Louisiana 2021 2021 Regular Session

Louisiana House Bill HB653 Engrossed / Bill

                    HLS 21RS-981	REENGROSSED
2021 Regular Session
HOUSE BILL NO. 653
BY REPRESENTATIVE IVEY
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
VOTERS/VOTING:  Provides for voting and voting processes and procedures, including
provisions relative to the standards, requirement, and acquisition of voting machines
and systems
1	AN ACT
2To amend and reenact R.S. 18:18(A)(7), 21(C)(3), 1351, 1352, 1353(B), (C)(introductory
3 paragraph) and (2), and (D), 1361, 1362(A), and 1400.21(C), to enact R.S. 18:563.1,
4 and to repeal R.S. 18:1365, relative to the Louisiana Election Code; to revise
5 provisions relative to voting and voting processes and procedures; to provide relative
6 to the standards and requirements for and acquisition of voting machines and
7 systems; to remove certain provisions relative to specified types of voting systems
8 used in an election; to provide for requirements applicable to the acquisition of
9 voting systems; to require compliance with the Louisiana Procurement Code relative
10 to the acquisition of voting systems; to provide certain requirements relative to funds
11 used to acquire voting systems; to require legislative approval of voting systems
12 acquisition; to provide for definitions; and to provide for related matters.
13Be it enacted by the Legislature of Louisiana:
14 Section 1.  R.S. 18:18(A)(7), 21(C)(3), 1351, 1352, 1353(B), (C)(introductory
15paragraph) and (2), and (D), 1361, 1362(A), and 1400.21(C) are hereby amended and
16reenacted and R.S. 18:563.1 is hereby enacted to read as follows:
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1 §18.  Secretary of state; powers and duties
2	A.  The secretary of state shall administer the laws relating to custody of
3 voting machines and voter registration, and for this purpose he shall:
4	*          *          *
5	(7)  Prescribe uniform rules, regulations, forms, and instructions as to the use
6 of electronic voting machines, as defined by R.S. 18:1351, in the conduct of early
7 voting, which shall be approved by the attorney general and thereafter shall be
8 applied uniformly by each registrar of voters in the state.
9	*          *          *
10 §21.  Maps; use of voting machines, technology, and other resources; fees; Voting
11	Technology Fund
12	*          *          *
13	C.
14	*          *          *
15	(3)(a)  All monies in the fund shall be used solely and exclusively for general
16 operating purposes and for the acquisition and maintenance of voting machine
17 technology, including hardware and software; voting equipment and supplies; voter
18 outreach; voter improvement; early voting; and information technology products to
19 produce, run, and support the election and voting system.
20	(b)  Prior to the expenditure of any monies from the fund for the acquisition,
21 including a lease, of  any element or component of a voting system as defined in R.S.
22 18:1351, the secretary of state shall submit the details of any such expenditure,
23 including any related contract or proposed contract, to the Joint Legislative
24 Committee on the Budget for review and approval.
25	*          *          *
26 §563.1.  Voting processes and procedures; approval required
27	Prior to the implementation of a voting or election process or procedure that
28 affects the manner in which a voter casts a vote or the manner in which votes are
29 tabulated which is not explicitly provided by this Title or by rule adopted in
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1 accordance with the Administrative Procedure Act with notice as provided in R.S.
2 49:953(A), the election official who intends to implement the process or procedure
3 shall submit the proposal to the House Committee on House and Governmental
4 Affairs and the Senate Committee on Senate and Governmental Affairs for review
5 and approval.  Upon the receipt of the submission, the House Committee on House
6 and Governmental Affairs and the Senate Committee on Senate and Governmental
7 Affairs shall have sixty days to determine, either jointly or separately, whether the
8 proposed process or procedure shall be approved or disapproved.  If one of the
9 committees or if  both committees disapprove the process or procedure, such process
10 or procedure shall not be implemented or utilized for any purpose.  If the time period
11 for action by the committees has lapsed without any action, the process or procedure
12 shall be deemed approved.
13	*          *          *
14 §1351.  Definitions
15	As used in this Chapter, unless otherwise specified, the following terms shall
16 have the meanings herein ascribed to each:
17	(1)  "Absentee by mail and early voting counting equipment" means a device
18 capable of counting and producing results of votes cast on paper absentee by mail
19 and early voting ballots.
20	(4)(2)  "Election" means and includes all elections held in Louisiana, whether
21 primary, general, or special.
22	(5)  "Electronic voting machine" means a voting machine that displays a
23 full-face ballot, whereby votes are cast by pushing a vote indicator button on the face
24 of the machine or a voting machine that displays a paging ballot, whereby votes are
25 cast by selecting a vote indicator by touching the screen or using available tools on
26 the voting system.
27	(7)(3)  "Official ballot" means the list of candidates, offices, amendments,
28 questions, or propositions prominently displayed on the front of the voting machine.
29 on the voting machine or paper ballot as certified by the secretary of state.
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1	(8)(4)  "Parish custodian" refers to the parish custodian of voting machines
2 and means the persons designated as such by R.S. 18:1354.
3	(9)(5)  "Protective counter" means a counter, tabulator, or protective device
4 that will register each time the machine is operated voted during the life of the
5 machine.
6	(10)(6)  "Public counter" means a counter, tabulator, or other device on the
7 outside or on the face of the machine, which shall at all times indicate the number
8 of times votes have been cast on a machine at an election. protective device which
9 shall incrementally record and indicate each time votes have been cast on a machine
10 during an election.
11	(11) (7)  "Question" means an amendment, proposition, or like matter to be
12 voted on in an election.
13	(8)  "Vote-capture device" means a component of the voting system,
14 including hardware, software, and firmware, that captures and counts voter selections
15 on a ballot on a voting machine or on a paper ballot.
16	(12) (9)  "Vote indicator" means the device on a voting machine with which
17 votes upon a candidate or question are indicated.
18	(10)  "Voter-verified paper record" means a paper document that the voter
19 can review and verify before officially casting his ballot.
20	(13) (11) "Voting machine" means the enclosure occupied by the voter when
21 voting, as formed by the machine voter-facing vote-capture device, including its
22 screen and privacy shield, which shall include electronic voting machines.
23	(14) (12)  "Voting system" means the total combination of equipment,
24 including voting machines, used to define ballots,  cast and count votes, report or
25 display election results, and maintain and produce any auditable data and the
26 software, firmware, hardware, and documentation required to program, control, and
27 support such equipment.  "Voting system" also includes the vendor's practices and
28 documentation used to identify system components and versions of such
29 components, test the system during its development and maintenance, maintain
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1 records of system errors and defects, determine specific system changes made after
2 initial certification, and make available any materials to the voter hardware,
3 software, materials, and documentation used to cast and count votes or to perform
4 any of the support functions to enable the casting or counting of votes.
5 §1352.  Use of voting machines throughout state; exception for failure of voting
6	equipment, early voting, absentee by mail and early voting provisional
7	ballots
8	A.  Voting machines shall be used throughout this state in all elections.
9	B.  Notwithstanding the provisions of Subsection A of this Section, paper
10 ballots may be used when voting machines fail, for voting absentee by mail, for early
11 voting as provided in this Title, and for provisional ballots in the manner provided
12 by this Title.
13	C.  Nothing in this Chapter shall prohibit absentee by mail and early voting
14 as otherwise provided in this Title.
15 §1353.  Secretary of state; powers and duties; voting systems and system
16	components; voter registration
17	*          *          *
18	B.(1)  The secretary of state may prescribe shall promulgate uniform rules
19 and regulations with respect to matters pertaining to the certification standards and
20 requirements, procurement, preparation, and use of voting systems in the conduct of
21 elections and the duties of each category of persons charged with responsibility for
22 any matter relating to the voting systems in accordance with the Administrative
23 Procedure Act.  The Prior to final promulgation, the proposed rules and regulations
24 shall be approved reviewed by the attorney general and thereafter for uniformity and
25 compliance with the provisions of this Title.  The final rules and regulations shall be
26 distributed by the secretary of state to the election officials having responsibilities
27 relating to elections.  The rules and regulations and shall be applied uniformly
28 throughout the state.
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1	(2)  The rules and regulations for voting systems promulgated pursuant to
2 Paragraph (1) of this Subsection shall at minimum provide for all of the following:
3	(a)  Standards and requirements for usability, accessibility, durability,
4 accuracy, efficiency, capacity, and auditability.
5	(b)  Requirements that the voting machines shall not have  the capability of
6 being connected to the internet.
7	(c)  Requirements that the equipment used to program the ballots on the
8 voting machines shall not have the capability of being connected to the internet.
9	(d)  Requirements that the equipment used to perform software updates on
10 the voting machines be different than the equipment used to program the ballot.
11	(e)  Requirement that software or firmware updates shall be loaded onto
12 voting machines using a non-network connection.
13	(f)  Requirement that access to physical ports on any voting machine shall be
14 restricted and sealed during an election, with the exception of ports used to activate
15 the voting machine for each voter's voting session or as required for repair in the
16 manner provided by R.S. 18:553(C), 1313(D), or 1313.1.
17	(g)  Requirement for a voter-verified paper record produced by the voting
18 machine.
19	(h)  Requirement that all seals used on a voting machine shall be tamper-
20 proofed and serialized.
21	C.  In addition to any other duties and functions now or hereafter provided
22 by law, the secretary of state shall:
23	*          *          *
24	(2)  Be responsible Coordinate with the office of state procurement in the
25 division of administration for all procurement, sales, and transfers of voting systems
26 and system components and for all matters in connection with issuing the issuance
27 of competitive bids or requests for proposals or the advertising for and opening of
28 bids for or in connection therewith in accordance with all applicable law.
29	*          *          *
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1	D.  The secretary of state may shall appoint or employ mechanics, experts,
2 and other assistants when necessary in order to assume the maintenance, upkeep, and
3 proper functioning and operation of the machines, or when necessary in order to
4 explain and demonstrate to the election officials or to the public the proper method
5 of operation of the machines.
6	*          *          *
7 §1361.  Approval of voting systems or system components; certificate; expenses of
8	examination
9	A.  The secretary of state may shall examine any type or make of voting
10 system or system component upon the request of a representative of the maker or
11 supplier thereof.  If the secretary of state determines that the voting system or system
12 component complies with the requirements of this Chapter and that it meets
13 standards acceptable to him as to durability, accuracy, efficiency, and capacity the
14 standards promulgated pursuant to R.S. 18:1353, he shall approve that voting system
15 or system component for use in this state and shall issue his certificate of approval
16 thereof.  Any voting system procured or used in the state shall include a sound-
17 creating device which will audibly indicate that a voter has left the machine after
18 casting his vote and allow for the challenge removal of early voting ballots and may
19 include a voter verification mechanism.  In addition, any voting system or system
20 component procured or used in the state must shall have been certified according to
21 the voluntary voting system guidelines developed and maintained by the United
22 States Election Assistance Commission by a voting system test laboratory accredited
23 by the United States Election Assistance Commission.  This certificate, together with
24 any relevant reports, drawings, and photographs, shall be a public record.
25	B.  The secretary of state may shall appoint or employ experts as necessary
26 to assist him in making the examination provided for in this Section.  The expenses
27 of the services of such experts, not to exceed a total of five hundred five thousand
28 dollars, shall be paid prior to the examination by the person requesting examination
29 of the voting system or system component.  Experts employed in the examination
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1 shall sign the certificate of approval made by the secretary of state.  No voting
2 system or system component shall be used at any election which has not been
3 approved by the secretary of state as provided in this Section.
4 §1362.  Method of procuring voting systems or system components; parts and
5	supplies; and of contracting for the maintenance of voting machines
6	A.(1)  All voting systems or system components used in this state shall be
7 procured by the secretary of state, out of state funds appropriated for that purpose,
8 on the basis of a competitive request for proposals process or public bids submitted
9 to the secretary of state in accordance with specifications prepared by him in
10 accordance with the Louisiana Procurement Code.  The specifications for the voting
11 systems or system components to be procured may require tests and examinations
12 of the operation of the voting systems or system components, and the secretary of
13 state, for that purpose, may shall appoint or employ experts to report thereon and
14 charge the expense thereof to the responders or bidders.  Advertisement and letting
15 of contracts for the procurement of voting systems or system components shall be
16 in accordance with the Louisiana Procurement Code contained in Chapter 17 of Title
17 39 of the Louisiana Revised Statutes of 1950.
18	(2)  Notwithstanding any provision of law to the contrary, particularly the
19 provisions of Chapter 17 of Title 39 of the Louisiana Revised Statutes of 1950 the
20 provisions of Paragraph (1) of this Subsection and the Louisiana Procurement Code,
21 the secretary of state is authorized to procure directly from the supplier, through the
22 Department of State, voting systems or system components, parts, supplies, and other
23 election paraphernalia and to contract with the manufacturer through the Department
24 of State for the maintenance of the voting systems or system components.
25	*          *          *
26 §1400.21.  Help Louisiana Vote Fund
27	*          *          *
28	C.(1)  All unexpended and unencumbered monies in the fund at the end of
29 the fiscal year shall remain in the fund.  Such monies shall be invested by the state
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1 treasurer in the same manner as monies in the state general fund, and interest earned
2 on the investment of these monies shall be credited to the fund after compliance with
3 the requirements of the Bond Security and Redemption Fund.  The state treasurer
4 shall annually allocate investment earnings among the five accounts proportionally
5 based on the fund balance of each account at the time of the allocation.
6	(2)  Prior to the expenditure of any monies from the fund for the acquisition,
7 including a lease,  of any element or component of a  voting system as defined in
8 R.S. 18:1351, the secretary of state shall submit the details of any such expenditure,
9 including any related contract or proposed contract, to the Joint Legislative
10 Committee on the Budget for review and approval.
11 Section 2.  R.S. 18:1365 is hereby repealed in its entirety.
12 Section 3.  The standards and requirements relative to voting machines and voting
13systems enacted by the provisions of this Act shall apply to acquisition of new voting
14machines and voting systems occurring after the effective date of this Act.
DIGEST
The digest printed below was prepared by House Legislative Services.  It constitutes no part
of the legislative instrument.  The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent.  [R.S. 1:13(B) and 24:177(E)]
HB 653 Reengrossed 2021 Regular Session	Ivey
Abstract:  Revises the election code relative to voting and voting processes and procedures,
including provisions relative to the standards, requirement, and acquisition of voting
machines and systems.
Present law (La. Election Code) provides processes and requirements for voter registration
and voting, including the time and manner of voting.
Present law requires the secretary of state to prescribe uniform rules, regulations, forms, and
instructions as to the use of electronic voting machines in the conduct of early voting. 
Proposed law removes the word "electronic" in reference to the voting machines and
otherwise retains present law.
Proposed law retains present law but specifies that prior to the implementation of a voting
or election process or procedure that affects the manner in which a voter casts a vote or the
manner in which votes are tabulated which is not explicitly provided by the La. Election
Code or by rule adopted in accordance with the Administrative Procedure Act with notice
as provided as required by present law (R.S. 49:953(A)–notice for regular rulemaking
process), the election official who intends to implement the process or procedure shall
submit the proposal to the Committee on House and Governmental Affairs and the
Committee on Senate and Governmental Affairs for review and approval.  Provides that
upon the receipt, the committees have 60 days to determine, either jointly or separately,
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whether the proposed process or procedure shall be approved.  Provides that if one or both
committees disapprove the process or procedure, it shall not be implemented or utilized for
any purpose.  Provides that if the time period for action by the committees has lapsed
without any action, the process or procedure shall be deemed approved.
Present law relative to voting systems, provides definitions for the following terms:
"absentee by mail and early voting counting equipment", "election", "electronic voting
machine", "official ballot", "parish custodian", "protective counter", "public counter",
"question", "vote indicator", "voting machine ", and "voting system".
Proposed law changes the definitions for "official ballot", "protective counter", "public
counter", "voting machine", and "voting system".  Proposed law removes the definition for
"electronic voting machine".  Proposed law adds definitions for "vote-capture device" and
"voter-verified paper record".  Proposed law otherwise retains present law.
Present law provides that voting machines shall be used throughout the state in all elections,
but allows paper ballots to be used when voting machines fail and for voting absentee by
mail and early voting.
Proposed law provides instead that voting machines shall be used throughout the state in all
elections, but allows paper ballots to be used when voting machines fail for voting absentee
by mail, for early voting, and for provisional ballots.
Present law authorizes the secretary of state to prescribe uniform rules and regulations with
respect to matters pertaining to the procurement, preparation, and use of voting systems in
the conduct of elections and the duties of each category of persons charged with
responsibility for any matter relating to the voting systems.  Requires the rules to be
approved by the attorney general and distributed by the secretary of state to election
officials.
Proposed law instead requires the secretary to promulgate rules and regulations through the
Administrative Procedure Act and specifies that the rules and regulation shall also contain
certification standards and requirements for voting systems.  Further provides that instead
of approval, the attorney shall review the proposed rules and regulations for uniformity and
compliance with the La. Election Code.  Proposed law specifies that the rules and regulations
for voting systems are required to include standards and requirements for usability,
accessibility, durability, accuracy, efficiency, capacity, and auditability; requirements that
voting machines not have the capability of being connected to the internet; requirements that
the equipment used to program the ballots on the voting machines not have the capability
of being connected to the internet; and requirements that the equipment used to perform
software updates on the voting machines be different than the equipment used to program
the ballot; requirement that software or firmware updates be loaded using a non-network
connection; requirement that access to ports on a voting machine be restricted and sealed
during an election, except those used to activate the machine for voting or for repairs in the
manner provided by present law (R.S. 18:533(C), (1313(D), or 1313.1); requirement for a
voter-verified paper record produced by the voting machine; requirement that all seals used
on a voting machine be tamper-proofed and serialized; and otherwise retains present law.
Present law provides that the secretary of state shall be responsible for all procurement,
sales, and transfers of voting systems and system components and for all matters in
connection therewith.  Further authorizes the secretary of state to employ or appoint
mechanics, experts, etc., as necessary relative thereto.
Proposed law provides instead that the secretary of state shall coordinate with the office of
state procurement in the division of administration for all procurement, sales, and transfers
of voting systems and system components and for all matters in connection with the issuance
of competitive bids or requests for proposals in accordance with all applicable law.
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Present law authorizes the secretary of state to examine any type or make of voting system
or system component upon the request of a representative of the maker or supplier thereof
and if the secretary of state determines that the voting system or system component complies
with the requirements of present law he shall approve that voting system or system
component for use in this state and  issue his certificate of approval thereof.
Proposed law instead requires the secretary of state to examine any type or make of voting
system or system component upon request and further requires such a system to comply with
the requirements of present law and the standards promulgated pursuant to proposed law.
Present law authorizes the secretary of state to employ experts to assist him in making the
examination and provides that the expenses of the services of such experts shall not exceed
a total of $500 to be paid prior to the examination by the person requesting examination of
the voting system or system component.  Requires those experts to sign the certificate of
approval made by the secretary of state.  Prohibits any voting system or system component
from being used at any election which has not been so approved by the secretary of state.
Proposed law instead requires the secretary of state to employ such experts as necessary to
assist him and increases the amount of such services from $500 to $5000 and otherwise
retains present law.
Present law provides that all voting systems or system components used in this state shall
be procured by the secretary of state, out of state funds appropriated for that purpose, on the
basis of a competitive request for proposals process or public bids submitted to the secretary
in accordance with specifications prepared by him.  Provides that the specifications may
require tests and examinations of the operation of the voting systems or system components,
and the secretary, for that purpose, may employ experts to report thereon and charge the
expense thereof to the responders or bidders.  Specifies that advertisement and letting of
contracts for the procurement of voting systems or system components shall be in
accordance with the Louisiana Procurement Code.  However, present law provides an
exception to authorize the secretary of state to procure directly from the supplier, through
the Dept. of State, voting systems or system components, parts, supplies, and other election
paraphernalia and to contract with the manufacturer through the department for the
maintenance of the voting systems or system components.  Present law specifies that title
to all voting machines purchased by the secretary of state shall vest in the state.
Proposed law provides instead that voting systems or system components used in this state
shall be procured by the secretary of state in accordance with present law (La. Procurement
Code).  Proposed law further provides that if the system or components require testing or
examination, the secretary shall appoint or employ experts to report thereon.  Proposed law
limits the exception allowing procurement directly from the supplier or manufacturer by
removing the ability to directly procure voting systems or system components and allows
such procurement only for parts, supplies, and other election paraphernalia and maintenance
of voting systems and system components directly from the supplier or manufacturer. 
Proposed law otherwise retains present law.
Present law authorizes the secretary of state to utilize any procedure necessary to
accommodate the use of paging direct record electronic voting machines for voting where
possible, requires any such procedure  to be approved by the attorney general.  Requires the
secretary of state to immediately notify, in writing, the presiding officers of the legislature
and the standing committees of each house which have oversight over elections regarding
the procedure to be utilized and the circumstances which caused the need for such procedure.
Proposed law repeals present law.
Present law establishes the Voting Technology Fund as a special fund in the state treasury. 
Provides that the source of monies for the fund shall be the monies derived from fees
imposed for maps of precincts and election jurisdictions, for elections conducted for third
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parties, and any other monies appropriated to the fund.  Authorizes monies in the fund be
used for general operating purposes and for the acquisition and maintenance of voting
machine technology, including hardware and software; voting equipment and supplies; voter
outreach; voter improvement; early voting; and information technology products to produce,
run, and support the election and voting system.  Present law establishes the Help Louisiana
Vote Fund.  Sources of money deposited into the fund shall be any federal monies received
by the state pursuant to the Help America Vote Act and any monies appropriated to the fund. 
Establishes five accounts in the fund and specifies the uses of the monies in each account,
some of which include the acquisition of equipment and voting system technologies and
related matters.
Proposed law retains present law relative to such funds but specifies that prior to the
expenditure of any monies from the fund for the acquisition of any element or component
of a voting system, the secretary of state shall submit the details of any such expenditure,
including any related contract or proposed contract, to the Jt. Legislative Committee on the
Budget for review and approval.
Proposed law provides that the standards and requirements relative to voting machines and
voting systems enacted by proposed law shall apply to the acquisition of new voting
machines and voting systems occurring after the effective date of proposed law.
(Amends R.S. 18:18(A)(7), 21(C)(3), 1351, 1352, 1353(B), (C)(intro. paragraph) and (2),
and (D), 1361, 1362(A), and 1400.21(C); Adds R.S. 18:563.1; Repeals R.S. 18:1365)
Summary of Amendments Adopted by House
The Committee Amendments Proposed by House Committee on House and
Governmental Affairs to the original bill:
1. Limit the requirement of approval by the legislative governmental affairs
committees prior to the implementation of a voting or election process or
procedure that is not explicitly provided in the election code or promulgated rule,
to those processes and procedures that affect the manner in which a voter casts
a vote or the manner in which votes are tabulated.
2. Change definitions for "official ballot", "protective counter", "public counter",
"voting machine", and "voting system" and add definitions for "vote-capture
device" and "voter-verified paper record".
3. Provide additional certification requirements for voting systems relative to
updates and access to ports on voting machines.
4. Restore ability for the secretary of state to procure parts, supplies, and
maintenance directly from the manufacturer.
5. Increase the proposed amount authorized for expenses related to experts to assist
the secretary of state in examining voting systems from not to exceed a total of
$2000 to not to exceed $5000.
The House Floor Amendments to the engrossed bill:
1. Change definitions for "voting machine" and "voting system".
2. Add exception to the restriction on access to ports on voting machines to provide
for repairs.
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3. Add requirements for voting systems to include a voter-verified paper record
produced by the voting machine and that all seals on voting machines be tamper-
proofed and serialized.
4. Add provision that apply new standards and requirements to the acquisition of
new voting machines and systems after the effective date of the Act.
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