[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6072 Introduced in House (IH)]

<DOC>






114th CONGRESS
  2d Session
                                H. R. 6072

    To amend the Help America Vote Act of 2002 to promote accuracy, 
integrity, and security in the administration of elections for Federal 
                    office, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 20, 2016

Mr. Johnson of Georgia (for himself, Mr. Cicilline, Mr. David Scott of 
    Georgia, Mr. Serrano, Mr. Honda, Mr. Conyers, and Mr. Bishop of 
   Georgia) introduced the following bill; which was referred to the 
Committee on House Administration, and in addition to the Committees on 
 Science, Space, and Technology, and the Judiciary, for a period to be 
subsequently determined by the Speaker, in each case for consideration 
  of such provisions as fall within the jurisdiction of the committee 
                               concerned

_______________________________________________________________________

                                 A BILL


 
    To amend the Help America Vote Act of 2002 to promote accuracy, 
integrity, and security in the administration of 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 ``Election Integrity 
Act of 2016''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
            TITLE I--INTEGRITY OF VOTING SYSTEMS AND BALLOTS

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

Sec. 101. Moratorium on acquisition of certain direct recording 
                            electronic voting systems and certain other 
                            voting systems.
Sec. 102. Paper ballot and manual counting requirements.
Sec. 103. Accessibility and ballot verification for individuals with 
                            disabilities.
           Subtitle B--Additional Voting System Requirements

Sec. 111. Additional voting system requirements.
                          Subtitle C--Funding

Sec. 121. Availability of additional funding to enable States to meet 
                            costs of revised requirements.
Sec. 122. Grants for development of compliant systems.
                       Subtitle D--Effective Date

Sec. 131. Effective date for new requirements.
    TITLE II--REQUIREMENT FOR MANDATORY MANUAL AUDITS BY HAND COUNT

Sec. 201. Mandatory manual audits.
                 ``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.
Sec. 202. Availability of enforcement under Help America Vote Act of 
                            2002.
Sec. 203. Guidance on best practices for alternative audit mechanisms.
Sec. 204. Clerical amendment.
       TITLE III--OTHER REFORMS TO PROMOTE INTEGRITY OF ELECTIONS

            Subtitle A--Integrity of Election Administration

Sec. 301. Prohibition on campaign activities by chief State election 
                            administration officials.
Sec. 302. Mandatory training for poll workers.
Sec. 303. Due process requirements for individuals proposed to be 
                            removed from list of eligible voters.
Sec. 304. Mandatory response by Attorney General to allegations of 
                            voter intimidation or suppression by law 
                            enforcement officers and other government 
                            officials.
                Subtitle B--Removing Barriers to Voting

Sec. 311. Requirements for counting provisional ballots; establishment 
                            of uniform and nondiscriminatory standards.
Sec. 312. Prohibiting imposition of conditions on voting by mail.
Sec. 313. Mandatory availability of early voting.
Sec. 314. Requirements for availability of sufficient polling places, 
                            equipment, and resources.
    TITLE IV--RULEMAKING AUTHORITY OF ELECTION ASSISTANCE COMMISSION

Sec. 401. Permitting Election Assistance Commission to exercise 
                            rulemaking authority.

            TITLE I--INTEGRITY OF VOTING SYSTEMS AND BALLOTS

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

SEC. 101. MORATORIUM ON ACQUISITION OF CERTAIN DIRECT RECORDING 
              ELECTRONIC VOTING SYSTEMS AND CERTAIN OTHER VOTING 
              SYSTEMS.

    Section 301 of the Help America Vote Act of 2002 (52 U.S.C. 21081) 
is amended--
            (1) by redesignating subsections (c) and (d) as subsections 
        (d) and (e); and
            (2) by inserting after subsection (b) the following new 
        subsection:
    ``(c) Moratorium on Acquisition of Certain Direct Recording 
Electronic Voting Systems and Certain Other Voting Systems.--Beginning 
on the date of the enactment of the Election Integrity Act of 2016, no 
State or jurisdiction may purchase or otherwise acquire for use in an 
election for Federal office a direct recording electronic voting system 
or other electronic voting system that does not produce a voter-
verified paper record as required by section 301(a)(2) (as amended by 
such Act).''.

SEC. 102. PAPER BALLOT AND MANUAL COUNTING REQUIREMENTS.

    (a) In General.--Section 301(a)(2) of the Help America Vote Act of 
2002 (52 U.S.C. 21081(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 (52 U.S.C. 
21081(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 (52 
U.S.C. 21081(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. 103. ACCESSIBILITY AND BALLOT VERIFICATION FOR INDIVIDUALS WITH 
              DISABILITIES.

    (a) In General.--Section 301(a)(3)(B) of the Help America Vote Act 
of 2002 (52 U.S.C. 21081(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 (52 U.S.C. 21081 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 
        nonelectronic 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, 2018; 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 nonproprietary 
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 is 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 of 2002 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 (52 U.S.C. 21062(a)) is 
amended by striking ``; except that'' and all that follows and 
inserting a period.

           Subtitle B--Additional Voting System Requirements

SEC. 111. ADDITIONAL VOTING SYSTEM REQUIREMENTS.

    (a) Requirements Described.--Section 301(a) of the Help America 
Vote Act of 2002 (52 U.S.C. 21081(a)) is amended by adding at the end 
the following new paragraphs:
            ``(7) Requiring availability of paper ballots in case of 
        emergency.--
                    ``(A) In general.--In the event of a failure of 
                voting equipment or other circumstance at a polling 
                place in an election for Federal office that causes an 
                unreasonable delay, the appropriate election official 
                at the polling place shall--
                            ``(i) immediately advise any individual who 
                        is waiting at the polling place to cast a 
                        ballot in the election at the time of the 
                        failure that the individual has the right to 
                        use an emergency paper ballot; and
                            ``(ii) upon the individual's request, 
                        provide the individual with an emergency paper 
                        ballot for the election and the supplies 
                        necessary to mark the ballot.
                    ``(B) Treatment of ballots.--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.
            ``(8) 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 postelection 
                        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 
                                prebuild, build environment, and any 
                                file signatures to validate that it is 
                                unmodified.
                                    ``(III) A complete disk image of 
                                the postbuild, 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 2015 voluntary 
                        voting system guidelines adopted by the 
                        Commission under section 222.
            ``(9) Prohibition of use of wireless communications devices 
        in systems or devices.--No system or device upon which ballots 
        are marked or votes are cast or tabulated shall contain, use, 
        or be accessible by any wireless, powerline, 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.
            ``(10) 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) Prohibiting acceptance of ballots transmitted 
                online.--The voting system may not accept any voted 
                ballot which is transmitted to an election official 
                online.
                    ``(C) 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.
            ``(11) 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 (8).
                            ``(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, 
                2018, 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.
            ``(12) 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.
            ``(13) 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 Web sites 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 Web site 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 Web site 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 Web site 
                        during the entire period for which results of 
                        the election are typically maintained on such 
                        Web site.
                            ``(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 (52 U.S.C. 
        20971(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 (52 
        U.S.C. 20971) 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, 2018.
            (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 (52 U.S.C. 21001 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 nonproprietary 
and shall be made available to the public, including to manufacturers 
of voting systems.
    ``(d) Authorization of Appropriations.--There is 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.''.

                          Subtitle C--Funding

SEC. 121. 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 (52 
U.S.C. 21007(a)) is amended by adding at the end the following new 
paragraph:
            ``(5) For each of the fiscal years 2017 and 2018, 
        $600,000,000, except that any funds provided under the 
        authorization made by this paragraph shall be used by a State 
        only to meet the requirements of title III which are first 
        imposed on the State pursuant to the amendments made by title I 
        of the Election Integrity Act of 2016, or to otherwise modify 
        or replace its voting systems in response to such 
        amendments.''.
    (b) Use of Revised Formula for Allocation of Funds.--Section 252(b) 
of such Act (52 U.S.C. 21002(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 election integrity act of 2016.--
                    ``(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 years 2017 or 2018, 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)(12)(A)), as amended or added by the 
                        Election Integrity Act of 2016) 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 (52 U.S.C. 21003) 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 Election Integrity Act of 2016.--
            ``(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 years 2017 or 2018 if, not later than 90 days after the 
        date of the enactment of the Election Integrity Act of 2016, 
        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 (52 U.S.C. 21001(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 Election Integrity Act of 2016 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 2018 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 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 paragraph (1).

SEC. 122. GRANTS FOR DEVELOPMENT OF COMPLIANT SYSTEMS.

    (a) Establishment of Grant Program.--
            (1) Grants to develop voting systems.--The Election 
        Assistance Commission (hereafter referred to as the 
        ``Commission'') shall establish and operate a program under 
        which the Commission shall award grants to eligible entities 
        for the development of voting systems that meet the 
        requirements of paragraph (2) and that may be used by States 
        and units of local government to administer elections for 
        Federal office.
            (2) Requirements for voting systems.--The requirements of 
        this paragraph with respect to voting systems are as follows:
                    (A) The system produces a voter-verified paper 
                record of each vote cast on the system.
                    (B) The system is demonstrably compatible with 
                commodity accessibility devices.
                    (C) The system is fully accessible for the use of 
                individuals with disabilities.
    (b) Eligibility Requirements for Recipients.--An entity is eligible 
to receive a grant under the program under this section if the entity 
submits to the Commission, at such time and in such form as the 
Commission may require, an application containing--
            (1) a certification that any voting system developed with 
        the funds provided under this section shall meet the 
        requirements of paragraph (2) of subsection (a); and
            (2) such other information and assurances as the Commission 
        may require.
    (c) Applicability of Regulations Governing Patent Rights in 
Inventions Made With Federal Assistance.--Any invention made by the 
recipient of a grant under this section using funds provided under this 
section shall be subject to chapter 18 of title 35, United States Code 
(relating to patent rights in inventions made with Federal assistance).
    (d) Report.--
            (1) In general.--Each entity which receives a grant under 
        this section shall submit to the Commission a report describing 
        the activities carried out with the funds provided under the 
        grant.
            (2) Deadline.--An entity shall submit a report required 
        under paragraph (1) not later than 60 days after the end of the 
        fiscal year for which the entity received the grant which is 
        the subject of the report.
    (e) Authorization of Appropriations.--
            (1) In general.--There is authorized to be appropriated for 
        grants under this section $60,000,000 for fiscal year 2017.
            (2) Availability of funds.--Amounts appropriated pursuant 
        to the authorization under this subsection shall remain 
        available, without fiscal year limitation, until expended.

                       Subtitle D--Effective Date

SEC. 131. EFFECTIVE DATE FOR NEW REQUIREMENTS.

    Section 301(d) of the Help America Vote Act of 2002 (52 U.S.C. 
21081(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 Election Integrity Act of 2016 shall apply with 
                respect to voting systems used for the regularly 
                scheduled general election for Federal office held in 
                2018 and each succeeding election for Federal office.
                    ``(B) 2-year 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 (12) 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 (12) of 
                                subsection (a) (as amended or added by 
                                the Election Integrity Act of 2016), 
                                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 prior to the regularly 
                                scheduled general election for Federal 
                                office held in 2018.
                            ``(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 preprinted 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 
                                preprinted 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 preprinted 
                                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, subparagraph (A) shall apply to a voting system 
                in the jurisdiction as if the reference in such 
                subparagraph to `the regularly scheduled general 
                election for Federal office held in 2018' were a 
                reference to `the first election for Federal office 
                held in 2020', but only with respect to paragraph 
                (3)(B)(ii)(II) of subsection (a) (relating to nonmanual 
                casting of the durable paper ballot).''.

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

SEC. 201. MANDATORY MANUAL AUDITS.

    Title III of the Help America Vote Act of 2002 (52 U.S.C. 21081 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 percent 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 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, 2019, 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, 2019, 
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 is authorized to be 
appropriated to the Commission for fiscal year 2020 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 2020 or any succeeding year.''.

SEC. 202. AVAILABILITY OF ENFORCEMENT UNDER HELP AMERICA VOTE ACT OF 
              2002.

    Section 401 of the Help America Vote Act of 2002 (52 U.S.C. 21111) 
is amended by striking ``sections 301, 302, and 303'' and inserting 
``title III''.

SEC. 203. GUIDANCE ON BEST PRACTICES FOR ALTERNATIVE AUDIT MECHANISMS.

    (a) In General.--Not later than May 1, 2019, 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 201). 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 is authorized to be 
appropriated to carry out subsection (a) $100,000, to remain available 
until expended.

SEC. 204. 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 III--OTHER REFORMS TO PROMOTE INTEGRITY OF ELECTIONS

            Subtitle A--Integrity of Election Administration

SEC. 301. PROHIBITION ON CAMPAIGN ACTIVITIES BY CHIEF STATE ELECTION 
              ADMINISTRATION OFFICIALS.

    (a) In General.--Title III of the Federal Election Campaign Act of 
1971 (52 U.S.C. 30101 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 
2016.

SEC. 302. MANDATORY TRAINING FOR POLL WORKERS.

    (a) In General.--Title III of the Help America Vote Act of 2002 (52 
U.S.C. 21081 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. MANDATORY TRAINING FOR POLL WORKERS.

    ``(a) Training in Applicable Election Laws and Procedures Required 
for All Poll Workers.--A State may not assign an individual to serve as 
an election official at a polling place for an election for Federal 
office, including a location serving as a polling place on a day other 
than the date of the election, unless the State certifies to the 
Commission that the individual has received training in the election 
administration laws and procedures applicable in the jurisdiction in 
which the polling place is located.
    ``(b) 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 2016 and for any 
subsequent election for Federal office.''.
    (b) 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. Mandatory training for poll workers.''.

SEC. 303. DUE PROCESS REQUIREMENTS FOR INDIVIDUALS PROPOSED TO BE 
              REMOVED FROM LIST OF ELIGIBLE VOTERS.

    (a) Internet Posting of List of Individuals Proposed To Be Removed 
From List.--Section 8 of the National Voter Registration Act of 1993 
(52 U.S.C. 20507) is amended--
            (1) by redesignating subsection (j) as subsection (k); and
            (2) by inserting after subsection (i) the following new 
        subsection:
    ``(j) Additional Due Process Requirements for Individuals Proposed 
To Be Removed From List of Eligible Voters.--
            ``(1) Internet posting of names.--On an ongoing basis, the 
        chief State election official shall post on the Internet a list 
        showing the name and address of each individual whom the State 
        intends to remove from the official list of eligible voters in 
        elections for Federal office in the State, together with 
        instructions on how an individual may challenge the proposed 
        removal of the individual's name from the list.
            ``(2) Requiring opportunity to correct record.--The State 
        may not remove any individual from the official list of 
        eligible voters in elections for Federal office in the State 
        until the expiration of the 60-day period which begins on the 
        date the chief State election official posts the individual's 
        name and address on the Internet under paragraph (1).
            ``(3) Publicizing information on due process 
        requirements.--The chief State election official shall 
        disseminate information to the general public regarding the 
        Internet posting of names and addresses under paragraph (1) and 
        the opportunity for individuals to correct records under 
        paragraph (2), including by sending information to media 
        outlets in the State and by preparing information for 
        distribution and display by offices of the State motor vehicle 
        authority.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply with respect to elections for Federal office held during 2018 or 
any succeeding year.

SEC. 304. MANDATORY RESPONSE BY ATTORNEY GENERAL TO ALLEGATIONS OF 
              VOTER INTIMIDATION OR SUPPRESSION BY LAW ENFORCEMENT 
              OFFICERS AND OTHER GOVERNMENT OFFICIALS.

    (a) Mandatory Response to Allegations.--
            (1) In general.--Not later than 30 days after receiving an 
        allegation described in subsection (b) from any person, the 
        Attorney General shall--
                    (A) initiate an investigation of the allegation; or
                    (B) provide the person with a written statement 
                that the Attorney General will not investigate the 
                allegation, and include in the statement the Attorney 
                General's reasons for not investigating the allegation.
            (2) Special rule for allegations received within 30 days of 
        election.--If the Attorney General receives an allegation 
        described in subsection (b) during the 30-day period which ends 
        on the date of an election for Federal office, the Attorney 
        General shall meet the requirements of paragraph (1) not later 
        than 48 hours after receiving the allegation.
    (b) Allegations Described.--An allegation described in this 
subsection is--
            (1) an allegation that a law enforcement officer or other 
        official of a State or local government has intimidated, 
        threatened, or coerced, or attempted to intimidate, threaten, 
        or coerce, any individual for voting, or for attempting to 
        vote, in an election for Federal office; or
            (2) an allegation that an election official of a State or 
        local government has engaged or has attempted to engage in 
        voter suppression activity.

                Subtitle B--Removing Barriers to Voting

SEC. 311. REQUIREMENTS FOR COUNTING PROVISIONAL BALLOTS; ESTABLISHMENT 
              OF UNIFORM AND NONDISCRIMINATORY STANDARDS.

    (a) In General.--Section 302 of the Help America Vote Act of 2002 
(52 U.S.C. 21082) 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, 2017.
    ``(e) Uniform and Nondiscriminatory Standards.--
            ``(1) Establishment of standards by commission.--The 
        Commission shall establish uniform and nondiscriminatory 
        standards for the issuance, handling, and counting of 
        provisional ballots, consistent with the requirements of this 
        section.
            ``(2) Compliance with standards.--Each State shall comply 
        with the standards established by the Commission under this 
        subsection.
            ``(3) Effective date.--This subsection shall apply with 
        respect to elections held on or after January 1, 2017.''.
    (b) Conforming Amendment Relating to Effective Date.--Section 
302(f) of such Act (52 U.S.C. 21082(f)), as redesignated by subsection 
(a), is amended by striking ``Each State'' and inserting ``Except as 
provided in subsections (d)(2) and (e)(3), each State''.

SEC. 312. PROHIBITING IMPOSITION OF CONDITIONS ON VOTING BY MAIL.

    (a) Prohibition.--Title III of the Help America Vote Act of 2002 
(52 U.S.C. 21081 et seq.), as amended by section 201, is amended by 
adding at the end the following new subtitle:

     ``Subtitle D--Other Requirements To Remove Barriers to Voting

``SEC. 331. PROHIBITING IMPOSITION OF CONDITIONS ON VOTING 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 (including by 
absentee ballot), 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, 2018.''.
    (b) Conforming Amendments Relating to Adoption of Voluntary 
Guidance by Election Assistance Commission.--
            (1) Applicability of voluntary guidance.--Section 311(a) of 
        such Act (52 U.S.C. 21101(a)) is amended by striking ``subtitle 
        A'' and inserting ``subtitle A and subtitle D''.
            (2) Deadline for adoption.--Section 311(b) of such Act (52 
        U.S.C. 21101(b)) is amended--
                    (A) by striking ``and'' at the end of paragraph 
                (2);
                    (B) by striking the period at the end of paragraph 
                (3) and inserting ``; and''; and
                    (C) by adding at the end the following new 
                paragraph:
            ``(4) in the case of the recommendations with respect to 
        subtitle D, June 30, 2017.''.
    (c) Clerical Amendment.--The table of contents of such Act is 
amended by adding at the end of the items relating to title III the 
following:

     ``Subtitle D--Other Requirements To Remove Barriers to Voting

``Sec. 331. Prohibiting imposition of conditions on voting by mail.''.

SEC. 313. MANDATORY AVAILABILITY OF EARLY VOTING.

    (a) Mandatory Availability.--Subtitle D of title III of the Help 
America Vote Act of 2002, as added by section 312(a), is amended by 
adding at the end the following new section:

``SEC. 332. MANDATORY AVAILABILITY OF EARLY VOTING.

    ``(a) Requiring Availability of Voting Prior to Date of Election.--
            ``(1) In general.--Each State shall allow individuals to 
        vote in an election for Federal office during an early voting 
        period which occurs prior to the date of the election.
            ``(2) Length of period.--The early voting period required 
        under this subsection with respect to an election shall consist 
        of a period of not fewer than 14 consecutive days (including 
        weekends) which begins on the 17th day before the date of the 
        election (or, at the option of the State, on a day prior to the 
        17th day before the date of the election) and ends on the date 
        of the election.
    ``(b) Minimum Early Voting Requirements.--Each polling place which 
allows voting during an early voting period under subsection (a) 
shall--
            ``(1) allow such voting for no less than 12 hours on each 
        day, except that the polling place may allow such voting for 
        fewer than 12 hours on Sundays; 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 during an early voting period under 
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, 2018.''.
    (b) Clerical Amendment.--The table of contents of such Act, as 
amended by section 312(c), is amended by adding at the end of the items 
relating to subtitle D of title III the following:

``Sec. 332. Mandatory availability of early voting.''.

SEC. 314. REQUIREMENTS FOR AVAILABILITY OF SUFFICIENT POLLING PLACES, 
              EQUIPMENT, AND RESOURCES.

    (a) Requiring States To Meet Requirements.--Subtitle D of title III 
of the Help America Vote Act of 2002, as added by section 312(a) and as 
amended by section 313(a), is amended by adding at the end the 
following new section:

``SEC. 333. AVAILABILITY OF SUFFICIENT POLLING PLACES, EQUIPMENT, AND 
              RESOURCES.

    ``(a) In General.--In accordance with the standards established 
under subsection (b), each State shall provide for--
            ``(1) an appropriate number and geographic distribution of 
        voting sites on the day of any election for Federal office and 
        on any days during which such State allows early voting in such 
        elections; and
            ``(2) the minimum required number of voting systems and 
        other election resources (including all other voting equipment 
        and supplies) for each such voting site.
    ``(b) Standards.--
            ``(1) In general.--Not later than June 30, 2017, the 
        Commission shall conduct a study and, on the basis of the 
        findings of the study, issue standards for States to follow in 
        establishing an appropriate number and geographic distribution 
        of voting sites in elections for Federal office on the day of 
        any Federal election and on any days during which the State 
        allows early voting in such elections, and in providing for the 
        minimum number of voting systems and other election resources 
        (including all other voting equipment and supplies) for each 
        such voting site.
            ``(2) Distribution.--
                    ``(A) In general.--The standards described in 
                paragraph (1) shall provide for a uniform and 
                nondiscriminatory distribution of such sites, systems, 
                and other resources, and, to the extent possible, shall 
                take into account, among other factors, the following:
                            ``(i) The voting age population.
                            ``(ii) Voter turnout in past elections.
                            ``(iii) The number of voters registered.
                            ``(iv) The number of voters who have 
                        registered since the most recent Federal 
                        election.
                            ``(v) Census data for the population served 
                        by each voting site.
                            ``(vi) The educational levels and 
                        socioeconomic factors of the population served 
                        by each voting site.
                            ``(vii) The needs and numbers of voters 
                        with disabilities and voters with limited 
                        English proficiency.
                            ``(viii) The type of voting systems used.
                    ``(B) No factor dispositive.--The standards shall 
                provide that the distribution of voting sites, systems, 
                and resources should take into account the totality of 
                all relevant factors, and no single factor shall be 
                dispositive under the standards.
                    ``(C) Purpose.--To the extent possible, the 
                standards shall provide for a distribution of voting 
                sites, systems, and resources with the goals of--
                            ``(i) ensuring a fair and equitable waiting 
                        time for all voters in the State; and
                            ``(ii) preventing a waiting time of over 1 
                        hour at any voting site.
            ``(3) Deviation.--The standards described in paragraph (1) 
        shall permit States, upon giving reasonable public notice, to 
        deviate from any allocation requirements in the case of 
        unforeseen circumstances such as a natural disaster or 
        terrorist attack.
    ``(c) Effective Date.--This section shall apply with respect to 
elections held on or after January 1, 2018.''.
    (b) Clerical Amendment.--The table of contents of such Act, as 
amended by section 312(c) and section 313(b), is amended by adding at 
the end of the items relating to subtitle D of title III the following:

``Sec. 333. Availability of sufficient polling places, equipment, and 
                            resources.''.

    TITLE IV--RULEMAKING AUTHORITY OF ELECTION ASSISTANCE COMMISSION

SEC. 401. PERMITTING ELECTION ASSISTANCE COMMISSION TO EXERCISE 
              RULEMAKING AUTHORITY.

    (a) Rulemaking Authority.--The Help America Vote Act of 2002 is 
amended by striking section 209 (52 U.S.C. 20929).
    (b) Clerical Amendment.--The table of contents of such Act is 
amended by striking the item relating to section 209.
                                 <all>