[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 3212 Introduced in Senate (IS)]







110th CONGRESS
  2d Session
                                S. 3212

 To amend the Help America Vote Act of 2002 to provide for auditable, 
 independent verification of ballots, to ensure the security of voting 
                    systems, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 26, 2008

 Mrs. Feinstein (for herself and Mr. Bennett) 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 provide for auditable, 
 independent verification of ballots, to ensure the security of voting 
                    systems, 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Bipartisan 
Electronic Voting Reform Act of 2008''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Independent verification of ballots.
Sec. 3. Audits.
Sec. 4. Election security.
Sec. 5. Testing and certification.
Sec. 6. Research and development.
Sec. 7. Reauthorization of requirements payments.
Sec. 8. Technical guidelines development committee.
Sec. 9. Prohibiting refusal to accept voter registration and absentee 
                            ballot applications and federal write-in 
                            absentee ballots for failure to meet 
                            nonessential requirements.
Sec. 10. Ballot layout design.

SEC. 2. INDEPENDENT VERIFICATION OF BALLOTS.

    (a) In General.--Clause (i) of section 301(a)(1)(A) of the Help 
America Vote Act of 2002 (42 U.S.C. 15481(a)(1)(A)(i)) is amended by 
inserting ``and, in the case of any voting system other than a voting 
system which uses paper ballots that are personally marked by the 
voter, in the manner provided in paragraph (7),'' after ``(in a private 
and independent manner''.
    (b) Method of Verification for Certain Voting Systems.--Section 
301(a) of the Help America Vote Act of 2002 (42 U.S.C. 15481(a)) is 
amended by adding at the end the following new paragraph:
            ``(7) Method of independent verification.--In order to meet 
        the requirements of paragraph (1)(A)(i) with respect to any 
        voting system to which this paragraph applies:
                    ``(A) In general.--The voting system shall provide 
                for verification of the votes selected by the voter by 
                a means that--
                            ``(i) is independent of the device on which 
                        the vote is cast; and
                            ``(ii) permits verification through the use 
                        of--
                                    ``(I) a paper record;
                                    ``(II) an electronic record;
                                    ``(III) an audio record;
                                    ``(IV) a video record;
                                    ``(V) a pictorial record; or
                                    ``(VI) another independently 
                                produced record.
                    ``(B) Audit capacity.--The final record used for 
                independent verification under subparagraph (A) for 
                each voter shall be auditable.
                    ``(C) Accessibility for individuals with 
                disabilities and language minorities.--Any method of 
                independent verification under subparagraph (A) shall--
                            ``(i) be accessible for individuals with 
                        disabilities, including nonvisual accessibility 
                        for the blind and visually impaired, in a 
                        manner that provides the same opportunity for 
                        access and participation (including privacy and 
                        independence) as for other voters; and
                            ``(ii) provide alternative language 
                        accessibility pursuant to the requirements of 
                        section 203 of the Voting Rights Act of 1965 
                        (42 U.S.C. 1973aa-1a).
                    ``(D) Voting systems to which this paragraph 
                applies.--The requirements of this paragraph apply to 
                any voting system other than--
                            ``(i) a voting system which uses paper 
                        ballots that are personally marked by the 
                        voter; and
                            ``(ii) a voting system purchased before 
                        January 1, 2009, in order to meet the 
                        requirements of paragraph (3)(B).''.
    (c) Effective Date.--Subsection (d) of section 301 of such Act (42 
U.S.C. 15481(d)) is amended--
            (1) by striking ``Each State'' and inserting the following:
            ``(1) In general.--Except as provided in paragraph (2), 
        each State''; and
            (2) by adding at the end the following new paragraph:
            ``(2) Independent verification provisions.--
                    ``(A) In general.--Each State and jurisdiction 
                shall be required to comply with the requirements of 
                paragraph (7) of subsection (a) on and after January 1, 
                2012.
                    ``(B) Waiver.--In the case of a State or 
                jurisdiction which is granted a waiver by the Election 
                Assistance Commission pursuant to this subparagraph, 
                subparagraph (A) shall be applied by substituting 
                `2014' for `2012'.''.

SEC. 3. AUDITS.

    (a) Purpose.--The purposes of this section are--
            (1) to ensure that each certificate of election awarded 
        under State law is justified by the vote totals;
            (2) to ensure that, even in elections where the results are 
        not close, individual votes are counted correctly; and
            (3) to provide information to election officials for the 
        improvement of election processes and technologies.
    (b) Mandatory Audits.--
            (1) In general.--Subtitle A of title III of the Help 
        America Vote Act of 2002 (42 U.S.C. 15481 et seq.) is amended 
        by redesignating sections 304 and 305 as sections 305 and 306, 
        respectively, and by inserting after section 303 the following 
        new section:

``SEC. 304. ELECTION AUDITS.

    ``(a) Audits.--
            ``(1) In general.--With respect to each election for 
        Federal office, each State shall conduct an audit.
            ``(2) Public participation.--Each audit under this section 
        shall be conducted in a public and transparent manner.
            ``(3) Audit reports.--
                    ``(A) State submission of report.--Each State shall 
                submit to the Commission a report, in such form as 
                provided by the Commission, on the results of the audit 
                conducted under this section.
                    ``(B) Publication.--The Commission shall publish 
                each report submitted under subparagraph (A) upon 
                receipt.
    ``(b) Effective Date.--Each State shall be required to comply with 
the requirements of this section on and after the date such State is 
required to comply with the requirements under section 301(a)(7).''.
            (2) Availability of enforcement under help america vote act 
        of 2002.--Section 401 of such Act (42 U.S.C. 15511) is amended 
        by striking ``and 303'' and inserting ``303, and 304''.
            (3) Clerical amendment.--The table of contents of the Help 
        America Vote Act of 2002 is amended by striking the items 
        relating to sections 304 and 305 and inserting the following:

``Sec. 304. Election audits.
``Sec. 305. Minimum requirements.
``Sec. 306. Methods of implementation left to discretion of State.''.
    (c) Requirements for State Plans.--Section 254(a) of the Help 
America Vote Act of 2002 (42 U.S.C. 15404(a)) is amended by adding at 
the end the following new paragraph:
            ``(14) A description of the audit procedures that will be 
        used by the State for the purpose of conducting audits under 
        section 304(a).''.
    (d) Model Audit Guidelines.--
            (1) In general.--Subtitle A of title II of the Help America 
        Vote Act of 2002 (42 U.S.C. 15321 et seq.) is amended by adding 
        at the end the following new part:

                   ``PART 4--MODEL AUDIT GUIDELINES.

``SEC. 223. AUDIT GUIDELINES DEVELOPMENT TASK FORCE.

    ``(a) Establishment.--The Commission shall establish an Audit 
Guidelines Development Task Force (hereafter in this part referred to 
as the `Task Force').
    ``(b) Membership.--
            ``(1) In general.--The Task Force shall be composed of 
        individuals who are experts in such fields as election audits, 
        physical security of ballots, recounts, computer technology, 
        and election management. The composition of the Task Force 
        shall (to the extent possible) reflect the demographic 
        composition of the voting age population of the United States.
            ``(2) Consultation.--The Commission shall consult with the 
        Director of the National Institute of Standards and 
        Technologies on--
                    ``(A) the composition of the Task Force; and
                    ``(B) the appointment of members to the Task Force.
    ``(c) Duties.--
            ``(1) In general.--The Task Force shall assist the 
        Commission in developing model audit guidelines for 
        administrative and procedural practices to ensure efficient, 
        transparent, and accurate audits of Federal elections. Such 
        guidelines shall include best practices with respect to 
        auditing Federal elections using the following independently 
        verified records under section 301(a)(7):
                    ``(A) Paper records.
                    ``(B) Electronic records.
                    ``(C) Audio records.
                    ``(D) Video records.
                    ``(E) Pictorial records.
                    ``(F) Other independently produced records.
            ``(2) Deadline for initial set of recommendations.--The 
        Task Force shall provide its first set of recommendations under 
        this section to the Executive Director of the Commission not 
        later than 1 year after the Task Force is established.
    ``(d) Considerations.--In developing the model audit guidelines 
under subsection (c), the Task Force shall consider--
            ``(1) the time, place, and manner for conducting audits;
            ``(2) processes for completing manual audits of 
        independently verified records under section 301(a)(7) 
        comparing such records with vote tallies;
            ``(3) the cost and burden on local election officials of 
        conducting an audit;
            ``(4) the personnel and management requirements of 
        conducting audits;
            ``(5) recommended protocols for auditing the security of 
        elections, including chain of custody protocols, the 
        maintenance, security, and accuracy of voter registration 
        lists, and other procedures; and
            ``(6) the interaction of audits with State laws, including 
        laws pertaining to recounts.
    ``(e) Publication of Report.--The Task Force shall make its 
recommendations to the Commission public upon delivering them to the 
Commission.

``SEC. 224. PROCESS FOR ADOPTION.

    ``The Commission shall provide for publication of the 
recommendations from the Task Force, an opportunity for public comment 
on the proposed model audit guidelines, and an opportunity for a public 
hearing on the record. Final model audit guidelines shall be adopted by 
the Commission after a majority vote of the members of the 
Commission.''.
            (2) Technical amendment.--Section 202 of such Act (42 
        U.S.C. 15322) is amended by striking ``and'' at the end of 
        paragraph (5), by striking the period at the end of paragraph 
        (6) and inserting ``; and'', and by adding at the end the 
        following new paragraph:
            ``(7) carrying out the duties described in part 4 (relating 
        to the adoption of model audit guidelines), including the 
        maintenance of a clearinghouse of information on the 
        experiences of State and local governments in implementing the 
        guidelines and in conducting audits in general.''.
            (3) Clerical amendment.--The table of contents of such Act 
        is amended by inserting after the item relating to section 222 
        the following:

                    ``Part 4--Model Audit Guidelines

``Sec. 223. Audit Guidelines Development Task Force.
``Sec. 224. Process for adoption.''.

SEC. 4. ELECTION SECURITY.

    (a) Chain of Custody Protocols and Disclosure.--
            (1) In general.--Section 301(a) of the Help America Vote 
        Act of 2002 (42 U.S.C. 15481(a)), as amended by section 2(a), 
        is amended by adding at the end the following new paragraphs:
            ``(8) Chain of custody protocols.--No voting system may be 
        used in an election for Federal office unless the chain of 
        custody for the handling of all voting systems, technologies, 
        and other innovations used in connection with voting systems 
        for independent verification and for other voting processes and 
        purposes (including ballots and independently verified records 
        under section 301(a)(7)) is documented by State election 
        officials, under standards developed by the State, and made 
        available to the Commission upon request.
            ``(9) Disclosure.--
                    ``(A) Disclosure of election-dedicated software.--
                            ``(i) In general.--No voting system shall 
                        at any time contain or use any election-
                        dedicated software unless such software has 
                        been disclosed as provided under clause (ii).
                            ``(ii) Disclosure.--Software disclosed 
                        under this subparagraph shall be disclosed to 
                        the Commission and to any State using such 
                        voting system in electronic form and shall 
                        include such information as is necessary to 
                        assess the integrity and efficacy of such 
                        software.
                    ``(B) Disclosure of other software.--No voting 
                system shall at any time contain or use any software 
                other than election-dedicated software unless the 
                manufacturer of such software discloses in electronic 
                form such information as the Commission determines 
                appropriate to the Commission, the National Institute 
                of Standards and Technology, and the Chief State 
                election official of any State using such voting 
                system.
                    ``(C) Timing of disclosure.--Any disclosure 
                required under subparagraph (A) or (B) shall be made 
                before any voting system containing such software is 
                used in an election for Federal office, except that in 
                the case of software additions or patches which are 
                necessary for the secure and proper functioning of the 
                voting system and the disclosure of which cannot be 
                made in adequate time prior to the election, such 
                disclosure shall be made in a reasonable period of time 
                after the election.
                    ``(D) Storage of software.--The Commission shall 
                transmit the information disclosed under subparagraphs 
                (A) and (B) to an entity selected by the National 
                Institute of Standards and Technology, in consultation 
                with the Commission.
                    ``(E) Use of information.--
                            ``(i) In general.--Information disclosed 
                        under this paragraph may not be provided to any 
                        person except as provided in this subparagraph.
                            ``(ii) Disclosure to governmental 
                        entities.--Information disclosed under this 
                        paragraph may be provided to the Commission, 
                        the National Institute of Standards and 
                        Technology, the Chief State election official 
                        of any State using such electronic voting 
                        software in a voting system, or any other 
                        Federal or State governmental entity 
                        responsible for the administration or 
                        enforcement of election laws, but only for the 
                        purposes of administering or enforcing election 
                        laws, or for review, analysis, and reporting as 
                        provided in subparagraphs (F) and (G).
                            ``(iii) Disclosure to parties in 
                        litigation.--Information disclosed under this 
                        paragraph may be provided to a party involved 
                        in litigation with respect to an election in 
                        which such electronic voting software is used, 
                        but only if such information is disclosed--
                                    ``(I) pursuant to the order of a 
                                judge after a showing--
                                            ``(aa) of need; and
                                            ``(bb) that such 
                                        information is directly related 
                                        to the litigation; and
                                    ``(II) to all parties involved in 
                                such litigation.
                        Information disclosed under this clause may 
                        only be disclosed to the extent necessary for 
                        the review and analysis of such information (as 
                        provided in subparagraphs (F) and (G)) for use 
                        in such litigation.
                            ``(iv) Disclosure to other persons.--
                        Information disclosed under this paragraph may 
                        be provided to independent technical experts 
                        and other persons and entities consistent with 
                        standards established by the Commission, but 
                        only for purposes of reviewing, analyzing, and 
                        reporting on the operation of such software as 
                        provided in subparagraphs (F) and (G).
                    ``(F) Scope of review, analysis, and reporting.--
                The review, analysis, and reporting of software 
                permitted under subparagraph (E) may only consist of 
                the following:
                            ``(i) In the case of election-dedicated 
                        software, performing review and analysis of the 
                        software, disclosing reports and analysis that 
                        describe operational issues (including 
                        vulnerabilities to tampering, errors, risks 
                        associated with use, failures as a result of 
                        use, and other operational issues), and 
                        describing or explaining why or how a voting 
                        system failed or otherwise did not perform as 
                        intended, but only if the information published 
                        does not compromise the integrity of the 
                        software or result in the disclosure of trade 
                        secrets or other confidential commercial 
                        information, or violate intellectual property 
                        rights in such software.
                            ``(ii) In the case of software other than 
                        election-dedicated software, performing review 
                        and analysis of the software, and issuing 
                        reports that describe operational issues, but 
                        only if the information published does not 
                        compromise the integrity of the software or 
                        result in the disclosure of trade secrets or 
                        other confidential commercial information, or 
                        violate intellectual property rights in such 
                        software.
                    ``(G) Protection of information provided through 
                disclosure.--Any recipient of information disclosed 
                under this paragraph--
                            ``(i) shall not compromise the integrity of 
                        the software with respect to which such 
                        information relates;
                            ``(ii) shall not disclose any trade secrets 
                        or other confidential commercial information 
                        with respect to such software; and
                            ``(iii) shall not violate any intellectual 
                        property rights in such software.
                The Commission shall develop a process with 
                manufacturers and holders of intellectual property to 
                ensure compliance with the requirements of this 
                subparagraph.
                    ``(H) Election-dedicated software.--For purposes of 
                this paragraph, the term `election-dedicated software' 
                means software that--
                            ``(i) is specifically designed for use 
                        primarily in a voting system; or
                            ``(ii) has been specifically modified for 
                        use primarily in a voting system, but only to 
                        the extent of such modification.''.
            (2) Effective date.--Section 301(d)(2)(A) of such Act, as 
        added by section 2(c), is amended by striking ``paragraph (7)'' 
        and inserting ``paragraphs (7), (8), and (9)''.
    (b) Minimum Standards To Ensure Integrity of Voting Process and 
Education and Training of Poll Workers.--Section 254(a) of such Act (42 
U.S.C. 15404(a)), as amended by section 3(c), is amended by adding at 
the end the following new paragraph:
            ``(15) How the State will establish minimum standards with 
        respect to--
                    ``(A) ensuring the integrity of the voting process 
                at the polling place on Election Day (which may include 
                standards with respect to chain of custody, parallel 
                testing of voting systems, routine inspections of 
                polling places for the use of appropriate polling 
                procedures, and other processes); and
                    ``(B) the education and training of poll workers 
                (which may include standards with respect to Federal 
                and State law requirements, voting systems, the 
                provision of contact information, and other 
                processes).''.
    (c) Contingency Plans.--Section 254(a) of such Act (42 U.S.C. 
15404(a)), as amended by subsection (b), is amended by adding at the 
end the following new paragraph:
            ``(16) How the State will provide for contingency plans in 
        the event of voting system failures and other events, such as 
        national or State emergencies, that may impact the results of 
        an election for Federal office, including--
                    ``(A) how the State will ensure the integrity of 
                the voting process on election day--
                            ``(i) at the polling place (which may 
                        include the use of emergency ballots by means 
                        of a paper record, an electronic record, an 
                        audio record, a video record, a pictorial 
                        record, or another independently produced 
                        record); and
                            ``(ii) at any place other than the polling 
                        place;
                    ``(B) if the State provides for the use of 
                emergency paper ballots, how the State will comply with 
                the accessibility requirements for individuals with 
                disabilities under section 301(a)(3)(A) and the 
                alternative language accessibility requirements under 
                section 301(a)(4); and
                    ``(C) the selection of polling locations that are 
                best able to manage voting system failures and other 
                events that may impact the election.''.
    (d) Voluntary Voting System Guidelines.--Section 222 of such Act 
(42 U.S.C. 15362) is amended by adding at the end the following new 
subsection:
    ``(f) 2007 Guidelines.--The 2007 Voluntary Voting System Guidelines 
shall be the voluntary voting system guidelines referred to in this 
part as of the date such guidelines are adopted by the Commission under 
subsection (d). Nothing in the preceding sentence shall be construed to 
limit the authority of the Development Committee or the Commission to 
modify such guidelines or to issue new guidelines or 
recommendations.''.

SEC. 5. TESTING AND CERTIFICATION.

    (a) In General.--Section 231(b) of the Help America Vote Act of 
2002 (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. The Commission shall 
                ensure such disclosure does not include any trade 
                secrets or confidential information and does not 
                violate intellectual property rights.
            ``(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 
                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 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 such 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 such system 
                        for 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 
                system submitted for testing and the payment from a 
                manufacturer required under subparagraph (C), the 
                Commission shall select at random, to the greatest 
                extent possible, from all laboratories which are 
                accredited under this section, a 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 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.--The Commission shall 
                disseminate to the public the identification of the 
                laboratory which carried out the testing.
                    ``(B) Laboratories with accreditation revoked or 
                suspended.--If the Commission revokes, terminates, or 
                suspends the accreditation of a laboratory under this 
                section, or if the Commission has credible evidence of 
                significant security failures at accredited 
                laboratories, the Commission shall promptly notify 
                Congress, the chief State election official of each 
                State, and the public.''.
    (b) Conforming Amendments.--Section 231 of such Act (42 U.S.C. 
15371) is further amended--
            (1) 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.'';
            (2) 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 such hardware.'';
            (3) in subsection (b)(1), by striking ``testing, 
        certification, decertification, and recertification'' and 
        inserting ``testing''; and
            (4) in subsection (d), by striking ``testing, 
        certification, decertification, and recertification'' each 
        place it appears and inserting ``testing''.
    (c) Deadline for Establishment of Standards and Escrow Account.--
The Election Assistance Commission shall establish the standards 
described in section 231(b)(3) of the Help America Vote Act of 2002 and 
the Testing Escrow Account described in section 231(b)(4) of such Act 
(as added by subparagraph (A)) not later than than 6 months after the 
date of the enactment of this Act.

SEC. 6. RESEARCH AND DEVELOPMENT.

    (a) Grants for the Development and Testing of New Voting Systems, 
Technologies, and Innovations.--
            (1) In general.--Subtitle C of title II of the Help America 
        Vote Act of 2002 (42 U.S.C. 15321 et seq.) is amended by adding 
        at the end the following new section:

``SEC. 248. GRANTS FOR THE DEVELOPMENT AND TESTING OF NEW VOTING 
              SYSTEMS, TECHNOLOGIES, AND INNOVATIONS.

    ``(a) In General.--The Commission shall, in consultation with the 
National Institute of Standards and Technology, make grants to 
qualified academic and research institutions for the development and 
testing of new voting systems, technologies, and innovations for 
purposes of meeting the independent verification requirements under 
section 301(a)(7).
    ``(b) Eligibility.--An academic and research institution is 
eligible to receive a grant under this section if it submits an 
application to the Commission at such time, in such form, and 
containing such information and certifications as the Commission may 
require.
    ``(c) Providing for a Peer-Review Process.--Each academic and 
research institute which receives a grant under this section shall 
ensure that there is a process for peer review of the activities 
carried out with the funds provided under the grant.
    ``(d) Applicability of Regulations Governing Patent Rights in 
Inventions Made With Federal Assistance.--Any invention made by the 
recipient of a grant under this section using funds provided under this 
section shall be subject to chapter 18 of title 35, United States Code 
(relating to patent rights in inventions made with Federal assistance).
    ``(e) Report.--
            ``(1) In general.--Each academic and research institution 
        which receives a grant under this section shall submit to the 
        Commission a report describing the activities carried out with 
        the funds provided under the grant.
            ``(2) Deadline.--An academic and research institution shall 
        submit a report required under paragraph (1) not later than 6 
        months after the end of the fiscal year for which the entity 
        received the grant which is the subject of the report.
    ``(f) Authorization of Appropriations.--
            ``(1) In general.--There are authorized to be appropriated 
        for grants under this section $15,000,000 for fiscal year 2009 
        and such sums as may be necessary for succeeding fiscal years.
            ``(2) Availability of funds.--Amounts appropriated pursuant 
        to the authorization under this subsection shall remain 
        available, without fiscal year limitation, until expended.''.
            (2) Clerical amendment.--The table of contents of such Act 
        is amended by inserting after the item relating to section 247 
        the following new item:

``Sec. 248. Grants for the development and testing of new voting 
                            systems, technologies, and innovations.''.
    (b) Pilot Program for Testing and Analyzing the Performance of New 
Voting Systems, Technologies, and Innovations.--
            (1) In general.--Subtitle C of title II of the Help America 
        Vote Act of 2002 (42 U.S.C. 15321 et seq.), as amended by 
        subsection (a), is amended by adding at the end the following 
        new section:

``SEC. 249. PILOT PROGRAM FOR TESTING AND ANALYZING THE PERFORMANCE OF 
              NEW VOTING SYSTEMS, TECHNOLOGIES, AND INNOVATIONS.

    ``(a) In General.--The Commission shall, in consultation with the 
National Institute of Standards and Technology, make grants to carry 
out pilot programs under which new voting systems, technologies, and 
other innovations are tested and the performance of such systems, 
technologies, and innovations is evaluated with respect to the 
independent verification requirements under section 301(a)(7).
    ``(b) Eligibility.--An entity is eligible to receive a grant under 
this part if it submits an application to the Commission at such time, 
in such form, and containing such information and certifications as the 
Commission may require.
    ``(c) Providing for a Peer-Review Process.--Each entity which 
receives a grant under this section shall ensure that there is a 
process for peer review of the activities carried out with the funds 
provided under the grant.
    ``(d) Applicability of Regulations Governing Patent Rights in 
Inventions Made With Federal Assistance.--Any invention made by the 
recipient of a grant under this section using funds provided under this 
section shall be subject to chapter 18 of title 35, United States Code 
(relating to patent rights in inventions made with Federal assistance).
    ``(e) Report.--
            ``(1) In general.--Each entity which receives a grant under 
        this section shall submit to the Commission a report describing 
        the activities carried out with the funds provided under the 
        grant.
            ``(2) Deadline.--An entity shall submit a report required 
        under paragraph (1) not later than 6 months after the end of 
        the fiscal year for which the entity received the grant which 
        is the subject of the report.
    ``(f) Authorization of Appropriations.--
            ``(1) In general.--There are authorized to be appropriated 
        for grants under this section $15,000,000 for fiscal year 2009 
        and such sums as may be necessary for succeeding fiscal years.
            ``(2) Availability of funds.--Amounts appropriated pursuant 
        to the authorization under this subsection shall remain 
        available, without fiscal year limitation, until expended.''.
            (2) Clerical amendment.--The table of contents for such 
        Act, as amended by subsection (a), is amended by inserting 
        after the item relating to section 248 the following new item:

``Sec. 249. Pilot program for testing and analyzing the performance of 
                            new voting systems, technologies, and 
                            innovations.''.

SEC. 7. REAUTHORIZATION OF REQUIREMENTS PAYMENTS.

    (a) Task Force on Requirements Payment Amounts.--
            (1) In general.--Part 1 of subtitle D of such Act (42 
        U.S.C. 15401 et seq.) is amended by adding at the end the 
        following new section:

``SEC. 259. TASK FORCE ON REQUIREMENTS PAYMENTS.

    ``(a) Establishment.--The Commission shall establish a task force 
to study and develop recommendations regarding the appropriate level of 
funding for requirements payments under this part (hereafter in this 
part referred to as the `Task Force').
    ``(b) Membership.--The Task Force shall be composed of members 
selected by the Commission, in consultation with the Technical 
Guidelines Development Committee, the Standards Board, and the Board of 
Advisors.
    ``(c) Reports.--The Task Force shall submit, not less frequently 
than annually, to the Committee on Rules and Administration of the 
Senate and the Committee on House Administration of the House of 
Representatives reports on the recommendations developed under 
subsection (a).''.
            (2) Clerical amendment.--The table of contents for such Act 
        is amended by inserting after the item relating to section 258 
        the following new item:

``Sec. 259. Task force on requirements payments.''.
    (b) Sense of the Senate Relating to Amounts Appropriated for 
Requirements Payments.--It is the sense of the Senate that in 
appropriating amounts to fund requirements payments under part 1 of 
subtitle D of title II of the Help America Vote Act of 2002 (42 U.S.C. 
15401 et seq.), Congress should--
            (1) appropriate amounts sufficient to ensure that States 
        and jurisdictions are able to meet the requirements of title 
        III of such Act (42 U.S.C. 15481 et seq.); and
            (2) take into consideration the funding levels recommended 
        by the task force on requirements payments under section 259 of 
        such Act (as added by subsection (a)).
    (c) Reauthorization.--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 2010 and each year thereafter, such 
        sums as may be necessary.''.
    (d) Reports.--Section 258 of such Act (42 U.S.C. 15408) is 
amended--
            (1) by striking ``Not later'' and inserting the following:
    ``(a) In General.--Not later''; and
            (2) by adding at the end the following new subsections:
    ``(b) Model Reports.--The Commission shall develop a model 
expenditure and receipts report for use by States in filing reports 
under this section.
    ``(c) Reports to Congress.--The Commission shall submit to the 
Committee on Rules of the Senate and the Committee on House 
Administration of the House of Representatives an annual report 
summarizing the expenditures, receipts, and activities reported by each 
State under subsection (a).''.

SEC. 8. TECHNICAL GUIDELINES DEVELOPMENT COMMITTEE.

    Section 221(c)(1) of the Help America Vote Act of 2002 (42 U.S.C. 
15361(c)(1)) is amended--
            (1) in the matter preceding subparagraph (A), by striking 
        ``14'' and inserting ``16'';
            (2) by redesignating subparagraph (E) as subparagraph (G); 
        and
            (3) by inserting after subparagraph (D) the following new 
        subparagraphs:
                    ``(E) A representative of the voting system 
                manufacturing industry.
                    ``(F) A representative of the voting system 
                accessibility and usability sector.''.

SEC. 9. PROHIBITING REFUSAL TO ACCEPT VOTER REGISTRATION AND ABSENTEE 
              BALLOT APPLICATIONS AND FEDERAL WRITE-IN ABSENTEE BALLOTS 
              FOR FAILURE TO MEET NONESSENTIAL REQUIREMENTS.

    (a) Voter Registration and Absentee Ballot Applications.--Section 
102 of the Uniformed and Overseas Citizens Absentee Voting Act (42 
U.S.C. 1973ff-1) is amended by adding at the end the following new 
subsection:
    ``(e) Prohibiting Refusal To Accept Applications for Failure To 
Meet Nonessential Requirements.--A State shall accept and process any 
otherwise valid voter registration application or absentee ballot 
application (including the official post card form prescribed under 
section 101) submitted in any manner by an absent uniformed services 
voter or overseas voter that contains the information required on the 
official post card form prescribed under section 101 (other than 
information which the Presidential designee, in consultation with the 
Election Assistance Commission, determines, under regulations 
promulgated by the Presidential designee, is not clearly necessary to 
prevent fraud in the conduct of elections).''.
    (b) Federal Write-in Absentee Ballot.--Section 103 of such Act (42 
U.S.C. 1973ff-2) is amended--
            (1) by redesignating subsection (f) as subsection (g); and
            (2) by inserting after subsection (e) the following new 
        subsection:
    ``(f) Prohibiting Refusal To Accept Ballot for Failure To Meet 
Nonessential Requirements.--A State shall accept and process any 
otherwise valid Federal write-in absentee ballot submitted in any 
manner by an absent uniformed services voter or overseas voter that 
contains the information required to be submitted with such ballot by 
the Presidential designee (other than information which the 
Presidential designee, in consultation with the Election Assistance 
Commission, determines, under regulations promulgated by the 
Presidential designee, is not clearly necessary to prevent fraud in the 
conduct of elections).''.

SEC. 10. BALLOT LAYOUT DESIGN.

    Section 254(a) of the Help America Vote Act of 2002 (42 U.S.C. 
15404(a)), as amended by section 4, is amended by adding at the end the 
following new paragraph:
            ``(17) A description of the efforts the State will make to 
        assist State and local election officials in improving ballot 
        design, taking into consideration best practices, including 
        best practices developed by the Commission.''.
                                 <all>