[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 559 Introduced in Senate (IS)]







110th CONGRESS
  1st Session
                                 S. 559

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


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 13, 2007

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

_______________________________________________________________________

                                 A BILL


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

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Vote Integrity and Verification Act 
of 2007''.

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

    (a) Ballot Verification and Audit Capacity.--
            (1) In general.--Section 301(a)(2) of the Help America Vote 
        Act of 2002 (42 U.S.C. 15481(a)(2)) is amended to read as 
        follows:
            ``(2) Ballot verification and audit capacity.--
                    ``(A) In general.--
                            ``(i) The voting system shall require the 
                        use of or produce an individual voter-verified 
                        paper ballot of the voter's vote that shall be 
                        created by or made available for inspection and 
                        verification by the voter before the voter's 
                        vote is cast and counted. For purposes of this 
                        clause, examples of such a ballot include a 
                        paper ballot marked by the voter for the 
                        purpose of being counted by hand or read by an 
                        optical scanner or other similar device, a 
                        paper ballot prepared by the voter to be mailed 
                        to an election official (whether from a 
                        domestic or overseas location), a paper ballot 
                        created through the use of a ballot marking 
                        device or system, or a paper ballot produced by 
                        a touch screen or other electronic voting 
                        machine, so long as in each case the voter is 
                        permitted to verify the ballot in a paper form 
                        in accordance with this subparagraph.
                            ``(ii) The voting system shall provide the 
                        voter with an opportunity to correct any error 
                        made by the system in the voter-verified paper 
                        ballot before the permanent voter-verified 
                        paper ballot is preserved in accordance with 
                        subparagraph (B)(i).
                            ``(iii) The voting system shall not 
                        preserve the voter-verifiable paper ballots in 
                        any manner that makes it possible, at any time 
                        after the ballot has been cast, to associate a 
                        voter with the record of the voter's vote.
                    ``(B) Manual audit capacity.--
                            ``(i) The permanent voter-verified paper 
                        ballot produced in accordance with subparagraph 
                        (A) shall be preserved--
                                    ``(I) in the case of votes cast at 
                                the polling place on the date of the 
                                election, within the polling place in 
                                the manner or method in which all other 
                                paper ballots are preserved within such 
                                polling place;
                                    ``(II) in the case of votes cast at 
                                the polling place prior to the date of 
                                the election or cast by mail, in a 
                                manner which is consistent with the 
                                manner employed by the jurisdiction for 
                                preserving such ballots in general; or
                                    ``(III) in the absence of either 
                                such manner or method, in a manner 
                                which is consistent with the manner 
                                employed by the jurisdiction for 
                                preserving paper ballots in general.
                            ``(ii) Each paper ballot produced pursuant 
                        to subparagraph (A) shall be suitable for a 
                        manual audit equivalent to that of a paper 
                        ballot voting system.
                            ``(iii) In the event of any inconsistencies 
                        or irregularities between any electronic vote 
                        tallies and the vote tallies determined by 
                        counting by hand the individual permanent paper 
                        ballots produced pursuant to subparagraph (A), 
                        and subject to subparagraph (D), the individual 
                        permanent paper ballots shall be the true and 
                        correct record of the votes cast and shall be 
                        used as the official ballots for purposes of 
                        any recount or audit conducted with respect to 
                        any election for Federal office in which the 
                        voting system is used.
                    ``(C) Special rule for votes cast by absent 
                military and overseas voters.--In the case of votes 
                cast by absent uniformed services voters and overseas 
                voters under the Uniformed and Overseas Citizens 
                Absentee Voting Act, the ballots cast by such voters 
                shall serve as the permanent paper ballot under 
                subparagraph (A) in accordance with protocols 
                established by the Commission, in consultation with the 
                Secretary of Defense after notice and opportunity for 
                public comment, which preserve the privacy of the voter 
                and are consistent with the requirements of such Act 
                and this Act, except that to the extent that such 
                protocols permit the use of electronic mail in the 
                delivery or submission of such ballots, paragraph (11) 
                shall not apply with respect to the delivery or 
                submission of the ballots.
                    ``(D) Special rule for treatment of disputes when 
                paper ballots have been shown to be compromised.--In 
                the event of any inconsistency between any electronic 
                vote tallies and the vote tallies determined by 
                counting by hand the individual permanent paper ballots 
                produced pursuant to subparagraph (A), any person 
                seeking to show that the electronic vote tally should 
                be given preference in determining the official count 
                for the election shall be required to demonstrate, by 
                clear and convincing evidence, that the paper ballots 
                have been compromised (by damage or mischief or 
                otherwise) and that a sufficient number of the ballots 
                have been so compromised that the result of the 
                election would be changed. For purposes of the previous 
                sentence, the paper ballots associated with each voting 
                machine shall be considered on a voting-machine-by-
                voting-machine basis, and only the sets of paper 
                ballots deemed compromised, if any, shall be considered 
                in the calculation of whether or not the election would 
                be changed due to the compromised paper ballots.''.
            (2) Conforming amendment clarifying applicability of 
        alternative language accessibility.--Section 301(a)(4) of such 
        Act (42 U.S.C. 15481(a)(4)) is amended by inserting 
        ``(including the paper ballots required to be produced under 
        paragraph (2) and the notice required under paragraph (8))'' 
        after ``voting system''.
            (3) Other conforming amendments.--Section 301(a)(1) of such 
        Act (42 U.S.C. 15481(a)(1)) is amended--
                    (A) in subparagraph (A)(i), by striking ``counted'' 
                and inserting ``counted, in accordance with paragraphs 
                (2) and (3)'';
                    (B) in subparagraph (A)(ii), by striking 
                ``counted'' and inserting ``counted, in accordance with 
                paragraphs (2) and (3)'';
                    (C) in subparagraph (A)(iii), by striking 
                ``counted'' each place it appears and inserting 
                ``counted, in accordance with paragraphs (2) and (3)''; 
                and
                    (D) in subparagraph (B)(ii), by striking 
                ``counted'' and inserting ``counted, in accordance with 
                paragraphs (2) and (3)''.
    (b) Accessibility and Ballot Verification Individuals With 
Disabilities.--
            (1) In general.--Section 301(a)(3)(B) of such Act (42 
        U.S.C. 15481(a)(3)(B)) is amended to read as follows:
                    ``(B)(i) satisfy the requirement of subparagraph 
                (A) through the use of at least one voting system 
                equipped for individuals with disabilities at each 
                polling place; and
                    ``(ii) meet the requirements of subparagraph (A) 
                and paragraph (2)(A) by using a system that--
                            ``(I) allows the voter to privately and 
                        independently verify the content of the 
                        permanent paper ballot through the conversion 
                        of the printed content into accessible media, 
                        and
                            ``(II) ensures that the entire process of 
                        ballot verification and vote casting is 
                        equipped for individuals with disabilities.''.
            (2) Specific requirement of study, testing, and development 
        of accessible ballot verification mechanisms.--
                    (A) Study and reporting.--Subtitle C of title II of 
                such Act (42 U.S.C. 15381 et seq.) is amended--
                            (i) by redesignating section 247 as section 
                        248; and
                            (ii) by inserting after section 246 the 
                        following new section:

``SEC. 247. STUDY AND REPORT ON ACCESSIBLE BALLOT VERIFICATION 
              MECHANISMS.

    ``(a) Study and Report.--The Director of the National Institute of 
Standards and Technology shall study, test, and develop best practices 
to enhance the accessibility of ballot verification mechanisms for 
individuals with disabilities, for voters whose primary language is not 
English, and for voters with difficulties in literacy, including best 
practices for the mechanisms themselves and the processes through which 
the mechanisms are used. In carrying out this section, the Director 
shall specifically investigate existing and potential methods or 
devices that will assist such individuals and voters in creating voter-
verified paper ballots and in reading or transmitting the information 
printed or marked on such ballots back to such individuals and voters.
    ``(b) Deadline.--The Director shall complete the requirements of 
subsection (a) not later than January 1, 2010.
    ``(c) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out subsection (a) $1,000,000, to remain 
available until expended.''.
                    (B) Clerical amendment.--The table of contents of 
                such Act is amended--
                            (i) by redesignating the item relating to 
                        section 247 as relating to section 248; and
                            (ii) by inserting after the item relating 
                        to section 246 the following new item:

``Sec. 247. Study and report on accessible voter verification 
                            mechanisms.''.
            (3) Clarification of accessibility standards under 
        voluntary voting system guidance.--In adopting any voluntary 
        guidance under subtitle B of title III of the Help America Vote 
        Act with respect to the accessibility of the ballot 
        verification requirements for individuals with disabilities, 
        the Election Assistance Commission shall include and apply the 
        same accessibility standards applicable under the voluntary 
        guidance adopted for accessible voting systems under such 
        subtitle.
    (c) Additional Voting System Requirements.--
            (1) Requirements described.--Section 301(a) of such Act (42 
        U.S.C. 15481(a)) is amended by adding at the end the following 
        new paragraphs:
            ``(7) Instruction of election officials.--Each State shall 
        ensure that all election officials are instructed on the right 
        of any individual who requires assistance to vote by reason of 
        blindness, other disability, or inability to read or write to 
        be given assistance by a person chosen by that individual under 
        section 208 of the Voting Rights Act of 1965.
            ``(8) Instruction reminding voters of importance of 
        verifying paper ballot.--
                    ``(A) In general.--The appropriate election 
                official at each polling place shall cause to be placed 
                in a prominent location in the polling place a notice 
                containing the following statement, in boldface type, 
                large font, and using only upper-case letters: `THE 
                PAPER BALLOT REPRESENTING YOUR VOTE SHALL SERVE AS THE 
                VOTE OF RECORD IN ALL RECOUNTS AND AUDITS. DO NOT LEAVE 
                THE VOTING BOOTH UNTIL YOU HAVE CONFIRMED THAT IT 
                ACCURATELY RECORDS YOUR VOTE'.
                    ``(B) Systems for individuals with disabilities.--
                All voting systems equipped for individuals with 
                disabilities shall transmit by accessible media the 
                statement referred to in subparagraph (A), as well as 
                an explanation of the verification process described in 
                paragraph (3)(B)(ii).
            ``(9) Prohibition of use of undisclosed software in voting 
        systems.--No voting system used in an election for Federal 
        office shall at any time contain or use any software not 
        certified by the State for use in the election or any software 
        undisclosed to the State in the certification process. The 
        appropriate election official shall disclose, in electronic 
        form, the source code, object code, and executable 
        representation of the voting system software and firmware to 
        the Commission, including ballot programming files, and the 
        Commission shall make that source code, object code, executable 
        representation, and ballot programming files available for 
        inspection promptly upon request to any person.
            ``(10) Prohibition of use of wireless communications 
        devices in voting systems.--No voting system shall contain, 
        use, or be accessible by any wireless, power-line, remote, wide 
        area, or concealed communication device at all.
            ``(11) Prohibiting connection of system or transmission of 
        system information over the internet.--No component of any 
        voting device upon which votes are cast shall be connected to 
        the Internet at any time.
            ``(12) Security standards for voting systems used in 
        federal elections.--
                    ``(A) In general.--No voting system may be used in 
                an election for Federal office unless the manufacturer 
                of such system and the election officials using such 
                system meet the applicable requirements described in 
                subparagraph (B).
                    ``(B) Requirements described.--The requirements 
                described in this subparagraph are as follows:
                            ``(i) The manufacturer and the election 
                        officials shall document the secure chain of 
                        custody for the handling of all software, 
                        hardware, vote storage media, and ballots used 
                        in connection with voting systems, and shall 
                        make the information available upon request to 
                        the Commission.
                            ``(ii) The manufacturer of the software 
                        used in the operation of the system shall 
                        provide the appropriate election official with 
                        updated information regarding the 
                        identification of each individual who 
                        participated in the writing of the software, 
                        including specific information regarding 
                        whether the individual has ever been convicted 
                        of a crime involving election, accounting, or 
                        computer security fraud.
                            ``(iii) The manufacturer shall provide the 
                        appropriate election official with the 
                        information necessary for the official to 
                        provide information to the Commission under 
                        paragraph (9).
                            ``(iv) After the appropriate election 
                        official has certified the source code, object 
                        code, and executable representation of the 
                        voting system software for use in an election, 
                        the manufacturer may not--
                                    ``(I) alter such codes and 
                                representation; or
                                    ``(II) insert or use in the voting 
                                system any software not certified by 
                                the State for use in the election.
                            ``(v) The appropriate election official 
                        shall ensure that all voting machines and 
                        related supplies to be used in the election 
                        shall remain secured within storage facilities 
                        arranged for by the election official, and 
                        shall not be removed from such facilities until 
                        such time as they are to be delivered to the 
                        relevant polling place and secured at the 
                        polling place until used in the election.
                            ``(vi) The manufacturer shall meet 
                        standards established by the Commission to 
                        prevent the existence or appearance of any 
                        conflict of interest with respect to candidates 
                        for public office and political parties, 
                        including standards to ensure that the 
                        manufacturer's officers and directors do not 
                        hold positions of authority in any political 
                        party or in any partisan political campaign, 
                        and shall certify to the Commission not later 
                        than January 31 of each even-numbered year that 
                        it meets the standards established under this 
                        clause.
                            ``(vii) At the request of the Commission, 
                        the appropriate election official shall submit 
                        information to the Commission regarding the 
                        State's compliance with this subparagraph.
            ``(13) Durability and readability requirements for 
        ballots.--
                    ``(A) Durability requirements for paper ballots.--
                All voter-verified paper ballots required to be used 
                under this Act (including the emergency paper ballots 
                used under paragraph (14)) shall be marked, printed, or 
                recorded on durable paper of archival quality capable 
                of withstanding multiple counts and recounts without 
                compromising the fundamental integrity of the ballots, 
                and capable of retaining the information marked, 
                printed, or recorded on them for the full duration of 
                the retention and preservation period called for by 
                title III of the Civil Rights Act of 1960 (42 U.S.C. 
                1974 et seq.) or under applicable State law, whichever 
                is longer.
                    ``(B) Readability requirements for machine-marked 
                or printed paper ballots.--All voter-verified paper 
                ballots marked or printed through the use of a marking 
                or printing device shall be clearly readable by the 
                naked eye and by a scanner or other device equipped for 
                voters with disabilities.
            ``(14) Prohibiting turning individuals away from polling 
        places because of problems with or shortages of equipment, 
        ballots, or supplies.--
                    ``(A) Ensuring adequate equipment and supplies.--
                Each State shall ensure that the voting systems it uses 
                to conduct elections for Federal office are designed in 
                a manner that ensures that no voter will be unable to 
                cast a ballot at a polling place due to a shortage or 
                failure of voting equipment, ballots, or necessary 
                supplies.
                    ``(B) Use of emergency paper ballots in case of 
                system or equipment failure.--In the event of the 
                failure of voting equipment or other circumstance at a 
                polling place that causes a delay, any individual who 
                is waiting at the polling place to cast a ballot in an 
                election for Federal office and who would be delayed 
                due to such failure or other circumstance shall be 
                advised immediately of the individual's right to use an 
                emergency paper ballot, and upon request shall be 
                provided with an emergency paper ballot for the 
                election and the supplies necessary to mark the ballot. 
                Any emergency paper ballot which is cast by an 
                individual under this subparagraph shall be counted and 
                otherwise treated as a regular ballot and not as a 
                provisional ballot, unless the individual casting the 
                ballot would have otherwise been required to cast a 
                provisional ballot if the voting equipment at the 
                polling place had not failed.''.
            (2) Requiring laboratories to meet standards prohibiting 
        conflicts of interest as condition of accreditation for testing 
        of voting system hardware and software.--
                    (A) In general.--Section 231(b) of such Act (42 
                U.S.C. 15371(b)) is amended by adding at the end the 
                following new paragraphs:
            ``(3) Prohibiting conflicts of interest; ensuring 
        availability of results.--
                    ``(A) In general.--A laboratory may not be 
                accredited by the Commission for purposes of this 
                section unless--
                            ``(i) the laboratory certifies that the 
                        only compensation it receives for the testing 
                        carried out in connection with the 
                        certification, decertification, and 
                        recertification of the manufacturer's voting 
                        system hardware and software is the payment 
                        made from the Testing Escrow Account under 
                        paragraph (4);
                            ``(ii) the laboratory meets the standards 
                        applicable to the manufacturers of voting 
                        systems under section 301(a)(12)(B)(vi), 
                        together with such standards as the Commission 
                        shall establish (after notice and opportunity 
                        for public comment) to prevent the existence or 
                        appearance of any conflict of interest in the 
                        testing carried out by the laboratory under 
                        this section, including standards to ensure 
                        that the laboratory does not have a financial 
                        interest in the manufacture, sale, and 
                        distribution of voting system hardware and 
                        software, and is sufficiently independent from 
                        other persons with such an interest;
                            ``(iii) the laboratory certifies that it 
                        will permit an expert designated by the 
                        Commission to observe any testing the 
                        laboratory carries out under this section; and
                            ``(iv) the laboratory, upon completion of 
                        any testing carried out under this section, 
                        discloses the test protocols, results, and all 
                        communication between the laboratory and the 
                        manufacturer to the Commission.
                    ``(B) Availability of results.--Upon receipt of 
                information under subparagraph (A), the Commission 
                shall make the information available promptly to 
                election officials and the public.
            ``(4) Procedures for conducting testing; payment of user 
        fees for compensation of accredited laboratories.--
                    ``(A) Establishment of escrow account.--The 
                Commission shall establish an escrow account (to be 
                known as the `Testing Escrow Account') for making 
                payments to accredited laboratories for the costs of 
                the testing carried out in connection with the 
                certification, decertification, and recertification of 
                voting system hardware and software.
                    ``(B) Schedule of fees.--In consultation with the 
                accredited laboratories, the Commission shall establish 
                and regularly update a schedule of fees for the testing 
                carried out in connection with the certification, 
                decertification, and recertification of voting system 
                hardware and software, based on the reasonable costs 
                expected to be incurred by the accredited laboratories 
                in carrying out the testing for various types of 
                hardware and software.
                    ``(C) Requests and payments by manufacturers.--A 
                manufacturer of voting system hardware and software may 
                not have the hardware or software tested by an 
                accredited laboratory under this section unless--
                            ``(i) the manufacturer submits a detailed 
                        request for the testing to the Commission; and
                            ``(ii) the manufacturer pays to the 
                        Commission, for deposit into the Testing Escrow 
                        Account established under subparagraph (A), the 
                        applicable fee under the schedule established 
                        and in effect under subparagraph (B).
                    ``(D) Selection of laboratory.--Upon receiving a 
                request for testing and the payment from a manufacturer 
                required under subparagraph (C), the Commission shall 
                select at random, from all laboratories which are 
                accredited under this section to carry out the specific 
                testing requested by the manufacturer, an accredited 
                laboratory to carry out the testing.
                    ``(E) Payments to laboratories.--Upon receiving a 
                certification from a laboratory selected to carry out 
                testing pursuant to subparagraph (D) that the testing 
                is completed, along with a copy of the results of the 
                test as required under paragraph (3)(A)(iii), the 
                Commission shall make a payment to the laboratory from 
                the Testing Escrow Account established under 
                subparagraph (A) in an amount equal to the applicable 
                fee paid by the manufacturer under subparagraph 
                (C)(ii).
            ``(5) Dissemination of additional information on accredited 
        laboratories.--
                    ``(A) Information on testing.--Upon completion of 
                the testing of a voting system under this section, the 
                Commission shall promptly disseminate to the public the 
                identification of the laboratory which carried out the 
                testing.
                    ``(B) Laboratories with accreditation revoked or 
                suspended.--If the Commission revokes, terminates, or 
                suspends the accreditation of a laboratory under this 
                section, 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--
                            (i) in subsection (a)(1), by striking 
                        ``testing, certification,'' and all that 
                        follows and inserting the following: ``testing 
                        of voting system hardware and software by 
                        accredited laboratories in connection with the 
                        certification, decertification, and 
                        recertification of the hardware and software 
                        for purposes of this Act.'';
                            (ii) in subsection (a)(2), by striking 
                        ``testing, certification,'' and all that 
                        follows and inserting the following: ``testing 
                        of its voting system hardware and software by 
                        the laboratories accredited by the Commission 
                        under this section in connection with 
                        certifying, decertifying, and recertifying the 
                        hardware and software.'';
                            (iii) in subsection (b)(1), by striking 
                        ``testing, certification, decertification, and 
                        recertification'' and inserting ``testing''; 
                        and
                            (iv) in subsection (d), by striking 
                        ``testing, certification, decertification, and 
                        recertification'' each place it appears and 
                        inserting ``testing''.
                    (C) Deadline for establishment of standards 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 January 1, 2008.
            (3) Special certification of ballot durability and 
        readability requirements for states not currently using paper 
        ballots.--If any of the voting systems used in a State for the 
        regularly scheduled 2006 general elections for Federal office 
        did not operate by having voters cast votes on paper ballots 
        (such as through the use of an optical scan voting system), the 
        State shall certify to the Election Assistance Commission not 
        later than 90 days after the date of the enactment of this Act 
        that the State will be in compliance with the requirements of 
        section 301(a)(13) of the Help America Vote of 2002, as added 
        by paragraph (1), in accordance with the deadline established 
        under this Act, and shall include in the certification the 
        methods by which the State will meet the requirements.
    (d) Availability of Additional Funding To Enable States To Meet 
Costs of Revised Requirements.--
            (1) Extension of requirements payments for meeting revised 
        requirements.--Section 257(a) of the Help America Vote Act of 
        2002 (42 U.S.C. 15407(a) is amended by adding at the end the 
        following new paragraph:
            ``(4) For fiscal year 2007, $300,000,000, except that any 
        funds provided under the authorization made by this paragraph 
        shall be used by a State only to meet the requirements of title 
        III which are first imposed on the State pursuant to the 
        amendments made by section 2 of the Vote Integrity and 
        Verification Act of 2007, or to otherwise modify or replace its 
        voting systems in response to such amendments.''.
            (2) Use of revised formula for allocation of funds.--
        Section 252(b) of such Act (42 U.S.C. 15402(b)) is amended to 
        read as follows:
    ``(b) State Allocation Percentage Defined.--
            ``(1) In general.--Except as provided in paragraph (2), the 
        `State allocation percentage' for a State is the amount 
        (expressed as a percentage) equal to the quotient of--
                    ``(A) the voting age population of the State (as 
                reported in the most recent decennial census); and
                    ``(B) the total voting age population of all States 
                (as reported in the most recent decennial census).
            ``(2) Special rule for payments for fiscal year 2007.--
                    ``(A) In general.--In the case of the requirements 
                payment made to a State for fiscal year 2007, the 
                `State allocation percentage' for a State is the amount 
                (expressed as a percentage) equal to the quotient of--
                            ``(i) the number of remedial precincts in 
                        the State; and
                            ``(ii) the total number of remedial 
                        precincts in all States.
                    ``(B) Remedial precinct defined.--In this 
                paragraph, a `remedial precinct' means any precinct (or 
                equivalent location) within the State for which the 
                voting system used to administer the regularly 
                scheduled general election for Federal office held in 
                November 2006--
                            ``(i) did not use paper as the medium for 
                        vote casting, or if the system used paper, did 
                        not use durable paper of archival quality; or
                            ``(ii) did not provide that the entire 
                        process of ballot verification was equipped for 
                        individuals with disabilities.''.
            (3) Increase in state minimum share of payment.--Section 
        252(c) of such Act (42 U.S.C. 15402(c)) is amended--
                    (A) in paragraph (1), by inserting after ``one-half 
                of 1 percent'' the following: ``(or, in the case of the 
                payment made for fiscal year 2007, 1 percent)''; and
                    (B) in paragraph (2), by inserting after ``one-
                tenth of 1 percent'' the following: ``(or, in the case 
                of the payment made for fiscal year 2007, one-half of 1 
                percent)''.
            (4) Revised conditions for receipt of funds.--Section 253 
        of such Act (42 U.S.C. 15403) is amended--
                    (A) in subsection (a), by striking ``A State is 
                eligible'' and inserting ``Except as provided in 
                subsection (f), a State is eligible''; and
                    (B) by adding at the end the following new 
                subsection:
    ``(f) Special Rule for Fiscal Year 2007.--Notwithstanding any other 
provision of this part, a State is eligible to receive a requirements 
payment for fiscal year 2007 if--
            ``(1) not later than 30 days after the date of the 
        enactment of the Vote Integrity and Verification Act of 2007, 
        the State certifies to the Commission the number of remedial 
        precincts in the State (as defined in section 252(b)(2)(B)); 
        and
            ``(2) not later than 90 days after the date of the 
        enactment of such Act, the chief executive officer of the 
        State, or designee, in consultation and coordination with the 
        chief State election official, has filed a statement with the 
        Commission describing the State's need for the payment and how 
        the State will use the payment to meet the requirements of 
        title III (in accordance with the limitations applicable to the 
        use of the payment under section 257(a)(4)).''.
            (5) Permitting use of funds for reimbursement for costs 
        previously incurred.--Section 251(c)(1) of such Act (42 U.S.C. 
        15401(c)(1)) is amended by striking the period at the end and 
        inserting the following: ``, or as a reimbursement for any 
        costs incurred in meeting the requirements of title III which 
        are imposed pursuant to the amendments made by section 2 of the 
        Vote Integrity and Verification Act of 2007 or in otherwise 
        modifying or replacing voting systems in response to such 
        amendments.''.
            (6) Rule of construction regarding states receiving other 
        funds for replacing punch card, lever, or other voting 
        machines.--Nothing in the amendments made by this subsection or 
        in any other provision of the Help America Vote Act of 2002 may 
        be construed to prohibit a State which received or was 
        authorized to receive a payment under title I or II of such Act 
        for replacing punch card, lever, or other voting machines from 
        receiving or using any funds which are made available under the 
        amendments made by this subsection.
            (7) Effective date.--The amendments made by this subsection 
        shall apply with respect to fiscal years beginning with fiscal 
        year 2007.

SEC. 3. ENHANCEMENT OF ENFORCEMENT OF HELP AMERICA VOTE ACT OF 2002.

    Section 401 of such Act (42 U.S.C. 15511) is amended--
            (1) by striking ``The Attorney General'' and inserting 
        ``(a) In General.--The Attorney General''; and
            (2) by adding at the end the following new subsections:
    ``(b) Filing of Complaints by Aggrieved Persons.--
            ``(1) In general.--A person who is aggrieved by a violation 
        of section 301, 302, or 303 which has occurred, is occurring, 
        or is about to occur may file a written, signed, notarized 
        complaint with the Attorney General describing the violation 
        and requesting the Attorney General to take appropriate action 
        under this section.
            ``(2) Response by attorney general.--The Attorney General 
        shall respond to each complaint filed under paragraph (1), in 
        accordance with procedures established by the Attorney General 
        that require responses and determinations to be made within the 
        same (or shorter) deadlines which apply to a State under the 
        State-based administrative complaint procedures described in 
        section 402(a)(2).
    ``(c) Clarification of Availability of Private Right of Action.--
Nothing in this section may be construed to prohibit any person from 
bringing an action under section 1979 of the Revised Statutes of the 
United States (42 U.S.C. 1983) (including any individual who seeks to 
enforce the individual's right to a voter-verified paper ballot, the 
right to have the voter-verified paper ballot counted in an election, 
or any other right under subtitle A of title III) to enforce the 
uniform and nondiscriminatory election technology and administration 
requirements under sections 301, 302, and 303.
    ``(d) No Effect on State Procedures.--Nothing in this section may 
be construed to affect the availability of the State-based 
administrative complaint procedures required under section 402 to any 
person filing a complaint under this subsection.''.

SEC. 4. EXTENSION OF AUTHORIZATION OF ELECTION ASSISTANCE COMMISSION.

    (a) In General.--Section 210 of the Help America Vote Act of 2002 
(42 U.S.C. 15330) is amended by striking ``each of the fiscal years 
2003 through 2005'' and inserting ``each fiscal year beginning with 
fiscal year 2003''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect as if included in the enactment of the Help America Vote 
Act of 2002.

SEC. 5. REQUIREMENT FOR MANDATORY MANUAL AUDITS BY HAND COUNT.

    (a) Mandatory Manual Audits by Election Audit Boards.--Title III of 
the Help America Vote Act of 2002 (42 U.S.C. 15481 et seq.) is amended 
by adding at the end the following new subtitle:

     ``Subtitle C--Mandatory Manual Audits by Election Audit Boards

``SEC. 321. ESTABLISHMENT OF ELECTION AUDIT BOARDS.

    ``(a) Establishment.--Not later than 60 days before the date of 
each election for Federal office held in the State, the chief auditor 
of each State shall appoint an Election Audit Board to administer, 
without advance notice to the precincts selected, random hand counts of 
the voter-verified paper ballots required to be produced and preserved 
pursuant to section 301(a)(2) for each such election held in the State 
(and, at the option of the State or jurisdiction involved, of elections 
for State and local office held at the same time as such election).
    ``(b) Composition.--
            ``(1) In general.--Each political party in the State with a 
        candidate in any of the regularly scheduled elections for 
        Federal office held in the State whose candidates in the most 
        recent regularly scheduled general elections in the State 
        received at least 5 percent of the aggregate number of all 
        votes cast in such elections, together with any independent 
        candidate who received at least 5 percent of the aggregate 
        number of all votes cast in the most recent regularly scheduled 
        general elections in the State, shall select a qualified 
        individual for appointment to the Election Audit Board of the 
        State.
            ``(2) Unaffiliated members.--In addition to the individuals 
        serving on the Board pursuant to paragraph (1), the chief 
        auditor of the State shall appoint qualified individuals who 
        are not nominated by any political party or candidate and who 
        are not employees or agents of any political party or candidate 
        to serve on the Board. The number of individuals appointed 
        pursuant to this paragraph shall be sufficient to ensure that 
        the total number of individuals serving on the Board is an odd 
        number not less than 7.
            ``(3) Qualifications.--An individual is qualified to be 
        appointed to the Board if the individual has professional 
        experience in carrying out audits on an impartial basis, and 
        does not have any conflict of interest with the manufacturer or 
        vendor of any voting system which was used in any of the 
        elections that will be audited by the Board.
            ``(4) Diversity in appointments.--In making appointments to 
        the Board, the chief auditor of the State shall (to the 
        greatest extent practicable) ensure that the members of the 
        Board reflect the demographic composition of the voting age 
        population of the State.
    ``(c) Special Rule for Runoff and Special Elections.--
            ``(1) Runoff elections.--If a runoff election for Federal 
        office is held in the State, the Election Audit Board which was 
        appointed for the initial election which resulted in the runoff 
        election shall serve as the Election Audit Board with respect 
        to the runoff election.
            ``(2) Special elections.--If a special election for Federal 
        office is held in the State (other than a special election held 
        on the same date as the date of a regularly scheduled election 
        for Federal office), the Election Audit Board which was 
        appointed for the most recent regularly scheduled election for 
        Federal office in the State shall serve as the Election Audit 
        Board with respect to the special election.
    ``(d) Chief Auditor Defined.--In this subsection, the `chief 
auditor' of a State is an official of the State government, who, as 
designated by the Attorney General of the State and certified by the 
Attorney General of the State to the Commission, is responsible for 
conducting annual audits of the operations of the government of the 
State under the laws or constitution of the State, except that in no 
case may an individual serve as the chief auditor of a State under this 
subsection if the individual is the chief State election official.

``SEC. 322. NUMBER OF BALLOTS COUNTED UNDER AUDIT.

    ``(a) In General.--Except as provided in subsection (b), the number 
of voter-verified paper ballots which will be subject to a hand count 
administered by the Election Audit Board of a State under this subtitle 
with respect to an election shall be determined as follows:
            ``(1) In the event that the unofficial count as described 
        in section 323(a)(1) reveals that the margin of victory between 
        the two candidates receiving the largest number of votes in the 
        election is less than 1 percent of the total votes cast in that 
        election, the hand counts of the voter-verified paper ballots 
        shall occur in 10 percent of all precincts (or equivalent 
        locations) in the Congressional district involved (in the case 
        of an election for the House of Representatives) or the State 
        (in the case of any other election for Federal office).
            ``(2) In the event that the unofficial count as described 
        in section 323(a)(1) reveals that the margin of victory between 
        the two candidates receiving the largest number of votes in the 
        election is greater than or equal to 1 percent but less than 2 
        percent of the total votes cast in that election, the hand 
        counts of the voter-verified paper ballots shall occur in 5 
        percent of all precincts (or equivalent locations) in the 
        Congressional district involved (in the case of an election for 
        the House of Representatives) or the State (in the case of any 
        other election for Federal office).
            ``(3) In the event that the unofficial count as described 
        in section 323(a)(1) reveals that the margin of victory between 
        the two candidates receiving the largest number of votes in the 
        election is equal to or greater than 2 percent of the total 
        votes cast in that election, the hand counts of the voter-
        verified paper ballots shall occur in 3 percent of all 
        precincts (or equivalent locations) in the Congressional 
        district involved (in the case of an election for the House of 
        Representatives) or the State (in the case of any other 
        election for Federal office).
    ``(b) Use of Alternative Mechanism.--Notwithstanding subsection 
(a), a State may adopt and apply an alternative mechanism to determine 
the number of voter-verified paper ballots which will be subject to the 
hand counts required under this subtitle with respect to an election, 
so long as the National Institute of Standards and Technology 
determines that the alternative mechanism will be at least as effective 
in ensuring the accuracy of the election results and as transparent as 
the procedure under subsection (a).

``SEC. 323. PROCESS FOR ADMINISTERING AUDITS.

    ``(a) In General.--The Election Audit Board of a State shall 
administer an audit under this section of the results of an election in 
accordance with the following procedures:
            ``(1) Within 24 hours after the State announces the final 
        unofficial vote count in each precinct in the State, the Board 
        shall determine and then announce the precincts in the State in 
        which it will administer the audits.
            ``(2) With respect to votes cast at the precinct or 
        equivalent location on or before the date of the election 
        (other than provisional ballots described in paragraph (3)), 
        the Board shall administer the hand count of the votes on the 
        paper voter-verified ballots required to be produced and 
        preserved under section 301(a)(2)(A) and the comparison of the 
        count of the votes on those ballots with the final unofficial 
        count of such votes as announced by the State.
            ``(3) With respect to votes cast other than at the precinct 
        on the date of the election (other than votes cast before the 
        date of the election described in paragraph (2)) or votes cast 
        by provisional ballot on the date of the election which are 
        certified and counted by the State on or after the date of the 
        election, including votes cast by absent uniformed services 
        voters and overseas voters under the Uniformed and Overseas 
        Citizens Absentee Voting Act, the Board shall administer the 
        hand count of the applicable voter-verified ballots required to 
        be produced and preserved under section 301(a)(2)(A) and 
        section 301(a)(2)(B) and compare the count it administers with 
        the count of such votes as announced by the State.
    ``(b) Special Rule in Case of Delay in Reporting Absentee Vote 
Count.--In the case of a State in which, under State law, the final 
count of absentee and provisional votes is not announced until after 
the expiration of the 7-day period which begins on the date of the 
election, the Election Audit Board shall initiate the process described 
in subsection (a) for administering the audit not later than 24 hours 
after the State announces the final unofficial vote count for the votes 
cast at the precinct or equivalent location on or before the date of 
the election, and shall initiate the administration of the audit of the 
absentee and provisional votes pursuant to subsection (a)(3) not later 
than 24 hours after the State announces the final unofficial count of 
such votes.
    ``(c) Additional Audits if Cause Shown.--
            ``(1) In general.--If the Election Audit Board finds that 
        any of the hand counts administered under this section do not 
        match the final unofficial tally of the results of an election, 
        the Board shall administer hand counts under this section of 
        such additional precincts (or equivalent jurisdictions) as the 
        Board considers appropriate to resolve any concerns resulting 
        from the audit and ensure the accuracy of the results.
            ``(2) Establishment and publication of procedures governing 
        additional audits.--Not later than January 1, 2008, each State 
        shall establish and publish procedures for carrying out the 
        additional audits under this subsection, including the means by 
        which the State shall resolve any concerns resulting from the 
        audit with finality and ensure the accuracy of the results.
    ``(d) Public Observation of Audits.--Each audit conducted under 
this section shall be conducted in a manner that allows public 
observation of the entire process.

``SEC. 324. SELECTION OF PRECINCTS.

    ``(a) In General.--Except as provided in subsection (c), the 
selection of the precincts in the State in which the Election Audit 
Board of the State shall administer the hand counts under this subtitle 
shall be made by the Board on an entirely random basis using a uniform 
distribution in which all precincts in a State have an equal chance of 
being selected, in accordance with such procedures as the Commission 
determines appropriate, except that--
            ``(1) at least one precinct shall be selected at random in 
        each county; and
            ``(2) the Commission shall publish the procedures in the 
        Federal Register prior to the selection of the precincts.
    ``(b) Public Selection.--The random selection of precincts under 
subsection (a) shall be conducted in public, at a time and place 
announced in advance.
    ``(c) Mandatory Selection of Precincts Established Specifically for 
Absentee Ballots.--If a State establishes a separate precinct for 
purposes of counting the absentee ballots cast in an election and 
treats all absentee ballots as having been cast in that precinct, and 
if the state does not make absentee ballots sortable by precinct, the 
State shall include that precinct among the precincts in the State in 
which the Election Audit Board shall administer the hand counts under 
this subtitle.

``SEC. 325. PUBLICATION OF RESULTS.

    ``(a) Submission to Commission.--As soon as practicable after the 
completion of an audit under this subtitle, the Election Audit Board of 
a State shall submit to the Commission the results of the audit, and 
shall include in the submission a comparison of the results of the 
election in the precinct as determined by the Board under the audit and 
the final unofficial vote count in the precinct as announced by the 
State, as well as a list of any discrepancies discovered between the 
initial, subsequent, and final hand counts administered by the Board 
and such final unofficial vote count and any explanation for such 
discrepancies, broken down by the categories of votes described in 
paragraphs (2) and (3) of section 323(a).
    ``(b) Publication by Commission.--Immediately after receiving the 
submission of the results of an audit from the Election Audit Board of 
a State under subsection (a), the Commission shall publicly announce 
and publish the information contained in the submission.
    ``(c) Delay in Certification of Results by State.--
            ``(1) Prohibiting certification until completion of 
        audits.--No State may certify the results of any election which 
        is subject to an audit under this subtitle prior to the 
        completion of the audit and the announcement and submission of 
        the results of the audit to the Commission for publication of 
        the information required under this section.
            ``(2) Deadline for completion of audits of presidential 
        elections.--In the case of an election for electors for 
        President and Vice President which is subject to an audit under 
        this subtitle, the State shall complete the audits and announce 
        and submit the results to the Commission for publication of the 
        information required under this section in time for the State 
        to certify the results of the election and provide for the 
        final determination of any controversy or contest concerning 
        the appointment of such electors prior to the deadline 
        described in section 6 of title 3, United States Code.

``SEC. 326. PAYMENTS TO STATES.

    ``(a) Payments for Costs of Conducting Audits.--In accordance with 
the requirements and procedures of this section, the Commission shall 
make a payment to a State to cover the costs incurred by the State in 
carrying out this subtitle with respect to the elections that are the 
subject of the audits conducted under this subtitle.
    ``(b) Certification of Compliance and Anticipated Costs.--
            ``(1) Certification required.--In order to receive a 
        payment under this section, a State shall submit to the 
        Commission, in such form as the Commission may require, a 
        statement containing--
                    ``(A) a certification that the State will conduct 
                the audits required under this subtitle in accordance 
                with all of the requirements of this subtitle;
                    ``(B) a notice of the reasonable costs anticipated 
                to be incurred by the State in carrying out this 
                subtitle with respect to the elections involved; and
                    ``(C) such other information and assurances as the 
                Commission may require.
            ``(2) Amount of payment.--The amount of a payment made to a 
        State under this section shall be equal to the reasonable costs 
        anticipated to be incurred by the State in carrying out this 
        subtitle with respect to the elections involved, as set forth 
        in the statement submitted under paragraph (1) a notice 
        submitted by the State to the Commission (in such form and 
        containing such information as the Commission may require).
            ``(3) Timing of notice.--The State may not submit a notice 
        under paragraph (1) until candidates have been selected to 
        appear on the ballot for all of the elections for Federal 
        office which will be the subject of the audits involved.
    ``(c) Timing of Payments.--The Commission shall make the payment 
required under this section to a State not later than 30 days after 
receiving the notice submitted by the State under subsection (b).
    ``(d) Authorization of Appropriations.--There are authorized to be 
appropriated to the Commission for fiscal year 2008 and each succeeding 
fiscal year such sums as may be necessary for payments under this 
section.

``SEC. 327. EFFECTIVE DATE.

    ``This subtitle shall apply with respect to elections for Federal 
office beginning with the regularly scheduled general elections held in 
November 2008.''.
    (b) Availability of Enforcement Under Help America Vote Act of 
2002.--Section 401 of such Act (42 U.S.C. 15511), as amended by section 
3, is amended--
            (1) in subsection (a), by striking the period at the end 
        and inserting the following: ``, or the requirements of 
        subtitle C of title III.'';
            (2) in subsection (b)(1), by striking ``section 303'' and 
        inserting ``section 303, or subtitle C of title III,''; and
            (3) in subsection (c)--
                    (A) by striking ``subtitle A'' and inserting 
                ``subtitles A or C'', and
                    (B) by striking the period at the end and inserting 
                the following: ``, or the requirements of subtitle C of 
                title III.''.
    (c) Clerical Amendment.--The table of contents of such Act is 
amended by adding at the end of the item relating to title III the 
following:

     ``Subtitle C--Mandatory Manual Audits by Election Audit Boards

``Sec. 321. Establishment of Election Audit Boards.
``Sec. 322. Number of ballots counted under audit.
``Sec. 323. Process for administering audits.
``Sec. 324. Selection of precincts.
``Sec. 325. Publication of results.
``Sec. 326. Payments to States.
``Sec. 327. Effective date.''.

SEC. 6. REPEAL OF EXEMPTION OF ELECTION ASSISTANCE COMMISSION FROM 
              CERTAIN GOVERNMENT CONTRACTING REQUIREMENTS.

    (a) In General.--Section 205 of the Help America Vote Act of 2002 
(42 U.S.C. 15325) is amended by striking subsection (e).
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply with respect to contracts entered into by the Election Assistance 
Commission on or after the date of the enactment of this Act.

SEC. 7. PROHIBITION ON CAMPAIGN ACTIVITIES BY ELECTION ADMINISTRATION 
              OFFICIALS.

    (a) In General.--Title III of the Federal Election Campaign Act of 
1971 (2 U.S.C. 431 et seq.) is amended by inserting after section 319 
the following new section:

              ``campaign activities by election officials

    ``Sec. 319A.  (a) Prohibition.--It shall be unlawful for a chief 
State election administration official to take an active part in 
political management or in a political campaign with respect to any 
election for Federal office over which such official has supervisory 
authority.
    ``(b) Chief State Election Administration Official.--The term 
`chief State election administration official' means the highest State 
official with responsibility for the administration of Federal 
elections under State law.
    ``(c) Active Part in Political Management or in a Political 
Campaign.--The term `active part in political management or in a 
political campaign' means--
            ``(1) serving as a member of an authorized committee of a 
        candidate for Federal office;
            ``(2) the use of official authority or influence for the 
        purpose of interfering with or affecting the result of an 
        election for Federal office;
            ``(3) the solicitation, acceptance, or receipt of a 
        political contribution from any person on behalf of a candidate 
        for Federal office;
            ``(4) the solicitation or discouragement of the 
        participation in any political activity of any person;
            ``(5) engaging in partisan political activity on behalf of 
        a candidate for Federal office; and
            ``(6) any other act prohibited under section 7323(b)(4) of 
        title 5, United States Code (other than any prohibition on 
        running for public office).''.
    (b) Enforcement.--Section 309 of such Act (42 U.S.C. 437g) is 
amended by adding at the end the following new subsection:
    ``(e)(1) Notwithstanding paragraphs (1) through (5) of subsection 
(a), any person who has knowledge that a violation of section 319A has 
occurred may file a complaint with the Commission. Such complaint shall 
be in writing, signed and sworn to by the person filing such complaint, 
shall be notarized, and shall be made under penalty of perjury subject 
to the provisions of section 1001 of title 18, United States Code. The 
Commission shall promptly notify any person alleged in the complaint, 
and shall give such person an opportunity to respond. Not later than 14 
days after the date on which such a complaint is filed, the Commission 
shall make a determination on such complaint.
    ``(2) If the Commission determines by an affirmative vote of a 
majority of the members voting that it has reason to believe that a 
person has committed a violation of section 319A, the Commission shall 
require the person to pay a civil money penalty in an amount determined 
under a schedule of penalties which is established and published by the 
Commission.''.

SEC. 8. EFFECTIVE DATE.

    Except as otherwise provided, this Act and the amendments made by 
this Act shall apply with respect to elections for Federal office 
occurring during 2008 and each succeeding year.
                                 <all>