text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Poll Tape Transparency Act of 
  2008''.
  
  SEC. 2. REQUIRING STATES TO MEET STANDARDS FOR PUBLICATION OF POLL 
                TAPES.
  
      (a) In General.--Section 301(a) of the Help America Vote Act of 
  2002 (42 U.S.C. 15481(a)) is amended by adding at the end the following 
  new paragraph:
              ``(7) Requirements for publication of poll tapes.--
                      ``(A) Requirements.--Each State shall meet the 
                  following requirements:
                              ``(i) Upon the closing of the polls at each 
                          polling place, the appropriate election 
                          official, under the observation of the 
                          certified tabulation observers admitted to the 
                          polling place under subparagraph (E) (if any), 
                          shall announce the vote orally, post a copy of 
                          the poll tape reflecting the totals from each 
                          voting machine upon which votes were cast in 
                          the election at the polling place, and prepare 
                          and post a statement of the total number of 
                          individuals who appeared at the polling place 
                          to cast ballots, determined by reference to the 
                          number of signatures in a sign-in book or other 
                          similar independent count. Such officials shall 
                          ensure that each of the certified tabulation 
                          observers admitted to the polling place has 
                          full access to observe the process by which the 
                          poll tapes and statement are produced and a 
                          reasonable period of time to review the poll 
                          tapes and statement before the polling place is 
                          closed, and (if feasible) shall provide such 
                          observers with identical duplicate copies of 
                          the poll tapes and statement.
                              ``(ii) As soon as practicable, but in no 
                          event later than noon of the day following the 
                          date of the election, the appropriate election 
                          official shall display (at a prominent location 
                          accessible to the public during regular 
                          business hours and in or within reasonable 
                          proximity to the polling place) a copy of each 
                          poll tape and statement prepared under clause 
                          (i), and the information shall be displayed on 
                          the official public websites of the applicable 
                          local election official and chief State 
                          election official, together with the name of 
                          the designated voting official who entered the 
                          information and the date and time the 
                          information was entered.
                              ``(iii) Each website on which information 
                          is posted under clause (ii) shall include 
                          information on the procedures by which 
                          discrepancies shall be reported to election 
                          officials. If any discrepancy exists between 
                          the posted information and the relevant poll 
                          tape or statement, the appropriate election 
                          official shall display information on the 
                          discrepancy on the website on which the 
                          information is posted under clause (ii) not 
                          later than 24 hours after the official is made 
                          aware of the discrepancy, and shall maintain 
                          the information on the discrepancy and its 
                          resolution (if applicable) on such website 
                          during the entire period for which results of 
                          the election are typically maintained on such 
                          website.
                              ``(iv) The appropriate election official 
                          shall preserve archived copies of the poll 
                          tapes and statements prepared under clause (i) 
                          and reports of discrepancies filed by certified 
                          tabulation observers for the period of time 
                          during which records and papers are required to 
                          be retained and preserved pursuant to title III 
                          of the Civil Rights Act of 1960 (42 U.S.C. 1974 
                          et seq.) or for the same duration for which 
                          archived copies of other records of the 
                          election are required to be preserved under 
                          applicable State law, whichever is longer.
                      ``(B) Treatment of ballots cast at early voting 
                  sites.--
                              ``(i) Application.--The requirements of 
                          this subparagraph shall apply with respect to 
                          poll tapes and statements of the number of 
                          voters who voted in person at designated sites 
                          prior to the date of the election.
                              ``(ii) Daily count of voters.--At the close 
                          of business on each day on which ballots 
                          described in clause (i) may be cast prior to 
                          the date of the election, the appropriate 
                          election official at each such site shall--
                                      ``(I) under the observation of 
                                  certified tabulation observers admitted 
                                  to the site under subparagraph (E) (if 
                                  any), prepare and post a statement of 
                                  the total number of individuals who 
                                  appeared at the site to cast ballots, 
                                  determined by reference to the number 
                                  of signatures in a sign-in book or 
                                  other similar independent count, and 
                                  the total number of ballots cast 
                                  (excluding information on the votes 
                                  received by individual candidates), and 
                                  shall ensure that each of the certified 
                                  tabulation observers admitted to the 
                                  site has full access to observe the 
                                  process by which the statement is 
                                  produced and a reasonable period of 
                                  time to review the statement before the 
                                  site is closed; and
                                      ``(II) display at the site during 
                                  regular business hours for the duration 
                                  of the early voting period a paper copy 
                                  of the statement prepared under 
                                  subclause (I).
                              ``(iii) Application of general requirements 
                          for poll tapes and statements.--Upon the 
                          closing of the polls on the date of the 
                          election, the appropriate election official at 
                          each designated site described in this 
                          subparagraph shall meet the requirements of 
                          subparagraph (A) (including requirements 
                          relating to the role of certified tabulation 
                          observers) in the same manner as an election 
                          official at a polling place.
                      ``(C) Treatment of absentee ballots.--
                              ``(i) Daily count of ballots mailed and 
                          received.--At the close of each business day on 
                          which a State mails or accepts absentee ballots 
                          cast in an election for Federal office prior to 
                          the date of the election, the appropriate 
                          election official shall--
                                      ``(I) under the observation of 
                                  certified tabulation observers admitted 
                                  under subparagraph (E) to the site at 
                                  which the ballots are mailed and 
                                  received (if any), prepare and post a 
                                  statement of the total number of 
                                  absentee ballots mailed and received by 
                                  the official during that day and a 
                                  separate count of the number of 
                                  absentee ballots received but rejected 
                                  (separated into categories of the 
                                  reasons for rejection), and ensure that 
                                  each of the certified tabulation 
                                  observers admitted to the site has full 
                                  access to observe the process by which 
                                  the statement is produced and a 
                                  reasonable period of time to review the 
                                  statement before the site is closed; 
                                  and
                                      ``(II) display at the site during 
                                  regular business hours for the duration 
                                  of the period during which absentee 
                                  ballots are processed a paper copy of 
                                  the statement prepared under subclause 
                                  (I).
                              ``(ii) Application of general requirements 
                          for poll tapes and statements.--At the close of 
                          business on the last day on which absentee 
                          ballots are counted prior to the certification 
                          of the election, the appropriate election 
                          official at the site at which absentee ballots 
                          are received and counted shall meet the 
                          requirements of subparagraph (A) (including 
                          requirements relating to the role of certified 
                          tabulation observers) in the same manner as an 
                          election official at a polling place.
                      ``(D) Daily count of provisional ballots.--At the 
                  close of business on the day on which the appropriate 
                  election official determines whether or not provisional 
                  ballots cast in an election for Federal office will be 
                  counted as votes in the election (as described in 
                  section 302(a)(4)), the official shall--
                              ``(i) under the observation of certified 
                          tabulation observers admitted under 
                          subparagraph (E) to the site at which the 
                          determination is made (if any), prepare and 
                          post a statement of the number of such ballots 
                          for which a determination was made, the number 
                          of ballots counted, and the number of ballots 
                          rejected (separated into categories of the 
                          reason for the rejection), and ensure that each 
                          of the certified tabulation observers admitted 
                          to the site has full access to observe the 
                          process by which the statement is produced and 
                          a reasonable period of time to review the 
                          statement before the site is closed; and
                              ``(ii) display at the site during regular 
                          business hours for the duration of the period 
                          during which provisional ballots are processed 
                          a paper copy of the statement prepared under 
                          clause (i).
                      ``(E) Admission of certified tabulation 
                  observers.--
                              ``(i) Certified tabulation observer 
                          defined.--In this paragraph, a `certified 
                          tabulation observer' is an individual who is 
                          certified by an appropriate election official 
                          as authorized to carry out the responsibilities 
                          of a certified tabulation observer under this 
                          paragraph.
                              ``(ii) Selection.--In determining which 
                          individuals to certify as tabulation observers 
                          and admit to a polling place or other location 
                          to serve as certified tabulation observers with 
                          respect to an election for Federal office, the 
                          election official shall give preference to 
                          individuals who are affiliated with a candidate 
                          in the election, except that--
                                      ``(I) the number of individuals 
                                  admitted who are affiliated with the 
                                  same candidate for Federal office may 
                                  not exceed one; and
                                      ``(II) the maximum number of 
                                  individuals who may be admitted shall 
                                  equal the number of candidates in the 
                                  election plus 3, or such greater number 
                                  as may be authorized under State law.
                              ``(iii) No effect on admission of other 
                          observers.--Nothing in this subparagraph may be 
                          construed to limit or otherwise affect the 
                          authority of other individuals to enter and 
                          observe polling place operations under any 
                          other law, including international observers 
                          authorized under any treaty or observers of the 
                          Federal Government authorized under the Voting 
                          Rights Act of 1965.
                      ``(F) No effect on other tabulation requirements.--
                  Nothing in this Act may be construed to supersede any 
                  requirement that an election official at a polling 
                  place report vote totals to a central tabulation 
                  facility and address discrepancies the official finds 
                  in the aggregation of those totals with other vote 
                  totals.''.
      (b) Effective Date.--Section 301(d) of such Act (42 U.S.C. 
  15481(d)) is amended by striking ``January 1, 2006'' and inserting 
  ``January 1, 2006 (or, in the case of the requirements of subsection 
  (a)(7), shall meet such requirements with respect to the first election 
  for Federal office held after the date of the enactment of the Poll 
  Tape Transparency Act of 2008 and each subsequent election for Federal 
  office)''.
target: Poll Tape Transparency Act of 2008 - Amends the Help America Vote Act with respect to the requirements for each voting system used in a federal election.
  
  Requires the appropriate election official, upon the closing of the polls at each polling place, and under the observation of the certified tabulation observers admitted to the polling place, to: (1) announce the vote orally; (2) post a copy of the poll tape reflecting the totals from each voting machine in the polling place upon which votes were cast; (3) prepare and post a statement of the total number of individuals who appeared at the polling place to cast ballots; and (4) display by noon the following day, at a prominent public location, a copy of each poll tape and statement.
  
  Requires display of such information also on the official public websites of the applicable local election official and chief state election official.
  
  Specifies similar treatment of ballots cast at early voting sites, absentee ballots, and the daily count of provisional ballots.
feat_title: To amend the Help America Vote Act of 2002 to establish standards for the publication of the poll tapes used in elections for Federal office, and for other purposes.