,i #aacth ,,congress #b;d ,session ,h4 ,r4 #egda ,,in ,,the ,,house ,,of ,,representatives ,november #ai1 #bjad ,mr4 ,holt 7for himself1 ,mr4 ,larson of ,connecticut1 ,ms4 ,matsui1 ,mrs4 ,napolitano1 ,ms4 ,kaptur1 ,ms4 ,edwards1 ,mr4 ,gene ,green of ,texas1 ,ms4 ,brown of ,florida1 ,ms4 ,pingree of ,maine1 ,mr4 ,israel1 ,mr4 ,ellison1 ,mr4 ,cohen1 ,mrs4 ,lowey1 ,mr4 ,grijalva1 ,mrs4 ,mc,carthy of ,new ,york1 ,ms4 ,norton1 ,mr4 ,scott of ,virginia1 ,mr4 ,blumenauer1 ,mr4 ,serrano1 ,mr4 ,schiff1 ,mr4 ,waxman1 ,mr4 ,sarbanes1 ,mr4 ,mc,dermott1 ,mrs4 ,beatty1 ,mr4 ,capuano1 ,mr4 ,richmond1 ,ms4 ,lee of ,california1 ,ms4 ,mc,collum1 ,mr4 ,honda1 ,mr4 ,cummings1 ,mr4 ,o',rourke1 ,mr4 ,garamendi1 ,mr4 ,meeks1 ,mr4 ,pocan1 ,mr4 ,tonko1 ,mr4 ,hastings of ,florida1 ,mr4 ,rangel1 ,ms4 ,wasserman ,schultz1 ,mr4 ,moran1 ,mr4 ,larsen of ,washington1 ,mr4 ,johnson of ,georgia1 ,mr4 ,polis1 and ,ms4 ,de,gette7 introduced the following bill2 which was referred to the ,committee on ,house ,administration1 and in addition to the ,committee on ,science1 ,space1 and ,technology1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to amend the ,help ,america ,vote ,act of #bjjb to require a voter-verified permanent paper ballot under title ,,iii of such ,act1 and for other purposes4 #a4 ,short title2 ,table of ,contents 7a7 ,short ,title ,this ,act may be cited as the ,voter ,confidence and ,increased ,accessibility ,act of #bjad4 7b7 ,table of ,contents ,the table of contents of this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,title ,i--,promoting ,accuracy1 ,integrity1 and ,security ,through ,voter-verified ,permanent ,paper ,ballot ,sec4 #aja4 ,paper ballot and manual counting requirements4 ,sec4 #ajb4 ,accessibility and ballot verification for individuals with disabilities4 ,sec4 #ajc4 ,additional voting system requirements4 ,sec4 #ajd4 ,availability of additional funding to enable ,states to meet costs of revised requirements4 ,sec4 #aje4 ,effective date for new requirements4 ,title ,,ii--,enhancement of ,enforcement ,sec4 #bja4 ,enhancement of enforcement of ,help ,america ,vote ,act of #bjjb4 ,title ,,iii--,requirement for ,mandatory ,manual ,audits by ,hand ,count ,sec4 #cja4 ,mandatory manual audits4 ,sec4 #cba4 ,requiring audits of results of elections4 ,sec4 #cbb4 ,number of ballots counted under audit4 ,sec4 #cbc4 ,process for administering audits4 ,sec4 #cbd4 ,selection of precincts4 ,sec4 #cbe4 ,publication of results4 ,sec4 #cbf4 ,payments to ,states4 ,sec4 #cbg4 ,exception for elections subject to recount under ,state law prior to certification4 ,sec4 #cbh4 ,effective date4 ,sec4 #cjb4 ,availability of enforcement under ,help ,america ,vote ,act of #bjjb4 ,sec4 #cjc4 ,guidance on best practices for alternative audit mechanisms4 ,sec4 #cjd4 ,clerical amendment4 ,title ,,iv--,repeal of ,exemption of ,election ,assistance ,commission ,from ,certain ,government ,contracting ,requirements ,sec4 #dja4 ,repeal of exemption of ,election ,assistance ,commission from certain government contracting requirements4 ,title ,v--,effective ,date ,sec4 #eja4 ,effective date4 ,i ,promoting accuracy1 integrity1 and security through voter-verified permanent paper ballot #aja4 ,paper ,ballot and ,manual ,counting ,requirements 7a7 ,in general ,section #cja7;a77#b7 of the ,help ,america ,vote ,act of #bjjb 7#db ,u4,s4,c4 #aedha7;a77#b77 is amended to read as follows3 7#b7 ,paper ballot requirement 7,a7 ,voter-verified paper ballots 7i7 ,paper ballot requirement 7,i7 ,the voting system shall require the use of an individual1 durable1 voter-verified1 paper ballot of the voter's vote that shall be marked and made available for inspection and verification by the voter before the voter's vote is cast and counted1 and which shall be counted by hand or read by an optical scanner or other counting device4 ,for purposes of this subclause1 the term individual1 durable1 voter-verified1 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 or system1 so long as the voter shall have the option to mark his or her ballot by hand4 7,,ii7 ,the voting system shall provide the voter with an opportunity to correct any error on the paper ballot before the permanent voter-verified paper ballot is preserved in accordance with clause 7ii74 7,,iii7 ,the voting system shall not preserve the voter-verified paper ballots in any manner that makes it possible1 at any time after the ballot has been cast1 to associate a voter with the record of the voter's vote without the voter's consent4 7ii7 ,preservation as official record ,the individual1 durable1 voter-verified1 paper ballot used in accordance with clause 7i7 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 used4 7iii7 ,manual counting requirements for recounts and audits 7,i7 ,each paper ballot used pursuant to clause 7i7 shall be suitable for a manual audit1 and shall be counted by hand in any recount or audit conducted with respect to any election for ,federal office4 7,,ii7 ,in the event of any inconsistencies or irregularities between any electronic vote tallies and the vote tallies determined by counting by hand the individual1 durable1 voter-verified1 paper ballots used pursuant to clause 7i71 and subject to subparagraph 7,b71 the individual1 durable1 voter-verified1 paper ballots shall be the true and correct record of the votes cast4 7iv7 ,application to all ballots ,the requirements of this subparagraph shall apply to all ballots cast in elections for ,federal office1 including ballots cast by absent uniformed services voters and overseas voters under the ,uniformed and ,overseas ,citizens ,absentee ,voting ,act and other absentee voters4 7,b7 ,special rule for treatment of disputes when paper ballots have been shown to be compromised 7i7 ,in general ,in the event that-- 7,i7 there is any inconsistency between any electronic vote tallies and the vote tallies determined by counting by hand the individual1 durable1 voter-verified1 paper ballots used pursuant to subparagraph 7,a77i7 with respect to any election for ,federal office2 and 7,,ii7 it is demonstrated by clear and convincing evidence 7as determined in accordance with the applicable standards in the jurisdiction involved7 in any recount1 audit1 or contest of the result of the election that the paper ballots have been compromised 7by damage or mischief or otherwise7 and that a sufficient number of the ballots have been so compromised that the result of the election could be changed1 the determination of the appropriate remedy with respect to the election shall be made in accordance with applicable ,state law1 except that the electronic tally shall not be used as the exclusive basis for determining the official certified result4 7ii7 ,rule for consideration of ballots associated with each voting machine ,for purposes of clause 7i71 only the paper ballots deemed compromised1 if any1 shall be considered in the calculation of whether or not the result of the election could be changed due to the compromised paper ballots4 4 7b7 ,conforming amendment clarifying applicability of alternative language accessibility ,section #cja7;a77#d7 of such ,act 7#db ,u4,s4,c4 #aedha7;a77#d77 is amended by inserting 7including the paper ballots required to be used under paragraph 7#b77 after voting system4 7c7 ,other conforming amendments ,section #cja7;a77#a7 of such ,act 7#db ,u4,s4,c4 #aedha7;a77#a77 is amended-- 7#a7 in subparagraph 7,a77i71 by striking counted and inserting counted1 in accordance with paragraphs 7#b7 and 7#c72 7#b7 in subparagraph 7,a77ii71 by striking counted and inserting counted1 in accordance with paragraphs 7#b7 and 7#c72 7#c7 in subparagraph 7,a77iii71 by striking counted each place it appears and inserting counted1 in accordance with paragraphs 7#b7 and 7#c72 and 7#d7 in subparagraph 7,b77ii71 by striking counted and inserting counted1 in accordance with paragraphs 7#b7 and 7#c74 #ajb4 ,accessibility and ,ballot ,verification for ,individuals ,with ,disabilities 7a7 ,in general ,section #cja7;a77#c77;,b7 of the ,help ,america ,vote ,act of #bjjb 7#db ,u4,s4,c4 #aedha7;a77#c77;,b77 is amended to read as follows3 7,b7 7i7 satisfy the requirement of subparagraph 7,a7 through the use of at least one voting system equipped for individuals with disabilities1 including nonvisual and enhanced visual accessibility for the blind and visually impaired1 and nonmanual and enhanced manual accessibility for the mobility and dexterity impaired1 at each polling place2 and 7ii7 meet the requirements of subparagraph 7,a7 and paragraph 7#b77;,a7 by using a system that-- 7,i7 allows the voter to privately and independently verify the permanent paper ballot through the presentation1 in accessible form1 of the printed or marked vote selections from the same printed or marked information that would be used for any vote counting or auditing2 and 7,,ii7 allows the voter to privately and independently verify and cast the permanent paper ballot without requiring the voter to manually handle the paper ballot2 and 4 7b7 ,specific requirement of study1 testing1 and development of accessible paper ballot verification mechanisms 7#a7 ,study and reporting ,subtitle ,c of title ,,ii of such ,act 7#db ,u4,s4,c4 #aecha et seq47 is amended-- 7,a7 by redesignating section #bdg as section #bdh2 and 7,b7 by inserting after section #bdf the following new section3 #bdg4 ,study and report on accessible paper ballot verification mechanisms 7a7 ,study and ,report ,the ,director of the ,national ,science ,foundation shall make grants to not fewer than #c eligible entities to study1 test1 and develop accessible paper ballot voting1 verification1 and casting mechanisms and devices and best practices to enhance the accessibility of paper ballot voting and verification mechanisms for individuals with disabilities1 for voters whose primary language is not ,english1 and for voters with difficulties in literacy1 including best practices for the mechanisms themselves and the processes through which the mechanisms are used4 7b7 ,eligibility ,an entity is eligible to receive a grant under this part if it submits to the ,director 7at such time and in such form as the ,director may require7 an application containing-- 7#a7 certifications that the entity shall specifically investigate enhanced methods or devices1 including non-electronic devices1 that will assist such individuals and voters in marking voter-verified paper ballots and presenting or transmitting the information printed or marked on such ballots back to such individuals and voters1 and casting such ballots2 7#b7 a certification that the entity shall complete the activities carried out with the grant not later than ,december #ca1 #bjaf2 and 7#c7 such other information and certifications as the ,director may require4 7c7 ,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 public1 including to manufacturers of voting systems4 7d7 ,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 7a7 are coordinated with the research conducted under the grant program carried out by the ,commission under section #bga1 to the extent that the ,director and ,commission determine necessary to provide for the advancement of accessible voting technology4 7e7 ,authorization of ,appropriations ,there are authorized to be appropriated to carry out subsection 7a7 #e1jjj1jjj1 to remain available until expended4 4 7#b7 ,clerical amendment ,the table of contents of such ,act is amended-- 7,a7 by redesignating the item relating to section #bdg as relating to section #bdh2 and 7,b7 by inserting after the item relating to section #bdf the following new item3 ,sec4 #bdg4 ,study and report on accessible paper ballot verification mechanisms4 4 7c7 ,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 disabilities1 the ,election ,assistance ,commission shall include and apply the same accessibility standards applicable under the voluntary guidance adopted for accessible voting systems under such subtitle4 7d7 ,permitting ,use of ,funds for ,protection and ,advocacy ,systems ,to ,support ,actions ,to ,enforce ,election-,related ,disability ,access ,section #bib7;a7 of the ,help ,america ,vote ,act of #bjjb 7#db ,u4,s4,c4 #aedfb7;a77 is amended by striking 2 except that and all that follows and inserting a period4 #ajc4 ,additional ,voting ,system ,requirements 7a7 ,requirements described ,section #cja7;a7 of the ,help ,america ,vote ,act of #bjjb 7#db ,u4,s4,c4 #aedha7;a77 is amended by adding at the end the following new paragraphs3 7#g7 ,prohibiting use of uncertified election-dedicated voting system technologies2 disclosure requirements 7,a7 ,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-- 7i7 which has not been certified by the ,state for use in the election2 and 7ii7 which has not been deposited with an accredited laboratory described in section #bca to be held in escrow and disclosed in accordance with this section4 7,b7 ,requirement for disclosure and limitation on restricting disclosure ,an accredited laboratory under section #bca with whom an election-dedicated voting system technology has been deposited shall-- 7i7 hold the technology in escrow2 and 7ii7 disclose technology and information regarding the technology to another person if-- 7,i7 the person is a qualified person described in subparagraph 7,c7 who has entered into a nondisclosure agreement with respect to the technology which meets the requirements of subparagraph 7,d72 or 7,,ii7 the laboratory is permitted or required to disclose the technology to the person under ,state law1 in accordance with the terms and conditions applicable under such law4 7,c7 ,qualified persons described ,with respect to the disclosure of election-dedicated voting system technology by a laboratory under subparagraph 7,b77ii77,i71 a qualified person is any of the following3 7i7 ,a governmental entity with responsibility for the administration of voting and election-related matters for purposes of reviewing1 analyzing1 or reporting on the technology4 7ii7 ,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 election1 including but not limited to election contests or challenges to the certification of the technology1 or an expert for a party to such litigation1 for purposes of reviewing or analyzing the technology to support or oppose the litigation1 and all parties to the litigation shall have access to the technology for such purposes4 7iii7 ,a person not described in clause 7i7 or 7ii7 who reviews1 analyzes1 or reports on the technology solely for an academic1 scientific1 technological1 or other investigation or inquiry concerning the accuracy or integrity of the technology4 7,d7 ,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-- 7i7 is limited in scope to coverage of the technology disclosed under subparagraph 7,b7 and any trade secrets and intellectual property rights related thereto2 7ii7 does not prohibit a signatory from entering into other nondisclosure agreements to review other technologies under this paragraph2 7iii7 exempts from coverage any information the signatory lawfully obtained from another source or any information in the public domain2 7iv7 remains in effect for not longer than the life of any trade secret or other intellectual property right related thereto2 7v7 prohibits the use of injunctions barring a signatory from carrying out any activity authorized under subparagraph 7,c71 including injunctions limited to the period prior to a trial involving the technology2 7vi7 is silent as to damages awarded for breach of the agreement1 other than a reference to damages available under applicable law2 7vii7 allows disclosure of evidence of crime1 including in response to a subpoena or warrant2 7viii7 allows the signatory to perform analyses on the technology 7including by executing the technology71 disclose reports and analyses that describe operational issues pertaining to the technology 7including vulnerabilities to tampering1 errors1 risks associated with use1 failures as a result of use1 and other problems71 and describe or explain why or how a voting system failed or otherwise did not perform as intended2 and 7ix7 provides that the agreement shall be governed by the trade secret laws of the applicable ,state4 7,e7 ,election-dedicated voting system technology defined ,for purposes of this paragraph3 7i7 ,in general ,the term election-dedicated voting system technology means the following3 7,i7 ,the source code used for the trusted build and its file signatures4 7,,ii7 ,a complete disk image of the pre-build1 build environment1 and any file signatures to validate that it is unmodified4 7,,iii7 ,a complete disk image of the post-build1 build environment1 and any file signatures to validate that it is unmodified4 7,,iv7 ,all executable code produced by the trusted build and any file signatures to validate that it is unmodified4 7,v7 ,installation devices and software file signatures4 7ii7 ,exclusion ,such term does not include commercial-off-the-shelf software and hardware defined under the #bjje voluntary voting system guidelines adopted by the ,commission under section #bbb4 7#h7 ,prohibition of use of wireless communications devices in systems or devices ,no system or device upon which ballots are programmed or votes are cast or tabulated shall contain1 use1 or be accessible by any wireless1 power-line1 or concealed communication device1 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 permitted4 7#i7 ,prohibiting connection of system to the internet 7,a7 ,in general ,no system or device upon which ballots are programmed or votes are cast or tabulated shall be connected to the ,internet at any time4 7,b7 ,rule of construction ,nothing contained in this paragraph shall be deemed to prohibit the ,commission from conducting the studies under section #bdb or to conduct other similar studies under any other provision of law in a manner consistent with this paragraph4 7#aj7 ,security standards for voting systems used in ,federal elections 7,a7 ,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 7,b74 7,b7 ,requirements described ,the requirements described in this subparagraph are as follows3 7i7 ,the manufacturer and the election officials shall document the secure chain of custody for the handling of all software1 hardware1 vote storage media1 blank ballots1 and completed ballots used in connection with voting systems1 and shall make the information available upon request to the ,commission4 7ii7 ,the manufacturer shall disclose to an accredited laboratory under section #bca and to the appropriate election official any information required to be disclosed under paragraph 7#g74 7iii7 ,after the appropriate election official has certified the election-dedicated and other voting system software for use in an election1 the manufacturer may not-- 7,i7 alter such software2 or 7,,ii7 insert or use in the voting system any software1 software patch1 or other software modification not certified by the ,state for use in the election4 7iv7 ,at the request of the ,commission-- 7,i7 the appropriate election official shall submit information to the ,commission regarding the ,state's compliance with this subparagraph2 and 7,,ii7 the manufacturer shall submit information to the ,commission regarding the manufacturer's compliance with this subparagraph4 7,c7 ,development and publication of best practices of secure chain of custody ,not later than ,august #a1 #bjae1 the ,commission shall develop and make publicly available best practices regarding the requirement of subparagraph 7,b77i7 and 7,b77iii71 and in the case of subparagraph 7,b77iii71 shall include best practices for certifying software patches and minor software modifications under short deadlines4 7,d7 ,disclosure of secure chain of custody ,the ,commission shall make information provided to the ,commission under subparagraph 7,b77i7 available to any person upon request4 7#aa7 ,durability and readability requirements for ballots 7,a7 ,durability requirements for paper ballots 7i7 ,in general ,all voter-verified paper ballots required to be used under this ,act shall be marked or printed on durable paper4 7ii7 ,definition ,for purposes of this ,act1 paper is durable if it is capable of withstanding multiple counts and recounts by hand without compromising the fundamental integrity of the ballots1 and capable of retaining the information marked or printed on them for the full duration of a retention and preservation period of #bb months4 7,b7 ,readability requirements for paper ballots marked by ballot marking device ,all voter-verified paper ballots completed by the voter through the use of a ballot marking device shall be clearly readable by the voter without assistance 7other than eyeglasses or other personal vision enhancing devices7 and by a scanner or other device equipped for individuals with disabilities4 4 7b7 ,requiring laboratories ,to meet standards prohibiting conflicts of interest as condition of accreditation for testing of voting system hardware and software 7#a7 ,in general ,section #bca7;b7 of such ,act 7#db ,u4,s4,c4 #aecga7;b77 is amended by adding at the end the following new paragraphs3 7#c7 ,prohibiting conflicts of interest2 ensuring availability of results 7,a7 ,in general ,a laboratory may not be accredited by the ,commission for purposes of this section unless-- 7i7 the laboratory certifies that the only compensation it receives for the testing carried out in connection with the certification1 decertification1 and recertification of the manufacturer's voting system hardware and software is the payment made from the ,testing ,escrow ,account under paragraph 7#d72 7ii7 the laboratory meets such standards as the ,commission shall establish 7after notice and opportunity for public comment7 to prevent the existence or appearance of any conflict of interest in the testing carried out by the laboratory under this section1 including standards to ensure that the laboratory does not have a financial interest in the manufacture1 sale1 and distribution of voting system hardware and software1 and is sufficiently independent from other persons with such an interest2 7iii7 the laboratory certifies that it will permit an expert designated by the ,commission or by the ,state requiring certification of the system being tested to observe any testing the laboratory carries out under this section2 and 7iv7 the laboratory1 upon completion of any testing carried out under this section1 discloses the test protocols1 results1 and all communication between the laboratory and the manufacturer to the ,commission4 7,b7 ,availability of results ,upon receipt of information under subparagraph 7,a71 the ,commission shall make the information available promptly to election officials and the public4 7#d7 ,procedures for conducting testing2 payment of user fees for compensation of accredited laboratories 7,a7 ,establishment of escrow account ,the ,commission shall establish an escrow account 7to be known as the ,testing ,escrow ,account7 for making payments to accredited laboratories for the costs of the testing carried out in connection with the certification1 decertification1 and recertification of voting system hardware and software4 7,b7 ,schedule of fees ,in consultation with the accredited laboratories1 the ,commission shall establish and regularly update a schedule of fees for the testing carried out in connection with the certification1 decertification1 and recertification of voting system hardware and software1 based on the reasonable costs expected to be incurred by the accredited laboratories in carrying out the testing for various types of hardware and software4 7,c7 ,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-- 7i7 the manufacturer submits a detailed request for the testing to the ,commission2 and 7ii7 the manufacturer pays to the ,commission1 for deposit into the ,testing ,escrow ,account established under subparagraph 7,a71 the applicable fee under the schedule established and in effect under subparagraph 7,b74 7,d7 ,selection of laboratory ,upon receiving a request for testing and the payment from a manufacturer required under subparagraph 7,c71 the ,commission shall select1 from all laboratories which are accredited under this section to carry out the specific testing requested by the manufacturer1 an accredited laboratory to carry out the testing4 7,e7 ,payments to laboratories ,upon receiving a certification from a laboratory selected to carry out testing pursuant to subparagraph 7,d7 that the testing is completed1 along with a copy of the results of the test as required under paragraph 7#c77;,a77iv71 the ,commission shall make a payment to the laboratory from the ,testing ,escrow ,account established under subparagraph 7,a7 in an amount equal to the applicable fee paid by the manufacturer under subparagraph 7,c77ii74 7#e7 ,dissemination of additional information on accredited laboratories 7,a7 ,information on testing ,upon completion of the testing of a voting system under this section1 the ,commission shall promptly disseminate to the public the identification of the laboratory which carried out the testing4 7,b7 ,information on status of laboratories ,the ,commission shall promptly notify ,congress1 the chief ,state election official of each ,state1 and the public whenever-- 7i7 the ,commission revokes1 terminates1 or suspends the accreditation of a laboratory under this section2 7ii7 the ,commission restores the accreditation of a laboratory under this section which has been revoked1 terminated1 or suspended2 or 7iii7 the ,commission has credible evidence of significant security failure at an accredited laboratory4 4 7#b7 ,conforming amendments ,section #bca of such ,act 7#db ,u4,s4,c4 #aecga7 is further amended-- 7,a7 in subsection 7a77#a71 by striking testing1 certification1 and all that follows and inserting the following3 testing of voting system hardware and software by accredited laboratories in connection with the certification1 decertification1 and recertification of the hardware and software for purposes of this ,act42 7,b7 in subsection 7a77#b71 by striking testing1 certification1 and all that follows and inserting the following3 testing of its voting system hardware and software by the laboratories accredited by the ,commission under this section in connection with certifying1 decertifying1 and recertifying the hardware and software42 7,c7 in subsection 7b77#a71 by striking testing1 certification1 decertification1 and recertification and inserting testing2 and 7,d7 in subsection 7d71 by striking testing1 certification1 decertification1 and recertification each place it appears and inserting testing4 7#c7 ,deadline for establishment of standards1 escrow account1 and schedule of fees ,the ,election ,assistance ,commission shall establish the standards described in section #bca7;b77#c7 of the ,help ,america ,vote ,act of #bjjb and the ,testing ,escrow ,account and schedule of fees described in section #bca7;b77#d7 of such ,act 7as added by paragraph 7#a77 not later than ,january #a1 #bjae4 7#d7 ,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 7#c7 and 7#d7 of section #bca of the ,help ,america ,vote ,act of #bjjb 7as added by paragraph 7#a774 7c7 ,grants for research on development of election-,dedicated voting system software 7#a7 ,in general ,subtitle ,d of title ,,ii of the ,help ,america ,vote ,act of #bjjb 7#db ,u4,s4,c4 #aedja et seq47 is amended by adding at the end the following new part3 #g ,grants for research on development of election-,dedicated voting system software #big4 ,grants for research on development of election-dedicated voting system software 7a7 ,in ,general ,the ,director of the ,national ,science ,foundation 7hereafter in this part referred to as the ,director7 shall make grants to not fewer than #c eligible entities to conduct research on the development of election-dedicated voting system software4 7b7 ,eligibility ,an entity is eligible to receive a grant under this part if it submits to the ,director 7at such time and in such form as the ,director may require7 an application containing-- 7#a7 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 elections2 7#b7 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 ,,iii2 and 7#c7 such other information and certifications as the ,director may require4 7c7 ,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 public1 including to manufacturers of voting systems4 7d7 ,authorization of ,appropriations ,there are authorized to be appropriated for grants under this section #a1ejj1jjj for each of fiscal years #bjae and #bjaf1 to remain available until expended4 4 7#b7 ,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 following3 ,part #g--;,grants for research on development of election-,dedicated voting system software ,sec4 #big4 ,grants for research on development of election-dedicated voting system software4 4 #ajd4 ,availability of ,additional ,funding ,to ,enable ,states ,to ,meet ,costs of ,revised ,requirements 7a7 ,extension of requirements payments for meeting revised requirements ,section #beg7;a7 of the ,help ,america ,vote ,act of #bjjb 7#db ,u4,s4,c4 #aedjg7;a77 is amended by adding at the end the following new paragraph3 7#e7 ,for fiscal year #bjae1 the sum of-- 7,a7 #a1jjj1jjj1jjj1 except that any funds provided under the authorization made by this subparagraph 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 title ,i of the ,voter ,confidence and ,increased ,accessibility ,act of #bjad1 or to otherwise modify or replace its voting systems in response to such amendments2 plus 7,b7 such sums as may be necessary to enable ,states to carry out the activities described in subparagraph 7,a7 with respect to requirements which first apply to the regularly scheduled general election for ,federal office held in ,november #bjai1 except that any funds provided under the authorization made by this subparagraph shall be used by a ,state only for carrying out these activities4 4 7b7 ,use of revised formula for allocation of funds ,section #beb7;b7 of such ,act 7#db ,u4,s4,c4 #aedjb7;b77 is amended to read as follows3 7b7 ,state ,allocation ,percentage ,defined 7#a7 ,in general ,except as provided in paragraph 7#b71 the ,state allocation percentage for a ,state is the amount 7expressed as a percentage7 equal to the quotient of-- 7,a7 the voting age population of the ,state 7as reported in the most recent decennial census72 and 7,b7 the total voting age population of all ,states 7as reported in the most recent decennial census74 7#b7 ,special rule for payments used to meet requirements imposed under ,voter ,confidence and ,increased ,accessibility ,act of #bjad 7,a7 ,in general ,in the case of the requirements payment made to a ,state under the authorization made by section #beg7;a77#e7 for fiscal year #bjae or any fiscal year thereafter1 the ,state allocation percentage for a ,state is the amount 7expressed as a percentage7 equal to the quotient of-- 7i7 the sum of the number of noncompliant precincts in the ,state and #ej percent of the number of partially noncompliant precincts in the ,state2 and 7ii7 the sum of the number of noncompliant precincts in all ,states and #ej percent of the number of partially noncompliant precincts in all ,states4 7,b7 ,noncompliant precinct defined ,in this paragraph1 a noncompliant precinct means any precinct 7or equivalent location7 within a ,state for which the voting system used to administer the regularly scheduled general election for ,federal office held in ,november #bjab did not meet either of the requirements described in subparagraph 7,d74 7,c7 ,partially noncompliant precinct defined ,in this paragraph1 a partially noncompliant precinct means any precinct 7or equivalent location7 within a ,state for which the voting system used to administer the regularly scheduled general election for ,federal office held in ,november #bjab met only one of the requirements described in subparagraph 7,d74 7,d7 ,requirements described ,the requirements described in this subparagraph with respect to a voting system are as follows3 7i7 ,the primary voting system required the use of durable paper ballots 7as described in section #cja7;a77#b77;,a77i77,i7 and #cja7;a77#aa77;,a71 as amended or added by the ,voter ,confidence and ,increased ,accessibility ,act of #bjad7 for every vote cast4 7ii7 ,the voting system allowed the voter to privately and independently verify the permanent paper ballot through the presentation of the same printed or marked information used for vote counting and auditing and to privately and independently cast the permanent paper ballot without handling the ballot manually4 4 7c7 ,revised conditions for receipt of funds ,section #bec of such ,act 7#db ,u4,s4,c4 #aedjc7 is amended-- 7#a7 in subsection 7a71 by striking ,a ,state is eligible and inserting ,except as provided in subsection 7f71 a ,state is eligible2 and 7#b7 by adding at the end the following new subsection3 7f7 ,special ,rule for ,payments ,used ,to ,meet ,requirements ,imposed ,under ,voter ,confidence and ,increased ,accessibility ,act of #bjad 7#a7 ,in general ,notwithstanding any other provision of this part1 a ,state is eligible to receive a requirements payment under the authorization made by section #beg7;a77#e7 for fiscal year #bjae or any fiscal year thereafter if1 not later than #ij days after the date of the enactment of the ,voter ,confidence and ,increased ,accessibility ,act of #bjad1 the chief executive officer of the ,state1 or designee1 in consultation and coordination with the chief ,state election official-- 7,a7 certifies to the ,commission the number of noncompliant and partially noncompliant precincts in the ,state 7as defined in section #beb7;b77#b772 7,b7 certifies to the ,commission that the ,state will reimburse each unit of local government in the ,state for any costs the unit incurs in carrying out the activities for which the payment may be used2 and 7,c7 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 7in accordance with the limitations applicable to the use of the payment under section #beg7;a77#e774 7#b7 ,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 subsection1 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 enacted4 4 7d7 ,permitting use of funds for reimbursement for costs previously incurred ,section #bea7;c77#a7 of such ,act 7#db ,u4,s4,c4 #aedja7;c77#a77 is amended by striking the period at the end and inserting the following3 1 or as a reimbursement for any costs incurred after ,november #bjjd in meeting the requirements of title ,,iii which are imposed pursuant to the amendments made by title ,i of the ,voter ,confidence and ,increased ,accessibility ,act of #bjad or in otherwise upgrading or replacing voting systems in a manner consistent with such amendments 7so long as the voting systems meet any of the requirements that apply with respect to elections for ,federal office held in #bjai and each succeeding year744 7e7 ,rule of construction regarding ,states receiving other funds for replacing punch card1 lever1 or other voting machines ,nothing in the amendments made by this section or in any other provision of the ,help ,america ,vote ,act of #bjjb 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 card1 lever1 or other voting machines from receiving or using any funds which are made available under the amendments made by this section4 7f7 ,rule of construction regarding use of funds received in prior years 7#a7 ,in general ,nothing contained in this ,act or the ,help ,america ,vote ,act of #bjjb may be construed to prohibit a ,state from using funds received under title ,i or ,,ii of the ,help ,america ,vote ,act of #bjjb to purchase or acquire by other means a voting system that meets the requirements of paragraphs 7#b7 and 7#c7 of section #cja of the ,help ,america ,vote ,act of #bjjb 7as amended by this ,act7 in order to replace voting systems purchased with funds received under the ,help ,america ,vote ,act of #bjjb that do not meet such requirements4 7#b7 ,waiver of notice and comment requirements ,the requirements of subparagraphs 7,a71 7,b71 and 7,c7 of section #bed7;a77#aa7 of the ,help ,america ,vote ,act of #bjjb shall not apply to any ,state using funds received under such ,act for the purposes described in subparagraph 7,a7 or 7,b7 of paragraph 7#a74 7g7 ,effective date ,the amendments made by this section shall apply with respect to fiscal years beginning with fiscal year #bjae4 #aje4 ,effective ,date ,for ,new ,requirements ,section #cja7;d7 of the ,help ,america ,vote ,act of #bjjb 7#db ,u4,s4,c4 #aedha7;d77 is amended to read as follows3 7d7 ,effective ,date 7#a7 ,in general ,except as provided in paragraph 7#b71 each ,state and jurisdiction shall be required to comply with the requirements of this section on and after ,january #a1 #bjjf4 7#b7 ,special rule for certain requirements 7,a7 ,in general ,except as provided in subparagraphs 7,b7 and 7,c71 the requirements of this section which are first imposed on a ,state and jurisdiction pursuant to the amendments made by title ,i of the ,voter ,confidence and ,increased ,accessibility ,act of #bjad shall apply with respect to voting systems used for the regularly scheduled general election for ,federal office held in ,november #bjaf and each succeeding election for ,federal office4 7,b7 ,delay for jurisdictions using certain paper record printers or certain systems using or producing voter-verifiable paper records in #bjab 7i7 ,delay ,in the case of a jurisdiction described in clause 7ii71 subparagraph 7,a7 shall apply to a voting system in the jurisdiction as if the reference in such subparagraph to the regularly scheduled general election for ,federal office held in ,november #bjaf and each succeeding election for ,federal office were a reference to elections for ,federal office occurring during #bjah and each succeeding year1 but only with respect to the following requirements of this section3 7,i7 ,paragraph 7#b77;,a77i77,i7 of subsection 7a7 7relating to the use of voter-marked paper ballots74 7,,ii7 ,paragraph 7#c77;,b77ii7 7,i7 and 7,,ii7 of subsection 7a7 7relating to access to verification from and casting of the durable paper ballot74 7,,iii7 ,paragraph 7#aa7 of subsection 7a7 7relating to durability and readability requirements for ballots74 7ii7 ,jurisdictions described ,a jurisdiction described in this clause is a jurisdiction-- 7,i7 which used voter verifiable paper record printers attached to direct recording electronic voting machines1 or which used other voting systems that used or produced paper records of the vote verifiable by voters but that are not in compliance with paragraphs 7#b77;,a77i77,i71 7#c77;,b77ii7 7,i7 and 7,,ii71 and 7#aa7 of subsection 7a7 7as amended or added by the ,voter ,confidence and ,increased ,accessibility ,act of #bjad71 for the administration of the regularly scheduled general election for ,federal office held in ,november #bjab2 and 7,,ii7 which will continue to use such printers or systems for the administration of elections for ,federal office held in years before #bjah4 7iii7 ,mandatory availability of paper ballots at polling places using grandfathered printers and systems 7,i7 ,requiring ballots to be offered and provided ,the appropriate election official at each polling place that uses a printer or system described in clause 7ii77,i7 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 pre-printed paper ballot which the individual may mark by hand and which is not produced by the direct recording electronic voting machine or other such system4 ,the official shall provide the individual with the ballot and the supplies necessary to mark the ballot1 and shall ensure 7to the greatest extent practicable7 that the waiting period for the individual to cast a vote is the lesser of #cj minutes or the average waiting period for an individual who does not agree to cast the vote using such a paper ballot under this clause4 7,,ii7 ,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 7including by incorporating it into the final unofficial vote count 7as defined by the ,state7 for the precinct7 and not as a provisional ballot1 unless the individual casting the ballot would have otherwise been required to cast a provisional ballot4 7,,iii7 ,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 ballot4 7,,iv7 ,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 clause1 including the requirement to display a notice under subclause 7,,iii71 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 ballot4 7,v7 ,period of applicability ,the requirements of this clause apply only during the period in which the delay is in effect under clause 7i74 7,c7 ,special rule for jurisdictions using certain nontabulating ballot marking devices ,in the case of a jurisdiction which uses a nontabulating ballot marking device which automatically deposits the ballot into a privacy sleeve1 subparagraph 7,a7 shall apply to a voting system in the jurisdiction as if the reference in such subparagraph to the regularly scheduled general election for ,federal office held in ,november #bjaf and each succeeding election for ,federal office were a reference to elections for ,federal office occurring during #bjah and each succeeding year1 but only with respect to paragraph 7#c77;,b77ii77,,ii7 of subsection 7a7 7relating to nonmanual casting of the durable paper ballot74 4 ,,ii ,enhancement of ,enforcement #bja4 ,enhancement of enforcement of ,help ,america ,vote ,act of #bjjb ,section #dja of the ,help ,america ,vote ,act of #bjjb 7#db ,u4,s4,c4 #aeeaa7 is amended-- 7#a7 by striking ,the ,attorney ,general and inserting 7a7 ,in ,general4--,the ,attorney ,general2 and 7#b7 by adding at the end the following new subsections3 7b7 ,filing of ,complaints by ,aggrieved ,persons 7#a7 ,in general ,a person who is aggrieved by a violation of section #cja1 #cjb1 or #cjc which has occurred1 is occurring1 or is about to occur may file a written1 signed1 notarized complaint with the ,attorney ,general describing the violation and requesting the ,attorney ,general to take appropriate action under this section4 ,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 #djb7;a7 for the ,state involved4 7#b7 ,response by ,attorney ,general ,the ,attorney ,general shall respond to each complaint filed under paragraph 7#a71 in accordance with procedures established by the ,attorney ,general that require responses and determinations to be made within the same 7or shorter7 deadlines which apply to a ,state under the ,state-based administrative complaint procedures described in section #djb7;a77#b74 ,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 #djb7;a7 for the ,state involved4 7c7 ,availability of private right of action ,any person who is authorized to file a complaint under subsection 7b77#a7 7including any individual who seeks to enforce the individual's right to a voter-verified paper ballot1 the right to have the voter-verified paper ballot counted in accordance with this ,act1 or any other right under subtitle ,a of title ,,iii7 may file an action under section #aigi of the ,revised ,statutes of the ,united ,states 7#db ,u4,s4,c4 #aihc7 to enforce the uniform and nondiscriminatory election technology and administration requirements under sections #cja1 #cjb1 and #cjc4 7d7 ,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 #djb to any person filing a complaint under this subsection4 4 ,,iii ,requirement for mandatory manual audits by hand count #cja4 ,mandatory ,manual ,audits ,title ,,iii of the ,help ,america ,vote ,act of #bjjb 7#db ,u4,s4,c4 #aedha et seq47 is amended by adding at the end the following new subtitle3 ,c ,mandatory manual audits #cba4 ,requiring audits of results of elections 7a7 ,requiring ,audits 7#a7 ,in general ,in accordance with this subtitle1 each ,state shall administer1 without advance notice to the precincts or alternative audit units selected1 audits of the results of all elections for ,federal office held in the ,state 7and1 at the option of the ,state or jurisdiction involved1 of elections for ,state and local office held at the same time as such election7 consisting of random hand counts of the voter-verified paper ballots required to be used and preserved pursuant to section #cja7;a77#b74 7#b7 ,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-- 7,a7 had no opposition on the ballot2 or 7,b7 received #hj percent or more of the total number of votes cast in the election1 as determined on the basis of the final unofficial vote count4 7b7 ,determination of ,entity ,conducting ,audits2 ,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 subtitle1 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 7including1 except as provided under section #cbc7;b71 the organizational independence7 of entities performing financial audits1 attestation engagements1 and performance audits4 7c7 ,references to ,election ,auditor ,in this subtitle1 the term ,election ,auditor means1 with respect to a ,state1 the entity selected by the ,state under subsection 7b74 #cbb4 ,number of ballots counted under audit 7a7 ,in ,general ,except as provided in subsection 7b71 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 follows3 7#a7 ,in the event that the unofficial count as described in section #cbc7;a77#a7 reveals that the margin of victory between the two candidates receiving the largest number of votes in the election is less than #a percent of the total votes cast in that election1 the hand counts of the voter-verified paper ballots shall occur in at least #aj percent of all precincts or equivalent locations 7or alternative audit units used in accordance with the method provided for under subsection 7b77 in the ,congressional district involved 7in the case of an election for the ,house of ,representatives7 or the ,state 7in the case of any other election for ,federal office74 7#b7 ,in the event that the unofficial count as described in section #cbc7;a77#a7 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 #a percent but less than #b percent of the total votes cast in that election1 the hand counts of the voter-verified paper ballots shall occur in at least #e percent of all precincts or equivalent locations 7or alternative audit units used in accordance with the method provided for under subsection 7b77 in the ,congressional district involved 7in the case of an election for the ,house of ,representatives7 or the ,state 7in the case of any other election for ,federal office74 7#c7 ,in the event that the unofficial count as described in section #cbc7;a77#a7 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 #b percent of the total votes cast in that election1 the hand counts of the voter-verified paper ballots shall occur in at least #c percent of all precincts or equivalent locations 7or alternative audit units used in accordance with the method provided for under subsection 7b77 in the ,congressional district involved 7in the case of an election for the ,house of ,representatives7 or the ,state 7in the case of any other election for ,federal office74 7b7 ,use of ,alternative ,mechanism 7#a7 ,permitting use of alternative mechanism ,notwithstanding subsection 7a71 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 election1 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 is in accordance with the principles set forth in paragraph 7#b74 7#b7 ,principles for approval ,in approving an alternative mechanism under paragraph 7#a71 the ,national ,institute of ,standards and ,technology shall ensure that the audit procedure will have the property that for each election-- 7,a7 the alternative mechanism will be at least as statistically effective in ensuring the accuracy of the election results as the procedures under this subtitle2 or 7,b7 the alternative mechanism will achieve at least a #ie percent confidence interval 7as determined in accordance with criteria set forth by the ,national ,institute of ,standards and ,technology7 with respect to the outcome of the election4 7#c7 ,deadline for response ,the ,director of the ,national ,institute of ,standards and ,technology shall make a determination regarding a ,state's request to approve an alternative mechanism under paragraph 7#a7 not later than #cj days after receiving the ,state's request4 #cbc4 ,process for administering audits 7a7 ,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 procedures3 7#a7 ,within #bd hours after the ,state announces the final unofficial vote count 7as defined by the ,state7 in each precinct in the ,state1 the ,election ,auditor shall-- 7,a7 determine and then announce the precincts or equivalent locations 7or alternative audit units used in accordance with the method provided under section #cbb7;b77 in the ,state in which it will administer the audits2 and 7,b7 with respect to votes cast at the precinct or equivalent location on or before the date of the election 7other than provisional ballots described in paragraph 7#b771 begin to administer the hand count of the votes on the voter-verified paper ballots required to be used and preserved under section #cja7;a77#b77;,a7 and the comparison of the count of the votes on those ballots with the final unofficial count of such votes as announced by the ,state4 7#b7 ,with respect to votes cast other than at the precinct on the date of the election 7other than votes cast before the date of the election described in paragraph 7#b77 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 election1 including votes cast by absent uniformed services voters and overseas voters under the ,uniformed and ,overseas ,citizens ,absentee ,voting ,act1 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 #cja7;a77#b77;,a7 and the comparison of the count of the votes on those ballots with the final unofficial count of such votes as announced by the ,state4 7b7 ,use of personnel ,in administering the audits1 the ,election ,auditor may utilize the services of the personnel of the ,state or jurisdiction1 including election administration personnel and poll workers1 without regard to whether or not the personnel have professional auditing experience4 7c7 ,location ,the ,election ,auditor shall administer an audit of an election-- 7#a7 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 ballots2 and 7#b7 in the presence of the personnel who under ,state law are responsible for the custody of the ballots4 7d7 ,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 date of the election1 the ,election ,auditor shall initiate the process described in subsection 7a7 for administering the audit not later than #bd 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 election1 and shall initiate the administration of the audit of the absentee and provisional votes pursuant to subsection 7a77#b7 not later than #bd hours after the ,state announces the final unofficial count of such votes4 7e7 ,additional ,audits if ,cause ,shown 7#a7 ,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 election1 the ,election ,auditor shall administer hand counts under this section of such additional precincts 7or alternative audit units7 as the ,election ,auditor considers appropriate to resolve any concerns resulting from the audit and ensure the accuracy of the election results4 7#b7 ,establishment and publication of procedures governing additional audits ,not later than ,august #a1 #bjae1 each ,state shall establish and publish procedures for carrying out the additional audits under this subsection1 including the means by which the ,state shall resolve any concerns resulting from the audit with finality and ensure the accuracy of the election results4 7f7 ,public ,observation of ,audits ,each audit conducted under this section shall be conducted in a manner that allows public observation of the entire process4 #cbd4 ,selection of precincts 7a7 ,in ,general ,except as provided in subsection 7c71 the selection of the precincts or alternative audit units 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 a random basis1 in accordance with procedures adopted by the ,national ,institute of ,standards and ,technology1 except that at least one precinct shall be selected at random in each county1 with additional precincts selected by the ,election ,auditor at the ,auditor's discretion4 7b7 ,public ,selection ,the random selection of precincts under subsection 7a7 shall be conducted in public1 at a time and place announced in advance4 7c7 ,mandatory ,selection of ,precincts ,established ,specifically for ,absentee ,ballots ,if a ,state does not sort absentee ballots by precinct and include those ballots in the hand count with respect to that precinct1 the ,state shall create absentee ballot precincts or audit units which are of similar size to the average precinct or audit unit in the jurisdiction being audited1 and shall include those absentee precincts or audit units among the precincts in the ,state in which the ,election ,auditor shall administer the hand counts under this subtitle4 7d7 ,deadline for ,adoption of ,procedures by ,commission ,the ,national ,institute of ,standards and ,technology shall adopt the procedures described in subsection 7a7 not later than ,march #ca1 #bjae1 and shall publish them in the ,federal ,register upon adoption4 #cbe4 ,publication of results 7a7 ,submission to ,commission ,as soon as practicable after the completion of an audit under this subtitle1 the ,election ,auditor of a ,state shall submit to the ,commission the results of the audit1 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 undervotes1 overvotes1 blank ballots1 and spoiled1 voided1 or cancelled ballots1 as well as a list of any discrepancies discovered between the initial1 subsequent1 and final hand counts administered by the ,election ,auditor and such final unofficial vote count and any explanation for such discrepancies1 broken down by the categories of votes described in paragraphs 7#a77;,b7 and 7#b7 of section #cbc7;a74 7b7 ,publication by ,commission ,immediately after receiving the submission of the results of an audit from the ,election ,auditor of a ,state under subsection 7a71 the ,commission shall publicly announce and publish the information contained in the submission4 7c7 ,delay in certification of results by ,state 7#a7 ,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-- 7,a7 to the completion of the audit 7and1 if required1 any additional audit conducted under section #cbc7;e77#a77 and the announcement and submission of the results of each such audit to the ,commission for publication of the information required under this section2 and 7,b7 the completion of any procedure established by the ,state pursuant to section #cbc7;e77#b7 to resolve discrepancies and ensure the accuracy of results4 7#b7 ,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 subtitle1 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 #f of title #c1 ,united ,states ,code4 #cbf4 ,payments to ,states 7a7 ,payments for ,costs of ,conducting ,audits ,in accordance with the requirements and procedures of this section1 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 subtitle4 7b7 ,certification of ,compliance and ,anticipated ,costs 7#a7 ,certification required ,in order to receive a payment under this section1 a ,state shall submit to the ,commission1 in such form as the ,commission may require1 a statement containing-- 7,a7 a certification that the ,state will conduct the audits required under this subtitle in accordance with all of the requirements of this subtitle2 7,b7 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 involved2 and 7,c7 such other information and assurances as the ,commission may require4 7#b7 ,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 involved1 as set forth in the statement submitted under paragraph 7#a74 7#c7 ,timing of notice ,the ,state may not submit a notice under paragraph 7#a7 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 involved4 7c7 ,timing of ,payments ,the ,commission shall make the payment required under this section to a ,state not later than #cj days after receiving the notice submitted by the ,state under subsection 7b74 7d7 ,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 7if any7 of-- 7#a7 the amount of the payment received by the ,state under this section with respect to the elections involved2 over 7#b7 the actual costs incurred by the ,state in carrying out this subtitle with respect to the elections involved4 7e7 ,authorization of ,appropriations ,there are authorized to be appropriated to the ,commission for fiscal year #bjae and each succeeding fiscal year #ajj1jjj1jjj for payments under this section4 #cbg4 ,exception for elections subject to recount under ,state law prior to certification 7a7 ,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 election1 including but not limited to a recount required automatically because of the margin of victory between the #b candidates receiving the largest number of votes in the election1 but only if each of the following applies to the recount3 7#a7 ,the recount commences prior to the determination and announcement by the ,election ,auditor under section #cbc7;a77#a7 of the precincts in the ,state in which it will administer the audits under this subtitle4 7#b7 ,if the recount would apply to fewer than #ajj percent of the ballots cast in the election-- 7,a7 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 subtitle2 and 7,b7 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 #cbd4 7#c7 ,the recount for the election meets the requirements of section #cbc7;f7 7relating to public observation74 7#d7 ,the ,state meets the requirements of section #cbe 7relating to the publication of results and the delay in the certification of results7 with respect to the recount4 7b7 ,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 7including the requirement set forth in section #cja7;a77#b7 that the voter verified paper ballots serve as the vote of record and shall be counted by hand in all audits and recounts1 including audits and recounts described in this subtitle74 #cbh4 ,effective date ,this subtitle shall apply with respect to elections for ,federal office beginning with the regularly scheduled general elections held in ,november #bjae4 4 #cjb4 ,availability of ,enforcement ,under ,help ,america ,vote ,act of #bjjb ,section #dja of such ,act 7#db ,u4,s4,c4 #aeeaa71 as amended by section #bja1 is amended-- 7#a7 in subsection 7a71 by striking the period at the end and inserting the following3 1 or the requirements of subtitle ,c of title ,,iii42 7#b7 in subsection 7b77#a71 by striking #cjc and inserting #cjc1 or subtitle ,c of title ,,iii12 and 7#c7 in subsection 7c7-- 7,a7 by striking subtitle ,a and inserting subtitle ,a or ,c2 and 7,b7 by striking the period at the end and inserting the following3 1 or the requirements of subtitle ,c of title ,,iii44 #cjc4 ,guidance on ,best ,practices for ,alternative ,audit ,mechanisms 7a7 ,in general ,not later than ,may #a1 #bjae1 the ,director of the ,national ,institute of ,standards and ,technology shall establish guidance for ,states that wish to establish alternative audit mechanisms under section #cbb7;b7 of the ,help ,america ,vote ,act of #bjjb 7as added by section #cja74 ,such guidance shall be based upon scientifically and statistically reasonable assumptions for the purpose of creating an alternative audit mechanism that will be consistent with the principles for approval described in section #cbb7;b77#b7 of such ,act 7as so added74 7b7 ,authorization of appropriations ,there are authorized to be appropriated to carry out subsection 7a7 #ajj1jjj1 to remain available until expended4 #cjd4 ,clerical ,amendment ,the table of contents of such ,act is amended by adding at the end of the items relating to title ,,iii the following3 ,subtitle ,c--,mandatory ,manual ,audits ,sec4 #cba4 ,requiring audits of results of elections4 ,sec4 #cbb4 ,number of ballots counted under audit4 ,sec4 #cbc4 ,process for administering audits4 ,sec4 #cbd4 ,selection of precincts4 ,sec4 #cbe4 ,publication of results4 ,sec4 #cbf4 ,payments to ,states4 ,sec4 #cbg4 ,exception for elections subject to recount under ,state law prior to certification4 ,sec4 #cbh4 ,effective date4 4 ,,iv ,repeal of exemption of ,election ,assistance ,commission from certain government contracting requirements #dja4 ,repeal of exemption of ,election ,assistance ,commission from certain government contracting requirements 7a7 ,in general ,section #bje of the ,help ,america ,vote ,act of #bjjb 7#db ,u4,s4,c4 #aecbe7 is amended by striking subsection 7e74 7b7 ,effective date ,the amendment made by subsection 7a7 shall apply with respect to contracts entered into by the ,election ,assistance ,commission on or after the date of the enactment of this ,act4 ,v ,effective date #eja4 ,effective ,date ,except as otherwise provided1 this ,act and the amendments made by this ,act shall apply with respect to the regularly scheduled general election for ,federal office in ,november #bjaf and each succeeding election for ,federal office4