,,ii #aafth ,,congress #ast ,session ,s4 #adgb ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,may #ae1 #bjai,mr4 ,wyden 7for himself1 ,mr4 ,blumenthal1 ,mr4 ,markey1 ,mr4 ,merkley1 ,ms4 ,duckworth1 ,mr4 ,schatz1 ,ms4 ,warren1 ,mr4 ,booker1 ,mrs4 ,gillibrand1 ,ms4 ,baldwin1 ,mr4 ,sanders1 ,ms4 ,harris1 ,ms4 ,cantwell1 ,mr4 ,brown1 and ,mr4 ,bennet7 introduced the following bill2 which was read twice and referred to the ,committee on ,rules and ,administration ,a ,,bill ,to amend the ,help ,america ,vote ,act of #bjjb to require paper ballots and risk-limiting audits in all ,federal elections1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,protecting ,american ,votes and ,elections ,act of #bjai4 7b7 ,table of contents ,the table of contents of this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,sec4 #b4 ,paper ballot and hand tabulation requirements4 ,sec4 #c4 ,risk-limiting audits4 ,sec4 #d4 ,enhancement of enforcement of ,help ,america ,vote ,act of #bjjb4 ,sec4 #e4 ,financial assistance to ,states4 ,sec4 #f4 ,cybersecurity requirements for and testing and certification of voting systems4 ,sec4 #g4 ,voting system cybersecurity requirements4 ,sec4 #h4 ,ballot cybersecurity1 confidentiality1 and access for individuals with disabilities4 ,sec4 #i4 ,application of ,help ,america ,vote ,act to ,northern ,mariana ,islands4 ,sec4 #aj4 ,biennial reports on election security4 #b4 ,paper ballot and hand tabulation requirements 7a7 ,voter-,verifiable paper ballots ,section #cja7;a77#b7 of the ,help ,america ,vote ,act of #bjjb 7#eb ,u4,s4,c4 #bajha7;a77#b77 is amended to read as follows3 7#b7 ,paper ballot requirement 7,a7 ,voter-verifiable paper ballots 7i7 ,paper ballot requirement 7,i7 ,in general ,the voting system shall require the use of an individual1 durable1 voter-verifiable1 paper ballot of the voter's vote that shall be marked and made available for physical inspection and verification by the voter before the voter's vote is cast and tabulated4 ,for purposes of this subclause1 the term individual1 durable1 voter-verifiable1 paper ballot means a paper ballot marked by the voter by hand or a paper ballot printed or marked through the use of a ballot marking device1 so long as the voter shall have the option to mark his or her ballot by hand4 7,,ii7 ,requirements for ballot marking devices ,except as required to meet the accessibility requirements under paragraph 7#c71 in the case of a ballot marking device-- 7aa7 the printed or marked paper ballot shall be presented to the voter for physical inspection and verification before the ballot is tabulated and preserved in accordance with clause 7ii72 7bb7 the paper ballot shall be printed or marked in such a way that vote selections1 including all vote selections scanned by voting systems to tabulate votes1 can be inspected and verified by the voter without training or instruction or audited by election officials without the aid of any machine or other equipment2 and 7cc7 the ballot marking device shall be designed and built in a manner in which it is mechanically impossible for the device to add or change the vote selections on a printed or marked ballot at any time after the ballot has been presented to the voter for inspection and verification under item 7aa74 7,,iii7 ,confidentiality ,the voting system shall not preserve or mark the individual1 durable1 voter-verifiable paper ballots in any manner that makes it possible1 at any time after the ballot has been cast1 to associate a voter with the ballot cast by the voter or with any other record of the voter's vote selections4 7ii7 ,preservation as official record ,the individual1 durable1 voter-verifiable1 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 ballot tabulation and any recount or audit conducted with respect to any election for ,federal office in which the voting system is used4 7iii7 ,hand tabulation requirements for recounts 7,i7 ,in general ,each paper ballot used pursuant to clause 7i7 shall be tabulated by hand in any recount conducted with respect to any election for ,federal office4 7,,ii7 ,inconsistencies ,in the event of any inconsistencies or irregularities between any vote tallies determined through the use of an optical scanning device and vote tallies determined by tabulating by hand the individual1 durable1 voter-verifiable1 paper ballots used pursuant to clause 7i71 and subject to subparagraph 7,b71 the individual1 durable1 voter-verifiable1 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 vote tallies determined through the use of an optical scanning device and vote tallies determined by tabulating by hand the individual1 durable1 voter-verifiable1 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 7,c7 ,effective date ,each ,state and jurisdiction shall be required to comply with the requirements of this paragraph for the first regularly scheduled election for ,federal office held more than #a year after the date of the enactment of the ,protecting ,american ,votes and ,elections ,act of #bjai1 and for each subsequent election for ,federal office4 4 7b7 ,conforming amendments 7#a7 ,individual with disabilities ,section #cja7;a77#c77;,b7 of such ,act 7#eb ,u4,s4,c4 #bajha7;a77#c77;,b77 is amended by striking direct recording electronic voting system or other4 7#b7 ,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 ,effective date ,section #cja7;d7 of such ,act 7#eb ,u4,s4,c4 #bajha7;d77 is amended by striking ,each ,state and inserting ,except as otherwise provided in this section1 each ,state4 #c4 ,risk-limiting audits 7a7 ,in general ,title ,,iii of the ,help ,america ,vote ,act of #bjjb 7#eb ,u4,s4,c4 #bajha et seq47 is amended by inserting after section #cjc the following new section3 #cjc;,a4 ,risk-limiting audits 7a7 ,definitions ,in this section3 7#a7 ,risk-limiting audit ,the term risk-limiting audit means1 with respect to any election contest1 a post-election process that-- 7,a7 has a probability of at least #ie percent of correcting the reported outcome if the reported outcome is not the correct outcome2 7,b7 will not change the outcome if the reported outcome is the correct outcome2 and 7,c7 involves a manual adjudication of voter intent from some or all of the ballots validly cast in the election contest4 7#b7 ,reported outcome2 correct outcome2 outcome 7,a7 ,reported outcome ,the term reported outcome means the outcome of an election contest which is determined according to the canvass and which will become the official1 certified outcome unless it is revised by an audit1 recount1 or other legal process4 7,b7 ,correct outcome ,the term correct outcome means the outcome that would be determined by a manual adjudication of voter intent for all votes validly cast in the election contest4 7,c7 ,outcome ,the term outcome means the winner or set of winners of an election contest4 7#c7 ,manual adjudication of voter intent ,the term manual adjudication of voter intent means direct inspection and determination by humans1 without assistance from electronic or mechanical tabulation devices1 of the ballot choices marked by voters on each voter-verifiable paper record4 7#d7 ,ballot manifest ,the term ballot manifest means a record maintained by each jurisdiction that-- 7,a7 is created without reliance on any part of the voting system used to tabulate votes2 7,b7 functions as a sampling frame for conducting a risk-limiting audit2 and 7,c7 accounts for all ballots validly cast regardless of how or whether they were tabulated and includes a precise description of the manner in which the ballots are physically stored1 including the total number of physical groups of ballots1 the numbering system for each group1 a unique label for each group1 and the number of ballots in each such group4 7b7 ,requirements 7#a7 ,in general 7,a7 ,audits 7i7 ,in general ,each ,state and jurisdiction shall administer risk-limiting audits of the results of all election contests for ,federal office held in the ,state in accordance with the requirements of paragraph 7#b74 7ii7 ,exception ,clause 7i7 shall not apply to any election contest for which the ,state or jurisdiction conducts a full recount through a manual adjudication of voter intent4 7,b7 ,full manual tabulation ,if a risk-limiting audit conducted under subparagraph 7,a7 corrects the reported outcome of an election contest1 the ,state or jurisdiction shall use the results of the manual adjudication of voter intent conducted as part of the risk-limiting audit as the official results of the election contest4 7#b7 ,audit requirements 7,a7 ,rules and procedures 7i7 ,in general ,not later than #a year after the date of the enactment of this section1 the chief ,state election official of the ,state shall establish rules and procedures for conducting risk-limiting audits4 7ii7 ,matters included ,the rules and procedures established under clause 7i7 shall include the following3 7,i7 ,rules and procedures for ensuring the security of ballots and documenting that prescribed procedures were followed4 7,,ii7 ,rules and procedures for ensuring the accuracy of ballot manifests produced by jurisdictions4 7,,iii7 ,rules and procedures for governing the format of ballot manifests and other data involved in risk-limiting audits4 7,,iv7 ,methods to ensure that any cast vote records used in a risk-limiting audit are those used by the voting system to tally the results of the election contest sent to the chief ,state election official of the ,state and made public4 7,v7 ,rules and procedures for the random selection of ballots to be inspected manually during each audit4 7,,vi7 ,rules and procedures for the calculations and other methods to be used in the audit and to determine whether and when the audit of each election contest is complete4 7,,vii7 ,rules and procedures for testing any software used to conduct risk-limiting audits4 7,b7 ,public report 7i7 ,in general ,after the completion of the risk-limiting audit and at least #e days before the election contest is certified1 the ,state shall publish a report on the results of the audit1 together with such information as necessary to confirm that the audit was conducted properly4 7ii7 ,format of data ,all data published with the report under clause 7i7 shall be published in machine-readable1 open data formats4 7iii7 ,protection of anonymity of votes ,information and data published by the ,state under this subparagraph shall not compromise the anonymity of votes4 7c7 ,effective date ,each ,state and jurisdiction shall be required to comply with the requirements of this section for the first regularly scheduled election for ,federal office held more than #a year after the date of the enactment of the ,protecting ,american ,votes and ,elections ,act of #bjai1 and for each subsequent election for ,federal office4 4 7b7 ,conforming amendments related to enforcement ,section #dja of such ,act 7#eb ,u4,s4,c4 #baaaa7 is amended by striking and #cjc and inserting #cjc1 and #cjc;,a4 7c7 ,clerical ,amendment ,the table of contents for such ,act is amended by inserting after the item relating to section #cjc the following new item3 ,sec4 #cjc;,a4 ,risk-limiting audits4 4 #d4 ,enhancement of enforcement of ,help ,america ,vote ,act of #bjjb 7a7 ,in general ,section #dja of the ,help ,america ,vote ,act of #bjjb 7#eb ,u4,s4,c4 #baaaa71 as amended by section #c7;b71 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 ,availability of private right of action ,any person who is aggrieved by a violation of section #cja or #cjc;,a which has occurred1 is occurring1 or is about to occur after the date that is #f years after the date of the enactment of the ,protecting ,american ,votes and ,elections ,act of #bjai may file an action under section #aigi of the ,revised ,statutes of the ,united ,states 7#db ,u4,s4,c4 #aihc7 to enforce the requirements under such section4 7c7 ,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 7b7 ,use of protection and advocacy system grants for disability access enforcement ,section #bib7;a7 of the ,help ,america ,vote ,act of #bjjb 7#eb ,u4,s4,c4 #bajfb7;a77 is amended by striking 2 except that and all that follows and inserting a period4 #e4 ,financial assistance to ,states 7a7 ,in general 7#a7 ,additional grant programs ,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 to ,states for replacement voting devices #big4 ,replacement of paperless voting systems 7a7 ,in general ,not later than #de days after the date of the enactment of this part1 the ,commission shall establish a program under which the ,commission shall make a payment under this part to each eligible ,state4 7b7 ,use of funds 7#a7 ,in general ,a ,state shall use the funds provided under a payment under this section to replace nonqualified voting systems with a voting system that-- 7,a7 uses optical scanning devices that meet the requirements of section #cja7;a77#g7 to read and tabulate votes2 7,b7 is capable of facilitating the requirements for risk-limiting audits under section #cjc;,a2 and 7,c7 meets such minimum security standards as established by the ,director of ,cybersecurity and ,infrastructure ,security under section #bbae of the ,homeland ,security ,act4 7#b7 ,limitation ,a ,state may not use the funds provided under a payment made under this section to acquire any electronic device that a voter can use to mark a paper ballot4 7c7 ,deadline ,a ,state receiving a payment under the program under this section shall ensure that all nonqualified voting systems in the eligible ,state have been replaced before the first regularly scheduled general election for ,federal office held more than #a year after the date of the enactment of the ,protecting ,american ,votes and ,elections ,act of #bjai4 7d7 ,eligible ,state 7#a7 ,in general ,for purposes of this section1 the term eligible ,state means any ,state that-- 7,a7 has precincts within the ,state that used a nonqualified voting system to record votes in the regularly scheduled general election for ,federal office held in ,november #bjah2 and 7,b7 submits to the ,commission a notice not later than the date that is #f months after the date of the enactment of this part 7in such form as the ,commission may require7 that contains-- 7i7 an estimate of the cost of replacing nonqualified voting systems within the ,state with voting systems described in subsection 7b72 7ii7 certifications that the ,state will use the payment to replace such nonqualified voting systems by the deadline described in subsection 7c72 7iii7 certifications that the ,state will continue to comply with the laws described in section #ijf2 7iv7 certifications that the replacement voting systems will meet the requirements of subsection 7b72 and 7v7 such other information and certifications as the ,commission may require which are necessary for the administration of the program4 7#b7 ,compliance of states that require changes to state law ,in the case of a ,state that requires ,state legislation to carry out an activity covered by any certification submitted under this 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 7e7 ,amount of payment 7#a7 ,in general ,the amount of funds provided to a ,state under a payment under this section shall be equal to the product obtained by multiplying-- 7,a7 the lesser of-- 7i7 total amount appropriated for payments pursuant to the authorization under subsection 7g72 or 7ii7 the total amount of costs estimated by all eligible ,states on the notices submitted under subsection 7d77#a77;,b77i72 by 7,b7 the ,state allocation percentage for the eligible ,state 7as determined under paragraph 7#b774 7#b7 ,state allocation percentage ,the ,state allocation percentage for any eligible ,state is the amount 7expressed as a percentage7 equal to the quotient obtained by dividing-- 7,a7 the total voting age population of all eligible ,states 7as reported in the most recent decennial census72 by 7,b7 the voting age population of the eligible ,state 7as reported in the most recent decennial census74 7f7 ,nonqualified voting system ,for purposes of this section1 the term nonqualified voting system means any voting system that does not use individual1 durable1 voter-verifiable paper ballots meeting the requirements of section #cja7;a77#b7 7other than for purposes of meeting the accessibility requirements of section #cja7;a77#c774 7g7 ,authorization of appropriations 7#a7 ,in general ,there is authorized to be appropriated to the ,commission to carry out this section #ejj1jjj1jjj for fiscal year #bjai4 7#b7 ,authorization of appropriations for ,commission ,in addition to the amounts authorized under paragraph 7#a71 there are authorized to be appropriated to the ,commission such sums as may be necessary to administer the programs under this part4 #big;,a4 ,acquisition of accessible ballot marking devices for voters with disabilities 7a7 ,in general ,the ,commission shall pay to ,states the amount of eligible accessible ballot marking device costs4 7b7 ,eligible accessible ballot marking device costs 7#a7 ,in general ,for purposes of this section1 the term eligible accessible ballot marking device costs means costs paid or incurred by a ,state or local government to acquire an accessible ballot marking device4 7#b7 ,accessible ballot marking device defined ,for purposes of this section1 the term accessible ballot marking device means a ballot marking device that is used by the ,state or local government exclusively to comply with the requirements of section #cja7;a77#c7 7as applied to elections for ,federal office occurring after the date that is #f years after the date of the enactment of the ,protecting ,american ,votes and ,elections ,act of #bjai74 7c7 ,payments 7#a7 ,limitations 7,a7 ,in general ,except as provided in subparagraph 7,b71 the ,commission shall not pay eligible accessible ballot marking device costs with respect to more than #a accessible ballot marking device in any precinct4 7,b7 ,exception ,the ,commission may pay for more than #a accessible ballot marking device in any precinct if the ,state demonstrates the need for more accessible ballot marking devices in such precinct due to the number of voters with disabilities voting in such precinct compared to other precincts4 7#b7 ,rules and procedures ,the ,commission shall establish rules and procedures for submission of eligible accessible ballot marking device costs for payments under this section4 7#c7 ,insufficient funds ,in any case in which the amounts appropriated under subsection 7d7 are insufficient to pay all eligible accessible ballot marking device costs submitted by ,states with respect to any ,federal election1 the amount of such costs paid under subsection 7a7 to any ,state shall be equal to the amount that bears the same ratio to the amount which would be paid to such ,state 7determined without regard to this paragraph7 as-- 7,a7 the number of individuals who voted in such ,federal election in such ,state2 bears to 7,b7 the total number of individuals who voted in such ,federal election in all ,states submitting a claim for eligible accessible ballot marking device costs4 7d7 ,authorization of appropriations 7#a7 ,in general ,there is hereby authorized to be appropriated to the ,commission to carry out this section #bej1jjj1jjj for fiscal years #bjai through #bjbe4 7#b7 ,availability ,any amounts appropriated pursuant to paragraph 7#a7 shall remain available without fiscal year limitation until expended4 #h ,funding for ballot design and printing #bih4 ,payments for ballot design and printing 7a7 ,in general ,the ,commission shall pay to ,states the amount of eligible ballot design and printing costs4 7b7 ,eligible design and printing costs ,for purposes of this section1 the term eligible ballot design and printing costs means1 with respect to any ,state1 costs paid or incurred by the ,state or any local government within the ,state for the design and printing of any ballot that-- 7#a7 is used in an election for ,federal office occurring after the date of the enactment of this part2 and 7#b7 meets such minimum standards for usability and accessibility as established by the ,commission1 in consultation with the ,director of the ,national ,institute of ,standards and ,technology1 for purposes of this section4 7c7 ,special rules 7#a7 ,rules and procedures ,the ,commission shall establish rules and procedures for submission of eligible ballot design and printing costs for payments under this section4 7#b7 ,insufficient funds ,in any case in which the amounts appropriated under subsection 7d7 are insufficient to pay all eligible ballot design and printing costs submitted by ,states with respect to any ,federal election1 the amount of such costs paid under subsection 7a7 to any ,state shall be equal to the amount that bears the same ratio to the amount which would be paid to such ,state 7determined without regard to this paragraph7 as-- 7,a7 the number of individuals who voted in such ,federal election in such ,state2 bears to 7,b7 the total number of individuals who voted in such ,federal election in all ,states submitting a claim for eligible ballot design and printing costs4 7d7 ,authorization of appropriations 7#a7 ,in general ,there is hereby authorized to be appropriated to the ,commission such sums as are necessary to carry out this part4 7#b7 ,availability ,any amounts appropriated pursuant to paragraph 7#a7 shall remain available without fiscal year limitation until expended4 #i ,funding for post-,election risk-,limiting audits #bii4 ,payments for post-election risk-limiting audits 7a7 ,in general ,the ,commission shall pay to ,states the amount of eligible post-election audit costs4 7b7 ,eligible post-,election audit costs ,for purposes of this section1 the term eligible post-election audit costs means1 with respect to any ,state1 costs paid or incurred by the ,state or local government within the ,state for-- 7#a7 the conduct of any risk-limiting audit 7as defined in section #cjc;,a7 with respect to an election for ,federal office occurring after the date of the enactment of this part2 and 7#b7 any equipment1 software1 or services necessary for the conduct of any such risk-limiting audit4 7c7 ,special rules 7#a7 ,rules and procedures ,the ,commission shall establish rules and procedures for submission of eligible post-election audit costs for payments under this section4 7#b7 ,insufficient funds ,in any case in which the amounts appropriated under subsection 7d7 are insufficient to pay all eligible post-election audit costs submitted by ,states with respect to any ,federal election1 the amount of such costs paid under subsection 7a7 to any ,state shall be equal to the amount that bears the same ratio to the amount which would be paid to such ,state 7determined without regard to this paragraph7 as-- 7,a7 the number of individuals who voted in such ,federal election in such ,state2 bears to 7,b7 the total number of individuals who voted in such ,federal election in all ,states submitting a claim for eligible post-election audit costs4 7d7 ,authorization of appropriations 7#a7 ,in general ,there is hereby authorized to be appropriated to the ,commission such sums as are necessary to carry out this part4 7#b7 ,availability ,any amounts appropriated pursuant to paragraph 7#a7 shall remain available without fiscal year limitation until expended4 4 7#b7 ,clerical amendment ,the table of contents for the ,help ,america ,vote ,act of #bjjb 7#eb ,u4,s4,c4 #cjaja et seq47 is amended by inserting after the item related to section #bif the following3 ,part #g--,payments to ,states for replacement voting devices ,sec4 #big4 ,replacement of paperless voting systems4 ,sec4 #big;,a4 ,acquisition of accessible ballot marking devices for voters with disabilities4 ,part #h--;,funding for ballot design and printing ,sec4 #bih4 ,payments for ballot design and printing4 ,part #i--;,funding for post-,election risk-,limiting audits ,sec4 #bii4 ,payments for post-election risk-limiting audits4 4 7b7 ,modifications to protection and advocacy system grants ,section #bia7;b7 of the ,help ,america ,vote ,act of #bjjb 7#eb ,u4,s4,c4 #bajfa7;b77 is amended-- 7#a7 by striking as set forth in subsections 7c77#c7 and inserting as set forth in subsections 7c77#a77;,b7 7regardless of the fiscal year71 7c77#c72 and 7#b7 by striking except that and all that follows and inserting except that the amount of the grants to systems referred to in subsection 7c77#c77;,b7 of that section shall not be less than #gj1jjj and the amount of the grants to systems referred to in subsections 7c77#a77;,b7 and 7c77#d77;,b7 of that section shall not be less than #ce1jjj44 #f4 ,cybersecurity requirements for and testing and certification of voting systems 7a7 ,in general ,subtitle ,a of title ,,xxii of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #fea et seq47 is amended by adding at the end the following3 #bbae4 ,mandatory cybersecurity requirements for systems used in ,federal elections ,not later than #ahj days after the date of enactment of ,protecting ,american ,votes and ,elections ,act of #bjai1 the ,secretary1 acting through the ,director1 shall promulgate rules establishing minimum cybersecurity requirements for the use in ,federal elections of-- 7#a7 optical scanning devices 7within the meaning of section #cja7;a77#g7 of the ,help ,america ,vote ,act of #bjjb72 7#b7 ballot marking devices 7within the meaning of section #cja7;a77#aj7 of such ,act72 7#c7 election management systems1 including those systems used-- 7,a7 to configure optical scanning devices and ballot marking devices2 7,b7 to aggregate election results2 and 7,c7 to design paper ballots2 7#d7 electronic poll books2 7#e7 any government database1 website1 or associated information system used by voters or government agencies for voter registration 7including the management of voter registration status72 7#f7 systems used to deliver or publish election results2 and 7#g7 such other components of voting systems 7as defined in section #cja7;b7 of such ,act7 as is determined appropriate by the ,director4 #bbaf4 ,testing and certification of ballot marking and optical scanning device cybersecurity 7a7 ,in general ,any ,state or jurisdiction which intends to use a ballot marking device or an optical scanning device in an election for ,federal office may submit an application to the ,director for cybersecurity testing and certification of the hardware and software of such device under this section4 7b7 ,application1 assignment1 and testing 7#a7 ,assignment 7,a7 ,in general ,upon receipt of an application for testing under this section1 the ,director1 in consultation with the ,director of the ,national ,institute of ,standards and ,technology1 shall contract with a qualified laboratory for the testing of whether the ballot marking device or optical scanning device intended to be used by the ,state or jurisdiction1 as the case may be1 meets the requirements of section #cja7;a77#g77;,b7 of the ,help ,america ,vote ,act of #bjjb4 7,b7 ,optional testing of ,state requirements ,in the case of a ballot marking device or optical scanning device for which the source code has been published under an open source license1 the contract under subparagraph 7,a7 shall also include1 at the request of any ,state or jurisdiction1 testing of whether such device meets any applicable requirements of the ,state or jurisdiction4 7#b7 ,requirements for testing ,any contract described in paragraph 7#a7 shall require the qualified research laboratory to-- 7,a7 not later than #cj days before testing begins1 submit to the ,director for approval the protocol for the simulated election scenario used for testing the security of the ballot marking device or optical scanning device1 as the case may be2 7,b7 use only protocols approved by the ,director in conducting such security testing2 and 7,c7 submit to the ,director a report on the results of the security testing4 7#c7 ,qualified research laboratory ,for purposes of this section1 the term qualified research laboratory means a laboratory accredited under this subsection by the ,director1 in consultation with the ,director of the ,national ,institute of ,standards and ,technology4 7c7 ,reporting and certification ,the ,director shall-- 7#a7 publish on the website of the ,cybersecurity and ,infrastructure ,security ,agency the results of the testing conducted under subsection 7b72 and 7#b7 certify a ballot marking device or optical scanning device if the ballot marking device or optical scanning device1 as the case may be1 is determined by the qualified research laboratory to meet the requirements of section #cja7;a77#g77;,b7 of the ,help ,america ,vote ,act of #bjjb4 7d7 ,prohibition on fees ,the ,director may not charge any fee to a ,state or jurisdiction1 a developer or manufacturer of a ballot marking device or optical scanning device1 or any other person in connection with testing and certification under this section 7including any testing conducted under subsection 7b77#a77;,b774 4 7b7 ,conforming amendment ,the table of contents in section #a7;b7 of the ,homeland ,security ,act of #bjjb 7,public ,law #ajg-bif2 #aaf ,stat4 #bace7 is amended by inserting after the item relating to section #bbad the following3 ,sec4 #bbae4 ,mandatory cybersecurity requirements for systems used in ,federal elections4 ,sec4 #bbaf4 ,testing and certification of ballot marking and optical scanning device cybersecurity4 4 #g4 ,voting system cybersecurity requirements 7a7 ,ballot tabulating devices ,section #cja7;a7 of the ,help ,america ,vote ,act of #bjjb 7#eb ,u4,s4,c4 #bajha7;a77 is amended by adding at the end the following new paragraph3 7#g7 ,ballot tabulating methods 7,a7 ,in general ,the voting system tabulates ballots by hand or through the use of an optical scanning device that meets the requirements of subparagraph 7,b74 7,b7 ,requirements for optical scanning devices ,except as provided in subparagraph 7,c71 the requirements of this subparagraph are as follows3 7i7 ,the device is designed and built in a manner in which it is mechanically impossible for the device to add or change the vote selections on a printed or marked ballot4 7ii7 ,the device is capable of exporting its data 7including vote tally data sets and cast vote records7 in a machine-readable1 open data standard format required by the ,commission1 in consultation with the ,director of the ,national ,institute of ,standards and ,technology4 7iii7 ,the device consists of hardware that-- 7,i7 is certified under section #bbaf of the ,homeland ,security ,act2 and 7,,ii7 demonstrably conforms to a hardware component manifest describing point-of-origin information 7including upstream hardware supply chain information for each component7 that-- 7aa7 has been provided to the ,commission1 the ,director of ,cybersecurity and ,infrastructure ,security1 and the chief ,state election official for each ,state in which the device is used2 and 7bb7 may be shared by any entity to whom it has been provided under item 7aa7 with independent experts for cybersecurity analysis4 7iv7 ,the device utilizes technology that prevents the operation of the device if any hardware components do not meet the requirements of clause 7iii74 7v7 ,the device operates using software-- 7,i7 for which the source code1 system build tools1 and compilation parameters-- 7aa7 have been provided to the ,commission1 the ,director of ,cybersecurity and ,infrastructure ,security1 and the chief ,state election official for each ,state in which the device is used2 and 7bb7 may be shared by any entity to whom it has been provided under item 7aa7 with independent experts for cybersecurity analysis2 and 7,,ii7 that is certified under section #bbaf of the ,homeland ,security ,act4 7vi7 ,the device utilizes technology that prevents the running of software on the device that does not meet the requirements of clause 7v74 7vii7 ,the device utilizes technology that enables election officials1 cybersecurity researchers1 and voters to verify that the software running on the device-- 7,i7 was built from a specific1 untampered version of the code that is described in clause 7v72 and 7,,ii7 uses the system build tools and compilation parameters that are described in clause 7v74 7viii7 ,the device contains such other security requirements as the ,director of ,cybersecurity and ,infrastructure ,security requires4 7,c7 ,waiver 7i7 ,in general ,the ,director of ,cybersecurity and ,infrastructure ,security1 in consultation with the ,director of the ,national ,institute of ,standards and ,technology1 may waive one or more of the requirements of subparagraph 7,b7 7other than the requirement of clause 7i7 thereof7 with respect to any device for a period of not to exceed #b years4 7ii7 ,publication ,information relating to any waiver granted under clause 7i7 shall be made publicly available on the ,internet4 7,d7 ,effective date ,each ,state and jurisdiction shall be required to comply with the requirements of this paragraph for the regularly scheduled election for ,federal office in ,november #bjbd1 and for each subsequent election for ,federal office4 4 7b7 ,other cybersecurity requirements ,section #cja7;a7 of the ,help ,america ,vote ,act of #bjjb 7#eb ,u4,s4,c4 #bajha7;a771 as amended by subsection 7a71 is amended by adding at the end the following new paragraphs3 7#h7 ,prohibition of use of wireless communications devices in systems or devices 7,a7 ,in general ,no system or device upon which ballot marking devices or optical scanners are configured1 upon which ballots are marked by voters 7except as necessary for individuals with disabilities to use ballot marking devices that meet the accessibility requirements of paragraph 7#c771 or upon which votes are cast1 tabulated1 or aggregated shall contain1 use1 or be accessible by any wireless1 power-line1 or concealed communication device4 7,b7 ,effective date ,each ,state and jurisdiction shall be required to comply with the requirements of this paragraph for the regularly scheduled election for ,federal office in ,november #bjbj1 and for each subsequent election for ,federal office4 7#i7 ,prohibiting connection of system to the internet 7,a7 ,in general ,no system or device upon which ballot marking devices or optical scanners are configured1 upon which ballots are marked by voters1 or upon which votes are cast1 tabulated1 or aggregated shall be connected to the ,internet or any non-local computer system via telephone or other communication network at any time4 7,b7 ,effective date ,each ,state and jurisdiction shall be required to comply with the requirements of this paragraph for the regularly scheduled election for ,federal office in ,november #bjbj1 and for each subsequent election for ,federal office4 4 7c7 ,special cybersecurity rules for certain ballot marking devices 7#a7 ,in general ,section #cja7;a7 of the ,help ,america ,vote ,act of #bjjb 7#eb ,u4,s4,c4 #bajha7;a771 as amended by subsections 7a7 and 7b71 is amended by adding at the end the following new paragraph3 7#aj7 ,ballot marking devices 7,a7 ,in general ,in the case of a voting system that uses a ballot marking device1 the ballot marking device shall be a device that-- 7i7 is not capable of tabulating votes2 7ii7 except in the case of a ballot marking device used exclusively to comply with the requirements of paragraph 7#c71 is certified in accordance with section #bcb as meeting the requirements of subparagraph 7,b72 and 7iii7 is certified under section #bbaf of the ,homeland ,security ,act as meeting the requirements of clauses 7iii7 through 7viii7 of section #cja7;a77#g77;,b74 7,b7 ,requirements 7i7 ,in general ,a ballot marking device meets the requirements of this subparagraph if1 during a double-masked test conducted by a qualified independent user experience research laboratory 7as defined in section #bcb7;b77#d77 of a simulated election scenario which meets the requirements of clause 7ii71 there is less than a #e percent chance that an ordinary voter using the device would not detect and report any difference between the vote selection printed on the ballot by the ballot marking device and the vote selection indicated by the voter4 7ii7 ,simulated election scenario ,a simulated election scenario meets the requirements of this clause if it is conducted with-- 7,i7 a pool of subjects that are-- 7aa7 diverse in age1 gender1 education1 and physical limitations2 and 7bb7 representative of the communities in which the voting system will be used2 and 7,,ii7 ballots that are representative of ballots ordinarily used in the communities in which the voting system will be used4 7,c7 ,effective date ,each ,state and jurisdiction shall be required to comply with the requirements of this paragraph for the regularly scheduled election for ,federal office in ,november #bjbb1 and for each subsequent election for ,federal office4 4 7#b7 ,procedure for testing 7,a7 ,in general ,subtitle ,b of title ,,ii of the ,help ,america ,vote ,act of #bjjb 7#eb ,u4,s4,c4 #bjiga et seq47 is amended by adding at the end the following new section3 #bcb4 ,testing and certification of ballot marking devices 7a7 ,in general ,any ,state or jurisdiction which intends to use a ballot marking device 7other than a ballot marking device used exclusively to comply with the requirements of section #cja7;a77#c77 in an election for ,federal office may submit an application to the ,commission for testing and certification under this section4 7b7 ,application1 assignment1 and testing 7#a7 ,in general ,an application under subsection 7a7 shall be submitted not later than #ah months before the date of the election for ,federal office in which the ballot marking device is intended to be used and shall contain such information as the ,commission requires4 7#b7 ,assignment ,upon receipt of an application for testing under this section1 the ,commission shall contract with a qualified independent user experience research laboratory for the testing of whether the ballot marking device intended to be used by the ,state or jurisdiction meets the requirements of section #cja7;a77#aj77;,b74 7#c7 ,requirements for testing ,any contract described in paragraph 7#b7 shall require the qualified independent user experience research laboratory to-- 7,a7 not later than #cj days before testing begins1 submit to the ,commission for approval the protocol for the simulated election scenario used for testing the ballot marking device2 7,b7 use only protocols approved by the ,commission in conducting such testing2 and 7,c7 submit to the ,commission a report on the results of the testing4 7#d7 ,qualified independent user experience research laboratory ,for purposes of this section3 7,a7 ,in general ,the term qualified independent user experience research laboratory means a laboratory accredited under this subsection by the ,election ,assistance ,commission in accordance with standards determined by the ,commission1 in consultation with the ,director of the ,national ,institute of ,standards and ,technology and the ,secretary of ,homeland ,security4 7,b7 ,criteria ,a laboratory shall not be accredited under this subsection unless such laboratory demonstrates that-- 7i7 no employee of1 or individual with an ownership in1 such laboratory has1 or has had during the #e preceding years1 any financial relationship with a manufacturer of voting systems2 and 7ii7 any group of individuals conducting tests under this section collectively meet the following qualifications3 7,i7 ,experience designing and running user research studies and experiments using both qualitative and quantitative methodologies4 7,,ii7 ,experience with voting systems4 7c7 ,review by independent board 7#a7 ,in general ,the ,commission shall submit for approval to an independent review board established under paragraph 7#c7 the following3 7,a7 ,any protocol submitted to the ,commission under subsection 7b77#c77;,a74 7,b7 ,any report submitted to the ,commission under subsection 7b77#c77;,c74 7#b7 ,final approval ,not later than the date that is #ab months before the date of the election for ,federal office in which a ,state or jurisdiction intends to use the ballot marking device1 the independent review board shall report to the ,commission on whether it has approved a report submitted under paragraph 7#a77;,b74 7#c7 ,independent review board 7,a7 ,in general ,an independent review board established under this paragraph shall be composed of #e independent scientists appointed by the ,commission1 in consultation with the ,director of the ,national ,institute of ,standards and ,technology4 7,b7 ,qualifications ,the members of the independent review board-- 7i7 shall have expertise and relevant peer-reviewed publications in the following fields3 cognitive psychology1 experimental design1 statistics1 and user experience research and testing2 and 7ii7 may not have1 or have had during the #e preceding years1 any financial relationship with a manufacturer of voting systems4 7#d7 ,publication ,the ,commission shall make public-- 7,a7 any protocol approved under this subsection2 7,b7 any report submitted under subsection 7b77#c77;,c72 and 7,c7 any determination made by an independent review board under paragraph 7#b74 7d7 ,certification ,if-- 7#a7 a ballot marking device is determined by the qualified independent user experience research laboratory to meet the requirements of section #cja7;a77#g72 and 7#b7 the report submitted under subsection 7b77#c77;,c7 is approved by a majority of the members of the independent review board under subsection 7d77#b71 then the ,commission shall certify the ballot marking device4 7e7 ,prohibition on fees ,the ,commission may not charge any fee to a ,state or jurisdiction1 a developer or manufacturer of a ballot marking device1 or any other person in connection with testing and certification under this section4 4 7,b7 ,conforming amendments 7i7 ,section #bjb7b7 of the ,help ,america ,vote ,act of #bjjb 7#eb ,u4,s4,c4 #bjibb7b77 is amended by inserting and ballot marking devices after hardware and software74 7ii7 ,the heading for subtitle ,b of title ,,ii of such ,act is amended by inserting 2 ballot marking devices4 7iii7 ,the table of contents for the ,help ,america ,vote ,act of #bjjb 7#eb ,u4,s4,c4 #cjaja et seq47 is amended-- 7,i7 by inserting 2 ,ballot ,marking ,devices at the end of the item relating to subtitle ,b of title ,,ii2 and 7,,ii7 by inserting after the item related to section #bca the following3 ,sec4 #bcb4 ,testing and certification of ballot marking devices4 4 #h4 ,ballot cybersecurity1 confidentiality1 and access for individuals with disabilities 7a7 ,in general ,section #cja7;a77#c77;,b7 of the ,help ,america ,vote ,act of #bjjb 7#eb ,u4,s4,c4 #bajha7;a77#c77;,b771 as amended by section #b7;b77#a71 is amended to read as follows3 7,b7 7i7 satisfy the requirement of subparagraph 7,a7 through the use of at least #a voting system at each polling place that-- 7,i7 is equipped for individuals with disabilities1 including nonvisual and enhanced visual accessibility for the blind and visually impaired1 and contains features to support enhanced manual accessibility for the mobility and dexterity impaired2 7,,ii7 in the case of any election for ,federal office occurring after the date that is #f years after the date of the enactment of the ,protecting ,american ,votes and ,elections ,act of #bjai-- 7aa7 marks ballots that are identical in size1 ink1 and paper stock to those ballots that would be marked by hand or a ballot marking device used by voters who do not have accessibility needs2 7bb7 marks the ballot in such a way that someone examining the ballot will not be able to readily determine whether the ballot was marked by hand or machine2 and 7cc7 combines ballots produced by the voting system with ballots marked by voters using other types of voting systems used by the ,state or jurisdiction in a way that prevents identification of which ballots were cast using each voting system2 and 7,,iii7 is made available for use by any voter who requests to use it2 and 7ii7 in the case of any election for ,federal office occurring after the date that is #f years after the date of the enactment of the ,protecting ,american ,votes and ,elections ,act of #bjai1 meet the requirements of subparagraph 7,a7 and paragraph 7#b77;,a7 by using a system that allows the voter to privately and independently verify the accuracy of 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 tabulation or auditing2 and 4 7b7 ,clarification with respect to application of requirement to ballots marked at home ,section #cja7;a77#c7 of such ,act 7#eb ,u4,s4,c4 #bajha7;a77#c77 is amended by adding at the end the following new flush sentence3 ,nothing in subparagraph 7,b7 shall be construed to prohibit the use of an accessible ballot that may be printed or marked by the voter at home4 4 #i4 ,application of ,help ,america ,vote ,act to ,northern ,mariana ,islands ,section #ija of the ,help ,america ,vote ,act of #bjjb 7#eb ,u4,s4,c4 #baada7 is amended by striking and the ,united ,states ,virgin ,islands and inserting the ,united ,states ,virgin ,islands1 and the ,northern ,mariana ,islands4 #aj4 ,biennial reports on election security 7a7 ,in general 7#a7 ,biennial report ,not later than ,september #bj of each odd numbered year the ,secretary of the ,department of ,homeland ,security shall submit to the appropriate congressional committees a report on the security of ,federal elections4 7#b7 ,supplemental reports ,the ,secretary of ,homeland ,security may submit to the appropriate congressional committees periodic updates to the most recently filed report under paragraph 7#a74 7#c7 ,consultation ,in preparing any report under this section1 the ,secretary of ,homeland ,security shall consult with the ,director of ,national ,intelligence1 the ,secretary of ,defense1 and the ,election ,assistance ,commission4 7b7 ,matters included ,reports under subsection 7a7 shall include the following3 7#a7 ,a list of ,states and jurisdictions that have received training1 advice1 and other cybersecurity assistance from the ,department of ,homeland ,security4 7#b7 ,an inventory of the election equipment 7hardware and software versions7 that was used in each election precinct to conduct each election for ,federal office during the period covered by the report4 7#c7 ,a list of known1 unpatched security vulnerabilities in election equipment that was used in each election precinct to conduct each election for ,federal office during the period covered by the report4 7#d7 ,statistics about cyber attack attempts detected by ,states or the ,federal ,government against ,state election infrastructure during the period covered by the report4 7#e7 ,incident reports from cyber attacks that required remediation during the period covered by the report4 7#f7 ,a full assessment of the security of ,federal elections during the period covered by the report4 7#g7 ,an assessment of ,federal and ,state cyber-security efforts to prepare for future ,federal elections1 together with any recommendations on further actions with respect to such efforts4 ,the ,secretary of ,homeland ,security may modify reports provided under paragraph 7#e7 to anonymize any information that would reveal the identity of the victim of such cyber attack if such revelation would disrupt the relationship between the ,department of ,homeland ,security and a ,state or jurisdiction4 7c7 ,treatment of classified material ,reports submitted under this section shall be submitted in unclassified form1 but may include a classified annex4 7d7 ,appropriate congressional committees ,for purposes of this section1 the term appropriate congressional committees means-- 7#a7 the ,committee on ,rules and ,administration1 the ,committee on ,homeland ,security and ,governmental ,affairs1 the ,select ,committee on ,intelligence1 and the ,committee on ,appropriations of the ,senate2 and 7#b7 the ,committee on ,house ,administration1 the ,committee on ,homeland ,security1 the ,permanent ,select ,committee on ,intelligence1 and the ,committee on ,appropriations of the ,house of ,representatives4