Voluntary guidelines with respect to nonvoting election technology

(a)

Adoption of voluntary guidelines by Election Assistance Commission

(1)

Adoption of guidelines

Title II of the Help America Vote Act of 2002 (52 U.S.C. 20921 et seq.) is amended by adding at the end the following new subtitle:

Voluntary Guidelines for Use of Nonvoting Election Technology

298.

Adoption of voluntary guidelines by Commission

(a)

Adoption

The Commission shall adopt voluntary guidelines for election officials on the use of nonvoting election technology, taking into account the recommendations of the Standards Board under section 298A. (b)

Review

The Commission shall review the guidelines adopted under this subtitle not less frequently than once every 4 years, and may adopt revisions to the guidelines as it considers appropriate. (c)

Process for adoption

The adoption of the voluntary guidelines under this subtitle shall be carried out by the Commission in a manner that provides for each of the following: (1)Publication of notice of the proposed guidelines in the Federal Register. (2)An opportunity for public comment on the proposed guidelines. (3)An opportunity for a public hearing on the record. (4)Publication of the final recommendations in the Federal Register. (d)

Deadline for initial set of guidelines

The Commission shall adopt the initial set of voluntary guidelines under this section not later than December 31, 2026.

298A.

Role of Standards Board

(a)

Duties

The Standards Board shall assist the Commission in the adoption of voluntary guidelines under section 298, including by providing the Commission with recommendations on appropriate standards for the use of nonvoting election technology, including standards to ensure the security and accuracy, and promote the usability, of such technology, and by conducting a review of existing State programs with respect to the testing of nonvoting election technology. (b)

Sources of assistance

(1)

Certain members of Technical Guidelines Development Committee

The following members of the Technical Guidelines Development Committee under section 221 shall assist the Standards Board in carrying out its duties under this section: (A)The Director of the National Institute of Standards and Technology. (B)The representative of the American National Standards Institute. (C)The representative of the Institute of Electrical and Electronics Engineers. (D)The 4 members of the Technical Guidelines Development Committee appointed under subsection (c)(1)(E) of such section as the other individuals with technical and scientific expertise relating to voting systems and voting equipment. (2)

Detailee from CISA

The Executive Board of the Standards Board may request the Director of the Cybersecurity and Infrastructure Security Agency of the Department of Homeland Security to provide a detailee to assist the Standards Board in carrying out its duties under this section, so long as such detailee has no involvement in the drafting of any of the voluntary guidelines.

298B.

Use of payments to obtain or upgrade technology

A State may use funds provided under any law for activities to improve the administration of elections for Federal office, including to enhance election technology and make election security improvements, to obtain nonvoting election technology which is in compliance with the voluntary guidelines adopted under section 298 or to upgrade nonvoting election technology so that the technology is in compliance with such guidelines, and may, notwithstanding any other provision of law, use any unobligated grant funding provided to the State by the Election Assistance Commission from amounts appropriated under the heading Independent Agencies—Election Assistance Commission—Election Security Grants in title V of division C of the Consolidated Appropriations Act, 2020 (Public Law 116–93) for the purposes of enhancing election technology and making election security improvements until December 31, 2024.

298C.

Nonvoting election technology defined

In this subtitle, the term nonvoting election technology means technology used in the administration of elections for Federal office which is not used directly in the casting, counting, tabulating, or collecting of ballots or votes, including each of the following: (1)Electronic pollbooks or other systems used to check in voters at a polling place or verify a voter’s identification. (2)Election result reporting systems. (3)Electronic ballot delivery systems. (4)Online voter registration systems. (5)Polling place location search systems. (6)Sample ballot portals. (7)Signature systems. (8)Such other technology as may be recommended for treatment as nonvoting election technology as the Standards Board may recommend.

(2)

Clerical amendment

The table of contents of such Act is amended by adding at the end of the items relating to title II the following:

Subtitle E—Voluntary Guidelines for Use of Nonvoting Election Technology

Sec. 298. Adoption of voluntary guidelines by Commission.

Sec. 298A. Role of Standards Board.

Sec. 298B. Use of payments to obtain or upgrade technology.

Sec. 298C. Nonvoting election technology defined.

(b)

Treatment of technology used in most recent election

Any nonvoting election technology, as defined in section 298C of the Help America Vote Act of 2002 (as added by subsection (a)(1)), which a State used in the most recent election for Federal office held in the State prior to the date of the enactment of this Act shall be deemed to be in compliance with the voluntary guidelines on the use of such technology which are adopted by the Election Assistance Commission under section 298 of such Act (as added by subsection (a)(1)).