[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 48 Introduced in Senate (IS)]







111th CONGRESS
  1st Session
                                 S. 48

   To amend the Help America Vote Act of 2002 to require new voting 
systems to provide a voter-verified permanent record, to develop better 
 accessible voting machines for individuals with disabilities, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 6, 2009

  Mr. Ensign 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 new voting 
systems to provide a voter-verified permanent record, to develop better 
 accessible voting machines for individuals with disabilities, 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 ``Voting Integrity and Verification 
Act of 2009''.

SEC. 2. PROMOTING ACCURACY, INTEGRITY, AND SECURITY THROUGH 
              PRESERVATION OF A VOTER-VERIFIED PERMANENT PAPER RECORD.

    (a) In General.--Section 301 of the Help America Vote Act of 2002 
(42 U.S.C. 15481) is amended--
            (1) by redesignating subsections (b), (c), and (d) as 
        subsections (c), (d), and (e), respectively; and
            (2) by inserting after subsection (a) the following:
    ``(b) Additional Requirements for Voting Systems Purchased After 
2012.--In addition to the requirements of subsection (a), each voting 
system purchased after December 31, 2012, and used in an election for 
Federal office shall meet the following requirements:
            ``(1) Individual permanent paper record.--The voting system 
        shall produce an individual permanent paper record for each 
        ballot that is cast.
            ``(2) Verification.--
                    ``(A) In general.--In lieu of the requirements of 
                subsection (a)(1), the voting system shall--
                            ``(i) permit the voter to verify the 
                        accuracy of the voter's ballot (in a private 
                        and independent manner), by allowing the voter 
                        to review an individual paper version of the 
                        voter's ballot before the voter's ballot is 
                        cast and counted;
                            ``(ii) provide the voter with the 
                        opportunity (in a private and independent 
                        manner) to change the ballot and correct any 
                        error discovered on the individual paper 
                        version of the voter's ballot before the ballot 
                        is cast and counted (including the opportunity 
                        to correct the error through the issuance of a 
                        replacement ballot if the voter was otherwise 
                        unable to change the ballot or correct any 
                        error); and
                            ``(iii)(I) preserve the individual paper 
                        version of the voter's ballot, after the voter 
                        has certified that the same accurately reflects 
                        the voter's intent, as the individual permanent 
                        paper record; and
                            ``(II) preserve such individual permanent 
                        paper record in accordance with the provisions 
                        of paragraph (3)(B); and
                            ``(iv) meet the requirement of 
                        subparagraphs (A)(iii) and (C) of subsection 
                        (a)(1).
                    ``(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 so that a voter is able to 
                verify the accuracy of such ballots via both visual and 
                non-visual means.
            ``(3) Manual audit capacity.--In lieu of the requirements 
        of subsection (a)(2)(B):
                    ``(A) In general.--Each individual paper record 
                produced under paragraph (1) shall be suitable for a 
                manual audit equivalent or superior to that of a paper 
                ballot voting system.
                    ``(B) Preservation.--The voting system shall 
                preserve each individual permanent paper record--
                            ``(i) within the polling place in the 
                        manner in which all other paper ballots are 
                        preserved within such polling place; or
                            ``(ii) in the absence of such manner or 
                        method, in a manner which is consistent with 
                        the manner employed by the jurisdiction for 
                        preserving paper ballots in general.
                    ``(C) Consistency with other records.--All 
                electronic records produced by any voting system shall 
                be consistent with the individual permanent paper 
                records produced by such voting system. In the event of 
                any inconsistencies or irregularities between any 
                electronic records and the individual permanent paper 
                records, the individual permanent paper records shall 
                be the true and correct record of the votes cast.
                    ``(D) Use as official records.--The individual 
                permanent paper records shall be used as the official 
                records for purposes of any recount or audit conducted 
                with respect to any election for Federal office in 
                which the voting system is used.
            ``(4) Accessibility for individuals with disabilities.--The 
        voting system shall--
                    ``(A) meet the requirement of subsection (a)(3)(A) 
                through the use of at least one voting system that is 
                fully accessible for individuals with disabilities at 
                each polling place; and
                    ``(B) meet the requirements of subsection (a)(3)(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 human readable content of the vote 
                        selections into accessible form;
                            ``(ii) ensures that the entire process of 
                        ballot verification and vote casting is 
                        equipped for individuals with disabilities; and
                            ``(iii) does not preclude the supplementary 
                        use of Braille or tactile ballots.''.

SEC. 3. AWARD PROGRAM FOR DEVELOPMENT OF ACCESSIBLE VOTING SYSTEMS.

    (a) Definitions.--In this section:
            (1) Institute.--The term ``Institute'' means the National 
        Institute of Standards and Technology.
            (2) Director.--The term ``Director'' means the Director of 
        the Institute.
            (3) Voting system.--The term ``voting system'' has the 
        meaning given such term by section 301(b) of the Help America 
        Vote Act of 2002 (42 U.S.C. 15481(b)).
    (b) Establishment of Program.--
            (1) In general.--The Director shall establish a program to 
        competitively award cash prizes to eligible persons that 
        advance the research, development, demonstration, and 
        application of voting systems which are specifically designed 
        to enhance accessibility and provide independence for persons 
        with disabilities during the voting process.
            (2) Advertising and solicitation of competitors.--
                    (A) Advertising.--The Director shall widely 
                advertise prize competitions to encourage broad 
                participation, including participation by individuals, 
                universities, and large and small businesses.
                    (B) Announcement through federal register notice.--
                The Director shall announce each prize competition by 
                publishing a notice in the Federal Register. This 
                notice shall include the subject of the competition, 
                the duration of the competition, the eligibility 
                requirements for participation in the competition, the 
                process for participants to register for the 
                competition, the amount of the prize, and the criteria 
                for awarding the prize.
            (3) Administration of competitions.--The Director shall 
        enter into an agreement with a private, nonprofit entity for 
        the administration of the prize competitions.
    (c) Prize Competitions.--
            (1) In general.--The program established under paragraph 
        (1) shall consist of competitions for the development of 
        technology designed for persons with the following 
        classifications of disabilities:
                    (A) Hearing.
                    (B) Visual.
                    (C) Manual, tactile, and mobility.
                    (D) A combination of the disabilities described in 
                subparagraphs (A), (B), and (C).
            (2) Cash prizes.--
                    (A) In general.--Prizes shall be awarded by the 
                judges appointed under paragraph (4) based on the 
                criteria under paragraph (3).
                    (B) Authority to not award prize.--If the judges 
                determine that no registered participants meets the 
                objective performance criteria established pursuant to 
                paragraph (3), no prize shall be awarded.
                    (C) Limitation on amount and number of prizes.--No 
                more than 2 prizes may be awarded for any competition 
                and the amount of any prize shall not exceed 
                $1,000,000.
            (3) Criteria.--
                    (A) In general.--The Director shall develop 
                criteria for awarding prizes under this section such 
                that prizes are based on the functionality and 
                usability of a prototype accessible voting machine.
                    (B) Requirements.--The criteria developed under 
                subparagraph (A) shall--
                            (i) take into account the challenges voters 
                        with disabilities face during the voting 
                        process, including--
                                    (I) the need of voters with manual 
                                disabilities to be able to use 
                                prosthetics and personal assistive 
                                devices during the voting process 
                                without electromagnetic interference;
                                    (II) the challenges facing voters 
                                with visual impairments and the best 
                                means to accommodate those voters, 
                                including, the need for voters to 
                                manually adjust font size (to account 
                                for persons with poor vision and tunnel 
                                vision), color content, and contrast 
                                for electronic voting machines;
                                    (III) the need of voters to use 
                                various voter system interfaces such as 
                                synchronized audio output that allows 
                                the voter to adjust the rate of speech, 
                                the audiofrequency, and volume of the 
                                audio interface and which provides that 
                                such setting shall reset to a standard 
                                default for each voter;
                                    (IV) the need of voters to 
                                simultaneously use a tactile interface 
                                that permits the voter to rewind, 
                                repeat, pause, and skip any audio cues, 
                                presentations, and ballot measures;
                                    (V) the need of voters who rely on 
                                mobility aids, such as wheelchairs, to 
                                adjust the height of a voting system 
                                and to be able to see any visual cues 
                                or prompts from a seated position; and
                                    (VI) the need of voters with 
                                cognitive disabilities including using 
                                visual and audio cues simultaneously;
                            (ii) require that any prototype accessible 
                        voting machine entered into the prize 
                        competition allows voters with disabilities to 
                        independently verify the accuracy of the ballot 
                        cast on the voting system; and
                            (iii) be designed to--
                                    (I) stimulate innovation in the 
                                development and design of accessible 
                                voting systems in a way that Federal 
                                procurement standards cannot;
                                    (II) help overcome traditional 
                                obstacles in the design of accessible 
                                voting systems;
                                    (III) educate, inspire, and 
                                motivate the public to participate in 
                                the process of developing and designing 
                                accessible voting systems; and
                                    (IV) enhance the accessibility and 
                                independence of the voting process.
                    (C) Consultation with other entities.--In 
                establishing the criteria under subparagraph (A), the 
                Director shall consult--
                            (i) with various disability rights groups 
                        with special knowledge concerning the 
                        challenges facing persons with disabilities in 
                        each of the classifications in subparagraphs 
                        (A), (B), and (C) of paragraph (1);
                            (ii) with other Federal agencies, 
                        including--
                                    (I) the Election Assistance 
                                Commission; and
                                    (II) the National Science and 
                                Technology Council; and
                            (iii) with private organizations, including 
                        professional societies and industry 
                        associations.
            (4) Judges.--
                    (A) In general.--For each prize competition the 
                Director shall appoint a panel of qualified judges. 
                Such panel shall include individuals from outside the 
                Institute and from the private sector.
                    (B) Disqualification.--A judge may not--
                            (i) have personal or financial interests 
                        in, or be an employee, officer, director, or 
                        agent of, any entity that is participating in 
                        the prize competition; or
                            (ii) have a familial or financial 
                        relationship with an individual who is 
                        participating in the prize competition.
    (d) Eligibility.--An person is eligible to win a prize under this 
section if--
            (1)(A) in the case of a corporation, such person is 
        incorporated and maintains a primary place of business the 
        United States; and
            (B) in the case of an individual or partnership, such 
        individual, or each such individual in the partnership, is a 
        citizen of the United States or an alien lawfully admitted for 
        permanent residence in the United States;
            (2) such person is not an employee or entity of the United 
        States or an laboratory accredited under section 231 of the 
        Help America Vote Act of 2002 (42 U.S.C. 15371); and
            (3) such person registers for the competition by submitting 
        an application containing such information as the Director may 
        require.
    (e) Trade Secrets.--The Director shall, to the extent possible, 
protect any trade secrets or proprietary information related to any 
submission for a competition under this section.
    (f) Termination.--No prizes shall be awarded under this section for 
competitions announced after September 30, 2011.
    (g) Authorization of Appropriations.--
            (1) In general.--
                    (A) Awards.--There are authorized to be 
                appropriated to the Director $2,000,000 for each of the 
                fiscal years 2009, 2010, and 2011 for the purpose of 
                awarding prizes in competitions pursuant to this 
                section.
                    (B) Administration.--In addition to the amounts 
                authorized in subparagraph (A), there are authorized to 
                be appropriated to the Director $1,000,000 for each of 
                fiscal years 2009, 2010, and 2011 for the 
                administrative costs of carrying out this section.
            (2) Carryover of funds.--Funds appropriated for prize 
        awards under this section shall remain available until 
        expended, and may be transferred, reprogrammed, or expended for 
        other purposes only after the expiration of 10 fiscal years 
        after the fiscal year for which the funds were originally 
        appropriated.
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