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H0283......................................................by STATE AFFAIRS
ELECTIONS - Amends existing law to provide that the voting systems used in
the 2004 election shall continue to be authorized for use as long as the
voting system meets the requirements of the "Help America Vote Act of
2002"; to provide requirements for direct recording electronic voting
devices; and to provide that the Secretary of State may periodically review
the various voting systems that have been certified for use in the state to
ensure that the systems meet certain standards; and to provide that any
voting system that does not meet the standards may be decertified after a
public hearing.
03/01 House intro - 1st rdg - to printing
03/02 Rpt prt - to St Aff
03/08 Rpt out - rec d/p - to 2nd rdg
03/09 2nd rdg - to 3rd rdg
03/10 3rd rdg - PASSED - 63-0-7
AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer,
Bedke, Bilbao, Block, Boe, Bolz, Bradford, Chadderdon, Clark,
Collins, Crow, Denney, Edmunson, Ellsworth, Eskridge, Field(18),
Field(23), Garrett, Hart, Harwood, Henbest, Henderson, Jaquet, Jones,
Kemp, LeFavour, Loertscher, Martinez, Mathews, McGeachin, McKague,
Miller, Mitchell, Moyle, Nonini, Pasley-Stuart, Pence, Raybould,
Ring, Ringo, Roberts, Rusche, Rydalch, Sali, Sayler, Schaefer,
Shepherd(2), Shepherd(8), Shirley, Skippen, Smith(30), Smith(24),
Smylie, Snodgrass, Stevenson, Trail, Wills, Wood
NAYS -- None
Absent and excused -- Bell, Black, Cannon, Deal, Lake, Nielsen, Mr.
Speaker
Floor Sponsor - Miller
Title apvd - to Senate
03/11 Senate intro - 1st rdg - to St Aff
03/21 Rpt out - rec d/p - to 2nd rdg
03/22 2nd rdg - to 3rd rdg
03/23 3rd rdg - PASSED - 34-0-0, 1 vacancy
AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett,
Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis,
Gannon, Geddes, Goedde, Hill, Jorgenson, Kelly, Keough, Langhorst,
Little, Lodge, Malepeai, Marley, McGee, McKenzie, Pearce, Richardson,
Schroeder, Stegner, Stennett, Sweet, Werk, Williams
NAYS -- None
Absent and excused -- (District 21 seat vacant)
Floor Sponsor - Malepeai
Title apvd - to House
03/24 To enrol
03/28 Rpt enrol - Sp signed
03/29 Pres signed
03/30 To Governor
04/05 Governor signed
Session Law Chapter 282
Effective: 07/01/05
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]]
Fifty-eighth Legislature First Regular Session - 2005
IN THE HOUSE OF REPRESENTATIVES
HOUSE BILL NO. 283
BY STATE AFFAIRS COMMITTEE
1 AN ACT
2 RELATING TO VOTING SYSTEMS IN ELECTIONS; AMENDING SECTION 34-2409, IDAHO CODE,
3 TO PROVIDE THAT VOTING SYSTEMS USED IN THE 2004 ELECTION SHALL BE CONTIN-
4 UED TO BE AUTHORIZED FOR USE AS LONG AS THE VOTING SYSTEM MEETS THE
5 REQUIREMENTS OF THE HELP AMERICA VOTE ACT OF 2002, TO PROVIDE REQUIREMENTS
6 FOR DIRECT RECORDING ELECTRONIC VOTING DEVICES AND TO PROVIDE THAT THE
7 SECRETARY OF STATE MAY PERIODICALLY REVIEW THE VARIOUS VOTING SYSTEMS THAT
8 HAVE BEEN CERTIFIED FOR USE IN THE STATE TO ENSURE THAT THE SYSTEMS MEET
9 CERTAIN STANDARDS AND TO PROVIDE THAT ANY VOTING SYSTEM THAT DOES NOT MEET
10 THE STANDARDS MAY BE DECERTIFIED AFTER A PUBLIC HEARING.
11 Be It Enacted by the Legislature of the State of Idaho:
12 SECTION 1. That Section 34-2409, Idaho Code, be, and the same is hereby
13 amended to read as follows:
14 34-2409. EXAMINATION OF MACHINES BY SECRETARY OF STATE PRIOR TO ADOPTION.
15 (1) The secretary of state shall publicly examine all makes of voting machines
16 or vote tally systems submitted to him and determine whether the machines or
17 vote tally systems comply with the requirements of this chapter, and can
18 safely be used by voters at elections under the provisions of this chapter. In
19 order for any voting machine or vote tally system to be certified in Idaho it
20 must meet the federal election commission standards and be approved for use by
21 an independent testing authority sanctioned by the national association of
22 state election directors (NASED).
23 (2) Any person owning or interested in a voting machine or vote tally
24 system may submit it to the secretary of state for examination. No examination
25 shall be conducted unless documentation is provided indicating that the voting
26 machine or vote tally system meets the federal election commission standards.
27 For the purpose of assistance in examining the machine or vote tally system
28 the secretary of state may employ not more than three (3) individuals who are
29 expert in one (1) or more of the fields of data processing, mechanical engi-
30 neering and public administration. The compensation of these assistants shall
31 be paid by the person submitting the machine or vote tally system.
32 (3) Within thirty (30) days after completing the examination and approval
33 of any voting machine or vote tally system the secretary of state shall make
34 and file in his office his report on the machine or vote tally system,
35 together with a written or printed description and drawings and photographs
36 clearly identifying the machine or vote tally system and the operation
37 thereof. As soon as practicable after such filing, the secretary of state upon
38 request shall send a copy of the report to any governing body within the
39 state.
40 (4) Any voting machine or vote tally system that receives the approval of
41 the secretary of state may be used for conducting elections in this state. Any
42 machine or vote tally system that does not receive such approval shall not be
43 adopted for or used at any election. After a voting machine or vote tally sys-
2
1 tem has been approved by the secretary of state, any change or improvement in
2 the machine or vote tally system that does not impair its accuracy, efficiency
3 or capacity shall not render necessary a reexamination or reapproval of the
4 machine or vote tally system.
5 (5) Any voting system, including paper ballots, that was used in the 2004
6 general election shall be continued to be authorized for use as long as the
7 voting system meets the requirements of the "Help America Vote Act of 2002,"
8 Public Law 107-252.
9 (6) For all elections conducted after 2004, no direct recording elec-
10 tronic voting device shall be used unless the direct recording electronic vot-
11 ing device has a voter verifiable paper audit trail. Any certifications of a
12 direct recording electronic voting device without a voter verifiable paper
13 audit trail are hereby declared null and void.
14 (7) The secretary of state may periodically review the various voting
15 systems that have been certified for use in the state to ensure such systems
16 meet the standards set forth by the federal election assistance commission and
17 the national institute of standards and technology. Any voting system that
18 does not meet such standards may be decertified after a public hearing.
STATEMENT OF PURPOSE
RS 15068
This legislation is intended to make it clear that any
voting system in use in Idaho in the 2004 general election
can continue to be used as long as procedures can be put in
place so the system meets the requirements of the Help
America Vote Act of 2002.
It also requires any direct recording electronic (DRE) or
touch-screen voting device print the voters' selection on
paper for the voter to review before the vote is cast and
recorded in the device. This requirement is intended to
help voters gain confidence that their vote is counted
correctly. The Secretary of State has the responsibility to
certify voting equipment. This legislation also gives him
the authority to review and decertify equipment that no
longer meets federal standards.
FISCAL NOTE
No fiscal impact on the state general fund.
Contact
Name: Tim Hurst
Agency: Secretary of State
Phone 334-2852
STATEMENT OF PURPOSE/FISCAL NOTE H 283