[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5036 Introduced in House (IH)]







110th CONGRESS
  2d Session
                                H. R. 5036

 To direct the Administrator of General Services to reimburse certain 
 jurisdictions for the costs of obtaining paper ballot voting systems 
  for the general elections for Federal office to be held in November 
 2008, to reimburse jurisdictions for the costs incurred in conducting 
  audits or hand counting of the results of the general elections for 
  Federal office to be held in November 2008, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 17, 2008

   Mr. Holt (for himself, Mr. Tom Davis of Virginia, Mr. Wexler, Mr. 
 Emanuel, Mr. Conyers, Mr. Lewis of Georgia, Mrs. Maloney of New York, 
   Ms. Schakowsky, Mr. Waxman, Mr. George Miller of California, Mr. 
 Abercrombie, Mr. Inslee, Ms. Baldwin, Mr. Farr, Mr. Ryan of Ohio, Mr. 
Honda, Mr. Doggett, Mr. Blumenauer, Mr. Hare, Mr. Loebsack, Mr. Sires, 
 Mr. Frank of Massachusetts, Mr. Weiner, Mr. Berman, Mr. DeFazio, Ms. 
 Hirono, Mr. Grijalva, Mr. Davis of Illinois, Mr. Rothman, Mr. Olver, 
 Mr. Fattah, Mr. Doyle, Ms. Kaptur, Ms. Watson, Mr. Hinchey, Mr. Klein 
 of Florida, and Mr. Crowley) introduced the following bill; which was 
 referred to the Committee on House Administration, and in addition to 
      the Committee on Science and Technology, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
  of such provisions as fall within the jurisdiction of the committee 
                               concerned

_______________________________________________________________________

                                 A BILL


 
 To direct the Administrator of General Services to reimburse certain 
 jurisdictions for the costs of obtaining paper ballot voting systems 
  for the general elections for Federal office to be held in November 
 2008, to reimburse jurisdictions for the costs incurred in conducting 
  audits or hand counting of the results of the general elections for 
  Federal office to be held in November 2008, 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 ``Emergency Assistance for Secure 
Elections Act of 2008''.

SEC. 2. PAYMENTS TO CERTAIN JURISDICTIONS CONDUCTING 2008 GENERAL 
              ELECTIONS.

    (a) Reimbursement for Conversion to Paper Ballot Voting System.--
            (1) In general.--The Administrator of General Services 
        shall pay to each eligible jurisdiction an amount equal to the 
        sum of the following:
                    (A) The documented reasonable costs paid or 
                incurred by such jurisdiction to replace any voting 
                systems used to conduct the general elections for 
                Federal office held in November 2006 that did not use 
                or produce a paper ballot verified by the voter or a 
                paper ballot printout verifiable by the voter at the 
                time the vote is cast with paper ballot voting systems.
                    (B) The documented reasonable costs paid or 
                incurred by such jurisdiction to obtain non-tabulating 
                ballot marking devices that are accessible for 
                individuals with disabilities in accordance with the 
                requirements of section 301(a)(3) of the Help America 
                Vote Act of 2002.
                    (C) The documented reasonable costs paid or 
                incurred by such jurisdiction to obtain ballot marking 
                stations or voting booths for the protection of voter 
                privacy.
                    (D) The documented reasonable costs paid or 
                incurred by such jurisdiction to obtain paper ballots.
                    (E) The documented reasonable costs paid or 
                incurred by such jurisdiction to obtain precinct-based 
                equipment that tabulates paper ballots or scans paper 
                ballots.
                    (F) The documented reasonable administrative costs 
                paid or incurred by such jurisdiction that are 
                associated with meeting the requirements for an 
                eligible jurisdiction.
            (2) Eligible jurisdiction defined.--In this subsection, an 
        ``eligible jurisdiction'' means a jurisdiction that submits to 
        the Administrator (and, in the case of a county or equivalent 
        jurisdiction, provides a copy to the State), at such time and 
        in such form as the Administrator may require, an application 
        containing--
                    (A) assurances that the jurisdiction conducted 
                regularly scheduled general elections for Federal 
                office in November 2006 using (in whole or in part) a 
                voting system that did not use or produce a paper 
                ballot verified by the voter or a paper ballot printout 
                verifiable by the voter at the time the vote is cast;
                    (B) assurances that the jurisdiction will conduct 
                the regularly scheduled general elections for Federal 
                office to be held in November 2008 using only paper 
                ballot voting systems;
                    (C) assurances that the jurisdiction has obtained 
                or will obtain a sufficient number of non-tabulating 
                ballot marking devices that are accessible for 
                individuals with disabilities in accordance with the 
                requirements of section 301(a)(3) of the Help America 
                Vote Act of 2002;
                    (D) assurances that the jurisdiction has obtained 
                or will obtain a sufficient number of ballot marking 
                stations or voting booths for the protection of voter 
                privacy;
                    (E) assurances that the jurisdiction has obtained 
                or will obtain a sufficient number of paper ballots;
                    (F) such information and assurances as the 
                Administrator may require to make the determinations 
                under paragraph (1); and
                    (G) such other information and assurances as the 
                Administrator may require.
            (3) Determinations of reasonableness of costs.--The 
        determinations under paragraph (1) of whether costs paid or 
        incurred by a jurisdiction are reasonable shall be made by the 
        Administrator in consultation with the Election Assistance 
        Commission.
            (4) Paper ballot voting system defined.--In this 
        subsection, a ``paper ballot voting system'' means a voting 
        system that uses a paper ballot marked by the voter by hand or 
        a paper ballot marked by the voter with the assistance of a 
        non-tabulating ballot marking device described in paragraph 
        (1)(B).
    (b) Reimbursement for Provision of Emergency Paper Ballots by 
Jurisdictions Using Direct Recording Electronic Voting Systems.--
            (1) In general.--The Administrator shall pay to each 
        eligible jurisdiction an amount equal to the documented 
        reasonable costs paid or incurred by such jurisdiction to 
        obtain, deploy, and tabulate emergency paper ballots (and 
        related supplies and equipment) that may be used in the event 
        of the failure of a direct recording electronic voting system 
        in the regularly scheduled general elections for Federal office 
        to be held in November 2008.
            (2) Eligible jurisdiction defined.--In this subsection, an 
        ``eligible jurisdiction'' means a jurisdiction that submits to 
        the Administrator (and, in the case of a county or equivalent 
        jurisdiction, provides a copy to the State), at such time and 
        in such form as the Administrator may require, an application 
        containing--
                    (A) assurances that the jurisdiction will post, in 
                a conspicuous manner at all polling places at which a 
                direct recording electronic voting system will be used 
                in such elections, a notice stating that emergency 
                paper ballots are available at the polling place and 
                that a voter is entitled to use such a ballot upon the 
                failure of a voting system;
                    (B) assurances that the jurisdiction counts each 
                such emergency paper ballot cast by a voter as a 
                regular ballot cast in the election, and does not treat 
                it (for eligibility purposes) as a provisional ballot 
                under section 302(a) of the Help America Vote Act of 
                2002, unless the individual casting the ballot would 
                have otherwise been required to cast a provisional 
                ballot;
                    (C) such information and assurances as the 
                Administrator may require to make the determinations 
                under paragraph (1); and
                    (D) such other information and assurances as the 
                Administrator may require.
            (3) Determination of reasonableness of costs.--The 
        determinations under paragraph (1) of whether costs paid or 
        incurred by a jurisdiction are reasonable shall be made by the 
        Administrator in consultation with the Election Assistance 
        Commission.
    (c) Amounts.--There are authorized to be appropriated to the 
Administrator $500,000,000 for payments under this section. Any amounts 
appropriated pursuant to the authorization under this subsection shall 
remain available until expended.

SEC. 3. PAYMENTS FOR CONDUCTING MANUAL AUDITS OF RESULTS OF 2008 
              GENERAL ELECTIONS.

    (a) Payments.--
            (1) Eligibility for payments.--If a State, county, or 
        equivalent location conducts manual audits of the results of 
        any of the regularly scheduled general elections for Federal 
        office in November 2008 (and, at the option of the State or 
        jurisdiction involved, conducts audits of elections for State 
        and local office and State and local ballot initiatives and 
        referenda held at the same time as such election) in accordance 
        with the requirements of this section, the Administrator shall 
        make a payment to the State, county, or equivalent location in 
        an amount equal to the documented reasonable costs incurred by 
        the State, county, or equivalent location in conducting the 
        audits.
            (2) Certification of compliance and costs.--
                    (A) Certification required.--In order to receive a 
                payment under this section, a State, county, or 
                equivalent location shall submit to the Administrator 
                (and, in the case of a county or equivalent 
                jurisdiction, shall provide a copy to the State), in 
                such form as the Administrator may require, a statement 
                containing--
                            (i) a certification that the State, county, 
                        or equivalent location conducted the audits in 
                        accordance with all of the requirements of this 
                        section;
                            (ii) a statement of the reasonable costs 
                        incurred by the State, county, or equivalent 
                        location in conducting the audits; and
                            (iii) such other information and assurances 
                        as the Administrator may require.
                    (B) Amount of payment.--The amount of a payment 
                made to a State, county, or equivalent location under 
                this section shall be equal to the reasonable costs 
                incurred by the State, county, or equivalent location 
                in conducting the audits.
                    (C) Determination of reasonableness of costs.--The 
                determinations under this paragraph of whether costs 
                incurred by a State, county, or equivalent location are 
                reasonable shall be made by the Administrator in 
                consultation with the Election Assistance Commission.
            (3) Timing of payments.--The Administrator shall make the 
        payment required under this section to a State, county, or 
        equivalent location not later than 30 days after receiving the 
        statement submitted by the State, county, or equivalent 
        location under paragraph (2).
            (4) Authorization of appropriations.--There are authorized 
        to be appropriated to the Administrator $100,000,000 for 
        payments under this section. Any amounts appropriated pursuant 
        to the authorization under this subsection shall remain 
        available until expended.
    (b) Audits Described.--
            (1) In general.--An audit conducted in accordance with this 
        section is an audit administered by a State, county, or 
        equivalent location, without advance selection of the precincts 
        or notice of the precincts selected, consisting of the random 
        selection of precincts or alternative audit units to be audited 
        and hand counting of the votes cast on the paper ballots used 
        in the election (including paper ballot printouts verifiable by 
        the voter at the time the vote is cast) attributable to those 
        precincts or alternative audit units, and the comparison of the 
        results of those hand counts with the corresponding final 
        unofficial vote count (as defined by the State, county, or 
        equivalent location) of the votes cast in the election.
            (2) Completeness.--With respect to each precinct or 
        alternative audit unit audited in accordance with the method 
        selected under subsection (c)(2), the State, county, or 
        equivalent location shall ensure that a voter verified paper 
        ballot or paper ballot printout verifiable by the voter at the 
        time the vote is cast is available for every vote cast in the 
        precinct or alternative audit unit, and that the tally produced 
        by counting all of those paper ballots by hand is compared with 
        the corresponding final unofficial vote count (as defined by 
        the State, county, or equivalent location) announced with 
        respect to that precinct or audit unit in the election.
            (3) Determination of entity conducting audits; independence 
        standards.--An audit administered by a State, county, or 
        equivalent location in accordance with this section shall be 
        overseen by an entity selected for such purpose by the State, 
        county, or equivalent location in accordance with such criteria 
        as the State, county, or equivalent location considers 
        appropriate consistent with the requirements of this section, 
        except that the entity must meet a general standard of 
        independence as defined by the State, county, or equivalent 
        location.
            (4) References to election auditor.--In this section, the 
        term ``Election Auditor'' means, with respect to a State, 
        county, or equivalent location, the entity selected by the 
        State, county, or equivalent location under paragraph (3).
    (c) Number of Ballots Counted Under Audit.--
            (1) In general.--The hand counts of the paper ballots 
        administered by the Election Auditor of a State, county, or 
        equivalent location under this section with respect to an 
        election 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 paragraph (2)) in 
        which ballots were cast in the election.
            (2) Use of alternative sampling mechanism.--Notwithstanding 
        paragraph (1) (and subject to the completeness requirement set 
        forth in subsection (b)(2)), a State, county, or equivalent 
        location may adopt and apply an alternative sampling mechanism 
        to determine the number of paper ballots which will be subject 
        to hand counts in accordance with this section with respect to 
        an election, so long as the alternative sampling mechanism uses 
        the paper ballots verified by voters or paper ballot printouts 
        verifiable by voters at the time the vote is cast to conduct 
        the audit and the Director of the National Institute of 
        Standards and Technology or a panel of 3 independent 
        statisticians appointed by the Election Auditor of the State, 
        county, or equivalent jurisdiction determines that the 
        alternative sampling mechanism will be at least as 
        statistically effective in ensuring the accuracy of the 
        election results as the sample size specified under paragraph 
        (1).
    (d) Process For Administering Audits.--
            (1) In general.--The Election Auditor of a State, county, 
        or equivalent location shall oversee the administration of an 
        audit conducted under this section in accordance with the 
        following procedures:
                    (A) The Election Auditor shall commence the audit 
                within 48 hours after the State, county, or equivalent 
                location announces the final unofficial vote count (as 
                defined by the State, county, or equivalent location) 
                in each precinct in which votes are cast in the 
                election which is the subject of the audit.
                    (B) The Election Auditor shall complete the audit, 
                resolve discrepancies discovered in the audit, and 
                submit the audit report required under subsection 
                (f)(1), prior to the certification by the State, 
                county, or equivalent location of the results of the 
                election.
                    (C) Within each precinct or alternative audit unit, 
                and subject to the completeness requirement set forth 
                in subsection (b)(2), the audit shall include all 
                ballots (including absentee ballots in accordance with 
                the procedure set forth in subsection (e)(3) or 
                otherwise, early ballots, and provisional ballots) cast 
                by all individuals who voted in or are under the 
                jurisdiction of the precinct or alternative audit unit 
                with respect to which the audit takes place, without 
                regard to the time, place, or manner in which the votes 
                were cast.
            (2) Use of election personnel.--In administering the 
        audits, the Election Auditor may utilize the services of 
        jurisdiction personnel, including election administration 
        personnel and poll workers, without regard to whether or not 
        the personnel have professional auditing experience.
            (3) Location.--The Election Auditor shall administer an 
        audit conducted under this section at the location where the 
        ballots cast in the election are stored and counted after the 
        date of the election, or such other appropriate and secure 
        location agreed upon by the Election Auditor and the individual 
        who is responsible under State law for the custody of the 
        ballots, and in the presence of the personnel who under State 
        law are responsible for the custody of the ballots.
            (4) Additional audits if cause shown.--
                    (A) In general.--If the Election Auditor finds that 
                any of the hand counts administered under this section 
                do not match the final unofficial vote count of the 
                results of an election, the Election Auditor shall 
                oversee the administration of hand counts under this 
                section of such additional precincts (or equivalent 
                jurisdictions) as the Election Auditor considers 
                appropriate (in accordance with the procedures 
                described in subparagraph (B)) to resolve any concerns 
                resulting from the audit and ensure the accuracy of the 
                results.
                    (B) Establishment and publication of procedures 
                governing additional audits.--Prior to the date of the 
                regularly scheduled general election for Federal office 
                held in November 2008, a State, county, or equivalent 
                location shall establish and publish procedures for 
                carrying out the additional audits under this 
                subsection, including the means by which the State, 
                county, or equivalent location shall resolve any 
                concerns resulting from the audit with finality and 
                ensure the accuracy of the results.
            (5) Public observation of audits.--Each audit conducted 
        under this section shall be conducted in a manner that allows 
        public observation of the entire process, including reasonable 
        advance notice, sufficient to confirm but not interfere with 
        the proceedings.
    (e) Selection of Precincts.--
            (1) In general.--Except as provided in paragraph (3), the 
        selection of the precincts in the State, county, or equivalent 
        location in which the Election Auditor of the State, county, or 
        equivalent location shall oversee the administration of hand 
        counts in an audit conducted under this section shall be made 
        by the Election Auditor after the final unofficial vote count 
        (as defined by the State, county or equivalent location) has 
        been announced and on an entirely random basis using a uniform 
        distribution in which all precincts in the State, county, or 
        equivalent location have an equal chance of being selected, in 
        accordance with procedures adopted by the State, county, or 
        equivalent location, except that, consistent with the other 
        requirements of this paragraph, in the case of an audit 
        conducted by the State, at least one precinct or alternative 
        audit unit shall be selected at random in each county or 
        equivalent jurisdiction.
            (2) Public selection.--The random selection of precincts 
        under paragraph (1) shall be conducted in public, at a time and 
        place announced in advance.
            (3) Mandatory selection of precincts established 
        specifically for absentee ballots.--If a State, county, or 
        equivalent location 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, county, or equivalent location does 
        not make absentee ballots sortable by precinct and include 
        those ballots in the hand count administered with respect to 
        that precinct, subject to the completeness requirement set 
        forth in subsection (b)(2), the State, county, or equivalent 
        location may divide absentee ballots into audit units 
        approximately equal in size to the average precinct in the 
        State, county, or equivalent location in terms of the number of 
        ballots cast, and shall randomly select and include at least 3 
        percent of those audit units in the audit carried out in 
        accordance with this section.
            (4) Deadline for adoption of procedures.--Prior to the date 
        of the regularly scheduled general election for Federal office 
        held in November 2008, a State, county, or equivalent location 
        shall adopt and publish the procedures described in paragraph 
        (1).
    (f) Publication of Results.--As soon as practicable after the 
completion of an audit conducted under this section, the Election 
Auditor of a State, county, or equivalent location shall submit to the 
Administrator the results of the audit, and shall include in the 
submission a comparison of the results of the election attributable to 
the precinct or alternative audit unit as determined by the Election 
Auditor under the audit and the final unofficial vote count 
attributable to the precinct or alternative audit unit as announced by 
the State, county, or equivalent location 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 overseen by the Election Auditor and 
such final unofficial vote count and any explanation for such 
discrepancies, broken down by the types of ballots which were subject 
to the audit.
    (g) Reports by Administrator.--The Administrator shall publish 
promptly all reports on the results of audits conducted under this 
section that are submitted pursuant to this section.
    (h) Deadline for Approval of Alternative Ballot Sampling Methods by 
National Institute of Standards and Technology.--The Director of the 
National Institute of Standards and Technology shall, not later than 30 
days after receiving a request by a State, county, or equivalent 
location for approval of an alternative ballot sampling method under 
subsection (c)(2), respond to the State, county, or equivalent location 
with confirmation as to whether or not the method is at least as 
statistically effective in ensuring the accuracy of the election 
results as the procedure described in subsection (c)(1).

SEC. 4. PAYMENTS FOR CONDUCTING HAND COUNTS OF RESULTS OF 2008 GENERAL 
              ELECTIONS.

    (a) Payments.--
            (1) Eligibility for payments.--If a State, county, or 
        equivalent location tallies the results of any regularly 
        scheduled general election for Federal office in November 2008 
        by conducting a hand count of the votes cast on the paper 
        ballots used in the election (including paper ballot printouts 
        verifiable by the voter at the time the vote is cast) in 
        accordance with the requirements of this section, the 
        Administrator shall make a payment to the State, county, or 
        equivalent location in an amount equal to the documented 
        reasonable costs incurred by the State, county, or equivalent 
        location in conducting the hand counts.
            (2) Certification of compliance and costs.--
                    (A) Certification required.--In order to receive a 
                payment under this section, a State, county, or 
                equivalent location shall submit to the Administrator 
                (and, in the case of a county or equivalent 
                jurisdiction, shall provide a copy to the State), in 
                such form as the Administrator may require, a statement 
                containing--
                            (i) a certification that the State, county, 
                        or equivalent location conducted the hand 
                        counts in accordance with all of the 
                        requirements of this section;
                            (ii) a statement of the reasonable costs 
                        incurred by the State, county, or equivalent 
                        location in conducting the hand counts; and
                            (iii) such other information and assurances 
                        as the Administrator may require.
                    (B) Amount of payment.--The amount of a payment 
                made to a State, county, or equivalent location under 
                this section shall be equal to the reasonable costs 
                incurred by the State, county, or equivalent location 
                in conducting the hand counts.
                    (C) Determination of reasonableness of costs.--The 
                determinations under this paragraph of whether costs 
                incurred by a State, county, or equivalent location are 
                reasonable shall be made by the Administrator in 
                consultation with the Election Assistance Commission.
            (3) Timing of payments.--The Administrator shall make the 
        payment required under this section to a State, county, or 
        equivalent location not later than 30 days after receiving the 
        statement submitted by the State, county, or equivalent 
        location under paragraph (2).
            (4) Authorization of appropriations.--There are authorized 
        to be appropriated to the Administrator $30,000,000 for 
        payments under this section. Any amounts appropriated pursuant 
        to the authorization under this subsection shall remain 
        available until expended.
    (b) Hand Counts Described.--
            (1) In general.--A hand count conducted in accordance with 
        this section is a count of all of the paper ballots on which 
        votes were cast in the election (including paper ballot 
        printouts verifiable by the voter at the time the vote is 
        cast), including votes cast on an early, absentee, emergency, 
        and provisional basis, which is conducted by hand to determine 
        the winner of the election and is conducted without using 
        electronic equipment or software.
            (2) Completeness.--With respect to each jurisdiction in 
        which a hand count is conducted, the State, county, or 
        equivalent location shall ensure that a voter verified paper 
        ballot or paper ballot printout verifiable by the voter at the 
        time the vote is cast is available for every vote cast in the 
        jurisdiction.
    (c) Process for Conducting Hand Counts.--
            (1) In general.--In order to meet the requirements of this 
        section, a hand count of the ballots cast in an election shall 
        be conducted in accordance with the following procedures:
                    (A) On the date of the election, the jurisdiction 
                shall conduct an initial hand count of the ballots cast 
                in the election, using the ballots which are eligible 
                to be counted in the election as of the time the polls 
                are closed.
                    (B) Any ballot which is eligible to be counted in 
                the election but which is not included in the initial 
                count conducted under subparagraph (A), including a 
                provisional ballot cast by an individual who is 
                determined to be eligible to vote in the election or an 
                absentee ballot received after the date of the election 
                but prior to the applicable deadline under State law 
                for the receipt of absentee ballots, shall be subject 
                to a hand count in accordance with this section and 
                added to the tally conducted under subparagraph (A) not 
                later than 48 hours after the ballot is determined to 
                be eligible to be counted.
                    (C) The hand count shall be conducted by a team of 
                not fewer than 2 individuals who shall be witnessed by 
                at least one observer sitting at the same table with 
                such individuals. Except as provided in paragraph (2), 
                all such individuals shall be election officials of the 
                jurisdiction in which the hand count is conducted.
            (2) Use of other personnel.--An individual who is not an 
        election official of the jurisdiction in which a hand count is 
        conducted under this section may serve on a team conducting the 
        hand count or may serve as an observer of a team conducting the 
        hand count if the jurisdiction certifies that the individual 
        has completed such training as the jurisdiction deems 
        appropriate to conduct or observe the hand count (as the case 
        may be).
            (3) Location.--The hand counts conducted under this section 
        of the ballots cast in an election shall be conducted--
                    (A) in the case of ballots cast at a polling place 
                on the date of the election, at the polling place at 
                which the ballots were cast; or
                    (B) in the case of any other ballots, at the office 
                of the chief election official of the jurisdiction 
                conducting the hand count.
            (4) Information included in results.--Each hand count 
        conducted under this section shall produce the following 
        information with respect to the election:
                    (A) The vote tally for each candidate.
                    (B) The number of overvotes, undervotes, spoiled 
                ballots, and blank ballots cast (or their equivalents, 
                as defined by the State, county or equivalent 
                location).
                    (C) The number of write-in ballots and the names 
                written in on such ballots pursuant to State law.
                    (D) The total number of ballots cast.
                    (E) A record of judgement calls made regarding 
                voter intent.
            (5) Public observation of hand counts.--Each hand count 
        conducted under this section shall be conducted in a manner 
        that allows public observation of the entire process (including 
        the opening of the ballot boxes or removal of machine-printed 
        ballots from their containers, the sorting, counting, and 
        notation of results, and the announcement of final 
        determinations) sufficient to confirm but not interfere with 
        the proceedings.
            (6) Establishment and publication of procedures.--Prior to 
        the date of the regularly scheduled general election for 
        Federal office held in November 2008, a State, county, or 
        equivalent location shall establish and publish procedures for 
        carrying out hand counts under this subsection.
    (d) Announcement and Posting of Results.--Upon the completion of a 
hand count conducted under this section, the State, county, or 
equivalent location shall announce the results to the public and post 
them on a public Internet site.
    (e) Use of Hand Count in Certification of Results.--The State shall 
use the results of the hand count conducted under this section for 
purposes of certifying the results of the election involved. Nothing in 
this section may be construed to affect the application or operation of 
any State law governing the recount of the results of an election.

SEC. 5. STUDY, TESTING, AND DEVELOPMENT OF PRODUCTS AND PRACTICES TO 
              ENSURE ACCESSIBILITY OF PAPER BALLOT VERIFICATION AND 
              CASTING FOR CERTAIN INDIVIDUALS.

    (a) Study, Testing, and Development.--The Director of the National 
Institute of Standards and Technology (hereafter in this section 
referred to as the ``Director'') shall study, test, and develop 
products and practices that ensure the accessibility of paper ballot 
verification and casting for individuals with disabilities, for voters 
whose primary language is not English, and for voters with difficulties 
in literacy, including the mechanisms themselves and the processes 
through which the mechanisms are used.  In carrying out this 
subsection, 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, presenting or transmitting the information printed or 
marked on such ballots back to such individuals and voters in an 
accessible form, and enabling the voters to cast the ballots.
    (b) Report.--Not later than June 30, 2009, the Director shall 
submit a report to Congress on the results of the studying, testing, 
and development of products and practices under subsection (a).
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated to the Director to carry out this section $3,000,000, to 
remain available until expended.

SEC. 6. DEFINITIONS.

    In this Act--
            (1) the term ``Administrator'' means the Administrator of 
        General Services; and
            (2) the term ``State'' includes the District of Columbia, 
        the Commonwealth of Puerto Rico, Guam, American Samoa, and the 
        United States Virgin Islands.
                                 <all>