Alabama 2023 Regular Session

Alabama Senate Bill SB9 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	~~SB9ENROLLED~~
	1	+	SB9INTRODUCED
2	2		Page 0
3		-	MSK6HH-2
	3	+	MSK6HH-1
4	4		By Senator Chambliss
5	5		RFD: State Governmental Affairs
6	6		First Read: 07-Mar-23
7	7		PFD: 08-Feb-23
8		-	2023 Regular Session
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14		-	6 SB9 EnrolledSB9 Enrolled
	12	+	5 MSK6HH-1 01/10/2023 PMG (L) cr 2022-5072
15	13		Page 1
16		-	Enrolled, An Act,
	14	+	SYNOPSIS:
	15	+	Under existing law, the Alabama Electronic
	16	+	Voting Committee is responsible for ensuring that the
	17	+	state's electronic vote counting system meets integrity
	18	+	standards set by law.
	19	+	This bill would provide that the state's
	20	+	electronic vote counting system must require the use of
	21	+	a paper ballot that is marked and inspected by the
	22	+	voter prior to the ballot being cast and counted.
	23	+	This bill would also make nonsubstantive,
	24	+	technical revisions to update the existing code
	25	+	language to current style.
	26	+	A BILL
	27	+	TO BE ENTITLED
	28	+	AN ACT
17	29		Relating to voting; to amend Section 17-7-23, Code of
18	30		Alabama 1975, to require any approved electronic vote counting
19	31		system used in an election to require the use of paper
20	32		ballots; and to make nonsubstantive, technical revisions to
21	33		update the existing code language to current style.
22	34		BE IT ENACTED BY THE LEGISLATURE OF ALABAMA:
23	35		Section 1. Section 17-7-23, Code of Alabama 1975, is
24		-	amended to read as follows:
25		-	"§17-7-23
26		-	(a)It shall be the duty of the committee to The
27		-	committee shall ensure the examination and certification of
28		-	electronic vote counting systems in the following manner:
29		-	(1) By by publicly examining all makes of electronic
30		-	vote counting systems submitted and certifying whether such
31		-	the systems comply with the requirements of this section.
32		-	(2)(b) By inviting The committee shall invite any
33		-	vendor or company interested in selling an electronic vote
34		-	counting system in Alabama to submit such its equipment for
35		-	examination. The vote counting system shall be certified after
36		-	a satisfactory evaluation and testing has been performed to
37		-	determine that the equipment meets the requirements of this
38		-	article and performance and test standards for electronic
39		-	voting systems issued by the Federal Election Commission. The
40		-	committee may use certification of the equipment by an
41		-	authorized independent testing authority, or successor entity,
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69		-	28 SB9 ~~EnrolledSB9 Enrolled~~
	63	+	28 SB9 INTRODUCEDSB9 INTRODUCED
70	64		Page 2
	65	+	amended to read as follows:
	66	+	"§17-7-23
	67	+	(a)It shall be the duty of the committee to The
	68	+	committee shall ensure the examination and certification of
	69	+	electronic vote counting systems in the following manner:
	70	+	(1) By by publicly examining all makes of electronic
	71	+	vote counting systems submitted and certifying whether such
	72	+	the systems comply with the requirements of this section.
	73	+	(2)(b) By inviting The committee shall invite any
	74	+	vendor or company interested in selling an electronic vote
	75	+	counting system in Alabama to submit such its equipment for
	76	+	examination. The vote counting system shall be certified after
	77	+	a satisfactory evaluation and testing has been performed to
	78	+	determine that the equipment meets the requirements of this
	79	+	article and performance and test standards for electronic
	80	+	voting systems issued by the Federal Election Commission. The
	81	+	committee may use certification of the equipment by an
	82	+	authorized independent testing authority, or successor entity,
71	83		as evidence that the equipment meets the requirements of
72	84		Section 17-7-21 and this section, where certification by the
73	85		independent testing authority, or successor entity, is
74	86		applicable. For the purpose of assisting in examining such a
75	87		system submitted pursuant to this subsection , the committee
76	88		may employ not more than three individuals who are expert
77	89		experts in one or more fields of data processing, mechanical
78	90		engineering, and public administration, who may or may not be
79	91		state employees and shall require from them a written report
80	92		of their examination. The vendor submitting a system for
81		-	certification shall pay to the State of Alabama by depositing
82		-	with the State Treasury for distribution to reimburse the
83		-	committee in an amount equal to the actual costs, if any,
84		-	incurred in examining the system. Such reimbursement
85		-	Reimbursement shall be made whether or not the system is
86		-	certified. No member of the committee nor any examiner shall
87		-	have any pecuniary interest in any voting equipment.
88		-	(3)(c) The committee shall approve only those
89		-	electronic vote counting systems that are meet both of the
90		-	following requirements:
91		-	(1) Are certified by an authorized independent testing
92		-	authority, or successor entity, as meeting the performance and
93		-	test standards for electronic voting systems issued by the
94		-	Federal Election Commission.
95		-	(2) Require the use of a paper ballot that shall be
96		-	marked and made available for inspection and verification by
97		-	the voter before the vote is cast and counted. For purposes of
98		-	this subdivision, "paper ballot" means a paper ballot marked
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126		-	56 SB9 ~~EnrolledSB9 Enrolled~~
	120	+	56 SB9 INTRODUCEDSB9 INTRODUCED
127	121		Page 3
	122	+	certification shall pay to the State of Alabama by depositing
	123	+	with the State Treasury for distribution to reimburse the
	124	+	committee in an amount equal to the actual costs, if any,
	125	+	incurred in examining the system. Such reimbursement
	126	+	Reimbursement shall be made whether or not the system is
	127	+	certified. No member of the committee nor any examiner shall
	128	+	have any pecuniary interest in any voting equipment.
	129	+	(3)(c) The committee shall approve only those
	130	+	electronic vote counting systems that are meet both of the
	131	+	following requirements:
	132	+	(1) Are certified by an authorized independent testing
	133	+	authority, or successor entity, as meeting the performance and
	134	+	test standards for electronic voting systems issued by the
	135	+	Federal Election Commission.
	136	+	(2) Require the use of a paper ballot that shall be
	137	+	marked and made available for inspection and verification by
	138	+	the voter before the vote is cast and counted. For purposes of
	139	+	this subdivision, "paper ballot" means a paper ballot marked
128	140		by the voter by hand or by a disability accessible ballot
129	141		marking device.
130	142		(4)(d) After certification of any electronic vote
131	143		counting system, the Secretary of State shall make and
132	144		maintain a report on the system, and as soon as practicable
133	145		shall send a notice of certification and, upon request, a copy
134	146		of the report to all governing bodies of the counties of the
135	147		state. Any electronic vote counting system that does not
136	148		receive certification shall not be adopted or used at any
137	149		election.
138		-	(5)(e) After an electronic vote counting system has
139		-	been certified, any change or improvement in the system shall
140		-	be certified by the committee prior to the adoption of such
141		-	the change or improvement by any county. The committee shall
142		-	re-examine the electronic vote counting system to the extent
143		-	necessary to determine that it the system, as changed or
144		-	improved, is in compliance with the requirements of this
145		-	article. If the system, as changed or improved, is not in
146		-	compliance, the committee shall suspend all sales of the
147		-	equipment or system in the state until such the equipment or
148		-	system complies with the requirements of this article.
149		-	(6)(f) The adoption of an electronic vote counting
150		-	system in which votes are recorded on an electronic ballot as
151		-	authorized in this article is hereby validated. It is the
152		-	legislative intent of this subsection to declare that the use
153		-	of electronic vote counting systems in which votes are
154		-	recorded on an electronic ballot has, since the enactment of
155		-	the Election Reform Act of 1983, been an acceptable method of
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183		-	84 SB9 ~~EnrolledSB9 Enrolled~~
	177	+	84 SB9 INTRODUCEDSB9 INTRODUCED
184	178		Page 4
	179	+	(5)(e) After an electronic vote counting system has
	180	+	been certified, any change or improvement in the system shall
	181	+	be certified by the committee prior to the adoption of such
	182	+	the change or improvement by any county. The committee shall
	183	+	re-examine the electronic vote counting system to the extent
	184	+	necessary to determine that it the system, as changed or
	185	+	improved, is in compliance with the requirements of this
	186	+	article. If the system, as changed or improved, is not in
	187	+	compliance, the committee shall suspend all sales of the
	188	+	equipment or system in the state until such the equipment or
	189	+	system complies with the requirements of this article.
	190	+	(6)(f) The adoption of an electronic vote counting
	191	+	system in which votes are recorded on an electronic ballot as
	192	+	authorized in this article is hereby validated. It is the
	193	+	legislative intent of this subsection to declare that the use
	194	+	of electronic vote counting systems in which votes are
	195	+	recorded on an electronic ballot has, since the enactment of
	196	+	the Election Reform Act of 1983, been an acceptable method of
185	197		electronic vote counting."
186	198		Section 2. This act shall become effective immediately
187	199		following its passage and approval by the Governor, or its
188	200		otherwise becoming law.
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192		-	88 SB9 EnrolledSB9 Enrolled
193		-	Page 5
194		-	________________________________________________
195		-	President and Presiding Officer of the Senate
196		-	________________________________________________
197		-	Speaker of the House of Representatives
198		-	SB9
199		-	Senate 04-Apr-23
200		-	I hereby certify that the within Act originated in and passed
201		-	the Senate.
202		-	Patrick Harris,
203		-	Secretary.
204		-	House of Representatives
205		-	Passed: 02-May-23
206		-	By: Senator Chambliss
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