Electronic Voting Law, Acts, and Bills
Laws
The United States Constitution outlines roles for both the state and federal governments in elections. States are given the authority to regulate the elections process itself. This includes the power to decide details of registration procedures, absentee voting requirements, establishment of polling places, and counting and certification of the vote. States are, in general, also responsible for covering the costs of elections. While election policy and regulations are decided at the state level, most states have decentralized the process so that details of election administration, including the choice of voting technologies, are done at the city or county levels.
Help America Vote Act (HAVA)
As a result of the 2000 Presidential Election debacle, the federal government
has exerted more direct authority over the administration of elections and mandated
specific procedures for election reform. Among the mandates in the Help America
Vote Act are the requirement for all states to provide a process for allowing
voters to cast provisional ballots by 2004 and the requirement for all states
to have at least one DRE machine per county to provide enhanced access to the
voting process by people with disabilities by 2006. A provisional ballot allows
voters whose voter registration status is in doubt to cast a vote pending review
by the local election board.
Online resources:
Digital Millennium Copyright Act (DMCA)
In the fall of 1998, Congress passed the Digital Millennium Copyright Act (DMCA), an extension of copyright protections designed to deal with problems the copyright industry saw emerging with the growing adoption of digital technologies such as the personal computer and the Internet. The DMCA, which was supported by the software and entertainment industries and opposed by academics, librarians and scientists, included provisions making it a crime to circumvent anti-piracy measures included in commercial software and stipulated that Internet service providers must remove material from their clients web sites that appears to violate copyright. Copyright holders who determine that a web site is storing or linking to information they believe to be under their copyright can notify the Internet service provider hosting the site and demand that the material be removed.
The DMCA negatively restricts public debate over electronic voting in at least two significant ways. First, the law makes it illegal to apply long established and legally recognized fair use principles, which allowed the reverse engineering of commercially available electronic technology that utilizes encryption. This prohibition on reverse engineering restricts the legitimate investigation of the claims made by electronic voting technology vendors about their equipment. Second, the mere posting of data regarding the design and operation of voting software developed by private corporations may be subject to a DMCA pull down request, as was the case when voting activist Bev Harris posted software source code and internal company memos of the DRE voting machine manufacturer Diebold corporation.
Online resources:
Uniform Computer Information Transactions Act (UCITA)
UCITA bars the public disclosure of flaws or problems discovered in equipment purchased or about to be purchased. Language from this Act may appear in purchase contracts provided by vendors to states and counties. It shields manufactures from liability from poorly designed voting equipment; bars public comment or disclosure of poorly performing software that may exist on electronic voting technology; and allows the introduction of "back doors" in the design an implementation of software products sold under these types of contract or licensing agreements.
Online resources:
Proposed Legislation
Voter Confidence and Increased Accessibility Act of 2003
Sponsored by congressman Rush Holt (NJ), the bill requires all voting systems to produce a voter-verified paper record for use in manual audits and recounts, bans the use of undisclosed software and wireless communications devices in voting systems, requires all voting systems to meet these requirements in time for the general election in November 2004, requires that electronic voting system be provided for persons with disabilities by January 1, 2006 -- one year earlier than currently required by HAVA and requires mandatory surprise recounts in 0.5% of domestic jurisdictions and 0.5% of overseas jurisdictions.
110th Congress:
House Resolution 2360, the Voting Ehancement
and Security Act of 2007, a bill to amend the Help America Vote Act of 2002
to require States to meet
Federal guidelines for the operation of electronic voting equipment. Rep.
Vernon Ehlers, [MI-3] (introduced 5/17/2007)
House Resolution 1667, the Vote by Mail
Act of 2007, would establish a Vote by Mail grant program. Rep
Susan A. Davis, Susan. (Introduced March 23, 2007)
House Resolution 1646, the Mail-In Ballot
Tracking Act of 2007, a to amend the Help America Vote Act of 2002 to require
States to implement procedures for tracking ballots which are transmitted by
mail , and for other purposes. Rep.
Susan A. Davis [CA-53] (introduced March 22, 2007)
House Resolution 1523, a bill to provide for
interregional primary elections and caucuses for the selection of delegates
to political party Presidential nominating conventions. Rep
Sander M. Levin, [MI-12] (introduced 3/14/2007)
Senate 1487, the Ballot Integrity Act of 2007, a bill to amend the Help America
Vote Act of 2002 to require an individual, durable, voter-verified paper record
under title III of such Act. Sen Feinstein,
Dianne [CA] (introduced 5/24/2007)
.
House Resolution 1433, a bill to provide for
the treatment of the District of Columbia as a Congressional district for purposes
of representation in the House of Representatives, and for other purposes.
Rep Eleanor Holmes Norton, [DC] (introduced 3/9/2007)
House Resolution 1383 the Quelling of Unwanted Intrusive and Excessive Telephone
Calls Act of 2007, a bill to amend title 18, United States Code, to provide
penalties for the misuse of robocalls. Rep
Zoe Lofgren [CA-16] (introduced
3/7/2007)
House Resolution 1381, the Count Every Vote
Act, a bill to amend the Help
America Vote Act of 2002 to
improve the administration of elections for Federal office, and for other
purposes. Rep Jones, Stephanie
Tubbs [OH-11]
(introduced 3/7/2007)
House Resolution 1298, the Push Poll Disclosure Act, a bill to amend the Federal
Election Campaign Act of 1971 to require persons conducting Federal election
polls by telephone to disclose certain information to respondents and the Federal
Election Commission. Rep
Thomas E.Petri [WI-6] (introduced 3/1/2007)
House Resolution 1281, a bill to amend title
18, United States Code, to prohibit certain deceptive practices in Federal
elections. Rep Rahm Emanuel [IL-5]
(introduced 3/1/2007) .
Senate Resolution 979, the Vote by Mail Act
of 2007, would establish a Vote by Mail grant program. Sen.
Ron Wyden [OR]
(introduced 3/23/2007).
House Resolution 894 the Responsible Campaign Communications Act of 2007,
a bill to amend the Federal Election Campaign Act of 1971 to apply certain
requirements regarding the disclosure of identifying information within communications
made through the Internet, to apply certain disclosure requirements to prerecorded
telephone calls. Rep David E. Price [NC-4] (introduced 2/7/2007)
House Resolution 879 Verifying the Outcome
of Tomorrow's Elections Act of 2007, a bill to amend the Help America Vote
Act of 2002 to require individuals
to present a government-issued photo identification as a condition of voting
in elections for Federal office, to prohibit any individual from tabulating
votes in an election for Federal office unless the individual has been subject
to a criminal background check. Rep
Tom Feeney [FL-24] (introduced 2/7/2007)
House Resolution 818 the Ex-Offenders Voting
Rights Act of 2007, a bill to ecure the Federal voting rights of certain qualified
ex-offenders who have
served their sentences.Rep Charles B.
Rangel [NY-15] (introduced
2/5/2007)
H.R. 811 a substitute offered
by Subcommittee on Elections Chair Zoe Lofgrin, the Voter Confidence
and Increased Accessibility Act of 2007." Introduced by Rep. Zoe Lofgrin
[CA] May 2007
House
Resolution 811, a bill, to create voter verified audit trail requirement
for all federal elections. The bill has 174 bipartisan cosponsors and
has been referred to the House Committee
on Administration.
(February 7, 2007) Rep. Rush Holt [NJ2] (introduced 2/5/2007) The report
language for the bill is the version that will be considered by the
U.S. House of Representatives.
Senate Resolution 804, the Count Every Vote
Act of 2007, a bill to amend the Help America Vote Act of 2002 to improve
the administration of elections for Federal office. Sen
Hillary Rodham Clinton [NY] (introduced 3/7/07)
Senate Resolution 730 the Voting Opportunity
and Technology Enhancement Rights Act of 2007, a bill to amend the Help
America Vote Act of 2002 to protect voting
rights and to improve the administration of Federal elections. Sponsor: Sen
Christopher J.Dodd, [CT] (introduced 3/1/2007)
Senate Resolution 737 the oter Advocate and
Democracy Index Act of 2007, a bill to amend the Help
America Vote Act of 2002 in order to measure, compare,
and improve the quality of voter access to polls and voter services in the
administration of Federal elections in the States. Sen
Barack Obama [IL] (introduced
3/1/2007)
House Resolution 756, E-Poll
Book Improvement Act of 2007, a bill to amend the Help
America Vote Act of 2002 to direct the Election
Assistance Commission to develop and adopt guidelines
for electronic
poll
books in the
same manner as the Commission develops and adopts voluntary voting
system guidelines under the Act, and for other purposes. Rep
Diana DeGette [CO-1] (introduced 1/31/2007)
Senate Resolution 559 the Vote Integrity and
Verification Act of 2007, a bill to amend the Help
America Vote Act of 2002 to require a voter-verified permanent paper ballot.
Sponsor Sen.Bill Nelson (FL) [FL]
(introduced 2/13/2007)
House Resolution 481 the Federal Election
Integrity Act of 2007, a bill to amend the Help
America Vote Act of 2002 to require each individual who desires
to vote in an election for Federal office to provide the appropriate election
official with a government-issued photo identification, and for other purposes.
Rep John T. Doolittle [CA-4] (introduced 1/16/2007)
House Resolution 492 the District of Columbia
Voting Rights Restoration Act of 2007, a bill to restore the Federal electoral
rights of the residents
of the District of Columbia, and for other purposes. Rep
Dana Rohrabacher [CA-46] (introduced 1/16/2007)
Senate Resolution 478 Deceptive Practices
and Voter Intimidation Prevention Act of 2007, a bill to prohibit deceptive
practices in Federal elections. Sen Barack
Obama [IL] (introduced
1/31/2007)
Senate Resolution 453 the Deceptive Practices
and Voter Intimidation Prevention Act of 2007 (Introduced in Senate), a bill
to
prohibit
deceptive practices in Federal
elections. Sen Barack Obama [IL]
(introduced 1/31/2007)
House Resolution 421 the Federal Election Administration
Act of 2007, a bill to amend the Federal Election Campaign Act of 1971 to replace
the Federal Election
Commission
with the Federal Election Administration,
and
for other purposes. Rep Marin T. Meehan [MA-5] (introduced 1/11/2007)
House Resolution 301 the Voter Bounty Registration
Act of 2007, a bill to amend the Help
America Vote Act of 2002 to establish standards for the distribution
of voter registration application forms, and for other purposes.Rep
Stevan Pearce [NM-2] (introduced 1/5/2007)
House Resolution 302 the Fair Voter Education
Act of 2007, a bill to amend the Help
America Vote Act of 2002 to prohibit a State receiving payments under
such Act from using the payments for public communications which promote or
oppose a candidate for public office or political party. Rep
Stevan Pearce [NM-2] (introduced 1/5/2007)
House Resolution 281 the Universal Right to
Vote by Mail Act of 2007, a bill to amend the Help
America Vote Act of 2002 to allow all eligible voters to
vote by mail in Federal elections.Rep
Rahm Emanuel [IL-5] (introduced
3/1/2007)
House Resolution 101 the E-Poll Book Improvement
Act of 2007, a bill to amend the Federal Election Campaign Act of 1971 to prohibit
certain State
election administration officials from actively participating in electoral
campaigns. Rep Susan A. Davis [CA-53] (introduced 1/4/2007)
House Resolution 71 the First Amendment Restoration
Act, a bill to amend the Federal Election Campaign Act of 1971 to repeal the
requirement that persons making disbursements for electioneering communications
file reports on such disbursements with the Federal Election Commission and
the prohibition against the making of disbursements for electioneering communications
by corporations and labor organizations. Rep
Roscoe G. Bartlett [MD-6] (introduced
1/4/2007)
House Joint Resolution 28 a bill Proposing an amendment to the Constitution
of the United States regarding the right to vote. Rep
Jesse L. Jackson., Jr.
[IL-2] (introduced 2/13/2007)
House Joint Resolution 4, Every Vote Counts Amendment, a bill proposing an
amendment to the Constitution of the United States to abolish the electoral
college and to provide for the direct popular election of the President and
Vice President of the United States.
House Joint Resolution 2 Proposing an amendment
the Constitution of the United States regarding presidential election voting
rights for residents of
all United
States
territories
and commonwealths.
Rep Donna Christensen [VI] (introduced 1/4/2007)
Online resources:
General Resources