[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 3608 Introduced in Senate (IS)]

112th CONGRESS
  2d Session
                                S. 3608

     To modernize voter registration, promote access to voting for 
 individuals with disabilities, protect the ability of individuals to 
  exercise the right to vote in elections for Federal office, and for 
                            other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 21, 2012

    Mrs. Gillibrand (for herself, Mr. Durbin, Ms. Landrieu, and Mr. 
   Sanders) introduced the following bill; which was read twice and 
         referred to the Committee on Rules and Administration

_______________________________________________________________________

                                 A BILL


 
     To modernize voter registration, promote access to voting for 
 individuals with disabilities, protect the ability of individuals to 
  exercise the right to vote in elections for Federal office, 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 Empowerment 
Act of 2012''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
               TITLE I--VOTER REGISTRATION MODERNIZATION

Sec. 100. Short title.
              Subtitle A--Promoting Internet Registration

Sec. 101. Requiring availability of Internet for voter registration.
Sec. 102. Use of Internet to update registration information.
Sec. 103. Provision of election information by electronic mail to 
                            individuals registered to vote.
Sec. 104. Clarification of requirement regarding necessary information 
                            to show eligibility to vote.
Sec. 105. Effective date.
       Subtitle B--Automated Registration of Certain Individuals

Sec. 111. Automated voter registration.
Sec. 112. List maintenance, privacy, and security.
Sec. 113. Promoting accuracy of Statewide voter registration lists.
Sec. 114. Definitions.
Sec. 115. Effective date.
      Subtitle C--Other Initiatives To Promote Voter Registration

Sec. 121. Same day registration.
Sec. 122. Acceptance of voter registration applications from 
                            individuals under 18 years of age.
Sec. 123. Annual reports on voter registration statistics.
         Subtitle D--Availability of HAVA Requirements Payments

Sec. 131. Availability of requirements payments under HAVA to cover 
                            costs of compliance with new requirements.
      Subtitle E--Prohibiting Interference With Voter Registration

Sec. 141. Prohibiting hindering, interfering with, or preventing voter 
                            registration.
Sec. 142. Establishment of best practices.
      TITLE II--ACCESS TO VOTING FOR INDIVIDUALS WITH DISABILITIES

Sec. 201. Requirements for States to promote access to voter 
                            registration and voting for individuals 
                            with disabilities.
Sec. 202. Pilot programs for enabling individuals with disabilities to 
                            register to vote and vote privately and 
                            independently at residences.
Sec. 203. Expansion and reauthorization of grant program to assure 
                            voting access for individuals with 
                            disabilities.
                  TITLE III--PROHIBITING VOTER CAGING

Sec. 301. Voter caging and other questionable challenges prohibited.
Sec. 302. Development and adoption of best practices for preventing 
                            voter caging.
Sec. 303. Severability.
               TITLE IV--PROHIBITING DECEPTIVE PRACTICES

Sec. 401. Prohibition on deceptive practices in Federal elections.
Sec. 402. Modification of penalty for voter intimidation.
Sec. 403. Sentencing guidelines.
Sec. 404. Reporting violations; corrective action.
                     TITLE V--DEMOCRACY RESTORATION

Sec. 501. Rights of citizens.
Sec. 502. Enforcement.
Sec. 503. Notification of restoration of voting rights.
Sec. 504. Definitions.
Sec. 505. Relation to other laws.
Sec. 506. Federal prison funds.
Sec. 507. Effective date.
        TITLE VI--ACCURACY, INTEGRITY, AND SECURITY OF ELECTIONS

Sec. 600. Short title.
 Subtitle A--Promoting Accuracy, Integrity, and Security Through Voter-
                    Verified Permanent Paper Ballot

Sec. 601. Paper ballot and manual counting requirements.
Sec. 602. Accessibility and ballot verification for individuals with 
                            disabilities.
Sec. 603. Additional voting system requirements.
Sec. 604. Availability of additional funding to enable States to meet 
                            costs of revised requirements.
Sec. 605. Effective date for new requirements.
   Subtitle B--Requirement for Mandatory Manual Audits by Hand Count

Sec. 611. Mandatory manual audits.
Sec. 612. Availability of enforcement under Help America Vote Act of 
                            2002.
Sec. 613. Guidance on best practices for alternative audit mechanisms.
Sec. 614. Clerical amendment.
                     TITLE VII--PROVISIONAL BALLOTS

Sec. 701. Requirements for counting provisional ballots; establishment 
                            of uniform and nondiscriminatory standards.
              TITLE VIII--EARLY VOTING AND VOTING BY MAIL

Sec. 801. Early voting and voting by mail.
     TITLE IX--ABSENT UNIFORMED SERVICES VOTERS AND OVERSEAS VOTERS

Sec. 901. Extending guarantee of residency for voting purposes to 
                            family members of absent military 
                            personnel.
Sec. 902. Pre-election reports on availability and transmission of 
                            absentee ballots.
Sec. 903. Enforcement.
Sec. 904. Revisions to 45-day absentee ballot transmission rule.
Sec. 905. Use of single absentee ballot application for subsequent 
                            elections.
Sec. 906. Application of UOCAVA to Commonwealth of Northern Mariana 
                            Islands.
Sec. 907. Effective date.
             TITLE X--POLL WORKER RECRUITMENT AND TRAINING

Sec. 1001. Leave to serve as a poll worker for Federal employees.
Sec. 1002. Grants to States for poll worker recruitment and training.
Sec. 1003. Model poll worker training program.
Sec. 1004. State defined.
                  TITLE XI--ENHANCEMENT OF ENFORCEMENT

Sec. 1101. Enhancement of enforcement of Help America Vote Act of 2002.
                 TITLE XII--FEDERAL ELECTION INTEGRITY

Sec. 1201. Prohibition on campaign activities by chief State election 
                            administration officials.
         TITLE XIII--OTHER ELECTION ADMINISTRATION IMPROVEMENTS

Sec. 1301. Treatment of universities as voter registration agencies.
Sec. 1302. Minimum notification requirements for voters affected by 
                            polling place changes.
Sec. 1303. Voter information response systems and hotline.
Sec. 1304. Reauthorization of election assistance commission.
Sec. 1305. Repeal of exemption of Election Assistance Commission from 
                            certain government contracting 
                            requirements.
Sec. 1306. No effect on other laws.

               TITLE I--VOTER REGISTRATION MODERNIZATION

SEC. 100. SHORT TITLE.

    This title may be cited as the ``Voter Registration Modernization 
Act of 2012''.

              Subtitle A--Promoting Internet Registration

SEC. 101. REQUIRING AVAILABILITY OF INTERNET FOR VOTER REGISTRATION.

    (a) Requiring Availability of Internet for Registration.--The 
National Voter Registration Act of 1993 (42 U.S.C. 1973gg et seq.) is 
amended by inserting after section 6 the following new section:

``SEC. 6A. INTERNET REGISTRATION.

    ``(a) Requiring Availability of Internet for Online Registration.--
            ``(1) Availability of online registration.--Each State, 
        acting through the chief State election official, shall ensure 
        that the following services are available to the public at any 
        time on the official public websites of the appropriate State 
        and local election officials in the State, in the same manner 
        and subject to the same terms and conditions as the services 
        provided by voter registration agencies under section 7(a):
                    ``(A) Online application for voter registration.
                    ``(B) Online assistance to applicants in applying 
                to register to vote.
                    ``(C) Online completion and submission by 
                applicants of the mail voter registration application 
                form prescribed by the Election Assistance Commission 
                pursuant to section 9(a)(2), including assistance with 
                providing a signature in electronic form as required 
                under subsection (c).
                    ``(D) Online receipt of completed voter 
                registration applications.
    ``(b) Acceptance of Completed Applications.--A State shall accept 
an online voter registration application provided by an individual 
under this section, and ensure that the individual is registered to 
vote in the State, if--
            ``(1) the individual meets the same voter registration 
        requirements applicable to individuals who register to vote by 
        mail in accordance with section 6(a)(1) using the mail voter 
        registration application form prescribed by the Election 
        Assistance Commission pursuant to section 9(a)(2); and
            ``(2) the individual provides a signature in electronic 
        form in accordance with subsection (c) (but only in the case of 
        applications submitted during or after the second year in which 
        this section is in effect in the State).
    ``(c) Signatures in Electronic Form.--For purposes of this section, 
an individual provides a signature in electronic form by--
            ``(1) executing a computerized mark in the signature field 
        on an online voter registration application; or
            ``(2) submitting with the application an electronic copy of 
        the individual's handwritten signature through electronic 
        means.
    ``(d) Confirmation and Disposition.--
            ``(1) Confirmation of receipt.--Upon the online submission 
        of a completed voter registration application by an individual 
        under this section, the appropriate State or local election 
        official shall send the individual a notice confirming the 
        State's receipt of the application and providing instructions 
        on how the individual may check the status of the application.
            ``(2) Notice of disposition.--As soon as the appropriate 
        State or local election official has approved or rejected an 
        application submitted by an individual under this section, the 
        official shall send the individual a notice of the disposition 
        of the application.
            ``(3) Method of notification.--The appropriate State or 
        local election official shall send the notices required under 
        this subsection by regular mail, and, in the case of an 
        individual who has requested that the State provide voter 
        registration and voting information through electronic mail, by 
        both electronic mail and regular mail.
    ``(e) Provision of Services in Nonpartisan Manner.--The services 
made available under subsection (a) shall be provided in a manner that 
ensures that, consistent with section 7(a)(5)--
            ``(1) the online application does not seek to influence an 
        applicant's political preference or party registration; and
            ``(2) there is no display on the website promoting any 
        political preference or party allegiance, except that nothing 
        in this paragraph may be construed to prohibit an applicant 
        from registering to vote as a member of a political party.
    ``(f) Protection of Security of Information.--In meeting the 
requirements of this section, the State shall establish appropriate 
technological security measures to prevent to the greatest extent 
practicable any unauthorized access to information provided by 
individuals using the services made available under subsection (a).
    ``(g) Use of Additional Telephone-Based System.--A State shall make 
the services made available online under subsection (a) available 
through the use of an automated telephone-based system, subject to the 
same terms and conditions applicable under this section to the services 
made available online, in addition to making the services available 
online in accordance with the requirements of this section.
    ``(h) Nondiscrimination Among Registered Voters Using Mail and 
Online Registration.--In carrying out this Act, the Help America Vote 
Act of 2002, or any other Federal, State, or local law governing the 
treatment of registered voters in the State or the administration of 
elections for public office in the State, a State shall treat a 
registered voter who registered to vote online in accordance with this 
section in the same manner as the State treats a registered voter who 
registered to vote by mail.''.
    (b) Special Requirements for Individuals Using Online 
Registration.--
            (1) Treatment as individuals registering to vote by mail 
        for purposes of first-time voter identification requirements.--
        Section 303(b)(1)(A) of the Help America Vote Act of 2002 (42 
        U.S.C. 15483(b)(1)(A)) is amended by striking ``by mail'' and 
        inserting ``by mail or online under section 6A of the National 
        Voter Registration Act of 1993''.
            (2) Requiring signature for first-time voters in 
        jurisdiction.--Section 303(b) of such Act (42 U.S.C. 15483(b)) 
        is amended--
                    (A) by redesignating paragraph (5) as paragraph 
                (6); and
                    (B) by inserting after paragraph (4) the following 
                new paragraph:
            ``(5) Signature requirements for first-time voters using 
        online registration.--
                    ``(A) In general.--A State shall, in a uniform and 
                nondiscriminatory manner, require an individual to meet 
                the requirements of subparagraph (B) if--
                            ``(i) the individual registered to vote in 
                        the State online under section 6A of the 
                        National Voter Registration Act of 1993; and
                            ``(ii) the individual has not previously 
                        voted in an election for Federal office in the 
                        State.
                    ``(B) Requirements.--An individual meets the 
                requirements of this subparagraph if--
                            ``(i) in the case of an individual who 
                        votes in person, the individual provides the 
                        appropriate State or local election official 
                        with a handwritten signature; or
                            ``(ii) in the case of an individual who 
                        votes by mail, the individual submits with the 
                        ballot a handwritten signature.
                    ``(C) Inapplicability.--Subparagraph (A) does not 
                apply in the case of an individual who is--
                            ``(i) entitled to vote by absentee ballot 
                        under the Uniformed and Overseas Citizens 
                        Absentee Voting Act (42 U.S.C. 1973ff-1 et 
                        seq.);
                            ``(ii) provided the right to vote otherwise 
                        than in person under section 3(b)(2)(B)(ii) of 
                        the Voting Accessibility for the Elderly and 
                        Handicapped Act (42 U.S.C. 1973ee-
                        1(b)(2)(B)(ii)); or
                            ``(iii) entitled to vote otherwise than in 
                        person under any other Federal law.''.
            (3) Conforming amendment relating to effective date.--
        Section 303(d)(2)(A) of such Act (42 U.S.C. 15483(d)(2)(A)) is 
        amended by striking ``Each State'' and inserting ``Except as 
        provided in subsection (b)(5), each State''.
    (c) Conforming Amendments.--
            (1) Timing of registration.--Section 8(a)(1) of the 
        National Voter Registration Act of 1993 (42 U.S.C. 1973gg-
        6(a)(1)) is amended--
                    (A) by striking ``and'' at the end of subparagraph 
                (C);
                    (B) by redesignating subparagraph (D) as 
                subparagraph (E); and
                    (C) by inserting after subparagraph (C) the 
                following new subparagraph:
                    ``(D) in the case of online registration through 
                the official public website of an election official 
                under section 6A, if the valid voter registration 
                application is submitted online not later than the 
                lesser of 30 days, or the period provided by State law, 
                before the date of the election (as determined by 
                treating the date on which the application is sent 
                electronically as the date on which it is submitted); 
                and''.
            (2) Informing applicants of eligibility requirements and 
        penalties.--Section 8(a)(5) of such Act (42 U.S.C. 1973gg-
        6(a)(5)) is amended by striking ``and 7'' and inserting ``6A, 
        and 7''.

SEC. 102. USE OF INTERNET TO UPDATE REGISTRATION INFORMATION.

    (a) In General.--
            (1) Updates to information contained on computerized 
        statewide voter registration list.--Section 303(a) of the Help 
        America Vote Act of 2002 (42 U.S.C. 15483(a)) is amended by 
        adding at the end the following new paragraph:
            ``(6) Use of internet by registered voters to update 
        information.--
                    ``(A) In general.--The appropriate State or local 
                election official shall ensure that any registered 
                voter on the computerized list may at any time update 
                the voter's registration information, including the 
                voter's address and electronic mail address, online 
                through the official public website of the election 
                official responsible for the maintenance of the list, 
                so long as the voter attests to the contents of the 
                update by providing a signature in electronic form in 
                the same manner required under section 6A(c) of the 
                National Voter Registration Act of 1993.
                    ``(B) Processing of updated information by election 
                officials.--If a registered voter updates registration 
                information under subparagraph (A), the appropriate 
                State or local election official shall--
                            ``(i) revise any information on the 
                        computerized list to reflect the update made by 
                        the voter; and
                            ``(ii) if the updated registration 
                        information affects the voter's eligibility to 
                        vote in an election for Federal office, ensure 
                        that the information is processed with respect 
                        to the election if the voter updates the 
                        information not later than the lesser of 7 
                        days, or the period provided by State law, 
                        before the date of the election.
                    ``(C) Confirmation and disposition.--
                            ``(i) Confirmation of receipt.--Upon the 
                        online submission of updated registration 
                        information by an individual under this 
                        paragraph, the appropriate State or local 
                        election official shall send the individual a 
                        notice confirming the State's receipt of the 
                        updated information and providing instructions 
                        on how the individual may check the status of 
                        the update.
                            ``(ii) Notice of disposition.--As soon as 
                        the appropriate State or local election 
                        official has accepted or rejected updated 
                        information submitted by an individual under 
                        this paragraph, the official shall send the 
                        individual a notice of the disposition of the 
                        update.
                            ``(iii) Method of notification.--The 
                        appropriate State or local election official 
                        shall send the notices required under this 
                        subparagraph by regular mail, and, in the case 
                        of an individual who has requested that the 
                        State provide voter registration and voting 
                        information through electronic mail, by both 
                        electronic mail and regular mail.''.
            (2) Conforming amendment relating to effective date.--
        Section 303(d)(1)(A) of such Act (42 U.S.C. 15483(d)(1)(A)) is 
        amended by striking ``subparagraph (B)'' and inserting 
        ``subparagraph (B) and subsection (a)(6)''.
    (b) Ability of Registrant To Use Online Update To Provide 
Information on Residence.--Section 8(d)(2)(A) of the National Voter 
Registration Act of 1993 (42 U.S.C. 1973gg-6(d)(2)(A)) is amended--
            (1) in the first sentence, by inserting after ``return the 
        card'' the following: ``or update the registrant's information 
        on the computerized Statewide voter registration list using the 
        online method provided under section 303(a)(6) of the Help 
        America Vote Act of 2002''; and
            (2) in the second sentence, by striking ``returned,'' and 
        inserting the following: ``returned or if the registrant does 
        not update the registrant's information on the computerized 
        Statewide voter registration list using such online method,''.

SEC. 103. PROVISION OF ELECTION INFORMATION BY ELECTRONIC MAIL TO 
              INDIVIDUALS REGISTERED TO VOTE.

    (a) Including Option on Voter Registration Application To Provide 
E-Mail Address and Receive Information.--
            (1) In general.--Section 9(b) of the National Voter 
        Registration Act of 1993 (42 U.S.C. 1973gg-7(b)) is amended--
                    (A) by striking ``and'' at the end of paragraph 
                (3);
                    (B) by striking the period at the end of paragraph 
                (4) and inserting ``; and''; and
                    (C) by adding at the end the following new 
                paragraph:
            ``(5) shall include a space for the applicant to provide 
        (at the applicant's option) an electronic mail address, 
        together with a statement that, if the applicant so requests, 
        instead of using regular mail the appropriate State and local 
        election officials shall provide to the applicant, through 
        electronic mail sent to that address, the same voting 
        information (as defined in section 302(b)(2) of the Help 
        America Vote Act of 2002) which the officials would provide to 
        the applicant through regular mail.''.
            (2) Prohibiting use for purposes unrelated to official 
        duties of election officials.--Section 9 of such Act (42 U.S.C. 
        1973gg-7) is amended by adding at the end the following new 
        subsection:
    ``(c) Prohibiting Use of Electronic Mail Addresses for Other Than 
Official Purposes.--The chief State election official shall ensure that 
any electronic mail address provided by an applicant under subsection 
(b)(5) is used only for purposes of carrying out official duties of 
election officials and is not transmitted by any State or local 
election official (or any agent of such an official, including a 
contractor) to any person who does not require the address to carry out 
such official duties and who is not under the direct supervision and 
control of a State or local election official.''.
    (b) Requiring Provision of Information by Election Officials.--
Section 302(b) of the Help America Vote Act of 2002 (42 U.S.C. 
15482(b)) is amended by adding at the end the following new paragraph:
            ``(3) Provision of other information by electronic mail.--
        If an individual who is a registered voter has provided the 
        State or local election official with an electronic mail 
        address for the purpose of receiving voting information (as 
        described in section 9(b)(5) of the National Voter Registration 
        Act of 1993), the appropriate State or local election official, 
        through electronic mail transmitted not later than 7 days 
        before the date of the election involved, shall provide the 
        individual with information on how to obtain the following 
        information by electronic means:
                    ``(A) The name and address of the polling place at 
                which the individual is assigned to vote in the 
                election.
                    ``(B) The hours of operation for the polling place.
                    ``(C) A description of any identification or other 
                information the individual may be required to present 
                at the polling place.''.

SEC. 104. CLARIFICATION OF REQUIREMENT REGARDING NECESSARY INFORMATION 
              TO SHOW ELIGIBILITY TO VOTE.

    Section 8 of the National Voter Registration Act of 1993 (42 U.S.C. 
1973gg-6) is amended--
            (1) by redesignating subsection (j) as subsection (k); and
            (2) by inserting after subsection (i) the following new 
        subsection:
    ``(j) Requirement for State To Register Applicants Providing 
Necessary Information To Show Eligibility To Vote.--For purposes 
meeting the requirement of subsection (a)(1) that an eligible applicant 
is registered to vote in an election for Federal office within the 
deadlines required under such subsection, the State shall consider an 
applicant to have provided a `valid voter registration form' if--
            ``(1) the applicant has accurately completed the 
        application form and attested to the statement required by 
        section 9(b)(2); and
            ``(2) in the case of an applicant who registers to vote 
        online in accordance with section 6A, the applicant provides a 
        signature in accordance with subsection (c) of such section.''.

SEC. 105. EFFECTIVE DATE.

    (a) In General.--Except as provided in subsection (b), the 
amendments made by this subtitle (other than the amendments made by 
section 104) shall take effect January 1, 2014.
    (b) Waiver.--Subject to the approval of the Election Assistance 
Commission, if a State certifies to the Election Assistance Commission 
that the State will not meet the deadline referred to in subsection (a) 
because of extraordinary circumstances and includes in the 
certification the reasons for the failure to meet the deadline, 
subsection (a) shall apply to the State as if the reference in such 
subsection to ``January 1, 2014'' were a reference to ``January 1, 
2016''.

       Subtitle B--Automated Registration of Certain Individuals

SEC. 111. AUTOMATED VOTER REGISTRATION.

    (a) Collection of Information by Source Agencies.--
            (1) Duties of source agencies.--Each source agency in a 
        State (as defined in subsection (e)) shall, with each 
        application for services or assistance by an individual, and 
        with each recertification, renewal, or change of address 
        relating to such services or assistance--
                    (A) notify each such individual of the substantive 
                qualifications of an elector in the State, using 
                language approved by the State's chief election 
                official;
                    (B) notify each such individual that there is an 
                opportunity to be registered to vote or update voter 
                registration, but that voter registration is voluntary, 
                and that neither registering nor declining to register 
                to vote will in any way affect the availability of 
                services or benefits, nor be used for other purposes;
                    (C) require that each such individual indicate, 
                after considering the substantive qualification of an 
                elector in the State, whether or not the person wishes 
                to be registered;
                    (D) ensure that each such individual's transaction 
                with the agency cannot be completed until the 
                individual has indicated whether he or she wishes to 
                register to vote; and
                    (E) for each such individual who consents to using 
                the individual's records with the source agency to 
                enable the individual to register to vote under this 
                section, collect a signed affirmation of eligibility to 
                register to vote in the State.
            (2) No effect on right to decline voter registration.--
        Nothing in this subtitle shall be construed to interfere with 
        the right of any person to decline to be registered to vote for 
        any reason.
    (b) Transfer of Information on Individuals Consenting to Voter 
Registration.--
            (1) Transfer.--For each individual who notifies the source 
        agency that the individual consents to voter registration under 
        this section, the source agency shall transfer to the chief 
        State election official of the State the following data, to the 
        extent the data is available to the source agency:
                    (A) The given name or names and surname or 
                surnames.
                    (B) Date of birth.
                    (C) Residential address.
                    (D) Mailing address.
                    (E) Signature, in electronic form.
                    (F) Date of the last change to the information.
                    (G) The motor vehicle driver's license number.
                    (H) The last four digits of the Social Security 
                number.
            (2) Timing of transfer.--The source agency shall transfer 
        the data described in paragraph (1) to the chief State election 
        official on a daily basis.
            (3) Format.--The data transferred under paragraph (1) shall 
        be transferred in a format compatible with the Statewide 
        computerized voter registration list under section 303 of the 
        Help America Vote Act of 2002.
            (4) Prohibiting storage of information.--Any information 
        collected by the source agency under this section with respect 
        to an individual who consents to register to vote under this 
        section may not be stored by the source agency in any form 
        after the information is transferred to the chief State 
        election official under paragraph (1).
    (c) Registration of Individuals by Chief State Election Official.--
            (1) Comparison with statewide voter registration list.--
        Upon receiving information from a source agency with respect to 
        an individual under subsection (b), the chief State election 
        official shall determine whether the individual is included in 
        the computerized Statewide voter registration list established 
        and maintained under section 303 of the Help America Vote Act 
        of 2002 (42 U.S.C. 15483).
            (2) Registration of individuals not on statewide list.--If 
        an individual for whom information is received from a source 
        agency under subsection (b) is eligible to vote in elections 
        for Federal office in the State and is not on the computerized 
        Statewide voter registration list, the chief State election 
        official shall--
                    (A) ensure that the individual is registered to 
                vote in such elections not later than 5 days after 
                receiving the information, without regard to whether or 
                not the information provided by the source agency 
                includes the individual's signature;
                    (B) update the Statewide computerized voter 
                registration list to include the individual; and
                    (C) notify the individual that the individual is 
                registered to vote in elections for Federal office in 
                the State.
            (3) Treatment of information incorrectly provided.--If a 
        source agency provides the chief State election official with 
        information with respect to an individual who did not consent 
        to be registered to vote under this section, the chief State 
        election official shall not take any action to register the 
        individual to vote, except that no such individual who is 
        already included on the computerized Statewide voter 
        registration list shall be removed from the list solely because 
        the information was incorrectly provided under subsection (b).
            (4) No effect on other means of registration.--Nothing in 
        this section affects a State's obligation to register voters 
        upon receipt of a valid voter registration application through 
        means provided by National Voter Registration Act of 1993 (42 
        U.S.C. 1973gg et seq.), the Internet registration procedure 
        described in subtitle A, or other valid means.
            (5) Individuals in existing records.--No later than January 
        2015, each individual who is listed in a source agency's 
        records and for whom there exists reason to believe the 
        individual is a citizen and not otherwise ineligible to vote 
        shall be mailed a postage pre-paid return postcard including a 
        box for the individual to check, together with the statement 
        (in close proximity to the box and in prominent type), ``By 
        checking this box, I affirm that I am a citizen of the United 
        States, am eligible to vote in this State, and will be at least 
        eighteen years old by the next general election. I understand 
        that by checking this box, I will be registered to vote if I am 
        eligible to vote in the State.'', along with a clear 
        description of the voting eligibility requirements in the 
        State. The postcard shall also include, where required for 
        voter registration, a place for the individual's signature and 
        designation of party affiliation. An individual who checks the 
        box and returns the completed postcard postmarked not later 
        than the lesser of the fifteenth day before an election for 
        Federal office, or the period provided by State law, shall be 
        registered to vote in that election.
    (d) Options for State To Require Special Treatment of Individuals 
Registered Automatically.--
            (1) Treatment as individuals registering to vote by mail 
        for purposes of first-time voter identification requirements.--
        Section 303(b)(1)(A) of the Help America Vote Act of 2002 (42 
        U.S.C. 15483(b)(1)(A)), as amended by section 101(b)(1), is 
        amended by striking ``of 1993'' and inserting ``of 1993 or (at 
        the option of the State) was registered automatically under 
        section 111 of the Voter Registration Modernization Act of 
        2012''.
            (2) Requiring signature.--Section 303(b) of such Act (42 
        U.S.C. 15483(b)), as amended by section 101(b)(2), is amended--
                    (A) by redesignating paragraph (6) as paragraph 
                (7); and
                    (B) by inserting after paragraph (5) the following 
                new paragraph:
            ``(5) Option for state to require signature requirements 
        for first-time voters registered automatically.--
                    ``(A) In general.--A State may, in a uniform and 
                nondiscriminatory manner, require an individual to meet 
                the requirements of subparagraph (B) if--
                            ``(i) the individual was registered to vote 
                        in the State automatically under section 111 of 
                        the Voter Registration Modernization Act of 
                        2012; and
                            ``(ii) the individual has not previously 
                        voted in an election for Federal office in the 
                        State.
                    ``(B) Requirements.--An individual meets the 
                requirements of this subparagraph if--
                            ``(i) in the case of an individual who 
                        votes in person, the individual provides the 
                        appropriate State or local election official 
                        with a handwritten signature; or
                            ``(ii) in the case of an individual who 
                        votes by mail, the individual submits with the 
                        ballot a handwritten signature.
                    ``(C) Inapplicability.--Subparagraph (A) does not 
                apply in the case of an individual who is--
                            ``(i) entitled to vote by absentee ballot 
                        under the Uniformed and Overseas Citizens 
                        Absentee Voting Act (42 U.S.C. 1973ff-1 et 
                        seq.);
                            ``(ii) provided the right to vote otherwise 
                        than in person under section 3(b)(2)(B)(ii) of 
                        the Voting Accessibility for the Elderly and 
                        Handicapped Act (42 U.S.C. 1973ee-
                        1(b)(2)(B)(ii)); or
                            ``(iii) entitled to vote otherwise than in 
                        person under any other Federal law.''.
            (3) Conforming amendment relating to effective date.--
        Section 303(d)(2)(A) of such Act (42 U.S.C. 15483(d)(2)(A)), as 
        amended by section 101(b)(3), is amended by striking 
        ``subsection (b)(5)'' and inserting ``subsections (b)(5) and 
        (b)(6)''.
    (e) Source Agencies Described.--
            (1) In general.--With respect to any State, a ``source 
        agency'' is--
                    (A) each State office which is described in 
                paragraph (2); and
                    (B) each Federal office which is described in 
                paragraph (3) which is located in the State, except 
                that such office shall be a source agency only with 
                respect to individuals who are residents of the State 
                in which the office is located.
            (2) State offices described.--
                    (A) In general.--The State offices described in 
                this paragraph are as follows:
                            (i) The State motor vehicle authority.
                            (ii) Each office in the State which is 
                        designated as a voter registration agency in a 
                        State pursuant to section 7(a) of the National 
                        Voter Registration Act of 1993 (42 U.S.C. 
                        1973gg-5(a)).
                            (iii) Each State agency that administers a 
                        program providing assistance pursuant to 
                        pursuant to title III of the Social Security 
                        Act (42 U.S.C. 501 et seq.).
                            (iv) Each State agency primarily 
                        responsible for maintaining identifying 
                        information for students enrolled at public 
                        secondary schools in the State, including, 
                        where applicable, the State agency responsible 
                        for maintaining the education data system 
                        described in section 6401(e)(2) of the America 
                        COMPETES Act (20 U.S.C. 9871(e)(2)).
                            (v) In the case of a State in which an 
                        individual disenfranchised by a criminal 
                        conviction may become eligible to vote upon 
                        completion of criminal sentence or any part 
                        thereof, or upon formal restoration of rights, 
                        the State agency responsible for administering 
                        that sentence, or part thereof, or that 
                        restoration of rights.
                            (vi) In the case of a State in which an 
                        individual disenfranchised by adjudication of 
                        mental incompetence or similar condition 
                        becomes eligible to register to vote upon the 
                        restoration of competence or similar condition, 
                        each State agency responsible for determining 
                        when competence or a similar condition is met.
                            (vii) Such other office which may be 
                        designated as a source agency by the chief 
                        State election official of the State.
                    (B) Criteria for designation of additional source 
                agencies.--In designating offices of the State as 
                source agencies for purposes of subparagraph (A)(vii), 
                the chief State election official shall give priority 
                on the basis of the following criteria:
                            (i) The extent to which individuals 
                        receiving services or assistance from the 
                        office are likely to be individuals who are 
                        eligible to register to vote in elections for 
                        Federal office in the State but who are not 
                        registered to vote in such elections.
                            (ii) The accuracy of the office's records 
                        with respect to identifying information 
                        (including age, citizenship status, and 
                        residency) for individuals receiving services 
                        or assistance from the office.
                            (iii) The cost-effectiveness of obtaining 
                        such identifying information and transmitting 
                        the information to the chief State election 
                        official.
                            (iv) The extent to which the designation of 
                        the office as a voter registration agency will 
                        promote the registration of eligible 
                        individuals to vote in elections for Federal 
                        office in the State and the accuracy of the 
                        State's Statewide computerized voter 
                        registration list under the Help America Vote 
                        Act of 2002.
            (3) Federal offices described.--The Federal offices 
        described in this paragraph are as follows:
                    (A) Armed Forces recruitment offices.
                    (B) The United States Immigration and Customs 
                Enforcement Bureau, but only with respect to 
                individuals who complete the naturalization process.
                    (C) The Social Security Administration.
                    (D) The Administrative Office of the United States 
                Courts, the Federal Bureau of Prisons, and the United 
                States Probation Service, but only with respect to 
                individuals completing terms of prison, sentences, 
                probation, or parole.
                    (E) The Department of Veterans Affairs, but only 
                with respect to individuals applying for or using 
                health care services or services for homeless 
                individuals.
                    (F) The Defense Manpower Data Center of the 
                Department of Defense.
                    (G) The Indian Health Services of the Department of 
                Health and Human Services.
                    (H) The Center for Medicare and Medicaid Services 
                of the Department of Health and Human Services.
                    (I) Any other Federal office which designated by a 
                State (with the consent of the President) as a source 
                agency with respect to the State.

SEC. 112. LIST MAINTENANCE, PRIVACY, AND SECURITY.

    (a) Database Management Standards.--
            (1) Database matching standards.--The chief State election 
        official of each State shall establish standards governing the 
        comparison of data on the Statewide computerized voter 
        registration list under section 303 of the Help America Vote 
        Act of 2002, the data provided by various source agencies under 
        section 111, and relevant data from other sources, including 
        the specific data elements and data matching rules to be used 
        for purposes of determining--
                    (A) whether a data record from any source agency 
                represents the same individual as a record in another 
                source agency or on the Statewide list;
                    (B) whether a data record from any source agency 
                represents an individual already registered to vote in 
                the State;
                    (C) whether two data records in the Statewide 
                computerized voter registration list represent 
                duplicate records for the same individual;
                    (D) whether a data record supplied by any list 
                maintenance source represents an individual already 
                registered to vote in the State; and
                    (E) which information will be treated as more 
                current and reliable when data records from multiple 
                sources present information for the same individual.
            (2) Standards for determining ineligibility.--The chief 
        State election official of a State shall establish uniform and 
        non-discriminatory standards describing the specific conditions 
        under which an individual will be determined for list 
        maintenance purposes to be ineligible to vote in an election 
        for Federal office in the State.
    (b) Privacy and Security Standards.--
            (1) Privacy and security policy.--The chief State election 
        official of a State shall publish and enforce a privacy and 
        security policy specifying each class of users who shall have 
        authorized access to the computerized Statewide voter 
        registration list, specifying for each such class the 
        permission and levels of access to be granted, and setting 
        forth other safeguards to protect the privacy and security of 
        the information on the list. Such policy shall include security 
        safeguards to protect personal information in the data transfer 
        process under section 111, the online or telephone interface, 
        the maintenance of the voter registration database, and audit 
        procedure to track individual access to the system.
            (2) No unauthorized access.--The chief election official of 
        a State shall establish policies and enforcement procedures to 
        prevent unauthorized access to or use of the computerized 
        Statewide voter registration list, any list or other 
        information provided by a source agency under section 111, or 
        any maintenance source for the list. Nothing in this paragraph 
        shall be construed to prohibit access to information required 
        for official purposes for purposes of voter registration, 
        election administration, and the enforcement of election laws.
            (3) Inter-agency transfers.--
                    (A) In general.--The chief election official of a 
                State shall establish policies and enforcement 
                procedures to maintain security during inter-agency 
                transfers of information required or permitted under 
                this subtitle. Each State agency and third party 
                participating in such inter-agency transfers of 
                information shall facilitate and comply with such 
                policies. Nothing in this subparagraph shall prevent a 
                source agency under section 111 from establishing and 
                enforcing additional security measures to protect the 
                confidentiality and integrity of inter-agency data 
                transfers. No State or local election official shall 
                transfer or facilitate the transfer of information from 
                the computerized Statewide voter registration list to 
                any source agency under section 111.
                    (B) Transmission through secure third parties 
                permitted.--Nothing in this section shall be construed 
                to prevent a source agency under section 111 from 
                contracting with a third party to assist in the 
                transmission of data to a chief State election 
                official, so long as the data transmission complies 
                with the applicable requirements of this subtitle, 
                including the privacy and security provisions of this 
                section.
            (4) Records retention.--The chief State election official 
        of a State shall establish standards and procedures to maintain 
        all election records required for purposes of this subtitle, 
        including for the purpose of determining the eligibility of 
        persons casting provisional ballots under section 302 of the 
        Help America Vote Act of 2002. Records for individuals who have 
        been retained on the computerized Statewide voter registration 
        list under section 301 of such Act but identified as ineligible 
        to vote in an election for Federal office within the State, or 
        removed from the list due to ineligibility, shall be maintained 
        and kept available until at least the date of the second 
        general election for Federal office that occurs after the date 
        that the individual was identified as ineligible.
    (c) Publication of Standards.--The chief State election official of 
a State shall publish on the official's website the standards 
established under this section, and shall make those standards 
available in written form upon public request.
    (d) Protection of Source Information.--The identity of the specific 
source agency through which an individual consented to register to vote 
under section 111 shall not be disclosed to the public and shall not be 
retained after the individual is added to the computerized Statewide 
voter registration list.
    (e) Confidentiality of Information.--The chief State election 
official of a State shall establish policies and enforcement procedures 
to ensure that personal information provided by source agencies or 
otherwise transmitted under this section is kept confidential and is 
available only to authorized users. For purposes of these policies and 
procedures, the term ``personal information'' means any of the 
following:
            (1) Any portion of an individual's Social Security number.
            (2) Any portion of an individual's motor vehicle driver's 
        license number or State identification card number.
            (3) An individual's signature.
            (4) An individual's personal residence and contact 
        information (in the case of individuals with respect to whom 
        such information is required to be maintained as confidential 
        under State law).
            (5) Sensitive information relating to persons in categories 
        designated confidential by Federal or State law, including 
        victims of domestic violence or stalking, prosecutors and law 
        enforcement personnel, and participants in a witness protection 
        program.
            (6) An individual's phone number.
            (7) An individual's email address.
            (8) Any indication of an individual's status as a citizen 
        or noncitizen of the United States.
            (9) Such other information as the chief State election 
        official may designate as confidential to the extent reasonably 
        necessary to prevent identity theft or impersonation, except 
        that the chief State election official may not designate as 
        confidential under this subparagraph the name, address, or date 
        of registration of an individual, or, where applicable, the 
        self-identified racial or ethnic category of the individual as 
        applicable under Revisions to OMB Directive Number 15 or 
        successor directives.
    (f) Protections Against Liability of Individuals on Basis of 
Information Transferred.--
            (1) No individual liability for registration of ineligible 
        individual.--If an individual who is not eligible to register 
        to vote in elections for Federal office is registered to vote 
        in such elections by a chief State election official under 
        section 111, the individual shall not be subject to any 
        penalty, including the imposition of a fine or term of 
        imprisonment, adverse treatment in any immigration or 
        naturalization proceeding, or the denial of any status under 
        immigration laws, under any law prohibiting an individual who 
        is not eligible to register to vote in elections for Federal 
        office from registering to vote in such elections. Nothing in 
        this paragraph shall be construed to waive the liability of any 
        individual who knowingly provides false information to any 
        person regarding the individual's eligibility to register to 
        vote or vote in elections for Federal office.
            (2) Prohibiting use of information by officials.--No person 
        acting under color of law may use the information received by 
        the chief State election official under section 111 to attempt 
        to determine the citizenship status of any individual for 
        immigration enforcement, criminal law enforcement (other than 
        enforcement of election laws), or any purpose other than voter 
        registration, election administration, or the enforcement of 
        election laws.
    (g) Prohibition on Transfer of Information Irrelevant to 
Administration of Elections.--No source agency shall transmit any 
information under section 111 which is irrelevant to the administration 
of elections. To the extent that an election official receives any 
information which is accidentally or inadvertently transferred by a 
source agency under such section, the official shall immediately delete 
the information from the official's records.
    (h) Restriction on Use of Information.--No information relating to 
an individual's absence from the Statewide voter registration list 
under section 303 of the Help America Vote Act of 2002 or an 
individual's declination to supply information for voter registration 
purposes to a source agency under section 111 may be disclosed to the 
public for immigration enforcement, criminal law enforcement other than 
enforcement of laws against election crimes, or used for any purpose 
other than voter registration, election administration, or the 
enforcement of election laws.
    (i) Nondiscrimination.--No person acting under color of law may 
discriminate against any individual on the basis of the individual's 
absence from the statewide voter registration list, the information 
supplied by the individual for voter registration purpose to a source 
agency under section 111, or the individual's declination to supply 
such information, except as required for purposes of voter 
registration, election administration, and the enforcement of election 
laws.
    (j) Prohibition on the Use of Voter Registration Information for 
Commercial or Non-Governmental Purposes.--Voter registration 
information collected under this subtitle shall not be used for 
commercial purposes including for comparison with any existing 
commercial list or database.
    (k) Penalty.--Whoever knowingly uses information or permits 
information to be used in violation of this section shall be imprisoned 
for not more than 1 year, fined under title 18, United States Code, or 
both.
    (l) Exclusion From Lists of Individuals Declining Registration.--
The chief State election official of a State shall ensure that, with 
respect to any individual who declines the opportunity to register to 
vote under section 111, the individual's information is not included on 
the computerized Statewide voter registration list under section 303 of 
the Help America Vote Act of 2002 and is not provided to any third 
party (except to the extent required under other law). Nothing in this 
subsection shall be construed to preclude an individual who has 
previously declined the opportunity to register to vote from 
subsequently registering to vote.

SEC. 113. PROMOTING ACCURACY OF STATEWIDE VOTER REGISTRATION LISTS.

    (a) Deadlines for Transmittal of Change of Address or Other 
Identifying Information.--
            (1) Information received by state motor vehicle 
        authority.--Section 5(d) of the National Voter Registration Act 
        of 1993 (42 U.S.C. 1973gg-3(d)) is amended to read as follows:
    ``(d) Automatic Transmittal of Change of Address or Other 
Identifying Information.--Not later than 24 hours after receiving a 
change of address form or any other information indicating that 
identifying information with respect to an individual which is included 
in the records of the State motor vehicle authority has been changed, 
the State motor vehicle authority shall transmit such form or other 
information to the chief State election official, unless--
            ``(1) the records of the authority include information 
        indicating that the individual is not eligible to register to 
        vote in the State; or
            ``(2) the individual states on the form or otherwise 
        indicates that the change of address or other information is 
        not for voter registration purposes.''.
            (2) Information received by other voter registration 
        agencies.--Section 7 of such Act (42 U.S.C. 1973gg-5) is 
        amended by adding at the end the following new subsection:
    ``(e) Automatic Transmittal of Change of Address or Other 
Identifying Information.--Not later than 24 hours after receiving a 
change of address form or any other information indicating that 
identifying information with respect to an individual which is included 
in the records of a voter registration agency designated under this 
section has been changed, the appropriate official of such agency shall 
transmit such form or other information to the chief State election 
official, unless--
            ``(1) the records of the agency include information 
        indicating that the individual is not eligible to register to 
        vote in the State; or
            ``(2) the individual states on the form or otherwise 
        indicates that the change of address or other information is 
        not for voter registration purposes.''.
            (3) Information received from source agencies.--Not later 
        than 24 hours after receiving a change of address form or any 
        other information indicating that identifying information with 
        respect to an individual which is included in the records of a 
        source agency designated under section 111 has been changed, 
        the appropriate official of such agency shall transmit such 
        form or other information to the chief State election official, 
        unless--
                    (A) the records of the agency include information 
                indicating that the individual is not eligible to 
                register to vote in the State; or
                    (B) the individual states on the form or otherwise 
                indicates that the change of address or other 
                information is not for voter registration purposes.
    (b) Revision of Statewide Computerized List To Reflect Revised 
Information.--Section 303(a) of the Help America Vote Act of 2002 (42 
U.S.C. 15483(a)), as amended by section 102(a), is amended by adding at 
the end the following new paragraph:
            ``(7) Revision of list to reflect information received from 
        other state offices.--
                    ``(A) In general.--If a State motor vehicle 
                authority (pursuant to section 5(d) of the National 
                Voter Registration Act of 1993) a voter registration 
                agency (designated under section 7 of such Act), or a 
                source agency (designated under section 111 of the 
                Voter Registration Modernization Act of 2012) transmits 
                to the chief State election official a change of 
                address form or any other information indicating that 
                identifying information with respect to an individual 
                has been changed, the appropriate State or local 
                election official shall--
                            ``(i) determine whether the individual 
                        appears on the computerized list established 
                        under this section; and
                            ``(ii) if the individual appears on the 
                        list, revise the information relating to the 
                        individual on the list to reflect the 
                        individual's new address or other changed 
                        identifying information.
                    ``(B) Notification to voters.--If an election 
                official revises any voter registration information on 
                the computerized list with respect to any voter 
                (including removing the voter from the list), 
                immediately after revising the information, the 
                official shall send the individual a written notice of 
                the revision which includes the following information:
                            ``(i) The voter's name, date of birth, and 
                        address, as reflected in the revised 
                        information on the computerized list.
                            ``(ii) A statement that the voter's voter 
                        registration information has been updated.
                            ``(iii) Information on how to correct 
                        information on the computerized list.
                            ``(iv) A statement of the eligibility 
                        requirements for registered voters in the 
                        State.
                            ``(v) A statement (in larger font size than 
                        the other statements on the notice) that it is 
                        illegal for an individual who does not meet the 
                        eligibility requirements for registered voters 
                        in the State to vote in an election in the 
                        State.
                            ``(vi) A statement that the voter may 
                        terminate the voter's status as a registered 
                        voter in the State, or request a change in the 
                        voter's voter registration information, at any 
                        time by contacting the appropriate State or 
                        local election official, together with contact 
                        information for such official (including any 
                        website through which the voter may contact the 
                        official or obtain information on voter 
                        registration in the State).
                    ``(C) Use of electronic mail.--If an election 
                official has an electronic mail address for any voter 
                to whom the official is required to send a written 
                notice under this paragraph, the official may meet the 
                requirements of this paragraph by sending the notice to 
                the voter in electronic form at that address, but only 
                if prior to sending the notice, the official sends a 
                test electronic mail to the voter at that address and 
                receives confirmation that the address is current and 
                valid.''.
    (c) Effective Date.--The amendments made by this section shall 
apply with respect to elections occurring during 2014 or any succeeding 
year.

SEC. 114. DEFINITIONS.

    (a) Chief State Election Official.--In this subtitle, the ``chief 
State election official'' means, with respect to a State, the 
individual designated by the State under section 10 of the National 
Voter Registration Act of 1993 (42 U.S.C. 1973gg-8) to be responsible 
for coordination of the State's responsibilities under such Act.
    (b) State.--In this subtitle, a ``State'' includes the District of 
Columbia, the Commonwealth of Puerto Rico, the United States Virgin 
Islands, Guam, and American Samoa, but does not include any State in 
which, under a State law in effect continuously on and after the date 
of the enactment of this Act, there is no voter registration 
requirement for individuals in the State with respect to elections for 
Federal office.

SEC. 115. EFFECTIVE DATE.

    This subtitle and the amendments made by this subtitle shall apply 
with respect to the regularly scheduled general election for Federal 
office held in November 2014 and each succeeding election for Federal 
office.

      Subtitle C--Other Initiatives To Promote Voter Registration

SEC. 121. SAME DAY REGISTRATION.

    (a) In General.--Title III of the Help America Vote Act of 2002 (42 
U.S.C. 15481 et seq.) is amended--
            (1) by redesignating sections 304 and 305 as sections 305 
        and 306; and
            (2) by inserting after section 303 the following new 
        section:

``SEC. 304. SAME DAY REGISTRATION.

    ``(a) In General.--
            ``(1) Registration.--Notwithstanding section 8(a)(1)(D) of 
        the National Voter Registration Act of 1993 (42 U.S.C. 1973gg-
        6), each State shall permit any eligible individual on the day 
        of a Federal election and on any day when voting, including 
        early voting, is permitted for a Federal election--
                    ``(A) to register to vote in such election at the 
                polling place using a form that meets the requirements 
                under section 9(b) of the National Voter Registration 
                Act of 1993 (or, if the individual is already 
                registered to vote, to revise any of the individual's 
                voter registration information); and
                    ``(B) to cast a vote in such election.
            ``(2) Exception.--The requirements under paragraph (1) 
        shall not apply to a State in which, under a State law in 
        effect continuously on and after the date of the enactment of 
        this section, there is no voter registration requirement for 
        individuals in the State with respect to elections for Federal 
        office.
    ``(b) Eligible Individual.--For purposes of this section, the term 
`eligible individual' means, with respect to any election for Federal 
office, an individual who is otherwise qualified to vote in that 
election.
    ``(c) Effective Date.--Each State shall be required to comply with 
the requirements of subsection (a) for the regularly scheduled general 
election for Federal office occurring in November 2012 and for any 
subsequent election for Federal office.''.
    (b) Conforming Amendment Relating to Enforcement.--Section 401 of 
such Act (42 U.S.C. 15511) is amended by striking ``sections 301, 302, 
and 303'' and inserting ``subtitle A of title III''.
    (c) Clerical Amendment.--The table of contents of such Act is 
amended--
            (1) by redesignating the items relating to sections 304 and 
        305 as relating to sections 305 and 306; and
            (2) by inserting after the item relating to section 303 the 
        following new item:

``Sec. 304. Same day registration.''.

SEC. 122. ACCEPTANCE OF VOTER REGISTRATION APPLICATIONS FROM 
              INDIVIDUALS UNDER 18 YEARS OF AGE.

    (a) Acceptance of Applications.--Section 8 of the National Voter 
Registration Act of 1993 (42 U.S.C. 1973gg-6), as amended by section 
104, is amended--
            (1) by redesignating subsection (k) as subsection (l); and
            (2) by inserting after subsection (j) the following new 
        subsection:
    ``(k) Acceptance of Applications From Individuals Under 18 Years of 
Age.--
            ``(1) In general.--A State may not refuse to accept or 
        process an individual's application to register to vote in 
        elections for Federal office on the grounds that the individual 
        is under 18 years of age at the time the individual submits the 
        application, so long as the individual is at least 16 years of 
        age at such time.
            ``(2) No effect on state voting age requirements.--Nothing 
        in paragraph (1) may be construed to require a State to permit 
        an individual who is under 18 years of age at the time of an 
        election for Federal office to vote in the election.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply with respect to elections occurring on or after January 1, 2014.

SEC. 123. ANNUAL REPORTS ON VOTER REGISTRATION STATISTICS.

    (a) Annual Report.--Not later than 90 days after the end of each 
year, each State shall submit to the Election Assistance Commission and 
Congress a report containing the following information for the year:
            (1) The number of individuals who were registered under 
        section 111.
            (2) The number of voter registration application forms 
        completed by individuals that were transmitted by motor vehicle 
        authorities in the State (pursuant to section 5(d) of the 
        National Voter Registration Act of 1993) and voter registration 
        agencies in the State (as designated under section 7 of such 
        Act) to the chief State election official of the State, broken 
        down by each such authority and agency.
            (3) The number of such individuals whose voter registration 
        application forms were accepted and who were registered to vote 
        in the State and the number of such individuals whose forms 
        were rejected and who were not registered to vote in the State, 
        broken down by each such authority and agency.
            (4) The number of change of address forms and other forms 
        of information indicating that an individual's identifying 
        information has been changed that were transmitted by such 
        motor vehicle authorities and voter registration agencies to 
        the chief State election official of the State, broken down by 
        each such authority and agency and the type of form 
        transmitted.
            (5) The number of individuals on the Statewide computerized 
        voter registration list (as established and maintained under 
        section 303 of the Help America Vote Act of 2002) whose voter 
        registration information was revised by the chief State 
        election official as a result of the forms transmitted to the 
        official by such motor vehicle authorities and voter 
        registration agencies (as described in paragraph (3)), broken 
        down by each such authority and agency and the type of form 
        transmitted.
            (6) The number of individuals who requested the chief State 
        election official to revise voter registration information on 
        such list, and the number of individuals whose information was 
        revised as a result of such a request.
    (b) Confidentiality of Information.--In preparing and submitting a 
report under this section, the chief State election official shall 
ensure that no information regarding the identification of any 
individual is revealed.
    (c) State Defined.--In this section, a ``State'' includes the 
District of Columbia, the Commonwealth of Puerto Rico, the United 
States Virgin Islands, Guam, and American Samoa, but does not include 
any State in which, under a State law in effect continuously on and 
after the date of the enactment of this Act, there is no voter 
registration requirement for individuals in the State with respect to 
elections for Federal office.

         Subtitle D--Availability of HAVA Requirements Payments

SEC. 131. AVAILABILITY OF REQUIREMENTS PAYMENTS UNDER HAVA TO COVER 
              COSTS OF COMPLIANCE WITH NEW REQUIREMENTS.

    (a) In General.--Section 251(b) of the Help America Vote Act of 
2002 (42 U.S.C. 15401(b)) is amended--
            (1) in paragraph (1), by striking ``(2) and (3)'' and 
        inserting ``(2), (3), and (4)''; and
            (2) by adding at the end the following new paragraph:
            ``(4) Certain voter registration activities.--A State may 
        use a requirements payment to carry out any of the requirements 
        of the Voter Registration Modernization Act of 2012, including 
        the requirements of the National Voter Registration Act of 1993 
        which are imposed pursuant to the amendments made to such Act 
        by the Voter Registration Modernization Act of 2012.''.
    (b) Conforming Amendment.--Section 254(a)(1) of such Act (42 U.S.C. 
15404(a)(1)) is amended by striking ``section 251(a)(2)'' and inserting 
``section 251(b)(2)''.
    (c) Effective Date.--The amendments made by this section shall 
apply with respect to fiscal year 2013 and each succeeding fiscal year.

      Subtitle E--Prohibiting Interference With Voter Registration

SEC. 141. PROHIBITING HINDERING, INTERFERING WITH, OR PREVENTING VOTER 
              REGISTRATION.

    (a) In General.--Chapter 29 of title 18, United States Code is 
amended by adding at the end the following new section:
``Sec. 612. Hindering, interfering with, or preventing registering to 
              vote
    ``(a) Prohibition.--It shall be unlawful for any person, whether 
acting under color of law or otherwise, to corruptly hinder, interfere 
with, or prevent another person from registering to vote or aiding 
another person in registering to vote in any election for Federal 
office.
    ``(b) Attempt.--Any person who attempts to commit any offense 
described in subsection (a) shall be subject to the same penalties as 
those prescribed for the offense that the person attempted to commit.
    ``(c) Penalty.--Any person who violates subsection (a) shall be 
fined under this title, imprisoned not more than 5 years, or both.
    ``(d) Election for Federal Office Defined.--For purposes of this 
section, the term `election for Federal office' means a general, 
special, primary, or runoff election held to nominate or elect a 
candidate for the office of President or Vice President, presidential 
elector, or of Senator or Representative in, or Delegate or Resident 
Commissioner to, the Congress.''.
    (b) Clerical Amendment.--The table of sections for chapter 29 of 
title 18, United States Code is amended by adding at the end the 
following new item:

``612. Hindering, interfering with, or preventing registering to 
                            vote.''.
    (c) Effective Date.--The amendments made by this section shall 
apply with respect to elections held on or after the date of the 
enactment of this Act, except that no person may be found to have 
violated section 612 of title 18, United States Code (as added by 
subsection (a)) on the basis of any act occurring prior to the date of 
the enactment of this Act.

SEC. 142. ESTABLISHMENT OF BEST PRACTICES.

    (a) Best Practices.--Not later than 180 days after the date of the 
enactment of this Act, the Election Assistance Commission shall develop 
and publish recommendations for best practices for States to use to 
deter and prevent violations of section 612 of title 18, United States 
Code (as added by section 141) and section 12 of the National Voter 
Registration Act of 1993 (42 U.S.C. 1973gg-10) (relating to the 
unlawful interference with registering to vote, or voting, or 
attempting to register to vote or vote), including practices to provide 
for the posting of relevant information at polling places and voter 
registration agencies under such Act, the training of poll workers and 
election officials, and relevant educational materials. For purposes of 
this subsection, the term ``State'' includes the District of Columbia, 
the Commonwealth of Puerto Rico, Guam, American Samoa, and the United 
States Virgin Islands.
    (b) Inclusion in Voter Information Requirements.--Section 302(b)(2) 
of the Help America Vote Act of 2002 (42 U.S.C. 15482(b)(2)) is 
amended--
            (1) by striking ``and'' at the end of subparagraph (E);
            (2) by striking the period at the end of subparagraph (F) 
        and inserting ``; and''; and
            (3) by adding at the end the following new subparagraph:
                    ``(G) information relating to the prohibitions of 
                section 612 of title 18, United States Code, and 
                section 12 of the National Voter Registration Act of 
                1993 (42 U.S.C. 1973gg-10) (relating to the unlawful 
                interference with registering to vote, or voting, or 
                attempting to register to vote or vote), including 
                information on how individuals may report allegations 
                of violations of such prohibitions.''.

      TITLE II--ACCESS TO VOTING FOR INDIVIDUALS WITH DISABILITIES

SEC. 201. REQUIREMENTS FOR STATES TO PROMOTE ACCESS TO VOTER 
              REGISTRATION AND VOTING FOR INDIVIDUALS WITH 
              DISABILITIES.

    (a) Requirements.--Subtitle A of title III of the Help America Vote 
Act of 2002 (42 U.S.C. 15481 et seq.), as amended by section 114, is 
amended--
            (1) by redesignating sections 305 and 306 as sections 306 
        and 307; and
            (2) by inserting after section 304 the following new 
        section:

``SEC. 305. ACCESS TO VOTER REGISTRATION AND VOTING FOR INDIVIDUALS 
              WITH DISABILITIES.

    ``(a) Treatment of Applications and Ballots.--Each State shall--
            ``(1) permit individuals with disabilities to use absentee 
        registration procedures and to vote by absentee ballot in 
        elections for Federal office;
            ``(2) accept and process, with respect to any election for 
        Federal office, any otherwise valid voter registration 
        application and absentee ballot application from an individual 
        with a disability if the application is received by the 
        appropriate State election official not less than 30 days 
        before the election;
            ``(3) in addition to any other method of registering to 
        vote or applying for an absentee ballot in the State, establish 
        procedures--
                    ``(A) for individuals with disabilities to request 
                by mail and electronically voter registration 
                applications and absentee ballot applications with 
                respect to elections for Federal office in accordance 
                with subsection (c);
                    ``(B) for States to send by mail and electronically 
                (in accordance with the preferred method of 
                transmission designated by the individual under 
                subparagraph (C)) voter registration applications and 
                absentee ballot applications requested under 
                subparagraph (A) in accordance with subsection (c); and
                    ``(C) by which such an individual can designate 
                whether the individual prefers that such voter 
                registration application or absentee ballot application 
                be transmitted by mail or electronically;
            ``(4) in addition to any other method of transmitting blank 
        absentee ballots in the State, establish procedures for 
        transmitting by mail and electronically blank absentee ballots 
        to individuals with disabilities with respect to elections for 
        Federal office in accordance with subsection (d);
            ``(5) transmit a validly requested absentee ballot to an 
        individual with a disability--
                    ``(A) except as provided in subsection (e), in the 
                case in which the request is received at least 45 days 
                before an election for Federal office, not later than 
                45 days before the election; and
                    ``(B) in the case in which the request is received 
                less than 45 days before an election for Federal 
                office--
                            ``(i) in accordance with State law; and
                            ``(ii) if practicable and as determined 
                        appropriate by the State, in a manner that 
                        expedites the transmission of such absentee 
                        ballot; and
            ``(6) if the State declares or otherwise holds a runoff 
        election for Federal office, establish a written plan that 
        provides absentee ballots are made available to individuals 
        with disabilities in a manner that gives them sufficient time 
        to vote in the runoff election.
    ``(b) Designation of Single State Office To Provide Information on 
Registration and Absentee Ballot Procedures for All Disabled Voters in 
State.--Each State shall designate a single office which shall be 
responsible for providing information regarding voter registration 
procedures and absentee ballot procedures to be used by individuals 
with disabilities with respect to elections for Federal office to all 
individuals with disabilities who wish to register to vote or vote in 
any jurisdiction in the State.
    ``(c) Designation of Means of Electronic Communication for 
Individuals With Disabilities To Request and for States To Send Voter 
Registration Applications and Absentee Ballot Applications, and for 
Other Purposes Related to Voting Information.--
            ``(1) In general.--Each State shall, in addition to the 
        designation of a single State office under subsection (b), 
        designate not less than 1 means of electronic communication--
                    ``(A) for use by individuals with disabilities who 
                wish to register to vote or vote in any jurisdiction in 
                the State to request voter registration applications 
                and absentee ballot applications under subsection 
                (a)(3);
                    ``(B) for use by States to send voter registration 
                applications and absentee ballot applications requested 
                under such subsection; and
                    ``(C) for the purpose of providing related voting, 
                balloting, and election information to individuals with 
                disabilities.
            ``(2) Clarification regarding provision of multiple means 
        of electronic communication.--A State may, in addition to the 
        means of electronic communication so designated, provide 
        multiple means of electronic communication to individuals with 
        disabilities, including a means of electronic communication for 
        the appropriate jurisdiction of the State.
            ``(3) Inclusion of designated means of electronic 
        communication with informational and instructional materials 
        that accompany balloting materials.--Each State shall include a 
        means of electronic communication so designated with all 
        informational and instructional materials that accompany 
        balloting materials sent by the State to individuals with 
        disabilities.
            ``(4) Transmission if no preference indicated.--In the case 
        where an individual with a disability does not designate a 
        preference under subsection (a)(3)(C), the State shall transmit 
        the voter registration application or absentee ballot 
        application by any delivery method allowable in accordance with 
        applicable State law, or if there is no applicable State law, 
        by mail.
    ``(d) Transmission of Blank Absentee Ballots by Mail and 
Electronically.--
            ``(1) In general.--Each State shall establish procedures--
                    ``(A) to transmit blank absentee ballots by mail 
                and electronically (in accordance with the preferred 
                method of transmission designated by the individual 
                with a disability under subparagraph (B)) to 
                individuals with disabilities for an election for 
                Federal office; and
                    ``(B) by which the individual with a disability can 
                designate whether the individual prefers that such 
                blank absentee ballot be transmitted by mail or 
                electronically.
            ``(2) Transmission if no preference indicated.--In the case 
        where an individual with a disability does not designate a 
        preference under paragraph (1)(B), the State shall transmit the 
        ballot by any delivery method allowable in accordance with 
        applicable State law, or if there is no applicable State law, 
        by mail.
    ``(e) Hardship Exemption.--
            ``(1) In general.--If the chief State election official 
        determines that the State is unable to meet the requirement 
        under subsection (a)(5)(A) with respect to an election for 
        Federal office due to an undue hardship described in paragraph 
        (2)(B), the chief State election official shall request that 
        the Attorney General grant a waiver to the State of the 
        application of such subsection. Such request shall include--
                    ``(A) a recognition that the purpose of such 
                subsection is to individuals with disabilities enough 
                time to vote in an election for Federal office;
                    ``(B) an explanation of the hardship that indicates 
                why the State is unable to transmit such individuals an 
                absentee ballot in accordance with such subsection;
                    ``(C) the number of days prior to the election for 
                Federal office that the State requires absentee ballots 
                be transmitted to such individuals; and
                    ``(D) a comprehensive plan to ensure that such 
                individuals are able to receive absentee ballots which 
                they have requested and submit marked absentee ballots 
                to the appropriate State election official in time to 
                have that ballot counted in the election for Federal 
                office, which includes--
                            ``(i) the steps the State will undertake to 
                        ensure that such individuals have time to 
                        receive, mark, and submit their ballots in time 
                        to have those ballots counted in the election;
                            ``(ii) why the plan provides such 
                        individuals sufficient time to vote as a 
                        substitute for the requirements under such 
                        subsection; and
                            ``(iii) the underlying factual information 
                        which explains how the plan provides such 
                        sufficient time to vote as a substitute for 
                        such requirements.
            ``(2) Approval of waiver request.--The Attorney General 
        shall approve a waiver request under paragraph (1) if the 
        Attorney General determines each of the following requirements 
        are met:
                    ``(A) The comprehensive plan under subparagraph (D) 
                of such paragraph provides individuals with 
                disabilities sufficient time to receive absentee 
                ballots they have requested and submit marked absentee 
                ballots to the appropriate State election official in 
                time to have that ballot counted in the election for 
                Federal office.
                    ``(B) One or more of the following issues creates 
                an undue hardship for the State:
                            ``(i) The State's primary election date 
                        prohibits the State from complying with 
                        subsection (a)(5)(A).
                            ``(ii) The State has suffered a delay in 
                        generating ballots due to a legal contest.
                            ``(iii) The State Constitution prohibits 
                        the State from complying with such subsection.
            ``(3) Timing of waiver.--
                    ``(A) In general.--Except as provided under 
                subparagraph (B), a State that requests a waiver under 
                paragraph (1) shall submit to the Attorney General the 
                written waiver request not later than 90 days before 
                the election for Federal office with respect to which 
                the request is submitted. The Attorney General shall 
                approve or deny the waiver request not later than 65 
                days before such election.
                    ``(B) Exception.--If a State requests a waiver 
                under paragraph (1) as the result of an undue hardship 
                described in paragraph (2)(B)(ii), the State shall 
                submit to the Attorney General the written waiver 
                request as soon as practicable. The Attorney General 
                shall approve or deny the waiver request not later than 
                5 business days after the date on which the request is 
                received.
            ``(4) Application of waiver.--A waiver approved under 
        paragraph (2) shall only apply with respect to the election for 
        Federal office for which the request was submitted. For each 
        subsequent election for Federal office, the Attorney General 
        shall only approve a waiver if the State has submitted a 
        request under paragraph (1) with respect to such election.
    ``(f) Individual With a Disability Defined.--In this section, an 
`individual with a disability' means an individual with an impairment 
that substantially limits any major life activities and who is 
otherwise qualified to vote in elections for Federal office.
    ``(g) Effective Date.--This section shall apply with respect to 
elections for Federal office held on or after January 1, 2014.''.
    (b) Conforming Amendment Relating to Issuance of Voluntary Guidance 
by Election Assistance Commission.--Section 311(b) of such Act (42 
U.S.C. 15501(b)) is amended--
            (1) by striking ``and'' at the end of paragraph (2);
            (2) by striking the period at the end of paragraph (3) and 
        inserting ``; and''; and
            (3) by adding at the end the following new paragraph:
            ``(4) in the case of the recommendations with respect to 
        section 305, January 1, 2014.''.
    (c) Clerical Amendment.--The table of contents of such Act, as 
amended by section 114(c), is amended--
            (1) by redesignating the items relating to sections 305 and 
        306 as relating to sections 306 and 307; and
            (2) by inserting after the item relating to section 304 the 
        following new item:

``Sec. 305. Access to voter registration and voting for individuals 
                            with disabilities.''.

SEC. 202. PILOT PROGRAMS FOR ENABLING INDIVIDUALS WITH DISABILITIES TO 
              REGISTER TO VOTE AND VOTE PRIVATELY AND INDEPENDENTLY AT 
              RESIDENCES.

    (a) Establishment of Pilot Programs.--The Election Assistance 
Commission (hereafter referred to as the ``Commission'') shall make 
grants to eligible States to conduct pilot programs under which--
            (1) individuals with disabilities may use electronic means 
        (including the Internet and telephones utilizing assistive 
        devices) to register to vote and to request and receive 
        absentee ballots, in a manner which permits such individuals to 
        do so privately and independently at their own residences; and
            (2) individuals with disabilities may use the telephone to 
        cast ballots electronically from their own residences, but only 
        if the telephone used is not connected to the Internet.
    (b) Reports.--
            (1) In general.--A State receiving a grant for a year under 
        this section shall submit a report to the Commission on the 
        pilot programs the State carried out with the grant with 
        respect to elections for public office held in the State during 
        the year.
            (2) Deadline.--A State shall submit a report under 
        paragraph (1) not later than 90 days after the last election 
        for public office held in the State during the year.
    (c) Eligibility.--A State is eligible to receive a grant under this 
section if the State submits to the Commission, at such time and in 
such form as the Commission may require, an application containing such 
information and assurances as the Commission may require.
    (d) Timing.--The Commission shall make the first grants under this 
section for pilot programs which will be in effect with respect to 
elections for Federal office held in 2014, or, at the option of a 
State, with respect to other elections for public office held in the 
State 2013.
    (e) Authorization of Appropriations.--There are authorized to be 
appropriated for grants for pilot programs under this section 
$30,000,000 for fiscal year 2013 and each succeeding fiscal year.
    (f) State Defined.--In this section, the term ``State'' includes 
the District of Columbia, the Commonwealth of Puerto Rico, Guam, 
American Samoa, and the United States Virgin Islands.

SEC. 203. EXPANSION AND REAUTHORIZATION OF GRANT PROGRAM TO ASSURE 
              VOTING ACCESS FOR INDIVIDUALS WITH DISABILITIES.

    (a) Purposes of Payments.--Section 261(b) of the Help America Vote 
Act of 2002 (42 U.S.C. 15421(b)) is amended by striking paragraphs (1) 
and (2) and inserting the following:
            ``(1) making absentee voting and voting at home accessible 
        to individuals with the full range of disabilities (including 
        impairments involving vision, hearing, mobility, or dexterity) 
        through the implementation of accessible absentee voting 
        systems that work in conjunction with assistive technologies 
        for which individuals have access at their homes, independent 
        living centers, or other facilities;
            ``(2) making polling places, including the path of travel, 
        entrances, exits, and voting areas of each polling facility, 
        accessible to individuals with disabilities, including the 
        blind and visually impaired, in a manner that provides the same 
        opportunity for access and participation (including privacy and 
        independence) as for other voters; and
            ``(3) providing solutions to problems of access to voting 
        and elections for individuals with disabilities that are 
        universally designed and provide the same opportunities for 
        individuals with and without disabilities.''.
    (b) Reauthorization.--Section 264(a) of such Act (42 U.S.C. 
15424(a)) is amended by adding at the end the following new paragraph:
            ``(4) For fiscal year 2013 and each succeeding fiscal year, 
        such sums as may be necessary to carry out this part.''.
    (c) Period of Availability of Funds.--Section 264 of such Act (42 
U.S.C. 15424) is amended--
            (1) in subsection (b), by striking ``Any amounts'' and 
        inserting ``Except as provided in subsection (b), any 
        amounts''; and
            (2) by adding at the end the following new subsection:
    ``(c) Return and Transfer of Certain Funds.--
            ``(1) Deadline for obligation and expenditure.--In the case 
        of any amounts appropriated pursuant to the authority of 
        subsection (a) for a payment to a State or unit of local 
        government for fiscal year 2013 or any succeeding fiscal year, 
        any portion of such amounts which have not been obligated or 
        expended by the State or unit of local government prior to the 
        expiration of the 4-year period which begins on the date the 
        State or unit of local government first received the amounts 
        shall be transferred to the Commission.
            ``(2) Reallocation of transferred amounts.--
                    ``(A) In general.--The Commission shall use the 
                amounts transferred under paragraph (1) to make 
                payments on a pro rata basis to each covered payment 
                recipient described in subparagraph (B), which may 
                obligate and expend such payment for the purposes 
                described in section 261(b) during the 1-year period 
                which begins on the date of receipt.
                    ``(B) Covered payment recipients described.--In 
                subparagraph (A), a `covered payment recipient' is a 
                State or unit of local government with respect to 
                which--
                            ``(i) amounts were appropriated pursuant to 
                        the authority of subsection (a); and
                            ``(ii) no amounts were transferred to the 
                        Commission under paragraph (1).''.

                  TITLE III--PROHIBITING VOTER CAGING

SEC. 301. VOTER CAGING AND OTHER QUESTIONABLE CHALLENGES PROHIBITED.

    (a) In General.--Chapter 29 of title 18, United States Code, as 
amended by section 141(a), is amended by adding at the end the 
following:
``Sec. 613. Voter caging and other questionable challenges
    ``(a) Definitions.--In this section--
            ``(1) the term `voter caging document' means--
                    ``(A) a nonforwardable document that is returned to 
                the sender or a third party as undelivered or 
                undeliverable despite an attempt to deliver such 
                document to the address of a registered voter or 
                applicant; or
                    ``(B) any document with instructions to an 
                addressee that the document be returned to the sender 
                or a third party but is not so returned, despite an 
                attempt to deliver such document to the address of a 
                registered voter or applicant, unless at least two 
                Federal election cycles have passed since the date of 
                the attempted delivery;
            ``(2) the term `voter caging list' means a list of 
        individuals compiled from voter caging documents; and
            ``(3) the term `unverified match list' means a list 
        produced by matching the information of registered voters or 
        applicants for voter registration to a list of individuals who 
        are ineligible to vote in the registrar's jurisdiction, by 
        virtue of death, conviction, change of address, or otherwise; 
        unless one of the pieces of information matched includes a 
        signature, photograph, or unique identifying number ensuring 
        that the information from each source refers to the same 
        individual.
    ``(b) Prohibition Against Voter Caging.--No State or local election 
official shall prevent an individual from registering or voting in any 
election for Federal office, or permit in connection with any election 
for Federal office a formal challenge under State law to an 
individual's registration status or eligibility to vote, if the basis 
for such decision is evidence consisting of--
            ``(1) a voter caging document or voter caging list;
            ``(2) an unverified match list;
            ``(3) an error or omission on any record or paper relating 
        to any application, registration, or other act requisite to 
        voting, if such error or omission is not material to an 
        individual's eligibility to vote under section 2004 of the 
        Revised Statutes, as amended (42 U.S.C. 1971(a)(2)(B)); or
            ``(4) any other evidence so designated for purposes of this 
        section by the Election Assistance Commission,
except that the election official may use such evidence if it is 
corroborated by independent evidence of the individual's ineligibility 
to register or vote.
    ``(c) Requirements For Challenges by Persons Other Than Election 
Officials.--No person, other than a State or local election official, 
shall submit a formal challenge to an individual's eligibility to 
register to vote in an election for Federal office or to vote in an 
election for Federal office unless that challenge is supported by 
personal knowledge regarding the grounds for ineligibility which is--
            ``(1) documented in writing; and
            ``(2) subject to an oath or attestation under penalty of 
        perjury that the challenger has a good faith factual basis to 
        believe that the individual who is the subject of the challenge 
        is ineligible to register to vote or vote in that election.
    ``(d) Penalties for Knowing Misconduct.--Whoever knowingly 
challenges the eligibility of one or more individuals to register or 
vote or knowingly causes the eligibility of such individuals to be 
challenged in violation of this section with the intent that one or 
more eligible voters be disqualified, shall be fined under this title 
or imprisoned not more than 1 year, or both, for each such violation. 
Each violation shall be a separate offense.
    ``(e) No Effect on Related Laws.--Nothing in this section is 
intended to override the protections of the National Voter Registration 
Act of 1993 (42 U.S.C. 1973gg et seq.) or to affect the Voting Rights 
Act of 1965 (42 U.S.C. 1973 et seq.).''.
    (b) Clerical Amendment.--The table of sections for chapter 29 of 
title 18, United States Code, as amended by section 141(b), is amended 
by adding at the end the following:

``613. Voter caging and other questionable challenges.''.

SEC. 302. DEVELOPMENT AND ADOPTION OF BEST PRACTICES FOR PREVENTING 
              VOTER CAGING.

    (a) Best Practices.--Not later than 180 days after the date of the 
enactment of this Act, the Election Assistance Commission shall develop 
and publish for the use of States recommendations for best practices to 
deter and prevent violations of section 613 of title 18, United States 
Code, as added by section 301(a), including practices to provide for 
the posting of relevant information at polling places and voter 
registration agencies, the training of poll workers and election 
officials, and relevant educational measures. For purposes of this 
subsection, the term ``State'' includes the District of Columbia, the 
Commonwealth of Puerto Rico, Guam, American Samoa, and the United 
States Virgin Islands.
    (b) Inclusion in Voting Information Requirements.--Section 
302(b)(2) of the Help America Vote Act of 2002 (42 U.S.C. 15482(b)(2)), 
as amended by section 141(b), is amended--
            (1) by striking ``and'' at the end of subparagraph (F);
            (2) by striking the period at the end of subparagraph (G) 
        and inserting ``; and''; and
            (3) by adding at the end the following new subparagraph:
                    ``(H) information relating to the prohibition 
                against voter caging and other questionable challenges 
                (as set forth in section 613 of title 18, United States 
                Code), including information on how individuals may 
                report allegations of violations of such 
                prohibition.''.

SEC. 303. SEVERABILITY.

    If any provision of this title or any amendment made by this title, 
or the application of a provision to any person or circumstance, is 
held to be unconstitutional, the remainder of this title and the 
amendments made by this title, and the application of the provisions to 
any person or circumstance, shall not be affected by the holding.

               TITLE IV--PROHIBITING DECEPTIVE PRACTICES

SEC. 401. PROHIBITION ON DECEPTIVE PRACTICES IN FEDERAL ELECTIONS.

    (a) In General.--Chapter 29 of title 18, United States Code, as 
amended by section 141(a) and section 301(a), is amended by adding at 
the end the following:
``Sec. 614. False election-related information in Federal elections
    ``(a) A person, including an election official, who in any election 
for Federal office knowingly and willfully deprives, defrauds, or 
attempts to deprive or defraud the residents of a State of their free 
and fair exercise of the right to vote by the communication of 
election-related information that is known by the person to be 
materially false, fictitious, or fraudulent shall be fined under this 
title or imprisoned not more than 1 year, or both.
    ``(b) As used in this section--
            ``(1) the term `election for Federal office' means any 
        general, primary, runoff, or special election for the office of 
        President, Vice President, presidential elector, Member of the 
        Senate, Member of the House of Representatives, or Delegate or 
        Resident Commissioner to the Congress; and
            ``(2) the term `election-related information' means any 
        oral or written communication regarding--
                    ``(A) the time or place of an election for Federal 
                office;
                    ``(B) criminal penalties associated with voting in 
                such an election;
                    ``(C) an individual's voter registration status or 
                eligibility to vote in such an election; or
                    ``(D) the explicit endorsement by any person or 
                organization of a candidate in such an election.''.
    (b) Clerical Amendment.--The table of sections for chapter 29 of 
title 18, United States Code, as amended by section 141(b) and section 
301(b), is amended by adding at the end the following new item:

``614. False election-related information in Federal elections.''.

SEC. 402. MODIFICATION OF PENALTY FOR VOTER INTIMIDATION.

    Section 594 of title 18, United States Code, is amended by striking 
``one year'' and inserting ``5 years''.

SEC. 403. SENTENCING GUIDELINES.

    (a) Review and Amendment.--Not later than 90 days after the date of 
enactment of this Act, the United States Sentencing Commission, 
pursuant to its authority under section 994 of title 28, United States 
Code, and in accordance with this section, shall review and, if 
appropriate, amend the Federal sentencing guidelines and policy 
statements applicable to persons convicted of any offense under any 
sections of title 18, United States Code, that are added or modified by 
this Act.
    (b) Authorization.--The United States Sentencing Commission may, 
for the purposes of the amendments made pursuant to this title, amend 
the Federal sentencing guidelines in accordance with the procedures set 
forth in section 21(a) of the Sentencing Act of 1987 (28 U.S.C. 994 
note) as though the authority under that section had not expired.

SEC. 404. REPORTING VIOLATIONS; CORRECTIVE ACTION.

    (a) Reporting.--Any person may submit a report to the Attorney 
General regarding any violation or possible violation of section 594 or 
section 614 of title 18, United States Code (as added by section 
401(a)).
    (b) Corrective Action.--
            (1) In general.--Immediately after receiving a report under 
        subsection (a), the Attorney General shall consider and review 
        the report, and if the Attorney General determines that there 
        is a reasonable basis to find that a violation included in the 
        report has occurred, the Attorney General shall--
                    (A) undertake all effective measures necessary to 
                provide correct information to voters affected by the 
                false information; and
                    (B) refer the matter to the appropriate Federal and 
                State authorities for criminal prosecution or civil 
                action after the election involved.
            (2) Regulations.--The Attorney General shall promulgate 
        regulations regarding the methods and means of corrective 
        actions to be taken under paragraph (1). Such regulations shall 
        be developed in consultation with the Election Assistance 
        Commission, civil rights organizations, voting rights groups, 
        State and local election officials, voter protection groups, 
        and other interested community organizations.
            (3) Study and report on methods of disseminating corrective 
        information.--
                    (A) In general.--The Attorney General, in 
                consultation with the Federal Communications Commission 
                and the Election Assistance Commission, shall conduct a 
                study on the feasibility of providing the corrective 
                information under paragraph (1) through public service 
                announcements, the emergency alert system, or other 
                forms of public broadcast.
                    (B) Report.--Not later than 180 days after the date 
                of the enactment of this Act, the Attorney General 
                shall submit to Congress a report detailing the results 
                of the study conducted under subparagraph (A).
            (4) Publicizing availability of remedies.--The Attorney 
        General shall make public through the Internet, radio, 
        television, and newspaper advertisements information on the 
        responsibilities, contact information, and complaint procedures 
        applicable under this section.
    (c) Reports to Congress.--
            (1) In general.--Not later than 90 days after any election 
        with respect to which a report has been submitted under 
        subsection (a), the Attorney General shall submit to Congress a 
        report compiling all such reports submitted under subsection 
        (a) with respect to that election.
            (2) Contents.--
                    (A) In general.--Each report submitted under 
                paragraph (1) shall include--
                            (i) detailed information on specific 
                        allegations;
                            (ii) statistical compilations of how many 
                        allegations were made and of what type;
                            (iii) the geographic locations of and the 
                        populations affected by the alleged violations;
                            (iv) the status of the investigations of 
                        such allegations;
                            (v) any corrective actions taken in 
                        response to such allegations;
                            (vi) the rationale used for any corrective 
                        actions or for any refusal to pursue an 
                        allegation;
                            (vii) the effectiveness of any such 
                        corrective actions;
                            (viii) whether a Voting Integrity Task 
                        Force was established with respect to such 
                        election, and, if so, how such task force was 
                        staffed and funded;
                            (ix) any referrals of information to other 
                        Federal, State, or local agencies; and
                            (x) any criminal prosecution instituted 
                        under title 18, United States Code, in 
                        connection with such allegations.
            (3) Report made public.--On the date that the Attorney 
        General submits the report under paragraph (1), the Attorney 
        General shall also make the report publicly available through 
        the Internet and other appropriate means.
    (d) Delegation of Duties.--
            (1) Use of voting integrity task force.--The Attorney 
        General shall delegate the responsibilities under this section 
        with respect to a particular election to a Voting Integrity 
        Task Force established by the Attorney General for such 
        purpose.
            (2) Composition.--A Voting Integrity Task Force established 
        under paragraph (1) shall be under the direction of the 
        Assistant Attorney General for the Civil Rights Division and 
        the Assistant Attorney General for the Criminal Division, 
        acting jointly.

                     TITLE V--DEMOCRACY RESTORATION

SEC. 501. RIGHTS OF CITIZENS.

    The right of an individual who is a citizen of the United States to 
vote in any election for Federal office shall not be denied or abridged 
because that individual has been convicted of a criminal offense unless 
such individual is serving a felony sentence in a correctional 
institution or facility at the time of the election.

SEC. 502. ENFORCEMENT.

    (a) Attorney General.--The Attorney General may, in a civil action, 
obtain such declaratory or injunctive relief as is necessary to remedy 
a violation of this title.
    (b) Private Right of Action.--
            (1) A person who is aggrieved by a violation of this title 
        may provide written notice of the violation to the chief 
        election official of the State involved.
            (2) Except as provided in paragraph (3), if the violation 
        is not corrected within 90 days after receipt of a notice under 
        paragraph (1), or within 20 days after receipt of the notice if 
        the violation occurred within 120 days before the date of an 
        election for Federal office, the aggrieved person may, in a 
        civil action, obtain declaratory or injunctive relief with 
        respect to the violation.
            (3) If the violation occurred within 30 days before the 
        date of an election for Federal office, the aggrieved person 
        need not provide notice to the chief election official of the 
        State under paragraph (1) before bringing a civil action to 
        obtain declaratory or injunctive relief with respect to the 
        violation.

SEC. 503. NOTIFICATION OF RESTORATION OF VOTING RIGHTS.

    (a) State Notification.--
            (1) Notification.--On the date determined under paragraph 
        (2), each State shall notify in writing any individual who has 
        been convicted of a criminal offense under the law of that 
        State that such individual has the right to vote in an election 
        for Federal office pursuant to this title and may register to 
        vote in any such election.
            (2) Date of notification.--
                    (A) Felony conviction.--In the case of such an 
                individual who has been convicted of a felony, the 
                notification required under paragraph (1) shall be 
                given on the date on which the individual--
                            (i) is sentenced to serve only a term of 
                        probation; or
                            (ii) is released from the custody of that 
                        State (other than to the custody of another 
                        State or the Federal Government to serve a term 
                        of imprisonment for a felony conviction).
                    (B) Misdemeanor conviction.--In the case of such an 
                individual who has been convicted of a misdemeanor, the 
                notification required under paragraph (1) shall be 
                given on the date on which such individual is sentenced 
                by a State court.
    (b) Federal Notification.--
            (1) Notification.--On the date determined under paragraph 
        (2), the Director of the Bureau of Prisons shall notify in 
        writing any individual who has been convicted of a criminal 
        offense under Federal law that such individual has the right to 
        vote in an election for Federal office pursuant to this title 
        and may register to vote in any such election.
            (2) Date of notification.--
                    (A) Felony conviction.--In the case of such an 
                individual who has been convicted of a felony, the 
                notification required under paragraph (1) shall be 
                given on the date on which the individual--
                            (i) is sentenced to serve only a term of 
                        probation by a court established by an Act of 
                        Congress; or
                            (ii) is released from the custody of the 
                        Bureau of Prisons (other than to the custody of 
                        a State to serve a term of imprisonment for a 
                        felony conviction).
                    (B) Misdemeanor conviction.--In the case of such an 
                individual who has been convicted of a misdemeanor, the 
                notification required under paragraph (1) shall be 
                given on the date on which such individual is sentenced 
                by a State court.

SEC. 504. DEFINITIONS.

    For purposes of this title:
            (1) Correctional institution or facility.--The term 
        ``correctional institution or facility'' means any prison, 
        penitentiary, jail, or other institution or facility for the 
        confinement of individuals convicted of criminal offenses, 
        whether publicly or privately operated, except that such term 
        does not include any residential community treatment center (or 
        similar public or private facility).
            (2) Election.--The term ``election'' means--
                    (A) a general, special, primary, or runoff 
                election;
                    (B) a convention or caucus of a political party 
                held to nominate a candidate;
                    (C) a primary election held for the selection of 
                delegates to a national nominating convention of a 
                political party; or
                    (D) a primary election held for the expression of a 
                preference for the nomination of persons for election 
                to the office of President.
            (3) Federal office.--The term ``Federal office'' means the 
        office of President or Vice President of the United States, or 
        of Senator or Representative in, or Delegate or Resident 
        Commissioner to, the Congress of the United States.
            (4) Probation.--The term ``probation'' means probation, 
        imposed by a Federal, State, or local court, with or without a 
        condition on the individual involved concerning--
                    (A) the individual's freedom of movement;
                    (B) the payment of damages by the individual;
                    (C) periodic reporting by the individual to an 
                officer of the court; or
                    (D) supervision of the individual by an officer of 
                the court.

SEC. 505. RELATION TO OTHER LAWS.

    (a) State Laws Relating to Voting Rights.--Nothing in this title 
shall be construed to prohibit the States from enacting any State law 
which affords the right to vote in any election for Federal office on 
terms less restrictive than those established by this title.
    (b) Certain Federal Acts.--The rights and remedies established by 
this title are in addition to all other rights and remedies provided by 
law, and neither rights and remedies established by this title shall 
supersede, restrict, or limit the application of the Voting Rights Act 
of 1965 (42 U.S.C. 1973 et seq.) or the National Voter Registration Act 
(42 U.S.C. 1973gg).

SEC. 506. FEDERAL PRISON FUNDS.

    No State, unit of local government, or other person may receive or 
use, to construct or otherwise improve a prison, jail, or other place 
of incarceration, any Federal grant amounts unless that person has in 
effect a program under which each individual incarcerated in that 
person's jurisdiction who is a citizen of the United States is 
notified, upon release from such incarceration, of that individual's 
rights under section 501.

SEC. 507. EFFECTIVE DATE.

    This title shall apply to citizens of the United States voting in 
any election for Federal office held after the date of the enactment of 
this Act.

        TITLE VI--ACCURACY, INTEGRITY, AND SECURITY OF ELECTIONS

SEC. 600. SHORT TITLE.

    This title may be cited as the ``Voter Confidence and Increased 
Accessibility Act of 2012''.

 Subtitle A--Promoting Accuracy, Integrity, and Security Through Voter-
                    Verified Permanent Paper Ballot

SEC. 601. 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 character 
                        recognition device 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. 602. 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, 2014; 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. 603. 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, 
                2016, 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 an 
                optical character recognition device or other device 
                equipped for individuals with disabilities.
            ``(12) Requirements for publication of poll tapes.--
                    ``(A) Requirements.--Each State shall meet the 
                following requirements:
                            ``(i) Upon the closing of the polls at each 
                        polling place, the appropriate election 
                        official, under the observation of the 
                        certified tabulation observers admitted to the 
                        polling place under subparagraph (E) (if any), 
                        shall announce the vote orally, post a copy of 
                        the poll tape reflecting the totals from each 
                        voting machine upon which votes were cast in 
                        the election at the polling place, and prepare 
                        and post a statement of the total number of 
                        individuals who appeared at the polling place 
                        to cast ballots, determined by reference to the 
                        number of signatures in a sign-in book or other 
                        similar independent count. Such officials shall 
                        ensure that each of the certified tabulation 
                        observers admitted to the polling place has 
                        full access to observe the process by which the 
                        poll tapes and statement are produced and a 
                        reasonable period of time to review the poll 
                        tapes and statement before the polling place is 
                        closed, and (if feasible) shall provide such 
                        observers with identical duplicate copies of 
                        the poll tapes and statement.
                            ``(ii) As soon as practicable, but in no 
                        event later than noon of the day following the 
                        date of the election, the appropriate election 
                        official shall display (at a prominent location 
                        accessible to the public during regular 
                        business hours and in or within reasonable 
                        proximity to the polling place) a copy of each 
                        poll tape and statement prepared under clause 
                        (i), and the information shall be displayed on 
                        the official public websites of the applicable 
                        local election official and chief State 
                        election official, together with the name of 
                        the designated voting official who entered the 
                        information and the date and time the 
                        information was entered.
                            ``(iii) Each website on which information 
                        is posted under clause (ii) shall include 
                        information on the procedures by which 
                        discrepancies shall be reported to election 
                        officials. If any discrepancy exists between 
                        the posted information and the relevant poll 
                        tape or statement, the appropriate election 
                        official shall display information on the 
                        discrepancy on the website on which the 
                        information is posted under clause (ii) not 
                        later than 24 hours after the official is made 
                        aware of the discrepancy, and shall maintain 
                        the information on the discrepancy and its 
                        resolution (if applicable) on such website 
                        during the entire period for which results of 
                        the election are typically maintained on such 
                        website.
                            ``(iv) The appropriate election official 
                        shall preserve archived copies of the poll 
                        tapes and statements prepared under clause (i) 
                        and reports of discrepancies filed by certified 
                        tabulation observers for the period of time 
                        during which records and papers are required to 
                        be retained and preserved pursuant to title III 
                        of the Civil Rights Act of 1960 (42 U.S.C. 1974 
                        et seq.) or for the same duration for which 
                        archived copies of other records of the 
                        election are required to be preserved under 
                        applicable State law, whichever is longer.
                    ``(B) Treatment of ballots cast at early voting 
                sites.--
                            ``(i) Application.--The requirements of 
                        this subparagraph shall apply with respect to 
                        poll tapes and statements of the number of 
                        voters who voted in person at designated sites 
                        prior to the date of the election.
                            ``(ii) Daily count of voters.--At the close 
                        of business on each day on which ballots 
                        described in clause (i) may be cast prior to 
                        the date of the election, the appropriate 
                        election official at each such site shall--
                                    ``(I) under the observation of 
                                certified tabulation observers admitted 
                                to the site under subparagraph (E) (if 
                                any), prepare and post a statement of 
                                the total number of individuals who 
                                appeared at the site to cast ballots, 
                                determined by reference to the number 
                                of signatures in a sign-in book or 
                                other similar independent count, and 
                                the total number of ballots cast 
                                (excluding information on the votes 
                                received by individual candidates), and 
                                shall ensure that each of the certified 
                                tabulation observers admitted to the 
                                site has full access to observe the 
                                process by which the statement is 
                                produced and a reasonable period of 
                                time to review the statement before the 
                                site is closed; and
                                    ``(II) display at the site during 
                                regular business hours for the duration 
                                of the early voting period a paper copy 
                                of the statement prepared under 
                                subclause (I).
                            ``(iii) Application of general requirements 
                        for poll tapes and statements.--Upon the 
                        closing of the polls on the date of the 
                        election, the appropriate election official at 
                        each designated site described in this 
                        subparagraph shall meet the requirements of 
                        subparagraph (A) (including requirements 
                        relating to the role of certified tabulation 
                        observers) in the same manner as an election 
                        official at a polling place.
                    ``(C) Treatment of absentee ballots.--
                            ``(i) Daily count of ballots mailed and 
                        received.--At the close of each business day on 
                        which a State mails or accepts absentee ballots 
                        cast in an election for Federal office prior to 
                        the date of the election, the appropriate 
                        election official shall--
                                    ``(I) under the observation of 
                                certified tabulation observers admitted 
                                under subparagraph (E) to the site at 
                                which the ballots are mailed and 
                                received (if any), prepare and post a 
                                statement of the total number of 
                                absentee ballots mailed and received by 
                                the official during that day and a 
                                separate count of the number of 
                                absentee ballots received but rejected 
                                (separated into categories of the 
                                reasons for rejection), and ensure that 
                                each of the certified tabulation 
                                observers admitted to the site has full 
                                access to observe the process by which 
                                the statement is produced and a 
                                reasonable period of time to review the 
                                statement before the site is closed; 
                                and
                                    ``(II) display at the site during 
                                regular business hours for the duration 
                                of the period during which absentee 
                                ballots are processed a paper copy of 
                                the statement prepared under subclause 
                                (I).
                            ``(ii) Application of general requirements 
                        for poll tapes and statements.--At the close of 
                        business on the last day on which absentee 
                        ballots are counted prior to the certification 
                        of the election, the appropriate election 
                        official at the site at which absentee ballots 
                        are received and counted shall meet the 
                        requirements of subparagraph (A) (including 
                        requirements relating to the role of certified 
                        tabulation observers) in the same manner as an 
                        election official at a polling place.
                    ``(D) Daily count of provisional ballots.--At the 
                close of business on the day on which the appropriate 
                election official determines whether or not provisional 
                ballots cast in an election for Federal office will be 
                counted as votes in the election (as described in 
                section 302(a)(4)), the official shall--
                            ``(i) under the observation of certified 
                        tabulation observers admitted under 
                        subparagraph (E) to the site at which the 
                        determination is made (if any), prepare and 
                        post a statement of the number of such ballots 
                        for which a determination was made, the number 
                        of ballots counted, and the number of ballots 
                        rejected (separated into categories of the 
                        reason for the rejection), and ensure that each 
                        of the certified tabulation observers admitted 
                        to the site has full access to observe the 
                        process by which the statement is produced and 
                        a reasonable period of time to review the 
                        statement before the site is closed; and
                            ``(ii) display at the site during regular 
                        business hours for the duration of the period 
                        during which provisional ballots are processed 
                        a paper copy of the statement prepared under 
                        clause (i).
                    ``(E) Admission of certified tabulation 
                observers.--
                            ``(i) Certified tabulation observer 
                        defined.--In this paragraph, a `certified 
                        tabulation observer' is an individual who is 
                        certified by an appropriate election official 
                        as authorized to carry out the responsibilities 
                        of a certified tabulation observer under this 
                        paragraph.
                            ``(ii) Selection.--In determining which 
                        individuals to certify as tabulation observers 
                        and admit to a polling place or other location 
                        to serve as certified tabulation observers with 
                        respect to an election for Federal office, the 
                        election official shall give preference to 
                        individuals who are affiliated with a candidate 
                        in the election, except that--
                                    ``(I) the number of individuals 
                                admitted who are affiliated with the 
                                same candidate for Federal office may 
                                not exceed one; and
                                    ``(II) the maximum number of 
                                individuals who may be admitted shall 
                                equal the number of candidates in the 
                                election plus 3, or such greater number 
                                as may be authorized under State law.
                            ``(iii) No effect on admission of other 
                        observers.--Nothing in this subparagraph may be 
                        construed to limit or otherwise affect the 
                        authority of other individuals to enter and 
                        observe polling place operations under any 
                        other law, including international observers 
                        authorized under any treaty or observers of the 
                        Federal Government authorized under the Voting 
                        Rights Act of 1965.
                    ``(F) No effect on other tabulation requirements.--
                Nothing in this Act may be construed to supersede any 
                requirement that an election official at a polling 
                place report vote totals to a central tabulation 
                facility and address discrepancies the official finds 
                in the aggregation of those totals with other vote 
                totals.''.
    (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, 2016.
            (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 2017 and 2018, 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. 604. 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:
            ``(5) For fiscal year 2018, 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 
                2012, 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 elections for Federal office held after 
                in November 2020, 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 2012.--
                    ``(A) In general.--In the case of the requirements 
                payment made to a State under the authorization made by 
                section 257(a)(5) for fiscal year 2018 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 2016 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 2016 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 
                        2012) 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 2012.--
            ``(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)(5) for 
        fiscal year 2018 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 2012, 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)(5)).
            ``(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 2016 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 2012 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 2020 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 2018.

SEC. 605. 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 2012 shall apply with respect to voting systems used 
                for any election for Federal office held in 2018 or any 
                succeeding year.
                    ``(B) Delay for jurisdictions using certain paper 
                record printers or certain systems using or producing 
                voter-verifiable paper records in 2016.--
                            ``(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 `2018' were a reference to 
                        `2020', 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 2012), for the 
                                administration of the regularly 
                                scheduled general election for Federal 
                                office held in November 2016; and
                                    ``(II) which will continue to use 
                                such printers or systems for the 
                                administration of elections for Federal 
                                office held in years before 2020.
                            ``(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 `any election for Federal 
                office held in 2018 or any succeeding year' were a 
                reference to `elections for Federal office occurring 
                held in 2020 or 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).''.

   Subtitle B--Requirement for Mandatory Manual Audits by Hand Count

SEC. 611. 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 alternative mechanism will achieve at 
                least a 95% confidence interval (as determined in 
                accordance with criteria set forth by the National 
                Institute of Standards and Technology) with respect to 
                the outcome of the election.
            ``(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, 2017, 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, 2017, 
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) 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 2018 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 held in 2018 or any succeeding year.''.

SEC. 612. AVAILABILITY OF ENFORCEMENT UNDER HELP AMERICA VOTE ACT OF 
              2002.

    Section 401 of the Help America Vote Act of 2002 (42 U.S.C. 15511) 
is amended by striking the period at the end and inserting the 
following: ``, or the requirements of subtitle C of title III.''.

SEC. 613. GUIDANCE ON BEST PRACTICES FOR ALTERNATIVE AUDIT MECHANISMS.

    (a) In General.--Not later than May 1, 2017, 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 611). 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. 614. CLERICAL AMENDMENT.

    The table of contents of the Help America Vote Act of 2002 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 VII--PROVISIONAL BALLOTS

SEC. 701. REQUIREMENTS FOR COUNTING PROVISIONAL BALLOTS; ESTABLISHMENT 
              OF UNIFORM AND NONDISCRIMINATORY STANDARDS.

    (a) In General.--Section 302 of the Help America Vote Act of 2002 
(42 U.S.C. 15482) is amended--
            (1) by redesignating subsection (d) as subsection (f); and
            (2) by inserting after subsection (c) the following new 
        subsections:
    ``(d) Statewide Counting of Provisional Ballots.--
            ``(1) In general.--For purposes of subsection (a)(4), 
        notwithstanding the precinct or polling place at which a 
        provisional ballot is cast within the State, the appropriate 
        election official shall count each vote on such ballot for each 
        election in which the individual who cast such ballot is 
        eligible to vote.
            ``(2) Effective date.--This subsection shall apply with 
        respect to elections held on or after January 1, 2013.
    ``(e) Uniform and Nondiscriminatory Standards.--
            ``(1) In general.--Consistent with the requirements of this 
        section, each State shall establish uniform and 
        nondiscriminatory standards for the issuance, handling, and 
        counting of provisional ballots.
            ``(2) Effective date.--This subsection shall apply with 
        respect to elections held on or after January 1, 2013.''.
    (b) Conforming Amendment.--Section 302(f) of such Act (42 U.S.C. 
15482(f)), as redesignated by subsection (a), is amended by striking 
``Each State'' and inserting ``Except as provided in subsections (d)(2) 
and (e)(2), each State''.

              TITLE VIII--EARLY VOTING AND VOTING BY MAIL

SEC. 801. EARLY VOTING AND VOTING BY MAIL.

    (a) Requirements.--Subtitle A of title III of the Help America Vote 
Act of 2002 (42 U.S.C. 15481 et seq.), as amended by section 114(a) and 
section 201(a), is amended--
            (1) by redesignating sections 306 and 307 as sections 308 
        and 309; and
            (2) by inserting after section 305 the following new 
        sections:

``SEC. 306. EARLY VOTING.

    ``(a) In General.--Each State shall allow individuals to vote in an 
election for Federal office not less than 15 days prior to the day 
scheduled for such election in the same manner as voting is allowed on 
such day.
    ``(b) Minimum Early Voting Requirements.--Each polling place which 
allows voting prior to the day of a Federal election pursuant to 
subsection (a) shall--
            ``(1) allow such voting for no less than 4 hours on each 
        day (other than Sunday); and
            ``(2) have uniform hours each day for which such voting 
        occurs.
    ``(c) Location of Polling Places Near Public Transportation.--To 
the greatest extent practicable, a State shall ensure that each polling 
place which allows voting prior to the day of a Federal election 
pursuant to subsection (a) is located within walking distance of a stop 
on a public transportation route.
    ``(d) Standards.--
            ``(1) In general.--The Commission shall issue standards for 
        the administration of voting prior to the day scheduled for a 
        Federal election. Such standards shall include the 
        nondiscriminatory geographic placement of polling places at 
        which such voting occurs.
            ``(2) Deviation.--The standards described in paragraph (1) 
        shall permit States, upon providing adequate public notice, to 
        deviate from any requirement in the case of unforeseen 
        circumstances such as a natural disaster, terrorist attack, or 
        a change in voter turnout.
    ``(e) Effective Date.--This section shall apply with respect to 
elections held on or after January 1, 2014.

``SEC. 307. PROMOTING ABILITY OF VOTERS TO VOTE BY MAIL.

    ``(a) In General.--If an individual in a State is eligible to cast 
a vote in an election for Federal office, the State may not impose any 
additional conditions or requirements on the eligibility of the 
individual to cast the vote in such election by mail, except as 
required under subsection (b) and except to the extent that the State 
imposes a deadline for requesting the ballot and related voting 
materials from the appropriate State or local election official and for 
returning the ballot to the appropriate State or local election 
official.
    ``(b) Requiring Signature Verification.--A State may not accept and 
process an absentee ballot submitted by any individual with respect to 
an election for Federal office unless the State verifies the 
identification of the individual by comparing the individual's 
signature on the absentee ballot with the individual's signature on the 
official list of registered voters in the State, in accordance with 
such procedures as the State may adopt.
    ``(c) Effective Date.--This section shall apply with respect to 
elections held on or after January 1, 2014.''.
    (b) Conforming Amendment Relating to Issuance of Voluntary Guidance 
by Election Assistance Commission.--Section 311(b) of such Act (42 
U.S.C. 15501(b)), as amended by section 201(b), is amended--
            (1) by striking ``and'' at the end of paragraph (3);
            (2) by striking the period at the end of paragraph (4) and 
        inserting a semicolon; and
            (3) by adding at the end the following new paragraphs:
            ``(5) in the case of the recommendations with respect to 
        section 306, June 30, 2013; and
            ``(6) in the case of the recommendations with respect to 
        section 307, June 30, 2013.''.
    (c) Clerical Amendment.--The table of contents of such Act is 
amended--
            (1) by redesignating the items relating to sections 306 and 
        307 as relating to sections 308 and 309; and
            (2) by inserting after the item relating to section 305 the 
        following new items:

``Sec. 306. Early voting.
``Sec. 307. Promoting ability of voters to vote by mail.''.

     TITLE IX--ABSENT UNIFORMED SERVICES VOTERS AND OVERSEAS VOTERS

SEC. 901. EXTENDING GUARANTEE OF RESIDENCY FOR VOTING PURPOSES TO 
              FAMILY MEMBERS OF ABSENT MILITARY PERSONNEL.

    Section 705 of the Servicemembers Civil Relief Act (50 U.S.C. App. 
595) is amended--
            (1) in the heading, by striking ``spouses'' and inserting 
        ``family members''; and
            (2) by amending subsection (b) to read as follows:
    ``(b) Family Members.--For the purposes of voting for in any 
election for any Federal office (as defined in section 301 of the 
Federal Election Campaign Act of 1971 (2 U.S.C. 431)) or any State or 
local office, a spouse, domestic partner, or dependent of a person who 
is absent from a State in compliance with military or naval orders 
shall not, solely by reason of that person's absence and without regard 
to whether or not such family member is accompanying that person--
            ``(1) be deemed to have lost a residence or domicile in 
        that State, without regard to whether or not the person intends 
        to return to that State;
            ``(2) be deemed to have acquired a residence or domicile in 
        any other State; or
            ``(3) be deemed to have become a resident in or a resident 
        of any other State.''.

SEC. 902. PRE-ELECTION REPORTS ON AVAILABILITY AND TRANSMISSION OF 
              ABSENTEE BALLOTS.

    Section 102(c) of the Uniformed and Overseas Citizens Absentee 
Voting Act (42 U.S.C. 1973ff-1(c)) is amended to read as follows:
    ``(c) Reports on Availability, Transmission, and Receipt of 
Absentee Ballots.--
            ``(1) Pre-election report on absentee ballot 
        availability.--Not later than 55 days before any regularly 
        scheduled general election for Federal office, each State shall 
        submit a report to the Attorney General, the Election 
        Assistance Commission (hereafter in this subsection referred to 
        as the `Commission'), and the Presidential Designee, and make 
        that report publicly available that same day, certifying that 
        absentee ballots for the election are or will be available for 
        transmission to absent uniformed services voters and overseas 
        voters by not later than 45 days before the election. The 
        report shall be in a form prescribed jointly by the Attorney 
        General and the Commission and shall require the State to 
        certify specific information about ballot availability from 
        each unit of local government which will administer the 
        election.
            ``(2) Pre-election report on absentee ballot 
        transmission.--Not later than 43 days before any regularly 
        scheduled general election for Federal office, each State shall 
        submit a report to the Attorney General, the Commission, and 
        the Presidential Designee, and make that report publicly 
        available that same day, certifying whether all absentee 
        ballots have been transmitted by not later than 45 days before 
        the election to all qualified absent uniformed services and 
        overseas voters whose requests were received at least 45 days 
        before the election. The report shall be in a form prescribed 
        jointly by the Attorney General and the Commission, and shall 
        require the State to certify specific information about ballot 
        transmission, including the total numbers of ballot requests 
        received and ballots transmitted, from each unit of local 
        government which will administer the election.
            ``(3) Post-election report on number of absentee ballots 
        transmitted and received.--Not later than 90 days after the 
        date of each regularly scheduled general election for Federal 
        office, each State and unit of local government which 
        administered the election shall (through the State, in the case 
        of a unit of local government) submit a report to the Attorney 
        General, the Commission, and the Presidential Designee on the 
        combined number of absentee ballots transmitted to absent 
        uniformed services voters and overseas voters for the election 
        and the combined number of such ballots which were returned by 
        such voters and cast in the election, and shall make such 
        report available to the general public that same day.''.

SEC. 903. ENFORCEMENT.

    (a) Availability of Civil Penalties and Private Rights of Action.--
Section 105 of the Uniformed and Overseas Citizens Absentee Voting Act 
(42 U.S.C. 1973ff-4) is amended to read as follows:

``SEC. 105. ENFORCEMENT.

    ``(a) Action by Attorney General.--
            ``(1) In general.--The Attorney General may bring civil 
        action in an appropriate district court for such declaratory or 
        injunctive relief as may be necessary to carry out this title.
            ``(2) Penalty.--In a civil action brought under paragraph 
        (1), if the court finds that the State violated any provision 
        of this title, it may, to vindicate the public interest, assess 
        a civil penalty against the State--
                    ``(A) in an amount not to exceed $110,000 for each 
                such violation, in the case of a first violation; or
                    ``(B) in an amount not to exceed $220,000 for each 
                such violation, for any subsequent violation.
            ``(3) Report to congress.--Not later than December 31 of 
        each year, the Attorney General shall submit to Congress an 
        annual report on any civil action brought under paragraph (1) 
        during the preceding year.
    ``(b) Private Right of Action.--A person who is aggrieved by a 
State's violation of this title may bring a civil action in an 
appropriate district court for such declaratory or injunctive relief as 
may be necessary to carry out this title.
    ``(c) State as Only Necessary Defendant.--In any action brought 
under this section, the only necessary party defendant is the State, 
and it shall not be a defense to any such action that a local election 
official or a unit of local government is not named as a defendant, 
notwithstanding that a State has exercised the authority described in 
section 576 of the Military and Overseas Voter Empowerment Act to 
delegate to another jurisdiction in the State any duty or 
responsibility which is the subject of an action brought under this 
section.''.
    (b) Effective Date.--The amendments made by this section shall 
apply with respect to violations alleged to have occurred on or after 
the date of the enactment of this Act.

SEC. 904. REVISIONS TO 45-DAY ABSENTEE BALLOT TRANSMISSION RULE.

    (a) Repeal of Waiver Authority.--
            (1) In general.--Section 102 of the Uniformed and Overseas 
        Citizens Absentee Voting Act (42 U.S.C. 1973ff-1) is amended by 
        striking subsection (g).
            (2) Conforming amendment.--Section 102(a)(8)(A) of such Act 
        (42 U.S.C. 1973ff-1(a)(8)(A)) is amended by striking ``except 
        as provided in subsection (g),''.
    (b) Requiring Use of Express Delivery in Case of Failure To Meet 
Requirement.--Section 102 of such Act (42 U.S.C. 1973ff-1), as amended 
by subsection (a), is amended by inserting after subsection (f) the 
following new subsection:
    ``(g) Requiring Use of Express Delivery in Case of Failure To 
Transmit Ballots Within Deadlines.--
            ``(1) Transmission of ballot by express delivery.--If a 
        State fails to meet the requirement of subsection (a)(8)(A) to 
        transmit a validly requested absentee ballot to an absent 
        uniformed services voter or overseas voter not later than 45 
        days before the election (in the case in which the request is 
        received at least 45 days before the election)--
                    ``(A) the State shall transmit the ballot to the 
                voter by express delivery; or
                    ``(B) in the case of a voter who has designated 
                that absentee ballots be transmitted electronically in 
                accordance with subsection (f)(1), the State shall 
                transmit the ballot to the voter electronically.
            ``(2) Special rule for transmission fewer than 40 days 
        before the election.--If, in carrying out paragraph (1), a 
        State transmits an absentee ballot to an absent uniformed 
        services voter or overseas voter fewer than 40 days before the 
        election, the State shall enable the ballot to be returned by 
        the voter by express delivery, except that in the case of an 
        absentee ballot of an absent uniformed services voter for a 
        regularly scheduled general election for Federal office, the 
        State may satisfy the requirement of this paragraph by 
        notifying the voter of the procedures for the collection and 
        delivery of such ballots under section 103A.''.
    (c) Clarification of Treatment of Weekends.--Section 102(a)(8)(A) 
of such Act (42 U.S.C. 1973ff-1(a)(8)(A)) is amended by striking ``the 
election;'' and inserting the following: ``the election (or, if the 
45th day preceding the election is a weekend or legal public holiday, 
not later than the most recent weekday which precedes such 45th day and 
which is not a legal public holiday, but only if the request is 
received by at least such most recent weekday);''.

SEC. 905. USE OF SINGLE ABSENTEE BALLOT APPLICATION FOR SUBSEQUENT 
              ELECTIONS.

    (a) In General.--Section 104 of the Uniformed and Overseas Citizens 
Absentee Voting Act (42 U.S.C. 1973ff-3) is amended to read as follows:

``SEC. 104. USE OF SINGLE APPLICATION FOR SUBSEQUENT ELECTIONS.

    ``(a) In General.--If a State accepts and processes an official 
post card form (prescribed under section 101) submitted by an absent 
uniformed services voter or overseas voter for simultaneous voter 
registration and absentee ballot application (in accordance with 
section 102(a)(4)) and the voter requests that the application be 
considered an application for an absentee ballot for each subsequent 
election for Federal office held in the State through the next 
regularly scheduled general election for Federal office (including any 
runoff elections which may occur as a result of the outcome of such 
general election), the State shall provide an absentee ballot to the 
voter for each such subsequent election.
    ``(b) Exception for Voters Changing Registration.--Subsection (a) 
shall not apply with respect to a voter registered to vote in a State 
for any election held after the voter notifies the State that the voter 
no longer wishes to be registered to vote in the State or after the 
State determines that the voter has registered to vote in another State 
or is otherwise no longer eligible to vote in the State.
    ``(c) Prohibition of Refusal of Application on Grounds of Early 
Submission.--A State may not refuse to accept or to process, with 
respect to any election for Federal office, any otherwise valid voter 
registration application or absentee ballot application (including the 
postcard form prescribed under section 101) submitted by an absent 
uniformed services voter or overseas voter on the grounds that the 
voter submitted the application before the first date on which the 
State otherwise accepts or processes such applications for that 
election which are submitted by absentee voters who are not members of 
the uniformed services or overseas citizens.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply with respect to voter registration and absentee ballot 
applications which are submitted to a State or local election official 
on or after the date of the enactment of this Act.

SEC. 906. APPLICATION OF UOCAVA TO COMMONWEALTH OF NORTHERN MARIANA 
              ISLANDS.

    Section 107(6) of the Uniformed and Overseas Citizens Absentee 
Voting Act (42 U.S.C. 1973 ff-6(6)) is amended by striking ``and 
American Samoa'' and inserting ``American Samoa, and the Commonwealth 
of the Northern Mariana Islands''.

SEC. 907. EFFECTIVE DATE.

    The amendments made by this title shall apply with respect to 
elections occurring on or after January 1, 2014.

             TITLE X--POLL WORKER RECRUITMENT AND TRAINING

SEC. 1001. LEAVE TO SERVE AS A POLL WORKER FOR FEDERAL EMPLOYEES.

    (a) In General.--Subchapter II of chapter 63 of title 5, United 
States Code, is amended by adding at the end the following:
``Sec. 6329. Absence in connection with serving as a poll worker
    ``(a) In General.--An employee in or under an Executive agency is 
entitled to leave, without loss of or reduction in pay, leave to which 
otherwise entitled, credit for time or service, or performance or 
efficiency rating, not to exceed 6 days in a leave year, in order--
            ``(1) to provide election administration assistance to a 
        State or unit of local government at a polling place on the 
        date of any election for public office; or
            ``(2) to receive any training without which such employee 
        would be ineligible to provide such assistance.
    ``(b) Regulations.--The Director of the Office of Personnel 
Management may prescribe regulations for the administration of this 
section, including regulations setting forth the terms and conditions 
of the election administration assistance an employee may provide for 
purposes of subsection (a).''.
    (b) Clerical Amendment.--The table of sections for chapter 63 of 
title 5, United States Code, is amended by inserting after the item 
relating to section 6328 the following:

``6329. Absence in connection with serving as a poll worker.''.

SEC. 1002. GRANTS TO STATES FOR POLL WORKER RECRUITMENT AND TRAINING.

    (a) Grants by Election Assistance Commission.--
            (1) In general.--The Election Assistance Commission 
        (hereafter referred to as the ``Commission'') shall make a 
        grant to each eligible State for recruiting and training 
        individuals to serve as nonpartisan poll workers on dates of 
        elections for public office.
            (2) Use of commission materials.--In carrying out 
        activities with a grant provided under this section, the 
        recipient of the grant shall use the manual prepared by the 
        Commission on successful practices for poll worker recruiting, 
        training and retention as an interactive training tool, and 
        shall develop training programs with the participation and 
        input of experts in adult learning.
    (b) Requirements for Eligibility.--
            (1) Application.--Each State that desires to receive a 
        payment under this section shall submit an application for the 
        payment to the Commission at such time and in such manner and 
        containing such information as the Commission shall require.
            (2) Contents of application.--Each application submitted 
        under paragraph (1) shall--
                    (A) describe the activities for which assistance 
                under this section is sought;
                    (B) provide assurances that the funds provided 
                under this section will be used to supplement and not 
                supplant other funds used to carry out the activities;
                    (C) provide assurances that the State will furnish 
                the Commission with information on the number of 
                individuals who served as nonpartisan poll workers 
                after recruitment and training with the funds provided 
                under this section; and
                    (D) provide such additional information and 
                certifications as the Commission determines to be 
                essential to ensure compliance with the requirements of 
                this section.
    (c) Amount of Grant.--
            (1) In general.--The amount of a grant made to a State 
        under this section shall be equal to the product of--
                    (A) the aggregate amount made available for grants 
                to States under this section; and
                    (B) the voting age population percentage for the 
                State.
            (2) Voting age population percentage defined.--In paragraph 
        (1), the ``voting age population percentage'' for a State is 
        the quotient of--
                    (A) the voting age population of the State (as 
                determined on the basis of the most recent information 
                available from the Bureau of the Census); and
                    (B) the total voting age population of all States 
                (as determined on the basis of the most recent 
                information available from the Bureau of the Census).
    (d) Reports to Congress.--
            (1) Reports by recipients of grants.--Not later than 6 
        months after the date on which the final grant is made under 
        this section, each recipient of a grant shall submit a report 
        to the Commission on the activities conducted with the funds 
        provided by the grant.
            (2) Reports by commission.--Not later than 1 year after the 
        date on which the final grant is made under this section, the 
        Commission shall submit a report to Congress on the grants made 
        under this section and the activities carried out by recipients 
        with the grants, and shall include in the report such 
        recommendations as the Commission considers appropriate.
    (e) Funding.--
            (1) Continuing availability of amount appropriated.--Any 
        amount appropriated to carry out this section shall remain 
        available without fiscal year limitation until expended.
            (2) Administrative expenses.--Of the amount appropriated 
        for any fiscal year to carry out this section, not more than 3 
        percent shall be available for administrative expenses of the 
        Commission.

SEC. 1003. MODEL POLL WORKER TRAINING PROGRAM.

    (a) Development of Program by Election Assistance Commission.--Not 
later than 1 year after the date of the enactment of this Act, the 
Election Assistance Commission shall develop and provide to each State 
materials for a model poll worker training program which the State may 
use to train individuals to serve as poll workers in elections for 
Federal office.
    (b) Contents of Materials.--The materials for the model poll worker 
training program developed under this section shall include materials 
to provide training with respect to the following:
            (1) The relevant provisions of the Federal laws which apply 
        to the administration of elections for Federal office in the 
        State, including the Voting Rights Act of 1965 and the Help 
        America Vote Act of 2002.
            (2) The provision of access to voting to individuals with 
        disabilities in a manner which preserves the dignity and 
        privacy of such individuals.
            (3) The provision of access to voting to individuals with 
        limited English language proficiency, and to individuals who 
        are members or racial or ethnic minorities, consistent with the 
        protections provided for such individuals under relevant law, 
        in a manner which preserves the dignity of such individuals.
            (4) Practical experience in the use of the voting machines 
        which will be used in the election involved, including the 
        accessibility features of such machines.
            (5) Such other election administration subjects as the 
        Commission considers appropriate to ensure that poll workers 
        are able to effectively assist with the administration of 
        elections for Federal office.

SEC. 1004. STATE DEFINED.

    In this title, the term ``State'' includes the District of 
Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, and 
the United States Virgin Islands.

                  TITLE XI--ENHANCEMENT OF ENFORCEMENT

SEC. 1101. ENHANCEMENT OF ENFORCEMENT OF HELP AMERICA VOTE ACT OF 2002.

    (a) Complaints; Availability of Private Right of Action.--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 subtitle A or subtitle C of title III 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 
subtitles A or C 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 subtitle A of title III, or the 
requirements of subtitle C of title III.
    ``(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.''.
    (b) Effective Date.--The amendments made by this section shall 
apply with respect to violations occurring with respect to elections 
for Federal office held in 2014 or any succeeding year.

                 TITLE XII--FEDERAL ELECTION INTEGRITY

SEC. 1201. PROHIBITION ON CAMPAIGN ACTIVITIES BY CHIEF STATE ELECTION 
              ADMINISTRATION OFFICIALS.

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

 ``campaign activities by chief state election administration officials

    ``Sec. 319A.  (a) Prohibition.--It shall be unlawful for a chief 
State election administration official to take an active part in 
political management or in a political campaign with respect to any 
election for Federal office over which such official has supervisory 
authority.
    ``(b) Chief State Election Administration Official.--The term 
`chief State election administration official' means the highest State 
official with responsibility for the administration of Federal 
elections under State law.
    ``(c) Active Part in Political Management or in a Political 
Campaign.--The term `active part in political management or in a 
political campaign' means--
            ``(1) serving as a member of an authorized committee of a 
        candidate for Federal office;
            ``(2) the use of official authority or influence for the 
        purpose of interfering with or affecting the result of an 
        election for Federal office;
            ``(3) the solicitation, acceptance, or receipt of a 
        contribution from any person on behalf of a candidate for 
        Federal office; and
            ``(4) any other act which would be prohibited under 
        paragraph (2) or (3) of section 7323(b) of title 5, United 
        States Code, if taken by an individual to whom such paragraph 
        applies (other than any prohibition on running for public 
        office).
    ``(d) Exception for Campaigns of Official or Immediate Family 
Members.--
            ``(1) In general.--This section does not apply to a chief 
        State election administration official with respect to an 
        election for Federal office in which the official or an 
        immediate family member of the official is a candidate.
            ``(2) Immediate family member defined.--In paragraph (1), 
        the term `immediate family member' means, with respect to a 
        candidate, a father, mother, son, daughter, brother, sister, 
        husband, wife, father-in-law, or mother-in-law.''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
apply with respect to elections for Federal office held after December 
2012.

         TITLE XIII--OTHER ELECTION ADMINISTRATION IMPROVEMENTS

SEC. 1301. TREATMENT OF UNIVERSITIES AS VOTER REGISTRATION AGENCIES.

    (a) In General.--Section 7(a) of the National Voter Registration 
Act of 1993 (42 U.S.C. 1973gg-5(a)) is amended--
            (1) in paragraph (2)--
                    (A) by striking ``and'' at the end of subparagraph 
                (A);
                    (B) by striking the period at the end of 
                subparagraph (B) and inserting ``; and''; and
                    (C) by adding at the end the following new 
                subparagraph:
                    ``(C) each institution of higher education (as 
                defined in section 101 of the Higher Education Act of 
                1965 (20 U.S.C. 1001)) in the State that receives 
                Federal funds.''; and
            (2) in paragraph (6)(A), by inserting ``or, in the case of 
        an institution of higher education, with each registration of a 
        student for enrollment in a course of study'' after 
        ``assistance,''.
    (b) Amendment to Higher Education Act of 1965.--Section 487(a) of 
the Higher Education Act of 1965 (20 U.S.C. 1094(a)) is amended by 
striking paragraph (23).
    (c) Effective Date.--The amendments made by this section shall 
apply with respect to elections held on or after January 1, 2014.

SEC. 1302. MINIMUM NOTIFICATION REQUIREMENTS FOR VOTERS AFFECTED BY 
              POLLING PLACE CHANGES.

    (a) Requirements.--Section 302 of the Help America Vote Act of 2002 
(42 U.S.C. 15482), as amended by section 701(a), is amended--
            (1) by redesignating subsection (f) as subsection (g); and
            (2) by inserting after subsection (e) the following new 
        subsection:
    ``(f) Minimum Notification Requirements for Voters Affected by 
Polling Place Changes.--
            ``(1) In general.--If a State assigns an individual who is 
        a registered voter in a State to a polling place with respect 
        to an election for Federal office which is not the same polling 
        place to which the individual was previously assigned with 
        respect to the most recent election for Federal office in the 
        State in which the individual was eligible to vote--
                    ``(A) the State shall notify the individual of the 
                location of the polling place not later than 7 days 
                before the date of the election; or
                    ``(B) if the State makes such an assignment fewer 
                than 7 days before the date of the election and the 
                individual appears on the date of the election at the 
                polling place to which the individual was previously 
                assigned, the State shall make every reasonable effort 
                to enable the individual to vote on the date of the 
                election.
            ``(2) Effective date.--This subsection shall apply with 
        respect to elections held on or after January 1, 2013.''.
    (b) Conforming Amendment.--Section 302(f) of such Act (42 U.S.C. 
15482(f)), as redesignated by subsection (a) and as amended by section 
701(b), is amended by striking ``(d)(2) and (e)(2)'' and inserting 
``(d)(2), (e)(2), and (f)(2)''.

SEC. 1303. VOTER INFORMATION RESPONSE SYSTEMS AND HOTLINE.

    (a) Establishment and Operation of Systems and Services.--
            (1) State-based response systems.--The Attorney General 
        shall coordinate the establishment of a State-based response 
        system for responding to questions and complaints from 
        individuals voting or seeking to vote, or registering to vote 
        or seeking to register to vote, in elections for Federal 
        office. Such system shall provide--
                    (A) State-specific, same-day, and immediate 
                assistance to such individuals, including information 
                on how to register to vote, the location and hours of 
                operation of polling places, and how to obtain absentee 
                ballots; and
                    (B) State-specific, same-day, and immediate 
                assistance to individuals encountering problems with 
                registering to vote or voting, including individuals 
                encountering intimidation or deceptive practices.
            (2) Hotline.--The Attorney General, in consultation with 
        State election officials, shall establish and operate a toll-
        free telephone service, using a telephone number that is 
        accessible throughout the United States and that uses easily 
        identifiable numerals, through which individuals throughout the 
        United States--
                    (A) may connect directly to the State-based 
                response system described in paragraph (1) with respect 
                to the State involved;
                    (B) may obtain information on voting in elections 
                for Federal office, including information on how to 
                register to vote in such elections, the locations and 
                hours of operation of polling places, and how to obtain 
                absentee ballots; and
                    (C) may report information to the Attorney General 
                on problems encountered in registering to vote or 
                voting, including incidences of voter intimidation or 
                suppression.
            (3) Collaboration with state and local election 
        officials.--
                    (A) Collection of information from states.--The 
                Attorney General shall coordinate the collection of 
                information on State and local election laws and 
                policies, including information on the Statewide 
                computerized voter registration lists maintained under 
                title III of the Help America Vote Act of 2002, so that 
                individuals who contact the free telephone service 
                established under paragraph (2) on the date of an 
                election for Federal office may receive an immediate 
                response on that day.
                    (B) Forwarding questions and complaints to 
                states.--If an individual contacts the free telephone 
                service established under paragraph (2) on the date of 
                an election for Federal office with a question or 
                complaint with respect to a particular State or 
                jurisdiction within a State, the Attorney General shall 
                forward the question or complaint immediately to the 
                appropriate election official of the State or 
                jurisdiction so that the official may answer the 
                question or remedy the complaint on that date.
    (b) Use of Service by Individuals With Disabilities and Individuals 
With Limited English Language Proficiency.--The Attorney General shall 
design and operate the telephone service established under this section 
in a manner that ensures that individuals with disabilities and 
individuals with limited proficiency in the English language are fully 
able to use the service.
    (c) Voter Hotline Task Force.--
            (1) Appointment by attorney general.--The Attorney General 
        shall appoint individuals (in such number as the Attorney 
        General considers appropriate but in no event fewer than 3) to 
        serve on a Voter Hotline Task Force to provide ongoing analysis 
        and assessment of the operation of the telephone service 
        established under this section, and shall give special 
        consideration in making appointments to the Task Force to 
        individuals who represent civil rights organizations. At least 
        one member of the Task Force shall be a representative of an 
        organization promoting voting rights or civil rights which has 
        experience in the operation of similar telephone services or in 
        protecting the rights of individuals to vote, especially 
        individuals who are members or racial minorities or of 
        communities who have been adversely affected by efforts to 
        suppress voting rights.
            (2) Eligibility.--An individual shall be eligible to serve 
        on the Task Force under this subsection if the individual meets 
        such criteria as the Attorney General may establish, except 
        that an individual may not serve on the task force if the 
        individual has been convicted of any criminal offense relating 
        to voter intimidation or voter suppression.
            (3) Term of service.--An individual appointed to the Task 
        Force shall serve a single term of 2 years, except that the 
        initial terms of the members first appointed to the Task Force 
        shall be staggered so that there are at least 3 individuals 
        serving on the Task Force during each year. A vacancy in the 
        membership of the Task Force shall be filled in the same manner 
        as the original appointment.
            (4) No compensation for service.--Members of the Task Force 
        shall serve without pay, but shall receive travel expenses, 
        including per diem in lieu of subsistence, in accordance with 
        applicable provisions under subchapter I of chapter 57 of title 
        5, United States Code.
    (d) Bi-Annual Report to Congress.--Not later than March 1 of each 
odd-numbered year, the Attorney General shall submit a report to 
Congress on the operation of the telephone service established under 
this section during the previous 2 years, and shall include in the 
report--
            (1) an enumeration of the number and type of calls that 
        were received by the service;
            (2) a compilation and description of the reports made to 
        the service by individuals citing instances of voter 
        intimidation or suppression;
            (3) an assessment of the effectiveness of the service in 
        making information available to all households in the United 
        States with telephone service;
            (4) any recommendations developed by the Task Force 
        established under subsection (c) with respect to how voting 
        systems may be maintained or upgraded to better accommodate 
        voters and better ensure the integrity of elections, including 
        but not limited to identifying how to eliminate coordinated 
        voter suppression efforts and how to establish effective 
        mechanisms for distributing updates on changes to voting 
        requirements; and
            (5) any recommendations on best practices for the State-
        based response systems established under subsection (a)(1).
    (e) Authorization of Appropriations.--
            (1) Authorization.--There are authorized to be appropriated 
        to the Attorney General for fiscal year 2012 and each 
        succeeding fiscal year such sums as may be necessary to carry 
        out this section.
            (2) Set-aside for outreach.--Of the amounts appropriated to 
        carry out this Act for a fiscal year pursuant to the 
        authorization under paragraph (1), not less than 15% shall be 
        used for outreach activities to make the public aware of the 
        availability of the telephone service established under this 
        section, with an emphasis on outreach to individuals with 
        disabilities and individuals with limited proficiency in the 
        English language.

SEC. 1304. REAUTHORIZATION OF ELECTION ASSISTANCE COMMISSION.

    Section 210 of the Help America Vote Act of 2002 (42 U.S.C. 15330) 
is amended by striking ``for each of the fiscal years 2003 through 
2005'' and inserting ``for each of the fiscal years 2012 through 
2016''.

SEC. 1305. REPEAL OF EXEMPTION OF ELECTION ASSISTANCE COMMISSION FROM 
              CERTAIN GOVERNMENT CONTRACTING REQUIREMENTS.

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

SEC. 1306. NO EFFECT ON OTHER LAWS.

    (a) In General.--Except as specifically provided, nothing in this 
Act may be construed to authorize or require conduct prohibited under 
any of the following laws, or to supersede, restrict, or limit the 
application of such laws:
            (1) The Voting Rights Act of 1965 (42 U.S.C. 1973 et seq.).
            (2) The Voting Accessibility for the Elderly and 
        Handicapped Act (42 U.S.C. 1973ee et seq.).
            (3) The Uniformed and Overseas Citizens Absentee Voting Act 
        (42 U.S.C. 1973ff et seq.).
            (4) The National Voter Registration Act of 1993 (42 U.S.C. 
        1973gg et seq.).
            (5) The Americans with Disabilities Act of 1990 (42 U.S.C. 
        12101 et seq.).
            (6) The Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.).
    (b) No Effect on Preclearance or Other Requirements Under Voting 
Rights Act.--The approval by any person of a payment or grant 
application under this Act, or any other action taken by any person 
under this Act, shall not be considered to have any effect on 
requirements for preclearance under section 5 of the Voting Rights Act 
of 1965 (42 U.S.C. 1973c) or any other requirements of such Act.
                                 <all>