[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2894 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 2894

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 HOUSE OF REPRESENTATIVES

                             June 16, 2009

   Mr. Holt (for himself, Mr. Larson of Connecticut, Mr. Wexler, Mr. 
   Capuano, Mr. Obey, Mr. Serrano, Ms. Wasserman Schultz, Ms. Lee of 
  California, Mr. Lewis of Georgia, Mr. Waxman, Mr. George Miller of 
   California, Mr. Nadler of New York, Mr. Hinchey, Ms. Kaptur, Mr. 
Hastings of Florida, Mr. Frank of Massachusetts, Ms. Pingree of Maine, 
Mr. Fattah, Mr. Moran of Virginia, Mr. Blumenauer, Ms. Corrine Brown of 
    Florida, Ms. Baldwin, Mr. Israel, Mrs. Maloney, Mrs. Capps, Mr. 
McGovern, Mr. Johnson of Georgia, Mr. Gene Green of Texas, Mr. Al Green 
 of Texas, Mr. Andrews, Mr. Cohen, Mr. Payne, Mr. Tierney, Mr. Rothman 
  of New Jersey, Mr. Carney, Mr. Stark, Mr. Doyle, Mr. Oberstar, Mr. 
Walz, Mr. Abercrombie, Mr. McIntyre, Mr. Jackson of Illinois, Mr. Clay, 
Mr. Sestak, Mr. Meeks of New York, Mr. Klein of Florida, Ms. Edwards of 
Maryland, Mr. Farr, Mr. Olver, Ms. Linda T. Sanchez of California, Mr. 
Perriello, Mr. Loebsack, Mr. Filner, Mr. Sires, Mr. Honda, Mr. Wu, Mr. 
Schiff, Mr. Pallone, Mr. Ortiz, Mr. DeFazio, Mr. Barrow, Mr. Himes, Mr. 
     Crowley, Ms. Schakowsky, Mr. Inslee, Mr. Massa, Mr. Smith of 
  Washington, Mr. McDermott, Mr. Bishop of New York, Mr. Altmire, Mr. 
Polis of Colorado, Mr. Lance, Mr. LoBiondo, Ms. Castor of Florida, Mr. 
 Larsen of Washington, and Mrs. Lowey) introduced the following bill; 
  which was referred to the Committee on House Administration, and in 
addition to the Committee on Science and Technology, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
  of such provisions as fall within the jurisdiction of the committee 
                               concerned

_______________________________________________________________________

                                 A BILL


 
To 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Voter Confidence 
and Increased Accessibility Act of 2009''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
  TITLE I--PROMOTING ACCURACY, INTEGRITY, AND SECURITY THROUGH VOTER-
                    VERIFIED PERMANENT PAPER BALLOT

Sec. 101. Paper ballot and manual counting requirements.
Sec. 102. Accessibility and ballot verification for individuals with 
                            disabilities.
Sec. 103. Additional voting system requirements.
Sec. 104. Availability of additional funding to enable States to meet 
                            costs of revised requirements.
Sec. 105. Effective date for new requirements.
                  TITLE II--ENHANCEMENT OF ENFORCEMENT

Sec. 201. Enhancement of enforcement of Help America Vote Act of 2002.
    TITLE III--REQUIREMENT FOR MANDATORY MANUAL AUDITS BY HAND COUNT

Sec. 301. Mandatory manual audits.
        ``Sec. 321. Requiring audits of results of elections.
        ``Sec. 322. Number of ballots counted under audit.
        ``Sec. 323. Process for administering audits.
        ``Sec. 324. Selection of precincts.
        ``Sec. 325. Publication of results.
        ``Sec. 326. Payments to States.
        ``Sec. 327. Exception for elections subject to recount under 
                            State law prior to certification.
        ``Sec. 328. Effective date.
Sec. 302. Availability of enforcement under Help America Vote Act of 
                            2002.
Sec. 303. Guidance on best practices for alternative audit mechanisms.
Sec. 304. Clerical amendment.
 TITLE IV--REPEAL OF EXEMPTION OF ELECTION ASSISTANCE COMMISSION FROM 
              CERTAIN GOVERNMENT CONTRACTING REQUIREMENTS

Sec. 401. Repeal of exemption of Election Assistance Commission from 
                            certain government contracting 
                            requirements.
                        TITLE V--EFFECTIVE DATE

Sec. 501. Effective date.

  TITLE I--PROMOTING ACCURACY, INTEGRITY, AND SECURITY THROUGH VOTER-
                    VERIFIED PERMANENT PAPER BALLOT

SEC. 101. PAPER BALLOT AND MANUAL COUNTING REQUIREMENTS.

    (a) 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) Paper ballot requirement.--
                    ``(A) Voter-verified paper ballots.--
                            ``(i) Paper ballot requirement.--(I) The 
                        voting system shall require the use of an 
                        individual, durable, voter-verified, paper 
                        ballot of the voter's vote that shall be marked 
                        and made available for inspection and 
                        verification by the voter before the voter's 
                        vote is cast and counted, and which shall be 
                        counted by hand or read by an optical scanner 
                        or other counting device. For purposes of this 
                        subclause, the term `individual, durable, 
                        voter-verified, paper ballot' means a paper 
                        ballot marked by the voter by hand or a paper 
                        ballot marked through the use of a 
                        nontabulating ballot marking device or system, 
                        so long as the voter shall have the option to 
                        mark his or her ballot by hand.
                            ``(II) The voting system shall provide the 
                        voter with an opportunity to correct any error 
                        on the paper ballot before the permanent voter-
                        verified paper ballot is preserved in 
                        accordance with clause (ii).
                            ``(III) The voting system shall not 
                        preserve the voter-verified paper ballots in 
                        any manner that makes it possible, at any time 
                        after the ballot has been cast, to associate a 
                        voter with the record of the voter's vote 
                        without the voter's consent.
                            ``(ii) Preservation as official record.--
                        The individual, durable, voter-verified, paper 
                        ballot used in accordance with clause (i) shall 
                        constitute the official ballot and shall be 
                        preserved and used as the official ballot for 
                        purposes of any recount or audit conducted with 
                        respect to any election for Federal office in 
                        which the voting system is used.
                            ``(iii) Manual counting requirements for 
                        recounts and audits.--(I) Each paper ballot 
                        used pursuant to clause (i) shall be suitable 
                        for a manual audit, and shall be counted by 
                        hand in any recount or audit conducted with 
                        respect to any election for Federal office.
                            ``(II) In the event of any inconsistencies 
                        or irregularities between any electronic vote 
                        tallies and the vote tallies determined by 
                        counting by hand the individual, durable, 
                        voter-verified, paper ballots used pursuant to 
                        clause (i), and subject to subparagraph (B), 
                        the individual, durable, voter-verified, paper 
                        ballots shall be the true and correct record of 
                        the votes cast.
                            ``(iv) Application to all ballots.--The 
                        requirements of this subparagraph shall apply 
                        to all ballots cast in elections for Federal 
                        office, including ballots cast by absent 
                        uniformed services voters and overseas voters 
                        under the Uniformed and Overseas Citizens 
                        Absentee Voting Act and other absentee voters.
                    ``(B) Special rule for treatment of disputes when 
                paper ballots have been shown to be compromised.--
                            ``(i) In general.--In the event that--
                                    ``(I) there is any inconsistency 
                                between any electronic vote tallies and 
                                the vote tallies determined by counting 
                                by hand the individual, durable, voter-
                                verified, paper ballots used pursuant 
                                to subparagraph (A)(i) with respect to 
                                any election for Federal office; and
                                    ``(II) it is demonstrated by clear 
                                and convincing evidence (as determined 
                                in accordance with the applicable 
                                standards in the jurisdiction involved) 
                                in any recount, audit, or contest of 
                                the result of the election that the 
                                paper ballots have been compromised (by 
                                damage or mischief or otherwise) and 
                                that a sufficient number of the ballots 
                                have been so compromised that the 
                                result of the election could be 
                                changed,
                        the determination of the appropriate remedy 
                        with respect to the election shall be made in 
                        accordance with applicable State law, except 
                        that the electronic tally shall not be used as 
                        the exclusive basis for determining the 
                        official certified result.
                            ``(ii) Rule for consideration of ballots 
                        associated with each voting machine.--For 
                        purposes of clause (i), only the paper ballots 
                        deemed compromised, if any, shall be considered 
                        in the calculation of whether or not the result 
                        of the election could be changed due to the 
                        compromised paper ballots.''.
    (b) 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 used under paragraph (2))'' after ``voting system''.
    (c) Other Conforming Amendments.--Section 301(a)(1) of such Act (42 
U.S.C. 15481(a)(1)) is amended--
            (1) in subparagraph (A)(i), by striking ``counted'' and 
        inserting ``counted, in accordance with paragraphs (2) and 
        (3)'';
            (2) in subparagraph (A)(ii), by striking ``counted'' and 
        inserting ``counted, in accordance with paragraphs (2) and 
        (3)'';
            (3) in subparagraph (A)(iii), by striking ``counted'' each 
        place it appears and inserting ``counted, in accordance with 
        paragraphs (2) and (3)''; and
            (4) in subparagraph (B)(ii), by striking ``counted'' and 
        inserting ``counted, in accordance with paragraphs (2) and 
        (3)''.

SEC. 102. ACCESSIBILITY AND BALLOT VERIFICATION FOR INDIVIDUALS WITH 
              DISABILITIES.

    (a) In General.--Section 301(a)(3)(B) of the Help America Vote Act 
of 2002 (42 U.S.C. 15481(a)(3)(B)) is amended to read as follows:
                    ``(B)(i) satisfy the requirement of subparagraph 
                (A) through the use of at least one voting system 
                equipped for individuals with disabilities, including 
                nonvisual and enhanced visual accessibility for the 
                blind and visually impaired, and nonmanual and enhanced 
                manual accessibility for the mobility and dexterity 
                impaired, at each polling place; and
                    ``(ii) meet the requirements of subparagraph (A) 
                and paragraph (2)(A) by using a system that--
                            ``(I) allows the voter to privately and 
                        independently verify the permanent paper ballot 
                        through the presentation, in accessible form, 
                        of the printed or marked vote selections from 
                        the same printed or marked information that 
                        would be used for any vote counting or 
                        auditing; and
                            ``(II) allows the voter to privately and 
                        independently verify and cast the permanent 
                        paper ballot without requiring the voter to 
                        manually handle the paper ballot; and''.
    (b) Specific Requirement of Study, Testing, and Development of 
Accessible Paper Ballot Verification Mechanisms.--
            (1) Study and reporting.--Subtitle C of title II of such 
        Act (42 U.S.C. 15381 et seq.) is amended--
                    (A) by redesignating section 247 as section 248; 
                and
                    (B) by inserting after section 246 the following 
                new section:

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

    ``(a) Study and Report.--The Director of the National Science 
Foundation shall make grants to not fewer than 3 eligible entities to 
study, test, and develop accessible paper ballot voting, verification, 
and casting mechanisms and devices and best practices to enhance the 
accessibility of paper ballot voting and 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.
    ``(b) Eligibility.--An entity is eligible to receive a grant under 
this part if it submits to the Director (at such time and in such form 
as the Director may require) an application containing--
            ``(1) certifications that the entity shall specifically 
        investigate enhanced methods or devices, including non-
        electronic devices, that will assist such individuals and 
        voters in marking voter-verified paper ballots and presenting 
        or transmitting the information printed or marked on such 
        ballots back to such individuals and voters, and casting such 
        ballots;
            ``(2) a certification that the entity shall complete the 
        activities carried out with the grant not later than December 
        31, 2011; and
            ``(3) such other information and certifications as the 
        Director may require.
    ``(c) Availability of Technology.--Any technology developed with 
the grants made under this section shall be treated as non-proprietary 
and shall be made available to the public, including to manufacturers 
of voting systems.
    ``(d) Coordination With Grants for Technology Improvements.--The 
Director shall carry out this section so that the activities carried 
out with the grants made under subsection (a) are coordinated with the 
research conducted under the grant program carried out by the 
Commission under section 271, to the extent that the Director and 
Commission determine necessary to provide for the advancement of 
accessible voting technology.
    ``(e) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out subsection (a) $5,000,000, to remain 
available until expended.''.
            (2) Clerical amendment.--The table of contents of such Act 
        is amended--
                    (A) by redesignating the item relating to section 
                247 as relating to section 248; and
                    (B) by inserting after the item relating to section 
                246 the following new item:

``Sec. 247. Study and report on accessible paper ballot verification 
                            mechanisms.''.
    (c) Clarification of Accessibility Standards Under Voluntary Voting 
System Guidance.--In adopting any voluntary guidance under subtitle B 
of title III of the Help America Vote Act with respect to the 
accessibility of the paper ballot verification requirements for 
individuals with disabilities, the Election Assistance Commission shall 
include and apply the same accessibility standards applicable under the 
voluntary guidance adopted for accessible voting systems under such 
subtitle.
    (d) Permitting Use of Funds for Protection and Advocacy Systems To 
Support Actions To Enforce Election-Related Disability Access.--Section 
292(a) of the Help America Vote Act of 2002 (42 U.S.C. 15462(a)) is 
amended by striking ``; except that'' and all that follows and 
inserting a period.

SEC. 103. ADDITIONAL VOTING SYSTEM REQUIREMENTS.

    (a) Requirements Described.--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 paragraphs:
            ``(7) Prohibiting use of uncertified election-dedicated 
        voting system technologies; disclosure requirements.--
                    ``(A) In general.--A voting system used in an 
                election for Federal office in a State may not at any 
                time during the election contain or use any election-
                dedicated voting system technology--
                            ``(i) which has not been certified by the 
                        State for use in the election; and
                            ``(ii) which has not been deposited with an 
                        accredited laboratory described in section 231 
                        to be held in escrow and disclosed in 
                        accordance with this section.
                    ``(B) Requirement for disclosure and limitation on 
                restricting disclosure.--An accredited laboratory under 
                section 231 with whom an election-dedicated voting 
                system technology has been deposited shall--
                            ``(i) hold the technology in escrow; and
                            ``(ii) disclose technology and information 
                        regarding the technology to another person if--
                                    ``(I) the person is a qualified 
                                person described in subparagraph (C) 
                                who has entered into a nondisclosure 
                                agreement with respect to the 
                                technology which meets the requirements 
                                of subparagraph (D); or
                                    ``(II) the laboratory is permitted 
                                or required to disclose the technology 
                                to the person under State law, in 
                                accordance with the terms and 
                                conditions applicable under such law.
                    ``(C) Qualified persons described.--With respect to 
                the disclosure of election-dedicated voting system 
                technology by a laboratory under subparagraph 
                (B)(ii)(I), a `qualified person' is any of the 
                following:
                            ``(i) A governmental entity with 
                        responsibility for the administration of voting 
                        and election-related matters for purposes of 
                        reviewing, analyzing, or reporting on the 
                        technology.
                            ``(ii) A party to pre- or post-election 
                        litigation challenging the result of an 
                        election or the administration or use of the 
                        technology used in an election, including but 
                        not limited to election contests or challenges 
                        to the certification of the technology, or an 
                        expert for a party to such litigation, for 
                        purposes of reviewing or analyzing the 
                        technology to support or oppose the litigation, 
                        and all parties to the litigation shall have 
                        access to the technology for such purposes.
                            ``(iii) A person not described in clause 
                        (i) or (ii) who reviews, analyzes, or reports 
                        on the technology solely for an academic, 
                        scientific, technological, or other 
                        investigation or inquiry concerning the 
                        accuracy or integrity of the technology.
                    ``(D) Requirements for nondisclosure agreements.--A 
                nondisclosure agreement entered into with respect to an 
                election-dedicated voting system technology meets the 
                requirements of this subparagraph if the agreement--
                            ``(i) is limited in scope to coverage of 
                        the technology disclosed under subparagraph (B) 
                        and any trade secrets and intellectual property 
                        rights related thereto;
                            ``(ii) does not prohibit a signatory from 
                        entering into other nondisclosure agreements to 
                        review other technologies under this paragraph;
                            ``(iii) exempts from coverage any 
                        information the signatory lawfully obtained 
                        from another source or any information in the 
                        public domain;
                            ``(iv) remains in effect for not longer 
                        than the life of any trade secret or other 
                        intellectual property right related thereto;
                            ``(v) prohibits the use of injunctions 
                        barring a signatory from carrying out any 
                        activity authorized under subparagraph (C), 
                        including injunctions limited to the period 
                        prior to a trial involving the technology;
                            ``(vi) is silent as to damages awarded for 
                        breach of the agreement, other than a reference 
                        to damages available under applicable law;
                            ``(vii) allows disclosure of evidence of 
                        crime, including in response to a subpoena or 
                        warrant;
                            ``(viii) allows the signatory to perform 
                        analyses on the technology (including by 
                        executing the technology), disclose reports and 
                        analyses that describe operational issues 
                        pertaining to the technology (including 
                        vulnerabilities to tampering, errors, risks 
                        associated with use, failures as a result of 
                        use, and other problems), and describe or 
                        explain why or how a voting system failed or 
                        otherwise did not perform as intended; and
                            ``(ix) provides that the agreement shall be 
                        governed by the trade secret laws of the 
                        applicable State.
                    ``(E) Election-dedicated voting system technology 
                defined.--For purposes of this paragraph:
                            ``(i) In general.--The term `election-
                        dedicated voting system technology' means the 
                        following:
                                    ``(I) The source code used for the 
                                trusted build and its file signatures.
                                    ``(II) A complete disk image of the 
                                pre-build, build environment, and any 
                                file signatures to validate that it is 
                                unmodified.
                                    ``(III) A complete disk image of 
                                the post-build, build environment, and 
                                any file signatures to validate that it 
                                is unmodified.
                                    ``(IV) All executable code produced 
                                by the trusted build and any file 
                                signatures to validate that it is 
                                unmodified.
                                    ``(V) Installation devices and 
                                software file signatures.
                            ``(ii) Exclusion.--Such term does not 
                        include `commercial-off-the-shelf' software and 
                        hardware defined under the 2005 voluntary 
                        voting system guidelines adopted by the 
                        Commission under section 222.
            ``(8) Prohibition of use of wireless communications devices 
        in systems or devices.--No system or device upon which ballots 
        are programmed or votes are cast or tabulated shall contain, 
        use, or be accessible by any wireless, power-line, or concealed 
        communication device, except that enclosed infrared 
        communications devices which are certified for use in such 
        device by the State and which cannot be used for any remote or 
        wide area communications or used without the knowledge of poll 
        workers shall be permitted.
            ``(9) Prohibiting connection of system to the internet.--
                    ``(A) In general.--No system or device upon which 
                ballots are programmed or votes are cast or tabulated 
                shall be connected to the Internet at any time.
                    ``(B) Rule of construction.--Nothing contained in 
                this paragraph shall be deemed to prohibit the 
                Commission from conducting the studies under section 
                242 or to conduct other similar studies under any other 
                provision of law in a manner consistent with this 
                paragraph.
            ``(10) 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, blank ballots, 
                        and completed ballots used in connection with 
                        voting systems, and shall make the information 
                        available upon request to the Commission.
                            ``(ii) The manufacturer shall disclose to 
                        an accredited laboratory under section 231 and 
                        to the appropriate election official any 
                        information required to be disclosed under 
                        paragraph (7).
                            ``(iii) After the appropriate election 
                        official has certified the election-dedicated 
                        and other voting system software for use in an 
                        election, the manufacturer may not--
                                    ``(I) alter such software; or
                                    ``(II) insert or use in the voting 
                                system any software, software patch, or 
                                other software modification not 
                                certified by the State for use in the 
                                election.
                            ``(iv) At the request of the Commission--
                                    ``(I) the appropriate election 
                                official shall submit information to 
                                the Commission regarding the State's 
                                compliance with this subparagraph; and
                                    ``(II) the manufacturer shall 
                                submit information to the Commission 
                                regarding the manufacturer's compliance 
                                with this subparagraph.
                    ``(C) Development and publication of best practices 
                of secure chain of custody.--Not later than August 1, 
                2010, the Commission shall develop and make publicly 
                available best practices regarding the requirement of 
                subparagraph (B)(i) and (B)(iii), and in the case of 
                subparagraph (B)(iii), shall include best practices for 
                certifying software patches and minor software 
                modifications under short deadlines.
                    ``(D) Disclosure of secure chain of custody.--The 
                Commission shall make information provided to the 
                Commission under subparagraph (B)(i) available to any 
                person upon request.
            ``(11) Durability and readability requirements for 
        ballots.--
                    ``(A) Durability requirements for paper ballots.--
                            ``(i) In general.--All voter-verified paper 
                        ballots required to be used under this Act 
                        shall be marked or printed on durable paper.
                            ``(ii) Definition.--For purposes of this 
                        Act, paper is `durable' if it is capable of 
                        withstanding multiple counts and recounts by 
                        hand without compromising the fundamental 
                        integrity of the ballots, and capable of 
                        retaining the information marked or printed on 
                        them for the full duration of a retention and 
                        preservation period of 22 months.
                    ``(B) Readability requirements for paper ballots 
                marked by ballot marking device.--All voter-verified 
                paper ballots completed by the voter through the use of 
                a ballot marking device shall be clearly readable by 
                the voter without assistance (other than eyeglasses or 
                other personal vision enhancing devices) and by a 
                scanner or other device equipped for individuals with 
                disabilities.''.
    (b) Requiring Laboratories To Meet Standards Prohibiting Conflicts 
of Interest as Condition of Accreditation for Testing of Voting System 
Hardware and Software.--
            (1) In general.--Section 231(b) of such Act (42 U.S.C. 
        15371(b)) is amended by adding at the end the following new 
        paragraphs:
            ``(3) Prohibiting conflicts of interest; ensuring 
        availability of results.--
                    ``(A) In general.--A laboratory may not be 
                accredited by the Commission for purposes of this 
                section unless--
                            ``(i) the laboratory certifies that the 
                        only compensation it receives for the testing 
                        carried out in connection with the 
                        certification, decertification, and 
                        recertification of the manufacturer's voting 
                        system hardware and software is the payment 
                        made from the Testing Escrow Account under 
                        paragraph (4);
                            ``(ii) the laboratory meets such standards 
                        as the Commission shall establish (after notice 
                        and opportunity for public comment) to prevent 
                        the existence or appearance of any conflict of 
                        interest in the testing carried out by the 
                        laboratory under this section, including 
                        standards to ensure that the laboratory does 
                        not have a financial interest in the 
                        manufacture, sale, and distribution of voting 
                        system hardware and software, and is 
                        sufficiently independent from other persons 
                        with such an interest;
                            ``(iii) the laboratory certifies that it 
                        will permit an expert designated by the 
                        Commission or by the State requiring 
                        certification of the system being tested 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, from all laboratories which are accredited 
                under this section to carry out the specific testing 
                requested by the manufacturer, an accredited laboratory 
                to carry out the testing.
                    ``(E) Payments to laboratories.--Upon receiving a 
                certification from a laboratory selected to carry out 
                testing pursuant to subparagraph (D) that the testing 
                is completed, along with a copy of the results of the 
                test as required under paragraph (3)(A)(iv), the 
                Commission shall make a payment to the laboratory from 
                the Testing Escrow Account established under 
                subparagraph (A) in an amount equal to the applicable 
                fee paid by the manufacturer under subparagraph 
                (C)(ii).
            ``(5) Dissemination of additional information on accredited 
        laboratories.--
                    ``(A) Information on testing.--Upon completion of 
                the testing of a voting system under this section, the 
                Commission shall promptly disseminate to the public the 
                identification of the laboratory which carried out the 
                testing.
                    ``(B) Information on status of laboratories.--The 
                Commission shall promptly notify Congress, the chief 
                State election official of each State, and the public 
                whenever--
                            ``(i) the Commission revokes, terminates, 
                        or suspends the accreditation of a laboratory 
                        under this section;
                            ``(ii) the Commission restores the 
                        accreditation of a laboratory under this 
                        section which has been revoked, terminated, or 
                        suspended; or
                            ``(iii) the Commission has credible 
                        evidence of significant security failure at an 
                        accredited laboratory.''.
            (2) Conforming amendments.--Section 231 of such Act (42 
        U.S.C. 15371) is further amended--
                    (A) 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.'';
                    (B) 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.'';
                    (C) in subsection (b)(1), by striking ``testing, 
                certification, decertification, and recertification'' 
                and inserting ``testing''; and
                    (D) in subsection (d), by striking ``testing, 
                certification, decertification, and recertification'' 
                each place it appears and inserting ``testing''.
            (3) Deadline for establishment of standards, escrow 
        account, and schedule of fees.--The Election Assistance 
        Commission shall establish the standards described in section 
        231(b)(3) of the Help America Vote Act of 2002 and the Testing 
        Escrow Account and schedule of fees described in section 
        231(b)(4) of such Act (as added by paragraph (1)) not later 
        than January 1, 2010.
            (4) Authorization of appropriations.--There are authorized 
        to be appropriated to the Election Assistance Commission such 
        sums as may be necessary to carry out the Commission's duties 
        under paragraphs (3) and (4) of section 231 of the Help America 
        Vote Act of 2002 (as added by paragraph (1)).
    (c) Grants for Research on Development of Election-Dedicated Voting 
System Software.--
            (1) In general.--Subtitle D of title II of the Help America 
        Vote Act of 2002 (42 U.S.C. 15401 et seq.) is amended by adding 
        at the end the following new part:

  ``PART 7--GRANTS FOR RESEARCH ON DEVELOPMENT OF ELECTION-DEDICATED 
                         VOTING SYSTEM SOFTWARE

``SEC. 297. GRANTS FOR RESEARCH ON DEVELOPMENT OF ELECTION-DEDICATED 
              VOTING SYSTEM SOFTWARE.

    ``(a) In General.--The Director of the National Science Foundation 
(hereafter in this part referred to as the `Director') shall make 
grants to not fewer than 3 eligible entities to conduct research on the 
development of election-dedicated voting system software.
    ``(b) Eligibility.--An entity is eligible to receive a grant under 
this part if it submits to the Director (at such time and in such form 
as the Director may require) an application containing--
            ``(1) certifications regarding the benefits of operating 
        voting systems on election-dedicated software which is easily 
        understandable and which is written exclusively for the purpose 
        of conducting elections;
            ``(2) certifications that the entity will use the funds 
        provided under the grant to carry out research on how to 
        develop voting systems that run on election-dedicated software 
        and that will meet the applicable requirements for voting 
        systems under title III; and
            ``(3) such other information and certifications as the 
        Director may require.
    ``(c) Availability of Technology.--Any technology developed with 
the grants made under this section shall be treated as non-proprietary 
and shall be made available to the public, including to manufacturers 
of voting systems.
    ``(d) Authorization of Appropriations.--There are authorized to be 
appropriated for grants under this section $1,500,000 for each of 
fiscal years 2010 and 2011, to remain available until expended.''.
            (2) Clerical amendment.--The table of contents of such Act 
        is amended by adding at the end of the items relating to 
        subtitle D of title II the following:

  ``Part 7--Grants for Research on Development of Election-Dedicated 
                         Voting System Software

``Sec. 297. Grants for research on development of election-dedicated 
                            voting system software.''.

SEC. 104. AVAILABILITY OF ADDITIONAL FUNDING TO ENABLE STATES TO MEET 
              COSTS OF REVISED REQUIREMENTS.

    (a) 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 2010, the sum of--
                    ``(A) $1,000,000,000, except that any funds 
                provided under the authorization made by this 
                subparagraph 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 title I of 
                the Voter Confidence and Increased Accessibility Act of 
                2009, or to otherwise modify or replace its voting 
                systems in response to such amendments; plus
                    ``(B) such sums as may be necessary to enable 
                States to carry out the activities described in 
                subparagraph (A) with respect to requirements which 
                first apply to the regularly scheduled general election 
                for Federal office held in November 2014, except that 
                any funds provided under the authorization made by this 
                subparagraph shall be used by a State only for carrying 
                out these activities.''.
    (b) 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 used to meet requirements 
        imposed under voter confidence and increased accessibility act 
        of 2009.--
                    ``(A) In general.--In the case of the requirements 
                payment made to a State under the authorization made by 
                section 257(a)(4) for fiscal year 2010 or any fiscal 
                year thereafter, the `State allocation percentage' for 
                a State is the amount (expressed as a percentage) equal 
                to the quotient of--
                            ``(i) the sum of the number of noncompliant 
                        precincts in the State and 50 percent of the 
                        number of partially noncompliant precincts in 
                        the State; and
                            ``(ii) the sum of the number of 
                        noncompliant precincts in all States and 50 
                        percent of the number of partially noncompliant 
                        precincts in all States.
                    ``(B) Noncompliant precinct defined.--In this 
                paragraph, a `noncompliant precinct' means any precinct 
                (or equivalent location) within a State for which the 
                voting system used to administer the regularly 
                scheduled general election for Federal office held in 
                November 2008 did not meet either of the requirements 
                described in subparagraph (D).
                    ``(C) Partially noncompliant precinct defined.--In 
                this paragraph, a `partially noncompliant precinct' 
                means any precinct (or equivalent location) within a 
                State for which the voting system used to administer 
                the regularly scheduled general election for Federal 
                office held in November 2008 met only one of the 
                requirements described in subparagraph (D).
                    ``(D) Requirements described.--The requirements 
                described in this subparagraph with respect to a voting 
                system are as follows:
                            ``(i) The primary voting system required 
                        the use of durable paper ballots (as described 
                        in section 301(a)(2)(A)(i)(I) and 
                        301(a)(11)(A), as amended or added by the Voter 
                        Confidence and Increased Accessibility Act of 
                        2009) for every vote cast.
                            ``(ii) The voting system allowed the voter 
                        to privately and independently verify the 
                        permanent paper ballot through the presentation 
                        of the same printed or marked information used 
                        for vote counting and auditing and to privately 
                        and independently cast the permanent paper 
                        ballot without handling the ballot manually.''.
    (c) Revised Conditions for Receipt of Funds.--Section 253 of such 
Act (42 U.S.C. 15403) is amended--
            (1) in subsection (a), by striking ``A State is eligible'' 
        and inserting ``Except as provided in subsection (f), a State 
        is eligible''; and
            (2) by adding at the end the following new subsection:
    ``(f) Special Rule for Payments Used To Meet Requirements Imposed 
Under Voter Confidence and Increased Accessibility Act of 2009.--
            ``(1) In general.--Notwithstanding any other provision of 
        this part, a State is eligible to receive a requirements 
        payment under the authorization made by section 257(a)(4) for 
        fiscal year 2010 or any fiscal year thereafter if, not later 
        than 90 days after the date of the enactment of the Voter 
        Confidence and Increased Accessibility Act of 2009, the chief 
        executive officer of the State, or designee, in consultation 
        and coordination with the chief State election official--
                    ``(A) certifies to the Commission the number of 
                noncompliant and partially noncompliant precincts in 
                the State (as defined in section 252(b)(2));
                    ``(B) certifies to the Commission that the State 
                will reimburse each unit of local government in the 
                State for any costs the unit incurs in carrying out the 
                activities for which the payment may be used; and
                    ``(C) files a statement with the Commission 
                describing the State's need for the payment and how the 
                State will use the payment to meet the requirements of 
                title III (in accordance with the limitations 
                applicable to the use of the payment under section 
                257(a)(4)).
            ``(2) Certifications by states that require changes to 
        state law.--In the case of a State that requires State 
        legislation to carry out any activity covered by any 
        certification submitted under this subsection, the State shall 
        be permitted to make the certification notwithstanding that the 
        legislation has not been enacted at the time the certification 
        is submitted and such State shall submit an additional 
        certification once such legislation is enacted.''.
    (d) Permitting Use of Funds for Reimbursement for Costs Previously 
Incurred.--Section 251(c)(1) of such Act (42 U.S.C. 15401(c)(1)) is 
amended by striking the period at the end and inserting the following: 
``, or as a reimbursement for any costs incurred after November 2004 in 
meeting the requirements of title III which are imposed pursuant to the 
amendments made by title I of the Voter Confidence and Increased 
Accessibility Act of 2009 or in otherwise upgrading or replacing voting 
systems in a manner consistent with such amendments (so long as the 
voting systems meet any of the requirements that apply with respect to 
elections for Federal office held in 2014 and each succeeding year).''.
    (e) Rule of Construction Regarding States Receiving Other Funds for 
Replacing Punch Card, Lever, or Other Voting Machines.--Nothing in the 
amendments made by this section 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 section.
    (f) Rule of Construction Regarding Use of Funds Received in Prior 
Years.--
            (1) In general.--Nothing contained in this Act or the Help 
        America Vote Act of 2002 may be construed to prohibit a State 
        from using funds received under title I or II of the Help 
        America Vote Act of 2002 to purchase or acquire by other means 
        a voting system that meets the requirements of paragraphs (2) 
        and (3) of section 301 of the Help America Vote Act of 2002 (as 
        amended by this Act) in order to replace voting systems 
        purchased with funds received under the Help America Vote Act 
        of 2002 that do not meet such requirements.
            (2) Waiver of notice and comment requirements.--The 
        requirements of subparagraphs (A), (B), and (C) of section 
        254(a)(11) of the Help America Vote Act of 2002 shall not apply 
        to any State using funds received under such Act for the 
        purposes described in subparagraph (A) or (B) of paragraph (1).
    (g) Effective Date.--The amendments made by this section shall 
apply with respect to fiscal years beginning with fiscal year 2010.

SEC. 105. EFFECTIVE DATE FOR NEW REQUIREMENTS.

    Section 301(d) of the Help America Vote Act of 2002 (42 U.S.C. 
15481(d)) is amended to read as follows:
    ``(d) Effective Date.--
            ``(1) In general.--Except as provided in paragraph (2), 
        each State and jurisdiction shall be required to comply with 
        the requirements of this section on and after January 1, 2006.
            ``(2) Special rule for certain requirements.--
                    ``(A) In general.--Except as provided in 
                subparagraphs (B) and (C), the requirements of this 
                section which are first imposed on a State and 
                jurisdiction pursuant to the amendments made by title I 
                of the Voter Confidence and Increased Accessibility Act 
                of 2009 shall apply with respect to voting systems used 
                for the regularly scheduled general election for 
                Federal office held in November 2010 and each 
                succeeding election for Federal office.
                    ``(B) Delay for jurisdictions using certain paper 
                record printers or certain systems using or producing 
                voter-verifiable paper records in 2008.--
                            ``(i) Delay.--In the case of a jurisdiction 
                        described in clause (ii), subparagraph (A) 
                        shall apply to a voting system in the 
                        jurisdiction as if the reference in such 
                        subparagraph to `the regularly scheduled 
                        general election for Federal office held in 
                        November 2010 and each succeeding election for 
                        Federal office' were a reference to `elections 
                        for Federal office occurring during 2014 and 
                        each succeeding year', but only with respect to 
                        the following requirements of this section:
                                    ``(I) Paragraph (2)(A)(i)(I) of 
                                subsection (a) (relating to the use of 
                                voter-marked paper ballots).
                                    ``(II) Paragraph (3)(B)(ii) (I) and 
                                (II) of subsection (a) (relating to 
                                access to verification from and casting 
                                of the durable paper ballot).
                                    ``(III) Paragraph (11) of 
                                subsection (a) (relating to durability 
                                and readability requirements for 
                                ballots).
                            ``(ii) Jurisdictions described.--A 
                        jurisdiction described in this clause is a 
                        jurisdiction--
                                    ``(I) which used voter verifiable 
                                paper record printers attached to 
                                direct recording electronic voting 
                                machines, or which used other voting 
                                systems that used or produced paper 
                                records of the vote verifiable by 
                                voters but that are not in compliance 
                                with paragraphs (2)(A)(i)(I), 
                                (3)(B)(ii) (I) and (II), and (11) of 
                                subsection (a) (as amended or added by 
                                the Voter Confidence and Increased 
                                Accessibility Act of 2009), for the 
                                administration of the regularly 
                                scheduled general election for Federal 
                                office held in November 2008; and
                                    ``(II) which will continue to use 
                                such printers or systems for the 
                                administration of elections for Federal 
                                office held in years before 2014.
                            ``(iii) Mandatory availability of paper 
                        ballots at polling places using grandfathered 
                        printers and systems.--
                                    ``(I) Requiring ballots to be 
                                offered and provided.--The appropriate 
                                election official at each polling place 
                                that uses a printer or system described 
                                in clause (ii)(I) for the 
                                administration of elections for Federal 
                                office shall offer each individual who 
                                is eligible to cast a vote in the 
                                election at the polling place the 
                                opportunity to cast the vote using a 
                                blank pre-printed paper ballot which 
                                the individual may mark by hand and 
                                which is not produced by the direct 
                                recording electronic voting machine or 
                                other such system. The official shall 
                                provide the individual with the ballot 
                                and the supplies necessary to mark the 
                                ballot, and shall ensure (to the 
                                greatest extent practicable) that the 
                                waiting period for the individual to 
                                cast a vote is the lesser of 30 minutes 
                                or the average waiting period for an 
                                individual who does not agree to cast 
                                the vote using such a paper ballot 
                                under this clause.
                                    ``(II) Treatment of ballot.--Any 
                                paper ballot which is cast by an 
                                individual under this clause shall be 
                                counted and otherwise treated as a 
                                regular ballot for all purposes 
                                (including by incorporating it into the 
                                final unofficial vote count (as defined 
                                by the State) for the precinct) and not 
                                as a provisional ballot, unless the 
                                individual casting the ballot would 
                                have otherwise been required to cast a 
                                provisional ballot.
                                    ``(III) Posting of notice.--The 
                                appropriate election official shall 
                                ensure there is prominently displayed 
                                at each polling place a notice that 
                                describes the obligation of the 
                                official to offer individuals the 
                                opportunity to cast votes using a pre-
                                printed blank paper ballot.
                                    ``(IV) Training of election 
                                officials.--The chief State election 
                                official shall ensure that election 
                                officials at polling places in the 
                                State are aware of the requirements of 
                                this clause, including the requirement 
                                to display a notice under subclause 
                                (III), and are aware that it is a 
                                violation of the requirements of this 
                                title for an election official to fail 
                                to offer an individual the opportunity 
                                to cast a vote using a blank pre-
                                printed paper ballot.
                                    ``(V) Period of applicability.--The 
                                requirements of this clause apply only 
                                during the period in which the delay is 
                                in effect under clause (i).
                    ``(C) Special rule for jurisdictions using certain 
                nontabulating ballot marking devices.--In the case of a 
                jurisdiction which uses a nontabulating ballot marking 
                device which automatically deposits the ballot into a 
                privacy sleeve, subparagraph (A) shall apply to a 
                voting system in the jurisdiction as if the reference 
                in such subparagraph to `the regularly scheduled 
                general election for Federal office held in November 
                2010 and each succeeding election for Federal office' 
                were a reference to `elections for Federal office 
                occurring during 2014 and each succeeding year', but 
                only with respect to paragraph (3)(B)(ii)(II) of 
                subsection (a) (relating to nonmanual casting of the 
                durable paper ballot).''.

                  TITLE II--ENHANCEMENT OF ENFORCEMENT

SEC. 201. ENHANCEMENT OF ENFORCEMENT OF HELP AMERICA VOTE ACT OF 2002.

    Section 401 of the Help America Vote Act of 2002 (42 U.S.C. 15511) 
is amended--
            (1) by striking ``The Attorney General'' and inserting 
        ``(a) In General.--The Attorney General''; and
            (2) by adding at the end the following new subsections:
    ``(b) Filing of Complaints by Aggrieved Persons.--
            ``(1) In general.--A person who is aggrieved by a violation 
        of section 301, 302, or 303 which has occurred, is occurring, 
        or is about to occur may file a written, signed, notarized 
        complaint with the Attorney General describing the violation 
        and requesting the Attorney General to take appropriate action 
        under this section. The Attorney General shall immediately 
        provide a copy of a complaint filed under the previous sentence 
        to the entity responsible for administering the State-based 
        administrative complaint procedures described in section 402(a) 
        for the State involved.
            ``(2) Response by attorney general.--The Attorney General 
        shall respond to each complaint filed under paragraph (1), in 
        accordance with procedures established by the Attorney General 
        that require responses and determinations to be made within the 
        same (or shorter) deadlines which apply to a State under the 
        State-based administrative complaint procedures described in 
        section 402(a)(2). The Attorney General shall immediately 
        provide a copy of the response made under the previous sentence 
        to the entity responsible for administering the State-based 
        administrative complaint procedures described in section 402(a) 
        for the State involved.
    ``(c) Availability of Private Right of Action.--Any person who is 
authorized to file a complaint under subsection (b)(1) (including any 
individual who seeks to enforce the individual's right to a voter-
verified paper ballot, the right to have the voter-verified paper 
ballot counted in accordance with this Act, or any other right under 
subtitle A of title III) may file an action under section 1979 of the 
Revised Statutes of the United States (42 U.S.C. 1983) 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.''.

    TITLE III--REQUIREMENT FOR MANDATORY MANUAL AUDITS BY HAND COUNT

SEC. 301. MANDATORY MANUAL AUDITS.

    Title III of the Help America Vote Act of 2002 (42 U.S.C. 15481 et 
seq.) is amended by adding at the end the following new subtitle:

                 ``Subtitle C--Mandatory Manual Audits

``SEC. 321. REQUIRING AUDITS OF RESULTS OF ELECTIONS.

    ``(a) Requiring Audits.--
            ``(1) In general.--In accordance with this subtitle, each 
        State shall administer, without advance notice to the precincts 
        or alternative audit units selected, audits of the results of 
        all elections for Federal office held in the State (and, at the 
        option of the State or jurisdiction involved, of elections for 
        State and local office held at the same time as such election) 
        consisting of random hand counts of the voter-verified paper 
        ballots required to be used and preserved pursuant to section 
        301(a)(2).
            ``(2) Exception for certain elections.--A State shall not 
        be required to administer an audit of the results of an 
        election for Federal office under this subtitle if the winning 
        candidate in the election--
                    ``(A) had no opposition on the ballot; or
                    ``(B) received 80 percent or more of the total 
                number of votes cast in the election, as determined on 
                the basis of the final unofficial vote count.
    ``(b) Determination of Entity Conducting Audits; Application of GAO 
Independence Standards.--The State shall administer audits under this 
subtitle through an entity selected for such purpose by the State in 
accordance with such criteria as the State considers appropriate 
consistent with the requirements of this subtitle, except that the 
entity must meet the general standards established by the Comptroller 
General and as set forth in the Comptroller General's Government 
Auditing Standards to ensure the independence (including, except as 
provided under section 323(b), the organizational independence) of 
entities performing financial audits, attestation engagements, and 
performance audits.
    ``(c) References to Election Auditor.--In this subtitle, the term 
`Election Auditor' means, with respect to a State, the entity selected 
by the State under subsection (b).

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

    ``(a) In General.--Except as provided in subsection (b), the number 
of voter-verified paper ballots which will be subject to a hand count 
administered by the Election Auditor of a State under this subtitle 
with respect to an election shall be determined as follows:
            ``(1) In the event that the unofficial count as described 
        in section 323(a)(1) reveals that the margin of victory between 
        the two candidates receiving the largest number of votes in the 
        election is less than 1 percent of the total votes cast in that 
        election, the hand counts of the voter-verified paper ballots 
        shall occur in at least 10 percent of all precincts or 
        equivalent locations (or alternative audit units used in 
        accordance with the method provided for under subsection (b)) 
        in the Congressional district involved (in the case of an 
        election for the House of Representatives) or the State (in the 
        case of any other election for Federal office).
            ``(2) In the event that the unofficial count as described 
        in section 323(a)(1) reveals that the margin of victory between 
        the two candidates receiving the largest number of votes in the 
        election is greater than or equal to 1 percent but less than 2 
        percent of the total votes cast in that election, the hand 
        counts of the voter-verified paper ballots shall occur in at 
        least 5 percent of all precincts or equivalent locations (or 
        alternative audit units used in accordance with the method 
        provided for under subsection (b)) in the Congressional 
        district involved (in the case of an election for the House of 
        Representatives) or the State (in the case of any other 
        election for Federal office).
            ``(3) In the event that the unofficial count as described 
        in section 323(a)(1) reveals that the margin of victory between 
        the two candidates receiving the largest number of votes in the 
        election is equal to or greater than 2 percent of the total 
        votes cast in that election, the hand counts of the voter-
        verified paper ballots shall occur in at least 3 percent of all 
        precincts or equivalent locations (or alternative audit units 
        used in accordance with the method provided for under 
        subsection (b)) in the Congressional district involved (in the 
        case of an election for the House of Representatives) or the 
        State (in the case of any other election for Federal office).
    ``(b) Use of Alternative Mechanism.--
            ``(1) Permitting use of alternative mechanism.--
        Notwithstanding subsection (a), a State may adopt and apply an 
        alternative mechanism to determine the number of voter-verified 
        paper ballots which will be subject to the hand counts required 
        under this subtitle with respect to an election, so long as the 
        alternative mechanism uses the voter-verified paper ballots to 
        conduct the audit and the National Institute of Standards and 
        Technology determines that the alternative mechanism is in 
        accordance with the principles set forth in paragraph (2).
            ``(2) Principles for approval.--In approving an alternative 
        mechanism under paragraph (1), the National Institute of 
        Standards and Technology shall ensure that the audit procedure 
        will have the property that for each election--
                    ``(A) the alternative mechanism will be at least as 
                statistically effective in ensuring the accuracy of the 
                election results as the procedures under this subtitle; 
                or
                    ``(B) the reported election outcome will have at 
                least a 95 percent chance of being consistent with the 
                election outcome that would be obtained by a full 
                recount.
            ``(3) Deadline for response.--The Director of the National 
        Institute of Standards and Technology shall make a 
        determination regarding a State's request to approve an 
        alternative mechanism under paragraph (1) not later than 30 
        days after receiving the State's request.

``SEC. 323. PROCESS FOR ADMINISTERING AUDITS.

    ``(a) In General.--The Election Auditor of a State shall administer 
an audit under this section of the results of an election in accordance 
with the following procedures:
            ``(1) Within 24 hours after the State announces the final 
        unofficial vote count (as defined by the State) in each 
        precinct in the State, the Election Auditor shall--
                    ``(A) determine and then announce the precincts or 
                equivalent locations (or alternative audit units used 
                in accordance with the method provided under section 
                322(b)) in the State in which it will administer the 
                audits; and
                    ``(B) 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 (2)), begin to administer the hand count of 
                the votes on the voter-verified paper ballots required 
                to be used 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.
            ``(2) With respect to votes cast other than at the precinct 
        on the date of the election (other than votes cast before the 
        date of the election described in paragraph (2)) or votes cast 
        by provisional ballot on the date of the election which are 
        certified and counted by the State on or after the date of the 
        election, including votes cast by absent uniformed services 
        voters and overseas voters under the Uniformed and Overseas 
        Citizens Absentee Voting Act, the Election Auditor shall 
        administer the hand count of the votes on the applicable voter-
        verified paper ballots required to be produced and preserved 
        under section 301(a)(2)(A) and the comparison of the count of 
        the votes on those ballots with the final unofficial count of 
        such votes as announced by the State.
    ``(b) Use of Personnel.--In administering the audits, the Election 
Auditor may utilize the services of the personnel of the State or 
jurisdiction, including election administration personnel and poll 
workers, without regard to whether or not the personnel have 
professional auditing experience.
    ``(c) Location.--The Election Auditor shall administer an audit of 
an election--
            ``(1) at the location where the ballots cast in the 
        election are stored and counted after the date of the election 
        or such other appropriate and secure location agreed upon by 
        the Election Auditor and the individual that is responsible 
        under State law for the custody of the ballots; and
            ``(2) in the presence of the personnel who under State law 
        are responsible for the custody of the ballots.
    ``(d) Special Rule in Case of Delay in Reporting Absentee Vote 
Count.--In the case of a State in which the final count of absentee and 
provisional votes is not announced until after the date of the 
election, the Election Auditor shall initiate the process described in 
subsection (a) for administering the audit not later than 24 hours 
after the State announces the final unofficial vote count for the votes 
cast at the precinct or equivalent location on or before the date of 
the election, and shall initiate the administration of the audit of the 
absentee and provisional votes pursuant to subsection (a)(2) not later 
than 24 hours after the State announces the final unofficial count of 
such votes.
    ``(e) Additional Audits if Cause Shown.--
            ``(1) In general.--If the Election Auditor finds that any 
        of the hand counts administered under this section do not match 
        the final unofficial tally of the results of an election, the 
        Election Auditor shall administer hand counts under this 
        section of such additional precincts (or alternative audit 
        units) as the Election Auditor considers appropriate to resolve 
        any concerns resulting from the audit and ensure the accuracy 
        of the election results.
            ``(2) Establishment and publication of procedures governing 
        additional audits.--Not later than August 1, 2010, 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 election 
        results.
    ``(f) Public Observation of Audits.--Each audit conducted under 
this section shall be conducted in a manner that allows public 
observation of the entire process.

``SEC. 324. SELECTION OF PRECINCTS.

    ``(a) In General.--Except as provided in subsection (c), the 
selection of the precincts or alternative audit units in the State in 
which the Election Auditor of the State shall administer the hand 
counts under this subtitle shall be made by the Election Auditor on a 
random basis, in accordance with procedures adopted by the National 
Institute of Standards and Technology, except that at least one 
precinct shall be selected at random in each county, with additional 
precincts selected by the Election Auditor at the Auditor's discretion.
    ``(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 does not sort absentee ballots by 
precinct and include those ballots in the hand count with respect to 
that precinct, the State shall create absentee ballot precincts or 
audit units which are of similar size to the average precinct or audit 
unit in the jurisdiction being audited, and shall include those 
absentee precincts or audit units among the precincts in the State in 
which the Election Auditor shall administer the hand counts under this 
subtitle.
    ``(d) Deadline for Adoption of Procedures by Commission.--The 
National Institute of Standards and Technology shall adopt the 
procedures described in subsection (a) not later than March 31, 2010, 
and shall publish them in the Federal Register upon adoption.

``SEC. 325. PUBLICATION OF RESULTS.

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

``SEC. 326. PAYMENTS TO STATES.

    ``(a) Payments For Costs of Conducting Audits.--In accordance with 
the requirements and procedures of this section, the Commission shall 
make a payment to a State to cover the costs incurred by the State in 
carrying out this subtitle with respect to the elections that are the 
subject of the audits conducted under this subtitle.
    ``(b) Certification of Compliance and Anticipated Costs.--
            ``(1) Certification required.--In order to receive a 
        payment under this section, a State shall submit to the 
        Commission, in such form as the Commission may require, a 
        statement containing--
                    ``(A) a certification that the State will conduct 
                the audits required under this subtitle in accordance 
                with all of the requirements of this subtitle;
                    ``(B) a notice of the reasonable costs incurred or 
                the reasonable costs anticipated to be incurred by the 
                State in carrying out this subtitle with respect to the 
                elections involved; and
                    ``(C) such other information and assurances as the 
                Commission may require.
            ``(2) Amount of payment.--The amount of a payment made to a 
        State under this section shall be equal to the reasonable costs 
        incurred or the reasonable costs anticipated to be incurred by 
        the State in carrying out this subtitle with respect to the 
        elections involved, as set forth in the statement submitted 
        under paragraph (1).
            ``(3) Timing of notice.--The State may not submit a notice 
        under paragraph (1) until candidates have been selected to 
        appear on the ballot for all of the elections for Federal 
        office which will be the subject of the audits involved.
    ``(c) Timing of Payments.--The Commission shall make the payment 
required under this section to a State not later than 30 days after 
receiving the notice submitted by the State under subsection (b).
    ``(d) Recoupment of Overpayments.--No payment may be made to a 
State under this section unless the State agrees to repay to the 
Commission the excess (if any) of--
            ``(1) the amount of the payment received by the State under 
        this section with respect to the elections involved; over
            ``(2) the actual costs incurred by the State in carrying 
        out this subtitle with respect to the elections involved.
    ``(e) Authorization of Appropriations.--There are authorized to be 
appropriated to the Commission for fiscal year 2010 and each succeeding 
fiscal year $100,000,000 for payments under this section.

``SEC. 327. EXCEPTION FOR ELECTIONS SUBJECT TO RECOUNT UNDER STATE LAW 
              PRIOR TO CERTIFICATION.

    ``(a) Exception.--This subtitle does not apply to any election for 
which a recount under State law will commence prior to the 
certification of the results of the election, including but not limited 
to a recount required automatically because of the margin of victory 
between the 2 candidates receiving the largest number of votes in the 
election, but only if each of the following applies to the recount:
            ``(1) The recount commences prior to the determination and 
        announcement by the Election Auditor under section 323(a)(1) of 
        the precincts in the State in which it will administer the 
        audits under this subtitle.
            ``(2) If the recount would apply to fewer than 100 percent 
        of the ballots cast in the election--
                    ``(A) the number of ballots counted will be at 
                least as many as would be counted if an audit were 
                conducted with respect to the election in accordance 
                with this subtitle; and
                    ``(B) the selection of the precincts in which the 
                recount will be conducted will be made in accordance 
                with the random selection procedures applicable under 
                section 324.
            ``(3) The recount for the election meets the requirements 
        of section 323(f) (relating to public observation).
            ``(4) The State meets the requirements of section 325 
        (relating to the publication of results and the delay in the 
        certification of results) with respect to the recount.
    ``(b) Clarification of Effect on Other Requirements.--Nothing in 
this section may be construed to waive the application of any other 
provision of this Act to any election (including the requirement set 
forth in section 301(a)(2) that the voter verified paper ballots serve 
as the vote of record and shall be counted by hand in all audits and 
recounts, including audits and recounts described in this subtitle).

``SEC. 328. EFFECTIVE DATE.

    ``This subtitle shall apply with respect to elections for Federal 
office beginning with the regularly scheduled general elections held in 
November 2010.''.

SEC. 302. AVAILABILITY OF ENFORCEMENT UNDER HELP AMERICA VOTE ACT OF 
              2002.

    Section 401 of such Act (42 U.S.C. 15511), as amended by section 
201, is amended--
            (1) in subsection (a), by striking the period at the end 
        and inserting the following: ``, or the requirements of 
        subtitle C of title III.'';
            (2) in subsection (b)(1), by striking ``303'' and inserting 
        ``303, or subtitle C of title III,''; and
            (3) in subsection (c)--
                    (A) by striking ``subtitle A'' and inserting 
                ``subtitles A or C'', and
                    (B) by striking the period at the end and inserting 
                the following: ``, or the requirements of subtitle C of 
                title III.''.

SEC. 303. GUIDANCE ON BEST PRACTICES FOR ALTERNATIVE AUDIT MECHANISMS.

    (a) In General.--Not later than May 1, 2010, the Director of the 
National Institute for Standards and Technology shall establish 
guidance for States that wish to establish alternative audit mechanisms 
under section 322(b) of the Help America Vote Act of 2002 (as added by 
section 301). Such guidance shall be based upon scientifically and 
statistically reasonable assumptions for the purpose of creating an 
alternative audit mechanism that will be consistent with the principles 
for approval described in section 322(b)(2) of such Act (as so added).
    (b) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out subsection (a) $100,000, to remain available 
until expended.

SEC. 304. CLERICAL AMENDMENT.

    The table of contents of such Act is amended by adding at the end 
of the items relating to title III the following:

                 ``Subtitle C--Mandatory Manual Audits

``Sec. 321. Requiring audits of results of elections.
``Sec. 322. Number of ballots counted under audit.
``Sec. 323. Process for administering audits.
``Sec. 324. Selection of precincts.
``Sec. 325. Publication of results.
``Sec. 326. Payments to States.
``Sec. 327. Exception for elections subject to recount under State law 
                            prior to certification.
``Sec. 328. Effective date.''.

 TITLE IV--REPEAL OF EXEMPTION OF ELECTION ASSISTANCE COMMISSION FROM 
              CERTAIN GOVERNMENT CONTRACTING REQUIREMENTS

SEC. 401. 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.

                        TITLE V--EFFECTIVE DATE

SEC. 501. EFFECTIVE DATE.

    Except as otherwise provided, this Act and the amendments made by 
this Act shall apply with respect to the regularly scheduled general 
election for Federal office in November 2010 and each succeeding 
election for Federal office.
                                 <all>