Election Audit Transparency Act

I 117TH CONGRESS 1ST SESSION H. R. 1070 To amend the Help America Vote Act of 2002 to prohibit States from using proprietary voting system hardware or software in the administra- tion of an election for Federal office which prevents the system from meeting the voluntary voting system guidelines for interoperability and auditability issued by the Election Assistance Commission under such Act. IN THE HOUSE OF REPRESENTATIVES FEBRUARY 15, 2021 Mr. POSEY introduced the following bill; which was referred to the Committee on House Administration A BILL To amend the Help America Vote Act of 2002 to prohibit States from using proprietary voting system hardware or software in the administration of an election for Fed- eral office which prevents the system from meeting the voluntary voting system guidelines for interoperability and auditability issued by the Election Assistance Com- mission under such Act. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 VerDate Sep 11 2014 17:11 Mar 12, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H1070.IH H1070 2 •HR 1070 IH SECTION 1. SHORT TITLE. 1 This Act may be cited as the ‘‘Election Audit Trans- 2 parency Act’’. 3 SEC. 2. PROHIBITING USE OF PROPRIETARY VOTING SYS- 4 TEM HARDWARE OR SOFTWARE NOT ENA- 5 BLING AUDITS. 6 (a) PROHIBITION.—Section 301(a) of the Help Amer- 7 ica Vote Act of 2002 (52 U.S.C. 21081(a)) is amended 8 by adding at the end the following new paragraph: 9 ‘‘(7) PROHIBITING USE OF PROPRIETARY HARD- 10 WARE OR SOFTWARE NOT MEETING VOLUNTARY 11 GUIDANCE FOR INTEROPERABILITY AND 12 AUDITABILITY.—The voting system may not use any 13 proprietary hardware or software unless the manu- 14 facturer of the hardware or software provides the 15 appropriate election official with such information 16 and assistance as the official may require to enable 17 the voting system to be interoperable and auditable 18 in accordance with the most recent voluntary voting 19 system guidelines issued by the Commission under 20 this title.’’. 21 (b) EFFECTIVE DATE.—Section 301(d) of such Act 22 (52 U.S.C. 21081(d)) is amended by striking the period 23 at the end and inserting the following: ‘‘, or, in the case 24 VerDate Sep 11 2014 17:11 Mar 12, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1070.IH H1070 3 •HR 1070 IH of the requirements of paragraph (7) of subsection (a), 1 on and after January 1, 2022.’’. 2 Æ VerDate Sep 11 2014 17:11 Mar 12, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6301 E:\BILLS\H1070.IH H1070