[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 811 Reported in House (RH)]
Union Calendar No. 91
110th CONGRESS
1st Session
H. R. 811
[Report No. 110-154]
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
May 16, 2007
Additional sponsors: Ms. Bean, Mr. Hare, Mr. Kanjorski, Mr. Tim Murphy
of Pennsylvania, Mr. Levin, Ms. Castor, Mr. Bishop of New York, Mr.
McDermott, Mr. Walden of Oregon, Mr. Cuellar, Mr. Hinojosa, Mr.
Thompson of California, Ms. Zoe Lofgren of California, Ms. Baldwin, Mr.
Snyder, Mr. Rangel, Ms. Velazquez, Mr. Farr, Mr. Meehan, Mr. Lipinski,
Mr. Wamp, Mr. Gerlach, Mr. LaHood, Mr. Israel, Mr. Davis of Alabama,
Mr. Udall of New Mexico, Mr. Cleaver, Mr. LoBiondo, Mr. Rahall, Mr.
Murtha, Mr. Rodriguez, Mr. Ross, Mr. Saxton, Ms. Carson, Mr. Sires, Ms.
Moore of Wisconsin, Mr. Hill, Mr. Yarmuth, Mr. Barrow, Mr. Sarbanes,
Mr. Donnelly, Mrs. Bono, Mr. Al Green of Texas, Mr. Carney, Ms.
Giffords, Mr. McGovern, and Mr. Markey
May 16, 2007
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed
in italic]
[For text of introduced bill, see copy of bill as introduced on
February 5, 2007]
_______________________________________________________________________
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) Voter-verified paper ballots.--
``(i) Verification.--(I) The voting system
shall require the use of or produce an
individual, durable, 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
subclause, 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
clause (ii).
``(III) The voting system shall not
preserve the voter-verified 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.
``(ii) Preservation.--The individual,
durable voter-verified paper ballot produced in
accordance with clause (i) shall be used as the
official ballot for purposes of any recount or
audit conducted with respect to any election
for Federal office in which the voting system
is used, and 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 on such date; or
``(II) in any other case, in a
manner which is consistent with the
manner employed by the jurisdiction for
preserving such ballots in general.
``(iii) Manual audit capacity.--(I) Each
paper ballot produced pursuant to clause (i)
shall be suitable for a manual audit equivalent
to that of a paper ballot voting system, and
shall be counted by hand in any recount or
audit conducted with respect to any election
for Federal office.
``(II) In the event of any inconsistencies
or irregularities between any electronic vote
tallies and the vote tallies determined by
counting by hand the individual, durable voter-
verified paper ballots produced pursuant to
clause (i), and subject to subparagraph (B),
the individual, durable voter-verified paper
ballots shall be the true and correct record of
the votes cast.
``(B) Special rule for treatment of disputes when
paper ballots have been shown to be compromised.--
``(i) In general.--In the event that--
``(I) there is any inconsistency
between any electronic vote tallies and
the vote tallies determined by counting
by hand the individual, durable voter-
verified paper ballots produced
pursuant to subparagraph (A)(i) with
respect to any election for Federal
office; and
``(II) it is demonstrated by clear
and convincing evidence (as determined
in accordance with the applicable
standards in the jurisdiction involved)
in any recount, audit, or contest of
the result of the election 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 could be
changed,
the determination of the appropriate remedy
with respect to the election shall be made in
accordance with applicable State law, except
that the electronic tally shall not be used as
the exclusive basis for determining the
official certified vote tally.
``(ii) Rule for consideration of ballots
associated with each voting machine.--For
purposes of clause (i), the paper ballots
associated with each voting system shall be
considered on a voting-machine-by-voting-
machine basis, and only the paper ballots
deemed compromised, if any, shall be considered
in the calculation of whether or not the result
of the election could 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 notices required under paragraphs (7) and
(13)(C))'' 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), 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 individual, durable
paper ballot through the conversion of the
human-readable printed or marked vote
selections into accessible form,
``(II) ensures that the entire process of
ballot verification and vote casting is
equipped for individuals with disabilities, and
``(III) does not preclude the supplementary
use of Braille or tactile ballots; and''.
(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, including non-electronic devices, that will assist such
individuals and voters in creating voter-verified paper ballots and
presenting or transmitting the information printed or marked on such
ballots back to such individuals and voters.
``(b) Coordination With Grants for Technology Improvements.--The
Director shall coordinate the activities carried out under subsection
(a) with the research conducted under the grant program carried out by
the Commission under section 271, to the extent that the Director and
Commission determine necessary to provide for the advancement of
accessible voting technology.
``(c) Deadline.--The Director shall complete the requirements of
subsection (a) not later than December 31, 2008.
``(d) Authorization of Appropriations.--There are authorized to be
appropriated to carry out subsection (a) $3,000,000, 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 ballot 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 paper 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 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 which is
clearly visible from the voting booths a notice, in
large font print accessible to the visually impaired,
advising voters that the paper ballots representing
their votes shall serve as the vote of record in all
audits and recounts in elections for Federal office,
and that they should not leave the voting booth until
confirming that such paper ballots accurately record
their vote.
``(B) Systems for individuals with disabilities.--
All voting systems equipped for individuals with
disabilities shall present or transmit in accessible
form the statement referred to in subparagraph (A), as
well as an explanation of the verification process
described in paragraph (3)(B)(ii).
``(8) Prohibiting use of uncertified election-dedicated
voting system technologies; disclosure requirements.--
``(A) In general.--A voting system used in an
election for Federal office in a State may not at any
time during the election contain or use any election-
dedicated voting system technology which has not been
certified by the State for use in the election and
which has not been deposited with an accredited
laboratory described in section 231 to be held in
escrow and disclosed in accordance with this section.
``(B) Requirement for and restrictions on
disclosure.--An accredited laboratory under section 231
with whom an election-dedicated voting system
technology has been deposited shall--
``(i) hold the technology in escrow; and
``(ii) disclose technology and information
regarding the technology to another person if--
``(I) the person is a qualified
person described in subparagraph (C)
who has entered into a nondisclosure
agreement with respect to the
technology which meets the requirements
of subparagraph (D); or
``(II) the laboratory is required
to disclose the technology to the
person under State law, in accordance
with the terms and conditions
applicable under such law.
``(C) Qualified persons described.--With respect to
the disclosure of election-dedicated voting system
technology by a laboratory under subparagraph
(B)(ii)(I), a `qualified person' is any of the
following:
``(i) A governmental entity with
responsibility for the administration of voting
and election-related matters for purposes of
reviewing, analyzing, or reporting on the
technology.
``(ii) A party to pre- or post-election
litigation challenging the result of an
election or the administration or use of the
technology used in an election, including but
not limited to election contests or challenges
to the certification of the technology, or an
expert for a party to such litigation, for
purposes of reviewing or analyzing the
technology to support or oppose the litigation,
and all parties to the litigation shall have
access to the technology for such purposes.
``(iii) A person not described in clause
(i) or (ii) who reviews, analyzes, or reports
on the technology solely for an academic,
scientific, technological, or other
investigation or inquiry concerning the
accuracy or integrity of the technology.
``(D) Requirements for nondisclosure agreements.--A
nondisclosure agreement entered into with respect to an
election-dedicated voting system technology meets the
requirements of this subparagraph if the agreement--
``(i) is limited in scope to coverage of
the technology disclosed under subparagraph (B)
and any trade secrets and intellectual property
rights related thereto;
``(ii) does not prohibit a signatory from
entering into other nondisclosure agreements to
review other technologies under this paragraph;
``(iii) exempts from coverage any
information the signatory lawfully obtained
from another source or any information in the
public domain;
``(iv) remains in effect for not longer
than the life of any trade secret or other
intellectual property right related thereto;
``(v) prohibits the use of injunctions
barring a signatory from carrying out any
activity authorized under subparagraph (C),
including injunctions limited to the period
prior to a trial involving the technology;
``(vi) is silent as to damages awarded for
breach of the agreement, other than a reference
to damages available under applicable law;
``(vii) allows disclosure of evidence of
crime, including in response to a subpoena or
warrant;
``(viii) allows the signatory to perform
analyses on the technology (including by
executing the technology), disclose reports and
analyses that describe operational issues
pertaining to the technology (including
vulnerabilities to tampering, errors, risks
associated with use, failures as a result of
use, and other problems), and describe or
explain why or how a voting system failed or
otherwise did not perform as intended; and
``(ix) provides that the agreement shall be
governed by the trade secret laws of the
applicable State.
``(E) Election-dedicated voting system technology
defined.--For purposes of this paragraph, `election-
dedicated voting system technology' means `voting
system software' as defined under the 2005 voluntary
voting system guidelines adopted by the Commission
under section 222, but excludes `commercial-off-the-
shelf' software and hardware defined under those
guidelines.
``(9) Prohibition of use of wireless communications devices
in voting systems.--No voting system shall contain, use, or be
accessible by any wireless, power-line, or concealed
communication device, except that enclosed infrared
communications devices which are certified for use in the
voting system by the State and which cannot be used for any
remote or wide area communications or used without the
knowledge of poll workers shall be permitted.
``(10) Prohibiting connection of system or transmission of
system information over the internet.--No component of any
voting device upon which ballots are programmed or votes are
cast or tabulated shall be connected to the Internet at any
time.
``(11) 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, ballots, and
voter-verified ballots used in connection with
voting systems, and shall make the information
available upon request to the Commission.
``(ii) The manufacturer shall disclose to
an accredited laboratory under section 231 and
to the appropriate election official any
information required to be disclosed under
paragraph (8).
``(iii) After the appropriate election
official has certified the election-dedicated
and other voting system software for use in an
election, the manufacturer may not--
``(I) alter such software; or
``(II) insert or use in the voting
system any software not certified by
the State for use in the election.
``(iv) At the request of the Commission--
``(I) the appropriate election
official shall submit information to
the Commission regarding the State's
compliance with this subparagraph; and
``(II) the manufacturer shall
submit information to the Commission
regarding the manufacturer's compliance
with this subparagraph.
``(C) Development and publication of best practices
on documentation of secure chain of custody.--Not later
than August 1, 2008, the Commission shall develop and
make publicly available best practices regarding the
requirement of subparagraph (B)(i).
``(D) Disclosure of secure chain of custody.--The
Commission shall make information provided to the
Commission under subparagraph (B)(i) available to any
person upon request.
``(12) Durability and readability requirements for
ballots.--
``(A) Durability requirements for paper ballots.--
``(i) In general.--All voter-verified paper
ballots required to be used under this Act
(including the paper ballots provided to voters
under paragraph (13)) shall be marked, printed,
or recorded on durable paper.
``(ii) Definition.--For purposes of this
Act, paper is `durable' if it is capable of
withstanding multiple counts and recounts by
hand 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 a
retention and preservation period of 22 months.
``(B) Readability requirements for machine-marked
or printed paper ballots.--All voter-verified paper
ballots completed by the voter through the use of a
marking or printing device shall be clearly readable by
the voter without assistance (other than eyeglasses or
other personal vision enhancing devices) and by a
scanner or other device equipped for individuals with
disabilities.
``(13) Mandatory availability of paper ballots at polling
place.--
``(A) Requiring ballots to be offered and
provided.--The appropriate election official at each
polling place in an election for Federal office shall
offer each individual who is eligible to cast a vote in
the election at the polling place the opportunity to
cast the vote using a pre-printed paper ballot which
the individual may mark by hand and which is not
produced by a direct recording electronic voting
machine. If the individual accepts the offer to cast
the vote using such a ballot, the official shall
provide the individual with the ballot and the supplies
necessary to mark the ballot, and shall ensure (to the
greatest extent practicable) that the waiting period
for the individual to cast a vote is not greater than
the waiting period for an individual who does not agree
to cast the vote using such a paper ballot under this
paragraph.
``(B) Treatment of ballot.--Any paper ballot which
is cast by an individual under this paragraph shall be
counted and otherwise treated as a regular ballot for
all purposes (including, to the greatest extent
practicable, the deadline for counting the 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 individual had not
accepted the offer to cast the vote using a paper
ballot under this paragraph.
``(C) Posting of notice.--The appropriate election
official shall ensure that at each polling place a
notice is displayed prominently which describes the
obligation of the official to offer individuals the
opportunity to cast votes using a pre-printed paper
ballot under this paragraph.
``(D) Training of election officials.--The chief
State election official shall ensure that election
officials at polling places in the State are aware of
the requirements of this paragraph, including the
requirement to display a notice under subparagraph (C),
and are aware that it is a violation of the
requirements of this title for an election official to
fail to offer an individual the opportunity to cast a
vote using a pre-printed paper ballot under this
paragraph.
``(E) Exceptions.--This paragraph does not apply
with respect to--
``(i) a polling place at which each voting
system used in the administration of an
election for Federal office uses only pre-
printed paper ballots which are marked by hand
and which are not produced by a direct
recording electronic voting machine (other than
a system used to meet the disability access
requirements of paragraph (3)); or
``(ii) a polling place in operation prior
to the date of the election, but only with
respect to days prior to the date of the
election.
``(F) Effective date.--This paragraph shall apply
with respect to the regularly scheduled general
election for Federal office in November 2010 and each
succeeding election for Federal office.''.
(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 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 (to the greatest extent practicable),
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)(iv), 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) Information on status of laboratories.--The
Commission shall promptly notify Congress, the chief
State election official of each State, and the public
whenever--
``(i) the Commission revokes, terminates,
or suspends the accreditation of a laboratory
under this section;
``(ii) the Commission restores the
accreditation of a laboratory under this
section which has been revoked, terminated, or
suspended; or
``(iii) the Commission has credible
evidence of significant security failure at an
accredited laboratory.''.
(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, escrow
account, and schedule of fees.--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 and schedule of fees
described in section 231(b)(4) of such Act (as added by
subparagraph (A)) not later than January 1, 2008.
(D) Authorization of appropriations.--There are
authorized to be appropriated to the Election
Assistance Commission such sums as may be necessary to
carry out the Commission's duties under paragraphs (3)
and (4) of section 231 of the Help America Vote Act of
2002 (as added by subparagraph (A)).
(3) Special certification of ballot durability and
readability requirements for states not currently using durable
paper ballots.--
(A) In general.--If any of the voting systems used
in a State for the regularly scheduled 2006 general
elections for Federal office did not require the use of
or produce durable paper ballots, 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 sections 301(a)(2), 301(a)(12), and
301(b) of the Help America Vote of 2002, as added or
amended by this subsection, 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.
(B) Certifications by states that require changes
to state law.--In the case of a State that requires
State legislation to carry out an activity covered by
any certification submitted under this paragraph, the
State shall be permitted to make the certification
notwithstanding that the legislation has not been
enacted at the time the certification is submitted and
such State shall submit an additional certification
once such legislation is enacted.
(4) Grants for research on development of election-
dedicated voting system software.--
(A) In general.--Subtitle D of title II of the Help
America Vote Act of 2002 (42 U.S.C. 15401 et seq.) is
amended by adding at the end the following new part:
``PART 7--GRANTS FOR RESEARCH ON DEVELOPMENT OF ELECTION-DEDICATED
VOTING SYSTEM SOFTWARE
``SEC. 297. GRANTS FOR RESEARCH ON DEVELOPMENT OF ELECTION-DEDICATED
VOTING SYSTEM SOFTWARE.
``(a) In General.--The Director of the National Science Foundation
(hereafter in this part referred to as the `Director') shall make
grants to not fewer than 3 eligible entities to conduct research on the
development of election-dedicated voting system software.
``(b) Eligibility.--An entity is eligible to receive a grant under
this part if it submits to the Director (at such time and in such form
as the Director may require) an application containing--
``(1) certifications regarding the benefits of operating
voting systems on election-dedicated software which is easily
understandable and which is written exclusively for the purpose
of conducting elections;
``(2) certifications that the entity will use the funds
provided under the grant to carry out research on how to
develop voting systems that run on election-dedicated software
and that will meet the applicable requirements for voting
systems under title III; and
``(3) such other information and certifications as the
Director may require.
``(c) Authorization of Appropriations.--There are authorized to be
appropriated for grants under this part $1,500,000 for each of fiscal
years 2007 and 2008, to remain available until expended.''.
(B) Clerical amendment.--The table of contents of
such Act is amended by adding at the end of the items
relating to subtitle D of title II the following:
``Part 7--Grants for Research on Development of Election-Dedicated
Voting System Software
``Sec. 297. Grants for research on development of election-dedicated
voting system software.''.
(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, $1,000,000,000, 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 sum of the number of noncompliant
precincts in the State and 50% of the number of
partially noncompliant precincts in the State;
and
``(ii) the sum of the number of
noncompliant precincts in all States and 50% of
the number of partially noncompliant precincts
in all States.
``(B) Noncompliant precinct defined.--In this
paragraph, a `noncompliant precinct' means any precinct
(or equivalent location) within a State for which the
voting system used to administer the regularly
scheduled general election for Federal office held in
November 2006 did not meet either of the requirements
described in subparagraph (D).
``(C) Partially noncompliant precinct defined.--In
this paragraph, a `partially noncompliant precinct'
means any precinct (or equivalent location) within a
State for which the voting system used to administer
the regularly scheduled general election for Federal
office held in November 2006 met only one of the
requirements described in subparagraph (D).
``(D) Requirements described.--The requirements
described in this subparagraph with respect to a voting
system are as follows:
``(i) The primary voting system required
the use of or produced durable paper ballots
(as described in section 301(a)(12)(A)) for
every vote cast.
``(ii) The voting system provided that the
entire process of paper 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.--
``(1) In general.--Notwithstanding any other provision of
this part, a State is eligible to receive a requirements
payment for fiscal year 2007 if, not later than 90 days after
the date of the enactment of the Voter Confidence and Increased
Accessibility Act of 2007, the chief executive officer of the
State, or designee, in consultation and coordination with the
chief State election official--
``(A) certifies to the Commission the number of
noncompliant and partially noncompliant precincts in
the State (as defined in section 252(b)(2)); and
``(B) files 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)).
``(2) Certifications by states that require changes to
state law.--In the case of a State that requires State
legislation to carry out any activity covered by any
certification submitted under this subsection, the State shall
be permitted to make the certification notwithstanding that the
legislation has not been enacted at the time the certification
is submitted and such State shall submit an additional
certification once such legislation is enacted.''.
(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.
(e) Effective Date For New Requirements.--Section 301(d) of such
Act (42 U.S.C. 15481(d)) is amended to read as follows:
``(d) Effective Date.--
``(1) In general.--Except as provided in paragraph (2),
each State and jurisdiction shall be required to comply with
the requirements of this section on and after January 1, 2006.
``(2) Special rule for certain requirements.--
``(A) In general.--Except as provided in
subparagraph (B), the requirements of this section
which are first imposed on a State and jurisdiction
pursuant to the amendments made by section 2 of the
Voter Confidence and Increased Accessibility Act of
2007 shall apply with respect to the regularly
scheduled general election for Federal office held in
November 2008 and each succeeding election for Federal
office.
``(B) Delay for jurisdictions using certain paper
ballot printers or certain paper ballot-equipped
accessible machines in 2006.--
``(i) Delay.--In the case of a jurisdiction
described in clause (ii), subparagraph (A)
shall apply to the jurisdiction as if the
reference in such subparagraph to `the
regularly scheduled general election for
Federal office held in November 2008 and each
succeeding election for Federal office' were a
reference to `elections for Federal office
occurring during 2010 and each succeeding
year', but only with respect to the following
requirements of this section:
``(I) Paragraph (3)(B)(ii)(I) and
(II) of subsection (a) (relating to
access to verification from the durable
paper ballot).
``(II) Paragraph (12) of subsection
(a) (relating to durability and
readability requirements for ballots).
``(ii) Jurisdictions described.--A
jurisdiction described in this clause is--
``(I) a jurisdiction which used
thermal reel-to-reel voter verified
paper ballot printers attached to
direct recording electronic voting
machines for the administration of the
regularly scheduled general election
for Federal office held in November
2006 and which will continue to use
such printers attached to such voting
machines for the administration of
elections for Federal office held in
2008; or
``(II) a jurisdiction which used
voting machines which met the
accessibility requirements of paragraph
(3) of subsection (a) (as in effect
with respect to such election) for the
administration of the regularly
scheduled general election for Federal
office held in November 2006 and which
used or produced a paper ballot, and
which will continue to use such voting
machines for the administration of
elections for Federal office held in
2008.''.
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 accordance
with this Act, 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. REQUIREMENT FOR MANDATORY MANUAL AUDITS BY HAND COUNT.
(a) Mandatory Manual Audits.--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
``SEC. 321. REQUIRING AUDITS OF RESULTS OF ELECTIONS.
``(a) Requiring Audits.--
``(1) In general.--In accordance with this subtitle, each
State shall administer, without advance notice to the precincts
selected, audits of the results of elections for Federal office
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) consisting of random
hand counts of the voter-verified paper ballots required to be
produced and preserved pursuant to section 301(a)(2).
``(2) Exception for certain elections.--A State shall not
be required to administer an audit of the results of an
election for Federal office under this subtitle if the winning
candidate in the election--
``(A) had no opposition on the ballot; or
``(B) received 80% or more of the total number of
votes cast in the election, as determined on the basis
of the final unofficial vote count.
``(b) Determination of Entity Conducting Audits; Application of GAO
Independence Standards.--The State shall administer audits under this
subtitle through an entity selected for such purpose by the State in
accordance with such criteria as the State considers appropriate
consistent with the requirements of this subtitle, except that the
entity must meet the general standards established by the Comptroller
General to ensure the independence (including the organizational
independence) of entities performing financial audits, attestation
engagements, and performance audits under generally accepted government
accounting standards.
``(c) References to Election Auditor.--In this subtitle, the term
`Election Auditor' means, with respect to a State, the entity selected
by the State under subsection (b).
``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 Auditor 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 at least 10 percent of all precincts or
equivalent locations (or alternative audit units used in
accordance with the method provided for under subsection (b))
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 at
least 5 percent of all precincts or equivalent locations (or
alternative audit units used in accordance with the method
provided for under subsection (b)) 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 at least 3 percent of all
precincts or equivalent locations (or alternative audit units
used in accordance with the method provided for under
subsection (b)) 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 alternative mechanism uses the voter-verified paper
ballots to conduct the audit and the National Institute of Standards
and Technology determines that the alternative mechanism will be at
least as statistically effective in ensuring the accuracy of the
election results as the procedure under this subtitle.
``SEC. 323. PROCESS FOR ADMINISTERING AUDITS.
``(a) In General.--The Election Auditor 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 (as defined by the State) in each
precinct in the State, the Election Auditor 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 Election Auditor shall administer the hand count of the
votes on the voter-verified paper 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 Election Auditor shall
administer the hand count of the votes on the applicable voter-
verified paper 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.
``(b) Use of Election Personnel.--In administering the audits, the
Election Auditor may utilize the services of election administration
personnel of the State or jurisdiction, including poll workers, without
regard to whether or not the personnel have professional auditing
experience.
``(c) Location.--The Election Auditor shall administer an audit of
an election at the location where the ballots cast in the election are
stored and counted after the date of the election, and in the presence
of those personnel who under State law are responsible for the custody
of the ballots.
``(d) Special Rule in Case of Delay in Reporting Absentee Vote
Count.--In the case of a State in which 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
Auditor 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.
``(e) Additional Audits if Cause Shown.--
``(1) In general.--If the Election Auditor 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
Election Auditor shall administer hand counts under this
section of such additional precincts (or equivalent
jurisdictions) as the Election Auditor 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 August 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.
``(f) 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 Auditor
of the State shall administer the hand counts under this subtitle shall
be made by the Election Auditor on an entirely random basis using a
uniform distribution in which all precincts in a Congressional district
have an equal chance of being selected, in accordance with procedures
adopted by the Commission, except that at least one precinct shall be
selected at random in each county.
``(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 and
include those ballots in the hand count administered with respect to
that precinct, the State shall include that precinct among the
precincts in the State in which the Election Auditor shall administer
the hand counts under this subtitle.
``(d) Deadline for Adoption of Procedures by Commission.--The
Commission shall adopt the procedures described in subsection (a) not
later than March 31, 2008, and shall publish them in the Federal
Register upon adoption.
``SEC. 325. PUBLICATION OF RESULTS.
``(a) Submission to Commission.--As soon as practicable after the
completion of an audit under this subtitle, the Election Auditor 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 Election Auditor under
the audit and the final unofficial vote count in the precinct as
announced by the State and all undervotes, overvotes, blank ballots,
and spoiled, voided or cancelled ballots, as well as a list of any
discrepancies discovered between the initial, subsequent, and final
hand counts administered by the Election Auditor 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 Auditor 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--
``(A) to the completion of the audit (and, if
required, any additional audit conducted under section
323(d)(1)) and the announcement and submission of the
results of each such audit to the Commission for
publication of the information required under this
section; and
``(B) the completion of any procedure established
by the State pursuant to section 323(d)(2) to resolve
discrepancies and ensure the accuracy of results.
``(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 incurred or
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
incurred or 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).
``(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) Recoupment of Overpayments.--No payment may be made to a
State under this section unless the State agrees to repay to the
Commission the excess (if any) of--
``(1) the amount of the payment received by the State under
this section with respect to the elections involved; over
``(2) the actual costs incurred by the State in carrying
out this subtitle with respect to the elections involved.
``(e) Authorization of Appropriations.--There are authorized to be
appropriated to the Commission for fiscal year 2008 and each succeeding
fiscal year $100,000,000 for payments under this section.
``SEC. 327. EXCEPTION FOR ELECTIONS SUBJECT TO RECOUNT UNDER STATE LAW
PRIOR TO CERTIFICATION.
``(a) Exception.--This subtitle does not apply to any election for
which a recount under State law will commence prior to the
certification of the results of the election, including but not limited
to a recount required automatically because of the margin of victory
between the two candidates receiving the largest number of votes in the
election, but only if each of the following applies to the recount:
``(1) The recount commences prior to the determination and
announcement by the Election Auditor under section 323(a)(1) of
the precincts in the State in which it will administer the
audits under this subtitle.
``(2) If the recount would apply to fewer than 100% of the
ballots cast in the election--
``(A) the number of ballots counted will be at
least as many as would be counted if an audit were
conducted with respect to the election in accordance
with this subtitle; and
``(B) the selection of the precincts in which the
recount will be conducted will be made in accordance
with the random selection procedures applicable under
section 324.
``(3) The recount for the election meets the requirements
of section 323(e) (relating to public observation).
``(4) The State meets the requirements of section 325
(relating to the publication of results and the delay in the
certification of results) with respect to the recount.
``(b) Clarification of Effect on Other Requirements.--Nothing in
this section may be construed to waive the application of any other
provision of this Act to any election (including the requirement set
forth in section 301(a)(2) that the voter verified paper ballots serve
as the vote of record and shall be counted by hand in all audits and
recounts, including audits and recounts described in this subtitle).
``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 ``303'' and inserting
``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) Guidance on Best Practices for Alternative Audit Mechanisms.--
(1) In general.--Not later than May 1, 2008, the Director
of the National Institute for Standards and Technology shall
establish guidance for States that wish to establish
alternative audit mechanisms under section 322(b) of the Help
America Vote Act of 2002 (as added by subsection (a)). Such
guidance shall be based upon scientifically and statistically
reasonable assumptions for the purpose of creating an
alternative audit mechanism that will be at least as effective
in ensuring the accuracy of election results and as transparent
as the procedure under subtitle C of title III of such Act (as
so added).
(2) Authorization of appropriations.--There are authorized
to be appropriated to carry out paragraph (1) $100,000, to
remain available until expended.
(d) Clerical Amendment.--The table of contents of such Act is
amended by adding at the end of the items relating to title III the
following:
``Subtitle C--Mandatory Manual Audits
``Sec. 321. Requiring audits of results of elections.
``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 recount under State law
prior to certification.
``Sec. 328. Effective date.''.
SEC. 5. 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. 6. EFFECTIVE DATE.
Except as otherwise provided, this Act and the amendments made by
this Act shall apply with respect to the regularly scheduled general
election for Federal office in November 2008 and each succeeding
election for Federal office.
Union Calendar No. 91
110th CONGRESS
1st Session
H. R. 811
[Report No. 110-154]
_______________________________________________________________________
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.
_______________________________________________________________________
May 16, 2007
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed