Alabama 2022 Regular Session

Alabama House Bill HB343 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	1 HB343
2	2	2 210600-2
3	3	3 By Representatives Mooney, Isbell, Crawford, Stringer,
4	4	4 Reynolds, Holmes, Carns, Ledbetter, Allen, Sorrells and
5	5	5 Fincher
6	6	6 RFD: Constitution, Campaigns and Elections
7	7	7 First Read: 15-FEB-22
8	8
9	9	Page 0 1 210600-2:n:02/25/2021:PMG/bm LSA2021-605R1
10	10	2
11	11	3
12	12	4
13	13	5
14	14	6
15	15	7
16	16	8 SYNOPSIS: Under existing law, the Alabama Electronic
17	17	9 Voting Committee is responsible for ensuring that
18	18	10 the state's electronic vote counting system meets
19	19	11 integrity standards set by law.
20	20	12 This bill would provide that the state's
21	21	13 electronic vote counting system must require the
22	22	14 use of a paper ballot that is marked and inspected
23	23	15 by the voter prior to the ballot being cast and
24	24	16 counted.
25	25	17 This bill would also make nonsubstantive,
26	26	18 technical revisions to update the existing code
27	27	19 language to current style.
28	28	20
29	29	21 A BILL
30	30	22 TO BE ENTITLED
31	31	23 AN ACT
32	32	24
33	33	25 Relating to voting; to amend Section 17-7-23, Code
34	34	26 of Alabama 1975, to require any approved electronic vote
35	35	27 counting system used in an election to require the use of
36	36	Page 1 1 paper ballots; and to make nonsubstantive, technical revisions
37	37	2 to update the existing code language to current style.
38	38	3 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
39	39	4 Section 1. Section 17-7-23, Code of Alabama 1975, is
40	40	5 amended to read as follows:
41	41	6 "§17-7-23.
42	42	7 "(a) It shall be the duty of the committee to The
43	43	8 committee shall ensure the examination and certification of
44	44	9 electronic vote counting systems in the following manner:
45	45	10 "(1) By by publicly examining all makes of
46	46	11 electronic vote counting systems submitted and certifying
47	47	12 whether such the systems comply with the requirements of this
48	48	13 section.
49	49	14 "(2)(b) By inviting The committee shall invite any
50	50	15 vendor or company interested in selling an electronic vote
51	51	16 counting system in Alabama to submit such its equipment for
52	52	17 examination. The vote counting system shall be certified after
53	53	18 a satisfactory evaluation and testing has been performed to
54	54	19 determine that the equipment meets the requirements of this
55	55	20 article and performance and test standards for electronic
56	56	21 voting systems issued by the Federal Election Commission. The
57	57	22 committee may use certification of the equipment by an
58	58	23 authorized independent testing authority, or successor entity,
59	59	24 as evidence that the equipment meets the requirements of
60	60	25 Section 17-7-21 and this section, where certification by the
61	61	26 independent testing authority, or successor entity, is
62	62	27 applicable. For the purpose of assisting in examining such a
63	63	Page 2 1 system submitted pursuant to this subsection, the committee
64	64	2 may employ not more than three individuals who are expert
65	65	3 experts in one or more fields of data processing, mechanical
66	66	4 engineering, and public administration, who may or may not be
67	67	5 state employees and shall require from them a written report
68	68	6 of their examination. The vendor submitting a system for
69	69	7 certification shall pay to the State of Alabama by depositing
70	70	8 with the State Treasury for distribution to reimburse the
71	71	9 committee in an amount equal to the actual costs, if any,
72	72	10 incurred in examining the system. Such reimbursement
73	73	11 Reimbursement shall be made whether or not the system is
74	74	12 certified. No member of the committee nor any examiner shall
75	75	13 have any pecuniary interest in any voting equipment.
76	76	14 "(3)(c) The committee shall approve only those
77	77	15 electronic vote counting systems that are meet both of the
78	78	16 following requirements:
79	79	17 "(1) Are certified by an authorized independent
80	80	18 testing authority, or successor entity, as meeting the
81	81	19 performance and test standards for electronic voting systems
82	82	20 issued by the Federal Election Commission.
83	83	21 "(2) Require the use of a paper ballot that shall be
84	84	22 marked and made available for inspection and verification by
85	85	23 the voter before the vote is cast and counted. For purposes of
86	86	24 this subdivision, "paper ballot" means a paper ballot marked
87	87	25 by the voter by hand or by a disability accessible ballot
88	88	26 marking device.
89	89	Page 3 1 "(4)(d) After certification of any electronic vote
90	90	2 counting system, the Secretary of State shall make and
91	91	3 maintain a report on the system, and as soon as practicable,
92	92	4 shall send a notice of certification and, upon request, a copy
93	93	5 of the report to all governing bodies of the counties of the
94	94	6 state. Any electronic vote counting system that does not
95	95	7 receive certification shall not be adopted or used at any
96	96	8 election.
97	97	9 "(5)(e) After an electronic vote counting system has
98	98	10 been certified, any change or improvement in the system shall
99	99	11 be certified by the committee prior to the adoption of such
100	100	12 the change or improvement by any county. The committee shall
101	101	13 re-examine the electronic vote counting system to the extent
102	102	14 necessary to determine that it the system, as changed or
103	103	15 improved, is in compliance with the requirements of this
104	104	16 article. If the system, as changed or improved, is not in
105	105	17 compliance, the committee shall suspend all sales of the
106	106	18 equipment or system in the state until such the equipment or
107	107	19 system complies with the requirements of this article.
108	108	20 "(6)(f) The adoption of an electronic vote counting
109	109	21 system in which votes are recorded on an electronic ballot as
110	110	22 authorized in this article is hereby validated. It is the
111	111	23 legislative intent of this subsection to declare that the use
112	112	24 of electronic vote counting systems in which votes are
113	113	25 recorded on an electronic ballot has, since the enactment of
114	114	26 the Election Reform Act of 1983, been an acceptable method of
115	115	27 electronic vote counting."
116	116	Page 4 1 Section 2. This act shall become effective
117	117	2 immediately following its passage and approval by the
118	118	3 Governor, or its otherwise becoming law.
119	119	Page 5