[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 3722 Introduced in Senate (IS)]







110th CONGRESS
  2d Session
                                S. 3722

 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

            December 8 (legislative day, November 20), 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.--
            (1) In general.--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).
                    ``(E) Clarification.--For purposes of this 
                paragraph, a paper record which is produced by the 
                device on which a vote is cast shall be considered 
                independent of such device.''.
            (2) Innovative approaches to vote verification.--
                    (A) Recommendations.--Section 221 of such Act (42 
                U.S.C. 15361) is amended--
                            (i) by redesignating subsection (f) as 
                        subsection (g); and
                            (ii) by inserting after subsection (e) the 
                        following new subsection:
    ``(f) Innovative Approaches to Vote Verification.--
            ``(1) Development of recommendations.--The Development 
        Committee, with technical support provided by the National 
        Institute of Standards and Technology under subsection (e), 
        shall develop recommendations for the use of innovative 
        approaches for the verification of votes under section 
        301(a)(7)(A)(ii).
            ``(2) Considerations.--In developing recommendations under 
        this subsection, the Development Committee may consider--
                    ``(A) best scientific practices and technical 
                knowledge; and
                    ``(B) the results of any development, testing, or 
                analysis conducted under a grant made under section 248 
                or 249.
            ``(3) Deadline for initial set of recommendations.--The 
        Development Committee shall provide its first set of 
        recommendations under this subsection to the Executive Director 
        of the Commission not later than 2 years after the date of 
        enactment of the Bipartisan Electronic Voting Reform Act of 
        2008.
            ``(4) Annual reports.--Not later than 1 year after such 
        date of enactment, and annually thereafter, the Commission 
        shall submit a report to Congress on the process, progress, and 
        the costs of implementation of innovative approaches for the 
        verification of votes under section 301(a)(7)(A)(ii).''.
                    (B) Process for adoption.--Section 222(b)(1) of 
                such Act (42 U.S.C. 15362(b)(1)) is amended by 
                inserting ``, including any recommendations provided by 
                the Technical Guidelines Development Committee under 
                section 221(f)'' before the period at the end.
    (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, 
                2013.
                    ``(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 
                `2015' for `2013'.''.

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 Technology 
        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.--
                    ``(A) In general.--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.
                    ``(B) Consideration of relevant guidance.--The 
                Commission shall encourage States to take into 
                consideration any relevant voluntary guidance adopted 
                by the Commission under subtitle B in developing 
                standards under subparagraph (A).
            ``(9) Disclosure.--
                    ``(A) Disclosure of election-dedicated software.--
                No voting system used in an election for Federal office 
                shall at any time contain or use any software unless 
                the State using such voting system discloses a State-
                certified copy of the software (including executable 
                code and source code) to the Commission. The software 
                shall be disclosed in a form and manner prescribed by 
                the Commission, 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.
                    ``(B) Storage of software.--The Commission shall 
                provide for the storage of software disclosed under 
                this paragraph.
                    ``(C) Use of information.--Software disclosed to 
                the Commission under this paragraph may only be 
                provided to--
                            ``(i) the National Institute of Standards 
                        and Technology; and
                            ``(ii) the Voting System Software Review 
                        Committee established under subparagraph (D), 
                        for purposes of conducting reviews under such 
                        subparagraph.
                    ``(D) Voting system software review committee.--
                            ``(i) Establishment.--The National 
                        Institute of Standards and Technology shall 
                        establish a Voting System Software Review 
                        Committee (hereinafter in this subparagraph 
                        referred to as the `committee'), which shall 
                        review voting system software that has not been 
                        certified by the Commission under section 231.
                            ``(ii) Members.--The committee shall be 
                        composed of members appointed by the Director 
                        of the National Institute of Standards and 
                        Technology, in consultation with the 
                        Commission, from among academic and industry 
                        experts.
                            ``(iii) Vacancies.--A vacancy on the 
                        committee--
                                    ``(I) shall not affect the powers 
                                of the committee; and
                                    ``(II) shall be filled in the same 
                                manner as the original appointment was 
                                made.
                            ``(iv) Appointment.--Members of the 
                        committee shall be appointed as special 
                        Government employees for purposes of section 
                        202(a) of title 18, United States Code.
                            ``(v) Status as permanent committee.--
                        Section 14 of the Federal Advisory Committee 
                        Act (5 U.S.C. App. 2) shall not apply to the 
                        committee.
                            ``(vi) Conduct of reviews.--
                                    ``(I) In general.--The committee 
                                shall review voting system software 
                                that has not been certified by the 
                                Commission under section 231 (and the 
                                voting system which contains such 
                                software, if provided) upon request 
                                by--
                                            ``(aa) the chief State 
                                        election official of a State; 
                                        or
                                            ``(bb) the Commission.
                                    ``(II) Scope of review.--The review 
                                conducted under subclause (I) shall be 
                                sufficient to address any issues raised 
                                by the chief State election official or 
                                the Commission, as applicable.
                                    ``(III) Access to information.--The 
                                Commission shall provide software 
                                disclosed by States under subparagraph 
                                (A) to the National Institute of 
                                Standards and Technology and, upon 
                                request by the committee, to the 
                                committee. The committee may request 
                                and use such software solely for 
                                purposes of conducting reviews under 
                                this subparagraph. The committee may, 
                                through the National Institute of 
                                Standards and Technology, request that 
                                a State provide the committee with 
                                access to voting system hardware as 
                                necessary for purposes of conducting 
                                such reviews.
                                    ``(IV) Petition for reviews.--The 
                                committee may petition the Commission 
                                to request a review under subclause 
                                (I)(bb).
                            ``(vii) Reports.--
                                    ``(I) In general.--The committee 
                                shall submit a report to the Commission 
                                and to the National Institute of 
                                Standards and Technology containing the 
                                results of any review conducted under 
                                this subparagraph, including the 
                                findings of the committee with respect 
                                to the issues raised by the chief State 
                                election official or the Commission, as 
                                applicable.
                                    ``(II) Publication.--The National 
                                Institute of Standards and Technology 
                                shall publish each report submitted 
                                under subclause (I), together with any 
                                comments of the National Institute of 
                                Standards and Technology with respect 
                                to the findings in each such report.
                            ``(viii) Compensation of members.--
                                    ``(I) Non-federal employees.--A 
                                member of the committee who is not an 
                                officer or employee of the Federal 
                                Government may be compensated at a rate 
                                equal to the daily equivalent of the 
                                annual rate of basic pay prescribed for 
                                level IV of the Executive Schedule 
                                under section 5315 of title 5, United 
                                States Code, for each day (including 
                                travel time) during which the member is 
                                engaged in the performance of the 
                                duties of the committee.
                                    ``(II) Federal employees.--A member 
                                of the committee who is an officer or 
                                employee of the Federal Government 
                                shall serve without compensation in 
                                addition to the compensation received 
                                for the services of the member as an 
                                officer or employee of the Federal 
                                Government.
                            ``(ix) Travel expenses.--A member of the 
                        committee shall be allowed travel expenses, 
                        including per diem in lieu of subsistence, at 
                        rates authorized for an employee of an agency 
                        under subchapter I of chapter 57 of title 5, 
                        United States Code, while away from the home or 
                        regular place of business of the member in the 
                        performance of the duties of the committee.
                            ``(x) Experts and consultants.--The 
                        National Institute of Standards and Technology 
                        may procure temporary and intermittent services 
                        under section 3109(b) of title 5, United States 
                        Code, on behalf of the committee.
                    ``(E) Protection of software provided through 
                disclosure.--Any recipient of software disclosed under 
                this paragraph--
                            ``(i) shall not compromise the integrity of 
                        the software;
                            ``(ii) shall not disclose any trade secrets 
                        or other confidential commercial information 
                        with respect to the software; and
                            ``(iii) shall not violate any intellectual 
                        property rights in the software.''.
            (2) Conforming amendment.--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) Guidelines.--The voluntary voting system guidelines referred 
to in this Act shall be the most recent version of the guidelines 
adopted by the Commission under subsection (d) after the guidelines 
effective in 2007.''.

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 and ensuring 
        testing independence.--
                    ``(A) Prohibiting conflicts of interest.--
                            ``(i) 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 Election Assistance 
                                Commission Voting System Testing 
                                Revolving Fund 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.
                            ``(ii) Availability of results.--Upon 
                        receipt of information under clause (i), 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.
                            ``(iii) Additional requirements.--The 
                        Commission may establish--
                                    ``(I) requirements for the 
                                governance of accredited laboratories; 
                                and
                                    ``(II) such additional requirements 
                                as the Commission determines are 
                                necessary to improve the ethical, 
                                effective, and independent testing of 
                                voting system hardware and software 
                                under this section.
                    ``(B) Testing independence.--The Commission shall 
                establish procedures to ensure that all testing of 
                voting system hardware and software under this section 
                by accredited laboratories is conducted in a manner 
                that is independent from the influence and control of 
                the manufacturer of such hardware or software.
            ``(4) Establishment of a revolving fund to provide for the 
        independent testing of voting systems by the commission.--
                    ``(A) In general.--There is hereby established in 
                the treasury of the United States a revolving fund, to 
                be known as the `Election Assistance Commission Voting 
                System Testing Revolving Fund' (hereinafter in this 
                paragraph referred to as the `Fund'), consisting of--
                            ``(i) such amounts as are collected 
                        pursuant to subparagraph (B); and
                            ``(ii) such amounts as are appropriated to 
                        the Fund pursuant to the authorization under 
                        subparagraph (F).
                    ``(B) Collection of fees.--
                            ``(i) In general.--The Commission shall 
                        establish fees for testing carried out in 
                        connection with the certification, 
                        decertification, and recertification of voting 
                        system hardware and software under this 
                        section.
                            ``(ii) Determination of fee amount.--The 
                        amount of the fee established under clause (i) 
                        shall be equal to the sum of--
                                    ``(I) the costs to an accredited 
                                laboratory of conducting the testing of 
                                such hardware or software (as estimated 
                                by the Commission); and
                                    ``(II) an appropriate percentage of 
                                the costs of the Commission which are 
                                associated with administering, 
                                overseeing, and operating the Fund (as 
                                determined by the Commission).
                    ``(C) Use of funds.--Amounts in the Fund may be 
                used for the following purposes:
                            ``(i) To provide payments to accredited 
                        laboratories for the testing of voting system 
                        hardware and software by such laboratories in 
                        connection with the certification, 
                        decertification, and recertification of the 
                        hardware and software under this section.
                            ``(ii) To administer, oversee, and operate 
                        the Fund, except such amounts may not be used 
                        for the hiring or payment of personnel.
                            ``(iii) To return any unused portion of 
                        fees collected under subparagraph (B) in the 
                        case where such fees exceeded the actual costs 
                        of the testing conducted or an appropriate 
                        percentage of the actual costs associated with 
                        administering, overseeing, and operating the 
                        Fund.
                    ``(D) Availability of funds.--Amounts in the Fund 
                shall be available to the Commission without fiscal 
                year limitation.
                    ``(E) Annual report to congress.--Not later than 
                June 30 of each year (beginning with 2010), the 
                Commission shall submit to Congress a report on the 
                Fund established under this paragraph. Such report 
                shall include the following information:
                            ``(i) During the preceding calendar year, 
                        the number of instances where voting system 
                        hardware and software was--
                                    ``(I) submitted to an accredited 
                                laboratory for testing under this 
                                section;
                                    ``(II) tested by each accredited 
                                laboratory under this section; and
                                    ``(III) certified, decertified, or 
                                recertified by an accredited laboratory 
                                as a result of such testing.
                            ``(ii) The balance remaining in the Fund on 
                        September 30 of the preceding fiscal year.
                            ``(iii) The total amount of fees collected 
                        under subparagraph (B) during the preceding 
                        fiscal year.
                            ``(iv) The total amount disbursed from the 
                        Fund during the preceding fiscal year.
                            ``(v) A description of how fees collected 
                        under subparagraph (B) were used during the 
                        preceding fiscal year.
                    ``(F) Authorization of appropriations.--
                            ``(i) In general.--There are authorized to 
                        be appropriated such sums as are necessary to 
                        carry out this paragraph.
                            ``(ii) Availability of funds.--Any amounts 
                        appropriated pursuant to the authority of 
                        clause (i) shall remain available without 
                        fiscal year limitation until expended.
            ``(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.
            ``(6) GAO audits.--
                    ``(A) In general.--The Comptroller General of the 
                United States (in this paragraph referred to as the 
                `Comptroller General') shall conduct audits of--
                            ``(i) the process for testing voting system 
                        hardware and software under this section; and
                            ``(ii) the Election Assistance Commission 
                        Voting System Testing Revolving Fund 
                        established under paragraph (4).
                    ``(B) Reports.--The Comptroller General shall 
                submit reports to Congress containing the results of 
                each audit conducted under subparagraph (A).''.
    (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) by striking subsection (d).
    (c) Deadline for Establishment of Standards and Procedures and 
Escrow Account.--
            (1) In general.--The Election Assistance Commission shall 
        establish the standards described in section 231(b)(3)(A) of 
        the Help America Vote Act of 2002, the procedures described in 
        section 231(b)(3)(B) of such Act, and the Election Assistance 
        Commission Voting System Testing Revolving Fund under section 
        231(b)(4) of such Act (as added by subsection (a)) not later 
        than 12 months after the date of the enactment of this Act. 
        Until such time as the Commission establishes such standards, 
        procedures, and Fund, the accreditation of laboratories and the 
        procedure for testing of voting system hardware and software 
        used as of the date of the enactment of this Act shall remain 
        in effect.
            (2) Clarification.--The amendments made by this section 
        shall not apply to any voting system hardware or software 
        submitted for testing under section 231 of the Help America 
        Vote Act of 2002 (42 U.S.C. 15371) prior to the date on which 
        the Secretary establishes such standards, procedures, and Fund.

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) Peer Review Prior to Conduct of Grant Activities.--The 
Commission shall conduct peer review of any activities proposed to be 
conducted under a grant made under this section prior to the conduct of 
such activities.
    ``(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) Peer Review Prior to Conduct of Grant Activities.--The 
Commission shall conduct peer review of any activities proposed to be 
conducted under a grant made under this section prior to the conduct of 
such activities.
    ``(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>