[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3132 Introduced in House (IH)]
<DOC>
115th CONGRESS
1st Session
H. R. 3132
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
June 29, 2017
Mr. Johnson of Georgia (for himself, Mrs. Torres, Ms. Shea-Porter, Ms.
Brownley of California, Mr. Cohen, Ms. Eddie Bernice Johnson of Texas,
Ms. Wilson of Florida, Mr. Cicilline, Ms. Bass, Mr. Serrano, Ms.
Norton, Mr. Raskin, Mr. Payne, Mr. Evans, Mr. Smith of Washington, and
Ms. Castor of Florida) 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 ``Restoring
Confidence in America's Elections Act''.
(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 Restoring Confidence in America's
Elections Act, 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, 2019; 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,
2019, the Commission shall develop and make publicly
available best practices regarding the requirement of
subparagraphs (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 website
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, 2019.
(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 2018 and 2019, 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 2018 and 2019,
$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 Restoring Confidence in America's Elections Act, 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 restoring confidence in america's elections
act.--
``(A) In general.--In the case of the requirements
payment made to a State under the authorization made by
section 257(a)(5) for fiscal year 2018 or 2019, 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 2018 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 2018 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 sections 301(a)(2)(A)(i)(I) and
301(a)(12)(A), as amended or added by the
Restoring Confidence in America's Elections
Act) 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 Restoring Confidence in America's Elections Act.--
``(1) In general.--Notwithstanding any other provision of
this part, a State is eligible to receive a requirements
payment under the authorization made by section 257(a)(5) for
fiscal year 2018 or 2019 if, not later than 90 days after the
date of the enactment of the Restoring Confidence in America's
Elections Act, 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 2018 in
meeting the requirements of title III which are imposed pursuant to the
amendments made by title I of the Restoring Confidence in America's
Elections Act or in otherwise upgrading or replacing voting systems in
a manner consistent with such amendments (so long as the voting systems
meet any of the requirements that apply with respect to elections for
Federal office held in 2020 and each succeeding year).''.
(e) Rule of Construction Regarding States Receiving Other Funds for
Replacing Punch Card, Lever, or Other Voting Machines.--Nothing in the
amendments made by this section or in any other provision of the Help
America Vote Act of 2002 may be construed to prohibit a State which
received or was authorized to receive a payment under title I or II of
such Act for replacing punch card, lever, or other voting machines from
receiving or using any funds which are made available under the
amendments made by this section.
(f) Rule of Construction Regarding Use of Funds Received in Prior
Years.--
(1) In general.--Nothing contained in this Act or the Help
America Vote Act of 2002 may be construed to prohibit a State
from using funds received under title I or II of the Help
America Vote Act of 2002 to purchase or acquire by other means
a voting system that meets the requirements of 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 2018.
(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 Restoring Confidence in America's Elections Act
shall apply with respect to voting systems used for the
regularly scheduled general election for Federal office
held in 2020 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 2018.--
``(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 `2020' were a reference to
`2022', 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 Restoring Confidence in America's
Elections Act), for the administration
of the regularly scheduled general
election for Federal office held in
November 2018; 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 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 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 2020' were a
reference to `the first election for Federal office
held in 2022', 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, 2020, 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, 2020,
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, 2020, 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
2018.
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 2018 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 2020 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, 2018.
``(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, 2018.''.
(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, 2019.''.
(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, 2018.''.
(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, 2019.''.
(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, 2018, 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, 2019.''.
(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.
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