[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 2295 Introduced in Senate (IS)]







110th CONGRESS
  1st Session
                                S. 2295

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 SENATE OF THE UNITED STATES

                            November 1, 2007

 Mr. Nelson of Florida (for himself and Mr. Whitehouse) introduced the 
 following bill; which was read twice and referred to the Committee on 
                        Rules and Administration

_______________________________________________________________________

                                 A BILL


 
To amend the Help America Vote Act of 2002 to require a voter-verified 
   permanent paper ballot under title III of such Act, and for other 
                               purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Voter Confidence and Increased 
Accessibility Act of 2007''.

SEC. 2. PROMOTING ACCURACY, INTEGRITY, AND SECURITY THROUGH VOTER-
              VERIFIED PERMANENT PAPER BALLOT.

    (a) Ballot Verification and Audit Capacity.--
            (1) In general.--Section 301(a)(2) of the Help America Vote 
        Act of 2002 (42 U.S.C. 15481(a)(2)) is amended to read as 
        follows:
            ``(2) Ballot verification and audit capacity.--
                    ``(A) 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, the term `individual, durable, 
                        voter-verified, paper ballot' includes (but is 
                        not limited to) 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 
                        nontabulating ballot marking device or system, 
                        or, in the case of an election held before 
                        2012, a paper ballot produced by a direct 
                        recording 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 a 
                                secure manner; or
                                    ``(II) in any other case, in a 
                                secure manner which is consistent with 
                                the manner employed by the jurisdiction 
                                for preserving paper 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), 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, including 
                nonvisual and enhanced visual accessibility for the 
                blind and visually impaired, 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 permanent paper ballot 
                        through the presentation, in accessible form, 
                        of the printed or marked vote selections from 
                        the same printed or marked information that 
                        would be used for any vote counting or 
                        auditing;
                            ``(II) ensures that the entire process of 
                        ballot verification and vote casting is 
                        equipped for individuals with disabilities, 
                        including nonvisual and enhanced visual 
                        accessibility for the blind and visually 
                        impaired; 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--
                            ``(i) which has not been certified by the 
                        State for use in the election; and
                            ``(ii) 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:
                            ``(i) In general.--The term `election-
                        dedicated voting system technology' means the 
                        following:
                                    ``(I) The source code used for the 
                                trusted build and its file signatures.
                                    ``(II) A complete disk image of the 
                                pre-build, build environment, and any 
                                file signatures to validate that it is 
                                unmodified.
                                    ``(III) A complete disk image of 
                                the post-build, build environment, and 
                                any file signatures to validate that it 
                                is unmodified.
                                    ``(IV) All executable code produced 
                                by the trusted build and any file 
                                signatures to validate that it is 
                                unmodified.
                                    ``(V) Installation devices and 
                                software file signatures.
                            ``(ii) Exclusion.--Such term does not 
                        include `commercial-off-the-shelf' software and 
                        hardware defined under under the 2005 voluntary 
                        voting system guidelines adopted by the 
                        Commission under section 222.
            ``(9) Prohibition of use of wireless communications devices 
        in voting systems.--No voting device upon which ballots are 
        programmed or votes are cast or tabulated 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 such 
        device 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.--
                    ``(A) In general.--No voting device upon which 
                ballots are programmed or votes are cast or tabulated 
                shall be connected to the Internet at any time.
                    ``(B) Rule of construction.--Nothing contained in 
                this paragraph shall be deemed to prohibit the 
                Commission from conducting the studies under section 
                242 or to conduct other similar studies under any other 
                provision of law in a manner consistent with this 
                paragraph.
            ``(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 
        places.--
                    ``(A) Requiring ballots to be offered and 
                provided.--
                            ``(i) In general.--The appropriate election 
                        official at each polling place in any 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 blank pre-printed paper ballot 
                        which the individual may mark by hand and which 
                        is not produced by the direct recording 
                        electronic voting machine. The official shall 
                        provide the individual with the ballot and the 
                        supplies necessary to mark the ballot.
                            ``(ii) Special rule for locations using dre 
                        voting systems.--In the case of a polling place 
                        that uses a direct recording electronic voting 
                        device, if the individual accepts the offer to 
                        cast the vote using a paper ballot, the 
                        official 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 by incorporating it into the 
                final unofficial vote count (as defined by the State) 
                for the precinct) and not as a provisional ballot, 
                unless the individual casting the ballot would have 
                otherwise been required to cast a provisional ballot.
                    ``(C) Posting of notice.--The appropriate election 
                official shall ensure there is prominently displayed at 
                each polling place a notice that describes the 
                obligation of the official to offer individuals the 
                opportunity to cast votes using a pre-printed blank 
                paper ballot.
                    ``(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 blank pre-printed paper ballot.''.
            (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) and 301(a)(12) of 
                the Help America Vote of 2002, as added or amended by 
                this subsection, in accordance with the deadlines 
                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 section $1,500,000 for each of 
fiscal years 2008 and 2009, 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 2008, $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 2008.--
                    ``(A) In general.--In the case of the requirements 
                payment made to a State for fiscal year 2008, 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 percent 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 
                        percent 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) 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 2008.--
            ``(1) In general.--Notwithstanding any other provision of 
        this part, a State is eligible to receive a requirements 
        payment for fiscal year 2008 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.''.
            (4) 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 after November 2004 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 upgrading or 
        replacing voting systems in a manner consistent with such 
        amendments (so long as the voting systems meet any of the 
        requirements that apply with respect to elections for Federal 
        office held in 2012 and each succeeding year).''.
            (5) 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.
            (6) Rule of construction regarding use of funds received in 
        prior years.--
                    (A) In general.--Nothing contained in this Act or 
                the Help America Vote Act of 2002 may be construed to 
                prohibit a State from using funds received under title 
                I or II of the Help America Vote Act of 2002--
                            (i) to purchase or acquire by other means a 
                        voting system that meets the requirements of 
                        paragraphs (2) and (3) of section 301 of the 
                        Help America Vote Act of 2002 (as amended by 
                        this Act); or
                            (ii) to retrofit a voting system so that it 
                        will meet such requirements,
                in order to replace or upgrade (as the case may be) 
                voting systems purchased with funds received under the 
                Help America Vote Act of 2002 that do not require the 
                use of or produce paper ballots.
                    (B) Waiver of notice and comment requirements.--The 
                requirements of subparagraphs (A), (B), and (C) of 
                section 254(a)(11) of the Help America Vote Act of 2002 
                shall not apply to any State using funds received under 
                such Act for the purposes described in clause (i) or 
                (ii) of subparagraph (A).
            (7) Effective date.--The amendments made by this subsection 
        shall apply with respect to fiscal years beginning with fiscal 
        year 2008.
    (e) Restriction on Use of Direct Recording Electronic Voting 
Systems.--Section 301 of such Act (42 U.S.C. 15481), as amended by this 
section, is amended--
            (1) by redesignating subsections (b) and (c) as subsections 
        (c) through (d), respectively; and
            (2) by inserting after subsection (a) the following new 
        subsection:
    ``(b) Restriction on Use of Direct Recording Electronic Voting 
Systems.--A direct recording electronic voting system may not be used 
to administer any election for Federal office held in 2012 or any 
subsequent year.''.
    (f) Effective Date For New Requirements.--Section 301(d) of such 
Act (42 U.S.C. 15481(d)), as redesignated by subsection (e), 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 2012 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 (or other printers which 
                                meet the requirements of paragraph 
                                (3)(B)(ii)(I) and (II) of subsection 
                                (a)) attached to such voting machines 
                                for the administration of elections for 
                                Federal office held in years before 
                                2012; 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 (or other voting machines 
                                which meet the requirements of this 
                                section) for the administration of 
                                elections for Federal office held in 
                                years before 2012.''.

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. The Attorney General shall immediately 
        provide a copy of a complaint filed under the previous sentence 
        to the entity responsible for administering the State-based 
        administrative complaint procedures described in section 402(a) 
        for the State involved.
            ``(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). The Attorney General shall immediately 
        provide a copy of the response made under the previous sentence 
        to the entity responsible for administering the State-based 
        administrative complaint procedures described in section 402(a) 
        for the State involved.
    ``(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 percent 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 and as set forth in the Comptroller General's Government 
Auditing Standards to ensure the independence (including the 
organizational independence) of entities performing financial audits, 
attestation engagements, and performance audits.
    ``(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 or equivalent locations (or 
        alternative audit units used in accordance with the method 
        provided under section 322(b)) 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 Personnel.--In administering the audits, the Election 
Auditor may utilize the services of the personnel of the State or 
jurisdiction, including election administration personnel and 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--
            ``(1) 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 that is responsible 
        under State law for the custody of the ballots; and
            ``(2) in the presence of the 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 National Institute of Standards and Technology, 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 
National Institute of Standards and Technology 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(e)(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(e)(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 2 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 percent 
        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(f) (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.
                                 <all>