[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 811 Introduced in House (IH)]
110th CONGRESS
1st Session
H. R. 811
To amend the Help America Vote Act of 2002 to require a voter-verified
permanent paper ballot under title III of such Act, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 5, 2007
Mr. Holt (for himself, Mr. Tom Davis of Virginia, Mr. Wexler, Mr.
Emanuel, Mr. Petri, Mr. Wolf, Mr. Lewis of Georgia, Mr. Langevin, Mr.
Cooper, Mrs. Jones of Ohio, Mr. Clay, Mr. Shays, Ms. Kaptur, Mr.
English of Pennsylvania, Mr. Hastings of Florida, Mr. Ramstad, Mr. Meek
of Florida, Mr. Issa, Mr. Cummings, Mrs. Biggert, Ms. Lee, Mr. Castle,
Ms. Kilpatrick of Michigan, Mr. Kuhl of New York, Ms. Corrine Brown of
Florida, Mr. Mack, Mr. Scott of Virginia, Mr. Abercrombie, Mr.
Ackerman, Mr. Allen, Mr. Becerra, Ms. Berkley, Mr. Berman, Mr. Berry,
Mr. Bishop of Georgia, Mr. Blumenauer, Mr. Boren, Mr. Boswell, Mr.
Boucher, Mr. Boyd of Florida, Mr. Brady of Pennsylvania, Mr. Braley of
Iowa, Mr. Butterfield, Mrs. Capps, Mr. Carnahan, Mr. Chandler, Mr.
Cohen, Mr. Costa, Mr. Costello, Mr. Courtney, Mr. Crowley, Mr. Davis of
Illinois, Mr. Lincoln Davis of Tennessee, Mrs. Davis of California, Mr.
DeFazio, Ms. DeGette, Mr. Delahunt, Ms. DeLauro, Mr. Dicks, Mr.
Dingell, Mr. Doggett, Mr. Doyle, Mr. Edwards, Mr. Ellison, Mr. Engel,
Ms. Eshoo, Mr. Etheridge, Mr. Fattah, Mr. Filner, Mr. Fortuno, Mr.
Frank of Massachusetts, Mrs. Gillibrand, Mr. Gonzalez, Mr. Gordon of
Tennessee, Mr. Gene Green of Texas, Mr. Grijalva, Mr. Gutierrez, Mr.
Hall of New York, Ms. Harman, Ms. Herseth, Mr. Higgins, Mr. Hinchey,
Ms. Hirono, Mr. Hodes, Mr. Holden, Mr. Honda, Ms. Hooley, Mr. Inslee,
Ms. Jackson-Lee of Texas, Mr. Jefferson, Ms. Eddie Bernice Johnson of
Texas, Mr. Johnson of Georgia, Mr. Kagen, Mr. Kennedy, Mr. Kildee, Mr.
Kind, Mr. Klein of Florida, Mr. Kucinich, Mr. Lantos, Mr. Larsen of
Washington, Mr. Loebsack, Mrs. Lowey, Mrs. McCarthy of New York, Ms.
McCollum of Minnesota, Mr. McIntyre, Mr. McNulty, Mrs. Maloney of New
York, Mr. Marshall, Mr. Matheson, Ms. Matsui, Mr. Melancon, Mr.
Michaud, Mr. Miller of North Carolina, Mr. George Miller of California,
Mr. Mitchell, Mr. Mollohan, Mr. Moore of Kansas, Mr. Moran of Virginia,
Mr. Patrick J. Murphy of Pennsylvania, Mr. Nadler, Mrs. Napolitano, Ms.
Norton, Mr. Oberstar, Mr. Obey, Mr. Olver, Mr. Ortiz, Mr. Pallone, Mr.
Pastor, Mr. Payne, Mr. Peterson of Minnesota, Mr. Price of North
Carolina, Mr. Reyes, Mr. Rothman, Ms. Roybal-Allard, Mr. Ruppersberger,
Mr. Salazar, Ms. Linda T. Sanchez of California, Ms. Loretta Sanchez of
California, Ms. Schakowsky, Mr. Schiff, Ms. Schwartz, Mr. Scott of
Georgia, Mr. Serrano, Mr. Sherman, Mr. Shuler, Ms. Slaughter, Mr. Smith
of Washington, Ms. Solis, Mr. Spratt, Mr. Stark, Mr. Stupak, Ms.
Sutton, Mr. Tanner, Mrs. Tauscher, Mr. Taylor, Mr. Tierney, Mr. Towns,
Mr. Udall of Colorado, Mr. Van Hollen, Mr. Walz of Minnesota, Ms.
Wasserman Schultz, Ms. Waters, Ms. Watson, Mr. Waxman, Mr. Weiner, Ms.
Woolsey, Mr. Wu, Mr. Wynn, and Mr. Altmire) 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 require a voter-verified
permanent paper ballot under title III of such Act, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Voter Confidence and Increased
Accessibility Act of 2007''.
SEC. 2. PROMOTING ACCURACY, INTEGRITY, AND SECURITY THROUGH VOTER-
VERIFIED PERMANENT PAPER BALLOT.
(a) Ballot Verification and Audit Capacity.--
(1) In general.--Section 301(a)(2) of the Help America Vote
Act of 2002 (42 U.S.C. 15481(a)(2)) is amended to read as
follows:
``(2) Ballot verification and audit capacity.--
``(A) In general.--
``(i) The voting system shall require the
use of or produce an individual voter-verified
paper ballot of the voter's vote that shall be
created by or made available for inspection and
verification by the voter before the voter's
vote is cast and counted. For purposes of this
clause, examples of such a ballot include a
paper ballot marked by the voter for the
purpose of being counted by hand or read by an
optical scanner or other similar device, a
paper ballot prepared by the voter to be mailed
to an election official (whether from a
domestic or overseas location), a paper ballot
created through the use of a ballot marking
device or system, or a paper ballot produced by
a touch screen or other electronic voting
machine, so long as in each case the voter is
permitted to verify the ballot in a paper form
in accordance with this subparagraph.
``(ii) The voting system shall provide the
voter with an opportunity to correct any error
made by the system in the voter-verified paper
ballot before the permanent voter-verified
paper ballot is preserved in accordance with
subparagraph (B)(i).
``(iii) The voting system shall not
preserve the voter-verifiable paper ballots in
any manner that makes it possible, at any time
after the ballot has been cast, to associate a
voter with the record of the voter's vote.
``(B) Manual audit capacity.--
``(i) The permanent voter-verified paper
ballot produced in accordance with subparagraph
(A) shall be preserved--
``(I) in the case of votes cast at
the polling place on the date of the
election, within the polling place in
the manner or method in which all other
paper ballots are preserved within such
polling place;
``(II) in the case of votes cast at
the polling place prior to the date of
the election or cast by mail, in a
manner which is consistent with the
manner employed by the jurisdiction for
preserving such ballots in general; or
``(III) in the absence of either
such manner or method, in a manner
which is consistent with the manner
employed by the jurisdiction for
preserving paper ballots in general.
``(ii) Each paper ballot produced pursuant
to subparagraph (A) shall be suitable for a
manual audit equivalent to that of a paper
ballot voting system.
``(iii) In the event of any inconsistencies
or irregularities between any electronic vote
tallies and the vote tallies determined by
counting by hand the individual permanent paper
ballots produced pursuant to subparagraph (A),
and subject to subparagraph (D), the individual
permanent paper ballots shall be the true and
correct record of the votes cast and shall be
used as the official ballots for purposes of
any recount or audit conducted with respect to
any election for Federal office in which the
voting system is used.
``(C) Special rule for votes cast by absent
military and overseas voters.--In the case of votes
cast by absent uniformed services voters and overseas
voters under the Uniformed and Overseas Citizens
Absentee Voting Act, the ballots cast by such voters
shall serve as the permanent paper ballot under
subparagraph (A) in accordance with protocols
established by the Commission, in consultation with the
Secretary of Defense after notice and opportunity for
public comment, which preserve the privacy of the voter
and are consistent with the requirements of such Act
and this Act, except that to the extent that such
protocols permit the use of electronic mail in the
delivery or submission of such ballots, paragraph (11)
shall not apply with respect to the delivery or
submission of the ballots.
``(D) Special rule for treatment of disputes when
paper ballots have been shown to be compromised.--In
the event of any inconsistency between any electronic
vote tallies and the vote tallies determined by
counting by hand the individual permanent paper ballots
produced pursuant to subparagraph (A), any person
seeking to show that the electronic vote tally should
be given preference in determining the official count
for the election shall be required to demonstrate, by
clear and convincing evidence, that the paper ballots
have been compromised (by damage or mischief or
otherwise) and that a sufficient number of the ballots
have been so compromised that the result of the
election would be changed. For purposes of the previous
sentence, the paper ballots associated with each voting
machine shall be considered on a voting-machine-by-
voting-machine basis, and only the sets of paper
ballots deemed compromised, if any, shall be considered
in the calculation of whether or not the election would
be changed due to the compromised paper ballots.''.
(2) Conforming amendment clarifying applicability of
alternative language accessibility.--Section 301(a)(4) of such
Act (42 U.S.C. 15481(a)(4)) is amended by inserting
``(including the paper ballots required to be produced under
paragraph (2) and the notice required under paragraph (8))''
after ``voting system''.
(3) Other conforming amendments.--Section 301(a)(1) of such
Act (42 U.S.C. 15481(a)(1)) is amended--
(A) in subparagraph (A)(i), by striking ``counted''
and inserting ``counted, in accordance with paragraphs
(2) and (3)'';
(B) in subparagraph (A)(ii), by striking
``counted'' and inserting ``counted, in accordance with
paragraphs (2) and (3)'';
(C) in subparagraph (A)(iii), as amended by
paragraph (2), by striking ``counted'' each place it
appears and inserting ``counted, in accordance with
paragraphs (2) and (3)''; and
(D) in subparagraph (B)(ii), by striking
``counted'' and inserting ``counted, in accordance with
paragraphs (2) and (3)''.
(b) Accessibility and Ballot Verification for Individuals With
Disabilities.--
(1) In general.--Section 301(a)(3)(B) of such Act (42
U.S.C. 15481(a)(3)(B)) is amended to read as follows:
``(B)(i) satisfy the requirement of subparagraph
(A) through the use of at least one voting system
equipped for individuals with disabilities at each
polling place; and
``(ii) meet the requirements of subparagraph (A)
and paragraph (2)(A) by using a system that--
``(I) allows the voter to privately and
independently verify the content of the
permanent paper ballot through the conversion
of the printed content into accessible media,
and
``(II) ensures that the entire process of
ballot verification and vote casting is
equipped for individuals with disabilities.''.
(2) Specific requirement of study, testing, and development
of accessible ballot verification mechanisms.--
(A) Study and reporting.--Subtitle C of title II of
such Act (42 U.S.C. 15381 et seq.) is amended--
(i) by redesignating section 247 as section
248; and
(ii) by inserting after section 246 the
following new section:
``SEC. 247. STUDY AND REPORT ON ACCESSIBLE BALLOT VERIFICATION
MECHANISMS.
``(a) Study and Report.--The Director of the National Institute of
Standards and Technology shall study, test, and develop best practices
to enhance the accessibility of ballot verification mechanisms for
individuals with disabilities, for voters whose primary language is not
English, and for voters with difficulties in literacy, including best
practices for the mechanisms themselves and the processes through which
the mechanisms are used. In carrying out this section, the Director
shall specifically investigate existing and potential methods or
devices that will assist such individuals and voters in creating voter-
verified paper ballots and in reading or transmitting the information
printed or marked on such ballots back to such individuals and voters.
``(b) Deadline.--The Director shall complete the requirements of
subsection (a) not later than January 1, 2010.
``(c) Authorization of Appropriations.--There are authorized to be
appropriated to carry out subsection (a) $1,000,000, to remain
available until expended.''.
(B) Clerical amendment.--The table of contents of
such Act is amended--
(i) by redesignating the item relating to
section 247 as relating to section 248; and
(ii) by inserting after the item relating
to section 246 the following new item:
``Sec. 247. Study and report on accessible voter verification
mechanisms.''.
(3) Clarification of accessibility standards under
voluntary voting system guidance.--In adopting any voluntary
guidance under subtitle B of title III of the Help America Vote
Act with respect to the accessibility of the ballot
verification requirements for individuals with disabilities,
the Election Assistance Commission shall include and apply the
same accessibility standards applicable under the voluntary
guidance adopted for accessible voting systems under such
subtitle.
(c) Additional Voting System Requirements.--
(1) Requirements described.--Section 301(a) of such Act (42
U.S.C. 15481(a)) is amended by adding at the end the following
new paragraphs:
``(7) Instruction of election officials.--Each State shall
ensure that all election officials are instructed on the right
of any individual who requires assistance to vote by reason of
blindness, other disability, or inability to read or write to
be given assistance by a person chosen by that individual under
section 208 of the Voting Rights Act of 1965.
``(8) Instruction reminding voters of importance of
verifying paper ballot.--
``(A) In general.--The appropriate election
official at each polling place shall cause to be placed
in a prominent location in the polling place a notice
containing the following statement, in boldface type,
large font, and using only upper-case letters: `THE
PAPER BALLOT REPRESENTING YOUR VOTE SHALL SERVE AS THE
VOTE OF RECORD IN ALL RECOUNTS AND AUDITS. DO NOT LEAVE
THE VOTING BOOTH UNTIL YOU HAVE CONFIRMED THAT IT
ACCURATELY RECORDS YOUR VOTE'.
``(B) Systems for individuals with disabilities.--
All voting systems equipped for individuals with
disabilities shall transmit by accessible media the
statement referred to in subparagraph (A), as well as
an explanation of the verification process described in
paragraph (3)(B)(ii).
``(9) Prohibition of use of undisclosed software in voting
systems.--No voting system used in an election for Federal
office shall at any time contain or use any software not
certified by the State for use in the election or any software
undisclosed to the State in the certification process. The
appropriate election official shall disclose, in electronic
form, the source code, object code, and executable
representation of the voting system software and firmware to
the Commission, including ballot programming files, and the
Commission shall make that source code, object code, executable
representation, and ballot programming files available for
inspection promptly upon request to any person.
``(10) Prohibition of use of wireless communications
devices in voting systems.--No voting system shall contain,
use, or be accessible by any wireless, power-line, remote, wide
area, or concealed communication device at all.
``(11) Prohibiting connection of system or transmission of
system information over the internet.--No component of any
voting device upon which votes are cast shall be connected to
the Internet at any time.
``(12) Security standards for voting systems used in
federal elections.--
``(A) In general.--No voting system may be used in
an election for Federal office unless the manufacturer
of such system and the election officials using such
system meet the applicable requirements described in
subparagraph (B).
``(B) Requirements described.--The requirements
described in this subparagraph are as follows:
``(i) The manufacturer and the election
officials shall document the secure chain of
custody for the handling of all software,
hardware, vote storage media, and ballots used
in connection with voting systems, and shall
make the information available upon request to
the Commission.
``(ii) The manufacturer of the software
used in the operation of the system shall
provide the appropriate election official with
updated information regarding the
identification of each individual who
participated in the writing of the software,
including specific information regarding
whether the individual has ever been convicted
of a crime involving election, accounting, or
computer security fraud.
``(iii) The manufacturer shall provide the
appropriate election official with the
information necessary for the official to
provide information to the Commission under
paragraph (9).
``(iv) After the appropriate election
official has certified the source code, object
code, and executable representation of the
voting system software for use in an election,
the manufacturer may not--
``(I) alter such codes and
representation; or
``(II) insert or use in the voting
system any software not certified by
the State for use in the election.
``(v) The appropriate election official
shall ensure that all voting machines and
related supplies to be used in the election
shall remain secured within storage facilities
arranged for by the election official, and
shall not be removed from such facilities until
such time as they are to be delivered to the
relevant polling place and secured at the
polling place until used in the election.
``(vi) The manufacturer shall meet
standards established by the Commission to
prevent the existence or appearance of any
conflict of interest with respect to candidates
for public office and political parties,
including standards to ensure that the
manufacturer's officers and directors do not
hold positions of authority in any political
party or in any partisan political campaign,
and shall certify to the Commission not later
than January 31 of each even-numbered year that
it meets the standards established under this
clause.
``(vii) At the request of the Commission,
the appropriate election official shall submit
information to the Commission regarding the
State's compliance with this subparagraph.
``(13) Durability and readability requirements for
ballots.--
``(A) Durability requirements for paper ballots.--
All voter-verified paper ballots required to be used
under this Act (including the emergency paper ballots
used under paragraph (14)) shall be marked, printed, or
recorded on durable paper of archival quality capable
of withstanding multiple counts and recounts without
compromising the fundamental integrity of the ballots,
and capable of retaining the information marked,
printed, or recorded on them for the full duration of
the retention and preservation period called for by
title III of the Civil Rights Act of 1960 (42 U.S.C.
1974 et seq.) or under applicable State law, whichever
is longer.
``(B) Readability requirements for machine-marked
or printed paper ballots.--All voter-verified paper
ballots marked or printed through the use of a marking
or printing device shall be clearly readable by the
naked eye and by a scanner or other device equipped for
voters with disabilities.
``(14) Prohibiting turning individuals away from polling
places because of problems with or shortages of equipment,
ballots, or supplies.--
``(A) Ensuring adequate equipment and supplies.--
Each State shall ensure that the voting systems it uses
to conduct elections for Federal office are designed in
a manner that ensures that no voter will be unable to
cast a ballot at a polling place due to a shortage or
failure of voting equipment, ballots, or necessary
supplies.
``(B) Use of emergency paper ballots in case of
system or equipment failure.--In the event of the
failure of voting equipment or other circumstance at a
polling place that causes a delay, any individual who
is waiting at the polling place to cast a ballot in an
election for Federal office and who would be delayed
due to such failure or other circumstance shall be
advised immediately of the individual's right to use an
emergency paper ballot, and upon request shall be
provided with an emergency paper ballot for the
election and the supplies necessary to mark the ballot.
Any emergency paper ballot which is cast by an
individual under this subparagraph shall be counted and
otherwise treated as a regular ballot and not as a
provisional ballot, unless the individual casting the
ballot would have otherwise been required to cast a
provisional ballot if the voting equipment at the
polling place had not failed.''.
(2) Requiring laboratories to meet standards prohibiting
conflicts of interest as condition of accreditation for testing
of voting system hardware and software.--
(A) In general.--Section 231(b) of such Act (42
U.S.C. 15371(b)) is amended by adding at the end the
following new paragraphs:
``(3) Prohibiting conflicts of interest; ensuring
availability of results.--
``(A) In general.--A laboratory may not be
accredited by the Commission for purposes of this
section unless--
``(i) the laboratory certifies that the
only compensation it receives for the testing
carried out in connection with the
certification, decertification, and
recertification of the manufacturer's voting
system hardware and software is the payment
made from the Testing Escrow Account under
paragraph (4);
``(ii) the laboratory meets the standards
applicable to the manufacturers of voting
systems under section 301(a)(11)(B)(vi),
together with such standards as the Commission
shall establish (after notice and opportunity
for public comment) to prevent the existence or
appearance of any conflict of interest in the
testing carried out by the laboratory under
this section, including standards to ensure
that the laboratory does not have a financial
interest in the manufacture, sale, and
distribution of voting system hardware and
software, and is sufficiently independent from
other persons with such an interest;
``(iii) the laboratory certifies that it
will permit an expert designated by the
Commission to observe any testing the
laboratory carries out under this section; and
``(iv) the laboratory, upon completion of
any testing carried out under this section,
discloses the test protocols, results, and all
communication between the laboratory and the
manufacturer to the Commission.
``(B) Availability of results.--Upon receipt of
information under subparagraph (A), the Commission
shall make the information available promptly to
election officials and the public.
``(4) Procedures for conducting testing; payment of user
fees for compensation of accredited laboratories.--
``(A) Establishment of escrow account.--The
Commission shall establish an escrow account (to be
known as the `Testing Escrow Account') for making
payments to accredited laboratories for the costs of
the testing carried out in connection with the
certification, decertification, and recertification of
voting system hardware and software.
``(B) Schedule of fees.--In consultation with the
accredited laboratories, the Commission shall establish
and regularly update a schedule of fees for the testing
carried out in connection with the certification,
decertification, and recertification of voting system
hardware and software, based on the reasonable costs
expected to be incurred by the accredited laboratories
in carrying out the testing for various types of
hardware and software.
``(C) Requests and payments by manufacturers.--A
manufacturer of voting system hardware and software may
not have the hardware or software tested by an
accredited laboratory under this section unless--
``(i) the manufacturer submits a detailed
request for the testing to the Commission; and
``(ii) the manufacturer pays to the
Commission, for deposit into the Testing Escrow
Account established under subparagraph (A), the
applicable fee under the schedule established
and in effect under subparagraph (B).
``(D) Selection of laboratory.--Upon receiving a
request for testing and the payment from a manufacturer
required under subparagraph (C), the Commission shall
select at random, from all laboratories which are
accredited under this section to carry out the specific
testing requested by the manufacturer, an accredited
laboratory to carry out the testing.
``(E) Payments to laboratories.--Upon receiving a
certification from a laboratory selected to carry out
testing pursuant to subparagraph (D) that the testing
is completed, along with a copy of the results of the
test as required under paragraph (3)(A)(iii), the
Commission shall make a payment to the laboratory from
the Testing Escrow Account established under
subparagraph (A) in an amount equal to the applicable
fee paid by the manufacturer under subparagraph
(C)(ii).
``(5) Dissemination of additional information on accredited
laboratories.--
``(A) Information on testing.--Upon completion of
the testing of a voting system under this section, the
Commission shall promptly disseminate to the public the
identification of the laboratory which carried out the
testing.
``(B) Laboratories with accreditation revoked or
suspended.--If the Commission revokes, terminates, or
suspends the accreditation of a laboratory under this
section, the Commission shall promptly notify Congress,
the chief State election official of each State, and
the public.''.
(B) Conforming amendments.--Section 231 of such Act
(42 U.S.C. 15371) is further amended--
(i) in subsection (a)(1), by striking
``testing, certification,'' and all that
follows and inserting the following: ``testing
of voting system hardware and software by
accredited laboratories in connection with the
certification, decertification, and
recertification of the hardware and software
for purposes of this Act.'';
(ii) in subsection (a)(2), by striking
``testing, certification,'' and all that
follows and inserting the following: ``testing
of its voting system hardware and software by
the laboratories accredited by the Commission
under this section in connection with
certifying, decertifying, and recertifying the
hardware and software.'';
(iii) in subsection (b)(1), by striking
``testing, certification, decertification, and
recertification'' and inserting ``testing'';
and
(iv) in subsection (d), by striking
``testing, certification, decertification, and
recertification'' each place it appears and
inserting ``testing''.
(C) Deadline for establishment of standards and
escrow account.--The Election Assistance Commission
shall establish the standards described in section
231(b)(3) of the Help America Vote Act of 2002 and the
Testing Escrow Account described in section 231(b)(4)
of such Act (as added by subparagraph (A)) not later
than January 1, 2008.
(3) Special certification of ballot durability and
readability requirements for states not currently using paper
ballots.--If any of the voting systems used in a State for the
regularly scheduled 2006 general elections for Federal office
did not operate by having voters cast votes on paper ballots
(such as through the use of an optical scan voting system), the
State shall certify to the Election Assistance Commission not
later than 90 days after the date of the enactment of this Act
that the State will be in compliance with the requirements of
section 301(a)(13) of the Help America Vote of 2002, as added
by paragraph (1), in accordance with the deadline established
under this Act, and shall include in the certification the
methods by which the State will meet the requirements.
(d) Availability of Additional Funding to Enable States to Meet
Costs of Revised Requirements.--
(1) Extension of requirements payments for meeting revised
requirements.--Section 257(a) of the Help America Vote Act of
2002 (42 U.S.C. 15407(a) is amended by adding at the end the
following new paragraph:
``(4) For fiscal year 2007, $300,000,000, except that any
funds provided under the authorization made by this paragraph
shall be used by a State only to meet the requirements of title
III which are first imposed on the State pursuant to the
amendments made by section 2 of the Voter Confidence and
Increased Accessibility Act of 2007, or to otherwise modify or
replace its voting systems in response to such amendments.''.
(2) Use of revised formula for allocation of funds.--
Section 252(b) of such Act (42 U.S.C. 15402(b)) is amended to
read as follows:
``(b) State Allocation Percentage Defined.--
``(1) In general.--Except as provided in paragraph (2), the
`State allocation percentage' for a State is the amount
(expressed as a percentage) equal to the quotient of--
``(A) the voting age population of the State (as
reported in the most recent decennial census); and
``(B) the total voting age population of all States
(as reported in the most recent decennial census).
``(2) Special rule for payments for fiscal year 2007.--
``(A) In general.--In the case of the requirements
payment made to a State for fiscal year 2007, the
`State allocation percentage' for a State is the amount
(expressed as a percentage) equal to the quotient of--
``(i) the number of remedial precincts in
the State; and
``(ii) the total number of remedial
precincts in all States.
``(B) Remedial precinct defined.--In this
paragraph, a `remedial precinct' means any precinct (or
equivalent location) within the State for which the
voting system used to administer the regularly
scheduled general election for Federal office held in
November 2006--
``(i) did not use paper as the medium for
vote casting, or if the system used paper, did
not use durable paper of archival quality; or
``(ii) did not provide that the entire
process of ballot verification was equipped for
individuals with disabilities.''.
(3) Increase in state minimum share of payment.--Section
252(c) of such Act (42 U.S.C. 15402(c)) is amended--
(A) in paragraph (1), by inserting after ``one-half
of 1 percent'' the following: ``(or, in the case of the
payment made for fiscal year 2007, 1 percent)''; and
(B) in paragraph (2), by inserting after ``one-
tenth of 1 percent'' the following: ``(or, in the case
of the payment made for fiscal year 2007, one-half of 1
percent)''.
(4) Revised conditions for receipt of funds.--Section 253
of such Act (42 U.S.C. 15403) is amended--
(A) in subsection (a), by striking ``A State is
eligible'' and inserting ``Except as provided in
subsection (f), a State is eligible''; and
(B) by adding at the end the following new
subsection:
``(f) Special Rule for Fiscal Year 2007.--Notwithstanding any other
provision of this part, a State is eligible to receive a requirements
payment for fiscal year 2007 if--
``(1) not later than 30 days after the date of the
enactment of the Voter Confidence and Increased Accessibility
Act of 2007, the State certifies to the Commission the number
of remedial precincts in the State (as defined in section
252(b)(2)(B)); and
``(2) not later than 90 days after the date of the
enactment of such Act, the chief executive officer of the
State, or designee, in consultation and coordination with the
chief State election official, has filed a statement with the
Commission describing the State's need for the payment and how
the State will use the payment to meet the requirements of
title III (in accordance with the limitations applicable to the
use of the payment under section 257(a)(4)).''.
(5) Permitting use of funds for reimbursement for costs
previously incurred.--Section 251(c)(1) of such Act (42 U.S.C.
15401(c)(1)) is amended by striking the period at the end and
inserting the following: ``, or as a reimbursement for any
costs incurred in meeting the requirements of title III which
are imposed pursuant to the amendments made by section 2 of the
Voter Confidence and Increased Accessibility Act of 2007 or in
otherwise modifying or replacing voting systems in response to
such amendments.''.
(6) Rule of construction regarding states receiving other
funds for replacing punch card, lever, or other voting
machines.--Nothing in the amendments made by this subsection or
in any other provision of the Help America Vote Act of 2002 may
be construed to prohibit a State which received or was
authorized to receive a payment under title I or II of such Act
for replacing punch card, lever, or other voting machines from
receiving or using any funds which are made available under the
amendments made by this subsection.
(7) Effective date.--The amendments made by this subsection
shall apply with respect to fiscal years beginning with fiscal
year 2007.
SEC. 3. ENHANCEMENT OF ENFORCEMENT OF HELP AMERICA VOTE ACT OF 2002.
Section 401 of such Act (42 U.S.C. 15511) is amended--
(1) by striking ``The Attorney General'' and inserting
``(a) In General.--The Attorney General''; and
(2) by adding at the end the following new subsections:
``(b) Filing of Complaints by Aggrieved Persons.--
``(1) In general.--A person who is aggrieved by a violation
of section 301, 302, or 303 which has occurred, is occurring,
or is about to occur may file a written, signed, notarized
complaint with the Attorney General describing the violation
and requesting the Attorney General to take appropriate action
under this section.
``(2) Response by attorney general.--The Attorney General
shall respond to each complaint filed under paragraph (1), in
accordance with procedures established by the Attorney General
that require responses and determinations to be made within the
same (or shorter) deadlines which apply to a State under the
State-based administrative complaint procedures described in
section 402(a)(2).
``(c) Clarification of Availability of Private Right of Action.--
Nothing in this section may be construed to prohibit any person from
bringing an action under section 1979 of the Revised Statutes of the
United States (42 U.S.C. 1983) (including any individual who seeks to
enforce the individual's right to a voter-verified paper ballot, the
right to have the voter-verified paper ballot counted in an election,
or any other right under subtitle A of title III) to enforce the
uniform and nondiscriminatory election technology and administration
requirements under sections 301, 302, and 303.
``(d) No Effect on State Procedures.--Nothing in this section may
be construed to affect the availability of the State-based
administrative complaint procedures required under section 402 to any
person filing a complaint under this subsection.''.
SEC. 4. EXTENSION OF AUTHORIZATION OF ELECTION ASSISTANCE COMMISSION.
(a) In General.--Section 210 of the Help America Vote Act of 2002
(42 U.S.C. 15330) is amended by striking ``each of the fiscal years
2003 through 2005'' and inserting ``each fiscal year beginning with
fiscal year 2003''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect as if included in the enactment of the Help America Vote
Act of 2002.
SEC. 5. REQUIREMENT FOR MANDATORY MANUAL AUDITS BY HAND COUNT.
(a) Mandatory Manual Audits by Election Audit Boards.--Title III of
the Help America Vote Act of 2002 (42 U.S.C. 15481 et seq.) is amended
by adding at the end the following new subtitle:
``Subtitle C--Mandatory Manual Audits by Election Audit Boards
``SEC. 321. ESTABLISHMENT OF ELECTION AUDIT BOARDS.
``(a) Establishment.--Not later than 60 days before the date of
each election for Federal office held in the State, the chief auditor
of each State shall appoint an Election Audit Board to administer,
without advance notice to the precincts selected, random hand counts of
the voter-verified paper ballots required to be produced and preserved
pursuant to section 301(a)(2) for each such election held in the State
(and, at the option of the State or jurisdiction involved, of elections
for State and local office held at the same time as such election).
``(b) Composition.--
``(1) In general.--Each political party in the State with a
candidate in any of the regularly scheduled elections for
Federal office held in the State whose candidates in the most
recent regularly scheduled general elections in the State
received at least 5% of the aggregate number of all votes cast
in such elections, together with any independent candidate who
received at least 5% of the aggregate number of all votes cast
in the most recent regularly scheduled general elections in the
State, shall select a qualified individual for appointment to
the Election Audit Board of the State.
``(2) Unaffiliated members.--In addition to the individuals
serving on the Board pursuant to paragraph (1), the chief
auditor of the State shall appoint qualified individuals who
are not nominated by any political party or candidate and who
are not employees or agents of any political party or candidate
to serve on the Board. The number of individuals appointed
pursuant to this paragraph shall be sufficient to ensure that
the total number of individuals serving on the Board is an odd
number not less than 7.
``(3) Qualifications.--An individual is qualified to be
appointed to the Board if the individual has professional
experience in carrying out audits on an impartial basis, and
does not have any conflict of interest with the manufacturer or
vendor of any voting system which was used in any of the
elections that will be audited by the Board.
``(4) Diversity in appointments.--In making appointments to
the Board, the chief auditor of the State shall (to the
greatest extent practicable) ensure that the members of the
Board reflect the demographic composition of the voting age
population of the State.
``(c) Special Rule For Runoff and Special Elections.--
``(1) Runoff elections.--If a runoff election for Federal
office is held in the State, the Election Audit Board which was
appointed for the initial election which resulted in the runoff
election shall serve as the Election Audit Board with respect
to the runoff election.
``(2) Special elections.--If a special election for Federal
office is held in the State (other than a special election held
on the same date as the date of a regularly scheduled election
for Federal office), the Election Audit Board which was
appointed for the most recent regularly scheduled election for
Federal office in the State shall serve as the Election Audit
Board with respect to the special election.
``(d) Chief Auditor Defined.--In this subsection, the `chief
auditor' of a State is an official of the State government, who, as
designated by the Attorney General of the State and certified by the
Attorney General of the State to the Commission, is responsible for
conducting annual audits of the operations of the government of the
State under the laws or constitution of the State, except that in no
case may an individual serve as the chief auditor of a State under this
subsection if the individual is the chief State election official.
``SEC. 322. NUMBER OF BALLOTS COUNTED UNDER AUDIT.
``(a) In General.--Except as provided in subsection (b), the number
of voter-verified paper ballots which will be subject to a hand count
administered by the Election Audit Board of a State under this subtitle
with respect to an election shall be determined as follows:
``(1) In the event that the unofficial count as described
in section 323(a)(1) reveals that the margin of victory between
the two candidates receiving the largest number of votes in the
election is less than 1 percent of the total votes cast in that
election, the hand counts of the voter-verified paper ballots
shall occur in 10 percent of all precincts (or equivalent
locations) in the Congressional district involved (in the case
of an election for the House of Representatives) or the State
(in the case of any other election for Federal office).
``(2) In the event that the unofficial count as described
in section 323(a)(1) reveals that the margin of victory between
the two candidates receiving the largest number of votes in the
election is greater than or equal to 1 percent but less than 2
percent of the total votes cast in that election, the hand
counts of the voter-verified paper ballots shall occur in 5
percent of all precincts (or equivalent locations) in the
Congressional district involved (in the case of an election for
the House of Representatives) or the State (in the case of any
other election for Federal office).
``(3) In the event that the unofficial count as described
in section 323(a)(1) reveals that the margin of victory between
the two candidates receiving the largest number of votes in the
election is equal to or greater than 2 percent of the total
votes cast in that election, the hand counts of the voter-
verified paper ballots shall occur in 3 percent of all
precincts (or equivalent locations) in the Congressional
district involved (in the case of an election for the House of
Representatives) or the State (in the case of any other
election for Federal office).
``(b) Use of Alternative Mechanism.--Notwithstanding subsection
(a), a State may adopt and apply an alternative mechanism to determine
the number of voter-verified paper ballots which will be subject to the
hand counts required under this subtitle with respect to an election,
so long as the National Institute of Standards and Technology
determines that the alternative mechanism will be at least as effective
in ensuring the accuracy of the election results and as transparent as
the procedure under subsection (a).
``SEC. 323. PROCESS FOR ADMINISTERING AUDITS.
``(a) In General.--The Election Audit Board of a State shall
administer an audit under this section of the results of an election in
accordance with the following procedures:
``(1) Within 24 hours after the State announces the final
unofficial vote count in each precinct in the State, the Board
shall determine and then announce the precincts in the State in
which it will administer the audits.
``(2) With respect to votes cast at the precinct or
equivalent location on or before the date of the election
(other than provisional ballots described in paragraph (3)),
the Board shall administer the hand count of the votes on the
paper voter-verified ballots required to be produced and
preserved under section 301(a)(2)(A) and the comparison of the
count of the votes on those ballots with the final unofficial
count of such votes as announced by the State.
``(3) With respect to votes cast other than at the precinct
on the date of the election (other than votes cast before the
date of the election described in paragraph (2)) or votes cast
by provisional ballot on the date of the election which are
certified and counted by the State on or after the date of the
election, including votes cast by absent uniformed services
voters and overseas voters under the Uniformed and Overseas
Citizens Absentee Voting Act, the Board shall administer the
hand count of the applicable voter-verified ballots required to
be produced and preserved under section 301(a)(2)(A) and
section 301(a)(2)(B) and compare the count it administers with
the count of such votes as announced by the State.
``(b) Special Rule in Case of Delay in Reporting Absentee Vote
Count.--In the case of a State in which, under State law, the final
count of absentee and provisional votes is not announced until after
the expiration of the 7-day period which begins on the date of the
election, the Election Audit Board shall initiate the process described
in subsection (a) for administering the audit not later than 24 hours
after the State announces the final unofficial vote count for the votes
cast at the precinct or equivalent location on or before the date of
the election, and shall initiate the administration of the audit of the
absentee and provisional votes pursuant to subsection (a)(3) not later
than 24 hours after the State announces the final unofficial count of
such votes.
``(c) Additional Audits if Cause Shown.--
``(1) In general.--If the Election Audit Board finds that
any of the hand counts administered under this section do not
match the final unofficial tally of the results of an election,
the Board shall administer hand counts under this section of
such additional precincts (or equivalent jurisdictions) as the
Board considers appropriate to resolve any concerns resulting
from the audit and ensure the accuracy of the results.
``(2) Establishment and publication of procedures governing
additional audits.--Not later than January 1, 2008, each State
shall establish and publish procedures for carrying out the
additional audits under this subsection, including the means by
which the State shall resolve any concerns resulting from the
audit with finality and ensure the accuracy of the results.
``(d) Public Observation of Audits.--Each audit conducted under
this section shall be conducted in a manner that allows public
observation of the entire process.
``SEC. 324. SELECTION OF PRECINCTS.
``(a) In General.--Except as provided in subsection (c), the
selection of the precincts in the State in which the Election Audit
Board of the State shall administer the hand counts under this subtitle
shall be made by the Board on an entirely random basis using a uniform
distribution in which all precincts in a State have an equal chance of
being selected, in accordance with such procedures as the Commission
determines appropriate, except that--
``(1) at least one precinct shall be selected at random in
each county; and
``(2) the Commission shall publish the procedures in the
Federal Register prior to the selection of the precincts.
``(b) Public Selection.--The random selection of precincts under
subsection (a) shall be conducted in public, at a time and place
announced in advance.
``(c) Mandatory Selection of Precincts Established Specifically For
Absentee Ballots.--If a State establishes a separate precinct for
purposes of counting the absentee ballots cast in an election and
treats all absentee ballots as having been cast in that precinct, and
if the state does not make absentee ballots sortable by precinct, the
State shall include that precinct among the precincts in the State in
which the Election Audit Board shall administer the hand counts under
this subtitle.
``SEC. 325. PUBLICATION OF RESULTS.
``(a) Submission to Commission.--As soon as practicable after the
completion of an audit under this subtitle, the Election Audit Board of
a State shall submit to the Commission the results of the audit, and
shall include in the submission a comparison of the results of the
election in the precinct as determined by the Board under the audit and
the final unofficial vote count in the precinct as announced by the
State, as well as a list of any discrepancies discovered between the
initial, subsequent, and final hand counts administered by the Board
and such final unofficial vote count and any explanation for such
discrepancies, broken down by the categories of votes described in
paragraphs (2) and (3) of section 323(a).
``(b) Publication by Commission.--Immediately after receiving the
submission of the results of an audit from the Election Audit Board of
a State under subsection (a), the Commission shall publicly announce
and publish the information contained in the submission.
``(c) Delay in Certification of Results by State.--
``(1) Prohibiting certification until completion of
audits.--No State may certify the results of any election which
is subject to an audit under this subtitle prior to the
completion of the audit and the announcement and submission of
the results of the audit to the Commission for publication of
the information required under this section.
``(2) Deadline for completion of audits of presidential
elections.--In the case of an election for electors for
President and Vice President which is subject to an audit under
this subtitle, the State shall complete the audits and announce
and submit the results to the Commission for publication of the
information required under this section in time for the State
to certify the results of the election and provide for the
final determination of any controversy or contest concerning
the appointment of such electors prior to the deadline
described in section 6 of title 3, United States Code.
``SEC. 326. PAYMENTS TO STATES.
``(a) Payments For Costs of Conducting Audits.--In accordance with
the requirements and procedures of this section, the Commission shall
make a payment to a State to cover the costs incurred by the State in
carrying out this subtitle with respect to the elections that are the
subject of the audits conducted under this subtitle.
``(b) Certification of Compliance and Anticipated Costs.--
``(1) Certification required.--In order to receive a
payment under this section, a State shall submit to the
Commission, in such form as the Commission may require, a
statement containing--
``(A) a certification that the State will conduct
the audits required under this subtitle in accordance
with all of the requirements of this subtitle;
``(B) a notice of the reasonable costs anticipated
to be incurred by the State in carrying out this
subtitle with respect to the elections involved; and
``(C) such other information and assurances as the
Commission may require.
``(2) Amount of payment.--The amount of a payment made to a
State under this section shall be equal to the reasonable costs
anticipated to be incurred by the State in carrying out this
subtitle with respect to the elections involved, as set forth
in the statement submitted under paragraph (1) a notice
submitted by the State to the Commission (in such form and
containing such information as the Commission may require).
``(3) Timing of notice.--The State may not submit a notice
under paragraph (1) until candidates have been selected to
appear on the ballot for all of the elections for Federal
office which will be the subject of the audits involved.
``(c) Timing of Payments.--The Commission shall make the payment
required under this section to a State not later than 30 days after
receiving the notice submitted by the State under subsection (b).
``(d) Authorization of Appropriations.--There are authorized to be
appropriated to the Commission for fiscal year 2008 and each succeeding
fiscal year such sums as may be necessary for payments under this
section.
``SEC. 327. EXCEPTION FOR ELECTIONS SUBJECT TO AUTOMATIC RECOUNT UNDER
STATE LAW.
``This subtitle does not apply to any election for which a recount
is required automatically under State law because of the margin of
victory between the two candidates receiving the largest number of
votes in the election. Nothing in the previous sentence may be
construed to waive the application of any other provision of this Act
to any election (including the ballot verification and audit capacity
requirements of section 301(a)(2)).
``SEC. 328. EFFECTIVE DATE.
``This subtitle shall apply with respect to elections for Federal
office beginning with the regularly scheduled general elections held in
November 2008.''.
(b) Availability of Enforcement Under Help America Vote Act of
2002.--Section 401 of such Act (42 U.S.C. 15511), as amended by section
3, is amended--
(1) in subsection (a), by striking the period at the end
and inserting the following: ``, or the requirements of
subtitle C of title III.'';
(2) in subsection (b)(1), by striking ``section 303'' and
inserting ``section 303, or subtitle C of title III,''; and
(3) in subsection (c)--
(A) by striking ``subtitle A'' and inserting
``subtitles A or C'', and
(B) by striking the period at the end and inserting
the following: ``, or the requirements of subtitle C of
title III.''.
(c) Clerical Amendment.--The table of contents of such Act is
amended by adding at the end of the item relating to title III the
following:
``Subtitle C--Mandatory Manual Audits by Election Audit Boards
``Sec. 321. Establishment of Election Audit Boards.
``Sec. 322. Number of ballots counted under audit.
``Sec. 323. Process for administering audits.
``Sec. 324. Selection of precincts.
``Sec. 325. Publication of results.
``Sec. 326. Payments to States.
``Sec. 327. Exception for elections subject to automatic recount within
24 hours under State law.
``Sec. 328. Effective date.''.
SEC. 6. REPEAL OF EXEMPTION OF ELECTION ASSISTANCE COMMISSION FROM
CERTAIN GOVERNMENT CONTRACTING REQUIREMENTS.
(a) In General.--Section 205 of the Help America Vote Act of 2002
(42 U.S.C. 15325) is amended by striking subsection (e).
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to contracts entered into by the Election Assistance
Commission on or after the date of the enactment of this Act.
SEC. 7. EFFECTIVE DATE.
Except as otherwise provided, this Act and the amendments made by
this Act shall apply with respect to elections for Federal office
occurring during 2008 and each succeeding year.
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