Use of requirements payments for post-election audits

(a)

Permitting use of payments for audits

Section 251(b)(1) of the Help America Vote Act of 2002 (52 U.S.C. 21001(b)(1)) is amended by inserting , including to conduct and publish an audit of the effectiveness and accuracy of the voting systems, nonvoting election technology (as defined in paragraph (4)(B)), election procedures, and outcomes used to carry out an election for Federal office in the State and the performance of the State and local election officials who carried out the election, but only if the audit meets the requirements of paragraph (4)(A) after requirements of title III.(b)

Requirements for audits; nonvoting election technology defined

Section 251(b) of such Act (52 U.S.C. 21001(b)) is amended by adding at the end the following new paragraph:

(4)

Requirements for audits conducted with requirements payments

(A)

In general

An audit described in paragraph (1) meets the requirements of this paragraph if—(i)no individual who participates in conducting the audit is an employee or contractor of an office of the State or local government which is responsible for the administration of elections for Federal office or of a subsidiary or affiliate of such an office; and(ii)the audit includes an examination of compliance with established processes for voter registration, voter check-in, voting, tabulation, canvassing, post-election proceedings (such as recounts and recanvasses), and reporting of results.(B)

Nonvoting election technology defined

In paragraph (1), 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:(i)Electronic pollbooks or other systems used to check in voters at a polling place or verify a voter’s identification.(ii)Election result reporting systems.(iii)Electronic ballot delivery systems.(iv)Online voter registration systems.(v)Polling place location search systems.(vi)Sample ballot portals.(vii)Signature systems.(viii)Such other technology as may be recommended for treatment as nonvoting election technology as the Standards Board may recommend.

(c)

Sense of Congress regarding timing of audits

It is the sense of Congress that post-election audits of the effectiveness and accuracy of the voting systems, election procedures, and outcomes used to carry out an election for Federal office in a State and the performance of the State and local election officials who carried out the election are most effective when the audits are completed before the expiration of the period during which persons are authorized under State law to challenge the results of the election.