To require the Election Assistance Commission to establish an American Democracy Index to measure and improve the quality of voter access to polls and voter services in Federal elections.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``American Democracy Index Act of 
2009''.

SEC. 2. ESTABLISHMENT OF AMERICAN DEMOCRACY INDEX AND RELATED ELECTION 
              DATA COLLECTION.

    (a) In General.--Subtitle C of title II of the Help America Vote 
Act of 2002 (42 U.S.C. 15381 et seq.) is amended by adding at the end 
the following:

``SEC. 248. ESTABLISHMENT OF AMERICAN DEMOCRACY INDEX AND RELATED 
              ELECTION DATA COLLECTION.

    ``(a) In General.--The Commission, in consultation with the Board 
and in accordance with this section, shall--
            ``(1) develop an American Democracy Index for the 
        evaluation of elections for Federal office occurring in 2010 
        and thereafter;
            ``(2) establish and operate a data collection system in 
        order to collect and measure election data described in 
        subsection (c) to be used in preparing the American Democracy 
        Index; and
            ``(3) make the American Democracy Index with respect to 
        each election for Federal office generally available to the 
        public, including through the Internet.
    ``(b) American Democracy Index.--The American Democracy Index is an 
index that is designed to assist States in the administration of 
elections for Federal office by presenting the information collected 
under the system established under subsection (a)(2) on a State-by-
State basis in a manner designed to demonstrate administration 
practices that--
            ``(1) ensure the right of individuals to vote;
            ``(2) improve the quality of voter access to polls and the 
        quality of voter services; and
            ``(3) secure the accuracy and integrity of elections.
    ``(c) Collection of Data.--
            ``(1) Data to be collected.--The Commission shall, in 
        consultation with the Board, determine the data that is 
        required to be collected under this section in order to analyze 
        the effectiveness of the State administration of elections for 
        Federal office, including data required for developing or 
        refining the American Democracy Index.
            ``(2) Data submission.--
                    ``(A) States required to provide data.--Each State 
                shall submit to any grantee under subsection (e) the 
                information described in paragraph (1) in support of 
                the American Democracy Index.
                    ``(B) Data submission regulations.--Within 60 days 
                after the first meeting of the Board under subsection 
                (d)(2)(B)(i), the Commission shall promulgate 
                regulations for--
                            ``(i) the enforcement of the data 
                        submission mandate under subparagraph (A); and
                            ``(ii) the standardization of election data 
                        described in paragraph (1).
                    ``(C) Statistical analysis.--The Commission may, in 
                coordination with a State, select precincts within the 
                State on a sample basis from which to draw the 
                information described in paragraph (1) in order to form 
                statistical conclusions with respect to election 
                administration in that State. In forming such 
                statistical conclusions, the Office may append the 
                information collected from the samples to other 
                information provided by the State that was collected 
                with respect to elections for Federal office in that 
                State.
                    ``(D) Payments to states.--In accordance with such 
                regulations as the Commission may promulgate, the 
                Commission shall make payments to States to assist the 
                States in meeting the data submission requirements of 
                this paragraph.
                    ``(E) Rulemaking authority of commission.--Section 
                209 shall not apply with respect to any regulations 
                promulgated by the Commission pursuant to the authority 
                of this paragraph.
    ``(d) Independent Board of Advisors.--
            ``(1) In general.--There is hereby established an 
        independent Board of Advisors (in this section referred to as 
        the `Board') that the Commission shall consult in developing 
        and refining the American Democracy Index and the data to be 
        collected under subsection (c).
            ``(2) Independent board of advisors.--
                    ``(A) Establishment.--The Board--
                            ``(i) shall be composed of 8 members from 
                        individuals from the academic, nonprofit, and 
                        election administration communities, of whom--
                                    ``(I) 4 shall be selected by the 
                                Committee on Rules and Administration 
                                of the Senate, in consultation with the 
                                majority and minority leader of the 
                                Senate; and
                                    ``(II) 4 shall be selected by the 
                                Committee on House Administration of 
                                the House of Representatives, in 
                                consultation with the Speaker and 
                                minority leader of the House of 
                                Representatives; and
                            ``(ii) shall be headed by a President 
                        elected by the members of the Board.
                    ``(B) Duties.--The Board shall--
                            ``(i) meet at least twice a year, and at 
                        such other times as are specified by the 
                        President of the Board; and
                            ``(ii) consult with the Commission as 
                        provided by this section, including making 
                        periodic recommendations to the Commission on 
                        the type of election data to be collected from 
                        States, the method of data collection, the 
                        enforcement mechanism for the collection of 
                        election data, the administration of elections 
                        in general, and other relevant issues as the 
                        Board sees appropriate.
    ``(e) Establishment and Operation of Index and Data Collection 
System.--
            ``(1) Pilot program.--The Commission shall conduct a pilot 
        program for elections for Federal office occurring in 2010 
        under which the Commission shall make a grant to 1 or more 
        eligible entities to--
                    ``(A) to collect election data described in 
                subsection (c) in not more than 5 States selected by 
                the Board; and
                    ``(B) to develop, refine, and publish data 
                collection results for each of the States selected 
                under subparagraph (A), including a comparison of 
                localities in each State based on the data collected.
            ``(2) Initial index for 2012 elections.--Based on the pilot 
        project conducted under paragraph (1), the Commission shall 
        make a grant to 1 or more eligible entities to--
                    ``(A) collect election data described in subsection 
                (c) in all States with respect to elections for Federal 
                office occurring in 2012; and
                    ``(B) prepare and publish the first American 
                Democracy Index.
            ``(3) Future elections.--The Commission shall collect data, 
        and prepare and publish an American Democracy Index, for each 
        Presidential election cycle beginning on or after January 1, 
        2012, with respect to elections for Federal office occurring 
        during the Presidential election cycle. In carrying out such 
        duties, the Commission shall--
                    ``(A) modify the data to be collected and the index 
                in accordance with the provisions of this section; and
                    ``(B) contract with 1 or more eligible entities to 
                carry out all or a portion of such duties.
    ``(f) Reports.--Not later than 9 months after the end of the 
election cycle for the election for Federal office occurring in 2012 
and the end of each Presidential election cycle beginning on or after 
January 1, 2012, the Commission shall submit a report to Congress and 
to the chief State elections officials of each State that includes the 
election data collected under this section, together with any 
recommendations for--
            ``(1) improving the types of election data that are 
        collected and included in the American Democracy Index 
        published under this section; and
            ``(2) legislation or administrative action to improve State 
        performance in the administration of elections for Federal 
        office (as determined based on a State-by-State comparison of 
        such election data).
    ``(g) Definitions.--In this section:
            ``(1) Elections for federal office.--The term `elections 
        for Federal office' means general elections only for Federal 
        office.
            ``(2) Eligible entity.--The term `eligible entity' means 
        any nonprofit organization or other organization deemed 
        appropriate by the Commission.
            ``(3) Presidential election cycle.--The term `Presidential 
        election cycle' means the 4-year period beginning with January 
        of the year following an election for the office of President 
        of the United States.
            ``(4) State.--The term `State' means each of the 50 States 
        and the District of Columbia.
    ``(h) Authorization of Appropriations.--
            ``(1) In general.--There are authorized to be appropriated 
        to the Commission such sums as may be necessary to carry out 
        the provisions of this section.
            ``(2) Data submission.--There is authorized to be 
        appropriated $18,000,000 for each of fiscal years 2011 through 
        2016 to assist the States in complying with the data submission 
        requirements of subsection (c)(2)(A).''.
    (b) Conforming Amendment.--The table of contents of the Help 
America Vote Act of 2002 is amended by inserting after the item 
relating to section 247 the following:

``Sec 248. Establishment of American Democracy Index and related 
                            election data collection.''.

Summary: American Democracy Index Act of 2009 - Amends the Help America Vote Act of 2002 to require the Election Assistance Commission (EAC) to: (1) develop an American Democracy Index (ADI) to evaluate elections for federal office. (2) establish and operate a system to collect and measure election data for use in preparing the ADI. And (3) make the ADI with respect to each federal election available to the public, including through the Internet. Describes the ADI as an index designed to assist states in the administration of federal elections by presenting collected information on a state-by-state basis in a manner designed to demonstrate administration practices that: (1) ensure the right of individuals to vote. (2) improve the quality of voter access to polls and the quality of voter services. And (3) secure the accuracy and integrity of elections. Establishes an independent Board of Advisors the EAC shall consult in developing and refining the ADI and the data to be collected. Directs the EAC to: (1) conduct a pilot program for the 2010 federal elections under which it shall make one or more grants for election data collection in up to five states. And (2) based on such pilot program make one or more grants to collect 2012 federal election data in all states and prepare and publish the first ADI.