[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 2238 Introduced in Senate (IS)]
<DOC>
116th CONGRESS
1st Session
S. 2238
To protect elections for public office by providing financial support
and enhanced security for the infrastructure used to carry out such
elections, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 23, 2019
Ms. Klobuchar (for herself and Mr. Wyden) introduced the following
bill; which was read twice and referred to the Committee on Rules and
Administration
_______________________________________________________________________
A BILL
To protect elections for public office by providing financial support
and enhanced security for the infrastructure used to carry out such
elections, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Securing America's
Federal Elections Act'' or the ``SAFE Act''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--FINANCIAL SUPPORT FOR ELECTION INFRASTRUCTURE
Subtitle A--Voting System Security Improvement Grants
Part 1--Promoting Accuracy, Integrity, and Security Through Voter-
Verifiable Permanent Paper Ballot
Sec. 101. Short title.
Sec. 102. Paper ballot and manual counting requirements.
Sec. 103. Accessibility and ballot verification for individuals with
disabilities.
Sec. 104. Durability and readability requirements for ballots.
Sec. 105. Paper ballot printing requirements.
Sec. 106. Updated study and report on optimal ballot design.
Sec. 107. Effective date for new requirements.
Part 2--Grants To Carry Out Improvements
Sec. 111. Grants for obtaining compliant paper ballot voting systems
and carrying out voting system security
improvements.
Sec. 112. Grants for accessible ballot marking devices.
Sec. 113. Grants for ballot design and printing.
Sec. 114. Coordination of voting system security activities with use of
requirements payments and election
administration requirements under Help
America Vote Act of 2002.
Sec. 115. Incorporation of definitions.
Subtitle B--Risk-Limiting Audits
Sec. 121. Risk-limiting audits.
Sec. 122. Funding for conducting post-election risk-limiting audits.
Sec. 123. GAO analysis of effects of audits.
TITE II--PROMOTING CYBERSECURITY THROUGH IMPROVEMENTS IN ELECTION
ADMINISTRATION
Sec. 201. Cybersecurity requirements for and testing and certification
of voting systems.
Sec. 202. Voting system cybersecurity requirements.
Sec. 203. Testing of existing voting systems to ensure compliance with
election cybersecurity guidelines and other
guidelines.
Sec. 204. Requiring use of software and hardware for which information
is disclosed by manufacturer.
Sec. 205. Treatment of electronic poll books as part of voting systems.
Sec. 206. Pre-election reports on voting system usage.
Sec. 207. Streamlining collection of election information.
TITLE III--USE OF VOTING MACHINES MANUFACTURED IN THE UNITED STATES
Sec. 301. Use of voting machines manufactured in the United States.
TITLE IV--SEVERABILITY
Sec. 401. Severability.
TITLE I--FINANCIAL SUPPORT FOR ELECTION INFRASTRUCTURE
Subtitle A--Voting System Security Improvement Grants
PART 1--PROMOTING ACCURACY, INTEGRITY, AND SECURITY THROUGH VOTER-
VERIFIABLE PERMANENT PAPER BALLOT
SEC. 101. SHORT TITLE.
This subtitle may be cited as the ``Voter Confidence and Increased
Accessibility Act of 2019''.
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-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
selections that shall be marked and
made available for inspection and
verification by the voter before the
voter's ballot is cast and counted. 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 marked through the use of a
nontabulating 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 counted 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 ballot
tabulation devices, 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 record of
the voter's vote selections without the
voter's consent.
``(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 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.--
``(I) Each paper ballot used
pursuant to clause (i) shall be counted
by hand in any recount 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-
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 electronic vote tallies and
the vote tallies determined by counting
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 and Federal
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) ensure that individuals with disabilities
and others are given an equivalent opportunity to vote,
including with privacy and independence, in a manner
that produces a voter-verifiable paper ballot as for
other voters;
``(ii) satisfy the requirement of subparagraph (A)
through the use of as many ballot marking devices at
each polling place as necessary (but not less than 1)
to reasonably accommodate the number of voters with
accessibility needs expected to vote at the polling
place) that--
``(I) is 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;
``(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
Securing America's Federal Elections Act--
``(aa) marks ballots that are
identical in size, ink, and paper stock
to those ballots that would either be
marked by hand or be marked by a ballot
marking device made generally available
to voters; and
``(bb) combines ballots produced by
any ballot marking devices reserved for
individuals with disabilities with
ballots that have either been marked by
voters by hand or marked by ballot
marking devices made generally
available to voters, in a way that
prevents identification of the ballots
that were cast using any ballot marking
device that was reserved for
individuals with disabilities; and
``(III) is made available for use by any
voter who requests to use it; and
``(iii) 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 Securing America's
Federal Elections Act, 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 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
``(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) 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.''.
(c) Requirement for Poll Workers To Inform Votes of Accessible
Voting Systems.--
(1) 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 301 the following new section:
``SEC. 301A. INFORMATION ON ACCESSIBLE VOTING SYSTEMS.
``(a) In General.--Every individual who votes in person in an
election for Federal office shall be informed by the individual
administering such election of--
``(1) the availability of accessible voting systems under
section 301(a)(3)(B); and
``(2) the right of the individual to use such voting
systems upon request.
``(b) Effective Date.--The requirements of this section shall apply
to elections for Federal office held in 2020 or any succeeding year.''.
(2) Clerical amendment.--The table of contents for such Act
is amended by inserting after the item relating to section 301
the following new item:
``Sec. 301A. Information on accessible voting systems.''.
(3) Conforming amendment relating to enforcement.--Section
401 of such Act (52 U.S.C. 21111) is amended by striking
``sections 301, 302, and 303'' and inserting ``subtitle A of
title III''.
(d) 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 three eligible entities
to study, test, and develop accessible paper ballot voting,
verification, and casting mechanisms and devices and best practices to
enhance the accessibility of paper ballot voting and verification
mechanisms for individuals with disabilities, for voters whose primary
language is not English, and for voters with difficulties in literacy,
including best practices for the mechanisms themselves and the
processes through which the mechanisms are used.
``(b) Eligibility.--An entity is eligible to receive a grant under
this part if it submits to the Director (at such time and in such form
as the Director may require) an application containing--
``(1) certifications that the entity shall specifically
investigate enhanced methods or devices, including non-
electronic devices, that will assist such individuals and
voters in marking voter-verifiable 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, 2020; and
``(3) such other information and certifications as the
Director may require.
``(c) Availability of Technology.--Any technology developed with
the grants made under this section shall be treated as non-proprietary
and shall be made available to the public, including to manufacturers
of voting systems.
``(d) Coordination With Grants for Technology Improvements.--The
Director shall carry out this section so that the activities carried
out with the grants made under subsection (a) are coordinated with the
research conducted under the grant program carried out by the
Commission under section 271, to the extent that the Director and
Commission determine necessary to provide for the advancement of
accessible voting technology.
``(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out subsection (a) $5,000,000, to remain
available until expended.''.
(2) Clerical amendment.--The table of contents of such Act
is amended--
(A) by redesignating the item relating to section
247 as relating to section 248; and
(B) by inserting after the item relating to section
246 the following new item:
``Sec. 247. Study and report on accessible paper ballot verification
mechanisms.''.
(e) Clarification of Accessibility Standards Under Voluntary Voting
System Guidance.--In adopting any voluntary guidance under subtitle B
of title III of the Help America Vote Act with respect to the
accessibility of the paper ballot verification requirements for
individuals with disabilities, the Election Assistance Commission shall
include and apply the same accessibility standards applicable under the
voluntary guidance adopted for accessible voting systems under such
subtitle.
(f) Permitting Use of Funds for Protection and Advocacy Systems To
Support Actions To Enforce Election-Related Disability Access.--Section
292(a) of the Help America Vote Act of 2002 (52 U.S.C. 21062(a)) is
amended by striking ``; except that'' and all that follows and
inserting a period.
SEC. 104. DURABILITY AND READABILITY REQUIREMENTS FOR BALLOTS.
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) Durability and readability requirements for
ballots.--
``(A) Durability requirements for paper ballots.--
``(i) In general.--All voter-verifiable
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-verifiable
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 a
ballot tabulation device or other device equipped for
individuals with disabilities.''.
SEC. 105. PAPER BALLOT PRINTING REQUIREMENTS.
(a) Requiring Paper Ballots To Be Printed on Recycled Paper
Manufactured in United States.--Section 301(a) of the Help America Vote
Act of 2002 (52 U.S.C. 21081(a)), as amended by section 104, is amended
by adding at the end the following new paragraph:
``(8) Printing requirements for ballots.--
``(A) In general.--All paper ballots used in an
election for Federal office shall be printed in the
United States on recycled paper manufactured in the
United States.
``(B) Exception.--If a State or jurisdiction that
certifies to the Commission that some or all of the
ballot marking devices or ballot tabulation devices
used in the State or jurisdiction in Federal elections
cannot process or retain ballots printed on recycled
paper, subparagraph (A) shall be applied to such State
or jurisdiction without regard to whether the ballot is
printed on recycled paper for any election for Federal
office during the period beginning on the date that is
60 days after such certification is made and ending on
the first date on which the State or jurisdiction
replaces such ballot marking devices or ballot
tabulation devices.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to elections occurring on or after January 1, 2021.
SEC. 106. UPDATED STUDY AND REPORT ON OPTIMAL BALLOT DESIGN.
(a) Study.--The Election Assistance Commission shall update any
studies conducted on ballot designs under section 241 of the Help
America Vote Act of 2002 (52 U.S.C. 20981). The updated study shall
include--
(1) designs for paper ballots and electronic or digital
ballots, including designs for user interfaces the primary
purpose of which is to assist in the casting of electronic or
digital ballots; and
(2) designs to minimize confusion and user errors.
(b) Report.--Not later than January 1, 2020, the Commission shall
submit the report required to be submitted under section 241(c) of the
Help America Vote Act of 2002 (52 U.S.C. 20981(c)) on the study
conducted under subsection (a).
SEC. 107. 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 section
105(b) of the Securing America's Federal Elections Act,
clauses (ii)(II) and (iii) of subsection (a)(3)(B), and
subparagraphs (B) and (C), the requirements of this
section which are first imposed on a State and
jurisdiction pursuant to the amendments made by the
Voter Confidence and Increased Accessibility Act of
2019 shall apply with respect to voting systems used
for any election for Federal office held in 2020 or any
succeeding year.
``(B) 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) or
(II) of subsection (a) (relating to the
use of voter-verifiable paper ballots).
``(II) Paragraph (7) 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 selections
verifiable by voters but that are not
in compliance with paragraphs
(2)(A)(i)(I), (2)(A)(i)(II), and (7) of
subsection (a) (as amended or added by
the Voter Confidence and Increased
Accessibility Act of 2019), 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 in years before 2022.
``(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 paper ballot which the individual
may mark by hand. 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 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 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).''.
PART 2--GRANTS TO CARRY OUT IMPROVEMENTS
SEC. 111. GRANTS FOR OBTAINING COMPLIANT PAPER BALLOT VOTING SYSTEMS
AND CARRYING OUT VOTING SYSTEM SECURITY IMPROVEMENTS.
(a) Availability of Grants.--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 OBTAINING COMPLIANT PAPER BALLOT VOTING SYSTEMS
AND CARRYING OUT VOTING SYSTEM SECURITY IMPROVEMENTS
``SEC. 297. GRANTS FOR OBTAINING COMPLIANT PAPER BALLOT VOTING SYSTEMS
AND CARRYING OUT VOTING SYSTEM SECURITY IMPROVEMENTS.
``(a) Availability and Use of Grant.--The Commission shall make a
grant to each eligible State--
``(1) to replace a voting system--
``(A) which does not meet the requirements which
are first imposed on the State pursuant to the
amendments made by the Voter Confidence and Increased
Accessibility Act of 2019 with a voting system which
does meet such requirements, for use in the regularly
scheduled general elections for Federal office held in
November 2020; or
``(B) which does meet such requirements but which
is not in compliance with the most recent voluntary
voting system guidelines issued by the Commission prior
to the regularly scheduled general election for Federal
office held in November 2020 with another system which
does meet such requirements and is in compliance with
such guidelines; and
``(2) to carry out voting system security improvements
described in section 297A with respect to the regularly
scheduled general elections for Federal office held in November
2020 and each succeeding election for Federal office.
``(b) Amount of Grant.--The amount of a grant made to a State under
this section shall be such amount as the Commission determines to be
appropriate, except that such amount may not be less than the product
of $1 and the average of the number of individuals who cast votes in
any of the two most recent regularly scheduled general elections for
Federal office held in the State.
``(c) Pro Rata Reductions.--If the amount of funds appropriated for
grants under this part is insufficient to ensure that each State
receives the amount of the grant calculated under subsection (b), the
Commission shall make such pro rata reductions in such amounts as may
be necessary to ensure that the entire amount appropriated under this
part is distributed to the States.
``(d) Surplus Appropriations.--If the amount of funds appropriated
for grants authorized under section 297D(a)(2) exceed the amount
necessary to meet the requirements of subsection (b), the Commission
shall consider the following in making a determination to award
remaining funds to a State:
``(1) The record of the State in carrying out the following
with respect to the administration of elections for Federal
office:
``(A) Providing voting machines that are less than
10 years old.
``(B) Implementing strong chain of custody
procedures for the physical security of voting
equipment and paper records at all stages of the
process.
``(C) Conducting pre-election testing on every
voting machine and ensuring that paper ballots are
available wherever electronic machines are used.
``(D) Maintaining offline backups of voter
registration lists.
``(E) Providing a secure voter registration
database that logs requests submitted to the database.
``(F) Publishing and enforcing a policy detailing
use limitations and security safeguards to protect the
personal information of voters in the voter
registration process.
``(G) Providing secure processes and procedures for
reporting vote tallies.
``(H) Providing a secure platform for disseminating
vote totals.
``(2) Evidence of established conditions of innovation and
reform in providing voting system security and the proposed
plan of the State for implementing additional conditions.
``(3) Evidence of collaboration between relevant
stakeholders, including local election officials, in developing
the grant implementation plan described in section 297B.
``(4) The plan of the State to conduct a rigorous
evaluation of the effectiveness of the activities carried out
with the grant.
``(e) Ability of Replacement Systems To Administer Ranked Choice
Elections.--To the greatest extent practicable, an eligible State which
receives a grant to replace a voting system under this section shall
ensure that the replacement system is capable of administering a system
of ranked choice voting under which each voter shall rank the
candidates for the office in the order of the voter's preference.
``SEC. 297A. VOTING SYSTEM SECURITY IMPROVEMENTS DESCRIBED.
``(a) Permitted Uses.--A voting system security improvement
described in this section is any of the following:
``(1) The acquisition of goods and services from qualified
election infrastructure vendors by purchase, lease, or such
other arrangements as may be appropriate.
``(2) Cyber and risk mitigation training.
``(3) A security risk and vulnerability assessment of the
State's election infrastructure which is carried out by a
provider of cybersecurity services under a contract entered
into between the chief State election official and the
provider.
``(4) The maintenance of election infrastructure, including
addressing risks and vulnerabilities which are identified under
either of the security risk and vulnerability assessments
described in paragraph (3), except that none of the funds
provided under this part may be used to renovate or replace a
building or facility which is used primarily for purposes other
than the administration of elections for public office.
``(5) Providing increased technical support for any
information technology infrastructure that the chief State
election official deems to be part of the State's election
infrastructure or designates as critical to the operation of
the State's election infrastructure.
``(6) Enhancing the cybersecurity and operations of the
information technology infrastructure described in paragraph
(4).
``(7) Enhancing the cybersecurity of voter registration
systems.
``(b) Qualified Election Infrastructure Vendors Described.--
``(1) In general.--For purposes of this part, a `qualified
election infrastructure vendor' is any person who provides,
supports, or maintains, or who seeks to provide, support, or
maintain, election infrastructure on behalf of a State, unit of
local government, or election agency, who meets the criteria
described in paragraph (2).
``(2) Criteria.--The criteria described in this paragraph
are such criteria as the Chairman, in coordination with the
Secretary of Homeland Security, shall establish and publish,
and shall include each of the following requirements:
``(A) The vendor must be owned and controlled by a
citizen or permanent resident of the United States.
``(B) The vendor must disclose to the Chairman and
the Secretary, and to the chief State election official
of any State to which the vendor provides any goods and
services with funds provided under this part, of any
sourcing outside the United States for parts of the
election infrastructure.
``(C) The vendor agrees to ensure that the election
infrastructure will be developed and maintained in a
manner that is consistent with the cybersecurity best
practices issued by the Technical Guidelines
Development Committee.
``(D) The vendor agrees to maintain its information
technology infrastructure in a manner that is
consistent with the cybersecurity best practices issued
by the Technical Guidelines Development Committee.
``(E) The vendor agrees to meet the requirements of
paragraph (3) with respect to any known or suspected
cybersecurity incidents involving any of the goods and
services provided by the vendor pursuant to a grant
under this part.
``(F) The vendor agrees to permit independent
security testing by the Commission (in accordance with
section 231(a)) and by the Secretary of the goods and
services provided by the vendor pursuant to a grant
under this part.
``(3) Cybersecurity incident reporting requirements.--
``(A) In general.--A vendor meets the requirements
of this paragraph if, upon becoming aware of the
possibility that an election cybersecurity incident has
occurred involving any of the goods and services
provided by the vendor pursuant to a grant under this
part--
``(i) the vendor promptly assesses whether
or not such an incident occurred, and submits a
notification meeting the requirements of
subparagraph (B) to the Secretary and the
Chairman of the assessment as soon as
practicable (but in no case later than 3 days
after the vendor first becomes aware of the
possibility that the incident occurred);
``(ii) if the incident involves goods or
services provided to an election agency, the
vendor submits a notification meeting the
requirements of subparagraph (B) to the agency
as soon as practicable (but in no case later
than 3 days after the vendor first becomes
aware of the possibility that the incident
occurred), and cooperates with the agency in
providing any other necessary notifications
relating to the incident; and
``(iii) the vendor provides all necessary
updates to any notification submitted under
clause (i) or clause (ii).
``(B) Contents of notifications.--Each notification
submitted under clause (i) or clause (ii) of
subparagraph (A) shall contain the following
information with respect to any election cybersecurity
incident covered by the notification:
``(i) The date, time, and time zone when
the election cybersecurity incident began, if
known.
``(ii) The date, time, and time zone when
the election cybersecurity incident was
detected.
``(iii) The date, time, and duration of the
election cybersecurity incident.
``(iv) The circumstances of the election
cybersecurity incident, including the specific
election infrastructure systems believed to
have been accessed and information acquired, if
any.
``(v) Any planned and implemented technical
measures to respond to and recover from the
incident.
``(vi) In the case of any notification
which is an update to a prior notification, any
additional material information relating to the
incident, including technical data, as it
becomes available.
``SEC. 297B. ELIGIBILITY OF STATES.
``A State is eligible to receive a grant under this part if the
State submits to the Commission, at such time and in such form as the
Commission may require, an application containing--
``(1) a description of how the State will use the grant to
carry out the activities authorized under this part;
``(2) a certification and assurance that, not later than 5
years after receiving the grant, the State will carry out
voting system security improvements, as described in section
297A; and
``(3) such other information and assurances as the
Commission may require.
``SEC. 297C. REPORTS TO CONGRESS.
``Not later than 90 days after the end of each fiscal year, the
Commission shall submit a report to the appropriate congressional
committees, including the Committees on Homeland Security, House
Administration, and the Judiciary of the House of Representatives and
the Committees on Homeland Security and Governmental Affairs, the
Judiciary, and Rules and Administration of the Senate, on the
activities carried out with the funds provided under this part.
``SEC. 297D. AUTHORIZATION OF APPROPRIATIONS.
``(a) Authorization.--There are authorized to be appropriated for
grants under this part--
``(1) $600,000,000 for fiscal year 2019; and
``(2) $175,000,000 for each of the fiscal years 2020, 2022,
2024, and 2026.
``(b) Continuing Availability of Amounts.--Any amounts appropriated
pursuant to the authorization of this section shall remain available
until expended.''.
(b) 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 Obtaining Compliant Paper Ballot Voting Systems
and Carrying Out Voting System Security Improvements
``Sec. 297. Grants for obtaining compliant paper ballot voting systems
and carrying out voting system security
improvements.
``Sec. 297A. Voting system security improvements described.
``Sec. 297B. Eligibility of States.
``Sec. 297C. Reports to Congress.
``Sec. 297D. Authorization of appropriations.''.
SEC. 112. GRANTS FOR ACCESSIBLE BALLOT MARKING DEVICES.
(a) In General.--Subtitle D of title II of the Help America Vote
Act of 2002 (52 U.S.C. 21001 et seq.), as amended by section 111(a), is
amended by adding at the end the following new part:
``PART 8--FUNDING FOR ACCESSIBLE BALLOT MARKING DEVICES
``SEC. 298. 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 Securing America's Federal Elections
Act).
``(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.''.
(b) Clerical Amendment.--The table of contents for the Help America
Vote Act of 2002 (52 U.S.C. 30101 et seq.), as amended by section
111(b), is amended by adding at the end of the items relating to
subtitle D of title II the following:
``Part 8--Funding for Accessible Ballot Marking Devices
``Sec. 298. Acquisition of accessible ballot marking devices for voters
with disabilities.''.
SEC. 113. GRANTS FOR BALLOT DESIGN AND PRINTING.
(a) In General.--Subtitle D of title II of the Help America Vote
Act of 2002 (52 U.S.C. 21001 et seq.), as amended by sections 111(a)
and 112(a), is amended by adding at the end the following new part:
``PART 9--FUNDING FOR BALLOT DESIGN AND PRINTING
``SEC. 299. 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.''.
(b) Clerical Amendment.--The table of contents for the Help America
Vote Act of 2002 (52 U.S.C. 30101 et seq.), as amended by sections
111(b) and 112(b), is amended by adding at the end of the items
relating to subtitle D of title II the following:
``Part 9--Funding for Ballot Design and Printing
``Sec. 299. Payments for ballot design and printing.''.
SEC. 114. COORDINATION OF VOTING SYSTEM SECURITY ACTIVITIES WITH USE OF
REQUIREMENTS PAYMENTS AND ELECTION ADMINISTRATION
REQUIREMENTS UNDER HELP AMERICA VOTE ACT OF 2002.
(a) Duties of Election Assistance Commission.--Section 202 of the
Help America Vote Act of 2002 (52 U.S.C. 20922) is amended in the
matter preceding paragraph (1) by striking ``by'' and inserting ``and
the security of election infrastructure by''.
(b) Membership of Secretary of Homeland Security on Board of
Advisors of Election Assistance Commission.--Section 214(a) of such Act
(52 U.S.C. 20944(a)) is amended--
(1) by striking ``37 members'' and inserting ``38
members''; and
(2) by adding at the end the following new paragraph:
``(17) The Secretary of Homeland Security or the
Secretary's designee.''.
(c) Representative of Department of Homeland Security on Technical
Guidelines Development Committee.--Section 221(c)(1) of such Act (52
U.S.C. 20961(c)(1)) is amended--
(1) by redesignating subparagraph (E) as subparagraph (F);
and
(2) by inserting after subparagraph (D) the following new
subparagraph:
``(E) A representative of the Department of
Homeland Security.''.
(d) Goals of Periodic Studies of Election Administration Issues;
Consultation With Secretary of Homeland Security.--Section 241(a) of
such Act (52 U.S.C. 20981(a)) is amended--
(1) in the matter preceding paragraph (1), by striking
``the Commission shall'' and inserting ``the Commission, in
consultation with the Secretary of Homeland Security (as
appropriate), shall'';
(2) by striking ``and'' at the end of paragraph (3);
(3) by redesignating paragraph (4) as paragraph (5); and
(4) by inserting after paragraph (3) the following new
paragraph:
``(4) will be secure against attempts to undermine the
integrity of election systems by cyber or other means; and''.
(e) Requirements Payments.--
(1) Use of payments for voting system security
improvements.--Section 251(b) of such Act (52 U.S.C. 21001(b))
is amended by adding at the end the following new paragraph:
``(4) Permitting use of payments for voting system security
improvements.--A State may use a requirements payment to carry
out any of the following activities:
``(A) Cyber and risk mitigation training.
``(B) Providing increased technical support for any
information technology infrastructure that the chief
State election official deems to be part of the State's
election infrastructure or designates as critical to
the operation of the State's election infrastructure.
``(C) Enhancing the cybersecurity and operations of
the information technology infrastructure described in
subparagraph (B).
``(D) Enhancing the security of voter registration
databases.''.
(2) Incorporation of election infrastructure protection in
state plans for use of payments.--Section 254(a)(1) of such Act
(52 U.S.C. 21004(a)(1)) is amended by striking the period at
the end and inserting ``, including the protection of election
infrastructure.''.
(3) Composition of committee responsible for developing
state plan for use of payments.--Section 255 of such Act (52
U.S.C. 21005) is amended--
(A) by redesignating subsection (b) as subsection
(c); and
(B) by inserting after subsection (a) the following
new subsection:
``(b) Geographic Representation.--The members of the committee
shall be a representative group of individuals from the State's
counties, cities, towns, and Indian tribes, and shall represent the
needs of rural as well as urban areas of the State, as the case may
be.''.
(f) Ensuring Protection of Computerized Statewide Voter
Registration List.--Section 303(a)(3) of such Act (52 U.S.C.
21083(a)(3)) is amended by striking the period at the end and inserting
``, as well as other measures to prevent and deter cybersecurity
incidents, as identified by the Commission, the Secretary of Homeland
Security, and the Technical Guidelines Development Committee.''.
SEC. 115. INCORPORATION OF DEFINITIONS.
(a) In General.--Section 901 of the Help America Vote Act of 2002
(52 U.S.C. 21141) is amended to read as follows:
``SEC. 901. DEFINITIONS.
``In this Act, the following definitions apply:
``(1) The term `cybersecurity incident' has the meaning
given the term `incident' in section 227 of the Homeland
Security Act of 2002 (6 U.S.C. 659).
``(2) The term `election agency' means any component of a
State, or any component of a unit of local government in a
State, which is responsible for the administration of elections
for Federal office in the State.
``(3) The term `election infrastructure' means storage
facilities, polling places, and centralized vote tabulation
locations used to support the administration of elections for
public office, as well as related information and
communications technology (including the technology used by or
on behalf of election officials to produce and distribute voter
guides to elections), including voter registration databases,
voting machines, electronic mail and other communications
systems (including electronic mail and other systems of vendors
who have entered into contracts with election agencies to
support the administration of elections, manage the election
process, and report and display election results), and other
systems used to manage the election process and to report and
display election results on behalf of an election agency.
``(4) The term `State' means each of the several States,
the District of Columbia, the Commonwealth of Puerto Rico,
Guam, American Samoa, the United States Virgin Islands, and the
Commonwealth of the Northern Mariana Islands.''.
(b) Clerical Amendment.--The table of contents of such Act is
amended by amending the item relating to section 901 to read as
follows:
``Sec. 901. Definitions.''.
Subtitle B--Risk-Limiting Audits
SEC. 121. 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 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 by the
State, the State shall make public and submit
to the Commission 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.
``(iv) Report made available by
commission.--After receiving any report
submitted under clause (i), the Commission
shall make such report available on its
website.
``(c) Effective Date.--
``(1) In general.--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
Securing America's Federal Elections Act and for each
subsequent election for Federal office.
``(2) Waiver.--If a State or jurisdiction certifies to
Commission not later than 1 year after the date of the
enactment of the Securing America's Federal Elections Act that
the State or jurisdiction will not meet the deadline described
in paragraph (1) for good cause and includes in the
certification a reason for the inability to meet such deadline,
paragraph (1) shall be applied by as if the reference in such
paragraph to `1 year' were a reference to `3 years'.''.
(b) 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. 122. FUNDING FOR CONDUCTING POST-ELECTION RISK-LIMITING AUDITS.
(a) Payments to States.--Subtitle D of title II of the Help America
Vote Act of 2002 (52 U.S.C. 21001 et seq.), as amended by sections
111(a), 112(a), and 113(a), is amended by adding at the end the
following new part:
``PART 10--FUNDING FOR POST-ELECTION RISK-LIMITING AUDITS
``SEC. 299A. 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, personnel, 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.''.
(b) Clerical Amendment.--The table of contents of such Act, as
amended by sections 111(b), 112(b), and 113(b), is further amended by
adding at the end of the items relating to subtitle D of title II the
following:
``Part 10--Funding for Post-Election Risk-Limiting Audits
``Sec. 299A. Payments for post-election risk-limiting audits.''.
SEC. 123. GAO ANALYSIS OF EFFECTS OF AUDITS.
(a) Analysis.--Not later than 6 months after the first elections
for Federal office is held for which States must conduct risk-limiting
audits under section 303A of the Help America Vote Act of 2002 (as
added by section 121), the Comptroller General of the United States
shall conduct an analysis of the extent to which such audits have
improved the administration of such elections and the security of
election infrastructure in the States receiving such grants.
(b) Report.--The Comptroller General of the United States shall
submit a report on the analysis conducted under subsection (a) to the
Committee on House Administration of the House of Representatives and
the Committee on Rules and Administration of the Senate.
TITLE II--PROMOTING CYBERSECURITY THROUGH IMPROVEMENTS IN ELECTION
ADMINISTRATION
SEC. 201. 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 Securing
America's Federal Elections Act, the Secretary, acting through the
Director and in consultation with the Director of the National
Institute of Standards and Technology and the Technical Guidelines
Development Committee established under section 221 of the Help America
Vote Act of 2002 (52 U.S.C. 20961), shall establish mandatory
cybersecurity standards for the use in Federal elections of the
following:
``(1) Ballot tabulation devices (within the meaning of
section 301(a)(9) of the Help America Vote Act of 2002).
``(2) Ballot marking devices (within the meaning of section
301(a)(12) of such Act).
``(3) Election management systems, including those systems
used--
``(A) to configure ballot tabulation 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.
``(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 BALLOT
TABULATION DEVICE CYBERSECURITY.
``(a) In General.--Any State or jurisdiction which intends to use a
ballot marking device or a ballot tabulation 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--
``(i) in the case of a ballot tabulation
device intended to be used by the State or
jurisdiction, the device meets the requirements
of section 301(a)(9)(B) of the Help America
Vote Act of 2002; and
``(ii) in the case of a ballot marking
device intended to be used by the State or
jurisdiction, the device meets the requirements
of section 301(a)(12)(A) of such Act.
``(B) Optional testing of state requirements.--In
the case of a ballot marking device or ballot
tabulation 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 ballot
tabulation 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) a ballot tabulation device if the ballot
tabulation device is determined by the qualified
research laboratory to meet the requirements of section
301(a)(9)(B) of the Help America Vote Act of 2002; and
``(B) a ballot marking device if the ballot marking
device is determined by the qualified research
laboratory to meet the requirements of section
301(a)(12)(A) of such Act.
``(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 ballot tabulation 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 ballot
tabulation device cybersecurity.''.
SEC. 202. VOTING SYSTEM CYBERSECURITY REQUIREMENTS.
(a) Ballot Tabulation Devices.--Section 301(a) of the Help America
Vote Act of 2002 (52 U.S.C. 21081(a)), as amended by section 104 and
section 105, is further amended by adding at the end the following new
paragraph:
``(9) Ballot tabulation methods.--
``(A) In general.--The voting system tabulates
ballots by hand or through the use of a ballot
tabulation device that meets the requirements of
subparagraph (B).
``(B) Requirements for ballot tabulation 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) that is certified under
section 2216 of the Homeland Security
Act; and
``(II) 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.
``(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 established by the
Director of Cybersecurity and Infrastructure
Security, in consultation with the Director of
the National Institute of Standards and
Technology and the Technical Guidelines
Development Committee.
``(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 such Act
(52 U.S.C. 21081(a)), as amended by section 104, section 105, and
subsection (a), is further amended by adding at the end the following
new paragraphs:
``(10) Prohibition of use of wireless communications
devices in systems or devices.--
``(A) In general.--No system or device upon which
ballot marking devices or ballot tabulation devices 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.
``(11) Prohibiting connection of system to the internet.--
``(A) In general.--No system or device upon which
ballot marking devices or ballot tabulation devices 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) Ballot Marking Devices.--Section 301(a) of such Act (52 U.S.C.
21081(a)), as amended by section 104, section 105, and subsections (a)
and (b), is further amended by adding at the end the following new
paragraph:
``(12) 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;
and
``(ii) is certified under section 2216 of
the Homeland Security Act as meeting the
requirements of clauses (iii) through (viii) of
section 301(a)(9)(B).
``(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 2022, and for each
subsequent election for Federal office.''.
SEC. 203. TESTING OF EXISTING VOTING SYSTEMS TO ENSURE COMPLIANCE WITH
ELECTION CYBERSECURITY GUIDELINES AND OTHER GUIDELINES.
(a) Requiring Testing of Existing Voting Systems.--
(1) In general.--Section 231(a) of the Help America Vote
Act of 2002 (52 U.S.C. 20971(a)) is amended by adding at the
end the following new paragraph:
``(3) Testing to ensure compliance with guidelines.--
``(A) Testing.--Not later than 9 months before the
date of each regularly scheduled general election for
Federal office, the Commission shall provide for the
testing by accredited laboratories under this section
of the voting system hardware and software which was
certified for use in the most recent such election, on
the basis of the most recent voting system guidelines
applicable to such hardware or software (including
election cybersecurity guidelines) issued under this
Act.
``(B) Decertification of hardware or software
failing to meet guidelines.--If, on the basis of the
testing described in subparagraph (A), the Commission
determines that any voting system hardware or software
does not meet the most recent guidelines applicable to
such hardware or software issued under this Act, the
Commission shall decertify such hardware or
software.''.
(2) Effective date.--The amendment made by paragraph (1)
shall apply with respect to the regularly scheduled general
election for Federal office held in November 2020 and each
succeeding regularly scheduled general election for Federal
office.
(b) Issuance of Cybersecurity Guidelines by Technical Guidelines
Development Committee.--Section 221(b) of the Help America Vote Act of
2002 (52 U.S.C. 20961(b)) is amended by adding at the end the following
new paragraph:
``(3) Election cybersecurity guidelines.--Not later than 6
months after the date of the enactment of the Securing
America's Federal Elections Act, the Development Committee
shall issue election cybersecurity guidelines, including
standards and best practices for procuring, maintaining,
testing, operating, and updating election systems to prevent
and deter cybersecurity incidents.''.
SEC. 204. REQUIRING USE OF SOFTWARE AND HARDWARE FOR WHICH INFORMATION
IS DISCLOSED BY MANUFACTURER.
(a) Requirement.--Section 301(a) of the Help America Vote Act of
2002 (52 U.S.C. 21081(a)), as amended by sections 104, 105, 202(a),
202(b), and 202(c), is amended by adding at the end the following new
paragraph:
``(13) Requiring use of software and hardware for which
information is disclosed by manufacturer.--
``(A) Requiring use of software for which source
code is disclosed by manufacturer.--
``(i) In general.--In the operation of
voting systems in an election for Federal
office, a State may only use software for which
the manufacturer makes the source code (in the
form in which will be used at the time of the
election) publicly available online under a
license that grants a worldwide, royalty-free,
non-exclusive, perpetual, sub-licensable
license to all intellectual property rights in
such source code, except that the manufacturer
may prohibit a person who obtains the software
from using the software in a manner that is
primarily intended for or directed toward
commercial advantage or private monetary
compensation that is unrelated to carrying out
legitimate research or cybersecurity activity.
``(ii) Exceptions.--Clause (i) does not
apply with respect to--
``(I) widely used operating system
software which is not specific to
voting systems and for which the source
code or baseline functionality is not
altered; or
``(II) widely used cybersecurity
software which is not specific to
voting systems and for which the source
code or baseline functionality is not
altered.
``(B) Requiring use of hardware for which
information is disclosed by manufacturer.--
``(i) Requiring disclosure of hardware.--A
State may not use a voting system in an
election for Federal office unless the
manufacturer of the system publicly discloses
online the identification of the hardware used
to operate the system.
``(ii) Additional disclosure requirements
for custom or altered hardware.--To the extent
that the hardware used to operate a voting
system or any component thereof is not widely
used, or is widely used but is altered, the
State may not use the system in an election for
Federal office unless--
``(I) the manufacturer of the
system publicly discloses online the
components of the hardware, the design
of such components, and how such
components are connected in the
operation of the system; and
``(II) the manufacturer makes the
design (in the form which will be used
at the time of the election) publicly
available online under a license that
grants a worldwide, royalty-free, non-
exclusive, perpetual, sub-licensable
license to all intellectual property
rights in the design of the hardware or
the component, except that the
manufacturer may prohibit a person who
obtains the design from using the
design in a manner that is primarily
intended for or directed toward
commercial advantage or private
monetary compensation that is unrelated
to carrying out legitimate research or
cybersecurity activity.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to elections for Federal office held in 2020 or any
succeeding year.
SEC. 205. TREATMENT OF ELECTRONIC POLL BOOKS AS PART OF VOTING SYSTEMS.
(a) Inclusion in Definition of Voting System.--Section 301(b) of
the Help America Vote Act of 2002 (52 U.S.C. 21081(b)) is amended--
(1) in the matter preceding paragraph (1), by striking
``this section'' and inserting ``this Act'';
(2) by striking ``and'' at the end of paragraph (1);
(3) by redesignating paragraph (2) as paragraph (3); and
(4) by inserting after paragraph (1) the following new
paragraph:
``(2) any electronic poll book used with respect to the
election; and''.
(b) Definition.--Section 301 of such Act (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) Electronic Poll Book Defined.--In this Act, the term
`electronic poll book' means the total combination of mechanical,
electromechanical, or electronic equipment (including the software,
firmware, and documentation required to program, control, and support
the equipment) that is used--
``(1) to retain the list of registered voters at a polling
location, or vote center, or other location at which voters
cast votes in an election for Federal office; and
``(2) to identify registered voters who are eligible to
vote in an election.''.
(c) Effective Date.--Section 301(e) of such Act (52 U.S.C.
21081(e)), as amended by section 107 and as redesignated by subsection
(b), is amended--
(1) in paragraph (1), by striking ``paragraph (2)'' and
inserting ``paragraphs (2) and (3)''; and
(2) by adding at the end the following new paragraph:
``(3) Special rule for electronic poll books.--In the case
of the requirements of subsection (c) (relating to electronic
poll books), each State and jurisdiction shall be required to
comply with such requirements on or after January 1, 2020.''.
SEC. 206. PRE-ELECTION REPORTS ON VOTING SYSTEM USAGE.
(a) Requiring States To Submit Reports.--Title III of the Help
America Vote Act of 2002 (52 U.S.C. 21081 et seq.), as amended by
section 103(c), is amended by inserting after section 301A the
following new section:
``SEC. 301B. PRE-ELECTION REPORTS ON VOTING SYSTEM USAGE.
``(a) Requiring States To Submit Reports.--Not later than 120 days
before the date of each regularly scheduled general election for
Federal office, the chief State election official of a State shall
submit a report to the Commission containing a detailed voting system
usage plan for each jurisdiction in the State which will administer the
election, including a detailed plan for the usage of electronic poll
books and other equipment and components of such system.
``(b) Effective Date.--Subsection (a) shall apply with respect to
the regularly scheduled general election for Federal office held in
November 2020 and each succeeding regularly scheduled general election
for Federal office.''.
(b) Clerical Amendment.--The table of contents of such Act, as
amended by section 103(c), is amended by inserting after the item
relating to section 301A the following new item:
``Sec. 301B. Pre-election reports on voting system usage.''.
SEC. 207. STREAMLINING COLLECTION OF ELECTION INFORMATION.
Section 202 of the Help America Vote Act of 2002 (52 U.S.C. 20922)
is amended--
(1) by striking ``The Commission'' and inserting ``(a) In
General.--The Commission''; and
(2) by adding at the end the following new subsection:
``(b) Waiver of Certain Requirements.--Subchapter I of chapter 35
of title 44, United States Code, shall not apply to the collection of
information for purposes of maintaining the clearinghouse described in
paragraph (1) of subsection (a).''.
TITLE III--USE OF VOTING MACHINES MANUFACTURED IN THE UNITED STATES
SEC. 301. USE OF VOTING MACHINES MANUFACTURED IN THE UNITED STATES.
Section 301(a) of the Help America Vote Act of 2002 (52 U.S.C.
21081(a)), as amended by sections 104, 105, 202(a), 202(b), 202(c), and
204(a), is further amended by adding at the end the following new
paragraph:
``(14) Voting machine requirements.--By not later than the
date of the regularly scheduled general election for Federal
office occurring in November 2022, each State shall seek to
ensure that any voting machine used in such election and in any
subsequent election for Federal office is manufactured in the
United States.''.
TITLE IV--SEVERABILITY
SEC. 401. SEVERABILITY.
If any provision of this Act or amendment made by this Act, or the
application of a provision or amendment to any person or circumstance,
is held to be unconstitutional, the remainder of this Act and
amendments made by this Act, and the application of the provisions and
amendment to any person or circumstance, shall not be affected by the
holding.
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