[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1562 Introduced in House (IH)]
<DOC>
115th CONGRESS
1st Session
H. R. 1562
To amend the Help America Vote Act of 2002 to improve the security of
the information technology used to administer voter registration
procedures and elections for Federal office, to promote the accuracy
and integrity of the results of such elections, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 16, 2017
Mr. Pocan (for himself, Mr. Ellison, and Mr. Johnson of Georgia)
introduced the following bill; which was referred to the Committee on
House Administration, and in addition to the Committee on Science,
Space, and Technology, for a period to be subsequently determined by
the Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To amend the Help America Vote Act of 2002 to improve the security of
the information technology used to administer voter registration
procedures and elections for Federal office, to promote the accuracy
and integrity of the results of such elections, 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 ``Secure America's
Future Elections Act'' or the ``SAFE Act''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--DESIGNATION OF ELECTION ADMINISTRATION SYSTEMS AS CRITICAL
INFRASTRUCTURE
Sec. 101. Sense of Congress regarding election administration security
as a matter of national security.
Sec. 102. Designation of election administration systems as critical
infrastructure for homeland security
purposes.
TITLE II--SECURITY OF VOTING SYSTEMS AND VOTER REGISTRATION PROCESSES
Sec. 201. Assistance to States for information technology security
upgrades to voter registration and election
administration processes.
Sec. 202. Requiring voting systems to meet cybersecurity standards.
TITLE III--ACCURACY, SECURITY, AND INTEGRITY OF ELECTIONS
Subtitle A--Promoting Accuracy, Integrity, and Security Through Voter-
Verified Permanent Paper Ballot
Sec. 301. Paper ballot and manual counting requirements.
Sec. 302. Accessibility and ballot verification for individuals with
disabilities.
Sec. 303. Durability and readability requirements for ballots.
Sec. 304. Effective date for new requirements.
Subtitle B--Requirement for Mandatory Manual Audits by Hand Count
Sec. 311. 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. 312. Availability of enforcement under Help America Vote Act of
2002.
Sec. 313. Guidance on best practices for alternative audit mechanisms.
Sec. 314. Clerical amendment.
TITLE IV--REAUTHORIZATION OF ELECTION ASSISTANCE COMMISSION
Sec. 401. Reauthorization of Election Assistance Commission.
TITLE I--DESIGNATION OF ELECTION ADMINISTRATION SYSTEMS AS CRITICAL
INFRASTRUCTURE
SEC. 101. SENSE OF CONGRESS REGARDING ELECTION ADMINISTRATION SECURITY
AS A MATTER OF NATIONAL SECURITY.
It is the sense of Congress that protecting the security and
integrity of the administration of elections for public office,
including the security of the information technology processes used to
carry out voter registration and to operate voting systems, is a
critical element of national security.
SEC. 102. DESIGNATION OF ELECTION ADMINISTRATION SYSTEMS AS CRITICAL
INFRASTRUCTURE FOR HOMELAND SECURITY PURPOSES.
(a) Designation.--The Secretary of Homeland Security, acting
through the Assistant Secretary of the National Protection and Programs
Directorate, shall designate the infrastructure used to administer
elections for public office, including storage facilities, polling
places, vote tabulation locations, voter databases (including online
voter registration databases), voting machines, and other systems that
manage the election process, as critical infrastructure.
(b) Critical Infrastructure Defined.--In this section, the term
``critical infrastructure'' has the meaning given such term in section
1016 of the Critical Infrastructure Protection Act of 2001 (42 U.S.C.
5195c).
TITLE II--SECURITY OF VOTING SYSTEMS AND VOTER REGISTRATION PROCESSES
SEC. 201. ASSISTANCE TO STATES FOR INFORMATION TECHNOLOGY SECURITY
UPGRADES TO VOTER REGISTRATION AND ELECTION
ADMINISTRATION PROCESSES.
(a) Authorization of Funding.--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 2018 through 2027, such
sums as may be necessary for such payments, except that a State
may use a requirement payment made with funds authorized under
this paragraph solely to carry out activities to upgrade the
security of the information technology and cybersecurity
elements of the voting systems used in the State and the
information technology and cybersecurity elements of the
State's voter registration lists (including online voter
registration databases) and voter registration processes,
including activities necessary to meet the requirements of
section 303(a)(3) (relating to the technological security of
the State's computerized voter registration list).''.
(b) Waiver of 5 Percent Match Requirement.--Section 253(b)(5) of
such Act (52 U.S.C. 21003(b)(5)) is amended--
(1) in subparagraph (A), by striking ``subparagraph (B)''
and inserting ``subparagraphs (B) and (C)''; and
(2) by adding at the end the following new subparagraph:
``(C) Subparagraph (A) shall not apply for purposes of
determining the eligibility of a State to receive a
requirements payment appropriated pursuant to the authorization
provided under section 257(a)(5) of this title for fiscal year
2018.''.
SEC. 202. REQUIRING VOTING SYSTEMS TO MEET CYBERSECURITY STANDARDS.
(a) Requirement.--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 paragraph:
``(7) Cybersecurity standards.--
``(A) Establishment of standards by secretary of
homeland security and nist.--Not later than 1 year
after the date of the enactment of this paragraph, the
Secretary of Homeland Security (hereafter referred to
as the `Secretary') and the Director of the National
Institute of Standards and Technology (hereafter
referred to as the `Director'), working jointly, shall
establish standards to ensure the cybersecurity of the
components of voting systems, including the software
used to operate such systems, and to ensure the
security of the manufacturing processes for such
components.
``(B) Notification of security breaches.--The
Secretary and the Director shall include in such
standards a requirement that the manufacturer of a
voting system or any component of a voting system whose
information and information systems have been the
subject of an incident of unauthorized access, use,
disclosure, disruption, modification, or destruction
submit a report to the Commission immediately upon
discovering the incident.
``(C) Updates.--The Secretary and the Director
shall, working jointly, regularly update such standards
to take into account developments in voting system
technology and the emergence of new threats to the
security of such systems.
``(D) Compliance required.--A State or jurisdiction
may not use a voting system or any component of a
voting system in an election for Federal office unless
the manufacturer of the system or component certifies
to the State or jurisdiction that the system meets the
most recent cybersecurity standards established by the
Secretary and the Director under this paragraph.''.
(b) Effective Date.--Section 301(d) of such Act (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 cybersecurity standards.--The
requirements of paragraph (7) of subsection (a) (relating to
cybersecurity standards) shall apply with respect to the
regularly scheduled general elections for Federal office held
in November 2018 and each succeeding election for Federal
office.''.
TITLE III--ACCURACY, SECURITY, AND INTEGRITY OF ELECTIONS
Subtitle A--Promoting Accuracy, Integrity, and Security Through Voter-
Verified Permanent Paper Ballot
SEC. 301. 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. 302. 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 non-
electronic devices, that will assist such individuals and
voters in marking voter-verified paper ballots and presenting
or transmitting the information printed or marked on such
ballots back to such individuals and voters, and casting such
ballots;
``(2) a certification that the entity shall complete the
activities carried out with the grant not later than July 1,
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 non-proprietary
and shall be made available to the public, including to manufacturers
of voting systems.
``(d) Coordination With Grants for Technology Improvements.--The
Director shall carry out this section so that the activities carried
out with the grants made under subsection (a) are coordinated with the
research conducted under the grant program carried out by the
Commission under section 271, to the extent that the Director and
Commission determine necessary to provide for the advancement of
accessible voting technology.
``(e) Authorization of Appropriations.--There 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 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.
SEC. 303. DURABILITY AND READABILITY REQUIREMENTS FOR BALLOTS.
Section 301(a) of the Help America Vote Act of 2002 (52 U.S.C.
21081(a)), as amended by section 202(a), is further amended by adding
at the end the following new paragraph:
``(8) 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.''.
SEC. 304. EFFECTIVE DATE FOR NEW REQUIREMENTS.
Section 301(d) of the Help America Vote Act of 2002 (52 U.S.C.
21081(d)), as amended by section 202(b), is further amended--
(1) in paragraph (1), by striking ``Except as provided in
paragraph (2)'' and inserting ``Except as provided in
paragraphs (2) and (3)''; and
(2) by adding at the end the following new paragraph:
``(3) 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
III of the Secure America's Future Elections Act shall
apply with respect to voting systems used for the
regularly scheduled general elections for Federal
office held in 2018 and any succeeding election for
Federal office.
``(B) Delay for jurisdictions using certain paper
record printers or certain systems using or producing
voter-verifiable paper records in 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 (8) 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 (8) of
subsection (a) (as amended or added by
the Secure America's Future Elections
Act), for the administration of the
regularly scheduled general election
for Federal office held in November
2016; and
``(II) which will continue to use
such printers or systems for the
administration of elections for Federal
office held in years before 2020.
``(iii) Mandatory availability of paper
ballots at polling places using grandfathered
printers and systems.--
``(I) Requiring ballots to be
offered and provided.--The appropriate
election official at each polling place
that uses a printer or system described
in clause (ii)(I) for the
administration of elections for Federal
office shall offer each individual who
is eligible to cast a vote in the
election at the polling place the
opportunity to cast the vote using a
blank pre-printed paper ballot which
the individual may mark by hand and
which is not produced by the direct
recording electronic voting machine or
other such system. The official shall
provide the individual with the ballot
and the supplies necessary to mark the
ballot, and shall ensure (to the
greatest extent practicable) that the
waiting period for the individual to
cast a vote is the lesser of 30 minutes
or the average waiting period for an
individual who does not agree to cast
the vote using such a paper ballot
under this clause.
``(II) Treatment of ballot.--Any
paper ballot which is cast by an
individual under this clause shall be
counted and otherwise treated as a
regular ballot for all purposes
(including by incorporating it into the
final unofficial vote count (as defined
by the State) for the precinct) and not
as a provisional ballot, unless the
individual casting the ballot would
have otherwise been required to cast a
provisional ballot.
``(III) Posting of notice.--The
appropriate election official shall
ensure there is prominently displayed
at each polling place a notice that
describes the obligation of the
official to offer individuals the
opportunity to cast votes using a pre-
printed blank paper ballot.
``(IV) Training of election
officials.--The chief State election
official shall ensure that election
officials at polling places in the
State are aware of the requirements of
this clause, including the requirement
to display a notice under subclause
(III), and are aware that it is a
violation of the requirements of this
title for an election official to fail
to offer an individual the opportunity
to cast a vote using a blank pre-
printed paper ballot.
``(V) Period of applicability.--The
requirements of this clause apply only
during the period in which the delay is
in effect under clause (i).
``(C) Special rule for jurisdictions using certain
nontabulating ballot marking devices.--In the case of a
jurisdiction which uses a nontabulating ballot marking
device which automatically deposits the ballot into a
privacy sleeve, subparagraph (A) shall apply to a
voting system in the jurisdiction as if the reference
in such subparagraph to `2018' were a reference to
`2020', but only with respect to paragraph
(3)(B)(ii)(II) of subsection (a) (relating to nonmanual
casting of the durable paper ballot).''.
Subtitle B--Requirement for Mandatory Manual Audits by Hand Count
SEC. 311. 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
Election Auditor of a State shall, in accordance with this subtitle,
administer a hand count of the voter-verified paper ballots cast with
respect to an election 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).
``(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 before the
date of the election described in paragraph (2)) or votes cast
by provisional ballot on the date of the election which are
certified and counted by the State on or after the date of the
election, including votes cast by absent uniformed services
voters and overseas voters under the Uniformed and Overseas
Citizens Absentee Voting Act, the Election Auditor shall
administer the hand count of the votes on the applicable voter-
verified paper ballots required to be produced and preserved
under section 301(a)(2)(A) and the comparison of the count of
the votes on those ballots with the final unofficial count of
such votes as announced by the State.
``(b) Use of Personnel.--In administering the audits, the Election
Auditor may utilize the services of the personnel of the State or
jurisdiction, including election administration personnel and poll
workers, without regard to whether or not the personnel have
professional auditing experience.
``(c) Location.--The Election Auditor shall administer an audit of
an election--
``(1) at the location where the ballots cast in the
election are stored and counted after the date of the election
or such other appropriate and secure location agreed upon by
the Election Auditor and the individual that is responsible
under State law for the custody of the ballots; and
``(2) in the presence of the personnel who under State law
are responsible for the custody of the ballots.
``(d) Special Rule in Case of Delay in Reporting Absentee Vote
Count.--In the case of a State in which the final count of absentee and
provisional votes is not announced until after the date of the
election, the Election Auditor shall initiate the process described in
subsection (a) for administering the audit not later than 24 hours
after the State announces the final unofficial vote count for the votes
cast at the precinct or equivalent location on or before the date of
the election, and shall initiate the administration of the audit of the
absentee and provisional votes pursuant to subsection (a)(2) not later
than 24 hours after the State announces the final unofficial count of
such votes.
``(e) Additional Audits if Cause Shown.--
``(1) In general.--If the Election Auditor finds that any
of the hand counts administered under this section do not match
the final unofficial tally of the results of an election, the
Election Auditor shall administer hand counts under this
section of such additional precincts (or alternative audit
units) as the Election Auditor considers appropriate to resolve
any concerns resulting from the audit and ensure the accuracy
of the election results.
``(2) Establishment and publication of procedures governing
additional audits.--Not later than August 1, 2018, 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, 2018,
and shall publish them in the Federal Register upon adoption.
``SEC. 325. PUBLICATION OF RESULTS.
``(a) Submission to Commission.--As soon as practicable after the
completion of an audit under this subtitle, the Election Auditor of a
State shall submit to the Commission the results of the audit, and
shall include in the submission a comparison of the results of the
election in the precinct as determined by the Election Auditor under
the audit and the final unofficial vote count in the precinct as
announced by the State and all undervotes, overvotes, blank ballots,
and spoiled, voided, or cancelled ballots, as well as a list of any
discrepancies discovered between the initial, subsequent, and final
hand counts administered by the Election Auditor and such final
unofficial vote count and any explanation for such discrepancies,
broken down by the categories of votes described in paragraphs (1)(B)
and (2) of section 323(a).
``(b) Publication by Commission.--Immediately after receiving the
submission of the results of an audit from the Election Auditor of a
State under subsection (a), the Commission shall publicly announce and
publish the information contained in the submission.
``(c) Delay in Certification of Results by State.--
``(1) Prohibiting certification until completion of
audits.--No State may certify the results of any election which
is subject to an audit under this subtitle prior to--
``(A) to the completion of the audit (and, if
required, any additional audit conducted under section
323(e)(1)) and the announcement and submission of the
results of each such audit to the Commission for
publication of the information required under this
section; and
``(B) the completion of any procedure established
by the State pursuant to section 323(e)(2) to resolve
discrepancies and ensure the accuracy of results.
``(2) Deadline for completion of audits of presidential
elections.--In the case of an election for electors for
President and Vice President which is subject to an audit under
this subtitle, the State shall complete the audits and announce
and submit the results to the Commission for publication of the
information required under this section in time for the State
to certify the results of the election and provide for the
final determination of any controversy or contest concerning
the appointment of such electors prior to the deadline
described in section 6 of title 3, United States Code.
``SEC. 326. PAYMENTS TO STATES.
``(a) Payments for Costs of Conducting Audits.--In accordance with
the requirements and procedures of this section, the Commission shall
make a payment to a State to cover the costs incurred by the State in
carrying out this subtitle with respect to the elections that are the
subject of the audits conducted under this subtitle.
``(b) Certification of Compliance and Anticipated Costs.--
``(1) Certification required.--In order to receive a
payment under this section, a State shall submit to the
Commission, in such form as the Commission may require, a
statement containing--
``(A) a certification that the State will conduct
the audits required under this subtitle in accordance
with all of the requirements of this subtitle;
``(B) a notice of the reasonable costs incurred or
the reasonable costs anticipated to be incurred by the
State in carrying out this subtitle with respect to the
elections involved; and
``(C) such other information and assurances as the
Commission may require.
``(2) Amount of payment.--The amount of a payment made to a
State under this section shall be equal to the reasonable costs
incurred or the reasonable costs anticipated to be incurred by
the State in carrying out this subtitle with respect to the
elections involved, as set forth in the statement submitted
under paragraph (1).
``(3) Timing of notice.--The State may not submit a notice
under paragraph (1) until candidates have been selected to
appear on the ballot for all of the elections for Federal
office which will be the subject of the audits involved.
``(c) Timing of Payments.--The Commission shall make the payment
required under this section to a State not later than 30 days after
receiving the notice submitted by the State under subsection (b).
``(d) Recoupment of Overpayments.--No payment may be made to a
State under this section unless the State agrees to repay to the
Commission the excess (if any) of--
``(1) the amount of the payment received by the State under
this section with respect to the elections involved; over
``(2) the actual costs incurred by the State in carrying
out this subtitle with respect to the elections involved.
``(e) Authorization of Appropriations.--There is authorized to be
appropriated to the Commission for fiscal year 2018 and each succeeding
fiscal year $100,000,000 for payments under this section.
``SEC. 327. EXCEPTION FOR ELECTIONS SUBJECT TO RECOUNT UNDER STATE LAW
PRIOR TO CERTIFICATION.
``(a) Exception.--This subtitle does not apply to any election for
which a recount under State law will commence prior to the
certification of the results of the election, including but not limited
to a recount required automatically because of the margin of victory
between the 2 candidates receiving the largest number of votes in the
election, but only if each of the following applies to the recount:
``(1) The recount commences prior to the determination and
announcement by the Election Auditor under section 323(a)(1) of
the precincts in the State in which it will administer the
audits under this subtitle.
``(2) If the recount would apply to fewer than 100 percent
of the ballots cast in the election--
``(A) the number of ballots counted will be at
least as many as would be counted if an audit were
conducted with respect to the election in accordance
with this subtitle; and
``(B) the selection of the precincts in which the
recount will be conducted will be made in accordance
with the random selection procedures applicable under
section 324.
``(3) The recount for the election meets the requirements
of section 323(f) (relating to public observation).
``(4) The State meets the requirements of section 325
(relating to the publication of results and the delay in the
certification of results) with respect to the recount.
``(b) Clarification of Effect on Other Requirements.--Nothing in
this section may be construed to waive the application of any other
provision of this Act to any election (including the requirement set
forth in section 301(a)(2) that the voter verified paper ballots serve
as the vote of record and shall be counted by hand in all audits and
recounts, including audits and recounts described in this subtitle).
``SEC. 328. EFFECTIVE DATE.
``This subtitle shall apply with respect to the regularly scheduled
general elections for Federal office held in 2018 and any succeeding
election for Federal office.''.
SEC. 312. 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 the period at the end and inserting the
following: ``, or the requirements of subtitle C of title III.''.
SEC. 313. GUIDANCE ON BEST PRACTICES FOR ALTERNATIVE AUDIT MECHANISMS.
(a) In General.--Not later than May 1, 2021, 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 311). 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. 314. 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 IV--REAUTHORIZATION OF ELECTION ASSISTANCE COMMISSION
SEC. 401. REAUTHORIZATION OF ELECTION ASSISTANCE COMMISSION.
Section 210 of the Help America Vote Act of 2002 (52 U.S.C. 20930)
is amended--
(1) by striking ``for each of the fiscal years 2003 through
2005'' and inserting ``for fiscal year 2003 and each succeeding
fiscal year''; and
(2) by striking ``(but not to exceed $10,000,000 for each
such year)''.
<all>