,,ii #aagth ,,congress #b;d ,session ,s4 #eccb ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,december #ba1 #bjbb,ms4 ,klobuchar introduced the following bill2 which was read twice and referred to the ,committee on ,rules and ,administration ,a ,,bill ,to protect elections for public office by providing enhanced security for the infrastructure used to carry out such elections1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,election ,security ,act of #bjbb4 ,i ,promoting ,accuracy1 ,integrity1 and ,security ,through ,voter-,verifiable ,permanent ,paper ,ballot #aja4 ,short title ,this title may be cited as the ,voter ,confidence and ,increased ,accessibility ,act of #bjbb4 #ajb4 ,paper ballot and manual counting requirements 7a7 ,in general ,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 ,the voting system shall require the use of an individual1 durable1 voter-verifiable paper ballot of the voter's vote selections that shall be marked by the voter and presented to the voter for verification before the voter's ballot is preserved in accordance with subparagraph 7,b71 and which shall be counted by hand or other counting device or read by a ballot tabulation device4 ,for purposes of this subclause1 the term individual1 durable1 voter-verifiable 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 at every in-person voting location to mark by hand a printed ballot that includes all relevant contests and candidates4 7ii7 ,the voting system shall provide the voter with an opportunity to correct any error on the paper ballot before the permanent voter-verifiable paper ballot is preserved in accordance with subparagraph 7,b74 7iii7 ,the voting system shall not preserve the 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 record of the voter's vote selections4 7iv7 ,the voting system shall prevent1 through mechanical means or through independently verified protections1 the modification or addition of vote selections on a printed or marked ballot at any time after the voter has been provided an opportunity to correct errors on the ballot pursuant to clause 7ii74 7,b7 ,preservation as official record ,the individual1 durable1 voter-verifiable paper ballot used in accordance with subparagraph 7,a7 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 7,c7 ,manual counting requirements for recounts and audits 7i7 ,each paper ballot used pursuant to subparagraph 7,a7 shall be suitable for a manual audit1 and such ballots1 or at least those ballots the machine could not count1 shall be counted by hand in any recount or audit conducted with respect to any election for ,federal office4 7ii7 ,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-verifiable paper ballots used pursuant to subparagraph 7,a71 the individual1 durable1 voter-verifiable paper ballots shall be the true and correct record of the votes cast4 7,d7 ,sense of congress ,it is the sense of ,congress that as innovation occurs in the election infrastructure sector1 ,congress should ensure that this ,act and other ,federal requirements for voting systems are updated to keep pace with best practices and recommendations for security and accessibility4 4 7b7 ,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 7c7 ,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 #ajc4 ,accessibility and ballot verification for individuals with disabilities 7a7 ,in general ,paragraph 7#c7 of section #cja7;a7 of the ,help ,america ,vote ,act of #bjjb 7#eb ,u4,s4,c4 #bajha7;a77#c77 is amended to read as follows3 7#c7 ,accessibility for individuals with disabilities 7,a7 ,in general ,the voting system shall-- 7i7 be accessible for individuals with disabilities1 including nonvisual accessibility for the blind and visually impaired1 in a manner that provides the same opportunity for access and participation 7including privacy and independence7 as for other voters2 7ii7 7,i7 ensure that individuals with disabilities and others are given an equivalent opportunity to vote1 including with privacy and independence1 in a manner that produces a voter-verifiable paper ballot2 and 7,,ii7 satisfy the requirement of clause 7i7 through the use at in-person polling locations of a sufficient number 7not less than one7 of voting systems equipped to serve individuals with and without disabilities1 including nonvisual and enhanced visual accessibility for the blind and visually impaired1 and nonmanual and enhanced manual accessibility for the mobility and dexterity impaired2 and 7iii7 if purchased with funds made available under title ,,ii on or after ,january #a1 #bjjg1 meet the voting system standards for disability access 7as outlined in this paragraph74 7,b7 ,means of meeting requirements ,a voting system may meet the requirements of subparagraph 7,a77i7 and paragraph 7#b7 by-- 7i7 allowing 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 tabulation or auditing2 7ii7 allowing the voter to privately and independently verify and cast the permanent paper ballot without requiring the voter to manually handle the paper ballot2 7iii7 marking ballots that are identical in size1 ink1 and paper stock to those ballots that would either be marked by hand or be marked by a ballot marking device made generally available to voters2 or 7iv7 combining ballots produced by any ballot marking devices reserved for individuals with disabilities with ballots that have either been marked by voters by hand or marked by ballot marking devices made generally available to voters1 in a way that prevents identification of the ballots that were cast using any ballot marking device that was reserved for individuals with disabilities4 7,c7 ,sufficient number ,for purposes of subparagraph 7,a77ii77,,ii71 the sufficient number of voting systems for any in-person polling location shall be determined based on guidance from the ,attorney ,general1 in consultation with the ,architectural and ,transportation ,barriers ,compliance ,board established under section #ejb7;a77#a7 of the ,rehabilitation ,act of #aigc 7#bi ,u4,s4,c4 #gib7;a77#a77 7commonly referred to as the ,united ,states ,access ,board7 and the ,commission4 4 7b7 ,specific requirement of study1 testing1 and development of accessible voting options 7#a7 ,study and reporting ,subtitle ,c of title ,,ii of such ,act 7#eb ,u4,s4,c4 #bajha 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 voting options 7a7 ,grants ,to study and report ,the ,commission1 in coordination with the ,access ,board and the ,cybersecurity and ,infrastructure ,security ,agency1 shall make grants to not fewer than #b eligible entities to study1 test1 and develop-- 7#a7 accessible and secure remote voting systems2 7#b7 voting1 verification1 and casting devices to enhance the accessibility of voting and verification for individuals with disabilities2 or 7#c7 both of the matters described in paragraphs 7#a7 and 7#b74 7b7 ,eligibility ,an entity is eligible to receive a grant under this part if it submits to the ,commission 7at such time and in such form as the ,commission may require7 an application containing-- 7#a7 a certification that the entity shall complete the activities carried out with the grant not later than ,january #a1 #bjbd2 and 7#b7 such other information and certifications as the ,commission 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 ,commission 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 ,commission determine necessary to provide for the advancement of accessible voting technology4 7e7 ,authorization of appropriations ,there is authorized to be appropriated to carry out subsection 7a7 #aj1jjj1jjj1 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 voting options4 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 7#eb ,u4,s4,c4 #baaja et seq47 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#eb ,u4,s4,c4 #bajfb7;a77 is amended by striking 2 except that and all that follows and inserting a period4 #ajd4 ,durability and readability requirements for ballots ,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 ,durability and readability requirements for ballots 7,a7 ,durability requirements for paper ballots 7i7 ,in general ,all voter-verifiable 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-verifiable 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 ballot tabulation device or other device equipped for individuals with disabilities4 4 #aje4 ,study and report on optimal ballot design 7a7 ,study ,the ,election ,assistance ,commission shall conduct a study of the best ways to design ballots used in elections for public office1 including paper ballots and electronic or digital ballots1 to minimize confusion and user errors4 7b7 ,report ,not later than #a year after the date of the enactment of this ,act1 the ,election ,assistance ,commission shall submit to ,congress a report on the study conducted under subsection 7a74 #ajf4 ,ballot marking device cybersecurity requirements ,section #cja7;a7 of the ,help ,america ,vote ,act of #bjjb 7#eb ,u4,s4,c4 #bajha7;a771 as amended by section #ajd1 is further amended by adding at the end the following new paragraphs3 7#h7 ,prohibition of use of wireless communications devices in systems or devices ,no system or device upon which ballot marking devices or ballot tabulation devices are configured1 upon which ballots are marked by voters at a polling place 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#i7 ,prohibiting connection of system to the internet ,no system or device upon which ballot marking devices or ballot tabulation devices are configured1 upon which ballots are marked by voters at a voting place1 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 4 #ajg4 ,effective date for new requirements ,section #cja7;d7 of the ,help ,america ,vote ,act of #bjjb 7#eb ,u4,s4,c4 #bajha7;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 or jurisdiction pursuant to the amendments made by the ,voter ,confidence and ,increased ,accessibility ,act of #bjbb shall apply with respect to voting systems used for any election for ,federal office held in #bjbd or any succeeding year4 7,b7 ,special rule for jurisdictions using certain paper record printers or certain systems using or producing voter-verifiable paper records in #bjbj 7i7 ,in general ,in the case of a jurisdiction described in clause 7ii71 the requirements of paragraphs 7#b77;,a77i7 and 7#g7 of subsection 7a7 7as amended or added by the ,voter ,confidence and ,increased ,accessibility ,act of #bjbb7 shall not apply before the date on which the jurisdiction replaces the printers or systems described in clause 7ii77,i7 for use in the administration of elections for ,federal office4 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;,a77i7 and 7#g7 of subsection 7a7 7as amended or added by the ,voter ,confidence and ,increased ,accessibility ,act of #bjbb71 for the administration of the regularly scheduled general election for ,federal office held in ,november #bjbj2 and 7,,ii7 which will continue to use such printers or systems for the administration of elections for ,federal office held in years before the applicable year4 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 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 printed blank paper ballot4 ,the notice shall comply with the requirements of section #bjc of the ,voting ,rights ,act of #aife 7#eb ,u4,s4,c4 #ajejc74 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 printed paper ballot4 7,v7 ,period of applicability ,the requirements of this clause apply only during the period beginning on ,january #a1 #bjbc1 and ending on the date on which the which the jurisdiction replaces the printers or systems described in clause 7ii77,i7 for use in the administration of elections for ,federal office4 7,c7 ,delay for certain jurisdictions using voting systems with wireless communication devices or internet connections 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 #bjbd were a reference to the applicable year1 but only with respect to the following requirements of this section4 7,i7 ,paragraph 7#h7 of subsection 7a7 7relating to prohibition of wireless communication devices74 7,,ii7 ,paragraph 7#i7 of subsection 7a7 7relating to prohibition of connecting systems to the internet74 7ii7 ,jurisdictions described ,a jurisdiction described in this clause is a jurisdiction-- 7,i7 which used a voting system which is not in compliance with paragraph 7#h7 or 7#i7 of subsection 7a7 7as amended or added by the ,voter ,confidence and ,increased ,accessibility ,act of #bjbb7 for the administration of the regularly scheduled general election for ,federal office held in ,november #bjbj2 7,,ii7 which was not able1 to all extent practicable1 to comply with paragraphs 7#h7 and 7#i7 of subsection 7a7 before ,january #a1 #bjbc2 and 7,,iii7 which will continue to use such printers or systems for the administration of elections for ,federal office held in years before the applicable year4 7iii7 ,applicable year 7,i7 ,in general ,except as provided in subclause 7,,ii71 the term applicable year means #bjbf4 7,,ii7 ,extension ,if a ,state or jurisdiction certifies to the ,commission not later than ,january #a1 #bjbf1 that the ,state or jurisdiction will not meet the requirements described in subclauses 7,i7 and 7,,ii7 of clause 7i7 by such date because it would be impractical to do so and includes in the certification the reasons for the failure to meet the deadline1 the term applicable year means #bjcj4 4 #ajh4 ,grants for obtaining compliant paper ballot voting systems and carrying out voting system security improvements 7a7 ,availability of grants 7#a7 ,in general ,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 ,grants for ,obtaining ,compliant ,paper ,ballot ,voting ,systems and ,carrying ,out ,voting ,system ,security ,improvements #big4 ,grants for obtaining compliant paper ballot voting systems and carrying out voting system security improvements 7a7 ,availability and use of grant 7#a7 ,in general ,the ,commission shall make a grant to each eligible ,state-- 7,a7 to replace a voting system-- 7i7 which does not meet the requirements which are first imposed on the ,state pursuant to the amendments made by the ,voter ,confidence and ,increased ,accessibility ,act of #bjbb with a voting system which-- 7,i7 does meet such requirements2 and 7,,ii7 in the case of a grandfathered voting system 7as defined in paragraph 7#b771 is in compliance with the most recent voluntary voting system guidelines2 or 7ii7 which does meet such requirements but which is not in compliance with the most recent voluntary voting system guidelines with another system which does meet such requirements and is in compliance with such guidelines2 7,b7 to carry out voting system security improvements described in section #big;,a with respect to the regularly scheduled general election for ,federal office held in ,november #bjbd and each succeeding election for ,federal office2 7,c7 to implement and model best practices for ballot design1 ballot instructions1 and the testing of ballots2 and 7,d7 to purchase or acquire accessible voting systems that meet the requirements of paragraph 7#b7 and paragraph 7#c77;,a77i7 of section #cja7;a7 by the means described in paragraph 7#c77;,b7 of such section4 7#b7 ,definition of grandfathered voting system ,in this subsection1 the term grandfathered voting system means a voting system that is used by a jurisdiction described in subparagraph 7,b77ii7 or 7,c77ii7 of section #cja7;d77#b74 7b7 ,amount of payment 7#a7 ,in general ,the amount of payment made to an eligible ,state under this section shall be the minimum payment amount described in paragraph 7#b7 plus the voting age population proportion amount described in paragraph 7#c74 7#b7 ,minimum payment amount ,the minimum payment amount described in this paragraph is-- 7,a7 in the case of any of the several ,states or the ,district of ,columbia1 one-half of #a percent of the aggregate amount made available for payments under this section2 and 7,b7 in the case of the ,commonwealth of ,puerto ,rico1 ,guam1 ,american ,samoa1 the ,united ,states ,virgin ,islands1 or the ,commonwealth of the ,northern ,mariana ,islands1 one-tenth of #a percent of such aggregate amount4 7#c7 ,voting age population proportion amount ,the voting age population proportion amount described in this paragraph is the product of-- 7,a7 the aggregate amount made available for payments under this section minus the total of all of the minimum payment amounts determined under paragraph 7#b72 and 7,b7 the voting age population proportion for the ,state 7as defined in paragraph 7#d774 7#d7 ,voting age population proportion defined ,the term voting age population proportion means1 with respect to a ,state1 the amount 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#e7 ,requirement relating to purchase of accessible voting systems ,an eligible ,state shall use not less than #aj percent of funds received by the ,state under this section to purchase accessible voting systems described in subsection 7a77#a77;,d74 #big;,a4 ,voting system security improvements described 7a7 ,permitted uses ,a voting system security improvement described in this section is any of the following3 7#a7 ,the acquisition of goods and services from qualified election infrastructure vendors by purchase1 lease1 or such other arrangements as may be appropriate4 7#b7 ,cyber and risk mitigation training4 7#c7 ,a security risk and vulnerability assessment of the ,state's election infrastructure 7as defined in section #ajh7;b7 of the ,voter ,confidence and ,increased ,accessibility ,act of #bjbb7 which is carried out by a provider of cybersecurity services under a contract entered into between the chief ,state election official and the provider4 7#d7 ,the maintenance of infrastructure used for elections1 including addressing risks and vulnerabilities which are identified under either of the security risk and vulnerability assessments described in paragraph 7#c71 except that none of the funds provided under this part may be used to renovate or replace a building or facility which is not a primary provider of information technology services for the administration of elections1 and which is used primarily for purposes other than the administration of elections for public office4 7#e7 ,providing increased technical support for any information technology infrastructure that the chief ,state election official deems to be part of the ,state's election infrastructure 7as so defined7 or designates as critical to the operation of the ,state's election infrastructure 7as so defined74 7#f7 ,enhancing the cybersecurity and operations of the information technology infrastructure described in paragraph 7#d74 7#g7 ,enhancing the cybersecurity of voter registration systems4 7b7 ,qualified election infrastructure vendors described ,for purposes of this part1 a qualified election infrastructure vendor is any person who provides1 supports1 or maintains1 or who seeks to provide1 support1 or maintain1 election infrastructure 7as defined in section #ajh7;b7 of the ,voter ,confidence and ,increased ,accessibility ,act of #bjbb7 on behalf of a ,state1 unit of local government1 or election agency 7as defined in section #ajh7;b7 of such ,act7 who meets the criteria described in section #ajh7;b7 of such ,act4 #big;,b4 ,eligibility of ,states ,a ,state is eligible to receive a grant under this part if the ,state submits to the ,commission1 at such time and in such form as the ,commission may require1 an application containing-- 7#a7 a description of how the ,state will use the grant to carry out the activities authorized under this part2 7#b7 a certification and assurance that1 not later than #e years after receiving the grant1 the ,state will carry out voting system security improvements1 as described in section #big;,a2 and 7#c7 such other information and assurances as the ,commission may require4 #big;,c4 ,reports to ,congress ,not later than #ij days after the end of each fiscal year1 the ,commission shall submit a report to the ,committees on ,homeland ,security1 ,house ,administration1 and the ,judiciary of the ,house of ,representatives and the ,committees on ,homeland ,security and ,governmental ,affairs1 the ,judiciary1 and ,rules and ,administration of the ,senate1 on the activities carried out with the funds provided under this part4 #big;,d4 ,authorization of appropriations 7a7 ,authorization ,there are authorized to be appropriated for grants under this part-- 7#a7 #b1djj1jjj1jjj for fiscal year #bjbd2 and 7#b7 #age1jjj1jjj for each of the fiscal years #bjbf1 #bjbh1 and #bjcj4 7b7 ,continuing availability of amounts ,any amounts appropriated pursuant to the authorization of this section shall 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 ,obtaining ,compliant ,paper ,ballot ,voting ,systems and ,carrying ,out ,voting ,system ,security ,improvements,sec4 #big4 ,grants for obtaining compliant paper ballot voting systems and carrying out voting system security improvements4,sec4 #big;,a4 ,voting system security improvements described4,sec4 #big;,b4 ,eligibility of ,states4,sec4 #big;,c4 ,reports to ,congress4,sec4 #big;,d4 ,authorization of appropriations4 7b7 ,qualified election infrastructure vendors 7#a7 ,in general ,the ,secretary1 in consultation with the ,chair1 shall establish and publish criteria for qualified election infrastructure vendors for purposes of section #big;,a of the ,help ,america ,vote ,act of #bjjb 7as added by this ,act74 7#b7 ,criteria ,the criteria established under paragraph 7#a7 shall include each of the following requirements3 7,a7 ,the vendor shall-- 7i7 be owned and controlled by a citizen or permanent resident of the ,united ,states or a member of the ,five ,eyes intelligence-sharing alliance2 and 7ii7 in the case of any election infrastructure which is a voting machine1 ensure that such voting machine is assembled in the ,united ,states4 7,b7 ,the vendor shall disclose to the ,secretary and the ,chair1 and to the chief ,state election official of any ,state to which the vendor provides any goods and services with funds provided under part #g of subtitle ,d of title ,,ii of the ,help ,america ,vote ,act of #bjjb 7as added by this ,act71 of any sourcing outside the ,united ,states for parts of the election infrastructure4 7,c7 ,the vendor shall disclose to the ,secretary and the ,chair1 and to the chief ,state election official of any ,state to which the vendor provides any goods and services with funds provided under such part #g1 the identification of any entity or individual with a more than #e percent ownership interest in the vendor4 7,d7 ,the vendor agrees to ensure that the election infrastructure will be developed and maintained in a manner that is consistent with the cybersecurity best practices issued by the ,cybersecurity and ,infrastructure ,security ,agency of the ,department of ,homeland ,security4 7,e7 ,the vendor agrees to maintain its information technology infrastructure in a manner that is consistent with the cybersecurity best practices issued by the ,cybersecurity and ,infrastructure ,security ,agency of the ,department of ,homeland ,security4 7,f7 ,the vendor agrees to ensure that the election infrastructure will be developed and maintained in a manner that is consistent with the supply chain best practices issued by the ,cybersecurity and ,infrastructure ,security ,agency of the ,department of ,homeland ,security4 7,g7 ,the vendor agrees to ensure that it has personnel policies and practices in place that are consistent with personnel best practices1 including cybersecurity training and background checks1 issued by the ,cybersecurity and ,infrastructure ,security ,agency of the ,department of ,homeland ,security4 7,h7 ,the vendor agrees to ensure that the election infrastructure will be developed and maintained in a manner that is consistent with data integrity best practices1 including requirements for encrypted transfers and validation1 testing and checking printed materials for accuracy1 and disclosure of quality control incidents1 issued by the ,cybersecurity and ,infrastructure ,security ,agency of the ,department of ,homeland ,security4 7,i7 ,the vendor agrees to meet the requirements of paragraph 7#c7 with respect to any known or suspected cybersecurity incidents involving any of the goods and services provided by the vendor pursuant to a grant under part #g of subtitle ,d of title ,,ii of the ,help ,america ,vote ,act of #bjjb 7as added by this ,act74 7,j7 ,the vendor agrees to permit independent security testing by the ,election ,assistance ,commission 7in accordance with section #bca7;a7 of the ,help ,america ,vote ,act of #bjjb 7#eb ,u4,s4,c4 #bjiga77 and by the ,secretary of the goods and services provided by the vendor pursuant to a grant under part #g of subtitle ,d of title ,,ii of the ,help ,america ,vote ,act of #bjjb 7as added by this ,act74 7#c7 ,cybersecurity incident reporting requirements 7,a7 ,in general ,a vendor meets the requirements of this paragraph if1 upon becoming aware of the possibility that an election cybersecurity incident has occurred involving any of the goods and services provided by the vendor pursuant to a grant under part #g of subtitle ,d of title ,,ii of the ,help ,america ,vote ,act of #bjjb 7as added by this ,act7-- 7i7 the vendor promptly assesses whether or not such an incident occurred1 and submits a notification meeting the requirements of subparagraph 7,b7 to the ,secretary and the ,chair of the assessment as soon as practicable 7but in no case later than #c days after the vendor first becomes aware of the possibility that the incident occurred72 7ii7 if the incident involves goods or services provided to an election agency1 the vendor submits a notification meeting the requirements of subparagraph 7,b7 to the agency as soon as practicable 7but in no case later than #c days after the vendor first becomes aware of the possibility that the incident occurred71 and cooperates with the agency in providing any other necessary notifications relating to the incident2 and 7iii7 the vendor provides all necessary updates to any notification submitted under clause 7i7 or clause 7ii74 7,b7 ,contents of notifications ,each notification submitted under clause 7i7 or clause 7ii7 of subparagraph 7,a7 shall contain the following information with respect to any election cybersecurity incident covered by the notification3 7i7 ,the date1 time1 and time zone when the election cybersecurity incident began1 if known4 7ii7 ,the date1 time1 and time zone when the election cybersecurity incident was detected4 7iii7 ,the date1 time1 and duration of the election cybersecurity incident4 7iv7 ,the circumstances of the election cybersecurity incident1 including the specific election infrastructure systems believed to have been accessed and information acquired1 if any4 7v7 ,any planned and implemented technical measures to respond to and recover from the incident4 7vi7 ,in the case of any notification which is an update to a prior notification1 any additional material information relating to the incident1 including technical data1 as it becomes available4 7,c7 ,development of criteria for reporting ,not later than #a year after the date of enactment of this ,act1 the ,director of the ,cybersecurity and ,infrastructure ,security ,agency shall1 in consultation with the ,election ,infrastructure ,sector ,coordinating ,council1 develop criteria for incidents which are required to be reported in accordance with subparagraph 7,a74 7#d7 ,definitions ,in this subsection3 7,a7 ,chair ,the term ,chair means the ,chair of the ,election ,assistance ,commission4 7,b7 ,chief ,state election official ,the term chief ,state election official means1 with respect to a ,state1 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 ,act4 7,c7 ,election agency ,the term election agency means any component of a ,state1 or any component of a unit of local government in a ,state1 which is responsible for the administration of elections for ,federal office in the ,state4 7,d7 ,election infrastructure ,the term election infrastructure means storage facilities1 polling places1 and centralized vote tabulation locations used to support the administration of elections for public office1 as well as related information and communications technology1 including voter registration databases1 voting machines1 electronic mail and other communications systems 7including electronic mail and other systems of vendors who have entered into contracts with election agencies to support the administration of elections1 manage the election process1 and report and display election results71 and other systems used to manage the election process and to report and display election results on behalf of an election agency4 7,e7 ,secretary ,the term ,secretary means the ,secretary of ,homeland ,security4 7,f7 ,state ,the term ,state has the meaning given such term in section #ija of the ,help ,america ,vote ,act of #bjjb 7#eb ,u4,s4,c4 #baada74 ,,ii ,voting ,system ,security #bja4 ,post-election audit requirement 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 ,post-election audits 7a7 ,definitions ,in this section3 7#a7 ,post-election audit ,except as provided in subsection 7c77#a77;,b71 the term post-election 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 post-election audit2 and 7,c7 accounts for all ballots validly cast regardless of how 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 post-election 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 post-election 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 post-election audit as the official results of the election contest4 7#b7 ,audit requirements 7,a7 ,rules and procedures 7i7 ,in general ,not later than #f years after the date of the enactment of this section1 the chief ,state election official of the ,state shall establish rules and procedures for conducting post-election 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 post-election audits4 7,,iv7 ,methods to ensure that any cast vote records used in a post-election 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 post-election audits4 7,b7 ,public report 7i7 ,in general ,after the completion of the post-election audit and at least #e days before the election contest is certified by the ,state1 the ,state shall make public and submit to the ,commission 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 7iv7 ,report made available by ,commission ,after receiving any report submitted under clause 7i71 the ,commission shall make such report available on its website4 7#c7 ,effective date2 waiver 7,a7 ,in general ,except as provided in subparagraphs 7,b7 and 7,c71 each ,state and jurisdiction shall be required to comply with the requirements of this subsection for the first regularly scheduled election for ,federal office occurring in #bjcb and for each subsequent election for ,federal office4 7,b7 ,waiver ,except as provided in subparagraph 7,c71 if a ,state certifies to the ,election ,assistance ,commission not later than the first regularly scheduled election for ,federal office occurring in #bjcb1 that the ,state will not meet the deadline described in subparagraph 7,a7 because it would be impracticable to do so and includes in the certification the reasons for the failure to meet such deadline1 subparagraph 7,a7 of this subsection and subsection 7c77#b77;,a7 shall apply to the ,state as if the reference in such subsections to #bjcb were a reference to #bjcd4 7,c7 ,additional waiver period ,if a ,state certifies to the ,election ,assistance ,commission not later than the first regularly scheduled election for ,federal office occurring in #bjcd1 that the ,state will not meet the deadline described in subparagraph 7,b7 because it would be impracticable to do so and includes in the certification the reasons for the failure to meet such deadline1 subparagraph 7,b7 of this subsection and subsection 7c77#b77;,a7 shall apply to the ,state as if the reference in such subsections to #bjcd were a reference to #bjcf4 7c7 ,phased implementation 7#a7 ,post-election audits 7,a7 ,in general ,for the regularly scheduled elections for ,federal office occurring in #bjbd and #bjbf1 each ,state shall administer a post-election audit of the result of at least one statewide election contest for ,federal office held in the ,state1 or if no such statewide contest is on the ballot1 one election contest for ,federal office chosen at random4 7,b7 ,post-election audit defined ,in this subsection1 the term post-election audit means a post-election process that involves a manual adjudication of voter intent from a sample of ballots validly cast in the election contest4 7#b7 ,post-election audits for select contests ,subject to subparagraphs 7,b7 and 7,c7 of subsection 7b77#c71 for the regularly scheduled elections for ,federal office occurring in #bjbh and for each subsequent election for ,federal office that occurs prior to the first regularly scheduled election for ,federal office occurring in #bjcb1 each ,state shall administer a post-election audit of the result of at least one statewide election contest for ,federal office held in the ,state1 or if no such statewide contest is on the ballot1 one election contest for ,federal office chosen at random4 7#c7 ,states that administer post-election audits for all contests ,a ,state shall be exempt from the requirements of this subsection for any regularly scheduled election for ,federal office in which the ,state meets the requirements of subsection 7b74 4 7b7 ,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 ,post-election audits4 4 7c7 ,study on post-,election audit best practices 7#a7 ,in general ,the ,director of the ,national ,institute of ,standards and ,technology shall establish an advisory committee to study post-election audits and establish best practices for post-election audit methodologies and procedures4 7#b7 ,advisory committee ,the ,director of the ,national ,institute of ,standards and ,technology shall appoint individuals to the advisory committee and secure the representation of-- 7,a7 ,state and local election officials2 7,b7 individuals with experience and expertise in election security2 7,c7 individuals with experience and expertise in post-election audit procedures2 and 7,d7 individuals with experience and expertise in statistical methods4 7#c7 ,authorization of appropriations ,there are authorized to be appropriated such sums as are necessary to carry out the purposes of this subsection4 #bjb4 ,election infrastructure designation ,subparagraph 7,j7 of section #bjja7c7 of the ,homeland ,security ,act of #bjjb 7#f ,u4,s4,c4 #fja7c77 is amended by inserting 1 including election infrastructure before the period at the end4 #bjc4 ,guidelines and certification for electronic poll books and remote ballot marking systems 7a7 ,inclusion under voluntary voting system guidelines ,section #bbb of the ,help ,america ,vote ,act of #bjjb 7#eb ,u4,s4,c4 #bjifb7 is amended-- 7#a7 by redesignating subsections 7a71 7b71 7c71 7d71 and 7e7 as subsections 7b71 7c71 7d71 7e71 and 7f71 respectively2 7#b7 by inserting after the section heading the following3 7a7 ,voluntary voting system guidelines ,the ,commission shall adopt voluntary voting system guidelines that describe functionality1 accessibility1 and security principles for the design1 development1 and operation of voting systems1 electronic poll books1 and remote ballot marking systems4 2 and 7#c7 by adding at the end the following new subsections3 7g7 ,initial guidelines for electronic poll books and remote ballot marking systems 7#a7 ,adoption date ,not later than #a year after the date of the enactment of the ,election ,security ,act of #bjbb1 the ,commission shall adopt initial voluntary voting system guidelines for electronic poll books and remote ballot marking systems4 7#b7 ,special rule for initial guidelines ,the ,commission may adopt initial voluntary voting system guidelines for electronic poll books and remote ballot marking systems without modifying the most recently adopted voluntary voting system guidelines for voting systems4 7h7 ,definitions ,in this section3 7#a7 ,electronic poll book defined ,the term electronic poll book means the total combination of mechanical1 electromechanical1 or electronic equipment 7including the software1 firmware1 and documentation required to program1 control1 and support the equipment7 that is used-- 7,a7 to retain the list of registered voters at a polling location1 or vote center1 or other location at which voters cast votes in an election for ,federal office2 and 7,b7 to identify registered voters who are eligible to vote in an election4 7#b7 ,remote ballot marking system defined ,the term remote ballot marking system means an election system that-- 7,a7 is used by a voter to mark their ballots outside of a voting center or polling place2 and 7,b7 allows a voter to receive a blank ballot to mark electronically1 print1 and then cast by returning the printed ballot to the elections office or other designated location4 4 7b7 ,providing for certification of electronic poll books and remote ballot marking system ,section #bca7;a7 of the ,help ,america ,vote ,act of #bjjb 7#eb ,u4,s4,c4 #bjiga7;a77 is amended1 in each of paragraphs 7#a7 and 7#b71 by inserting 1 electronic poll books1 and remote ballot marking systems after software4 #bjd4 ,pre-election reports on voting system usage 7a7 ,requiring ,states ,to submit reports ,title ,,iii of the ,help ,america ,vote ,act of #bjjb 7#eb ,u4,s4,c4 #bajha et seq47 is amended by inserting after section #cja the following new section3 #cja;,a4 ,pre-election reports on voting system usage 7a7 ,requiring ,states ,to submit reports ,not later than #abj days before the date of each regularly scheduled general election for ,federal office1 the chief ,state election official of a ,state shall submit a report to the ,commission containing a detailed voting system usage plan for each jurisdiction in the ,state which will administer the election1 including a detailed plan for the usage of electronic poll books and other equipment and components of such system4 ,if a jurisdiction acquires and implements a new voting system within the #abj days before the date of the election1 it shall notify the chief ,state election official of the ,state1 who shall submit to the ,commission in a timely manner an updated report under the preceding sentence4 7b7 ,effective date ,subsection 7a7 shall apply with respect to the regularly scheduled general election for ,federal office held in ,november #bjbd and each succeeding regularly scheduled general election for ,federal office 4 7b7 ,clerical amendment ,the table of contents of such ,act is amended by inserting after the item relating to section #cja the following new item3 ,sec4 #cja;,a4 ,pre-election reports on voting system usage4 4 #bje4 ,use of voting machines manufactured in the ,united ,states 7a7 ,requirement ,section #cja7;a7 of the ,help ,america ,vote ,act of #bjjb 7#eb ,u4,s4,c4 #bajha7;a771 as amended by section #ajd and section #ajf1 is further amended by adding at the end the following new paragraph3 7#aj7 ,voting machine requirements 7,a7 ,manufacturing requirements ,by not later than the date of the regularly scheduled general election for ,federal office occurring in ,november #bjbd1 each ,state shall seek to ensure to the extent practicable that any voting machine used in such election and in any subsequent election for ,federal office is manufactured in the ,united ,states4 7,b7 ,assembly requirements ,by not later than the date of the regularly scheduled general election for ,federal office occurring in ,november #bjbd1 each ,state shall seek to ensure that any voting machine purchased or acquired for such election and in any subsequent election for ,federal office is assembled in the ,united ,states4 7,c7 ,software and code requirements ,by not later than the date of the regularly scheduled general election for ,federal office occurring in ,november #bjbd1 each ,state shall seek to ensure that any software or code developed for any voting system purchased or acquired for such election and in any subsequent election for ,federal office is developed and stored in the ,united ,states4 4 7b7 ,conforming amendment relating to effective date ,section #cja7;d77#a7 of such ,act 7#eb ,u4,s4,c4 #bajha7;d77#a771 as amended by section #ajg1 is amended by striking paragraph 7#b7 and inserting subsection 7a77#aj7 and paragraph 7#b74