,i  #aafth ,,congress  #ast ,session    
,h4 ,r4 #cgh  ,,in ,,the ,,house ,,of   
,,representatives  ,january #i1         
#bjai,mrs4 ,dingell 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 voting   
systems used in elections for ,federal  
office to produce a voter-verified1     
auditable paper record of the votes cast
 in such elections1 to require ,state   
election officials to audit the results 
of such elections prior to certifying   
the results1 to provide grants to       
,states to improve voting system        
security1 and for other purposes4  #a4  
,short title ,this ,act may be cited as 

the ,safeguarding ,election             
,infrastructure ,act of #bjai4  #b4     
,requiring use of voting systems capable
 of producing voter-verified1 auditable 
paper record in elections for ,federal  
office  7a7 ,moratorium on acquisition  
of certain direct recording electronic  
voting systems and certain other voting 
systems ,section #cja of the ,help      
,america ,vote ,act of #bjjb 7#eb       
,u4,s4,c4 #bajha7 is amended--  7#a7 by 
redesignating subsections 7c7 and 7d7 as
 subsections 7d7 and 7e72 and  7#b7 by  
inserting after subsection 7b7 the      
following new subsection3  7c7          
,moratorium on acquisition of certain   
direct recording electronic voting      
systems and certain other voting systems
 ,beginning on the date of the enactment
 of the ,safeguarding ,election         
,infrastructure ,act of #bjai1 no ,state
 or jurisdiction may purchase or        
otherwise acquire for use in an election
 for ,federal office a direct recording 
electronic voting system or other       

electronic voting system that does not  
produce a voter-verified paper record as
 required by section #cja7;a77#b7 7as   
amended by such ,act74  4  7b7 ,paper   
ballot and manual counting requirements 
7#a7 ,in general ,section #cja7;a77#b7  
of such ,act 7#eb ,u4,s4,c4             
#bajha7;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 character    
recognition device 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 hand 7or1 in the case of an  
individual with a disability1 by such   
alternative method as the election      
official shall establish that provides  
an equivalent opportunity1 including    
with privacy and independence1 as for   
other voters74  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  7#b7 ,conforming amendment
 clarifying applicability of alternative
 language accessibility ,section        
#cja7;a77#d7 of such ,act 7#eb ,u4,s4,c4
 #bajha7;a77#d77 is amended by inserting
 7including the paper ballots required  
to be used under paragraph 7#b77 after  

voting system4  7#c7 ,other conforming  
amendments ,section #cja7;a77#a7 of such
 ,act 7#eb ,u4,s4,c4 #bajha7;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  7c7 ,effective date ,section     
#cja7;d7 of such ,act 7#eb ,u4,s4,c4    
#bajha7;d77 is amended by striking the  
period at the end and inserting the     
following3 1 or1 in the case of the     
requirements of this section which are  
first imposed on a ,state or            
jurisdiction pursuant to the amendments 

made by section #b of the ,safeguarding 
,election ,infrastructure ,act of #bjai1
 with respect to voting systems used for
 elections held on or after the         
expiration of the #a-year period which  
begins on the date of the enactment of  
such ,act4  #c4 ,mandatory manual audits
 of results of ,federal elections  7a7  
,requiring audits of results ,title     
,,iii of the ,help ,america ,vote ,act  
of #bjjb 7#eb ,u4,s4,c4 #bajha 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 #ei 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 response2 reasons for
 denial ,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 ,if the 
,director rejects such a request1 the   
,director shall provide the ,state with 
the reasons for the rejection in        
writing4  #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 publicly 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 by provisional ballot on the date  
of the election which are certified and 
counted by the ,state on or after the   
date of the election71 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 ,june 
#a1 #bjbb1 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 ,october  

#a1 #bjba1 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 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 7for deposit in
 the general fund of the ,treasury7 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  7#a7 
,in general ,there is authorized to be  
appropriated to the ,commission for     
fiscal year #bjbb and each succeeding   
fiscal year #de1jjj1jjj for payments    
under this section4  7#b7 ,continuing   
availability of amounts appropriated    
,any amount appropriated for a fiscal   
year pursuant to the authorization under
 paragraph 7#a7 shall remain available  
until expended4  #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 the
 regularly scheduled general elections  
for ,federal office held in ,november   
#bjbb and each succeeding election for  
,federal office4  4  7b7 ,availability  
of enforcement under ,help ,america     
,vote ,act of #bjjb ,section #dja of    
such ,act 7#eb ,u4,s4,c4 #baaaa7 is     
amended by striking sections #cja1 #cjb1
 and #cjc and inserting title ,,iii4    
7c7 ,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  #d4 ,incentives to ,states to 
improve voting system security  7a7     
,grants from ,election ,assistance      
,commission ,subtitle ,d of title ,,ii  
of the ,help ,america ,vote ,act of     
#bjjb 7#eb ,u4,s4,c4 #bajja et seq47 is 
amended by adding at the end the        
following new part3  #g ,payments for   
,improving ,voting ,system ,security    
#big4 ,incentives for ,states to improve
 voting system security  7a7 ,grants    
authorized  7#a7 ,in general ,from the  
amounts made available under section    
#big;,e for a fiscal year and not       

reserved under section 7b7 of such      
section1 the ,commission shall award    
grants on a competitive basis to ,states
 in accordance with section #big;,b4    
7#b7 ,number of grants ,a ,state may not
 receive more than #a grant under this  
part for a fiscal year4  7b7 ,use of    
funds ,each ,state that receives a grant
 under this part shall use the funds    
provided by the grant to carry out the  
,state's grant implementation plan      
described in section #big;,a7b74        
#big;,a4 ,criteria for awarding grants  
7a7 ,applications ,each ,state that     
desires to receive a grant under this   
part shall submit an application to the 
,commission at such time1 in such       
manner1 and containing such information 
as the ,commission may reasonably       
require4 ,at a minimum1 each such       
application shall include each of the   
following3  7#a7 ,the grant             
implementation plan described in        
subsection 7b74  7#b7 ,evidence of      
established conditions of innovation and

 reform in providing voting system      
security and the ,state's proposed plan 
for implementing additional conditions4 
7#c7 ,evidence of collaboration between 
relevant stakeholders in developing the 
grant implementation plan described in  
subsection 7b74  7#d7 ,annual           
performance measures and targets for the
 activities carried out with the grant4 
7#e7 ,a description of the ,state's plan
 to conduct a rigorous evaluation of the
 effectiveness of the activities carried
 out with the grant4  7b7 ,grant        
implementation plan ,the grant          
implementation plan described in this   
subsection is a plan developed by the   
,state for using funds provided by the  
grant to carry out some or all of the   
following1 and to otherwise meet the    
requirements of section #cja which are  
first imposed on a ,state or            
jurisdiction pursuant to the amendments 
made by section #b of the ,safeguarding 
,election ,infrastructure ,act of #bjai1
 during the grant implementation period3

  7#a7 ,providing voting machines that  
are less than #aj years old as of the   
date on which the ,state submits its    
application for the grant under         
subsection 7a74  7#b7 ,updating voting  
equipment to provide a verifiable paper 
trail at polling stations4  7#c7        
,implementing strong chain of custody   
procedures for the physical security of 
voting equipment and paper records at   
all stages of the process4  7#d7        
,conducting pre-election testing on     
every voting machine and ensuring paper 
ballots are available wherever          
electronic machines are used4  7#e7     
,keeping offline backups of voter       
registration lists4  7#f7 ,providing a  
secure voter registration database that 
logs requests submitted to the database4
  7#g7 ,publishing and enforcing a      
policy detailing use limitations and    
security safeguards to protect voters'  
personal information in the voter       
registration process4  7#h7 ,providing  
secure processes and procedures for     

reporting vote tallies4  7#i7 ,providing
 a secure platform for disseminating    
vote totals4  7c7 ,grant implementation 
period defined ,in this part1 the grant 
implementation period with respect to a 
grant is the #d-year period which begins
 on the first day of the fiscal year for
 which the grant is awarded4  #big;,b4  
,criteria for evaluating applications   
7a7 ,award basis ,the ,commission shall 
award grants to ,states under this part 
on a competitive basis1 based on the    
quality of the ,state's application     
submitted under section #big;,a1        
including--  7#a7 the quality and       
likelihood of success of the ,state's   
grant implementation plan described in  
section #big;,a7b71 including the       
,state's capacity to implement the plan 
and evidence of collaboration as        
described in paragraph 7#c7 of section  
#big;,a7a72  7#b7 the ,state's record   
of1 and commitment to1 establishing     
conditions for innovation and reform1 as
 described in paragraph 7#b7 of section 

#big;,a7a72 and  7#c7 the ,state's      
evaluation plan as described in         
paragraph 7#e7 of section #big;,a7a74   
7b7 ,special rule for ,states receiving 
grants in previous fiscal years ,in the 
case of a ,state that received a grant  
under this part in a previous fiscal    
year1 the ,commission may not award a   
grant under this part to the ,state for 
any subsequent fiscal year unless the   
,state demonstrates to the satisfaction 
of the ,commission that--  7#a7 the     
,state made sufficient progress in      
carrying out the grant implementation   
plan for that previous fiscal year at a 
rate that will enable the ,state to     
fully implement the plan prior to the   
end of the grant implementation period  
for that plan2 or  7#b7 the ,state made 
sufficient progress in meeting the      
performance measures and targets for the
 programs and activities funded by the  
grant 7as established by the ,state     
under section #big;,c7 to enable the    
,state to fully meet such measures and  

targets prior to the end of the grant   
implementation period for that plan4    
7c7 ,explanation ,the ,commission shall 
publish an explanation of how the       
application review process under this   
subsection will ensure an equitable and 
objective evaluation based on the       
criteria described in subsection 7a7 and
 the special rule described in          
subsection 7b74  #big;,c4 ,establishment
 of performance measures and targets    
,each ,state receiving a grant under    
this part shall establish performance   
measures and targets approved by the    
,commission for the programs and        
activities carried out with the funds   
provided by the grant4  #big;,d4        
,reporting requirements ,each ,state    
receiving a grant under this part shall 
submit to the ,commission1 at such time 
and in such manner as the ,commission   
may require1 an annual report           
including--  7#a7 data on the ,state's  
progress in achieving the targets for   
the performance measures established    

under section #big;,c2  7#b7 a          
description of the challenges the ,state
 has faced in implementing the programs 
and activities funded by the grant and  
how it has addressed or plans to address
 those challenges2 and  7#c7 findings   
from the evaluation plan for the grant4 
#big;,e4 ,authorization of              
appropriations  7a7 ,authorization  7#a7
 ,in general ,there are authorized to be
 appropriated such sums as may be       
necessary for fiscal year #bjbj and each
 succeeding fiscal year to carry out    
this part4  7#b7 ,no continuing         
availability of funds ,any amount       
appropriated for a fiscal year pursuant 
to the authorization under paragraph    
7#a7 shall not remain available for any 
subsequent fiscal year4  7b7            
,reservation of funds ,from the amount  
made available to carry out this part   
for a fiscal year1 the ,commission may  
reserve not more than #aj percent of    
such amount to carry out activities     
related to--  7#a7 technical assistance2

 and  7#b7 outreach and dissemination4  
4  7b7 ,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--,payments for     
,improving ,voting ,system ,security    
,sec4 #big4 ,incentives for ,states to  
improve voting system security4 ,sec4   
#big;,a4 ,criteria for awarding grants4 
,sec4 #big;,b4 ,criteria for evaluating 
applications4 ,sec4 #big;,c4            
,establishment of performance measures  
and targets4 ,sec4 #big;,d4 ,reporting  
requirements4 ,sec4 #big;,e4            
,authorization of appropriations4  4    
#e4 ,duties of ,secretary of ,homeland  
,security  7a7 ,notification of breaches
 of voting system security or related   
investigations  7#a7 ,requiring         
notification to ,congress and ,state    
election officials ,if the ,secretary of
 ,homeland ,security makes a            
determination that the security of any  
voting system or any voter registration 

database that has been used or will be  
used in an election for ,federal office 
has been breached1 or if the ,secretary 
is conducting an investigation regarding
 whether or not the security of such a  
system or database has been breached1   
the ,secretary shall submit a report on 
the determination or investigation to   
the ,committee on ,homeland ,security of
 the ,house of ,representatives1 the    
,committee on ,homeland ,security and   
,governmental ,affairs of the ,senate1  
and the chief ,state election official  
of the ,state in which the system is    
used or will be used4  7#b7 ,deadline   
,the ,secretary shall submit the report 
required under paragraph 7#a7 not later 
than #cj days after making the          
determination involved or initiating the
 investigation involved 7as the case may
 be74  7b7 ,sharing information with    
,state election officials ,at the       
request of a ,state1 the ,secretary of  
,homeland ,security shall collaborate   
with the chief ,state election official 

of the ,state to help prevent and       
respond to threats to the security of   
the voting systems and databases        
described in subsection 7a71 including  
assisting such official with obtaining  
the appropriate level of security       
clearance necessary to receive          
information regarding such threats4  7c7
 ,definitions ,in this subsection-- 7#a7
 the chief ,state election official of a
 ,state is the individual designated by 
the ,state under section #aj of the     
,national ,voter ,registration ,act of  
#aiic 7#eb ,u4,s4,c4 #bjeji7 to be      
responsible for coordination of the     
,state's responsibilities under such    
,act2 and  7#b7 the term voting system  
has the meaning given such term under   
section #cja7;b7 of the ,help ,america  
,vote ,act of #bjjb 7#eb ,u4,s4,c4      
#bajha7;b774