[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 1472 Introduced in Senate (IS)]

<DOC>






116th CONGRESS
  1st Session
                                S. 1472

To amend the Help America Vote Act of 2002 to require paper ballots and 
 risk-limiting audits in all Federal elections, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 15, 2019

 Mr. Wyden (for himself, Mr. Blumenthal, Mr. Markey, Mr. Merkley, Ms. 
  Duckworth, Mr. Schatz, Ms. Warren, Mr. Booker, Mrs. Gillibrand, Ms. 
  Baldwin, Mr. Sanders, Ms. Harris, Ms. Cantwell, Mr. Brown, and Mr. 
    Bennet) introduced the following bill; which was read twice and 
         referred to the Committee on Rules and Administration

_______________________________________________________________________

                                 A BILL


 
To amend the Help America Vote Act of 2002 to require paper ballots and 
 risk-limiting audits in all Federal elections, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Protecting 
American Votes and Elections Act of 2019''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Paper ballot and hand tabulation requirements.
Sec. 3. Risk-limiting audits.
Sec. 4. Enhancement of enforcement of Help America Vote Act of 2002.
Sec. 5. Financial assistance to States.
Sec. 6. Cybersecurity requirements for and testing and certification of 
                            voting systems.
Sec. 7. Voting system cybersecurity requirements.
Sec. 8. Ballot cybersecurity, confidentiality, and access for 
                            individuals with disabilities.
Sec. 9. Application of Help America Vote Act to Northern Mariana 
                            Islands.
Sec. 10. Biennial reports on election security.

SEC. 2. PAPER BALLOT AND HAND TABULATION REQUIREMENTS.

    (a) Voter-Verifiable Paper Ballots.--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-verifiable paper ballots.--
                            ``(i) Paper ballot requirement.--
                                    ``(I) In general.--The voting 
                                system shall require the use of an 
                                individual, durable, voter-verifiable, 
                                paper ballot of the voter's vote that 
                                shall be marked and made available for 
                                physical inspection and verification by 
                                the voter before the voter's vote is 
                                cast and tabulated. For purposes of 
                                this subclause, the term `individual, 
                                durable, voter-verifiable, paper 
                                ballot' means a paper ballot marked by 
                                the voter by hand or a paper ballot 
                                printed or marked through the use of a 
                                ballot marking device, so long as the 
                                voter shall have the option to mark his 
                                or her ballot by hand.
                                    ``(II) Requirements for ballot 
                                marking devices.--Except as required to 
                                meet the accessibility requirements 
                                under paragraph (3), in the case of a 
                                ballot marking device--
                                            ``(aa) the printed or 
                                        marked paper ballot shall be 
                                        presented to the voter for 
                                        physical inspection and 
                                        verification before the ballot 
                                        is tabulated and preserved in 
                                        accordance with clause (ii);
                                            ``(bb) the paper ballot 
                                        shall be printed or marked in 
                                        such a way that vote 
                                        selections, including all vote 
                                        selections scanned by voting 
                                        systems to tabulate votes, can 
                                        be inspected and verified by 
                                        the voter without training or 
                                        instruction or audited by 
                                        election officials without the 
                                        aid of any machine or other 
                                        equipment; and
                                            ``(cc) the ballot marking 
                                        device shall be designed and 
                                        built in a manner in which it 
                                        is mechanically impossible for 
                                        the device to add or change the 
                                        vote selections on a printed or 
                                        marked ballot at any time after 
                                        the ballot has been presented 
                                        to the voter for inspection and 
                                        verification under item (aa).
                                    ``(III) Confidentiality.--The 
                                voting system shall not preserve or 
                                mark the individual, durable, voter-
                                verifiable paper ballots in any manner 
                                that makes it possible, at any time 
                                after the ballot has been cast, to 
                                associate a voter with the ballot cast 
                                by the voter or with any other record 
                                of the voter's vote selections.
                            ``(ii) Preservation as official record.--
                        The individual, durable, voter-verifiable, 
                        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 ballot tabulation and any 
                        recount or audit conducted with respect to any 
                        election for Federal office in which the voting 
                        system is used.
                            ``(iii) Hand tabulation requirements for 
                        recounts.--
                                    ``(I) In general.--Each paper 
                                ballot used pursuant to clause (i) 
                                shall be tabulated by hand in any 
                                recount conducted with respect to any 
                                election for Federal office.
                                    ``(II) Inconsistencies.--In the 
                                event of any inconsistencies or 
                                irregularities between any vote tallies 
                                determined through the use of an 
                                optical scanning device and vote 
                                tallies determined by tabulating by 
                                hand the individual, durable, voter-
                                verifiable, paper ballots used pursuant 
                                to clause (i), and subject to 
                                subparagraph (B), the individual, 
                                durable, voter-verifiable, 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 vote tallies determined 
                                through the use of an optical scanning 
                                device and vote tallies determined by 
                                tabulating by hand the individual, 
                                durable, voter-verifiable, 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.
                    ``(C) Effective date.--Each State and jurisdiction 
                shall be required to comply with the requirements of 
                this paragraph for the first regularly scheduled 
                election for Federal office held more than 1 year after 
                the date of the enactment of the Protecting American 
                Votes and Elections Act of 2019, and for each 
                subsequent election for Federal office.''.
    (b) Conforming Amendments.--
            (1) Individual with disabilities.--Section 301(a)(3)(B) of 
        such Act (52 U.S.C. 21081(a)(3)(B)) is amended by striking 
        ``direct recording electronic voting system or other''.
            (2) 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''.
            (3) Effective date.--Section 301(d) of such Act (52 U.S.C. 
        21081(d)) is amended by striking ``Each State'' and inserting 
        ``Except as otherwise provided in this section, each State''.

SEC. 3. RISK-LIMITING AUDITS.

    (a) In General.--Title III of the Help America Vote Act of 2002 (52 
U.S.C. 21081 et seq.) is amended by inserting after section 303 the 
following new section:

``SEC. 303A. RISK-LIMITING AUDITS.

    ``(a) Definitions.--In this section:
            ``(1) Risk-limiting audit.--The term `risk-limiting audit' 
        means, with respect to any election contest, a post-election 
        process that--
                    ``(A) has a probability of at least 95 percent of 
                correcting the reported outcome if the reported outcome 
                is not the correct outcome;
                    ``(B) will not change the outcome if the reported 
                outcome is the correct outcome; and
                    ``(C) involves a manual adjudication of voter 
                intent from some or all of the ballots validly cast in 
                the election contest.
            ``(2) Reported outcome; correct outcome; outcome.--
                    ``(A) Reported outcome.--The term `reported 
                outcome' means the outcome of an election contest which 
                is determined according to the canvass and which will 
                become the official, certified outcome unless it is 
                revised by an audit, recount, or other legal process.
                    ``(B) Correct outcome.--The term `correct outcome' 
                means the outcome that would be determined by a manual 
                adjudication of voter intent for all votes validly cast 
                in the election contest.
                    ``(C) Outcome.--The term `outcome' means the winner 
                or set of winners of an election contest.
            ``(3) Manual adjudication of voter intent.--The term 
        `manual adjudication of voter intent' means direct inspection 
        and determination by humans, without assistance from electronic 
        or mechanical tabulation devices, of the ballot choices marked 
        by voters on each voter-verifiable paper record.
            ``(4) Ballot manifest.--The term `ballot manifest' means a 
        record maintained by each jurisdiction that--
                    ``(A) is created without reliance on any part of 
                the voting system used to tabulate votes;
                    ``(B) functions as a sampling frame for conducting 
                a risk-limiting audit; and
                    ``(C) accounts for all ballots validly cast 
                regardless of how or whether they were tabulated and 
                includes a precise description of the manner in which 
                the ballots are physically stored, including the total 
                number of physical groups of ballots, the numbering 
                system for each group, a unique label for each group, 
                and the number of ballots in each such group.
    ``(b) Requirements.--
            ``(1) In general.--
                    ``(A) Audits.--
                            ``(i) In general.--Each State and 
                        jurisdiction shall administer risk-limiting 
                        audits of the results of all election contests 
                        for Federal office held in the State in 
                        accordance with the requirements of paragraph 
                        (2).
                            ``(ii) Exception.--Clause (i) shall not 
                        apply to any election contest for which the 
                        State or jurisdiction conducts a full recount 
                        through a manual adjudication of voter intent.
                    ``(B) Full manual tabulation.--If a risk-limiting 
                audit conducted under subparagraph (A) corrects the 
                reported outcome of an election contest, the State or 
                jurisdiction shall use the results of the manual 
                adjudication of voter intent conducted as part of the 
                risk-limiting audit as the official results of the 
                election contest.
            ``(2) Audit requirements.--
                    ``(A) Rules and procedures.--
                            ``(i) In general.--Not later than 1 year 
                        after the date of the enactment of this 
                        section, the chief State election official of 
                        the State shall establish rules and procedures 
                        for conducting risk-limiting audits.
                            ``(ii) Matters included.--The rules and 
                        procedures established under clause (i) shall 
                        include the following:
                                    ``(I) Rules and procedures for 
                                ensuring the security of ballots and 
                                documenting that prescribed procedures 
                                were followed.
                                    ``(II) Rules and procedures for 
                                ensuring the accuracy of ballot 
                                manifests produced by jurisdictions.
                                    ``(III) Rules and procedures for 
                                governing the format of ballot 
                                manifests and other data involved in 
                                risk-limiting audits.
                                    ``(IV) Methods to ensure that any 
                                cast vote records used in a risk-
                                limiting audit are those used by the 
                                voting system to tally the results of 
                                the election contest sent to the chief 
                                State election official of the State 
                                and made public.
                                    ``(V) Rules and procedures for the 
                                random selection of ballots to be 
                                inspected manually during each audit.
                                    ``(VI) Rules and procedures for the 
                                calculations and other methods to be 
                                used in the audit and to determine 
                                whether and when the audit of each 
                                election contest is complete.
                                    ``(VII) Rules and procedures for 
                                testing any software used to conduct 
                                risk-limiting audits.
                    ``(B) Public report.--
                            ``(i) In general.--After the completion of 
                        the risk-limiting audit and at least 5 days 
                        before the election contest is certified, the 
                        State shall publish a report on the results of 
                        the audit, together with such information as 
                        necessary to confirm that the audit was 
                        conducted properly.
                            ``(ii) Format of data.--All data published 
                        with the report under clause (i) shall be 
                        published in machine-readable, open data 
                        formats.
                            ``(iii) Protection of anonymity of votes.--
                        Information and data published by the State 
                        under this subparagraph shall not compromise 
                        the anonymity of votes.
    ``(c) Effective Date.--Each State and jurisdiction shall be 
required to comply with the requirements of this section for the first 
regularly scheduled election for Federal office held more than 1 year 
after the date of the enactment of the Protecting American Votes and 
Elections Act of 2019, and for each subsequent election for Federal 
office.''.
    (b) Conforming Amendments Related to Enforcement.--Section 401 of 
such Act (52 U.S.C. 21111) is amended by striking ``and 303'' and 
inserting ``303, and 303A''.
    (c) Clerical Amendment.--The table of contents for such Act is 
amended by inserting after the item relating to section 303 the 
following new item:

``Sec. 303A. Risk-limiting audits.''.

SEC. 4. ENHANCEMENT OF ENFORCEMENT OF HELP AMERICA VOTE ACT OF 2002.

    (a) In General.--Section 401 of the Help America Vote Act of 2002 
(52 U.S.C. 21111), as amended by section 3(b), is amended--
            (1) by striking ``The Attorney General'' and inserting 
        ``(a) In General.--The Attorney General''; and
            (2) by adding at the end the following new subsections:
    ``(b) Availability of Private Right of Action.--Any person who is 
aggrieved by a violation of section 301 or 303A which has occurred, is 
occurring, or is about to occur after the date that is 6 years after 
the date of the enactment of the Protecting American Votes and 
Elections Act of 2019 may file an action under section 1979 of the 
Revised Statutes of the United States (42 U.S.C. 1983) to enforce the 
requirements under such section.
    ``(c) No Effect on State Procedures.--Nothing in this section may 
be construed to affect the availability of the State-based 
administrative complaint procedures required under section 402 to any 
person filing a complaint under this subsection.''.
    (b) Use of Protection and Advocacy System Grants for Disability 
Access Enforcement.--Section 292(a) of the Help America Vote Act of 
2002 (52 U.S.C. 21062(a)) is amended by striking ``; except that'' and 
all that follows and inserting a period.

SEC. 5. FINANCIAL ASSISTANCE TO STATES.

    (a) In General.--
            (1) Additional grant programs.--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--PAYMENTS TO STATES FOR REPLACEMENT VOTING DEVICES

``SEC. 297. REPLACEMENT OF PAPERLESS VOTING SYSTEMS.

    ``(a) In General.--Not later than 45 days after the date of the 
enactment of this part, the Commission shall establish a program under 
which the Commission shall make a payment under this part to each 
eligible State.
    ``(b) Use of Funds.--
            ``(1) In general.--A State shall use the funds provided 
        under a payment under this section to replace nonqualified 
        voting systems with a voting system that--
                    ``(A) uses optical scanning devices that meet the 
                requirements of section 301(a)(7) to read and tabulate 
                votes;
                    ``(B) is capable of facilitating the requirements 
                for risk-limiting audits under section 303A; and
                    ``(C) meets such minimum security standards as 
                established by the Director of Cybersecurity and 
                Infrastructure Security under section 2215 of the 
                Homeland Security Act.
            ``(2) Limitation.--A State may not use the funds provided 
        under a payment made under this section to acquire any 
        electronic device that a voter can use to mark a paper ballot.
    ``(c) Deadline.--A State receiving a payment under the program 
under this section shall ensure that all nonqualified voting systems in 
the eligible State have been replaced before the first regularly 
scheduled general election for Federal office held more than 1 year 
after the date of the enactment of the Protecting American Votes and 
Elections Act of 2019.
    ``(d) Eligible State.--
            ``(1) In general.--For purposes of this section, the term 
        `eligible State' means any State that--
                    ``(A) has precincts within the State that used a 
                nonqualified voting system to record votes in the 
                regularly scheduled general election for Federal office 
                held in November 2018; and
                    ``(B) submits to the Commission a notice not later 
                than the date that is 6 months after the date of the 
                enactment of this part (in such form as the Commission 
                may require) that contains--
                            ``(i) an estimate of the cost of replacing 
                        nonqualified voting systems within the State 
                        with voting systems described in subsection 
                        (b);
                            ``(ii) certifications that the State will 
                        use the payment to replace such nonqualified 
                        voting systems by the deadline described in 
                        subsection (c);
                            ``(iii) certifications that the State will 
                        continue to comply with the laws described in 
                        section 906;
                            ``(iv) certifications that the replacement 
                        voting systems will meet the requirements of 
                        subsection (b); and
                            ``(v) such other information and 
                        certifications as the Commission may require 
                        which are necessary for the administration of 
                        the program.
            ``(2) Compliance of states that require changes to state 
        law.--In the case of a State that requires State legislation to 
        carry out an 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.
    ``(e) Amount of Payment.--
            ``(1) In general.--The amount of funds provided to a State 
        under a payment under this section shall be equal to the 
        product obtained by multiplying--
                    ``(A) the lesser of--
                            ``(i) total amount appropriated for 
                        payments pursuant to the authorization under 
                        subsection (g); or
                            ``(ii) the total amount of costs estimated 
                        by all eligible States on the notices submitted 
                        under subsection (d)(1)(B)(i); by
                    ``(B) the State allocation percentage for the 
                eligible State (as determined under paragraph (2)).
            ``(2) State allocation percentage.--The State allocation 
        percentage for any eligible State is the amount (expressed as a 
        percentage) equal to the quotient obtained by dividing--
                    ``(A) the total voting age population of all 
                eligible States (as reported in the most recent 
                decennial census); by
                    ``(B) the voting age population of the eligible 
                State (as reported in the most recent decennial 
                census).
    ``(f) Nonqualified Voting System.--For purposes of this section, 
the term `nonqualified voting system' means any voting system that does 
not use individual, durable, voter-verifiable paper ballots meeting the 
requirements of section 301(a)(2) (other than for purposes of meeting 
the accessibility requirements of section 301(a)(3)).
    ``(g) Authorization of Appropriations.--
            ``(1) In general.--There is authorized to be appropriated 
        to the Commission to carry out this section $500,000,000 for 
        fiscal year 2019.
            ``(2) Authorization of appropriations for commission.--In 
        addition to the amounts authorized under paragraph (1), there 
        are authorized to be appropriated to the Commission such sums 
        as may be necessary to administer the programs under this part.

``SEC. 297A. ACQUISITION OF ACCESSIBLE BALLOT MARKING DEVICES FOR 
              VOTERS WITH DISABILITIES.

    ``(a) In General.--The Commission shall pay to States the amount of 
eligible accessible ballot marking device costs.
    ``(b) Eligible Accessible Ballot Marking Device Costs.--
            ``(1) In general.--For purposes of this section, the term 
        `eligible accessible ballot marking device costs' means costs 
        paid or incurred by a State or local government to acquire an 
        accessible ballot marking device.
            ``(2) Accessible ballot marking device defined.--For 
        purposes of this section, the term `accessible ballot marking 
        device' means a ballot marking device that is used by the State 
        or local government exclusively to comply with the requirements 
        of section 301(a)(3) (as applied to elections for Federal 
        office occurring after the date that is 6 years after the date 
        of the enactment of the Protecting American Votes and Elections 
        Act of 2019).
    ``(c) Payments.--
            ``(1) Limitations.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), the Commission shall not pay eligible 
                accessible ballot marking device costs with respect to 
                more than 1 accessible ballot marking device in any 
                precinct.
                    ``(B) Exception.--The Commission may pay for more 
                than 1 accessible ballot marking device in any precinct 
                if the State demonstrates the need for more accessible 
                ballot marking devices in such precinct due to the 
                number of voters with disabilities voting in such 
                precinct compared to other precincts.
            ``(2) Rules and procedures.--The Commission shall establish 
        rules and procedures for submission of eligible accessible 
        ballot marking device costs for payments under this section.
            ``(3) Insufficient funds.--In any case in which the amounts 
        appropriated under subsection (d) are insufficient to pay all 
        eligible accessible ballot marking device costs submitted by 
        States with respect to any Federal election, the amount of such 
        costs paid under subsection (a) to any State shall be equal to 
        the amount that bears the same ratio to the amount which would 
        be paid to such State (determined without regard to this 
        paragraph) as--
                    ``(A) the number of individuals who voted in such 
                Federal election in such State; bears to
                    ``(B) the total number of individuals who voted in 
                such Federal election in all States submitting a claim 
                for eligible accessible ballot marking device costs.
    ``(d) Authorization of Appropriations.--
            ``(1) In general.--There is hereby authorized to be 
        appropriated to the Commission to carry out this section 
        $250,000,000 for fiscal years 2019 through 2025.
            ``(2) Availability.--Any amounts appropriated pursuant to 
        paragraph (1) shall remain available without fiscal year 
        limitation until expended.

            ``PART 8--FUNDING FOR BALLOT DESIGN AND PRINTING

``SEC. 298. PAYMENTS FOR BALLOT DESIGN AND PRINTING.

    ``(a) In General.--The Commission shall pay to States the amount of 
eligible ballot design and printing costs.
    ``(b) Eligible Design and Printing Costs.--For purposes of this 
section, the term `eligible ballot design and printing costs' means, 
with respect to any State, costs paid or incurred by the State or any 
local government within the State for the design and printing of any 
ballot that--
            ``(1) is used in an election for Federal office occurring 
        after the date of the enactment of this part; and
            ``(2) meets such minimum standards for usability and 
        accessibility as established by the Commission, in consultation 
        with the Director of the National Institute of Standards and 
        Technology, for purposes of this section.
    ``(c) Special Rules.--
            ``(1) Rules and procedures.--The Commission shall establish 
        rules and procedures for submission of eligible ballot design 
        and printing costs for payments under this section.
            ``(2) Insufficient funds.--In any case in which the amounts 
        appropriated under subsection (d) are insufficient to pay all 
        eligible ballot design and printing costs submitted by States 
        with respect to any Federal election, the amount of such costs 
        paid under subsection (a) to any State shall be equal to the 
        amount that bears the same ratio to the amount which would be 
        paid to such State (determined without regard to this 
        paragraph) as--
                    ``(A) the number of individuals who voted in such 
                Federal election in such State; bears to
                    ``(B) the total number of individuals who voted in 
                such Federal election in all States submitting a claim 
                for eligible ballot design and printing costs.
    ``(d) Authorization of Appropriations.--
            ``(1) In general.--There is hereby authorized to be 
        appropriated to the Commission such sums as are necessary to 
        carry out this part.
            ``(2) Availability.--Any amounts appropriated pursuant to 
        paragraph (1) shall remain available without fiscal year 
        limitation until expended.

        ``PART 9--FUNDING FOR POST-ELECTION RISK-LIMITING AUDITS

``SEC. 299. PAYMENTS FOR POST-ELECTION RISK-LIMITING AUDITS.

    ``(a) In General.--The Commission shall pay to States the amount of 
eligible post-election audit costs.
    ``(b) Eligible Post-Election Audit Costs.--For purposes of this 
section, the term `eligible post-election audit costs' means, with 
respect to any State, costs paid or incurred by the State or local 
government within the State for--
            ``(1) the conduct of any risk-limiting audit (as defined in 
        section 303A) with respect to an election for Federal office 
        occurring after the date of the enactment of this part; and
            ``(2) any equipment, software, or services necessary for 
        the conduct of any such risk-limiting audit.
    ``(c) Special Rules.--
            ``(1) Rules and procedures.--The Commission shall establish 
        rules and procedures for submission of eligible post-election 
        audit costs for payments under this section.
            ``(2) Insufficient funds.--In any case in which the amounts 
        appropriated under subsection (d) are insufficient to pay all 
        eligible post-election audit costs submitted by States with 
        respect to any Federal election, the amount of such costs paid 
        under subsection (a) to any State shall be equal to the amount 
        that bears the same ratio to the amount which would be paid to 
        such State (determined without regard to this paragraph) as--
                    ``(A) the number of individuals who voted in such 
                Federal election in such State; bears to
                    ``(B) the total number of individuals who voted in 
                such Federal election in all States submitting a claim 
                for eligible post-election audit costs.
    ``(d) Authorization of Appropriations.--
            ``(1) In general.--There is hereby authorized to be 
        appropriated to the Commission such sums as are necessary to 
        carry out this part.
            ``(2) Availability.--Any amounts appropriated pursuant to 
        paragraph (1) shall remain available without fiscal year 
        limitation until expended.''.
            (2) Clerical amendment.--The table of contents for the Help 
        America Vote Act of 2002 (52 U.S.C. 30101 et seq.) is amended 
        by inserting after the item related to section 296 the 
        following:

      ``Part 7--Payments to States for Replacement Voting Devices

``Sec. 297. Replacement of paperless voting systems.
``Sec. 297A. Acquisition of accessible ballot marking devices for 
                            voters with disabilities.
            ``Part 8--Funding for Ballot Design and Printing

``Sec. 298. Payments for ballot design and printing.
        ``Part 9--Funding for Post-Election Risk-Limiting Audits

``Sec. 299. Payments for post-election risk-limiting audits.''.
    (b) Modifications to Protection and Advocacy System Grants.--
Section 291(b) of the Help America Vote Act of 2002 (52 U.S.C. 
21061(b)) is amended--
            (1) by striking ``as set forth in subsections (c)(3)'' and 
        inserting ``as set forth in subsections (c)(1)(B) (regardless 
        of the fiscal year), (c)(3)''; and
            (2) by striking ``except that'' and all that follows and 
        inserting ``except that the amount of the grants to systems 
        referred to in subsection (c)(3)(B) of that section shall not 
        be less than $70,000 and the amount of the grants to systems 
        referred to in subsections (c)(1)(B) and (c)(4)(B) of that 
        section shall not be less than $35,000.''.

SEC. 6. CYBERSECURITY REQUIREMENTS FOR AND TESTING AND CERTIFICATION OF 
              VOTING SYSTEMS.

    (a) In General.--Subtitle A of title XXII of the Homeland Security 
Act of 2002 (6 U.S.C. 651 et seq.) is amended by adding at the end the 
following:

``SEC. 2215. MANDATORY CYBERSECURITY REQUIREMENTS FOR SYSTEMS USED IN 
              FEDERAL ELECTIONS.

    ``Not later than 180 days after the date of enactment of Protecting 
American Votes and Elections Act of 2019, the Secretary, acting through 
the Director, shall promulgate rules establishing minimum cybersecurity 
requirements for the use in Federal elections of--
            ``(1) optical scanning devices (within the meaning of 
        section 301(a)(7) of the Help America Vote Act of 2002);
            ``(2) ballot marking devices (within the meaning of section 
        301(a)(10) of such Act);
            ``(3) election management systems, including those systems 
        used--
                    ``(A) to configure optical scanning devices and 
                ballot marking devices;
                    ``(B) to aggregate election results; and
                    ``(C) to design paper ballots;
            ``(4) electronic poll books;
            ``(5) any government database, website, or associated 
        information system used by voters or government agencies for 
        voter registration (including the management of voter 
        registration status);
            ``(6) systems used to deliver or publish election results; 
        and
            ``(7) such other components of voting systems (as defined 
        in section 301(b) of such Act) as is determined appropriate by 
        the Director.

``SEC. 2216. TESTING AND CERTIFICATION OF BALLOT MARKING AND OPTICAL 
              SCANNING DEVICE CYBERSECURITY.

    ``(a) In General.--Any State or jurisdiction which intends to use a 
ballot marking device or an optical scanning device in an election for 
Federal office may submit an application to the Director for 
cybersecurity testing and certification of the hardware and software of 
such device under this section.
    ``(b) Application, Assignment, and Testing.--
            ``(1) Assignment.--
                    ``(A) In general.--Upon receipt of an application 
                for testing under this section, the Director, in 
                consultation with the Director of the National 
                Institute of Standards and Technology, shall contract 
                with a qualified laboratory for the testing of whether 
                the ballot marking device or optical scanning device 
                intended to be used by the State or jurisdiction, as 
                the case may be, meets the requirements of section 
                301(a)(7)(B) of the Help America Vote Act of 2002.
                    ``(B) Optional testing of state requirements.--In 
                the case of a ballot marking device or optical scanning 
                device for which the source code has been published 
                under an open source license, the contract under 
                subparagraph (A) shall also include, at the request of 
                any State or jurisdiction, testing of whether such 
                device meets any applicable requirements of the State 
                or jurisdiction.
            ``(2) Requirements for testing.--Any contract described in 
        paragraph (1) shall require the qualified research laboratory 
        to--
                    ``(A) not later than 30 days before testing begins, 
                submit to the Director for approval the protocol for 
                the simulated election scenario used for testing the 
                security of the ballot marking device or optical 
                scanning device, as the case may be;
                    ``(B) use only protocols approved by the Director 
                in conducting such security testing; and
                    ``(C) submit to the Director a report on the 
                results of the security testing.
            ``(3) Qualified research laboratory.--For purposes of this 
        section, the term `qualified research laboratory' means a 
        laboratory accredited under this subsection by the Director, in 
        consultation with the Director of the National Institute of 
        Standards and Technology.
    ``(c) Reporting and Certification.--The Director shall--
            ``(1) publish on the website of the Cybersecurity and 
        Infrastructure Security Agency the results of the testing 
        conducted under subsection (b); and
            ``(2) certify a ballot marking device or optical scanning 
        device if the ballot marking device or optical scanning device, 
        as the case may be, is determined by the qualified research 
        laboratory to meet the requirements of section 301(a)(7)(B) of 
        the Help America Vote Act of 2002.
    ``(d) Prohibition on Fees.--The Director may not charge any fee to 
a State or jurisdiction, a developer or manufacturer of a ballot 
marking device or optical scanning device, or any other person in 
connection with testing and certification under this section (including 
any testing conducted under subsection (b)(1)(B)).''.
    (b) Conforming Amendment.--The table of contents in section 1(b) of 
the Homeland Security Act of 2002 (Public Law 107-296; 116 Stat. 2135) 
is amended by inserting after the item relating to section 2214 the 
following:

``Sec. 2215. Mandatory cybersecurity requirements for systems used in 
                            Federal elections.
``Sec. 2216. Testing and certification of ballot marking and optical 
                            scanning device cybersecurity.''.

SEC. 7. VOTING SYSTEM CYBERSECURITY REQUIREMENTS.

    (a) Ballot Tabulating Devices.--Section 301(a) of the Help America 
Vote Act of 2002 (52 U.S.C. 21081(a)) is amended by adding at the end 
the following new paragraph:
            ``(7)  Ballot tabulating methods.--
                    ``(A) In general.--The voting system tabulates 
                ballots by hand or through the use of an optical 
                scanning device that meets the requirements of 
                subparagraph (B).
                    ``(B) Requirements for optical scanning devices.--
                Except as provided in subparagraph (C), the 
                requirements of this subparagraph are as follows:
                            ``(i) The device is designed and built in a 
                        manner in which it is mechanically impossible 
                        for the device to add or change the vote 
                        selections on a printed or marked ballot.
                            ``(ii) The device is capable of exporting 
                        its data (including vote tally data sets and 
                        cast vote records) in a machine-readable, open 
                        data standard format required by the 
                        Commission, in consultation with the Director 
                        of the National Institute of Standards and 
                        Technology.
                            ``(iii) The device consists of hardware 
                        that--
                                    ``(I) is certified under section 
                                2216 of the Homeland Security Act; and
                                    ``(II) demonstrably conforms to a 
                                hardware component manifest describing 
                                point-of-origin information (including 
                                upstream hardware supply chain 
                                information for each component) that--
                                            ``(aa) has been provided to 
                                        the Commission, the Director of 
                                        Cybersecurity and 
                                        Infrastructure Security, and 
                                        the chief State election 
                                        official for each State in 
                                        which the device is used; and
                                            ``(bb) may be shared by any 
                                        entity to whom it has been 
                                        provided under item (aa) with 
                                        independent experts for 
                                        cybersecurity analysis.
                            ``(iv) The device utilizes technology that 
                        prevents the operation of the device if any 
                        hardware components do not meet the 
                        requirements of clause (iii).
                            ``(v) The device operates using software--
                                    ``(I) for which the source code, 
                                system build tools, and compilation 
                                parameters--
                                            ``(aa) have been provided 
                                        to the Commission, the Director 
                                        of Cybersecurity and 
                                        Infrastructure Security, and 
                                        the chief State election 
                                        official for each State in 
                                        which the device is used; and
                                            ``(bb) may be shared by any 
                                        entity to whom it has been 
                                        provided under item (aa) with 
                                        independent experts for 
                                        cybersecurity analysis; and
                                    ``(II) that is certified under 
                                section 2216 of the Homeland Security 
                                Act.
                            ``(vi) The device utilizes technology that 
                        prevents the running of software on the device 
                        that does not meet the requirements of clause 
                        (v).
                            ``(vii) The device utilizes technology that 
                        enables election officials, cybersecurity 
                        researchers, and voters to verify that the 
                        software running on the device--
                                    ``(I) was built from a specific, 
                                untampered version of the code that is 
                                described in clause (v); and
                                    ``(II) uses the system build tools 
                                and compilation parameters that are 
                                described in clause (v).
                            ``(viii) The device contains such other 
                        security requirements as the Director of 
                        Cybersecurity and Infrastructure Security 
                        requires.
                    ``(C) Waiver.--
                            ``(i) In general.--The Director of 
                        Cybersecurity and Infrastructure Security, in 
                        consultation with the Director of the National 
                        Institute of Standards and Technology, may 
                        waive one or more of the requirements of 
                        subparagraph (B) (other than the requirement of 
                        clause (i) thereof) with respect to any device 
                        for a period of not to exceed 2 years.
                            ``(ii) Publication.--Information relating 
                        to any waiver granted under clause (i) shall be 
                        made publicly available on the Internet.
                    ``(D) Effective date.--Each State and jurisdiction 
                shall be required to comply with the requirements of 
                this paragraph for the regularly scheduled election for 
                Federal office in November 2024, and for each 
                subsequent election for Federal office.''.
    (b) Other Cybersecurity Requirements.--Section 301(a) of the Help 
America Vote Act of 2002 (52 U.S.C. 21081(a)), as amended by subsection 
(a), is amended by adding at the end the following new paragraphs:
            ``(8) Prohibition of use of wireless communications devices 
        in systems or devices.--
                    ``(A) In general.--No system or device upon which 
                ballot marking devices or optical scanners are 
                configured, upon which ballots are marked by voters 
                (except as necessary for individuals with disabilities 
                to use ballot marking devices that meet the 
                accessibility requirements of paragraph (3)), or upon 
                which votes are cast, tabulated, or aggregated shall 
                contain, use, or be accessible by any wireless, power-
                line, or concealed communication device.
                    ``(B) Effective date.--Each State and jurisdiction 
                shall be required to comply with the requirements of 
                this paragraph for the regularly scheduled election for 
                Federal office in November 2020, and for each 
                subsequent election for Federal office.
            ``(9) Prohibiting connection of system to the internet.--
                    ``(A) In general.--No system or device upon which 
                ballot marking devices or optical scanners are 
                configured, upon which ballots are marked by voters, or 
                upon which votes are cast, tabulated, or aggregated 
                shall be connected to the Internet or any non-local 
                computer system via telephone or other communication 
                network at any time.
                    ``(B) Effective date.--Each State and jurisdiction 
                shall be required to comply with the requirements of 
                this paragraph for the regularly scheduled election for 
                Federal office in November 2020, and for each 
                subsequent election for Federal office.''.
    (c) Special Cybersecurity Rules for Certain Ballot Marking 
Devices.--
            (1) In general.--Section 301(a) of the Help America Vote 
        Act of 2002 (52 U.S.C. 21081(a)), as amended by subsections (a) 
        and (b), is amended by adding at the end the following new 
        paragraph:
            ``(10) Ballot marking devices.--
                    ``(A) In general.--In the case of a voting system 
                that uses a ballot marking device, the ballot marking 
                device shall be a device that--
                            ``(i) is not capable of tabulating votes;
                            ``(ii) except in the case of a ballot 
                        marking device used exclusively to comply with 
                        the requirements of paragraph (3), is certified 
                        in accordance with section 232 as meeting the 
                        requirements of subparagraph (B); and
                            ``(iii) is certified under section 2216 of 
                        the Homeland Security Act as meeting the 
                        requirements of clauses (iii) through (viii) of 
                        section 301(a)(7)(B).
                    ``(B) Requirements.--
                            ``(i) In general.--A ballot marking device 
                        meets the requirements of this subparagraph if, 
                        during a double-masked test conducted by a 
                        qualified independent user experience research 
                        laboratory (as defined in section 232(b)(4)) of 
                        a simulated election scenario which meets the 
                        requirements of clause (ii), there is less than 
                        a 5 percent chance that an ordinary voter using 
                        the device would not detect and report any 
                        difference between the vote selection printed 
                        on the ballot by the ballot marking device and 
                        the vote selection indicated by the voter.
                            ``(ii) Simulated election scenario.--A 
                        simulated election scenario meets the 
                        requirements of this clause if it is conducted 
                        with--
                                    ``(I) a pool of subjects that are--
                                            ``(aa) diverse in age, 
                                        gender, education, and physical 
                                        limitations; and
                                            ``(bb) representative of 
                                        the communities in which the 
                                        voting system will be used; and
                                    ``(II) ballots that are 
                                representative of ballots ordinarily 
                                used in the communities in which the 
                                voting system will be used.
                    ``(C) Effective date.--Each State and jurisdiction 
                shall be required to comply with the requirements of 
                this paragraph for the regularly scheduled election for 
                Federal office in November 2022, and for each 
                subsequent election for Federal office.''.
            (2) Procedure for testing.--
                    (A) In general.--Subtitle B of title II of the Help 
                America Vote Act of 2002 (52 U.S.C. 20971 et seq.) is 
                amended by adding at the end the following new section:

``SEC. 232. TESTING AND CERTIFICATION OF BALLOT MARKING DEVICES.

    ``(a) In General.--Any State or jurisdiction which intends to use a 
ballot marking device (other than a ballot marking device used 
exclusively to comply with the requirements of section 301(a)(3)) in an 
election for Federal office may submit an application to the Commission 
for testing and certification under this section.
    ``(b) Application, Assignment, and Testing.--
            ``(1) In general.--An application under subsection (a) 
        shall be submitted not later than 18 months before the date of 
        the election for Federal office in which the ballot marking 
        device is intended to be used and shall contain such 
        information as the Commission requires.
            ``(2) Assignment.--Upon receipt of an application for 
        testing under this section, the Commission shall contract with 
        a qualified independent user experience research laboratory for 
        the testing of whether the ballot marking device intended to be 
        used by the State or jurisdiction meets the requirements of 
        section 301(a)(10)(B).
            ``(3) Requirements for testing.--Any contract described in 
        paragraph (2) shall require the qualified independent user 
        experience research laboratory to--
                    ``(A) not later than 30 days before testing begins, 
                submit to the Commission for approval the protocol for 
                the simulated election scenario used for testing the 
                ballot marking device;
                    ``(B) use only protocols approved by the Commission 
                in conducting such testing; and
                    ``(C) submit to the Commission a report on the 
                results of the testing.
            ``(4) Qualified independent user experience research 
        laboratory.--For purposes of this section:
                    ``(A) In general.--The term `qualified independent 
                user experience research laboratory' means a laboratory 
                accredited under this subsection by the Election 
                Assistance Commission in accordance with standards 
                determined by the Commission, in consultation with the 
                Director of the National Institute of Standards and 
                Technology and the Secretary of Homeland Security.
                    ``(B) Criteria.--A laboratory shall not be 
                accredited under this subsection unless such laboratory 
                demonstrates that--
                            ``(i) no employee of, or individual with an 
                        ownership in, such laboratory has, or has had 
                        during the 5 preceding years, any financial 
                        relationship with a manufacturer of voting 
                        systems; and
                            ``(ii) any group of individuals conducting 
                        tests under this section collectively meet the 
                        following qualifications:
                                    ``(I) Experience designing and 
                                running user research studies and 
                                experiments using both qualitative and 
                                quantitative methodologies.
                                    ``(II) Experience with voting 
                                systems.
    ``(c) Review by Independent Board.--
            ``(1) In general.--The Commission shall submit for approval 
        to an independent review board established under paragraph (3) 
        the following:
                    ``(A) Any protocol submitted to the Commission 
                under subsection (b)(3)(A).
                    ``(B) Any report submitted to the Commission under 
                subsection (b)(3)(C).
            ``(2) Final approval.--Not later than the date that is 12 
        months before the date of the election for Federal office in 
        which a State or jurisdiction intends to use the ballot marking 
        device, the independent review board shall report to the 
        Commission on whether it has approved a report submitted under 
        paragraph (1)(B).
            ``(3) Independent review board.--
                    ``(A) In general.--An independent review board 
                established under this paragraph shall be composed of 5 
                independent scientists appointed by the Commission, in 
                consultation with the Director of the National 
                Institute of Standards and Technology.
                    ``(B) Qualifications.--The members of the 
                independent review board--
                            ``(i) shall have expertise and relevant 
                        peer-reviewed publications in the following 
                        fields: cognitive psychology, experimental 
                        design, statistics, and user experience 
                        research and testing; and
                            ``(ii) may not have, or have had during the 
                        5 preceding years, any financial relationship 
                        with a manufacturer of voting systems.
            ``(4) Publication.--The Commission shall make public--
                    ``(A) any protocol approved under this subsection;
                    ``(B) any report submitted under subsection 
                (b)(3)(C); and
                    ``(C) any determination made by an independent 
                review board under paragraph (2).
    ``(d) Certification.--If--
            ``(1) a ballot marking device is determined by the 
        qualified independent user experience research laboratory to 
        meet the requirements of section 301(a)(7); and
            ``(2) the report submitted under subsection (b)(3)(C) is 
        approved by a majority of the members of the independent review 
        board under subsection (d)(2),
then the Commission shall certify the ballot marking device.
    ``(e) Prohibition on Fees.--The Commission may not charge any fee 
to a State or jurisdiction, a developer or manufacturer of a ballot 
marking device, or any other person in connection with testing and 
certification under this section.''.
                    (B) Conforming amendments.--
                            (i) Section 202(2) of the Help America Vote 
                        Act of 2002 (52 U.S.C. 20922(2)) is amended by 
                        inserting ``and ballot marking devices'' after 
                        ``hardware and software'').
                            (ii) The heading for subtitle B of title II 
                        of such Act is amended by inserting ``; Ballot 
                        Marking Devices''.
                            (iii) The table of contents for the Help 
                        America Vote Act of 2002 (52 U.S.C. 30101 et 
                        seq.) is amended--
                                    (I) by inserting ``; Ballot Marking 
                                Devices'' at the end of the item 
                                relating to subtitle B of title II; and
                                    (II) by inserting after the item 
                                related to section 231 the following:

``Sec. 232. Testing and certification of ballot marking devices.''.

SEC. 8. BALLOT CYBERSECURITY, CONFIDENTIALITY, AND ACCESS 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)), as amended by section 2(b)(1), is 
amended to read as follows:
                    ``(B)(i) satisfy the requirement of subparagraph 
                (A) through the use of at least 1 voting system at each 
                polling place that--
                            ``(I) is equipped for individuals with 
                        disabilities, including nonvisual and enhanced 
                        visual accessibility for the blind and visually 
                        impaired, and contains features to support 
                        enhanced manual accessibility for the mobility 
                        and dexterity impaired;
                            ``(II) in the case of any election for 
                        Federal office occurring after the date that is 
                        6 years after the date of the enactment of the 
                        Protecting American Votes and Elections Act of 
                        2019--
                                    ``(aa) marks ballots that are 
                                identical in size, ink, and paper stock 
                                to those ballots that would be marked 
                                by hand or a ballot marking device used 
                                by voters who do not have accessibility 
                                needs;
                                    ``(bb) marks the ballot in such a 
                                way that someone examining the ballot 
                                will not be able to readily determine 
                                whether the ballot was marked by hand 
                                or machine; and
                                    ``(cc) combines ballots produced by 
                                the voting system with ballots marked 
                                by voters using other types of voting 
                                systems used by the State or 
                                jurisdiction in a way that prevents 
                                identification of which ballots were 
                                cast using each voting system; and
                            ``(III) is made available for use by any 
                        voter who requests to use it; and
                    ``(ii) in the case of any election for Federal 
                office occurring after the date that is 6 years after 
                the date of the enactment of the Protecting American 
                Votes and Elections Act of 2019, meet the requirements 
                of subparagraph (A) and paragraph (2)(A) by using a 
                system that allows the voter to privately and 
                independently verify the accuracy of 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 tabulation or auditing; and''.
    (b) Clarification With Respect to Application of Requirement to 
Ballots Marked at Home.--Section 301(a)(3) of such Act (52 U.S.C. 
21081(a)(3)) is amended by adding at the end the following new flush 
sentence:
        ``Nothing in subparagraph (B) shall be construed to prohibit 
        the use of an accessible ballot that may be printed or marked 
        by the voter at home.''.

SEC. 9. APPLICATION OF HELP AMERICA VOTE ACT TO NORTHERN MARIANA 
              ISLANDS.

    Section 901 of the Help America Vote Act of 2002 (52 U.S.C. 21141) 
is amended by striking ``and the United States Virgin Islands'' and 
inserting ``the United States Virgin Islands, and the Northern Mariana 
Islands''.

SEC. 10. BIENNIAL REPORTS ON ELECTION SECURITY.

    (a) In General.--
            (1) Biennial report.--Not later than September 20 of each 
        odd numbered year the Secretary of the Department of Homeland 
        Security shall submit to the appropriate congressional 
        committees a report on the security of Federal elections.
            (2) Supplemental reports.--The Secretary of Homeland 
        Security may submit to the appropriate congressional committees 
        periodic updates to the most recently filed report under 
        paragraph (1).
            (3) Consultation.--In preparing any report under this 
        section, the Secretary of Homeland Security shall consult with 
        the Director of National Intelligence, the Secretary of 
        Defense, and the Election Assistance Commission.
    (b) Matters Included.--Reports under subsection (a) shall include 
the following:
            (1) A list of States and jurisdictions that have received 
        training, advice, and other cybersecurity assistance from the 
        Department of Homeland Security.
            (2) An inventory of the election equipment (hardware and 
        software versions) that was used in each election precinct to 
        conduct each election for Federal office during the period 
        covered by the report.
            (3) A list of known, unpatched security vulnerabilities in 
        election equipment that was used in each election precinct to 
        conduct each election for Federal office during the period 
        covered by the report.
            (4) Statistics about cyber attack attempts detected by 
        States or the Federal Government against State election 
        infrastructure during the period covered by the report.
            (5) Incident reports from cyber attacks that required 
        remediation during the period covered by the report.
            (6) A full assessment of the security of Federal elections 
        during the period covered by the report.
            (7) An assessment of Federal and State cyber-security 
        efforts to prepare for future Federal elections, together with 
        any recommendations on further actions with respect to such 
        efforts.
The Secretary of Homeland Security may modify reports provided under 
paragraph (5) to anonymize any information that would reveal the 
identity of the victim of such cyber attack if such revelation would 
disrupt the relationship between the Department of Homeland Security 
and a State or jurisdiction.
    (c) Treatment of Classified Material.--Reports submitted under this 
section shall be submitted in unclassified form, but may include a 
classified annex.
    (d) Appropriate Congressional Committees.--For purposes of this 
section, the term ``appropriate congressional committees'' means--
            (1) the Committee on Rules and Administration, the 
        Committee on Homeland Security and Governmental Affairs, the 
        Select Committee on Intelligence, and the Committee on 
        Appropriations of the Senate; and
            (2) the Committee on House Administration, the Committee on 
        Homeland Security, the Permanent Select Committee on 
        Intelligence, and the Committee on Appropriations of the House 
        of Representatives.
                                 <all>