| HB 1762 - Internet voting systems; provisions |
First Reader Summary
A BILL to amend Article 9 of Chapter 2 of Title 21 of the
Official Code of Georgia Annotated, relating to voting machines
and vote recorders generally, so as to provide for Internet
voting systems; to provide for a definition; to provide for
requirements and conditions for use of Internet voting systems;
and for other purposes.
HB 1762 LC 18 0414
A BILL TO BE ENTITLED
AN ACT
1- 1 To amend Article 9 of Chapter 2 of Title 21 of the Official
1- 2 Code of Georgia Annotated, relating to voting machines and
1- 3 vote recorders generally, so as to provide for Internet
1- 4 voting systems; to provide for a definition; to provide for
1- 5 requirements and conditions for use of Internet voting
1- 6 systems; to provide for review, examination, and approval of
1- 7 such systems by the Secretary of State; to provide for
1- 8 purchase and payment of such systems; to provide for related
1- 9 matters; to repeal conflicting laws; and for other purposes.
1-10 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
1-11 SECTION 1.
1-12 Article 9 of Chapter 2 of Title 21 of the Official Code of
1-13 Georgia Annotated, relating to voting machines and vote
1-14 recorders generally, is amended by adding a new part at the
1-15 end thereof, to be designated Part 6, to read as follows:
1-16 21-2-379.5.
1-17 As used in this part, the term 'Internet voting' means a
1-18 voting process or system which would enable an elector to
1-19 cast a secure and secret ballot over the Internet by a
1-20 computer at the elector's precinct polling place, any
1-21 polling place in the elector's county, any
1-22 county-controlled computer, or any Internet-connected
1-23 computer at any location.
1-24 21-2-379.6.
1-25 No Internet voting system shall be adopted or used unless
1-26 it shall, at the time, satisfy the following requirements:
1-27 (1) It shall be secure and shall ensure:
1-28 (A) Voter authentication (verification that the person
1-29 voting by Internet is a registered voter in the
1-30 district in which he or she is voting);
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2- 1 (B) Vote integrity (assuring that an electronic ballot
2- 2 is not forged or modified surreptitiously);
2- 3 (C) Vote privacy (assuring that no one can learn how
2- 4 any individual voter voted);
2- 5 (D) Vote reliability (assuring that no Internet ballot
2- 6 is lost);
2- 7 (E) Nonduplication (assuring that no voter can vote
2- 8 twice);
2- 9 (F) Defense against denial of service attacks on vote
2-10 servers and clients; and
2-11 (G) Defense against malicious code attacks on vote
2-12 clients;
2-13 (2) It shall be reliable and shall ensure:
2-14 (A) That the entire system, from end to end, operates
2-15 properly even in the face of most kinds of local
2-16 (single point) failures;
2-17 (B) That its performance tends to degrade smoothly,
2-18 rather than catastrophically, with additional
2-19 failures;
2-20 (C) That voters have solid feedback so that they know
2-21 unambiguously whether their vote was affected by a
2-22 failure of some kind;
2-23 (D) That the probability of a global system-wide
2-24 failure is remote;
2-25 (E) That technical failures that result in votes being
2-26 lost after the voter has received feedback that the
2-27 vote was accepted do not occur; and
2-28 (F) That procedures are in place to protect against
2-29 human failure, either accidental or malicious, that
2-30 might result in incorrect results of the canvass;
2-31 (3) It shall provide facilities for voting for such
2-32 candidates as may be nominated and upon such questions
2-33 as may be submitted;
2-34 (4) It shall permit each elector, in one operation, to
2-35 vote for all the candidates of one party or body for
2-36 presidential electors;
2-37 (5) Except as provided in paragraph (4) of this Code
2-38 section for presidential electors, it shall permit each
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3- 1 elector, at other than primaries, to vote a ticket
3- 2 selected from the nominees of any and all parties or
3- 3 bodies, from independent nominations, and from persons
3- 4 not in nomination;
3- 5 (6) It shall permit each elector to vote, at any
3- 6 election, for any person and for any office for whom and
3- 7 for which he or she is lawfully entitled to vote,
3- 8 whether or not the name of such person or persons
3- 9 appears as a candidate for election; to vote for as many
3-10 persons for an office as he or she is entitled to vote
3-11 for; and to vote for or against any question upon which
3-12 he or she is entitled to vote;
3-13 (7) It shall preclude the counting of votes for any
3-14 candidate or upon any question for whom or upon which an
3-15 elector is not entitled to vote; shall preclude the
3-16 counting of votes for more persons for any office than
3-17 he or she is entitled to vote for; and shall preclude
3-18 the counting of votes for any candidate for the same
3-19 office or upon any question more than once;
3-20 (8) It shall permit voting in absolute secrecy so that
3-21 no person can see or know for whom any other elector has
3-22 voted or is voting, save an elector whom he or she has
3-23 assisted or is assisting in voting, as prescribed by
3-24 law;
3-25 (9) It shall, when properly operated, record correctly
3-26 and accurately every vote cast; and
3-27 (10) It shall be so constructed that an elector may
3-28 readily learn the method of operating it.
3-29 21-2-379.7.
3-30 (a) Any person or organization owning, manufacturing, or
3-31 selling, or being interested in the manufacture or sale
3-32 of, any Internet voting system may request the Secretary
3-33 of State to examine the system. Any ten or more electors
3-34 of this state may, at any time, request the Secretary of
3-35 State to reexamine any such system previously examined and
3-36 approved by him or her. Before any such examination or
3-37 reexamination, the person, persons, or organization
3-38 requesting such examination or reexamination shall pay to
3-39 the Secretary of State the reasonable expenses of such
3-40 examination. The Secretary of State may, at any time, in
3-41 his or her discretion, reexamine any such system.
-3-
4- 1 (b) The Secretary of State shall thereupon examine or
4- 2 reexamine such Internet voting system and shall make and
4- 3 file in his or her office a report, attested by his or her
4- 4 signature and the seal of his or her office, stating
4- 5 whether, in his or her opinion, the kind of system so
4- 6 examined can be safely used by electors at primaries and
4- 7 elections as provided in this chapter. If this report
4- 8 states that the system can be so used, the system shall be
4- 9 deemed approved; and systems of its kind may be adopted
4-10 for use at primaries and elections as provided in this
4-11 chapter.
4-12 (c) No kind of Internet voting system not so approved
4-13 shall be used at any primary or election and if, upon the
4-14 reexamination of any such system previously approved, it
4-15 shall appear that the system so reexamined can no longer
4-16 be safely used by electors at primaries or elections as
4-17 provided in this chapter, the approval of the same shall
4-18 immediately be revoked by the Secretary of State; and no
4-19 such system shall thereafter be purchased for use or be
4-20 used in this state.
4-21 (d) When an Internet voting system has been so approved,
4-22 no improvement or change that does not impair its
4-23 accuracy, efficiency, or capacity shall render necessary a
4-24 reexamination or reapproval of such system, or of its
4-25 kind.
4-26 (e) Neither the Secretary of State, nor any custodian, nor
4-27 the governing authority of any county or municipality or a
4-28 member of such authority nor any other person involved in
4-29 the examination process shall have any pecuniary interest
4-30 in any Internet voting system or in the manufacture or
4-31 sale thereof.
4-32 21-2-379.8.
4-33 The governing authority of any county or municipality
4-34 which adopts Internet voting systems in the manner
4-35 provided for by this part shall, upon the purchase of
4-36 Internet voting systems, provide for their payment by the
4-37 county or municipality. Bonds or other evidence of
4-38 indebtedness may be issued in accordance with the
4-39 provisions of law relating to the increase of indebtedness
4-40 of counties or municipalities to meet all or any part of
4-41 the cost of the Internet voting systems.
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5- 1 21-2-379.9.
5- 2 The governing authority of any county or municipality may
5- 3 at any regular meeting or at a special meeting called for
5- 4 the purpose, by a majority vote, authorize and direct the
5- 5 purchase of Internet voting systems for recording and
5- 6 computing the vote at elections held in the county or
5- 7 municipality; and thereupon the governing authority shall
5- 8 purchase, lease, rent, or otherwise procure Internet
5- 9 voting systems conforming to the requirements of this
5-10 part."
5-11 SECTION 2.
5-12 All laws and parts of laws in conflict with this Act are
5-13 repealed.
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Clerk of the House
Robert E. Rivers, Jr., Clerk
Last Updated on 03/17/00
