I must admit I am surprised a new law is needed.Nevada has taken the lead on paper trails not only in its own elections, but also in Congress. Its senators - John Ensign, a Republican, and Harry Reid, a Democrat - have co-sponsored the bipartisan Voting Integrity and Verification Act, one of a number of pending bills that would require that all electronic voting machines produce voter-verifiable paper trails. Congress should pass such legislation right away so all Americans can have the same confidence in their elections as Nevadans now have.
Under the Help America Vote Act 2002 electronic voting machines appear to have the following audit requirement:
TITLE III--UNIFORM AND NONDISCRIMINATORY ELECTION TECHNOLOGY AND
ADMINISTRATION REQUIREMENTSSubtitle A--Requirements
SEC. 301. <<NOTE: 42 USC 15481>> VOTING SYSTEMS STANDARDS.
(a) Requirements.--Each voting system used in an election for
Federal office shall meet the following requirements:
(2) Audit capacity.--
(A) In general.--The voting system shall produce a
record with an audit capacity for such system.
(B) Manual audit capacity.--
(i) The voting system shall produce a
permanent paper record with a manual audit
capacity for such system.
(ii) The voting system shall provide the voter
with an opportunity to change the ballot or
correct any error before the permanent paper
record is produced.
(iii) The paper record produced under
subparagraph (A) shall be available as an official
record for any recount conducted with respect to
any election in which the system is used.(taken from http://www.fec.gov/hava/law_ext.txt )
So unless there is a amendment to that law (that I am obviously unaware of) it isn't up to individual States to add this as an additional requirement - its already required. perhaps someone could enlighten me?
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