Introduced Version
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Senate Bill No. 487
(By Senators Facemyer and Lanham)
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[Introduced March 8, 2005; referred to the Committee
on the Judiciary.]
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A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new section, designated §3-4A-9a, relating to
the authorization and use of ballot-marking accessible voting
systems; and setting forth minimum requirements for ballot-
marking accessible voting systems.
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §3-4A-9a, to read as
follows:
ARTICLE 4A. ELECTRONIC VOTING SYSTEMS.
§3-4A-9a. Authorization for ballot-marking voting systems; minimum
requirements.
(a) For purposes of this section, "ballot-marking accessible
voting system" means a device which allows voters, including voters
with disabilities, to mark an optically readable (OMR) ballot privately and independently. The ballot-marking device is capable
of marking voter selections on an optically readable OMR ballot
which shall be subsequently read and tallied on state certified OMR
ballot tabulating and reporting systems. Counties are hereby
authorized to obtain and employ ballot-marking accessible voting
systems.
(b) For the purpose of this section, "voter verifiable paper
ballot" means a cardboard or paper ballot which records a vote by
perforation or by means of a stylus or by means of touch.
(c) The ballot-marking accessible voting device shall be a
completely integrated ballot-marking device that is designed to
allow direct voter ballot choices either through a high resolution
visual display or through an audio function which allows voters
with impaired vision to listen to ballot choices with headphones
and enter ballot selections directly through specially designed,
integrated accessibility keys.
(d) Ballot-marking accessible voting systems may be used for
the purpose of marking OMR ballots cast in all general, special and
primary elections and shall meet the following specific
requirements:
(1) The ballot-marking accessible system and attendant system
firmware and programming software must be certified by an
independent testing authority, with an appropriate published
National Association of State Election Directors (NASED) and Election Assistance Commission (ECA) certification number,
according to the 2002 federal voting system standards and be
approved by the State Elections Commission as usual prior to
entering any contract.
(2) The ballot-marking system shall, additionally:
(A) Alert the voter if the voter has made more ballot
selections than the law allows for an individual office or ballot
issue;
(B) Be capable of alerting a voter if the voter has made fewer
ballot selections than the law allows for an individual office or
ballot issue;
(C) Provide the voter with the opportunity to change or
correct any ballot selections before the ballot is marked for
counting;
(D)In conformity with the federal Help American Vote Act,
allow the voter to independently review all ballot choices and make
any corrections, before the ballot is marked;
(E) Provide the voter with the opportunity to make a write-in
ballot choice, where allowed by appropriate legislation;
(F) Allow voters with disabilities to mark their ballots, in
complete independence, and in conformity with both the federal HAVA
and all provisions of law concerning mandatory accessibility for
disabled persons;
(G) Allow blind or visually impaired voters to vote in complete privacy;
(H) Provide voters with an opportunity to change ballot
selections, or correct errors, before the ballot is marked for
voting, including the opportunity to correct the error through the
issuance of a replacement ballot if the voter was otherwise unable
to change the ballot or correct the error;
(I) Provide voters with the ability to enter all ballot
selections through a high resolution visual display or through
headphones, where the ballot is read to the voter;
(J) Ensure complete ballot privacy, while employing the
ballot-marking audio system, while providing the voter with the
option to turn off the visual ballot display;
(K) Include a completely integrated voter input keypad, using
commonly accepted voter accessibility keys with Braille markings;
(L) Include the ability for a voter to employ a sip/puff
device to enter ballot choices;
(M) Allow the voter to magnify all ballot choices and to
adjust both the volume of the audio feature and the speed of ballot
presentation;
(N) Allow the voter to employ his or her own headset as well
as the headset provided with the ballot-marking device while being
equipped with multiple input connections to accommodate different
headsets;
(O) Have multiple-language capability;
(P) Produce a record with an audit capacity for the system;
(Q) Produce a paper record with a manual audit capacity for
the system.
(e) The Secretary of State is hereby directed to propose rules
and emergency rules for legislative approval in accordance with the
provisions of article three, chapter twenty-nine-a of this code
designed to ensure that any system employed by a county under the
provisions of this section is publicly tested prior to use in
election.
NOTE: The purpose of this bill is to authorize the use of
ballot-marking accessible voting systems while setting forth
minimum requirements for these systems.
This section is new; therefore, strike-throughs and
underscoring have been omitted.