[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5814 Introduced in House (IH)]
112th CONGRESS
2d Session
H. R. 5814
To amend the Help America Vote Act of 2002 to establish standards for
the publication of the poll tapes used in elections for Federal office,
and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 17, 2012
Mr. Holt introduced the following bill; which was referred to the
Committee on House Administration
_______________________________________________________________________
A BILL
To amend the Help America Vote Act of 2002 to establish standards for
the publication of the poll tapes used in elections for Federal office,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Poll Tape Transparency Act of
2012''.
SEC. 2. REQUIRING STATES TO MEET STANDARDS FOR PUBLICATION OF POLL
TAPES.
(a) In General.--Section 301(a) of the Help America Vote Act of
2002 (42 U.S.C. 15481(a)) is amended by adding at the end the following
new paragraph:
``(7) Requirements for publication of poll tapes.--
``(A) Requirements.--Each State shall meet the
following requirements:
``(i) Upon the closing of the polls at each
polling place, the appropriate election
official, under the observation of the
certified tabulation observers admitted to the
polling place under subparagraph (E) (if any),
shall announce the vote orally, post a copy of
the poll tape reflecting the totals from each
voting machine upon which votes were cast in
the election at the polling place, and prepare
and post a statement of the total number of
individuals who appeared at the polling place
to cast ballots, determined by reference to the
number of signatures in a sign-in book or other
similar independent count. Such officials shall
ensure that each of the certified tabulation
observers admitted to the polling place has
full access to observe the process by which the
poll tapes and statement are produced and a
reasonable period of time to review the poll
tapes and statement before the polling place is
closed, and (if feasible) shall provide such
observers with identical duplicate copies of
the poll tapes and statement.
``(ii) As soon as practicable, but in no
event later than noon of the day following the
date of the election, the appropriate election
official shall display (at a prominent location
accessible to the public during regular
business hours and in or within reasonable
proximity to the polling place) a copy of each
poll tape and statement prepared under clause
(i), and the information shall be displayed on
the official public websites of the applicable
local election official and chief State
election official, together with the name of
the designated voting official who entered the
information and the date and time the
information was entered.
``(iii) Each website on which information
is posted under clause (ii) shall include
information on the procedures by which
discrepancies shall be reported to election
officials. If any discrepancy exists between
the posted information and the relevant poll
tape or statement, the appropriate election
official shall display information on the
discrepancy on the website on which the
information is posted under clause (ii) not
later than 24 hours after the official is made
aware of the discrepancy, and shall maintain
the information on the discrepancy and its
resolution (if applicable) on such website
during the entire period for which results of
the election are typically maintained on such
website.
``(iv) The appropriate election official
shall preserve archived copies of the poll
tapes and statements prepared under clause (i)
and reports of discrepancies filed by certified
tabulation observers for the period of time
during which records and papers are required to
be retained and preserved pursuant to title III
of the Civil Rights Act of 1960 (42 U.S.C. 1974
et seq.) or for the same duration for which
archived copies of other records of the
election are required to be preserved under
applicable State law, whichever is longer.
``(B) Treatment of ballots cast at early voting
sites.--
``(i) Application.--The requirements of
this subparagraph shall apply with respect to
poll tapes and statements of the number of
voters who voted in person at designated sites
prior to the date of the election.
``(ii) Daily count of voters.--At the close
of business on each day on which ballots
described in clause (i) may be cast prior to
the date of the election, the appropriate
election official at each such site shall--
``(I) under the observation of
certified tabulation observers admitted
to the site under subparagraph (E) (if
any), prepare and post a statement of
the total number of individuals who
appeared at the site to cast ballots,
determined by reference to the number
of signatures in a sign-in book or
other similar independent count, and
the total number of ballots cast
(excluding information on the votes
received by individual candidates), and
shall ensure that each of the certified
tabulation observers admitted to the
site has full access to observe the
process by which the statement is
produced and a reasonable period of
time to review the statement before the
site is closed; and
``(II) display at the site during
regular business hours for the duration
of the early voting period a paper copy
of the statement prepared under
subclause (I).
``(iii) Application of general requirements
for poll tapes and statements.--Upon the
closing of the polls on the date of the
election, the appropriate election official at
each designated site described in this
subparagraph shall meet the requirements of
subparagraph (A) (including requirements
relating to the role of certified tabulation
observers) in the same manner as an election
official at a polling place.
``(C) Treatment of absentee ballots.--
``(i) Daily count of ballots mailed and
received.--At the close of each business day on
which a State mails or accepts absentee ballots
cast in an election for Federal office prior to
the date of the election, the appropriate
election official shall--
``(I) under the observation of
certified tabulation observers admitted
under subparagraph (E) to the site at
which the ballots are mailed and
received (if any), prepare and post a
statement of the total number of
absentee ballots mailed and received by
the official during that day and a
separate count of the number of
absentee ballots received but rejected
(separated into categories of the
reasons for rejection), and ensure that
each of the certified tabulation
observers admitted to the site has full
access to observe the process by which
the statement is produced and a
reasonable period of time to review the
statement before the site is closed;
and
``(II) display at the site during
regular business hours for the duration
of the period during which absentee
ballots are processed a paper copy of
the statement prepared under subclause
(I).
``(ii) Application of general requirements
for poll tapes and statements.--At the close of
business on the last day on which absentee
ballots are counted prior to the certification
of the election, the appropriate election
official at the site at which absentee ballots
are received and counted shall meet the
requirements of subparagraph (A) (including
requirements relating to the role of certified
tabulation observers) in the same manner as an
election official at a polling place.
``(D) Daily count of provisional ballots.--At the
close of business on the day on which the appropriate
election official determines whether or not provisional
ballots cast in an election for Federal office will be
counted as votes in the election (as described in
section 302(a)(4)), the official shall--
``(i) under the observation of certified
tabulation observers admitted under
subparagraph (E) to the site at which the
determination is made (if any), prepare and
post a statement of the number of such ballots
for which a determination was made, the number
of ballots counted, and the number of ballots
rejected (separated into categories of the
reason for the rejection), and ensure that each
of the certified tabulation observers admitted
to the site has full access to observe the
process by which the statement is produced and
a reasonable period of time to review the
statement before the site is closed; and
``(ii) display at the site during regular
business hours for the duration of the period
during which provisional ballots are processed
a paper copy of the statement prepared under
clause (i).
``(E) Admission of certified tabulation
observers.--
``(i) Certified tabulation observer
defined.--In this paragraph, a `certified
tabulation observer' is an individual who is
certified by an appropriate election official
as authorized to carry out the responsibilities
of a certified tabulation observer under this
paragraph.
``(ii) Selection.--In determining which
individuals to certify as tabulation observers
and admit to a polling place or other location
to serve as certified tabulation observers with
respect to an election for Federal office, the
election official shall give preference to
individuals who are affiliated with a candidate
in the election, except that--
``(I) the number of individuals
admitted who are affiliated with the
same candidate for Federal office may
not exceed one; and
``(II) the maximum number of
individuals who may be admitted shall
equal the number of candidates in the
election plus 3, or such greater number
as may be authorized under State law.
``(iii) No effect on admission of other
observers.--Nothing in this subparagraph may be
construed to limit or otherwise affect the
authority of other individuals to enter and
observe polling place operations under any
other law, including international observers
authorized under any treaty or observers of the
Federal Government authorized under the Voting
Rights Act of 1965.
``(F) No effect on other tabulation requirements.--
Nothing in this Act may be construed to supersede any
requirement that an election official at a polling
place report vote totals to a central tabulation
facility and address discrepancies the official finds
in the aggregation of those totals with other vote
totals.''.
(b) Effective Date.--Section 301(d) of such Act (42 U.S.C.
15481(d)) is amended by striking ``January 1, 2006'' and inserting
``January 1, 2006 (or, in the case of the requirements of subsection
(a)(7), shall meet such requirements with respect to the first election
for Federal office held after the date of the enactment of the Poll
Tape Transparency Act of 2012 and each subsequent election for Federal
office)''.
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