Alabama 2022 Regular Session

Alabama Senate Bill SB47 Compare Versions

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

Old	New	Differences
1	1	1 SB47
2	2	2 210600-2
3	3	3 By Senator Chambliss
4	4	4 RFD: Governmental Affairs
5	5	5 First Read: 11-JAN-22
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7	7	Page 0 1 210600-2:n:02/25/2021:PMG/bm LSA2021-605R1
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14	14	8 SYNOPSIS: Under existing law, the Alabama Electronic
15	15	9 Voting Committee is responsible for ensuring that
16	16	10 the state's electronic vote counting system meets
17	17	11 integrity standards set by law.
18	18	12 This bill would provide that the state's
19	19	13 electronic vote counting system must require the
20	20	14 use of a paper ballot that is marked and inspected
21	21	15 by the voter prior to the ballot being cast and
22	22	16 counted.
23	23	17 This bill would also make nonsubstantive,
24	24	18 technical revisions to update the existing code
25	25	19 language to current style.
26	26	20
27	27	21 A BILL
28	28	22 TO BE ENTITLED
29	29	23 AN ACT
30	30	24
31	31	25 Relating to voting; to amend Section 17-7-23, Code
32	32	26 of Alabama 1975, to require any approved electronic vote
33	33	27 counting system used in an election to require the use of
34	34	Page 1 1 paper ballots; and to make nonsubstantive, technical revisions
35	35	2 to update the existing code language to current style.
36	36	3 BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
37	37	4 Section 1. Section 17-7-23, Code of Alabama 1975, is
38	38	5 amended to read as follows:
39	39	6 "§17-7-23.
40	40	7 "(a) It shall be the duty of the committee to The
41	41	8 committee shall ensure the examination and certification of
42	42	9 electronic vote counting systems in the following manner:
43	43	10 "(1) By by publicly examining all makes of
44	44	11 electronic vote counting systems submitted and certifying
45	45	12 whether such the systems comply with the requirements of this
46	46	13 section.
47	47	14 "(2)(b) By inviting The committee shall invite any
48	48	15 vendor or company interested in selling an electronic vote
49	49	16 counting system in Alabama to submit such its equipment for
50	50	17 examination. The vote counting system shall be certified after
51	51	18 a satisfactory evaluation and testing has been performed to
52	52	19 determine that the equipment meets the requirements of this
53	53	20 article and performance and test standards for electronic
54	54	21 voting systems issued by the Federal Election Commission. The
55	55	22 committee may use certification of the equipment by an
56	56	23 authorized independent testing authority, or successor entity,
57	57	24 as evidence that the equipment meets the requirements of
58	58	25 Section 17-7-21 and this section, where certification by the
59	59	26 independent testing authority, or successor entity, is
60	60	27 applicable. For the purpose of assisting in examining such a
61	61	Page 2 1 system submitted pursuant to this subsection, the committee
62	62	2 may employ not more than three individuals who are expert
63	63	3 experts in one or more fields of data processing, mechanical
64	64	4 engineering, and public administration, who may or may not be
65	65	5 state employees and shall require from them a written report
66	66	6 of their examination. The vendor submitting a system for
67	67	7 certification shall pay to the State of Alabama by depositing
68	68	8 with the State Treasury for distribution to reimburse the
69	69	9 committee in an amount equal to the actual costs, if any,
70	70	10 incurred in examining the system. Such reimbursement
71	71	11 Reimbursement shall be made whether or not the system is
72	72	12 certified. No member of the committee nor any examiner shall
73	73	13 have any pecuniary interest in any voting equipment.
74	74	14 "(3)(c) The committee shall approve only those
75	75	15 electronic vote counting systems that are meet both of the
76	76	16 following requirements:
77	77	17 "(1) Are certified by an authorized independent
78	78	18 testing authority, or successor entity, as meeting the
79	79	19 performance and test standards for electronic voting systems
80	80	20 issued by the Federal Election Commission.
81	81	21 "(2) Require the use of a paper ballot that shall be
82	82	22 marked and made available for inspection and verification by
83	83	23 the voter before the vote is cast and counted. For purposes of
84	84	24 this subdivision, "paper ballot" means a paper ballot marked
85	85	25 by the voter by hand or by a disability accessible ballot
86	86	26 marking device.
87	87	Page 3 1 "(4)(d) After certification of any electronic vote
88	88	2 counting system, the Secretary of State shall make and
89	89	3 maintain a report on the system, and as soon as practicable,
90	90	4 shall send a notice of certification and, upon request, a copy
91	91	5 of the report to all governing bodies of the counties of the
92	92	6 state. Any electronic vote counting system that does not
93	93	7 receive certification shall not be adopted or used at any
94	94	8 election.
95	95	9 "(5)(e) After an electronic vote counting system has
96	96	10 been certified, any change or improvement in the system shall
97	97	11 be certified by the committee prior to the adoption of such
98	98	12 the change or improvement by any county. The committee shall
99	99	13 re-examine the electronic vote counting system to the extent
100	100	14 necessary to determine that it the system, as changed or
101	101	15 improved, is in compliance with the requirements of this
102	102	16 article. If the system, as changed or improved, is not in
103	103	17 compliance, the committee shall suspend all sales of the
104	104	18 equipment or system in the state until such the equipment or
105	105	19 system complies with the requirements of this article.
106	106	20 "(6)(f) The adoption of an electronic vote counting
107	107	21 system in which votes are recorded on an electronic ballot as
108	108	22 authorized in this article is hereby validated. It is the
109	109	23 legislative intent of this subsection to declare that the use
110	110	24 of electronic vote counting systems in which votes are
111	111	25 recorded on an electronic ballot has, since the enactment of
112	112	26 the Election Reform Act of 1983, been an acceptable method of
113	113	27 electronic vote counting."
114	114	Page 4 1 Section 2. This act shall become effective
115	115	2 immediately following its passage and approval by the
116	116	3 Governor, or its otherwise becoming law.
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