Electronic Voting Systems (DREs): Legislation in the 108th Congress

Publication Date: August 2004

Publisher: Library of Congress. Congressional Research Service

Author(s):

Research Area: Politics

Type:

Abstract:

Several bills have been introduced in the 108th Congress to address issues that have been raised about the security of direct recording electronic (DRE) voting machines. Touchscreen and other DREs using computer-style displays are arguably the most versatile and voter-friendly of any current voting system. The popularity of DREs, particularly the touchscreen variety, has grown in recent years. In addition, the Help America Vote Act of 2002 (HAVA, P.L. 107 -- 252), while not requiring or prohibiting the use of any specific kind of voting system, does promote the use of DREs through some of its provisions. About 30% of voters are expected to use DREs in the November 2004 election. However, there is currently some controversy about how secure DREs are from tampering. There has been some disagreement among experts about both the seriousness of the security concerns and what should be done to address them. The bills -- H.R. 2239 (Holt), S. 1980 (Graham-FL), S. 1986 (Clinton), S. 2045 (Boxer), S. 2313 (Graham-FL), H.R. 4187 (King-IA), S. 2437 (Ensign), and H.R. 4966 (Larson) -- address these concerns in various ways:

-- Requiring that all voting systems produce a paper ballot that can be verified by a voter before the vote is cast (all except S. 1986 and H.R. 4966), or that all voting systems produce a verifiable ballot using the most accurate technology, which may or may not be paper-based (S. 1986).
-- Requiring that voting systems used to fulfill HAVA disability requirements use a system not requiring paper that provides for voter verification and separates vote generation from vote casting -- called modular voting architecture -- and providing for assisted voting as an option for jurisdictions unable to meet the requirement (H.R. 2239/S. 1980, S. 2045, S. 2313).
-- Providing an interim paper-based system to be supplied by the Election Assistance Commission (EAC) for states unable to meet the verification requirement (H.R. 2239/S. 1980, S. 2045, S. 2313).
-- Requiring mandatory recounts by the EAC of a small proportion of jurisdictions in each state (H.R. 2239/S. 1980, S. 2045, S. 2313).
-- Requiring that all voting system software be available for public inspection ("open source"), as certified by the EAC (H.R. 2239/S. 1980, S. 2045, S. 2313), or that states be provided with copies of the software (H.R. 4966).
-- Prohibiting the use of wireless communication devices in voting systems, with certification by the EAC (H.R. 2239/S. 1980, S. 1986, S. 2045, S. 2313).
-- Requiring adherence to certain security requirements (all except S. 2437).
-- Requiring federal certification of voting systems (S. 2313) or applying conflict-ofinterest standards to certification laboratories (H.R. 4966).
-- Posting information in the polling place regarding the availability of state administrative complaint procedures (H.R. 4966).
-- Requiring development by the EAC of best practices for accessibility and voterverification (H.R. 2239/S. 1980, S. 2045, S. 2313).
-- Moving up deadlines for complying with HAVA standards (H.R. 2239/S. 1980, S. 2045, S. 2313).

This report will be updated in response to legislative action on the bills discussed.