[Congressional Record Volume 153, Number 168 (Thursday, November 1, 2007)]
[Senate]
[Pages S13694-S13701]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. NELSON of Florida (for himself and Mr. Whitehouse):
  S. 2295. A bill to amend the Help America Vote Act of 2002 to require 
a voter-verified permanent paper ballot under title III of such Act, 
and for other purposes; to the Committee on Rules and Administration.
  Mr. NELSON of Florida. Mr. President, today, joined by Senator 
Whitehouse, I am introducing the Voter Confidence and Increased 
Accessibility Act of 2007. As we enter the month of November, next 
year's national election is just one year away, and we must act now to 
ensure that the next time Americans go to the polls nationwide, they 
have the chance to cast their vote and have their vote counted as 
intended.
  Our bill will require all voting machines--beginning in the 2008 
election--to produce a paper record of each ballot that can be verified 
by the voter before a ballot is submitted to be counted. This also is 
the first bill to propose a nationwide ban, by 2012, on the use of 
touch-screen voting machines in Federal elections.
  We are introducing this bill to address the problems that have 
plagued the accuracy and integrity of our voting systems. We know all 
too well the problems that have occurred in Florida--in the 2000 
election and, most recently in the 2006 congressional election in the 
13th Congressional District--but my State is not alone. Recent studies 
in California and elsewhere have demonstrated that touch-screen voting 
machines are unreliable and vulnerable to error.
  The bottom line is we have to ensure that every vote is counted--and 
counted properly. Citizens must have confidence in the integrity of 
their elections.
  Florida, under the leadership of Governor Charlie Crist and Secretary 
of State Kurt Browning, has acted decisively, and on a bipartisan 
basis, to require the replacement of paperless touch-screen voting 
machines throughout the State with optical scan equipment. By using op-
scan machines, voters will have the opportunity to complete a paper 
ballot that will be verified by the voter before it is electronically 
counted. By 2012, touchscreen voting machines will be a thing of the 
past in Florida. Using Florida's model, the bill I am filing today will 
phase out touch-screen voting machines in Federal elections nationwide 
by 2012.
  This morning I met with Secretary Browning to discuss my intent to 
file legislation modeled on Florida's initiative. Secretary Browning 
indicated his support for a ban on touch-screen voting machines.
  In addition to banning touch-screen machines by 2012, and requiring a 
voter-verified paper ballot for every vote that is cast, beginning in 
November 2008, other highlights of the bill are as follows.
  It will require and fund routine random audits to be conducted by 
hand count in 3 percent of precincts in all Federal elections. If the 
vote is very close, that percentage goes up to 5 or 10 percent. On the 
other hand, if the winning candidate received more than 80 percent of 
the vote, no audit of that race will be necessary.
  The bill will authorize adequate funding--$1 billion--for replacing 
and upgrading voting equipment.
  Our legislation will require that every voter has the opportunity to 
vote by paper ballot if the voting machine in their precinct is broken, 
and beginning in 2012, for any reason.
  Finally, the bill will establish an arms-length relationship between 
test labs and voting machine vendors, to prevent any efforts, malicious 
or otherwise, to compromise the accuracy and integrity of voting 
machines.
  A companion version of our bill was introduced in the House by 
Representative Rush Holt of New Jersey, and was passed out of 
Committee. The bill now awaits a vote by the full Chamber. I hope my 
colleagues in the House will act to pass this important legislation, 
and I invite my colleagues in the Senate to join me by co-sponsoring 
our bill in the Senate. Florida not only provides a model for what can 
be done to increase our confidence in the integrity of elections, it 
provides a model for

[[Page S13695]]

how to do it--on a bipartisan basis, with the support of election 
officials, voting integrity groups and, most importantly, the millions 
of voters in my state who have a constitutional right to vote and want 
to be sure that their votes are counted--and counted accurately.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
placed in the Record, as follows:

                                S. 2295

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

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Voter Confidence and 
     Increased Accessibility Act of 2007''.

     SEC. 2. PROMOTING ACCURACY, INTEGRITY, AND SECURITY THROUGH 
                   VOTER-VERIFIED PERMANENT PAPER BALLOT.

       (a) Ballot Verification and Audit Capacity.--
       (1) In general.--Section 301(a)(2) of the Help America Vote 
     Act of 2002 (42 U.S.C. 15481(a)(2)) is amended to read as 
     follows:
       ``(2) Ballot verification and audit capacity.--
       ``(A) Voter-verified paper ballots.--
       ``(i) Verification.--(I) The voting system shall require 
     the use of or produce an individual, durable, voter-verified, 
     paper ballot of the voter's vote that shall be created by or 
     made available for inspection and verification by the voter 
     before the voter's vote is cast and counted. For purposes of 
     this subclause, the term `individual, durable, voter-
     verified, paper ballot' includes (but is not limited to) a 
     paper ballot marked by the voter for the purpose of being 
     counted by hand or read by an optical scanner or other 
     similar device, a paper ballot prepared by the voter to be 
     mailed to an election official (whether from a domestic or 
     overseas location), a paper ballot created through the use of 
     a nontabulating ballot marking device or system, or, in the 
     case of an election held before 2012, a paper ballot produced 
     by a direct recording electronic voting machine, so long as 
     in each case the voter is permitted to verify the ballot in a 
     paper form in accordance with this subparagraph.
       ``(II) The voting system shall provide the voter with an 
     opportunity to correct any error made by the system in the 
     voter-verified paper ballot before the permanent voter-
     verified paper ballot is preserved in accordance with clause 
     (ii).
       ``(III) The voting system shall not preserve the voter-
     verified paper ballots in any manner that makes it possible, 
     at any time after the ballot has been cast, to associate a 
     voter with the record of the voter's vote.
       ``(ii) Preservation.--The individual, durable, voter-
     verified, paper ballot produced in accordance with clause (i) 
     shall be 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, and shall 
     be preserved--

       ``(I) in the case of votes cast at the polling place on the 
     date of the election, within the polling place in a secure 
     manner; or
       ``(II) in any other case, in a secure manner which is 
     consistent with the manner employed by the jurisdiction for 
     preserving paper ballots in general.

       ``(iii) Manual audit capacity.--(I) Each paper ballot 
     produced pursuant to clause (i) shall be suitable for a 
     manual audit equivalent to that of a paper ballot voting 
     system, and shall be counted by hand in any recount or audit 
     conducted with respect to any election for Federal office.
       ``(II) In the event of any inconsistencies or 
     irregularities between any electronic vote tallies and the 
     vote tallies determined by counting by hand the individual, 
     durable, voter-verified, paper ballots produced pursuant to 
     clause (i), and subject to subparagraph (B), the individual, 
     durable, voter-verified, paper ballots shall be the true and 
     correct record of the votes cast.
       ``(B) Special rule for treatment of disputes when paper 
     ballots have been shown to be compromised.--
       ``(i) In general.--In the event that--

       ``(I) there is any inconsistency between any electronic 
     vote tallies and the vote tallies determined by counting by 
     hand the individual, durable, voter-verified, paper ballots 
     produced 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 
     vote tally.
       ``(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.''.
       (2) Conforming amendment clarifying applicability of 
     alternative language accessibility.--Section 301(a)(4) of 
     such Act (42 U.S.C. 15481(a)(4)) is amended by inserting 
     ``(including the paper ballots required to be produced under 
     paragraph (2) and the notices required under paragraphs (7) 
     and (13)(C)'' after ``voting system''.
       (3) Other conforming amendments.--Section 301(a)(1) of such 
     Act (42 U.S.C. 15481(a)(1)) is amended--
       (A) in subparagraph (A)(i), by striking ``counted'' and 
     inserting ``counted, in accordance with paragraphs (2) and 
     (3)'';
       (B) in subparagraph (A)(ii), by striking ``counted'' and 
     inserting ``counted, in accordance with paragraphs (2) and 
     (3)'';
       (C) in subparagraph (A)(iii), by striking ``counted'' each 
     place it appears and inserting ``counted, in accordance with 
     paragraphs (2) and (3)''; and
       (D) in subparagraph (B)(ii), by striking ``counted'' and 
     inserting ``counted, in accordance with paragraphs (2) and 
     (3)''.
       (b) Accessibility and Ballot Verification for Individuals 
     With Disabilities.--
       (1) In general.--Section 301(a)(3)(B) of such Act (42 
     U.S.C. 15481(a)(3)(B)) is amended to read as follows:
       ``(B)(i) satisfy the requirement of subparagraph (A) 
     through the use of at least one voting system equipped for 
     individuals with disabilities, including nonvisual and 
     enhanced visual accessibility for the blind and visually 
     impaired, at each polling place; and
       ``(ii) meet the requirements of subparagraph (A) and 
     paragraph (2)(A) by using a system that--
       ``(I) allows the voter to privately and independently 
     verify the permanent paper ballot through the presentation, 
     in accessible form, of the printed or marked vote selections 
     from the same printed or marked information that would be 
     used for any vote counting or auditing;
       ``(II) ensures that the entire process of ballot 
     verification and vote casting is equipped for individuals 
     with disabilities, including nonvisual and enhanced visual 
     accessibility for the blind and visually impaired; and
       ``(III) does not preclude the supplementary use of Braille 
     or tactile ballots; and''.
       (2) Specific requirement of study, testing, and development 
     of accessible ballot verification mechanisms.--
       (A) Study and reporting.--Subtitle C of title II of such 
     Act (42 U.S.C. 15381 et seq.) is amended--
       (i) by redesignating section 247 as section 248; and
       (ii) by inserting after section 246 the following new 
     section:

     ``SEC. 247. STUDY AND REPORT ON ACCESSIBLE BALLOT 
                   VERIFICATION MECHANISMS.

       ``(a) Study and Report.--The Director of the National 
     Institute of Standards and Technology shall study, test, and 
     develop best practices to enhance the accessibility of ballot 
     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. In carrying out this 
     section, the Director shall specifically investigate existing 
     and potential methods or devices, including non-electronic 
     devices, that will assist such individuals and voters in 
     creating voter-verified paper ballots and presenting or 
     transmitting the information printed or marked on such 
     ballots back to such individuals and voters.
       ``(b) Coordination With Grants for Technology 
     Improvements.--The Director shall coordinate the activities 
     carried out under subsection (a) 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.
       ``(c) Deadline.--The Director shall complete the 
     requirements of subsection (a) not later than December 31, 
     2008.
       ``(d) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out subsection (a) 
     $3,000,000, to remain available until expended.''.
       (B) Clerical amendment.--The table of contents of such Act 
     is amended--
       (i) by redesignating the item relating to section 247 as 
     relating to section 248; and
       (ii) by inserting after the item relating to section 246 
     the following new item:

``Sec. 247. Study and report on accessible ballot verification 
              mechanisms.''.

       (3) 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.
       (c) Additional Voting System Requirements.--
       (1) Requirements described.--Section 301(a) of such Act (42 
     U.S.C. 15481(a)) is amended by adding at the end the 
     following new paragraphs:

[[Page S13696]]

       ``(7) Instruction reminding voters of importance of 
     verifying paper ballot.--
       ``(A) In general.--The appropriate election official at 
     each polling place shall cause to be placed in a prominent 
     location in the polling place which is clearly visible from 
     the voting booths a notice, in large font print accessible to 
     the visually impaired, advising voters that the paper ballots 
     representing their votes shall serve as the vote of record in 
     all audits and recounts in elections for Federal office, and 
     that they should not leave the voting booth until confirming 
     that such paper ballots accurately record their vote.
       ``(B) Systems for individuals with disabilities.--All 
     voting systems equipped for individuals with disabilities 
     shall present or transmit in accessible form the statement 
     referred to in subparagraph (A), as well as an explanation of 
     the verification process described in paragraph (3)(B)(ii).
       ``(8) Prohibiting use of uncertified election-dedicated 
     voting system technologies; disclosure requirements.--
       ``(A) In general.--A voting system used in an election for 
     Federal office in a State may not at any time during the 
     election contain or use any election-dedicated voting system 
     technology--
       ``(i) which has not been certified by the State for use in 
     the election; and
       ``(ii) which has not been deposited with an accredited 
     laboratory described in section 231 to be held in escrow and 
     disclosed in accordance with this section.
       ``(B) Requirement for and restrictions on disclosure.--An 
     accredited laboratory under section 231 with whom an 
     election-dedicated voting system technology has been 
     deposited shall--
       ``(i) hold the technology in escrow; and
       ``(ii) disclose technology and information regarding the 
     technology to another person if--

       ``(I) the person is a qualified person described in 
     subparagraph (C) who has entered into a nondisclosure 
     agreement with respect to the technology which meets the 
     requirements of subparagraph (D); or
       ``(II) the laboratory is required to disclose the 
     technology to the person under State law, in accordance with 
     the terms and conditions applicable under such law.

       ``(C) Qualified persons described.--With respect to the 
     disclosure of election-dedicated voting system technology by 
     a laboratory under subparagraph (B)(ii)(I), a `qualified 
     person' is any of the following:
       ``(i) A governmental entity with responsibility for the 
     administration of voting and election-related matters for 
     purposes of reviewing, analyzing, or reporting on the 
     technology.
       ``(ii) A party to pre- or post-election litigation 
     challenging the result of an election or the administration 
     or use of the technology used in an election, including but 
     not limited to election contests or challenges to the 
     certification of the technology, or an expert for a party to 
     such litigation, for purposes of reviewing or analyzing the 
     technology to support or oppose the litigation, and all 
     parties to the litigation shall have access to the technology 
     for such purposes.
       ``(iii) A person not described in clause (i) or (ii) who 
     reviews, analyzes, or reports on the technology solely for an 
     academic, scientific, technological, or other investigation 
     or inquiry concerning the accuracy or integrity of the 
     technology.
       ``(D) Requirements for nondisclosure agreements.--A 
     nondisclosure agreement entered into with respect to an 
     election-dedicated voting system technology meets the 
     requirements of this subparagraph if the agreement--
       ``(i) is limited in scope to coverage of the technology 
     disclosed under subparagraph (B) and any trade secrets and 
     intellectual property rights related thereto;
       ``(ii) does not prohibit a signatory from entering into 
     other nondisclosure agreements to review other technologies 
     under this paragraph;
       ``(iii) exempts from coverage any information the signatory 
     lawfully obtained from another source or any information in 
     the public domain;
       ``(iv) remains in effect for not longer than the life of 
     any trade secret or other intellectual property right related 
     thereto;
       ``(v) prohibits the use of injunctions barring a signatory 
     from carrying out any activity authorized under subparagraph 
     (C), including injunctions limited to the period prior to a 
     trial involving the technology;
       ``(vi) is silent as to damages awarded for breach of the 
     agreement, other than a reference to damages available under 
     applicable law;
       ``(vii) allows disclosure of evidence of crime, including 
     in response to a subpoena or warrant;
       ``(viii) allows the signatory to perform analyses on the 
     technology (including by executing the technology), disclose 
     reports and analyses that describe operational issues 
     pertaining to the technology (including vulnerabilities to 
     tampering, errors, risks associated with use, failures as a 
     result of use, and other problems), and describe or explain 
     why or how a voting system failed or otherwise did not 
     perform as intended; and
       ``(ix) provides that the agreement shall be governed by the 
     trade secret laws of the applicable State.
       ``(E) Election-dedicated voting system technology 
     defined.--For purposes of this paragraph:
       ``(i) In general.--The term `election-dedicated voting 
     system technology' means the following:

       ``(I) The source code used for the trusted build and its 
     file signatures.
       ``(II) A complete disk image of the pre-build, build 
     environment, and any file signatures to validate that it is 
     unmodified.
       ``(III) A complete disk image of the post-build, build 
     environment, and any file signatures to validate that it is 
     unmodified.
       ``(IV) All executable code produced by the trusted build 
     and any file signatures to validate that it is unmodified.
       ``(V) Installation devices and software file signatures.

       ``(ii) Exclusion.--Such term does not include `commercial-
     off-the-shelf' software and hardware defined under under the 
     2005 voluntary voting system guidelines adopted by the 
     Commission under section 222.
       ``(9) Prohibition of use of wireless communications devices 
     in voting systems.--No voting device upon which ballots are 
     programmed or votes are cast or tabulated shall contain, use, 
     or be accessible by any wireless, power-line, or concealed 
     communication device, except that enclosed infrared 
     communications devices which are certified for use in such 
     device by the State and which cannot be used for any remote 
     or wide area communications or used without the knowledge of 
     poll workers shall be permitted.
       ``(10) Prohibiting connection of system or transmission of 
     system information over the internet.--
       ``(A) In general.--No voting device upon which ballots are 
     programmed or votes are cast or tabulated shall be connected 
     to the Internet at any time.
       ``(B) Rule of construction.--Nothing contained in this 
     paragraph shall be deemed to prohibit the Commission from 
     conducting the studies under section 242 or to conduct other 
     similar studies under any other provision of law in a manner 
     consistent with this paragraph.
       ``(11) Security standards for voting systems used in 
     federal elections.--
       ``(A) In general.--No voting system may be used in an 
     election for Federal office unless the manufacturer of such 
     system and the election officials using such system meet the 
     applicable requirements described in subparagraph (B).
       ``(B) Requirements described.--The requirements described 
     in this subparagraph are as follows:
       ``(i) The manufacturer and the election officials shall 
     document the secure chain of custody for the handling of all 
     software, hardware, vote storage media, ballots, and voter-
     verified ballots used in connection with voting systems, and 
     shall make the information available upon request to the 
     Commission.
       ``(ii) The manufacturer shall disclose to an accredited 
     laboratory under section 231 and to the appropriate election 
     official any information required to be disclosed under 
     paragraph (8).
       ``(iii) After the appropriate election official has 
     certified the election-dedicated and other voting system 
     software for use in an election, the manufacturer may not--

       ``(I) alter such software; or
       ``(II) insert or use in the voting system any software not 
     certified by the State for use in the election.

       ``(iv) At the request of the Commission--

       ``(I) the appropriate election official shall submit 
     information to the Commission regarding the State's 
     compliance with this subparagraph; and
       ``(II) the manufacturer shall submit information to the 
     Commission regarding the manufacturer's compliance with this 
     subparagraph.

       ``(C) Development and publication of best practices on 
     documentation of secure chain of custody.--Not later than 
     August 1, 2008, the Commission shall develop and make 
     publicly available best practices regarding the requirement 
     of subparagraph (B)(i).
       ``(D) Disclosure of secure chain of custody.--The 
     Commission shall make information provided to the Commission 
     under subparagraph (B)(i) available to any person upon 
     request.
       ``(12) Durability and readability requirements for 
     ballots.--
       ``(A) Durability requirements for paper ballots.--
       ``(i) In general.--All voter-verified paper ballots 
     required to be used under this Act (including the paper 
     ballots provided to voters under paragraph (13)) shall be 
     marked, printed, or recorded 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, printed, or recorded on them for the full 
     duration of a retention and preservation period of 22 months.
       ``(B) Readability requirements for machine-marked or 
     printed paper ballots.--All voter-verified paper ballots 
     completed by the voter through the use of a marking or 
     printing device shall be clearly readable by the voter 
     without assistance (other than eyeglasses or other personal 
     vision enhancing devices) and by a scanner or other device 
     equipped for individuals with disabilities.
       ``(13) Mandatory availability of paper ballots at polling 
     places.--
       ``(A) Requiring ballots to be offered and provided.--
       ``(i) In general.--The appropriate election official at 
     each polling place in any election for Federal office shall 
     offer each individual

[[Page S13697]]

     who is eligible to cast a vote in the election at the polling 
     place the opportunity to cast the vote using a blank pre-
     printed paper ballot which the individual may mark by hand 
     and which is not produced by the direct recording electronic 
     voting machine. The official shall provide the individual 
     with the ballot and the supplies necessary to mark the 
     ballot.
       ``(ii) Special rule for locations using dre voting 
     systems.--In the case of a polling place that uses a direct 
     recording electronic voting device, if the individual accepts 
     the offer to cast the vote using a paper ballot, the official 
     shall ensure (to the greatest extent practicable) that the 
     waiting period for the individual to cast a vote is not 
     greater than the waiting period for an individual who does 
     not agree to cast the vote using such a paper ballot under 
     this paragraph.
       ``(B) Treatment of ballot.--Any paper ballot which is cast 
     by an individual under this paragraph 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.
       ``(C) 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 
     pre-printed blank paper ballot.
       ``(D) 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 paragraph, including the requirement to display a notice 
     under subparagraph (C), 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 pre-printed paper ballot.''.
       (2) Requiring laboratories to meet standards prohibiting 
     conflicts of interest as condition of accreditation for 
     testing of voting system hardware and software.--
       (A) In general.--Section 231(b) of such Act (42 U.S.C. 
     15371(b)) is amended by adding at the end the following new 
     paragraphs:
       ``(3) Prohibiting conflicts of interest; ensuring 
     availability of results.--
       ``(A) In general.--A laboratory may not be accredited by 
     the Commission for purposes of this section unless--
       ``(i) the laboratory certifies that the only compensation 
     it receives for the testing carried out in connection with 
     the certification, decertification, and recertification of 
     the manufacturer's voting system hardware and software is the 
     payment made from the Testing Escrow Account under paragraph 
     (4);
       ``(ii) the laboratory meets such standards as the 
     Commission shall establish (after notice and opportunity for 
     public comment) to prevent the existence or appearance of any 
     conflict of interest in the testing carried out by the 
     laboratory under this section, including standards to ensure 
     that the laboratory does not have a financial interest in the 
     manufacture, sale, and distribution of voting system hardware 
     and software, and is sufficiently independent from other 
     persons with such an interest;
       ``(iii) the laboratory certifies that it will permit an 
     expert designated by the Commission to observe any testing 
     the laboratory carries out under this section; and
       ``(iv) the laboratory, upon completion of any testing 
     carried out under this section, discloses the test protocols, 
     results, and all communication between the laboratory and the 
     manufacturer to the Commission.
       ``(B) Availability of results.--Upon receipt of information 
     under subparagraph (A), the Commission shall make the 
     information available promptly to election officials and the 
     public.
       ``(4) Procedures for conducting testing; payment of user 
     fees for compensation of accredited laboratories.--
       ``(A) Establishment of escrow account.--The Commission 
     shall establish an escrow account (to be known as the 
     `Testing Escrow Account') for making payments to accredited 
     laboratories for the costs of the testing carried out in 
     connection with the certification, decertification, and 
     recertification of voting system hardware and software.
       ``(B) Schedule of fees.--In consultation with the 
     accredited laboratories, the Commission shall establish and 
     regularly update a schedule of fees for the testing carried 
     out in connection with the certification, decertification, 
     and recertification of voting system hardware and software, 
     based on the reasonable costs expected to be incurred by the 
     accredited laboratories in carrying out the testing for 
     various types of hardware and software.
       ``(C) Requests and payments by manufacturers.--A 
     manufacturer of voting system hardware and software may not 
     have the hardware or software tested by an accredited 
     laboratory under this section unless--
       ``(i) the manufacturer submits a detailed request for the 
     testing to the Commission; and
       ``(ii) the manufacturer pays to the Commission, for deposit 
     into the Testing Escrow Account established under 
     subparagraph (A), the applicable fee under the schedule 
     established and in effect under subparagraph (B).
       ``(D) Selection of laboratory.--Upon receiving a request 
     for testing and the payment from a manufacturer required 
     under subparagraph (C), the Commission shall select at random 
     (to the greatest extent practicable), from all laboratories 
     which are accredited under this section to carry out the 
     specific testing requested by the manufacturer, an accredited 
     laboratory to carry out the testing.
       ``(E) Payments to laboratories.--Upon receiving a 
     certification from a laboratory selected to carry out testing 
     pursuant to subparagraph (D) that the testing is completed, 
     along with a copy of the results of the test as required 
     under paragraph (3)(A)(iv), the Commission shall make a 
     payment to the laboratory from the Testing Escrow Account 
     established under subparagraph (A) in an amount equal to the 
     applicable fee paid by the manufacturer under subparagraph 
     (C)(ii).
       ``(5) Dissemination of additional information on accredited 
     laboratories.--
       ``(A) Information on testing.--Upon completion of the 
     testing of a voting system under this section, the Commission 
     shall promptly disseminate to the public the identification 
     of the laboratory which carried out the testing.
       ``(B) Information on status of laboratories.--The 
     Commission shall promptly notify Congress, the chief State 
     election official of each State, and the public whenever--
       ``(i) the Commission revokes, terminates, or suspends the 
     accreditation of a laboratory under this section;
       ``(ii) the Commission restores the accreditation of a 
     laboratory under this section which has been revoked, 
     terminated, or suspended; or
       ``(iii) the Commission has credible evidence of significant 
     security failure at an accredited laboratory.''.
       (B) Conforming amendments.--Section 231 of such Act (42 
     U.S.C. 15371) is further amended--
       (i) in subsection (a)(1), by striking ``testing, 
     certification,'' and all that follows and inserting the 
     following: ``testing of voting system hardware and software 
     by accredited laboratories in connection with the 
     certification, decertification, and recertification of the 
     hardware and software for purposes of this Act.'';
       (ii) in subsection (a)(2), by striking ``testing, 
     certification,'' and all that follows and inserting the 
     following: ``testing of its voting system hardware and 
     software by the laboratories accredited by the Commission 
     under this section in connection with certifying, 
     decertifying, and recertifying the hardware and software.'';
       (iii) in subsection (b)(1), by striking ``testing, 
     certification, decertification, and recertification'' and 
     inserting ``testing''; and
       (iv) in subsection (d), by striking ``testing, 
     certification, decertification, and recertification'' each 
     place it appears and inserting ``testing''.
       (C) Deadline for establishment of standards, escrow 
     account, and schedule of fees.--The Election Assistance 
     Commission shall establish the standards described in section 
     231(b)(3) of the Help America Vote Act of 2002 and the 
     Testing Escrow Account and schedule of fees described in 
     section 231(b)(4) of such Act (as added by subparagraph (A)) 
     not later than January 1, 2008.
       (D) Authorization of appropriations.--There are authorized 
     to be appropriated to the Election Assistance Commission such 
     sums as may be necessary to carry out the Commission's duties 
     under paragraphs (3) and (4) of section 231 of the Help 
     America Vote Act of 2002 (as added by subparagraph (A)).
       (3) Special certification of ballot durability and 
     readability requirements for states not currently using 
     durable paper ballots.--
       (A) In general.--If any of the voting systems used in a 
     State for the regularly scheduled 2006 general elections for 
     Federal office did not require the use of or produce durable 
     paper ballots, the State shall certify to the Election 
     Assistance Commission not later than 90 days after the date 
     of the enactment of this Act that the State will be in 
     compliance with the requirements of sections 301(a)(2) and 
     301(a)(12) of the Help America Vote of 2002, as added or 
     amended by this subsection, in accordance with the deadlines 
     established under this Act, and shall include in the 
     certification the methods by which the State will meet the 
     requirements.
       (B) Certifications by 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 paragraph, 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.
       (4) Grants for research on development of election-
     dedicated voting system software.--
       (A) In general.--Subtitle D of title II of the Help America 
     Vote Act of 2002 (42 U.S.C. 15401 et seq.) is amended by 
     adding at the end the following new part:

  ``PART 7--GRANTS FOR RESEARCH ON DEVELOPMENT OF ELECTION-DEDICATED 
                         VOTING SYSTEM SOFTWARE

     ``SEC. 297. GRANTS FOR RESEARCH ON DEVELOPMENT OF ELECTION-
                   DEDICATED VOTING SYSTEM SOFTWARE.

       ``(a) In General.--The Director of the National Science 
     Foundation (hereafter in this

[[Page S13698]]

     part referred to as the `Director') shall make grants to not 
     fewer than 3 eligible entities to conduct research on the 
     development of election-dedicated voting system software.
       ``(b) Eligibility.--An entity is eligible to receive a 
     grant under this part if it submits to the Director (at such 
     time and in such form as the Director may require) an 
     application containing--
       ``(1) certifications regarding the benefits of operating 
     voting systems on election-dedicated software which is easily 
     understandable and which is written exclusively for the 
     purpose of conducting elections;
       ``(2) certifications that the entity will use the funds 
     provided under the grant to carry out research on how to 
     develop voting systems that run on election-dedicated 
     software and that will meet the applicable requirements for 
     voting systems under title III; and
       ``(3) such other information and certifications as the 
     Director may require.
       ``(c) Authorization of Appropriations.--There are 
     authorized to be appropriated for grants under this section 
     $1,500,000 for each of fiscal years 2008 and 2009, to 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 Research on Development of Election-Dedicated 
                         Voting System Software

``Sec. 297. Grants for research on development of election-dedicated 
              voting system software.''.

       (d) Availability of Additional Funding To Enable States To 
     Meet Costs of Revised Requirements.--
       (1) Extension of requirements payments for meeting revised 
     requirements.--Section 257(a) of the Help America Vote Act of 
     2002 (42 U.S.C. 15407(a)) is amended by adding at the end the 
     following new paragraph:
       ``(4) For fiscal year 2008, $1,000,000,000, except that any 
     funds provided under the authorization made by this paragraph 
     shall be used by a State only to meet the requirements of 
     title III which are first imposed on the State pursuant to 
     the amendments made by section 2 of the Voter Confidence and 
     Increased Accessibility Act of 2007, or to otherwise modify 
     or replace its voting systems in response to such 
     amendments.''.
       (2) Use of revised formula for allocation of funds.--
     Section 252(b) of such Act (42 U.S.C. 15402(b)) is amended to 
     read as follows:
       ``(b) State Allocation Percentage Defined.--
       ``(1) In general.--Except as provided in paragraph (2), the 
     `State allocation percentage' for a State is the amount 
     (expressed as a percentage) equal to the quotient of--
       ``(A) the voting age population of the State (as reported 
     in the most recent decennial census); and
       ``(B) the total voting age population of all States (as 
     reported in the most recent decennial census).
       ``(2) Special rule for payments for fiscal year 2008.--
       ``(A) In general.--In the case of the requirements payment 
     made to a State for fiscal year 2008, the `State allocation 
     percentage' for a State is the amount (expressed as a 
     percentage) equal to the quotient of--
       ``(i) the sum of the number of noncompliant precincts in 
     the State and 50% of the number of partially noncompliant 
     precincts in the State; and
       ``(ii) the sum of the number of noncompliant precincts in 
     all States and 50% of the number of partially noncompliant 
     precincts in all States.
       ``(B) Noncompliant precinct defined.--In this paragraph, a 
     `noncompliant precinct' means any precinct (or equivalent 
     location) within a State for which the voting system used to 
     administer the regularly scheduled general election for 
     Federal office held in November 2006 did not meet either of 
     the requirements described in subparagraph (D).
       ``(C) Partially noncompliant precinct defined.--In this 
     paragraph, a `partially noncompliant precinct' means any 
     precinct (or equivalent location) within a State for which 
     the voting system used to administer the regularly scheduled 
     general election for Federal office held in November 2006 met 
     only one of the requirements described in subparagraph (D).
       ``(D) Requirements described.--The requirements described 
     in this subparagraph with respect to a voting system are as 
     follows:
       ``(i) The primary voting system required the use of or 
     produced durable paper ballots (as described in section 
     301(a)(12)(A)) for every vote cast.
       ``(ii) The voting system provided that the entire process 
     of paper ballot verification was equipped for individuals 
     with disabilities.''.
       (3) Revised conditions for receipt of funds.--Section 253 
     of such Act (42 U.S.C. 15403) is amended--
       (A) in subsection (a), by striking ``A State is eligible'' 
     and inserting ``Except as provided in subsection (f), a State 
     is eligible''; and
       (B) by adding at the end the following new subsection:
       ``(f) Special Rule for Fiscal Year 2008.--
       ``(1) In general.--Notwithstanding any other provision of 
     this part, a State is eligible to receive a requirements 
     payment for fiscal year 2008 if, not later than 90 days after 
     the date of the enactment of the Voter Confidence and 
     Increased Accessibility Act of 2007, the chief executive 
     officer of the State, or designee, in consultation and 
     coordination with the chief State election official--
       ``(A) certifies to the Commission the number of 
     noncompliant and partially noncompliant precincts in the 
     State (as defined in section 252(b)(2)); and
       ``(B) files a statement with the Commission describing the 
     State's need for the payment and how the State will use the 
     payment to meet the requirements of title III (in accordance 
     with the limitations applicable to the use of the payment 
     under section 257(a)(4)).
       ``(2) Certifications by states that require changes to 
     state law.--In the case of a State that requires State 
     legislation to carry out any activity covered by any 
     certification submitted under this subsection, the State 
     shall be permitted to make the certification notwithstanding 
     that the legislation has not been enacted at the time the 
     certification is submitted and such State shall submit an 
     additional certification once such legislation is enacted.''.
       (4) Permitting use of funds for reimbursement for costs 
     previously incurred.--Section 251(c)(1) of such Act (42 
     U.S.C. 15401(c)(1)) is amended by striking the period at the 
     end and inserting the following: ``, or as a reimbursement 
     for any costs incurred after November 2004 in meeting the 
     requirements of title III which are imposed pursuant to the 
     amendments made by section 2 of the Voter Confidence and 
     Increased Accessibility Act of 2007 or in otherwise upgrading 
     or replacing voting systems in a manner consistent with such 
     amendments (so long as the voting systems meet any of the 
     requirements that apply with respect to elections for Federal 
     office held in 2012 and each succeeding year).''.
       (5) Rule of construction regarding states receiving other 
     funds for replacing punch card, lever, or other voting 
     machines.--Nothing in the amendments made by this subsection 
     or in any other provision of the Help America Vote Act of 
     2002 may be construed to prohibit a State which received or 
     was authorized to receive a payment under title I or II of 
     such Act for replacing punch card, lever, or other voting 
     machines from receiving or using any funds which are made 
     available under the amendments made by this subsection.
       (6) Rule of construction regarding use of funds received in 
     prior years.--
       (A) In general.--Nothing contained in this Act or the Help 
     America Vote Act of 2002 may be construed to prohibit a State 
     from using funds received under title I or II of the Help 
     America Vote Act of 2002--
       (i) to purchase or acquire by other means a voting system 
     that meets the requirements of paragraphs (2) and (3) of 
     section 301 of the Help America Vote Act of 2002 (as amended 
     by this Act); or
       (ii) to retrofit a voting system so that it will meet such 
     requirements,
     in order to replace or upgrade (as the case may be) voting 
     systems purchased with funds received under the Help America 
     Vote Act of 2002 that do not require the use of or produce 
     paper ballots.
       (B) Waiver of notice and comment requirements.--The 
     requirements of subparagraphs (A), (B), and (C) of section 
     254(a)(11) of the Help America Vote Act of 2002 shall not 
     apply to any State using funds received under such Act for 
     the purposes described in clause (i) or (ii) of subparagraph 
     (A).
       (7) Effective date.--The amendments made by this subsection 
     shall apply with respect to fiscal years beginning with 
     fiscal year 2008.
       (e) Restriction on Use of Direct Recording Electronic 
     Voting Systems.--Section 301 of such Act (42 U.S.C. 15481), 
     as amended by this section, is amended--
       (1) by redesignating subsections (b) and (c) as subsections 
     (c) through (d), respectively; and
       (2) by inserting after subsection (a) the following new 
     subsection:
       ``(b) Restriction on Use of Direct Recording Electronic 
     Voting Systems.--A direct recording electronic voting system 
     may not be used to administer any election for Federal office 
     held in 2012 or any subsequent year.''
       (f) Effective Date For New Requirements.--Section 301(d) of 
     such Act (42 U.S.C. 15481(d)), as redesignated by subsection 
     (e), 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 subparagraph (B), 
     the requirements of this section which are first imposed on a 
     State and jurisdiction pursuant to the amendments made by 
     section 2 of the Voter Confidence and Increased Accessibility 
     Act of 2007 shall apply with respect to the regularly 
     scheduled general election for Federal office held in 
     November 2008 and each succeeding election for Federal 
     office.
       ``(B) Delay for jurisdictions using certain paper ballot 
     printers or certain paper ballot-equipped accessible machines 
     in 2006.--
       ``(i) Delay.--In the case of a jurisdiction described in 
     clause (ii), subparagraph (A) shall apply to the jurisdiction 
     as if the reference in such subparagraph to `the regularly 
     scheduled general election for Federal

[[Page S13699]]

     office held in November 2008 and each succeeding election for 
     Federal office' were a reference to `elections for Federal 
     office occurring during 2012 and each succeeding year', but 
     only with respect to the following requirements of this 
     section:

       ``(I) Paragraph (3)(B)(ii)(I) and (II) of subsection (a) 
     (relating to access to verification from the durable paper 
     ballot).
       ``(II) Paragraph (12) of subsection (a) (relating to 
     durability and readability requirements for ballots).

       ``(ii) Jurisdictions described.--A jurisdiction described 
     in this clause is--

       ``(I) a jurisdiction which used thermal reel-to-reel voter 
     verified paper ballot printers attached to direct recording 
     electronic voting machines for the administration of the 
     regularly scheduled general election for Federal office held 
     in November 2006 and which will continue to use such printers 
     (or other printers which meet the requirements of paragraph 
     (3)(B)(ii)(I) and (II) of subsection (a)) attached to such 
     voting machines for the administration of elections for 
     Federal office held in years before 2012; or
       ``(II) a jurisdiction which used voting machines which met 
     the accessibility requirements of paragraph (3) of subsection 
     (a) (as in effect with respect to such election) for the 
     administration of the regularly scheduled general election 
     for Federal office held in November 2006 and which used or 
     produced a paper ballot, and which will continue to use such 
     voting machines (or other voting machines which meet the 
     requirements of this section) for the administration of 
     elections for Federal office held in years before 2012.''.

     SEC. 3. ENHANCEMENT OF ENFORCEMENT OF HELP AMERICA VOTE ACT 
                   OF 2002.

       Section 401 of such Act (42 U.S.C. 15511) 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) Filing of Complaints by Aggrieved Persons.--
       ``(1) In general.--A person who is aggrieved by a violation 
     of section 301, 302, or 303 which has occurred, is occurring, 
     or is about to occur may file a written, signed, notarized 
     complaint with the Attorney General describing the violation 
     and requesting the Attorney General to take appropriate 
     action under this section. The Attorney General shall 
     immediately provide a copy of a complaint filed under the 
     previous sentence to the entity responsible for administering 
     the State-based administrative complaint procedures described 
     in section 402(a) for the State involved.
       ``(2) Response by attorney general.--The Attorney General 
     shall respond to each complaint filed under paragraph (1), in 
     accordance with procedures established by the Attorney 
     General that require responses and determinations to be made 
     within the same (or shorter) deadlines which apply to a State 
     under the State-based administrative complaint procedures 
     described in section 402(a)(2). The Attorney General shall 
     immediately provide a copy of the response made under the 
     previous sentence to the entity responsible for administering 
     the State-based administrative complaint procedures described 
     in section 402(a) for the State involved.
       ``(c) Clarification of Availability of Private Right of 
     Action.--Nothing in this section may be construed to prohibit 
     any person from bringing an action under section 1979 of the 
     Revised Statutes of the United States (42 U.S.C. 1983) 
     (including any individual who seeks to enforce the 
     individual's right to a voter-verified paper ballot, the 
     right to have the voter-verified paper ballot counted in 
     accordance with this Act, or any other right under subtitle A 
     of title III) to enforce the uniform and nondiscriminatory 
     election technology and administration requirements under 
     sections 301, 302, and 303.
       ``(d) 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.''.

     SEC. 4. REQUIREMENT FOR MANDATORY MANUAL AUDITS BY HAND 
                   COUNT.

       (a) Mandatory Manual Audits.--Title III of the Help America 
     Vote Act of 2002 (42 U.S.C. 15481 et seq.) is amended by 
     adding at the end the following new subtitle:

                 ``Subtitle C--Mandatory Manual Audits

     ``SEC. 321. REQUIRING AUDITS OF RESULTS OF ELECTIONS.

       ``(a) Requiring Audits.--
       ``(1) In general.--In accordance with this subtitle, each 
     State shall administer, without advance notice to the 
     precincts selected, audits of the results of elections for 
     Federal office held in the State (and, at the option of the 
     State or jurisdiction involved, of elections for State and 
     local office held at the same time as such election) 
     consisting of random hand counts of the voter-verified paper 
     ballots required to be produced and preserved pursuant to 
     section 301(a)(2).
       ``(2) Exception for certain elections.--A State shall not 
     be required to administer an audit of the results of an 
     election for Federal office under this subtitle if the 
     winning candidate in the election--
       ``(A) had no opposition on the ballot; or
       ``(B) received 80% or more of the total number of votes 
     cast in the election, as determined on the basis of the final 
     unofficial vote count.
       ``(b) Determination of Entity Conducting Audits; 
     Application of GAO Independence Standards.--The State shall 
     administer audits under this subtitle through an entity 
     selected for such purpose by the State in accordance with 
     such criteria as the State considers appropriate consistent 
     with the requirements of this subtitle, except that the 
     entity must meet the general standards established by the 
     Comptroller General and as set forth in the Comptroller 
     General's Government Auditing Standards to ensure the 
     independence (including the organizational independence) of 
     entities performing financial audits, attestation 
     engagements, and performance audits.
       ``(c) References to Election Auditor.--In this subtitle, 
     the term `Election Auditor' means, with respect to a State, 
     the entity selected by the State under subsection (b).

     ``SEC. 322. NUMBER OF BALLOTS COUNTED UNDER AUDIT.

       ``(a) In General.--Except as provided in subsection (b), 
     the number of voter-verified paper ballots which will be 
     subject to a hand count administered by the Election Auditor 
     of a State under this subtitle with respect to an election 
     shall be determined as follows:
       ``(1) In the event that the unofficial count as described 
     in section 323(a)(1) reveals that the margin of victory 
     between the two candidates receiving the largest number of 
     votes in the election is less than 1 percent of the total 
     votes cast in that election, the hand counts of the voter-
     verified paper ballots shall occur in at least 10 percent of 
     all precincts or equivalent locations (or alternative audit 
     units used in accordance with the method provided for under 
     subsection (b)) in the Congressional district involved (in 
     the case of an election for the House of Representatives) or 
     the State (in the case of any other election for Federal 
     office).
       ``(2) In the event that the unofficial count as described 
     in section 323(a)(1) reveals that the margin of victory 
     between the two candidates receiving the largest number of 
     votes in the election is greater than or equal to 1 percent 
     but less than 2 percent of the total votes cast in that 
     election, the hand counts of the voter-verified paper ballots 
     shall occur in at least 5 percent of all precincts or 
     equivalent locations (or alternative audit units used in 
     accordance with the method provided for under subsection (b)) 
     in the Congressional district involved (in the case of an 
     election for the House of Representatives) or the State (in 
     the case of any other election for Federal office).
       ``(3) In the event that the unofficial count as described 
     in section 323(a)(1) reveals that the margin of victory 
     between the two candidates receiving the largest number of 
     votes in the election is equal to or greater than 2 percent 
     of the total votes cast in that election, the hand counts of 
     the voter-verified paper ballots shall occur in at least 3 
     percent of all precincts or equivalent locations (or 
     alternative audit units used in accordance with the method 
     provided for under subsection (b)) in the Congressional 
     district involved (in the case of an election for the House 
     of Representatives) or the State (in the case of any other 
     election for Federal office).
       ``(b) Use of Alternative Mechanism.--Notwithstanding 
     subsection (a), a State may adopt and apply an alternative 
     mechanism to determine the number of voter-verified paper 
     ballots which will be subject to the hand counts required 
     under this subtitle with respect to an election, so long as 
     the alternative mechanism uses the voter-verified paper 
     ballots to conduct the audit and the National Institute of 
     Standards and Technology determines that the alternative 
     mechanism will be at least as statistically effective in 
     ensuring the accuracy of the election results as the 
     procedure under this subtitle.

     ``SEC. 323. PROCESS FOR ADMINISTERING AUDITS.

       ``(a) In General.--The Election Auditor of a State shall 
     administer an audit under this section of the results of an 
     election in accordance with the following procedures:
       ``(1) Within 24 hours after the State announces the final 
     unofficial vote count (as defined by the State) in each 
     precinct in the State, the Election Auditor shall determine 
     and then announce the precincts or equivalent locations (or 
     alternative audit units used in accordance with the method 
     provided under section 322(b)) in the State in which it will 
     administer the audits.
       ``(2) With respect to votes cast at the precinct or 
     equivalent location on or before the date of the election 
     (other than provisional ballots described in paragraph (3)), 
     the Election Auditor shall administer the hand count of the 
     votes on the voter-verified paper ballots required to be 
     produced and preserved under section 301(a)(2)(A) and the 
     comparison of the count of the votes on those ballots with 
     the final unofficial count of such votes as announced by the 
     State.
       ``(3) With respect to votes cast other than at the precinct 
     on the date of the election (other than votes cast before the 
     date of the election described in paragraph (2)) or votes 
     cast by provisional ballot on the date of the election which 
     are certified and counted by the State on or after the date 
     of the election, including votes cast by absent uniformed 
     services voters and overseas voters under the Uniformed and 
     Overseas Citizens Absentee Voting Act, the Election Auditor 
     shall administer the hand count of the votes on the 
     applicable voter-verified paper ballots required to be 
     produced and preserved under section 301(a)(2)(A) and the 
     comparison of the count of the votes on those ballots with

[[Page S13700]]

     the final unofficial count of such votes as announced by the 
     State.
       ``(b) Use of Personnel.--In administering the audits, the 
     Election Auditor may utilize the services of the personnel of 
     the State or jurisdiction, including election administration 
     personnel and poll workers, without regard to whether or not 
     the personnel have professional auditing experience.
       ``(c) Location.--The Election Auditor shall administer an 
     audit of an election--
       ``(1) at the location where the ballots cast in the 
     election are stored and counted after the date of the 
     election or such other appropriate and secure location agreed 
     upon by the Election Auditor and the individual that is 
     responsible under State law for the custody of the ballots; 
     and
       ``(2) in the presence of the personnel who under State law 
     are responsible for the custody of the ballots.
       ``(d) Special Rule in Case of Delay in Reporting Absentee 
     Vote Count.--In the case of a State in which the final count 
     of absentee and provisional votes is not announced until 
     after the expiration of the 7-day period which begins on the 
     date of the election, the Election Auditor shall initiate the 
     process described in subsection (a) for administering the 
     audit not later than 24 hours after the State announces the 
     final unofficial vote count for the votes cast at the 
     precinct or equivalent location on or before the date of the 
     election, and shall initiate the administration of the audit 
     of the absentee and provisional votes pursuant to subsection 
     (a)(3) not later than 24 hours after the State announces the 
     final unofficial count of such votes.
       ``(e) Additional Audits if Cause Shown.--
       ``(1) In general.--If the Election Auditor finds that any 
     of the hand counts administered under this section do not 
     match the final unofficial tally of the results of an 
     election, the Election Auditor shall administer hand counts 
     under this section of such additional precincts (or 
     equivalent jurisdictions) as the Election Auditor considers 
     appropriate to resolve any concerns resulting from the audit 
     and ensure the accuracy of the results.
       ``(2) Establishment and publication of procedures governing 
     additional audits.--Not later than August 1, 2008, each State 
     shall establish and publish procedures for carrying out the 
     additional audits under this subsection, including the means 
     by which the State shall resolve any concerns resulting from 
     the audit with finality and ensure the accuracy of the 
     results.
       ``(f) Public Observation of Audits.--Each audit conducted 
     under this section shall be conducted in a manner that allows 
     public observation of the entire process.

     ``SEC. 324. SELECTION OF PRECINCTS.

       ``(a) In General.--Except as provided in subsection (c), 
     the selection of the precincts in the State in which the 
     Election Auditor of the State shall administer the hand 
     counts under this subtitle shall be made by the Election 
     Auditor on an entirely random basis using a uniform 
     distribution in which all precincts in a Congressional 
     district have an equal chance of being selected, in 
     accordance with procedures adopted by the National Institute 
     of Standards and Technology, except that at least one 
     precinct shall be selected at random in each county.
       ``(b) Public Selection.--The random selection of precincts 
     under subsection (a) shall be conducted in public, at a time 
     and place announced in advance.
       ``(c) Mandatory Selection of Precincts Established 
     Specifically For Absentee Ballots.--If a State establishes a 
     separate precinct for purposes of counting the absentee 
     ballots cast in an election and treats all absentee ballots 
     as having been cast in that precinct, and if the state does 
     not make absentee ballots sortable by precinct and include 
     those ballots in the hand count administered with respect to 
     that precinct, the State shall include that precinct among 
     the precincts in the State in which the Election Auditor 
     shall administer the hand counts under this subtitle.
       ``(d) Deadline for Adoption of Procedures by Commission.--
     The National Institute of Standards and Technology shall 
     adopt the procedures described in subsection (a) not later 
     than March 31, 2008, and shall publish them in the Federal 
     Register upon adoption.

     ``SEC. 325. PUBLICATION OF RESULTS.

       ``(a) Submission to Commission.--As soon as practicable 
     after the completion of an audit under this subtitle, the 
     Election Auditor of a State shall-- submit to the Commission 
     the results of the audit, and shall include in the submission 
     a comparison of the results of the election in the precinct 
     as determined by the Election Auditor under the audit and the 
     final unofficial vote count in the precinct as announced by 
     the State and all undervotes, overvotes, blank ballots, and 
     spoiled, voided, or cancelled ballots, as well as a list of 
     any discrepancies discovered between the initial, subsequent, 
     and final hand counts administered by the Election Auditor 
     and such final unofficial vote count and any explanation for 
     such discrepancies, broken down by the categories of votes 
     described in paragraphs (2) and (3) of section 323(a).
       ``(b) Publication by Commission.--Immediately after 
     receiving the submission of the results of an audit from the 
     Election Auditor of a State under subsection (a), the 
     Commission shall publicly announce and publish the 
     information contained in the submission.
       ``(c) Delay in Certification of Results by State.--
       ``(1) Prohibiting certification until completion of 
     audits.--No State may certify the results of any election 
     which is subject to an audit under this subtitle prior to--
       ``(A) to the completion of the audit (and, if required, any 
     additional audit conducted under section 323(e)(1)) and the 
     announcement and submission of the results of each such audit 
     to the Commission for publication of the information required 
     under this section; and
       ``(B) the completion of any procedure established by the 
     State pursuant to section 323(e)(2) to resolve discrepancies 
     and ensure the accuracy of results.
       ``(2) Deadline for completion of audits of presidential 
     elections.--In the case of an election for electors for 
     President and Vice President which is subject to an audit 
     under this subtitle, the State shall complete the audits and 
     announce and submit the results to the Commission for 
     publication of the information required under this section in 
     time for the State to certify the results of the election and 
     provide for the final determination of any controversy or 
     contest concerning the appointment of such electors prior to 
     the deadline described in section 6 of title 3, United States 
     Code.

     ``SEC. 326. PAYMENTS TO STATES.

       ``(a) Payments For Costs of Conducting Audits.--In 
     accordance with the requirements and procedures of this 
     section, the Commission shall make a payment to a State to 
     cover the costs incurred by the State in carrying out this 
     subtitle with respect to the elections that are the subject 
     of the audits conducted under this subtitle.
       ``(b) Certification of Compliance and Anticipated Costs.--
       ``(1) Certification required.--In order to receive a 
     payment under this section, a State shall submit to the 
     Commission, in such form as the Commission may require, a 
     statement containing--
       ``(A) a certification that the State will conduct the 
     audits required under this subtitle in accordance with all of 
     the requirements of this subtitle;
       ``(B) a notice of the reasonable costs incurred or the 
     reasonable costs anticipated to be incurred by the State in 
     carrying out this subtitle with respect to the elections 
     involved; and
       ``(C) such other information and assurances as the 
     Commission may require.
       ``(2) Amount of payment.--The amount of a payment made to a 
     State under this section shall be equal to the reasonable 
     costs incurred or the reasonable costs anticipated to be 
     incurred by the State in carrying out this subtitle with 
     respect to the elections involved, as set forth in the 
     statement submitted under paragraph (1).
       ``(3) Timing of notice.--The State may not submit a notice 
     under paragraph (1) until candidates have been selected to 
     appear on the ballot for all of the elections for Federal 
     office which will be the subject of the audits involved.
       ``(c) Timing of Payments.--The Commission shall make the 
     payment required under this section to a State not later than 
     30 days after receiving the notice submitted by the State 
     under subsection (b).
       ``(d) Recoupment of Overpayments.--No payment may be made 
     to a State under this section unless the State agrees to 
     repay to the Commission the excess (if any) of--
       ``(1) the amount of the payment received by the State under 
     this section with respect to the elections involved; over
       ``(2) the actual costs incurred by the State in carrying 
     out this subtitle with respect to the elections involved.
       ``(e) Authorization of Appropriations.--There are 
     authorized to be appropriated to the Commission for fiscal 
     year 2008 and each succeeding fiscal year $100,000,000 for 
     payments under this section.

     ``SEC. 327. EXCEPTION FOR ELECTIONS SUBJECT TO RECOUNT UNDER 
                   STATE LAW PRIOR TO CERTIFICATION.

       ``(a) Exception.--This subtitle does not apply to any 
     election for which a recount under State law will commence 
     prior to the certification of the results of the election, 
     including but not limited to a recount required automatically 
     because of the margin of victory between the 2 candidates 
     receiving the largest number of votes in the election, but 
     only if each of the following applies to the recount:
       ``(1) The recount commences prior to the determination and 
     announcement by the Election Auditor under section 323(a)(1) 
     of the precincts in the State in which it will administer the 
     audits under this subtitle.
       ``(2) If the recount would apply to fewer than 100% of the 
     ballots cast in the election--
       ``(A) the number of ballots counted will be at least as 
     many as would be counted if an audit were conducted with 
     respect to the election in accordance with this subtitle; and
       ``(B) the selection of the precincts in which the recount 
     will be conducted will be made in accordance with the random 
     selection procedures applicable under section 324.
       ``(3) The recount for the election meets the requirements 
     of section 323(f) (relating to public observation).
       ``(4) The State meets the requirements of section 325 
     (relating to the publication of results and the delay in the 
     certification of results) with respect to the recount.
       ``(b) Clarification of Effect on Other Requirements.--
     Nothing in this section may be construed to waive the 
     application of any other provision of this Act to any 
     election (including the requirement set forth in section 
     301(a)(2) that the voter verified paper

[[Page S13701]]

     ballots serve as the vote of record and shall be counted by 
     hand in all audits and recounts, including audits and 
     recounts described in this subtitle).

     ``SEC. 328. EFFECTIVE DATE.

       ``This subtitle shall apply with respect to elections for 
     Federal office beginning with the regularly scheduled general 
     elections held in November 2008.''.
       (b) Availability of Enforcement Under Help America Vote Act 
     of 2002.--Section 401 of such Act (42 U.S.C. 15511), as 
     amended by section 3, is amended--
       (1) in subsection (a), by striking the period at the end 
     and inserting the following: ``, or the requirements of 
     subtitle C of title III.'';
       (2) in subsection (b)(1), by striking ``303'' and inserting 
     ``303, or subtitle C of title III,''; and
       (3) in subsection (c)--
       (A) by striking ``subtitle A'' and inserting ``subtitles A 
     or C'', and
       (B) by striking the period at the end and inserting the 
     following: ``, or the requirements of subtitle C of title 
     III.''.
       (c) Guidance on Best Practices for Alternative Audit 
     Mechanisms.--
       (1) In general.--Not later than May 1, 2008, the Director 
     of the National Institute for Standards and Technology shall 
     establish guidance for States that wish to establish 
     alternative audit mechanisms under section 322(b) of the Help 
     America Vote Act of 2002 (as added by subsection (a)). Such 
     guidance shall be based upon scientifically and statistically 
     reasonable assumptions for the purpose of creating an 
     alternative audit mechanism that will be at least as 
     effective in ensuring the accuracy of election results and as 
     transparent as the procedure under subtitle C of title III of 
     such Act (as so added).
       (2) Authorization of appropriations.--There are authorized 
     to be appropriated to carry out paragraph (1) $100,000, to 
     remain available until expended.
       (d) Clerical Amendment.--The table of contents of such Act 
     is amended by adding at the end of the items relating to 
     title III the following:

                 ``Subtitle C--Mandatory Manual Audits

``Sec. 321. Requiring audits of results of elections.
``Sec. 322. Number of ballots counted under audit.
``Sec. 323. Process for administering audits.
``Sec. 324. Selection of precincts.
``Sec. 325. Publication of results.
``Sec. 326. Payments to States.
``Sec. 327. Exception for elections subject to recount under State law 
              prior to certification.
``Sec. 328. Effective date.''.

     SEC. 5. REPEAL OF EXEMPTION OF ELECTION ASSISTANCE COMMISSION 
                   FROM CERTAIN GOVERNMENT CONTRACTING 
                   REQUIREMENTS.

       (a) In General.--Section 205 of the Help America Vote Act 
     of 2002 (42 U.S.C. 15325) is amended by striking subsection 
     (e).
       (b) Effective Date.--The amendment made by subsection (a) 
     shall apply with respect to contracts entered into by the 
     Election Assistance Commission on or after the date of the 
     enactment of this Act.

     SEC. 6. EFFECTIVE DATE.

       Except as otherwise provided, this Act and the amendments 
     made by this Act shall apply with respect to the regularly 
     scheduled general election for Federal office in November 
     2008 and each succeeding election for Federal office.
                                 ______