HR 811: Separating Truth From Fiction in E-voting Reform

After years of painstaking lobbying, e-mail and phone campaigns, congressional hearings, and committee markups and amendments, Rep. Rush Holt’s Voter Confidence and Increased Accessibility Act finally appears poised for a floor vote in the House of Representatives. With an impressive 216 bipartisan co-sponsors, the bill has a real chance of passing. If signed into law, HR 811 would dramatically improve the electoral process in both the short and long term. While it would not solve the immense shortcomings in the current system, HR 811 would take a giant step towards returning much-needed transparency and accountability to the process.

What would HR 811 do? Among other things:

* Raise the floor, not a create a ceiling. The higher standards required by HR 811 would provide the beginning, not the end, of serious election reform. States wishing to, say, ban all electronic voting machines, impose stricter audit requirements, or force vendors to publicly disclose all of their source code will remain free to do so, as they are today. If HR 811 becomes law, however, states would not be permitted to lag behind in many important areas as so many do today.

* Require the generation of a voter-verified paper ballot. HR 811 would forbid in federal elections the use of direct recording electronic voting machines (DREs) that do not generate voter-verified paper ballots (VVPBs). See proposed Sec. 301(a)(2)(A)(i): “The voting system shall require the use of or produce an individual, durable, voter-verified paper ballot of the voter’s vote that shall be created by or made available for inspection and verification by the voter before the voter’s vote is cast and counted.” States wishing to impose additional requirements regarding what to do with VVPBs, such as a mandatory hand-count of all paper ballots, would be able to do so.

* Require manual audits of every federal election. HR 811 would not mandate (or forbid) the counting of VVPBs in all circumstances. Instead, HR 811 would require, for the first time in American history, across-the-board manual audits of federal elections. See proposed Sec. 321(a)(1): “[E]ach State shall administer, without advance notice to the precincts selected, audits of the results of elections for Federal office held in the State (and, at the option of the State or jurisdiction involved, of elections for State and local office held at the same time as such election) consisting of random hand counts of the voter-verified paper ballots …” Specifically, HR 811 would require audits of 3-10% of all precincts in every federal election (see proposed Sec. 322), depending on the apparent margin of victory and except in the case of landslide victories. This would be a breathtaking and unprecedented achievement. By contrast, federal law currently contains no audit requirement at all. States believing that initial hand counts or more robust audit protocols are more appropriate for their voters would have every right to impose such requirements.

* Require the disclosure of voting system source code in limited circumstances. HR 811 would, for the first time under federal law, explicitly mandate the disclosure of voting system source code to certain “qualified persons,” identified as (among others) parties to litigation and individuals who “review[], analyze[], or report[] on the technology solely for an academic, scientific, technological, or other investigation or inquiry concerning the accuracy or integrity of the technology.”

[Electronic Freedom Foundation]

Via Slashdot.

See Also

Read the bill in its entirety:
Library of Congress > THOMAS > Bills, Resolutions