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					     BILL AS INTRODUCED                                                             H.634
     2004                                                                           Page 1


 1                                          H.634

 2   Introduced by Representatives Sharpe of Bristol and Crowley of West Rutland

 3   Referred to Committee on

 4   Date:

 5   Subject: Elections; voter registration; checklists

 6   Statement of purpose: This bill proposes to require the creation of a second

 7   statewide computerized voter checklist that will be used only for statewide and

 8   local elections. The bill would authorize applicants registering to vote to select

 9   to vote only in statewide and local elections and, consequently, would not

10   require disclosure of the applicant’s driver’s license number or the last four

11   digits of the applicant’s Social Security number. The bill would require town

12   clerks and election officials to review the statewide voter checklist to

13   determine if a voter is registered to vote in a federal election. If the voter is not

14   registered to vote in a federal election and a ballot contains an election for

15   federal office, the bill would require town clerks and election officials to

16   obscure the space identifying a federal election on that voter’s ballot. The bill

17   also proposes to require computerized or touch screen voting machines used in

18   elections to produce a paper record of each vote cast. It proposes to require

19   that any town using a computerized or touch screen voting machine shall

20   provide a ballot box for the collection of the paper records produced by the

21   voting machines.


                                                                            www.leg.state.vt.us
     BILL AS INTRODUCED                                                            H.634
     2004                                                                          Page 2


 1      AN ACT RELATING TO THE STATEWIDE VOTER CHECKLIST AND
 2      VOTING MACHINES

 3   It is hereby enacted by the General Assembly of the State of Vermont:

 4   Sec. 1. 17 V.S.A. § 2145 is amended to read:

 5   § 2145. APPLICATION FORMS

 6      (a) The voter registration application shall be in the form approved by the

 7   federal election commission or by the secretary of state. The application form

 8   approved by the secretary shall include:

 9                                          ***

10         (6) A place for the applicant to select, by checking the appropriate box,

11   that he or she is registering to vote only in elections for statewide or local

12   government.

13         (7) The following statement: “An applicant selecting to vote only in

14   statewide or local government elections, may not vote in an election for federal

15   office, including the office of President of the United States, U.S. Senate, or

16   U.S. Representative.”

17                                          ***

18      (h) An applicant selecting to vote only in statewide or local government

19   elections under subdivision (a)(6) of this section shall not be required to

20   comply with the information disclosure requirements of subdivision (a)(1)(D)

21   of this section.



                                                                           www.leg.state.vt.us
     BILL AS INTRODUCED                                                               H.634
     2004                                                                             Page 3


 1   Sec. 2. 17 V.S.A. § 2154 is amended to read:

 2      (a) The secretary of state shall establish a uniform and nondiscriminatory,

 3   statewide computerized voter registration checklist of all voters registered to

 4   vote in federal elections in the state. This checklist shall serve as the official

 5   voter registration list for all elections for federal office in the state. The

 6   secretary of state shall also establish a uniform and nondiscriminatory

 7   computerized checklist of all voters registered to vote in statewide and local

 8   elections in the state. This checklist shall include those voters that selected to

 9   vote only in statewide and local elections under subdivision 2145(a)(6) of this

10   title. This checklist shall serve as the official voter registration list for all

11   elections for statewide and local elections in the state. This checklist shall not

12   include the voter information required by subdivision 2145(a)(1)(D) of this

13   title. In establishing the two statewide checklist checklists, the secretary shall:

14         (1) limit the town clerk to adding, modifying, or deleting applicant and

15   voter information on the portion of the checklist checklists for that clerk’s

16   municipality;

17         (2) limit access to the statewide voter checklist checklists for a local

18   elections official to verifying if the applicant is registered in another

19   municipality in the state by a search for the individual voter;




                                                                              www.leg.state.vt.us
     BILL AS INTRODUCED                                                             H.634
     2004                                                                           Page 4


 1         (3) notify a local elections official when a voter registered in that

 2   official’s district registers in another voting district so that the voter may be

 3   removed from that district’s checklist checklists;

 4         (4) provide adequate security to prevent unauthorized access to the

 5   checklist checklists;

 6         (5) ensure the compatibility and comparability of information on the

 7   checklist for elections to federal office with information contained in the

 8   department of motor vehicles’ computer systems.

 9      (b) A registered voter’s month and day of birth, driver’s license number,

10   the last four digits of the applicant’s Social Security number, and street address

11   if different from the applicant’s mailing address shall not be considered a

12   public record as defined in subsection 317(b) of Title 1. Any person wishing

13   to obtain a copy of all of the statewide voter checklist checklists must swear or

14   affirm, under penalty of perjury pursuant to chapter 65 of Title 13, that the

15   person will not use the checklist checklists for commercial purposes. The

16   affirmation shall be filed with the secretary of state.

17      (c) No elections official may access the portion of the statewide voter

18   checklist checklists that is exempt from public inspection pursuant to

19   subdivision 317(c)(31) of Title 1, except for elections purposes.




                                                                            www.leg.state.vt.us
     BILL AS INTRODUCED                                                            H.634
     2004                                                                          Page 5


 1   Sec. 3. 17 V.S.A. § 2493(a)(5) is added to read:

 2          (5) A computerized or touch screen voting machine approved by the

 3   secretary of state shall produce a paper record suitable to allow voter

 4   verification of a vote cast and to allow for conducting a recount in accordance

 5   with section 2602l of this title. All paper records produced by a computerized

 6   or touch screen voting machine shall be collected by election officials in

 7   accordance with section 2570 of this title. All collected paper records shall be

 8   sealed and stored with the ballots and tally sheets as provided in section 2590

 9   of this title.

10   Sec. 4. 17 V.S.A. § 2532(c) is amended to read:

11      (c) If the request is received by the town clerk not later than noon on the

12   second Saturday before the election, the town clerk shall review the statewide

13   voter checklists to determine if the voter requesting the early voter absentee

14   ballot is registered to vote in a federal election under subsection 2145(a) of this

15   title. If the voter requesting the early voter absentee ballot is not registered to

16   vote in a federal election and the early voter absentee ballot includes an

17   election for office of President of the United States, U.S. Senate, or U.S.

18   Representative, the town clerk shall adequately obscure the space provided on

19   the early voter absentee ballot for each federal election. If the voter requesting

20   the early voter absentee ballot is registered to vote in federal elections or the

21   early voter absentee ballot has been adequately obscured, the town clerk shall


                                                                           www.leg.state.vt.us
     BILL AS INTRODUCED                                                            H.634
     2004                                                                          Page 6


 1   mail a blank application for addition to the checklist, together with a full set of

 2   early voter absentee ballots. All such applications for addition to the entrance

 3   checklist which are returned to the town clerk before the close of the polls on

 4   election day shall be considered and acted upon by the board of civil authority

 5   before the ballots are counted. If the application is approved and the name

 6   added to the entrance checklist, the early voter absentee ballots cast by that

 7   voter shall be treated as other valid early voter absentee ballots.

 8   Sec. 5. 17 V.S.A. § 2537 is amended to read:

 9   § 2537. EARLY OR ABSENTEE VOTING IN THE TOWN CLERK'S

10            OFFICE

11      A voter may, if he or she chooses, apply in person to the town clerk for the

12   early voter absentee ballots and envelopes rather than having them mailed as

13   required by section 2539 of this title. In this case, the clerk shall review the

14   statewide voter checklists to determine if the voter requesting the early voter

15   absentee ballot is registered to vote in a federal election under subsection

16   2145(a) of this title. If the voter requesting the early voter absentee ballot is

17   not registered to vote in a federal election and the early voter absentee ballot

18   includes an election for office of President of the United States, U.S. Senate, or

19   U.S. Representative, the clerk shall adequately obscure the space provided on

20   the early voter absentee ballot for each federal election. If the voter’s

21   application for an early voter absentee ballot is valid and the voter requesting


                                                                           www.leg.state.vt.us
     BILL AS INTRODUCED                                                            H.634
     2004                                                                          Page 7


 1   the early voter absentee ballot is registered to vote in federal elections or the

 2   early voter absentee ballot has been adequately obscured, the clerk shall

 3   furnish the early voter absentee ballots and envelopes when a valid application

 4   has been made. The voter may mark his or her ballots, seal them in the

 5   envelope, sign the certificate, and return the ballots in the sealed envelope to

 6   the town clerk or an assistant town clerk, without leaving the office of the town

 7   clerk, or the voter may take the ballots and return them to the town clerk in the

 8   same manner as if the ballots had been received by mail. No person, except

 9   justices of the peace as provided in section 2538 of this title, may take any

10   ballot from the town clerk on behalf of any other person.

11   Sec. 6. 17 V.S.A. § 2538(b) is amended to read:

12      (b) The town clerk shall review the statewide voter checklists to determine

13   if the ill or physically disabled applicants for early voter absentee ballots are

14   registered to vote in a federal election under subsection 2145(a) of this title. If

15   an ill or physically disabled applicant for an early voter absentee ballot is not

16   registered to vote in a federal election and the early voter absentee ballot

17   includes an election for office of President of the United States, U.S. Senate, or

18   U.S. Representative, the town clerk shall adequately obscure the space

19   provided for each federal election on the early voter absentee ballot for that ill

20   or physically disabled applicant. Once the town clerk identifies all ill or

21   physically disabled applicants registered to vote in federal elections or prepares


                                                                           www.leg.state.vt.us
     BILL AS INTRODUCED                                                             H.634
     2004                                                                           Page 8


 1   adequately obscured early voter absentee ballots for all applicants not

 2   registered to vote in federal elections, the town clerk shall divide the list of ill

 3   or physically disabled applicants into approximately as many equal parts as

 4   there are pairs of justices so designated, having regard to the several parts of

 5   the town in which the applicants may be found. During the eight days

 6   immediately preceding election day and on election day, the clerk shall deliver

 7   to each pair of justices one part of the list, together with early or absentee voter

 8   ballots and envelopes for each applicant. When justices receive ballots and

 9   envelopes prior to election day, they shall receive only the ballots and

10   envelopes they are assigned to deliver on that day.

11   Sec. 7. 17 V.S.A. § 2563 is amended to read:

12   § 2563. ADMITTING VOTER

13      Before a person may be admitted to vote, he or she shall announce his or

14   her name and if requested, his or her place of residence in a clean and audible

15   tone of voice, or present his or her name in writing, or otherwise identify

16   himself or herself by appropriate documentation. The election officials

17   attending the entrance of the polling place shall then verify that the person’s

18   name appears on the entrance checklist for the polling place. If the name

19   appears on the entrance checklist for the polling place, the election officials

20   shall review the statewide voter checklists to determine if the person is

21   registered to vote in a federal election under subsection 2145(a) of this title. If


                                                                            www.leg.state.vt.us
     BILL AS INTRODUCED                                                           H.634
     2004                                                                         Page 9


 1   the person is not registered to vote in a federal election and the ballot includes

 2   an election for office of President of the United States, U.S. Senate, or U.S.

 3   Representative, the election officials shall adequately obscure the space

 4   provided on the ballot for each federal election. If the person’s name does

 5   appear on the checklist for the polling place, if the person is registered to vote

 6   in federal elections, or if the ballot for that person has been adequately

 7   obscured, and if no one immediately challenges the person’s right to vote on

 8   the grounds of identity or having previously voted in the same election, the

 9   election officials shall repeat the name of the person and:

10                                          ***

11   Sec. 8. 17 V.S.A. § 2570(d) is added to read:

12      (d) If a town uses a computerized or touch screen voting machine to

13   conduct an election, the town shall provide a ballot box for the deposit of the

14   paper records produced by the machine. After a voter registers a vote upon a

15   computerized or touch screen voting machine, the voter shall, under the

16   supervision of election officials, deposit the paper record produced by the

17   machine into the ballot box provided by the town.




                                                                          www.leg.state.vt.us

				
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