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107TH CONGRESS REPORT " HOUSE OF REPRESENTATIVES ! 2d Session 107–730

HELP AMERICA VOTE ACT OF 2002

OCTOBER 8, 2002.—Ordered to be printed 

Mr. NEY, from the committee of conference, 

submitted the following 

CONFERENCE REPORT 

[To accompany H.R. 3295] 

The committee of conference on the disagreeing votes of the 

two Houses on the amendments of the Senate to the bill (H.R. 

3295), to establish a program to provide funds to States to replace 

punch card voting systems, to establish the Election Assistance 

Commission to assist in the administration of Federal elections and 

to otherwise provide assistance with the administration of certain 

Federal election laws and programs, to establish minimum election 

administration standards for States and units of local government 

with responsibility for the administration of Federal elections, and 

for other purposes, having met, after full and free conference, have 

agreed to recommend and do recommend to their respective Houses 

as follows: 

That the House recede from its disagreement to the amendment of the Senate to the text of the bill and agree to the same 

with an amendment as follows: 

In lieu of the matter proposed to be inserted by the Senate 

amendment, insert the following:

SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

(a) SHORT TITLE.—This Act may be cited as the ‘‘Help America 

Vote Act of 2002’’. 

(b) TABLE OF CONTENTS.—The table of contents of this Act is 

as follows:

Sec. 1. Short title; table of contents. 

TITLE I—PAYMENTS TO STATES FOR ELECTION ADMINISTRATION IMPROVEMENTS AND REPLACEMENT OF PUNCH CARD AND LEVER VOTING 

MACHINES 

Sec. 101. Payments to States for activities to improve administration of elections. 

Sec. 102. Replacement of punch card or lever voting machines. 

Sec. 103. Guaranteed minimum payment amount. 

Sec. 104. Authorization of appropriations. 

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Sec. 105. Administration of programs. 

Sec. 106. Effective date. 

TITLE II—COMMISSION 

Subtitle A—Establishment and General Organization 

PART 1—ELECTION ASSISTANCE COMMISSION

Sec. 201. Establishment. 

Sec. 202. Duties. 

Sec. 203. Membership and appointment. 

Sec. 204. Staff. 

Sec. 205. Powers. 

Sec. 206. Dissemination of information. 

Sec. 207. Annual report. 

Sec. 208. Requiring majority approval for actions. 

Sec. 209. Limitation on rulemaking authority. 

Sec. 210. Authorization of appropriations. 

PART 2—ELECTION ASSISTANCE COMMISSION STANDARDS BOARD AND BOARD OF

ADVISORS

Sec. 211. Establishment. 

Sec. 212. Duties. 

Sec. 213. Membership of Standards Board. 

Sec. 214. Membership of Board of Advisors. 

Sec. 215. Powers of Boards; no compensation for service. 

Sec. 216. Status of Boards and members for purposes of claims against Board. 

PART 3—TECHNICAL GUIDELINES DEVELOPMENT COMMITTEE

Sec. 221. Technical Guidelines Development Committee. 

Sec. 222. Process for adoption. 

Subtitle B—Testing, Certification, Decertification, and Recertification of Voting 

System Hardware and Software 

Sec. 231. Certification and testing of voting systems. 

Subtitle C—Studies and Other Activities To Promote Effective Administration of 

Federal Elections 

Sec. 241. Periodic studies of election administration issues. 

Sec. 242. Study, report, and recommendations on best practices for facilitating military and overseas voting. 

Sec. 243. Report on human factor research. 

Sec. 244. Study and report on voters who register by mail and use of social security 

information. 

Sec. 245. Study and report on electronic voting and the electoral process. 

Sec. 246. Study and report on free absentee ballot postage. 

Sec. 247. Consultation with Standards Board and Board of Advisors. 

Subtitle D—Election Assistance 

PART 1—REQUIREMENTS PAYMENTS

Sec. 251. Requirements payments. 

Sec. 252. Allocation of funds. 

Sec. 253. Condition for receipt of funds. 

Sec. 254. State plan. 

Sec. 255. Process for development and filing of plan; publication by Commission. 

Sec. 256. Requirement for public notice and comment. 

Sec. 257. Authorization of appropriations. 

Sec. 258. Reports. 

PART 2—PAYMENTS TO STATES AND UNITS OF LOCAL GOVERNMENT TO ASSURE

ACCESS FOR INDIVIDUALS WITH DISABILITIES

Sec. 261. Payments to States and units of local government to assure access for individuals with disabilities. 

Sec. 262. Amount of payment. 

Sec. 263. Requirements for eligibility. 

Sec. 264. Authorization of appropriations. 

Sec. 265. Reports. 

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PART 3—GRANTS FOR RESEARCH ON VOTING TECHNOLOGY IMPROVEMENTS

Sec. 271. Grants for research on voting technology improvements. 

Sec. 272. Report. 

Sec. 273. Authorization of appropriations. 

PART 4—PILOT PROGRAM FOR TESTING OF EQUIPMENT AND TECHNOLOGY

Sec. 281. Pilot program. 

Sec. 282. Report. 

Sec. 283. Authorization of appropriations. 

PART 5—PROTECTION AND ADVOCACY SYSTEMS

Sec. 291. Payments for protection and advocacy systems. 

Sec. 292. Authorization of appropriations.

PART 6—NATIONAL STUDENT AND PARENT MOCK ELECTION

Sec. 295. National Student and Parent Mock Election. 

Sec. 296. Authorization of appropriations. 

TITLE III—UNIFORM AND NONDISCRIMINATORY ELECTION TECHNOLOGY 

AND ADMINISTRATION REQUIREMENTS 

Subtitle A—Requirements 

Sec. 301. Voting systems standards. 

Sec. 302. Provisional voting and voting information requirements. 

Sec. 303. Computerized statewide voter registration list requirements and requirements for voters who register by mail. 

Sec. 304. Minimum requirements. 

Sec. 305. Methods of implementation left to discretion of State. 

Subtitle B—Voluntary Guidance 

Sec. 311. Adoption of voluntary guidance by Commission. 

Sec. 312. Process for adoption. 

TITLE IV—ENFORCEMENT 

Sec. 401. Actions by the Attorney General for declaratory and injunctive relief. 

Sec. 402. Establishment of State-based administrative complaint procedures to remedy grievances. 

TITLE V—HELP AMERICA VOTE COLLEGE PROGRAM 

Sec. 501. Establishment of program. 

Sec. 502. Activities under program. 

Sec. 503. Authorization of appropriations. 

TITLE VI—HELP AMERICA VOTE FOUNDATION 

Sec. 601. Help America Vote Foundation. 

TITLE VII—VOTING RIGHTS OF MILITARY MEMBERS AND OVERSEAS 

CITIZENS 

Sec. 701. Voting assistance programs. 

Sec. 702. Designation of single State office to provide information on registration 

and absentee ballots for all voters in State. 

Sec. 703. Report on absentee ballots transmitted and received after general elections. 

Sec. 704. Extension of period covered by single absentee ballot application. 

Sec. 705. Additional duties of Presidential designee under Uniformed and Overseas 

Citizens Absentee Voting Act. 

Sec. 706. Prohibition of refusal of voter registration and absentee ballot applications 

on grounds of early submission. 

Sec. 707. Other requirements to promote participation of overseas and absent uniformed services voters. 

TITLE VIII—TRANSITION PROVISIONS 

Subtitle A—Transfer to Commission of Functions Under Certain Laws 

Sec. 801. Federal Election Campaign Act of 1971. 

Sec. 802. National Voter Registration Act of 1993. 

Sec. 803. Transfer of property, records, and personnel. 

Sec. 804. Effective date; transition. 

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Subtitle B—Coverage of Commission Under Certain Laws and Programs 

Sec. 811. Treatment of Commission personnel under certain civil service laws. 

Sec. 812. Coverage under Inspector General Act of 1978. 

TITLE IX—MISCELLANEOUS PROVISIONS 

Sec. 901. State defined. 

Sec. 902. Audits and repayment of funds. 

Sec. 903. Clarification of ability of election officials to remove registrants from official list of voters on grounds of change of residence. 

Sec. 904. Review and report on adequacy of existing electoral fraud statutes and 

penalties. 

Sec. 905. Other criminal penalties. 

Sec. 906. No effect on other laws.

TITLE I—PAYMENTS TO STATES FOR 

ELECTION ADMINISTRATION IMPROVEMENTS AND REPLACEMENT OF 

PUNCH CARD AND LEVER VOTING MACHINES 

SEC. 101. PAYMENTS TO STATES FOR ACTIVITIES TO IMPROVE ADMINISTRATION OF ELECTIONS. 

(a) IN GENERAL.—Not later than 45 days after the date of the 

enactment of this Act, the Administrator of General Services (in this 

title referred to as the ‘‘Administrator’’) shall establish a program 

under which the Administrator shall make a payment to each State 

in which the chief executive officer of the State, or designee, in consultation and coordination with the chief State election official, notifies the Administrator not later than 6 months after the date of the 

enactment of this Act that the State intends to use the payment in 

accordance with this section. 

(b) USE OF PAYMENT.—

(1) IN GENERAL.—A State shall use the funds provided 

under a payment made under this section to carry out 1 or more 

of the following activities: 

(A) Complying with the requirements under title III. 

(B) Improving the administration of elections for Federal office. 

(C) Educating voters concerning voting procedures, voting rights, and voting technology. 

(D) Training election officials, poll workers, and election volunteers. 

(E) Developing the State plan for requirements payments to be submitted under part 1 of subtitle D of title II. 

(F) Improving, acquiring, leasing, modifying, or replacing voting systems and technology and methods for casting 

and counting votes. 

(G) Improving the accessibility and quantity of polling 

places, including providing physical access for individuals 

with disabilities, providing nonvisual access for individuals with visual impairments, and providing assistance to 

Native Americans, Alaska Native citizens, and to individuals with limited proficiency in the English language. 

(H) Establishing toll-free telephone hotlines that voters 

may use to report possible voting fraud and voting rights 

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violations, to obtain general election information, and to access detailed automated information on their own voter registration status, specific polling place locations, and other 

relevant information. 

(2) LIMITATION.—A State may not use the funds provided 

under a payment made under this section— (A) to pay costs associated with any litigation, except to 

the extent that such costs otherwise constitute permitted 

uses of a payment under this section; or 

(B) for the payment of any judgment. 

(c) USE OF FUNDS TO BE CONSISTENT WITH OTHER LAWS AND

REQUIREMENTS.—In order to receive a payment under the program 

under this section, the State shall provide the Administrator with 

certifications that— (1) the State will use the funds provided under the payment 

in a manner that is consistent with each of the laws described 

in section 906, as such laws relate to the provisions of this Act; 

and 

(2) the proposed uses of the funds are not inconsistent with 

the requirements of title III. 

(d) AMOUNT OF PAYMENT.—

(1) IN GENERAL.—Subject to section 103(b), the amount of 

payment made to a State under this section shall be the minimum payment amount described in paragraph (2) plus the voting age population proportion amount described in paragraph 

(3). 

(2) MINIMUM PAYMENT AMOUNT.—The minimum payment 

amount described in this paragraph is—

(A) in the case of any of the several States or the District of Columbia, 1⁄2 of 1 percent of the aggregate amount 

made available for payments under this section; and 

(B) in the case of the Commonwealth of Puerto Rico, 

Guam, American Samoa, or the United States Virgin Islands, 1⁄10 of 1 percent of such aggregate amount. 

(3) VOTING AGE POPULATION PROPORTION AMOUNT.—The 

voting age population proportion amount described in this 

paragraph is the product of—

(A) the aggregate amount made available for payments 

under this section minus the total of all of the minimum 

payment amounts determined under paragraph (2); and 

(B) the voting age population proportion for the State 

(as defined in paragraph (4)). 

(4) VOTING AGE POPULATION PROPORTION DEFINED.—The 

term ‘‘voting age population proportion’’ means, with respect to 

a State, the amount equal to the quotient of—

(A) the voting age population of the State (as reported 

in the most recent decennial census); and 

(B) the total voting age population of all States (as reported in the most recent decennial census). 

SEC. 102. REPLACEMENT OF PUNCH CARD OR LEVER VOTING MACHINES. 

(a) ESTABLISHMENT OF PROGRAM.—

(1) IN GENERAL.—Not later than 45 days after the date of 

the enactment of this Act, the Administrator shall establish a 

program under which the Administrator shall make a payment 

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to each State eligible under subsection (b) in which a precinct 

within that State used a punch card voting system or a lever 

voting system to administer the regularly scheduled general 

election for Federal office held in November 2000 (in this section referred to as a ‘‘qualifying precinct’’). 

(2) USE OF FUNDS.—A State shall use the funds provided 

under a payment under this section (either directly or as reimbursement, including as reimbursement for costs incurred on or 

after January 1, 2001, under multiyear contracts) to replace 

punch card voting systems or lever voting systems (as the case 

may be) in qualifying precincts within that State with a voting 

system (by purchase, lease, or such other arrangement as may 

be appropriate) that—

(A) does not use punch cards or levers; 

(B) is not inconsistent with the requirements of the 

laws described in section 906; and 

(C) meets the requirements of section 301. 

(3) DEADLINE.—

(A) IN GENERAL.—Except as provided in subparagraph 

(B), a State receiving a payment under the program under 

this section shall ensure that all of the punch card voting 

systems or lever voting systems in the qualifying precincts 

within that State have been replaced in time for the regularly scheduled general election for Federal office to be held 

in November 2004. 

(B) WAIVER.—If a State certifies to the Administrator 

not later than January 1, 2004, that the State will not meet 

the deadline described in subparagraph (A) for good cause 

and includes in the certification the reasons for the failure 

to meet such deadline, the State shall ensure that all of the 

punch card voting systems or lever voting systems in the 

qualifying precincts within that State will be replaced in 

time for the first election for Federal office held after January 1, 2006. 

(b) ELIGIBILITY.—

(1) IN GENERAL.—A State is eligible to receive a payment 

under the program under this section if it submits to the Administrator a notice not later than the date that is 6 months 

after the date of the enactment of this Act (in such form as the 

Administrator may require) that contains—

(A) certifications that the State will use the payment 

(either directly or as reimbursement, including as reimbursement for costs incurred on or after January 1, 2001, 

under multiyear contracts) to replace punch card voting 

systems or lever voting systems (as the case may be) in the 

qualifying precincts within the State by the deadline described in subsection (a)(3); 

(B) certifications that the State will continue to comply 

with the laws described in section 906; 

(C) certifications that the replacement voting systems 

will meet the requirements of section 301; and 

(D) such other information and certifications as the 

Administrator may require which are necessary for the administration of the program. 

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(2) 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 subsection, 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 enacted. 

(c) AMOUNT OF PAYMENT.— (1) IN GENERAL.—Subject to paragraph (2) and section 

103(b), the amount of payment made to a State under the program under this section shall be equal to the product of— (A) the number of the qualifying precincts within the 

State; and 

(B) $4,000. 

(2) REDUCTION.—If the amount of funds appropriated pursuant to the authority of section 104(a)(2) is insufficient to ensure that each State receives the amount of payment calculated 

under paragraph (1), the Administrator shall reduce the 

amount specified in paragraph (1)(B) to ensure that the entire 

amount appropriated under such section is distributed to the 

States. 

(d) REPAYMENT OF FUNDS FOR FAILURE TO MEET DEADLINES.— (1) IN GENERAL.—If a State receiving funds under the program under this section fails to meet the deadline applicable to 

the State under subsection (a)(3), the State shall pay to the Administrator an amount equal to the noncompliant precinct percentage of the amount of the funds provided to the State under 

the program. 

(2) NONCOMPLIANT PRECINCT PERCENTAGE DEFINED.—In 

this subsection, the term ‘‘noncompliant precinct percentage’’ means, with respect to a State, the amount (expressed as a percentage) equal to the quotient of— (A) the number of qualifying precincts within the State 

for which the State failed to meet the applicable deadline; 

and 

(B) the total number of qualifying precincts in the 

State. 

(e) PUNCH CARD VOTING SYSTEM DEFINED.—For purposes of 

this section, a ‘‘punch card voting system’’ includes any of the following voting systems: 

(1) C.E.S. 

(2) Datavote. 

(3) PBC Counter. 

(4) Pollstar. 

(5) Punch Card. 

(6) Vote Recorder. 

(7) Votomatic.

SEC. 103. GUARANTEED MINIMUM PAYMENT AMOUNT. 

(a) IN GENERAL.—In addition to any other payments made 

under this title, the Administrator shall make a payment to each 

State to which a payment is made under either section 101 or 102 

and with respect to which the aggregate amount paid under such 

sections is less than $5,000,000 in an amount equal to the difference 

between the aggregate amount paid to the State under sections 101 

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and 102 and $5,000,000. In the case of the Commonwealth of Puerto 

Rico, Guam, American Samoa, and the United States Virgin Islands, the previous sentence shall be applied as if each reference to 

‘‘$5,000,000’’ were a reference to ‘‘$1,000,000’’. (b) PRO RATA REDUCTIONS.—The Administrator shall make 

such pro rata reductions to the amounts described in sections 101(d) 

and 102(c) as are necessary to comply with the requirements of subsection (a). 

SEC. 104. AUTHORIZATION OF APPROPRIATIONS. 

(a) IN GENERAL.—There are authorized to be appropriated for 

payments under this title $650,000,000, of which—

(1) 50 percent shall be for payments under section 101; and 

(2) 50 percent shall be for payments under section 102. 

(b) CONTINUING AVAILABILITY OF FUNDS AFTER APPROPRIATION.—Any payment made to a State under this title shall be available to the State without fiscal year limitation (subject to subsection 

(c)(2)(B)). 

(c) USE OF RETURNED FUNDS AND FUNDS REMAINING UNEXPENDED FOR REQUIREMENTS PAYMENTS.—

(1) IN GENERAL.—The amounts described in paragraph (2) 

shall be transferred to the Election Assistance Commission (established under title II) and used by the Commission to make 

requirements payments under part 1 of subtitle D of title II. 

(2) AMOUNTS DESCRIBED.—The amounts referred to in this 

paragraph are as follows: 

(A) Any amounts paid to the Administrator by a State 

under section 102(d)(1). 

(B) Any amounts appropriated for payments under this 

title which remain unobligated as of September 1, 2003. 

(d) DEPOSIT OF AMOUNTS IN STATE ELECTION FUND.—When a 

State has established an election fund described in section 254(b), 

the State shall ensure that any funds provided to the State under 

this title are deposited and maintained in such fund. 

(e) AUTHORIZATION OF APPROPRIATIONS FOR ADMINISTRATOR.—

In addition to the amounts authorized under subsection (a), there 

are authorized to be appropriated to the Administrator such sums 

as may be necessary to administer the programs under this title. 

SEC. 105. ADMINISTRATION OF PROGRAMS. 

In administering the programs under this title, the Administrator shall take such actions as the Administrator considers appropriate to expedite the payment of funds to States. 

SEC. 106. EFFECTIVE DATE. 

The Administrator shall implement the programs established 

under this title in a manner that ensures that the Administrator is 

able to make payments under the program not later than the expiration of the 45-day period which begins on the date of the enactment 

of this Act.

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TITLE II—COMMISSION 

Subtitle A—Establishment and General 

Organization 

PART 1—ELECTION ASSISTANCE COMMISSION 

SEC. 201. ESTABLISHMENT. 

There is hereby established as an independent entity the Election Assistance Commission (hereafter in this title referred to as the 

‘‘Commission’’), consisting of the members appointed under this 

part. Additionally, there is established the Election Assistance Commission Standards Board (including the Executive Board of such 

Board) and the Election Assistance Commission Board of Advisors 

under part 2 (hereafter in this part referred to as the ‘‘Standards 

Board’’ and the ‘‘Board of Advisors’’, respectively) and the Technical 

Guidelines Development Committee under part 3. 

SEC. 202. DUTIES. 

The Commission shall serve as a national clearinghouse and resource for the compilation of information and review of procedures 

with respect to the administration of Federal elections by—

(1) carrying out the duties described in part 3 (relating to 

the adoption of voluntary voting system guidelines), including 

the maintenance of a clearinghouse of information on the experiences of State and local governments in implementing the 

guidelines and in operating voting systems in general; 

(2) carrying out the duties described in subtitle B (relating 

to the testing, certification, decertification, and recertification of 

voting system hardware and software); 

(3) carrying out the duties described in subtitle C (relating 

to conducting studies and carrying out other activities to promote the effective administration of Federal elections);

(4) carrying out the duties described in subtitle D (relating 

to election assistance), and providing information and training 

on the management of the payments and grants provided under 

such subtitle; 

(5) carrying out the duties described in subtitle B of title III 

(relating to the adoption of voluntary guidance); and 

(6) developing and carrying out the Help America Vote College Program under title V. 

SEC. 203. MEMBERSHIP AND APPOINTMENT. 

(a) MEMBERSHIP.—

(1) IN GENERAL.—The Commission shall have 4 members 

appointed by the President, by and with the advice and consent 

of the Senate. 

(2) RECOMMENDATIONS.—Before the initial appointment of 

the members of the Commission and before the appointment of 

any individual to fill a vacancy on the Commission, the Majority Leader of the Senate, the Speaker of the House of Representatives, the Minority Leader of the Senate, and the Minority 

Leader of the House of Representatives shall each submit to the 

President a candidate recommendation with respect to each vaVerDate 0ct 02 2002 16:46 Oct 09, 2002 Jkt 019006 PO 00000 Frm 00009 Fmt 6659 Sfmt 6603 E:\HR\OC\HR730.XXX HR730
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cancy on the Commission affiliated with the political party of 

the Member of Congress involved. 

(3) QUALIFICATIONS.—Each member of the Commission 

shall have experience with or expertise in election administration or the study of elections. 

(4) DATE OF APPOINTMENT.—The appointments of the members of the Commission shall be made not later than 120 days 

after the date of the enactment of this Act. 

(b) TERM OF SERVICE.—

(1) IN GENERAL.—Except as provided in paragraphs (2) and 

(3), members shall serve for a term of 4 years and may be reappointed for not more than 1 additional term. 

(2) TERMS OF INITIAL APPOINTEES.—As designated by the 

President at the time of nomination, of the members first appointed—

(A) 2 of the members (not more than 1 of whom may 

be affiliated with the same political party) shall be appointed for a term of 2 years; and 

(B) 2 of the members (not more than 1 of whom may 

be affiliated with the same political party) shall be appointed for a term of 4 years. 

(3) VACANCIES.—

(A) IN GENERAL.—A vacancy on the Commission shall 

be filled in the manner in which the original appointment 

was made and shall be subject to any conditions which applied with respect to the original appointment. 

(B) EXPIRED TERMS.—A member of the Commission 

shall serve on the Commission after the expiration of the 

member’s term until the successor of such member has 

taken office as a member of the Commission. 

(C) UNEXPIRED TERMS.—An individual appointed to 

fill a vacancy shall be appointed for the unexpired term of 

the member replaced. 

(c) CHAIR AND VICE CHAIR.—

(1) IN GENERAL.—The Commission shall select a chair and 

vice chair from among its members for a term of 1 year, except 

that the chair and vice chair may not be affiliated with the 

same political party. 

(2) NUMBER OF TERMS.—A member of the Commission may 

serve as the chairperson and vice chairperson for only 1 term 

each during the term of office to which such member is appointed. 

(d) COMPENSATION.—

(1) IN GENERAL.—Each member of the Commission shall be 

compensated at the annual rate of basic pay prescribed for level 

IV of the Executive Schedule under section 5315 of title 5, 

United States Code. 

(2) OTHER ACTIVITIES.—No member appointed to the Commission under subsection (a) may engage in any other business, 

vocation, or employment while serving as a member of the Commission and shall terminate or liquidate such business, vocation, or employment before sitting as a member of the Commission. 

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SEC. 204. STAFF. 

(a) EXECUTIVE DIRECTOR, GENERAL COUNSEL, AND OTHER

STAFF.—

(1) EXECUTIVE DIRECTOR.—The Commission shall have an 

Executive Director, who shall be paid at a rate not to exceed the 

rate of basic pay for level V of the Executive Schedule under 

section 5316 of title 5, United States Code. 

(2) TERM OF SERVICE FOR EXECUTIVE DIRECTOR.—The Executive Director shall serve for a term of 4 years. An Executive Director may serve for a longer period only if reappointed for an 

additional term or terms by a vote of the Commission. 

(3) PROCEDURE FOR APPOINTMENT.—

(A) IN GENERAL.—When a vacancy exists in the position of the Executive Director, the Standards Board and the 

Board of Advisors shall each appoint a search committee to 

recommend at least 3 nominees for the position. 

(B) REQUIRING CONSIDERATION OF NOMINEES.—Except 

as provided in subparagraph (C), the Commission shall 

consider the nominees recommended by the Standards 

Board and the Board of Advisors in appointing the Executive Director. 

(C) INTERIM SERVICE OF GENERAL COUNSEL.—If a vacancy exists in the position of the Executive Director, the 

General Counsel of the Commission shall serve as the acting Executive Director until the Commission appoints a 

new Executive Director in accordance with this paragraph. 

(D) SPECIAL RULES FOR INTERIM EXECUTIVE DIRECTOR.—

(i) CONVENING OF SEARCH COMMITTEES.—The 

Standards Board and the Board of Advisors shall each 

appoint a search committee and recommend nominees 

for the position of Executive Director in accordance 

with subparagraph (A) as soon as practicable after the 

appointment of their members. 

(ii) INTERIM INITIAL APPOINTMENT.—Notwithstanding subparagraph (B), the Commission may appoint an individual to serve as an interim Executive 

Director prior to the recommendation of nominees for 

the position by the Standards Board or the Board of 

Advisors, except that such individual’s term of service 

may not exceed 6 months. Nothing in the previous sentence may be construed to prohibit the individual serving as the interim Executive Director from serving any 

additional term. 

(4) GENERAL COUNSEL.—The Commission shall have a 

General Counsel, who shall be appointed by the Commission 

and who shall serve under the Executive Director. The General 

Counsel shall serve for a term of 4 years, and may serve for a 

longer period only if reappointed for an additional term or 

terms by a vote of the Commission. 

(5) OTHER STAFF.—Subject to rules prescribed by the Commission, the Executive Director may appoint and fix the pay of 

such additional personnel as the Executive Director considers 

appropriate. 

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(6) APPLICABILITY OF CERTAIN CIVIL SERVICE LAWS.—The 

Executive Director, General Counsel, and staff of the Commission may be appointed without regard to the provisions of title 

5, United States Code, governing appointments in the competitive service, and may be paid without regard to the provisions 

of chapter 51 and subchapter III of chapter 53 of that title relating to classification and General Schedule pay rates, except 

that an individual so appointed may not receive pay in excess 

of the annual rate of basic pay for level V of the Executive 

Schedule under section 5316 of that title. 

(b) EXPERTS AND CONSULTANTS.—Subject to rules prescribed by 

the Commission, the Executive Director may procure temporary and 

intermittent services under section 3109(b) of title 5, United States 

Code, by a vote of the Commission. 

(c) STAFF OF FEDERAL AGENCIES.—Upon request of the Commission, the head of any Federal department or agency may detail, 

on a reimbursable basis, any of the personnel of that department or 

agency to the Commission to assist it in carrying out its duties 

under this Act. 

(d) ARRANGING FOR ASSISTANCE FOR BOARD OF ADVISORS AND

STANDARDS BOARD.—At the request of the Board of Advisors or the 

Standards Board, the Commission may enter into such arrangements as the Commission considers appropriate to make personnel 

available to assist the Boards with carrying out their duties under 

this title (including contracts with private individuals for providing 

temporary personnel services or the temporary detailing of personnel 

of the Commission). 

(e) CONSULTATION WITH BOARD OF ADVISORS AND STANDARDS

BOARD ON CERTAIN MATTERS.—In preparing the program goals, 

long-term plans, mission statements, and related matters for the 

Commission, the Executive Director and staff of the Commission 

shall consult with the Board of Advisors and the Standards Board. 

SEC. 205. POWERS. 

(a) HEARINGS AND SESSIONS.—The Commission may hold such 

hearings for the purpose of carrying out this Act, sit and act at such 

times and places, take such testimony, and receive such evidence as 

the Commission considers advisable to carry out this Act. The Commission may administer oaths and affirmations to witnesses appearing before the Commission. 

(b) INFORMATION FROM FEDERAL AGENCIES.—The Commission 

may secure directly from any Federal department or agency such information as the Commission considers necessary to carry out this 

Act. Upon request of the Commission, the head of such department 

or agency shall furnish such information to the Commission. 

(c) POSTAL SERVICES.—The Commission may use the United 

States mails in the same manner and under the same conditions as 

other departments and agencies of the Federal Government. 

(d) ADMINISTRATIVE SUPPORT SERVICES.—Upon the request of 

the Commission, the Administrator of General Services shall provide to the Commission, on a reimbursable basis, the administrative 

support services that are necessary to enable the Commission to 

carry out its duties under this Act. 

(e) CONTRACTS.—The Commission may contract with and compensate persons and Federal agencies for supplies and services withVerDate 0ct 02 2002 16:46 Oct 09, 2002 Jkt 019006 PO 00000 Frm 00012 Fmt 6659 Sfmt 6603 E:\HR\OC\HR730.XXX HR730
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out regard to section 3709 of the Revised Statutes of the United 

States (41 U.S.C. 5). 

SEC. 206. DISSEMINATION OF INFORMATION. 

In carrying out its duties, the Commission shall, on an ongoing 

basis, disseminate to the public (through the Internet, published reports, and such other methods as the Commission considers appropriate) in a manner that is consistent with the requirements of 

chapter 19 of title 44, United States Code, information on the activities carried out under this Act. 

SEC. 207. ANNUAL REPORT. 

Not later than January 31 of each year (beginning with 2004), 

the Commission shall submit a report to the Committee on House 

Administration of the House of Representatives and the Committee 

on Rules and Administration of the Senate detailing its activities 

during the fiscal year which ended on September 30 of the previous 

calendar year, and shall include in the report the following information: 

(1) A detailed description of activities conducted with respect to each program carried out by the Commission under this 

Act, including information on each grant or other payment 

made under such programs. 

(2) A copy of each report submitted to the Commission by 

a recipient of such grants or payments which is required under 

such a program, including reports submitted by States receiving 

requirements payments under part 1 of subtitle D, and each 

other report submitted to the Commission under this Act. 

(3) Information on the voluntary voting system guidelines 

adopted or modified by the Commission under part 3 and information on the voluntary guidance adopted under subtitle B of 

title III. 

(4) All votes taken by the Commission. 

(5) Such other information and recommendations as the 

Commission considers appropriate. 

SEC. 208. REQUIRING MAJORITY APPROVAL FOR ACTIONS. 

Any action which the Commission is authorized to carry out 

under this Act may be carried out only with the approval of at least 

3 of its members. 

SEC. 209. LIMITATION ON RULEMAKING AUTHORITY. 

The Commission shall not have any authority to issue any rule, 

promulgate any regulation, or take any other action which imposes 

any requirement on any State or unit of local government, except to 

the extent permitted under section 9(a) of the National Voter Registration Act of 1993 (42 U.S.C. 1973gg–7(a)). 

SEC. 210. AUTHORIZATION OF APPROPRIATIONS. 

In addition to the amounts authorized for payments and grants 

under this title and the amounts authorized to be appropriated for 

the program under section 503, there are authorized to be appropriated for each of the fiscal years 2003 through 2005 such sums 

as may be necessary (but not to exceed $10,000,000 for each such 

year) for the Commission to carry out this title. 

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PART 2—ELECTION ASSISTANCE COMMISSION 

STANDARDS BOARD AND BOARD OF ADVISORS 

SEC. 211. ESTABLISHMENT. 

There are hereby established the Election Assistance Commission Standards Board (hereafter in this title referred to as the 

‘‘Standards Board’’) and the Election Assistance Commission Board 

of Advisors (hereafter in this title referred to as the ‘‘Board of Advisors’’). 

SEC. 212. DUTIES. 

The Standards Board and the Board of Advisors shall each, in 

accordance with the procedures described in part 3, review the voluntary voting system guidelines under such part, the voluntary 

guidance under title III, and the best practices recommendations 

contained in the report submitted under section 242(b). 

SEC. 213. MEMBERSHIP OF STANDARDS BOARD. 

(a) COMPOSITION.—

(1) IN GENERAL.—Subject to certification by the chair of the 

Federal Election Commission under subsection (b), the Standards Board shall be composed of 110 members as follows: 

(A) 55 shall be State election officials selected by the 

chief State election official of each State. 

(B) 55 shall be local election officials selected in accordance with paragraph (2). 

(2) LIST OF LOCAL ELECTION OFFICIALS.—Each State’s local 

election officials, including the local election officials of Puerto 

Rico and the United States Virgin Islands, shall select (under 

a process supervised by the chief election official of the State) 

a representative local election official from the State for purposes of paragraph (1)(B). In the case of the District of Columbia, Guam, and American Samoa, the chief election official 

shall establish a procedure for selecting an individual to serve 

as a local election official for purposes of such paragraph, except that under such a procedure the individual selected may 

not be a member of the same political party as the chief election 

official. 

(3) REQUIRING MIX OF POLITICAL PARTIES REPRESENTED.—

The 2 members of the Standards Board who represent the same 

State may not be members of the same political party. 

(b) PROCEDURES FOR NOTICE AND CERTIFICATION OF APPOINTMENT.—

(1) NOTICE TO CHAIR OF FEDERAL ELECTION COMMISSION.—

Not later than 90 days after the date of the enactment of this 

Act, the chief State election official of the State shall transmit 

a notice to the chair of the Federal Election Commission containing—

(A) the name of the State election official who agrees to 

serve on the Standards Board under this title; and 

(B) the name of the representative local election official 

from the State selected under subsection (a)(2) who agrees 

to serve on the Standards Board under this title. 

(2) CERTIFICATION.—Upon receiving a notice from a State 

under paragraph (1), the chair of the Federal Election Commission shall publish a certification that the selected State election 

15

official and the representative local election official are appointed as members of the Standards Board under this title. 

(3) EFFECT OF FAILURE TO PROVIDE NOTICE.—If a State 

does not transmit a notice to the chair of the Federal Election 

Commission under paragraph (1) within the deadline described 

in such paragraph, no representative from the State may participate in the selection of the initial Executive Board under 

subsection (c). 

(4) ROLE OF COMMISSION.—Upon the appointment of the 

members of the Election Assistance Commission, the Election 

Assistance Commission shall carry out the duties of the Federal 

Election Commission under this subsection. 

(c) EXECUTIVE BOARD.— (1) IN GENERAL.—Not later than 60 days after the last day 

on which the appointment of any of its members may be certified under subsection (b), the Standards Board shall select 9 

of its members to serve as the Executive Board of the Standards 

Board, of whom— (A) not more than 5 may be State election officials; 

(B) not more than 5 may be local election officials; and 

(C) not more than 5 may be members of the same political party. 

(2) TERMS.—Except as provided in paragraph (3), members 

of the Executive Board of the Standards Board shall serve for 

a term of 2 years and may not serve for more than 3 consecutive 

terms. 

(3) STAGGERING OF INITIAL TERMS.—Of the members first 

selected to serve on the Executive Board of the Standards 

Board—(A) 3 shall serve for 1 term; 

(B) 3 shall serve for 2 consecutive terms; and 

(C) 3 shall serve for 3 consecutive terms, 

as determined by lot at the time the members are first appointed. 

(4) DUTIES.—In addition to any other duties assigned 

under this title, the Executive Board of the Standards Board 

may carry out such duties of the Standards Board as the 

Standards Board may delegate. 

SEC. 214. MEMBERSHIP OF BOARD OF ADVISORS. 

(a) IN GENERAL.—The Board of Advisors shall be composed of 

37 members appointed as follows: 

(1) 2 members appointed by the National Governors Association. 

(2) 2 members appointed by the National Conference of 

State Legislatures. 

(3) 2 members appointed by the National Association of 

Secretaries of State. 

(4) 2 members appointed by the National Association of 

State Election Directors. 

(5) 2 members appointed by the National Association of 

Counties. 

(6) 2 members appointed by the National Association of 

County Recorders, Election Administrators, and Clerks. 

(7) 2 members appointed by the United States Conference 

of Mayors. 

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(8) 2 members appointed by the Election Center. 

(9) 2 members appointed by the International Association of 

County Recorders, Election Officials, and Treasurers. 

(10) 2 members appointed by the United States Commission 

on Civil Rights. 

(11) 2 members appointed by the Architectural and Transportation Barrier Compliance Board under section 502 of the 

Rehabilitation Act of 1973 (29 U.S.C. 792). 

(12) The chief of the Office of Public Integrity of the Department of Justice, or the chief’s designee. 

(13) The chief of the Voting Section of the Civil Rights Division of the Department of Justice or the chief’s designee. 

(14) The director of the Federal Voting Assistance Program 

of the Department of Defense.

(15) 4 members representing professionals in the field of 

science and technology, of whom— (A) 1 each shall be appointed by the Speaker and the 

Minority Leader of the House of Representatives; and 

(B) 1 each shall be appointed by the Majority Leader 

and the Minority Leader of the Senate. 

(16) 8 members representing voter interests, of whom— (A) 4 members shall be appointed by the Committee on 

House Administration of the House of Representatives, of 

whom 2 shall be appointed by the chair and 2 shall be appointed by the ranking minority member; and 

(B) 4 members shall be appointed by the Committee on 

Rules and Administration of the Senate, of whom 2 shall 

be appointed by the chair and 2 shall be appointed by the 

ranking minority member. 

(b) MANNER OF APPOINTMENTS.—Appointments shall be made 

to the Board of Advisors under subsection (a) in a manner which 

ensures that the Board of Advisors will be bipartisan in nature and 

will reflect the various geographic regions of the United States. 

(c) TERM OF SERVICE; VACANCY.—Members of the Board of Advisors shall serve for a term of 2 years, and may be reappointed. 

Any vacancy in the Board of Advisors shall be filled in the manner 

in which the original appointment was made. 

(d) CHAIR.—The Board of Advisors shall elect a Chair from 

among its members. 

SEC. 215. POWERS OF BOARDS; NO COMPENSATION FOR SERVICE. 

(a) HEARINGS AND SESSIONS.—

(1) IN GENERAL.—To the extent that funds are made available by the Commission, the Standards Board (acting through 

the Executive Board) and the Board of Advisors may each hold 

such hearings for the purpose of carrying out this Act, sit and 

act at such times and places, take such testimony, and receive 

such evidence as each such Board considers advisable to carry 

out this title, except that the Boards may not issue subpoenas 

requiring the attendance and testimony of witnesses or the production of any evidence. 

(2) MEETINGS.—The Standards Board and the Board of 

Advisors shall each hold a meeting of its members—

(A) not less frequently than once every year for purposes of voting on the voluntary voting system guidelines 

referred to it under section 222; 

17

(B) in the case of the Standards Board, not less frequently than once every 2 years for purposes of selecting the 

Executive Board; and 

(C) at such other times as it considers appropriate for 

purposes of conducting such other business as it considers 

appropriate consistent with this title. 

(b) INFORMATION FROM FEDERAL AGENCIES.—The Standards 

Board and the Board of Advisors may each secure directly from any 

Federal department or agency such information as the Board considers necessary to carry out this Act. Upon request of the Executive 

Board (in the case of the Standards Board) or the Chair (in the case 

of the Board of Advisors), the head of such department or agency 

shall furnish such information to the Board. 

(c) POSTAL SERVICES.—The Standards Board and the Board of 

Advisors may use the United States mails in the same manner and 

under the same conditions as a department or agency of the Federal 

Government. 

(d) ADMINISTRATIVE SUPPORT SERVICES.—Upon the request of 

the Executive Board (in the case of the Standards Board) or the 

Chair (in the case of the Board of Advisors), the Administrator of 

the General Services Administration shall provide to the Board, on 

a reimbursable basis, the administrative support services that are 

necessary to enable the Board to carry out its duties under this title. 

(e) NO COMPENSATION FOR SERVICE.—Members of the Standards Board and members of the Board of Advisors shall not receive 

any compensation for their service, but shall be paid travel expenses, including per diem in lieu of subsistence, at rates authorized 

for employees of agencies under subchapter I of chapter 57 of title 

5, United States Code, while away from their homes or regular 

places of business in the performance of services for the Board. 

SEC. 216. STATUS OF BOARDS AND MEMBERS FOR PURPOSES OF 

CLAIMS AGAINST BOARD. 

(a) IN GENERAL.—The provisions of chapters 161 and 171 of 

title 28, United States Code, shall apply with respect to the liability 

of the Standards Board, the Board of Advisors, and their members 

for acts or omissions performed pursuant to and in the course of the 

duties and responsibilities of the Board. 

(b) EXCEPTION FOR CRIMINAL ACTS AND OTHER WILLFUL CONDUCT.—Subsection (a) may not be construed to limit personal liability for criminal acts or omissions, willful or malicious misconduct, 

acts or omissions for private gain, or any other act or omission outside the scope of the service of a member of the Standards Board 

or the Board of Advisors. 

PART 3—TECHNICAL GUIDELINES DEVELOPMENT 

COMMITTEE 

SEC. 221. TECHNICAL GUIDELINES DEVELOPMENT COMMITTEE. 

(a) ESTABLISHMENT.—There is hereby established the Technical 

Guidelines Development Committee (hereafter in this part referred 

to as the ‘‘Development Committee’’). 

(b) DUTIES.— (1) IN GENERAL.—The Development Committee shall assist 

the Executive Director of the Commission in the development of 

the voluntary voting system guidelines. 

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(2) DEADLINE FOR INITIAL SET OF RECOMMENDATIONS.—The 

Development Committee shall provide its first set of recommendations under this section to the Executive Director of 

the Commission not later than 9 months after all of its members have been appointed. 

(c) MEMBERSHIP.— (1) IN GENERAL.—The Development Committee shall be 

composed of the Director of the National Institute of Standards 

and Technology (who shall serve as its chair), together with a 

group of 14 other individuals appointed jointly by the Commission and the Director of the National Institute of Standards 

and Technology, consisting of the following: 

(A) An equal number of each of the following: 

(i) Members of the Standards Board. 

(ii) Members of the Board of Advisors. 

(iii) Members of the Architectural and Transportation Barrier Compliance Board under section 502 of 

the Rehabilitation Act of 1973 (29 U.S.C. 792). 

(B) A representative of the American National Standards Institute. 

(C) A representative of the Institute of Electrical and 

Electronics Engineers. 

(D) 2 representatives of the National Association of 

State Election Directors selected by such Association who 

are not members of the Standards Board or Board of Advisors, and who are not of the same political party. 

(E) Other individuals with technical and scientific expertise relating to voting systems and voting equipment. 

(2) QUORUM.—A majority of the members of the Development Committee shall constitute a quorum, except that the Development Committee may not conduct any business prior to the 

appointment of all of its members. 

(d) NO COMPENSATION FOR SERVICE.—Members of the Development Committee shall not receive any compensation for their service, 

but shall be paid travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away 

from their homes or regular places of business in the performance 

of services for the Development Committee. 

(e) TECHNICAL SUPPORT FROM NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY.—

(1) IN GENERAL.—At the request of the Development Committee, the Director of the National Institute of Standards and 

Technology shall provide the Development Committee with technical support necessary for the Development Committee to carry 

out its duties under this subtitle. 

(2) TECHNICAL SUPPORT.—The technical support provided 

under paragraph (1) shall include intramural research and development in areas to support the development of the voluntary 

voting system guidelines under this part, including— (A) the security of computers, computer networks, and 

computer data storage used in voting systems, including 

the computerized list required under section 303(a); 

(B) methods to detect and prevent fraud; 

(C) the protection of voter privacy; 

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(D) the role of human factors in the design and application of voting systems, including assistive technologies for 

individuals with disabilities (including blindness) and 

varying levels of literacy; and 

(E) remote access voting, including voting through the 

Internet. 

(3) NO PRIVATE SECTOR INTELLECTUAL PROPERTY RIGHTS IN

GUIDELINES.—No private sector individual or entity shall obtain any intellectual property rights to any guideline or the contents of any guideline (or any modification to any guideline) 

adopted by the Commission under this Act. 

(f) PUBLICATION OF RECOMMENDATIONS IN FEDERAL REG- ISTER.—At the time the Commission adopts any voluntary voting 

system guideline pursuant to section 222, the Development Committee shall cause to have published in the Federal Register the recommendations it provided under this section to the Executive Director of the Commission concerning the guideline adopted. 

SEC. 222. PROCESS FOR ADOPTION. 

(a) GENERAL REQUIREMENT FOR NOTICE AND COMMENT.—Consistent with the requirements of this section, the final adoption of 

the voluntary voting system guidelines (or modification of such a 

guideline) shall be carried out by the Commission in a manner that 

provides for each of the following: 

(1) Publication of notice of the proposed guidelines in the 

Federal Register. 

(2) An opportunity for public comment on the proposed 

guidelines. 

(3) An opportunity for a public hearing on the record. 

(4) Publication of the final guidelines in the Federal Register. 

(b) CONSIDERATION OF RECOMMENDATIONS OF DEVELOPMENT

COMMITTEE; SUBMISSION OF PROPOSED GUIDELINES TO BOARD OF

ADVISORS AND STANDARDS BOARD.— (1) CONSIDERATION OF RECOMMENDATIONS OF DEVELOP- MENT COMMITTEE.—In developing the voluntary voting system 

guidelines and modifications of such guidelines under this section, the Executive Director of the Commission shall take into 

consideration the recommendations provided by the Technical 

Guidelines Development Committee under section 221. 

(2) BOARD OF ADVISORS.—The Executive Director of the 

Commission shall submit the guidelines proposed to be adopted 

under this part (or any modifications to such guidelines) to the 

Board of Advisors. 

(3) STANDARDS BOARD.—The Executive Director of the Commission shall submit the guidelines proposed to be adopted 

under this part (or any modifications to such guidelines) to the 

Executive Board of the Standards Board, which shall review 

the guidelines (or modifications) and forward its recommendations to the Standards Board. 

(c) REVIEW.—Upon receipt of voluntary voting system guidelines 

described in subsection (b) (or a modification of such guidelines) 

from the Executive Director of the Commission, the Board of Advisors and the Standards Board shall each review and submit comments and recommendations regarding the guideline (or modification) to the Commission. 

20

(d) FINAL ADOPTION.—

(1) IN GENERAL.—A voluntary voting system guideline described in subsection (b) (or modification of such a guideline) 

shall not be considered to be finally adopted by the Commission 

unless the Commission votes to approve the final adoption of 

the guideline (or modification), taking into consideration the 

comments and recommendations submitted by the Board of Advisors and the Standards Board under subsection (c). 

(2) MINIMUM PERIOD FOR CONSIDERATION OF COMMENTS

AND RECOMMENDATIONS.—The Commission may not vote on the 

final adoption of a guideline described in subsection (b) (or 

modification of such a guideline) until the expiration of the 90-

day period which begins on the date the Executive Director of 

the Commission submits the proposed guideline (or modification) to the Board of Advisors and the Standards Board under 

subsection (b). 

(e) SPECIAL RULE FOR INITIAL SET OF GUIDELINES.—Notwithstanding any other provision of this part, the most recent set of voting system standards adopted by the Federal Election Commission 

prior to the date of the enactment of this Act shall be deemed to 

have been adopted by the Commission as of the date of the enactment of this Act as the first set of voluntary voting system guidelines 

adopted under this part. 

Subtitle B—Testing, Certification, Decertification, and Recertification of Voting 

System Hardware and Software 

SEC. 231. CERTIFICATION AND TESTING OF VOTING SYSTEMS.

(a) CERTIFICATION AND TESTING.—

(1) IN GENERAL.—The Commission shall provide for the 

testing, certification, decertification, and recertification of voting 

system hardware and software by accredited laboratories. 

(2) OPTIONAL USE BY STATES.—At the option of a State, the 

State may provide for the testing, certification, decertification, 

or recertification of its voting system hardware and software by 

the laboratories accredited by the Commission under this section. 

(b) LABORATORY ACCREDITATION.—

(1) RECOMMENDATIONS BY NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY.—Not later than 6 months after the 

Commission first adopts voluntary voting system guidelines 

under part 3 of subtitle A, the Director of the National Institute 

of Standards and Technology shall conduct an evaluation of 

independent, non-Federal laboratories and shall submit to the 

Commission a list of those laboratories the Director proposes to 

be accredited to carry out the testing, certification, decertification, and recertification provided for under this section. 

(2) APPROVAL BY COMMISSION.—

(A) IN GENERAL.—The Commission shall vote on the 

accreditation of any laboratory under this section, taking 

into consideration the list submitted under paragraph (1), 

and no laboratory may be accredited for purposes of this 

21

section unless its accreditation is approved by a vote of the 

Commission. 

(B) ACCREDITATION OF LABORATORIES NOT ON DIRECTOR LIST.—The Commission shall publish an explanation 

for the accreditation of any laboratory not included on the 

list submitted by the Director of the National Institute of 

Standards and Technology under paragraph (1). 

(c) CONTINUING REVIEW BY NATIONAL INSTITUTE OF STANDARDS

AND TECHNOLOGY.—

(1) IN GENERAL.—In cooperation with the Commission and 

in consultation with the Standards Board and the Board of Advisors, the Director of the National Institute of Standards and 

Technology shall monitor and review, on an ongoing basis, the 

performance of the laboratories accredited by the Commission 

under this section, and shall make such recommendations to 

the Commission as it considers appropriate with respect to the 

continuing accreditation of such laboratories, including recommendations to revoke the accreditation of any such laboratory. 

(2) APPROVAL BY COMMISSION REQUIRED FOR REVOCATION.—The accreditation of a laboratory for purposes of this 

section may not be revoked unless the revocation is approved by 

a vote of the Commission. 

(d) TRANSITION.—Until such time as the Commission provides 

for the testing, certification, decertification, and recertification of 

voting system hardware and software by accredited laboratories 

under this section, the accreditation of laboratories and the procedure for the testing, certification, decertification, and recertification 

of voting system hardware and software used as of the date of the 

enactment of this Act shall remain in effect. 

Subtitle C—Studies and Other Activities To 

Promote Effective Administration of Federal Elections 

SEC. 241. PERIODIC STUDIES OF ELECTION ADMINISTRATION ISSUES. 

(a) IN GENERAL.—On such periodic basis as the Commission 

may determine, the Commission shall conduct and make available 

to the public studies regarding the election administration issues described in subsection (b), with the goal of promoting methods of voting and administering elections which—

(1) will be the most convenient, accessible, and easy to use 

for voters, including members of the uniformed services and 

overseas voters, individuals with disabilities, including the 

blind and visually impaired, and voters with limited proficiency in the English language; 

(2) will yield the most accurate, secure, and expeditious system for voting and tabulating election results; 

(3) will be nondiscriminatory and afford each registered 

and eligible voter an equal opportunity to vote and to have that 

vote counted; and 

(4) will be efficient and cost-effective for use. 

22

(b) ELECTION ADMINISTRATION ISSUES DESCRIBED.—For purposes of subsection (a), the election administration issues described 

in this subsection are as follows: 

(1) Methods and mechanisms of election technology and 

voting systems used in voting and counting votes in elections for 

Federal office, including the over-vote and under-vote notification capabilities of such technology and systems. 

(2) Ballot designs for elections for Federal office. 

(3) Methods of voter registration, maintaining secure and 

accurate lists of registered voters (including the establishment 

of a centralized, interactive, statewide voter registration list 

linked to relevant agencies and all polling sites), and ensuring 

that registered voters appear on the voter registration list at the 

appropriate polling site. 

(4) Methods of conducting provisional voting. 

(5) Methods of ensuring the accessibility of voting, registration, polling places, and voting equipment to all voters, including individuals with disabilities (including the blind and visually impaired), Native American or Alaska Native citizens, 

and voters with limited proficiency in the English language. 

(6) Nationwide statistics and methods of identifying, deterring, and investigating voting fraud in elections for Federal office. 

(7) Identifying, deterring, and investigating methods of 

voter intimidation. 

(8) Methods of recruiting, training, and improving the performance of poll workers. 

(9) Methods of educating voters about the process of registering to vote and voting, the operation of voting mechanisms, 

the location of polling places, and all other aspects of participating in elections. 

(10) The feasibility and advisability of conducting elections 

for Federal office on different days, at different places, and during different hours, including the advisability of establishing a 

uniform poll closing time and establishing—

(A) a legal public holiday under section 6103 of title 5, 

United States Code, as the date on which general elections 

for Federal office are held; 

(B) the Tuesday next after the 1st Monday in November, in every even numbered year, as a legal public holiday 

under such section; 

(C) a date other than the Tuesday next after the 1st 

Monday in November, in every even numbered year as the 

date on which general elections for Federal office are held; 

and 

(D) any date described in subparagraph (C) as a legal 

public holiday under such section. 

(11) Federal and State laws governing the eligibility of persons to vote. 

(12) Ways that the Federal Government can best assist 

State and local authorities to improve the administration of 

elections for Federal office and what levels of funding would be 

necessary to provide such assistance. 

(13)(A) The laws and procedures used by each State that 

govern—

23

(i) recounts of ballots cast in elections for Federal office; 

(ii) contests of determinations regarding whether votes 

are counted in such elections; and 

(iii) standards that define what will constitute a vote 

on each type of voting equipment used in the State to conduct elections for Federal office. 

(B) The best practices (as identified by the Commission) 

that are used by States with respect to the recounts and contests 

described in clause (i). 

(C) Whether or not there is a need for more consistency 

among State recount and contest procedures used with respect 

to elections for Federal office. 

(14) The technical feasibility of providing voting materials 

in 8 or more languages for voters who speak those languages 

and who have limited English proficiency. 

(15) Matters particularly relevant to voting and administering elections in rural and urban areas. 

(16) Methods of voter registration for members of the uniformed services and overseas voters, and methods of ensuring 

that such voters receive timely ballots that will be properly and 

expeditiously handled and counted. 

(17) The best methods for establishing voting system performance benchmarks, expressed as a percentage of residual 

vote in the Federal contest at the top of the ballot. 

(18) Broadcasting practices that may result in the broadcast of false information concerning the location or time of operation of a polling place. 

(19) Such other matters as the Commission determines are 

appropriate. 

(c) REPORTS.—The Commission shall submit to the President 

and to the Committee on House Administration of the House of Representatives and the Committee on Rules and Administration of the 

Senate a report on each study conducted under subsection (a) together with such recommendations for administrative and legislative action as the Commission determines is appropriate. 

SEC. 242. STUDY, REPORT, AND RECOMMENDATIONS ON BEST PRACTICES FOR FACILITATING MILITARY AND OVERSEAS VOTING. 

(a) STUDY.—

(1) IN GENERAL.—The Commission, in consultation with the 

Secretary of Defense, shall conduct a study on the best practices 

for facilitating voting by absent uniformed services voters (as 

defined in section 107(1) of the Uniformed and Overseas Citizens Absentee Voting Act) and overseas voters (as defined in section 107(5) of such Act). 

(2) ISSUES CONSIDERED.—In conducting the study under 

paragraph (1) the Commission shall consider the following 

issues: 

(A) The rights of residence of uniformed services voters 

absent due to military orders. 

(B) The rights of absent uniformed services voters and 

overseas voters to register to vote and cast absentee ballots, 

including the right of such voters to cast a secret ballot. 

24

(C) The rights of absent uniformed services voters and 

overseas voters to submit absentee ballot applications early 

during an election year. 

(D) The appropriate preelection deadline for mailing 

absentee ballots to absent uniformed services voters and 

overseas voters. 

(E) The appropriate minimum period between the mailing of absentee ballots to absent uniformed services voters 

and overseas voters and the deadline for receipt of such 

ballots. 

(F) The timely transmission of balloting materials to 

absent uniformed services voters and overseas voters. 

(G) Security and privacy concerns in the transmission, 

receipt, and processing of ballots from absent uniformed 

services voters and overseas voters, including the need to 

protect against fraud. 

(H) The use of a single application by absent uniformed services voters and overseas voters for absentee ballots for all Federal elections occurring during a year. 

(I) The use of a single application for voter registration 

and absentee ballots by absent uniformed services voters 

and overseas voters. 

(J) The use of facsimile machines and electronic means 

of transmission of absentee ballot applications and absentee 

ballots to absent uniformed services voters and overseas 

voters. 

(K) Other issues related to the rights of absent uniformed services voters and overseas voters to participate in 

elections. 

(b) REPORT AND RECOMMENDATIONS.—Not later than the date 

that is 18 months after the date of the enactment of this Act, the 

Commission shall submit to the President and Congress a report on 

the study conducted under subsection (a)(1) together with recommendations identifying the best practices used with respect to the 

issues considered under subsection (a)(2).

SEC. 243. REPORT ON HUMAN FACTOR RESEARCH. 

Not later than 1 year after the date of the enactment of this Act, 

the Commission, in consultation with the Director of the National 

Institute of Standards and Technology, shall submit a report to 

Congress which assesses the areas of human factor research, including usability engineering and human-computer and human-machine interaction, which feasibly could be applied to voting products 

and systems design to ensure the usability and accuracy of voting 

products and systems, including methods to improve access for individuals with disabilities (including blindness) and individuals with 

limited proficiency in the English language and to reduce voter 

error and the number of spoiled ballots in elections. 

SEC. 244. STUDY AND REPORT ON VOTERS WHO REGISTER BY MAIL 

AND USE OF SOCIAL SECURITY INFORMATION. 

(a) REGISTRATION BY MAIL.— (1) STUDY.— (A) IN GENERAL.—The Commission shall conduct a 

study of the impact of section 303(b) on voters who register 

by mail. 

25

(B) SPECIFIC ISSUES STUDIED.—The study conducted 

under subparagraph (A) shall include— (i) an examination of the impact of section 303(b) 

on first time mail registrant voters who vote in person, 

including the impact of such section on voter registration; 

(ii) an examination of the impact of such section on 

the accuracy of voter rolls, including preventing ineligible names from being placed on voter rolls and ensuring that all eligible names are placed on voter rolls; 

and 

(iii) an analysis of the impact of such section on 

existing State practices, such as the use of signature 

verification or attestation procedures to verify the identity of voters in elections for Federal office, and an 

analysis of other changes that may be made to improve 

the voter registration process, such as verification or 

additional information on the registration card. 

(2) REPORT.—Not later than 18 months after the date on 

which section 303(b)(2) takes effect, the Commission shall submit a report to the President and Congress on the study conducted under paragraph (1)(A) together with such recommendations for administrative and legislative action as the Commission determines is appropriate. 

(b) USE OF SOCIAL SECURITY INFORMATION.—Not later than 18 

months after the date on which section 303(a)(5) takes effect, the 

Commission, in consultation with the Commissioner of Social Security, shall study and report to Congress on the feasibility and advisability of using Social Security identification numbers or other information compiled by the Social Security Administration to establish voter registration or other election law eligibility or identification requirements, including the matching of relevant information 

specific to an individual voter, the impact of such use on national 

security issues, and whether adequate safeguards or waiver procedures exist to protect the privacy of an individual voter. 

SEC. 245. STUDY AND REPORT ON ELECTRONIC VOTING AND THE 

ELECTORAL PROCESS. 

(a) STUDY.—

(1) IN GENERAL.—The Commission shall conduct a thorough study of issues and challenges, specifically to include the 

potential for election fraud, presented by incorporating communications and Internet technologies in the Federal, State, and 

local electoral process. 

(2) ISSUES TO BE STUDIED.—The Commission may include 

in the study conducted under paragraph (1) an examination 

of—

(A) the appropriate security measures required and 

minimum standards for certification of systems or technologies in order to minimize the potential for fraud in voting or in the registration of qualified citizens to register 

and vote; 

(B) the possible methods, such as Internet or other communications technologies, that may be utilized in the electoral process, including the use of those technologies to register voters and enable citizens to vote online, and recVerDate 0ct 02 2002 16:46 Oct 09, 2002 Jkt 019006 PO 00000 Frm 00025 Fmt 6659 Sfmt 6603 E:\HR\OC\HR730.XXX HR730
26

ommendations concerning statutes and rules to be adopted 

in order to implement an online or Internet system in the 

electoral process; 

(C) the impact that new communications or Internet 

technology systems for use in the electoral process could 

have on voter participation rates, voter education, public 

accessibility, potential external influences during the elections process, voter privacy and anonymity, and other 

issues related to the conduct and administration of elections;

(D) whether other aspects of the electoral process, such 

as public availability of candidate information and citizen 

communication with candidates, could benefit from the increased use of online or Internet technologies; 

(E) the requirements for authorization of collection, 

storage, and processing of electronically generated and 

transmitted digital messages to permit any eligible person 

to register to vote or vote in an election, including applying 

for and casting an absentee ballot; 

(F) the implementation cost of an online or Internet 

voting or voter registration system and the costs of elections 

after implementation (including a comparison of total cost 

savings for the administration of the electoral process by 

using Internet technologies or systems); 

(G) identification of current and foreseeable online and 

Internet technologies for use in the registration of voters, for 

voting, or for the purpose of reducing election fraud, currently available or in use by election authorities; 

(H) the means by which to ensure and achieve equity 

of access to online or Internet voting or voter registration 

systems and address the fairness of such systems to all citizens; and 

(I) the impact of technology on the speed, timeliness, 

and accuracy of vote counts in Federal, State, and local 

elections. 

(b) REPORT.— (1) SUBMISSION.—Not later than 20 months after the date 

of the enactment of this Act, the Commission shall transmit to 

the Committee on House Administration of the House of Representatives and the Committee on Rules and Administration of 

the Senate a report on the results of the study conducted under 

subsection (a), including such legislative recommendations or 

model State laws as are required to address the findings of the 

Commission. 

(2) INTERNET POSTING.—In addition to the dissemination 

requirements under chapter 19 of title 44, United States Code, 

the Election Administration Commission shall post the report 

transmitted under paragraph (1) on an Internet website. 

SEC. 246. STUDY AND REPORT ON FREE ABSENTEE BALLOT POSTAGE. 

(a) STUDY ON THE ESTABLISHMENT OF A FREE ABSENTEE BALLOT POSTAGE PROGRAM.—

(1) IN GENERAL.—The Commission, in consultation with the 

Postal Service, shall conduct a study on the feasibility and advisability of the establishment of a program under which the 

Postal Service shall waive or otherwise reduce the amount of 

27

postage applicable with respect to absentee ballots submitted by 

voters in general elections for Federal office (other than balloting materials mailed under section 3406 of title 39, United 

States Code) that does not apply with respect to the postage required to send the absentee ballots to voters. 

(2) PUBLIC SURVEY.—As part of the study conducted under 

paragraph (1), the Commission shall conduct a survey of potential beneficiaries under the program described in such paragraph, including the elderly and disabled, and shall take into 

account the results of such survey in determining the feasibility 

and advisability of establishing such a program. 

(b) REPORT.— (1) SUBMISSION.—Not later than the date that is 1 year 

after the date of the enactment of this Act, the Commission 

shall submit to Congress a report on the study conducted under 

subsection (a)(1) together with recommendations for such legislative and administrative action as the Commission determines 

appropriate. 

(2) COSTS.—The report submitted under paragraph (1) 

shall contain an estimate of the costs of establishing the program described in subsection (a)(1). 

(3) IMPLEMENTATION.—The report submitted under paragraph (1) shall contain an analysis of the feasibility of implementing the program described in subsection (a)(1) with respect 

to the absentee ballots to be submitted in the general election for 

Federal office held in 2004. 

(4) RECOMMENDATIONS REGARDING THE ELDERLY AND DIS- ABLED.—The report submitted under paragraph (1) shall— (A) include recommendations on ways that program described in subsection (a)(1) would target elderly individuals 

and individuals with disabilities; and 

(B) identify methods to increase the number of such individuals who vote in elections for Federal office. 

(c) POSTAL SERVICE DEFINED.—The term ‘‘Postal Service’’ means the United States Postal Service established under section 

201 of title 39, United States Code.

SEC. 247. CONSULTATION WITH STANDARDS BOARD AND BOARD OF 

ADVISORS. 

The Commission shall carry out its duties under this subtitle 

in consultation with the Standards Board and the Board of Advisors. 

Subtitle D—Election Assistance 

PART 1—REQUIREMENTS PAYMENTS 

SEC. 251. REQUIREMENTS PAYMENTS. 

(a) IN GENERAL.—The Commission shall make a requirements 

payment each year in an amount determined under section 252 to 

each State which meets the conditions described in section 253 for 

the year. 

(b) USE OF FUNDS.— (1) IN GENERAL.—Except as provided in paragraph (2), a 

State receiving a requirements payment shall use the payment 

only to meet the requirements of title III. 

28

(2) OTHER ACTIVITIES.—A State may use a requirements 

payment to carry out other activities to improve the administration of elections for Federal office if the State certifies to the 

Commission that—

(A) the State has implemented the requirements of title 

III; or 

(B) the amount expended with respect to such other activities does not exceed an amount equal to the minimum 

payment amount applicable to the State under section 

252(c). 

(c) RETROACTIVE PAYMENTS.—

(1) IN GENERAL.—Notwithstanding any other provision of 

this subtitle, including the maintenance of effort requirements 

of section 254(a)(7), a State may use a requirements payment as 

a reimbursement for costs incurred in obtaining voting equipment which meets the requirements of section 301 if the State 

obtains the equipment after the regularly scheduled general 

election for Federal office held in November 2000. 

(2) SPECIAL RULE REGARDING MULTIYEAR CONTRACTS.—A 

State may use a requirements payment for any costs for voting 

equipment which meets the requirements of section 301 that, 

pursuant to a multiyear contract, were incurred on or after 

January 1, 2001, except that the amount that the State is otherwise required to contribute under the maintenance of effort requirements of section 254(a)(7) shall be increased by the 

amount of the payment made with respect to such multiyear 

contract. 

(d) ADOPTION OF COMMISSION GUIDELINES AND GUIDANCE NOT

REQUIRED TO RECEIVE PAYMENT.—Nothing in this part may be construed to require a State to implement any of the voluntary voting 

system guidelines or any of the voluntary guidance adopted by the 

Commission with respect to any matter as a condition for receiving 

a requirements payment. 

(e) SCHEDULE OF PAYMENTS.—As soon as practicable after the 

initial appointment of all members of the Commission (but in no 

event later than 6 months thereafter), and not less frequently than 

once each calendar year thereafter, the Commission shall make requirements payments to States under this part. 

(f) LIMITATION.—A State may not use any portion of a requirements payment—

(1) to pay costs associated with any litigation, except to the 

extent that such costs otherwise constitute permitted uses of a 

requirements payment under this part; or 

(2) for the payment of any judgment. 

SEC. 252. ALLOCATION OF FUNDS. 

(a) IN GENERAL.—Subject to subsection (c), the amount of a requirements payment made to a State for a year shall be equal to 

the product of—

(1) the total amount appropriated for requirements payments for the year pursuant to the authorization under section 

257; and 

(2) the State allocation percentage for the State (as determined under subsection (b)). 

29

(b) STATE ALLOCATION PERCENTAGE DEFINED.—The ‘‘State allocation percentage’’ for a State is the amount (expressed as a percentage) equal to the quotient of—

(1) the voting age population of the State (as reported in the 

most recent decennial census); and 

(2) the total voting age population of all States (as reported 

in the most recent decennial census). 

(c) MINIMUM AMOUNT OF PAYMENT.—The amount of a requirements payment made to a State for a year may not be less than—

(1) in the case of any of the several States or the District 

of Columbia, 1⁄2 of 1 percent of the total amount appropriated 

for requirements payments for the year under section 257; or 

(2) in the case of the Commonwealth of Puerto Rico, Guam, 

American Samoa, or the United States Virgin Islands, 1⁄10 of 1 

percent of such total amount. 

(d) PRO RATA REDUCTIONS.—The Administrator shall make 

such pro rata reductions to the allocations determined under subsection (a) as are necessary to comply with the requirements of subsection (c).

(e) CONTINUING AVAILABILITY OF FUNDS AFTER APPROPRIATION.—A requirements payment made to a State under this part 

shall be available to the State without fiscal year limitation. 

SEC. 253. CONDITION FOR RECEIPT OF FUNDS. 

(a) IN GENERAL.—A State is eligible to receive a requirements 

payment for a fiscal year if the chief executive officer of the State, 

or designee, in consultation and coordination with the chief State 

election official, has filed with the Commission a statement certifying that the State is in compliance with the requirements referred 

to in subsection (b). A State may meet the requirement of the previous sentence by filing with the Commission a statement which 

reads as follows: ‘‘llllll hereby certifies that it is in compliance with the requirements referred to in section 253(b) of the Help 

America Vote Act of 2002.’’ (with the blank to be filled in with the 

name of the State involved). 

(b) STATE PLAN REQUIREMENT; CERTIFICATION OF COMPLIANCE

WITH APPLICABLE LAWS AND REQUIREMENTS.—The requirements referred to in this subsection are as follows: 

(1) The State has filed with the Commission a State plan 

covering the fiscal year which the State certifies—

(A) contains each of the elements described in section 

254 with respect to the fiscal year; 

(B) is developed in accordance with section 255; and 

(C) meets the public notice and comment requirements 

of section 256. 

(2) The State has filed with the Commission a plan for the 

implementation of the uniform, nondiscriminatory administrative complaint procedures required under section 402 (or has included such a plan in the State plan filed under paragraph 

(1)), and has such procedures in place for purposes of meeting 

the requirements of such section. If the State does not include 

such an implementation plan in the State plan filed under 

paragraph (1), the requirements of sections 255(b) and 256 

shall apply to the implementation plan in the same manner as 

such requirements apply to the State plan. 

30

(3) The State is in compliance with each of the laws described in section 906, as such laws apply with respect to this 

Act. 

(4) To the extent that any portion of the requirements payment is used for activities other than meeting the requirements 

of title III—

(A) the State’s proposed uses of the requirements payment are not inconsistent with the requirements of title III; 

and 

(B) the use of the funds under this paragraph is consistent with the requirements of section 251(b). 

(5) The State has appropriated funds for carrying out the 

activities for which the requirements payment is made in an 

amount equal to 5 percent of the total amount to be spent for 

such activities (taking into account the requirements payment 

and the amount spent by the State) and, in the case of a State 

that uses a requirements payment as a reimbursement under 

section 251(c)(2), an additional amount equal to the amount of 

such reimbursement. 

(c) METHODS OF COMPLIANCE LEFT TO DISCRETION OF STATE.— The specific choices on the methods of complying with the elements 

of a State plan shall be left to the discretion of the State. 

(d) TIMING FOR FILING OF CERTIFICATION.—A State may not file 

a statement of certification under subsection (a) until the expiration 

of the 45-day period (or, in the case of a fiscal year other than the 

first fiscal year for which a requirements payment is made to the 

State under this subtitle, the 30-day period) which begins on the 

date the State plan under this subtitle is published in the Federal 

Register pursuant to section 255(b). 

(e) CHIEF STATE ELECTION OFFICIAL DEFINED.—In this subtitle, 

the ‘‘chief State election official’’ of a State is the individual designated by the State under section 10 of the National Voter Registration Act of 1993 (42 U.S.C. 1973gg–8) to be responsible for coordination of the State’s responsibilities under such Act. 

SEC. 254. STATE PLAN. 

(a) IN GENERAL.—The State plan shall contain a description of 

each of the following: 

(1) How the State will use the requirements payment to 

meet the requirements of title III, and, if applicable under section 251(a)(2), to carry out other activities to improve the administration of elections. 

(2) How the State will distribute and monitor the distribution of the requirements payment to units of local government 

or other entities in the State for carrying out the activities described in paragraph (1), including a description of—

(A) the criteria to be used to determine the eligibility of 

such units or entities for receiving the payment; and

(B) the methods to be used by the State to monitor the 

performance of the units or entities to whom the payment 

is distributed, consistent with the performance goals and 

measures adopted under paragraph (8). 

(3) How the State will provide for programs for voter education, election official education and training, and poll worker 

training which will assist the State in meeting the requirements 

of title III. 

31

(4) How the State will adopt voting system guidelines and 

processes which are consistent with the requirements of section 

301. 

(5) How the State will establish a fund described in subsection (b) for purposes of administering the State’s activities 

under this part, including information on fund management. 

(6) The State’s proposed budget for activities under this 

part, based on the State’s best estimates of the costs of such activities and the amount of funds to be made available, including specific information on—

(A) the costs of the activities required to be carried out 

to meet the requirements of title III; 

(B) the portion of the requirements payment which will 

be used to carry out activities to meet such requirements; 

and 

(C) the portion of the requirements payment which will 

be used to carry out other activities. 

(7) How the State, in using the requirements payment, will 

maintain the expenditures of the State for activities funded by 

the payment at a level that is not less than the level of such expenditures maintained by the State for the fiscal year ending 

prior to November 2000. 

(8) How the State will adopt performance goals and measures that will be used by the State to determine its success and 

the success of units of local government in the State in carrying 

out the plan, including timetables for meeting each of the elements of the plan, descriptions of the criteria the State will use 

to measure performance and the process used to develop such 

criteria, and a description of which official is to be held responsible for ensuring that each performance goal is met. 

(9) A description of the uniform, nondiscriminatory Statebased administrative complaint procedures in effect under section 402. 

(10) If the State received any payment under title I, a description of how such payment will affect the activities proposed 

to be carried out under the plan, including the amount of funds 

available for such activities. 

(11) How the State will conduct ongoing management of the 

plan, except that the State may not make any material change 

in the administration of the plan unless the change—

(A) is developed and published in the Federal Register 

in accordance with section 255 in the same manner as the 

State plan; 

(B) is subject to public notice and comment in accordance with section 256 in the same manner as the State 

plan; and 

(C) takes effect only after the expiration of the 30-day 

period which begins on the date the change is published in 

the Federal Register in accordance with subparagraph (A). 

(12) In the case of a State with a State plan in effect under 

this subtitle during the previous fiscal year, a description of 

how the plan reflects changes from the State plan for the previous fiscal year and of how the State succeeded in carrying out 

the State plan for such previous fiscal year.

32

(13) A description of the committee which participated in 

the development of the State plan in accordance with section 

255 and the procedures followed by the committee under such 

section and section 256. 

(b) REQUIREMENTS FOR ELECTION FUND.—

(1) ELECTION FUND DESCRIBED.—For purposes of subsection 

(a)(5), a fund described in this subsection with respect to a 

State is a fund which is established in the treasury of the State 

government, which is used in accordance with paragraph (2), 

and which consists of the following amounts: 

(A) Amounts appropriated or otherwise made available 

by the State for carrying out the activities for which the requirements payment is made to the State under this part. 

(B) The requirements payment made to the State under 

this part. 

(C) Such other amounts as may be appropriated under 

law. 

(D) Interest earned on deposits of the fund. 

(2) USE OF FUND.—Amounts in the fund shall be used by 

the State exclusively to carry out the activities for which the requirements payment is made to the State under this part. 

(3) TREATMENT OF STATES THAT REQUIRE CHANGES TO

STATE LAW.—In the case of a State that requires State legislation to establish the fund described in this subsection, the Commission shall defer disbursement of the requirements payment 

to such State until such time as legislation establishing the 

fund is enacted. 

(c) PROTECTION AGAINST ACTIONS BASED ON INFORMATION IN

PLAN.—

(1) IN GENERAL.—No action may be brought under this Act 

against a State or other jurisdiction on the basis of any information contained in the State plan filed under this part. 

(2) EXCEPTION FOR CRIMINAL ACTS.—Paragraph (1) may 

not be construed to limit the liability of a State or other jurisdiction for criminal acts or omissions. 

SEC. 255. PROCESS FOR DEVELOPMENT AND FILING OF PLAN; PUBLICATION BY COMMISSION. 

(a) IN GENERAL.—The chief State election official shall develop 

the State plan under this subtitle through a committee of appropriate individuals, including the chief election officials of the 2 most 

populous jurisdictions within the States, other local election officials, stake holders (including representatives of groups of individuals with disabilities), and other citizens, appointed for such purpose by the chief State election official. 

(b) PUBLICATION OF PLAN BY COMMISSION.—After receiving the 

State plan of a State under this subtitle, the Commission shall 

cause to have the plan published in the Federal Register. 

SEC. 256. REQUIREMENT FOR PUBLIC NOTICE AND COMMENT. 

For purposes of section 251(a)(1)(C), a State plan meets the 

public notice and comment requirements of this section if—

(1) not later than 30 days prior to the submission of the 

plan, the State made a preliminary version of the plan available for public inspection and comment; 

33

(2) the State publishes notice that the preliminary version 

of the plan is so available; and 

(3) the State took the public comments made regarding the 

preliminary version of the plan into account in preparing the 

plan which was filed with the Commission. 

SEC. 257. AUTHORIZATION OF APPROPRIATIONS. 

(a) IN GENERAL.—In addition to amounts transferred under section 104(c), there are authorized to be appropriated for requirements 

payments under this part the following amounts: 

(1) For fiscal year 2003, $1,400,000,000. 

(2) For fiscal year 2004, $1,000,000,000. 

(3) For fiscal year 2005, $600,000,000. 

(b) AVAILABILITY.—Any amounts appropriated pursuant to the 

authority of subsection (a) shall remain available without fiscal 

year limitation until expended. 

SEC. 258. REPORTS. 

Not later than 6 months after the end of each fiscal year for 

which a State received a requirements payment under this part, the 

State shall submit a report to the Commission on the activities conducted with the funds provided during the year, and shall include 

in the report—

(1) a list of expenditures made with respect to each category 

of activities described in section 251(b); 

(2) the number and type of articles of voting equipment obtained with the funds; and 

(3) an analysis and description of the activities funded 

under this part to meet the requirements of this Act and an 

analysis and description of how such activities conform to the 

State plan under section 254. 

PART 2—PAYMENTS TO STATES AND UNITS OF LOCAL 

GOVERNMENT TO ASSURE ACCESS FOR INDIVIDUALS 

WITH DISABILITIES 

SEC. 261. PAYMENTS TO STATES AND UNITS OF LOCAL GOVERNMENT 

TO ASSURE ACCESS FOR INDIVIDUALS WITH DISABILITIES. 

(a) IN GENERAL.—The Secretary of Health and Human Services 

shall make a payment to each eligible State and each eligible unit 

of local government (as described in section 263). 

(b) USE OF FUNDS.—An eligible State and eligible unit of local 

government shall use the payment received under this part for—

(1) making polling places, including the path of travel, entrances, exits, and voting areas of each polling facility, accessible to individuals with disabilities, including the blind and 

visually impaired, in a manner that provides the same opportunity for access and participation (including privacy and independence) as for other voters; and 

(2) providing individuals with disabilities and the other individuals described in paragraph (1) with information about 

the accessibility of polling places, including outreach programs 

to inform the individuals about the availability of accessible 

polling places and training election officials, poll workers, and 

election volunteers on how best to promote the access and parVerDate 0ct 02 2002 16:46 Oct 09, 2002 Jkt 019006 PO 00000 Frm 00033 Fmt 6659 Sfmt 6603 E:\HR\OC\HR730.XXX HR730
34

ticipation of individuals with disabilities in elections for Federal office. 

(c) SCHEDULE OF PAYMENTS.—As soon as practicable after the 

date of the enactment of this Act (but in no event later than 6 

months thereafter), and not less frequently than once each calendar 

year thereafter, the Secretary shall make payments under this part. 

SEC. 262. AMOUNT OF PAYMENT. 

(a) IN GENERAL.—The amount of a payment made to an eligible 

State or an eligible unit of local government for a year under this 

part shall be determined by the Secretary. 

(b) CONTINUING AVAILABILITY OF FUNDS AFTER APPROPRIATION.—A payment made to an eligible State or eligible unit of local 

government under this part shall be available without fiscal year 

limitation. 

SEC. 263. REQUIREMENTS FOR ELIGIBILITY. 

(a) APPLICATION.—Each State or unit of local government that 

desires to receive a payment under this part for a fiscal year shall 

submit an application for the payment to the Secretary at such time 

and in such manner and containing such information as the Secretary shall require. 

(b) CONTENTS OF APPLICATION.—Each application submitted 

under subsection (a) shall—

(1) describe the activities for which assistance under this 

section is sought; and 

(2) provide such additional information and certifications 

as the Secretary determines to be essential to ensure compliance 

with the requirements of this part. 

(c) PROTECTION AGAINST ACTIONS BASED ON INFORMATION IN

APPLICATION.—

(1) IN GENERAL.—No action may be brought under this Act 

against a State or unit of local government on the basis of any 

information contained in the application submitted under subsection (a). 

(2) EXCEPTION FOR CRIMINAL ACTS.—Paragraph (1) may 

not be construed to limit the liability of a State or unit of local 

government for criminal acts or omissions. 

SEC. 264. AUTHORIZATION OF APPROPRIATIONS. 

(a) IN GENERAL.—There are authorized to be appropriated to 

carry out the provisions of this part the following amounts: 

(1) For fiscal year 2003, $50,000,000. 

(2) For fiscal year 2004, $25,000,000. 

(3) For fiscal year 2005, $25,000,000. 

(b) AVAILABILITY.—Any amounts appropriated pursuant to the 

authority of subsection (a) shall remain available without fiscal 

year limitation until expended. 

SEC. 265. REPORTS. 

(a) REPORTS BY RECIPIENTS.—Not later than the 6 months after 

the end of each fiscal year for which an eligible State or eligible unit 

of local government received a payment under this part, the State 

or unit shall submit a report to the Secretary on the activities conducted with the funds provided during the year, and shall include 

in the report a list of expenditures made with respect to each category of activities described in section 261(b). 

35

(b) REPORT BY SECRETARY TO COMMITTEES.—With respect to 

each fiscal year for which the Secretary makes payments under this 

part, the Secretary shall submit a report on the activities carried out 

under this part to the Committee on House Administration of the 

House of Representatives and the Committee on Rules and Administration of the Senate.

PART 3—GRANTS FOR RESEARCH ON VOTING 

TECHNOLOGY IMPROVEMENTS 

SEC. 271. GRANTS FOR RESEARCH ON VOTING TECHNOLOGY IMPROVEMENTS. 

(a) IN GENERAL.—The Commission shall make grants to assist 

entities in carrying out research and development to improve the 

quality, reliability, accuracy, accessibility, affordability, and security of voting equipment, election systems, and voting technology. 

(b) ELIGIBILITY.—An entity is eligible to receive a grant under 

this part if it submits to the Commission (at such time and in such 

form as the Commission may require) an application containing— (1) certifications that the research and development funded 

with the grant will take into account the need to make voting 

equipment fully accessible for individuals with disabilities, including the blind and visually impaired, the need to ensure 

that such individuals can vote independently and with privacy, 

and the need to provide alternative language accessibility for 

individuals with limited proficiency in the English language 

(consistent with the requirements of the Voting Rights Act of 

1965); and 

(2) such other information and certifications as the Commission may require. 

(c) APPLICABILITY OF REGULATIONS GOVERNING PATENT RIGHTS

IN INVENTIONS MADE WITH FEDERAL ASSISTANCE.—Any invention 

made by the recipient of a grant under this part using funds provided under this part shall be subject to chapter 18 of title 35, 

United States Code (relating to patent rights in inventions made 

with Federal assistance). 

(d) RECOMMENDATION OF TOPICS FOR RESEARCH.—

(1) IN GENERAL.—The Director of the National Institute of 

Standards and Technology (hereafter in this section referred to 

as the ‘‘Director’’) shall submit to the Commission an annual 

list of the Director’s suggestions for issues which may be the 

subject of research funded with grants awarded under this part 

during the year. 

(2) REVIEW OF GRANT APPLICATIONS RECEIVED BY COMMISSION.—The Commission shall submit each application it receives for a grant under this part to the Director, who shall review the application and provide the Commission with such 

comments as the Director considers appropriate. 

(3) MONITORING AND ADJUSTMENT OF GRANT ACTIVITIES AT

REQUEST OF COMMISSION.—After the Commission has awarded 

a grant under this part, the Commission may request that the 

Director monitor the grant, and (to the extent permitted under 

the terms of the grant as awarded) the Director may recommend to the Commission that the recipient of the grant modify and adjust the activities carried out under the grant. 

(4) EVALUATION OF GRANTS AT REQUEST OF COMMISSION.—

36

(A) IN GENERAL.—In the case of a grant for which the 

Commission submits the application to the Director under 

paragraph (2) or requests that the Director monitor the 

grant under paragraph (3), the Director shall prepare and 

submit to the Commission an evaluation of the grant and 

the activities carried out under the grant. 

(B) INCLUSION IN REPORTS.—The Commission shall include the evaluations submitted under subparagraph (A) 

for a year in the report submitted for the year under section 

207. 

(e) PROVISION OF INFORMATION ON PROJECTS.—The Commission may provide to the Technical Guidelines Development Committee under part 3 of subtitle A such information regarding the activities funded under this part as the Commission deems necessary 

to assist the Committee in carrying out its duties. 

SEC. 272. REPORT. 

(a) IN GENERAL.—Each entity which receives a grant under this 

part shall submit to the Commission a report describing the activities carried out with the funds provided under the grant. 

(b) DEADLINE.—An entity shall submit a report required under 

subsection (a) not later than 60 days after the end of the fiscal year 

for which the entity received the grant which is the subject of the 

report. 

SEC. 273. AUTHORIZATION OF APPROPRIATIONS. 

(a) IN GENERAL.—There are authorized to be appropriated for grants under this part $20,000,000 for fiscal year 2003. 

(b) AVAILABILITY OF FUNDS.—Amounts appropriated pursuant 

to the authorization under this section shall remain available, without fiscal year limitation, until expended. 

PART 4—PILOT PROGRAM FOR TESTING OF EQUIPMENT 

AND TECHNOLOGY 

SEC. 281. PILOT PROGRAM. 

(a) IN GENERAL.—The Commission shall make grants to carry 

out pilot programs under which new technologies in voting systems 

and equipment are tested and implemented on a trial basis so that 

the results of such tests and trials are reported to Congress. 

(b) ELIGIBILITY.—An entity is eligible to receive a grant under 

this part if it submits to the Commission (at such time and in such 

form as the Commission may require) an application containing—

(1) certifications that the pilot programs funded with the 

grant will take into account the need to make voting equipment 

fully accessible for individuals with disabilities, including the 

blind and visually impaired, the need to ensure that such individuals can vote independently and with privacy, and the need 

to provide alternative language accessibility for individuals 

with limited proficiency in the English language (consistent 

with the requirements of the Voting Rights Act of 1965 and the 

requirements of this Act); and 

(2) such other information and certifications as the Commission may require. 

(c) RECOMMENDATION OF TOPICS FOR PILOT PROGRAMS.—

(1) IN GENERAL.—The Director of the National Institute of 

Standards and Technology (hereafter in this section referred to 

37

as the ‘‘Director’’) shall submit to the Commission an annual 

list of the Director’s suggestions for issues which may be the 

subject of pilot programs funded with grants awarded under 

this part during the year. 

(2) REVIEW OF GRANT APPLICATIONS RECEIVED BY COMMIS- SION.—The Commission shall submit each application it receives for a grant under this part to the Director, who shall review the application and provide the Commission with such 

comments as the Director considers appropriate. 

(3) MONITORING AND ADJUSTMENT OF GRANT ACTIVITIES AT

REQUEST OF COMMISSION.—After the Commission has awarded 

a grant under this part, the Commission may request that the 

Director monitor the grant, and (to the extent permitted under 

the terms of the grant as awarded) the Director may recommend to the Commission that the recipient of the grant modify and adjust the activities carried out under the grant. 

(4) EVALUATION OF GRANTS AT REQUEST OF COMMISSION.— (A) IN GENERAL.—In the case of a grant for which the 

Commission submits the application to the Director under 

paragraph (2) or requests that the Director monitor the 

grant under paragraph (3), the Director shall prepare and 

submit to the Commission an evaluation of the grant and 

the activities carried out under the grant. 

(B) INCLUSION IN REPORTS.—The Commission shall include the evaluations submitted under subparagraph (A) 

for a year in the report submitted for the year under section 

207. 

(d) PROVISION OF INFORMATION ON PROJECTS.—The Commission may provide to the Technical Guidelines Development Committee under part 3 of subtitle A such information regarding the activities funded under this part as the Commission deems necessary 

to assist the Committee in carrying out its duties. 

SEC. 282. REPORT. 

(a) IN GENERAL.—Each entity which receives a grant under this 

part shall submit to the Commission a report describing the activities carried out with the funds provided under the grant. 

(b) DEADLINE.—An entity shall submit a report required under 

subsection (a) not later than 60 days after the end of the fiscal year 

for which the entity received the grant which is the subject of the 

report. 

SEC. 283. AUTHORIZATION OF APPROPRIATIONS. 

(a) IN GENERAL.—There are authorized to be appropriated for 

grants under this part $10,000,000 for fiscal year 2003. 

(b) AVAILABILITY OF FUNDS.—Amounts appropriated pursuant 

to the authorization under this section shall remain available, without fiscal year limitation, until expended. 

PART 5—PROTECTION AND ADVOCACY SYSTEMS 

SEC. 291. PAYMENTS FOR PROTECTION AND ADVOCACY SYSTEMS. 

(a) IN GENERAL.—In addition to any other payments made 

under this subtitle, the Secretary of Health and Human Services 

shall pay the protection and advocacy system (as defined in section 

102 of the Developmental Disabilities Assistance and Bill of Rights 

Act of 2000 (42 U.S.C. 15002)) of each State to ensure full participaVerDate 0ct 02 2002 16:46 Oct 09, 2002 Jkt 019006 PO 00000 Frm 00037 Fmt 6659 Sfmt 6603 E:\HR\OC\HR730.XXX HR730
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tion in the electoral process for individuals with disabilities, including registering to vote, casting a vote and accessing polling places. 

In providing such services, protection and advocacy systems shall 

have the same general authorities as they are afforded under subtitle C of title I of the Developmental Disabilities Assistance and 

Bill of Rights Act of 2000 (42 U.S.C. 15041 et seq.). 

(b) MINIMUM GRANT AMOUNT.—The minimum amount of each 

grant to a protection and advocacy system shall be determined and 

allocated as set forth in subsections (c)(3), (c)(4), (c)(5), (e), and (g) 

of section 509 of the Rehabilitation Act of 1973 (29 U.S.C. 794e), except that the amount of the grants to systems referred to in subsections (c)(3)(B) and (c)(4)(B) of that section shall be not less than 

$70,000 and $35,000, respectively. 

(c) TRAINING AND TECHNICAL ASSISTANCE PROGRAM.— (1) IN GENERAL.—Not later than 90 days after the date on 

which the initial appropriation of funds for a fiscal year is 

made pursuant to the authorization under section 292, the Secretary shall set aside 7 percent of the amount appropriated 

under such section and use such portion to make payments to 

eligible entities to provide training and technical assistance 

with respect to the activities carried out under this section. 

(2) USE OF FUNDS.—A recipient of a payment under this 

subsection may use the payment to support training in the use 

of voting systems and technologies, and to demonstrate and 

evaluate the use of such systems and technologies, by individuals with disabilities (including blindness) in order to assess 

the availability and use of such systems and technologies for 

such individuals. At least 1 of the recipients under this subsection shall use the payment to provide training and technical 

assistance for nonvisual access. 

(3) ELIGIBILITY.—An entity is eligible to receive a payment 

under this subsection if the entity— (A) is a public or private nonprofit entity with demonstrated experience in voting issues for individuals with 

disabilities; 

(B) is governed by a board with respect to which the 

majority of its members are individuals with disabilities or 

family members of such individuals or individuals who are 

blind; and 

(C) submits to the Secretary an application at such 

time, in such manner, and containing such information as 

the Secretary may require. 

SEC. 292. AUTHORIZATION OF APPROPRIATIONS. 

(a) IN GENERAL.—In addition to any other amounts authorized 

to be appropriated under this subtitle, there are authorized to be appropriated $10,000,000 for each of the fiscal years 2003, 2004, 2005, 

and 2006, and for each subsequent fiscal year such sums as may 

be necessary, for the purpose of making payments under section 

291(a); except that none of the funds provided by this subsection 

shall be used to initiate or otherwise participate in any litigation related to election-related disability access, notwithstanding the general authorities that the protection and advocacy systems are otherwise afforded under subtitle C of title I of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15041 

et seq.). 

39

(b) AVAILABILITY.—Any amounts appropriated pursuant to the 

authority of this section shall remain available until expended. 

PART 6—NATIONAL STUDENT AND PARENT MOCK 

ELECTION 

SEC. 295. NATIONAL STUDENT AND PARENT MOCK ELECTION. 

(a) IN GENERAL.—The Election Assistance Commission is authorized to award grants to the National Student and Parent Mock 

Election, a national nonprofit, nonpartisan organization that works 

to promote voter participation in American elections to enable it to 

carry out voter education activities for students and their parents. 

Such activities may—

(1) include simulated national elections at least 5 days before the actual election that permit participation by students 

and parents from each of the 50 States in the United States, its 

territories, the District of Columbia, and United States schools 

overseas; and 

(2) consist of—

(A) school forums and local cable call-in shows on the 

national issues to be voted upon in an ‘‘issues forum’’; 

(B) speeches and debates before students and parents 

by local candidates or stand-ins for such candidates; 

(C) quiz team competitions, mock press conferences, 

and speech writing competitions; 

(D) weekly meetings to follow the course of the campaign; or 

(E) school and neighborhood campaigns to increase 

voter turnout, including newsletters, posters, telephone 

chains, and transportation. 

(b) REQUIREMENT.—The National Student and Parent Mock 

Election shall present awards to outstanding student and parent 

mock election projects. 

SEC. 296. AUTHORIZATION OF APPROPRIATIONS. 

There are authorized to be appropriated to carry out the provisions of this subtitle $200,000 for fiscal year 2003 and such sums 

as may be necessary for each of the 6 succeeding fiscal years.

TITLE III—UNIFORM AND NONDISCRIMINATORY ELECTION TECHNOLOGY 

AND ADMINISTRATION REQUIREMENTS 

Subtitle A—Requirements 

SEC. 301. VOTING SYSTEMS STANDARDS. 

(a) REQUIREMENTS.—Each voting system used in an election for 

Federal office shall meet the following requirements: 

(1) IN GENERAL.—

(A) Except as provided in subparagraph (B), the voting 

system (including any lever voting system, optical scanning 

voting system, or direct recording electronic system) shall—

40

(i) permit the voter to verify (in a private and independent manner) the votes selected by the voter on the 

ballot before the ballot is cast and counted; 

(ii) provide the voter with the opportunity (in a private and independent manner) to change the ballot or 

correct any error before the ballot is cast and counted 

(including the opportunity to correct the error through 

the issuance of a replacement ballot if the voter was 

otherwise unable to change the ballot or correct any 

error); and 

(iii) if the voter selects votes for more than 1 candidate for a single office— (I) notify the voter that the voter has selected 

more than 1 candidate for a single office on the 

ballot; 

(II) notify the voter before the ballot is cast 

and counted of the effect of casting multiple votes 

for the office; and 

(III) provide the voter with the opportunity to 

correct the ballot before the ballot is cast and 

counted. 

(B) A State or jurisdiction that uses a paper ballot voting system, a punch card voting system, or a central count 

voting system (including mail-in absentee ballots and mailin ballots), may meet the requirements of subparagraph 

(A)(iii) by—

(i) establishing a voter education program specific 

to that voting system that notifies each voter of the effect of casting multiple votes for an office; and 

(ii) providing the voter with instructions on how to 

correct the ballot before it is cast and counted (including instructions on how to correct the error through the 

issuance of a replacement ballot if the voter was otherwise unable to change the ballot or correct any error). 

(C) The voting system shall ensure that any notification required under this paragraph preserves the privacy of 

the voter and the confidentiality of the ballot. 

(2) AUDIT CAPACITY.— (A) IN GENERAL.—The voting system shall produce a 

record with an audit capacity for such system. 

(B) MANUAL AUDIT CAPACITY.—

(i) The voting system shall produce a permanent 

paper record with a manual audit capacity for such 

system. 

(ii) The voting system shall provide the voter with 

an opportunity to change the ballot or correct any error 

before the permanent paper record is produced. 

(iii) The paper record produced under subparagraph (A) shall be available as an official record for 

any recount conducted with respect to any election in 

which the system is used. 

(3) ACCESSIBILITY FOR INDIVIDUALS WITH DISABILITIES.— The voting system shall— (A) be accessible for individuals with disabilities, including nonvisual accessibility for the blind and visually 

41

impaired, in a manner that provides the same opportunity 

for access and participation (including privacy and independence) as for other voters; 

(B) satisfy the requirement of subparagraph (A) 

through the use of at least 1 direct recording electronic voting system or other voting system equipped for individuals 

with disabilities at each polling place; and 

(C) if purchased with funds made available under title 

II on or after January 1, 2007, meet the voting system 

standards for disability access (as outlined in this paragraph). 

(4) ALTERNATIVE LANGUAGE ACCESSIBILITY.—The voting 

system shall provide alternative language accessibility pursuant 

to the requirements of section 203 of the Voting Rights Act of 

1965 (42 U.S.C. 1973aa–1a).

(5) ERROR RATES.—The error rate of the voting system in 

counting ballots (determined by taking into account only those 

errors which are attributable to the voting system and not attributable to an act of the voter) shall comply with the error 

rate standards established under section 3.2.1 of the voting systems standards issued by the Federal Election Commission 

which are in effect on the date of the enactment of this Act. 

(6) UNIFORM DEFINITION OF WHAT CONSTITUTES A VOTE.—

Each State shall adopt uniform and nondiscriminatory standards that define what constitutes a vote and what will be counted as a vote for each category of voting system used in the State. 

(b) VOTING SYSTEM DEFINED.—In this section, the term ‘‘voting 

system’’ means—

(1) the total combination of mechanical, electromechanical, 

or electronic equipment (including the software, firmware, and 

documentation required to program, control, and support the 

equipment) that is used—

(A) to define ballots; 

(B) to cast and count votes; 

(C) to report or display election results; and 

(D) to maintain and produce any audit trail information; and 

(2) the practices and associated documentation used—

(A) to identify system components and versions of such 

components; 

(B) to test the system during its development and 

maintenance; 

(C) to maintain records of system errors and defects; 

(D) to determine specific system changes to be made to 

a system after the initial qualification of the system; and 

(E) to make available any materials to the voter (such 

as notices, instructions, forms, or paper ballots). 

(c) CONSTRUCTION.—

(1) IN GENERAL.—Nothing in this section shall be construed 

to prohibit a State or jurisdiction which used a particular type 

of voting system in the elections for Federal office held in November 2000 from using the same type of system after the effective date of this section, so long as the system meets or is modified to meet the requirements of this section. 

42

(2) PROTECTION OF PAPER BALLOT VOTING SYSTEMS.—For 

purposes of subsection (a)(1)(A)(i), the term ‘‘verify’’ may not be 

defined in a manner that makes it impossible for a paper ballot 

voting system to meet the requirements of such subsection or to 

be modified to meet such requirements. 

(d) EFFECTIVE DATE.—Each State and jurisdiction shall be required to comply with the requirements of this section on and after 

January 1, 2006. 

SEC. 302. PROVISIONAL VOTING AND VOTING INFORMATION REQUIREMENTS. 

(a) PROVISIONAL VOTING REQUIREMENTS.—If an individual declares that such individual is a registered voter in the jurisdiction 

in which the individual desires to vote and that the individual is 

eligible to vote in an election for Federal office, but the name of the 

individual does not appear on the official list of eligible voters for 

the polling place or an election official asserts that the individual 

is not eligible to vote, such individual shall be permitted to cast a 

provisional ballot as follows: 

(1) An election official at the polling place shall notify the 

individual that the individual may cast a provisional ballot in 

that election. 

(2) The individual shall be permitted to cast a provisional 

ballot at that polling place upon the execution of a written affirmation by the individual before an election official at the polling place stating that the individual is— (A) a registered voter in the jurisdiction in which the 

individual desires to vote; and 

(B) eligible to vote in that election. 

(3) An election official at the polling place shall transmit 

the ballot cast by the individual or the voter information contained in the written affirmation executed by the individual 

under paragraph (2) to an appropriate State or local election official for prompt verification under paragraph (4). 

(4) If the appropriate State or local election official to 

whom the ballot or voter information is transmitted under 

paragraph (3) determines that the individual is eligible under 

State law to vote, the individual’s provisional ballot shall be 

counted as a vote in that election in accordance with State law. 

(5)(A) At the time that an individual casts a provisional 

ballot, the appropriate State or local election official shall give 

the individual written information that states that any individual who casts a provisional ballot will be able to ascertain 

under the system established under subparagraph (B) whether 

the vote was counted, and, if the vote was not counted, the reason that the vote was not counted. 

(B) The appropriate State or local election official shall establish a free access system (such as a toll-free telephone number or an Internet website) that any individual who casts a provisional ballot may access to discover whether the vote of that 

individual was counted, and, if the vote was not counted, the 

reason that the vote was not counted. 

States described in section 4(b) of the National Voter Registration 

Act of 1993 (42 U.S.C. 1973gg–2(b)) may meet the requirements of 

this subsection using voter registration procedures established under 

applicable State law. The appropriate State or local official shall esVerDate 0ct 02 2002 16:46 Oct 09, 2002 Jkt 019006 PO 00000 Frm 00042 Fmt 6659 Sfmt 6603 E:\HR\OC\HR730.XXX HR730
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tablish and maintain reasonable procedures necessary to protect the 

security, confidentiality, and integrity of personal information collected, stored, or otherwise used by the free access system established under paragraph (5)(B). Access to information about an individual provisional ballot shall be restricted to the individual who 

cast the ballot. 

(b) VOTING INFORMATION REQUIREMENTS.— (1) PUBLIC POSTING ON ELECTION DAY.—The appropriate 

State or local election official shall cause voting information to 

be publicly posted at each polling place on the day of each election for Federal office. 

(2) VOTING INFORMATION DEFINED.—In this section, the 

term ‘‘voting information’’ means— (A) a sample version of the ballot that will be used for 

that election; 

(B) information regarding the date of the election and 

the hours during which polling places will be open; 

(C) instructions on how to vote, including how to cast 

a vote and how to cast a provisional ballot; 

(D) instructions for mail-in registrants and first-time 

voters under section 303(b); 

(E) general information on voting rights under applicable Federal and State laws, including information on the 

right of an individual to cast a provisional ballot and instructions on how to contact the appropriate officials if 

these rights are alleged to have been violated; and 

(F) general information on Federal and State laws regarding prohibitions on acts of fraud and misrepresentation. 

(c) VOTERS WHO VOTE AFTER THE POLLS CLOSE.—Any individual who votes in an election for Federal office as a result of a 

Federal or State court order or any other order extending the time 

established for closing the polls by a State law in effect 10 days before the date of that election may only vote in that election by casting a provisional ballot under subsection (a). Any such ballot cast 

under the preceding sentence shall be separated and held apart 

from other provisional ballots cast by those not affected by the order. 

(d) EFFECTIVE DATE FOR PROVISIONAL VOTING AND VOTING IN- FORMATION.—Each State and jurisdiction shall be required to comply with the requirements of this section on and after January 1, 

2004. 

SEC. 303. COMPUTERIZED STATEWIDE VOTER REGISTRATION LIST REQUIREMENTS AND REQUIREMENTS FOR VOTERS WHO 

REGISTER BY MAIL. 

(a) COMPUTERIZED STATEWIDE VOTER REGISTRATION LIST REQUIREMENTS.—

(1) IMPLEMENTATION.—

(A) IN GENERAL.—Except as provided in subparagraph 

(B), each State, acting through the chief State election official, shall implement, in a uniform and nondiscriminatory 

manner, a single, uniform, official, centralized, interactive 

computerized statewide voter registration list defined, 

maintained, and administered at the State level that contains the name and registration information of every legally 

registered voter in the State and assigns a unique identifier 

44

to each legally registered voter in the State (in this subsection referred to as the ‘‘computerized list’’), and includes 

the following: 

(i) The computerized list shall serve as the single 

system for storing and managing the official list of registered voters throughout the State. 

(ii) The computerized list contains the name and 

registration information of every legally registered 

voter in the State. 

(iii) Under the computerized list, a unique identifier is assigned to each legally registered voter in the 

State. 

(iv) The computerized list shall be coordinated 

with other agency databases within the State. 

(v) Any election official in the State, including any 

local election official, may obtain immediate electronic 

access to the information contained in the computerized 

list. 

(vi) All voter registration information obtained by 

any local election official in the State shall be electronically entered into the computerized list on an expedited 

basis at the time the information is provided to the 

local official. 

(vii) The chief State election official shall provide 

such support as may be required so that local election 

officials are able to enter information as described in 

clause (vi). 

(viii) The computerized list shall serve as the official voter registration list for the conduct of all elections for Federal office in the State. 

(B) EXCEPTION.—The requirement under subparagraph 

(A) shall not apply to a State in which, under a State law 

in effect continuously on and after the date of the enactment of this Act, there is no voter registration requirement 

for individuals in the State with respect to elections for 

Federal office. 

(2) COMPUTERIZED LIST MAINTENANCE.— (A) IN GENERAL.—The appropriate State or local election official shall perform list maintenance with respect to 

the computerized list on a regular basis as follows: 

(i) If an individual is to be removed from the computerized list, such individual shall be removed in accordance with the provisions of the National Voter Registration Act of 1993 (42 U.S.C. 1973gg et seq.), including subsections (a)(4), (c)(2), (d), and (e) of section 8 of 

such Act (42 U.S.C. 1973gg–6). 

(ii) For purposes of removing names of ineligible 

voters from the official list of eligible voters— (I) under section 8(a)(3)(B) of such Act (42 

U.S.C. 1973gg–6(a)(3)(B)), the State shall coordinate the computerized list with State agency 

records on felony status; and 

(II) by reason of the death of the registrant 

under section 8(a)(4)(A) of such Act (42 U.S.C. 

1973gg–6(a)(4)(A)), the State shall coordinate the 

45

computerized list with State agency records on 

death. 

(iii) Notwithstanding the preceding provisions of 

this subparagraph, if a State is described in section 

4(b) of the National Voter Registration Act of 1993 (42 

U.S.C. 1973gg–2(b)), that State shall remove the names 

of ineligible voters from the computerized list in accordance with State law. 

(B) CONDUCT.—The list maintenance performed under 

subparagraph (A) shall be conducted in a manner that ensures that—

(i) the name of each registered voter appears in the 

computerized list; 

(ii) only voters who are not registered or who are 

not eligible to vote are removed from the computerized 

list; and 

(iii) duplicate names are eliminated from the computerized list. 

(3) TECHNOLOGICAL SECURITY OF COMPUTERIZED LIST.— The appropriate State or local official shall provide adequate 

technological security measures to prevent the unauthorized access to the computerized list established under this section. 

(4) MINIMUM STANDARD FOR ACCURACY OF STATE VOTER

REGISTRATION RECORDS.—The State election system shall include provisions to ensure that voter registration records in the 

State are accurate and are updated regularly, including the following: 

(A) A system of file maintenance that makes a reasonable effort to remove registrants who are ineligible to vote 

from the official list of eligible voters. Under such system, 

consistent with the National Voter Registration Act of 1993 

(42 U.S.C. 1973gg et seq.), registrants who have not responded to a notice and who have not voted in 2 consecutive general elections for Federal office shall be removed 

from the official list of eligible voters, except that no registrant may be removed solely by reason of a failure to vote. 

(B) Safeguards to ensure that eligible voters are not removed in error from the official list of eligible voters. 

(5) VERIFICATION OF VOTER REGISTRATION INFORMATION.— (A) REQUIRING PROVISION OF CERTAIN INFORMATION BY

APPLICANTS.—

(i) IN GENERAL.—Except as provided in clause (ii), 

notwithstanding any other provision of law, an application for voter registration for an election for Federal 

office may not be accepted or processed by a State unless the application includes—

(I) in the case of an applicant who has been 

issued a current and valid driver’s license, the applicant’s driver’s license number; or 

(II) in the case of any other applicant (other 

than an applicant to whom clause (ii) applies), the 

last 4 digits of the applicant’s social security number. 

(ii) SPECIAL RULE FOR APPLICANTS WITHOUT DRIVER’S LICENSE OR SOCIAL SECURITY NUMBER.—If an apVerDate 0ct 02 2002 16:46 Oct 09, 2002 Jkt 019006 PO 00000 Frm 00045 Fmt 6659 Sfmt 6603 E:\HR\OC\HR730.XXX HR730
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plicant for voter registration for an election for Federal 

office has not been issued a current and valid driver’s 

license or a social security number, the State shall assign the applicant a number which will serve to identify the applicant for voter registration purposes. To the 

extent that the State has a computerized list in effect 

under this subsection and the list assigns unique identifying numbers to registrants, the number assigned 

under this clause shall be the unique identifying number assigned under the list. 

(iii) DETERMINATION OF VALIDITY OF NUMBERS

PROVIDED.—The State shall determine whether the information provided by an individual is sufficient to 

meet the requirements of this subparagraph, in accordance with State law. 

(B) REQUIREMENTS FOR STATE OFFICIALS.—

(i) SHARING INFORMATION IN DATABASES.—The 

chief State election official and the official responsible 

for the State motor vehicle authority of a State shall 

enter into an agreement to match information in the 

database of the statewide voter registration system with 

information in the database of the motor vehicle authority to the extent required to enable each such official to verify the accuracy of the information provided 

on applications for voter registration. 

(ii) AGREEMENTS WITH COMMISSIONER OF SOCIAL

SECURITY.—The official responsible for the State motor 

vehicle authority shall enter into an agreement with 

the Commissioner of Social Security under section 

205(r)(8) of the Social Security Act (as added by subparagraph (C)). 

(C) ACCESS TO FEDERAL INFORMATION.—Section 205(r) 

of the Social Security Act (42 U.S.C. 405(r)) is amended by 

adding at the end the following new paragraph: 

‘‘(8)(A) The Commissioner of Social Security shall, upon the request of the official responsible for a State driver’s license agency 

pursuant to the Help America Vote Act of 2002—

‘‘(i) enter into an agreement with such official for the purpose of verifying applicable information, so long as the requirements of subparagraphs (A) and (B) of paragraph (3) are met; 

and 

‘‘(ii) include in such agreement safeguards to assure the 

maintenance of the confidentiality of any applicable information disclosed and procedures to permit such agency to use the 

applicable information for the purpose of maintaining its 

records. 

‘‘(B) Information provided pursuant to an agreement under this 

paragraph shall be provided at such time, in such place, and in 

such manner as the Commissioner determines appropriate. 

‘‘(C) The Commissioner shall develop methods to verify the accuracy of information provided by the agency with respect to applications for voter registration, for whom the last 4 digits of a social 

security number are provided instead of a driver’s license number. 

‘‘(D) For purposes of this paragraph—

47

‘‘(i) the term ‘applicable information’ means information regarding whether— ‘‘(I) the name (including the first name and any family 

forename or surname), the date of birth (including the 

month, day, and year), and social security number of an individual provided to the Commissioner match the information contained in the Commissioner’s records, and ‘‘(II) such individual is shown on the records of the 

Commissioner as being deceased; and

‘‘(ii) the term ‘State driver’s license agency’ means the State 

agency which issues driver’s licenses to individuals within the 

State and maintains records relating to such licensure. 

‘‘(E) Nothing in this paragraph may be construed to require the 

provision of applicable information with regard to a request for a 

record of an individual if the Commissioner determines there are exceptional circumstances warranting an exception (such as safety of 

the individual or interference with an investigation). ‘‘(F) Applicable information provided by the Commission pursuant to an agreement under this paragraph or by an individual to 

any agency that has entered into an agreement under this paragraph shall be considered as strictly confidential and shall be used 

only for the purposes described in this paragraph and for carrying 

out an agreement under this paragraph. Any officer or employee or 

former officer or employee of a State, or any officer or employee or 

former officer or employee of a contractor of a State who, without 

the written authority of the Commissioner, publishes or communicates any applicable information in such individual’s possession 

by reason of such employment or position as such an officer, shall 

be guilty of a felony and upon conviction thereof shall be fined or 

imprisoned, or both, as described in section 208.’’. (D) SPECIAL RULE FOR CERTAIN STATES.—In the case of 

a State which is permitted to use social security numbers, 

and provides for the use of social security numbers, on applications for voter registration, in accordance with section 

7 of the Privacy Act of 1974 (5 U.S.C. 552a note), the provisions of this paragraph shall be optional. 

(b) REQUIREMENTS FOR VOTERS WHO REGISTER BY MAIL.— (1) IN GENERAL.—Notwithstanding section 6(c) of the National Voter Registration Act of 1993 (42 U.S.C. 1973gg–4(c)) 

and subject to paragraph (3), a State shall, in a uniform and 

nondiscriminatory manner, require an individual to meet the 

requirements of paragraph (2) if— (A) the individual registered to vote in a jurisdiction by 

mail; and 

(B)(i) the individual has not previously voted in an 

election for Federal office in the State; or 

(ii) the individual has not previously voted in such an 

election in the jurisdiction and the jurisdiction is located in 

a State that does not have a computerized list that complies 

with the requirements of subsection (a). 

(2) REQUIREMENTS.—

(A) IN GENERAL.—An individual meets the requirements of this paragraph if the individual— (i) in the case of an individual who votes in person—

48

(I) presents to the appropriate State or local 

election official a current and valid photo identification; or 

(II) presents to the appropriate State or local 

election official a copy of a current utility bill, 

bank statement, government check, paycheck, or 

other government document that shows the name 

and address of the voter; or 

(ii) in the case of an individual who votes by mail, 

submits with the ballot— (I) a copy of a current and valid photo identification; or 

(II) a copy of a current utility bill, bank statement, government check, paycheck, or other government document that shows the name and address 

of the voter. 

(B) FAIL-SAFE VOTING.— (i) IN PERSON.—An individual who desires to vote 

in person, but who does not meet the requirements of 

subparagraph (A)(i), may cast a provisional ballot 

under section 302(a). 

(ii) BY MAIL.—An individual who desires to vote by 

mail but who does not meet the requirements of subparagraph (A)(ii) may cast such a ballot by mail and 

the ballot shall be counted as a provisional ballot in 

accordance with section 302(a). 

(3) INAPPLICABILITY.—Paragraph (1) shall not apply in the 

case of a person— (A) who registers to vote by mail under section 6 of the 

National Voter Registration Act of 1993 (42 U.S.C. 1973gg– 4) and submits as part of such registration either— (i) a copy of a current and valid photo identification; or 

(ii) a copy of a current utility bill, bank statement, 

government check, paycheck, or government document 

that shows the name and address of the voter; 

(B)(i) who registers to vote by mail under section 6 of 

the National Voter Registration Act of 1993 (42 U.S.C. 

1973gg–4) and submits with such registration either—

(I) a driver’s license number; or 

(II) at least the last 4 digits of the individual’s social security number; and 

(ii) with respect to whom a State or local election official matches the information submitted under clause (i) 

with an existing State identification record bearing the 

same number, name and date of birth as provided in such 

registration; or 

(C) who is—

(i) entitled to vote by absentee ballot under the 

Uniformed and Overseas Citizens Absentee Voting Act 

(42 U.S.C. 1973ff–1 et seq.); 

(ii) provided the right to vote otherwise than in 

person under section 3(b)(2)(B)(ii) of the Voting Accessibility for the Elderly and Handicapped Act (42 U.S.C. 

1973ee–1(b)(2)(B)(ii)); or

49

(iii) entitled to vote otherwise than in person under 

any other Federal law. 

(4) CONTENTS OF MAIL-IN REGISTRATION FORM.— (A) IN GENERAL.—The mail voter registration form developed under section 6 of the National Voter Registration 

Act of 1993 (42 U.S.C. 1973gg–4) shall include the following: 

(i) The question ‘‘Are you a citizen of the United 

States of America?’’ and boxes for the applicant to 

check to indicate whether the applicant is or is not a 

citizen of the United States. 

(ii) The question ‘‘Will you be 18 years of age on 

or before election day?’’ and boxes for the applicant to 

check to indicate whether or not the applicant will be 

18 years of age or older on election day. 

(iii) The statement ‘‘If you checked ‘no’ in response 

to either of these questions, do not complete this form.’’. (iv) A statement informing the individual that if 

the form is submitted by mail and the individual is 

registering for the first time, the appropriate information required under this section must be submitted 

with the mail-in registration form in order to avoid the 

additional identification requirements upon voting for 

the first time. 

(B) INCOMPLETE FORMS.—If an applicant for voter registration fails to answer the question included on the mail 

voter registration form pursuant to subparagraph (A)(i), the 

registrar shall notify the applicant of the failure and provide the applicant with an opportunity to complete the form 

in a timely manner to allow for the completion of the registration form prior to the next election for Federal office 

(subject to State law). 

(5) CONSTRUCTION.—Nothing in this subsection shall be 

construed to require a State that was not required to comply 

with a provision of the National Voter Registration Act of 1993 

(42 U.S.C. 1973gg et seq.) before the date of the enactment of 

this Act to comply with such a provision after such date. 

(c) PERMITTED USE OF LAST 4 DIGITS OF SOCIAL SECURITY

NUMBERS.—The last 4 digits of a social security number described 

in subsections (a)(5)(A)(i)(II) and (b)(3)(B)(i)(II) shall not be considered to be a social security number for purposes of section 7 of the 

Privacy Act of 1974 (5 U.S.C. 552a note). 

(d) EFFECTIVE DATE.—

(1) COMPUTERIZED STATEWIDE VOTER REGISTRATION LIST

REQUIREMENTS.—

(A) IN GENERAL.—Except as provided in subparagraph 

(B), each State and jurisdiction shall be required to comply 

with the requirements of subsection (a) on and after January 1, 2004. 

(B) WAIVER.—If a State or jurisdiction certifies to the 

Commission not later than January 1, 2004, that the State 

or jurisdiction will not meet the deadline described in subparagraph (A) for good cause and includes in the certification the reasons for the failure to meet such deadline, 

subparagraph (A) shall apply to the State or jurisdiction as 

50

if the reference in such subparagraph to ‘‘January 1, 2004’’

were a reference to ‘‘January 1, 2006’’. 

(2) REQUIREMENT FOR VOTERS WHO REGISTER BY MAIL.—

(A) IN GENERAL.—Each State and jurisdiction shall be 

required to comply with the requirements of subsection (b) 

on and after January 1, 2004, and shall be prepared to receive registration materials submitted by individuals described in subparagraph (B) on and after the date described in such subparagraph. 

(B) APPLICABILITY WITH RESPECT TO INDIVIDUALS.—The 

provisions of subsection (b) shall apply to any individual 

who registers to vote on or after January 1, 2003. 

SEC. 304. MINIMUM REQUIREMENTS. 

The requirements established by this title are minimum requirements and nothing in this title shall be construed to prevent a State 

from establishing election technology and administration requirements that are more strict than the requirements established under 

this title so long as such State requirements are not inconsistent 

with the Federal requirements under this title or any law described 

in section 906. 

SEC. 305. METHODS OF IMPLEMENTATION LEFT TO DISCRETION OF 

STATE. 

The specific choices on the methods of complying with the requirements of this title shall be left to the discretion of the State.

Subtitle B—Voluntary Guidance 

SEC. 311. ADOPTION OF VOLUNTARY GUIDANCE BY COMMISSION. 

(a) IN GENERAL.—To assist States in meeting the requirements 

of subtitle A, the Commission shall adopt voluntary guidance consistent with such requirements in accordance with the procedures 

described in section 312. 

(b) DEADLINES.—The Commission shall adopt the recommendations under this section not later than—

(1) in the case of the recommendations with respect to section 301, January 1, 2004; 

(2) in the case of the recommendations with respect to section 302, October 1, 2003; and 

(3) in the case of the recommendations with respect to section 303, October 1, 2003. 

(c) QUADRENNIAL UPDATE.—The Commission shall review and 

update recommendations adopted with respect to section 301 no less 

frequently than once every 4 years. 

SEC. 312. PROCESS FOR ADOPTION. 

The adoption of the voluntary guidance under this subtitle shall 

be carried out by the Commission in a manner that provides for 

each of the following: 

(1) Publication of notice of the proposed recommendations 

in the Federal Register. 

(2) An opportunity for public comment on the proposed recommendations. 

(3) An opportunity for a public hearing on the record. 

51

(4) Publication of the final recommendations in the Federal 

Register.

TITLE IV—ENFORCEMENT 

SEC. 401. ACTIONS BY THE ATTORNEY GENERAL FOR DECLARATORY 

AND INJUNCTIVE RELIEF. 

The Attorney General may bring a civil action against any 

State or jurisdiction in an appropriate United States District Court 

for such declaratory and injunctive relief (including a temporary restraining order, a permanent or temporary injunction, or other 

order) as may be necessary to carry out the uniform and nondiscriminatory election technology and administration requirements 

under sections 301, 302, and 303. 

SEC. 402. ESTABLISHMENT OF STATE-BASED ADMINISTRATIVE COMPLAINT PROCEDURES TO REMEDY GRIEVANCES. 

(a) ESTABLISHMENT OF STATE-BASED ADMINISTRATIVE COMPLAINT PROCEDURES TO REMEDY GRIEVANCES.—

(1) ESTABLISHMENT OF PROCEDURES AS CONDITION OF RECEIVING FUNDS.—If a State receives any payment under a program under this Act, the State shall be required to establish 

and maintain State-based administrative complaint procedures 

which meet the requirements of paragraph (2). 

(2) REQUIREMENTS FOR PROCEDURES.—The requirements of 

this paragraph are as follows: 

(A) The procedures shall be uniform and nondiscriminatory. 

(B) Under the procedures, any person who believes that 

there is a violation of any provision of title III (including 

a violation which has occurred, is occurring, or is about to 

occur) may file a complaint. 

(C) Any complaint filed under the procedures shall be 

in writing and notarized, and signed and sworn by the person filing the complaint. 

(D) The State may consolidate complaints filed under 

subparagraph (B). 

(E) At the request of the complainant, there shall be a 

hearing on the record. 

(F) If, under the procedures, the State determines that 

there is a violation of any provision of title III, the State 

shall provide the appropriate remedy. 

(G) If, under the procedures, the State determines that 

there is no violation, the State shall dismiss the complaint 

and publish the results of the procedures. 

(H) The State shall make a final determination with 

respect to a complaint prior to the expiration of the 90-day 

period which begins on the date the complaint is filed, unless the complainant consents to a longer period for making 

such a determination. 

(I) If the State fails to meet the deadline applicable 

under subparagraph (H), the complaint shall be resolved 

within 60 days under alternative dispute resolution procedures established for purposes of this section. The record 

and other materials from any proceedings conducted under 

52

the complaint procedures established under this section 

shall be made available for use under the alternative dispute resolution procedures. 

(b) REQUIRING ATTORNEY GENERAL APPROVAL OF COMPLIANCE

PLAN FOR STATES NOT RECEIVING FUNDS.—

(1) IN GENERAL.—Not later than January 1, 2004, each 

nonparticipating State shall elect—

(A) to certify to the Commission that the State meets 

the requirements of subsection (a) in the same manner as 

a State receiving a payment under this Act; or 

(B) to submit a compliance plan to the Attorney General which provides detailed information on the steps the 

State will take to ensure that it meets the requirements of 

title III. 

(2) STATES WITHOUT APPROVED PLAN DEEMED OUT OF COMPLIANCE.—A nonparticipating State (other than a State which 

makes the election described in paragraph (1)(A)) shall be 

deemed to not meet the requirements of title III if the Attorney 

General has not approved a compliance plan submitted by the 

State under this subsection. 

(3) NONPARTICIPATING STATE DEFINED.—In this section, a 

‘‘nonparticipating State’’ is a State which, during 2003, does 

not notify any office which is responsible for making payments 

to States under any program under this Act of its intent to participate in, and receive funds under, the program.

TITLE V—HELP AMERICA VOTE 

COLLEGE PROGRAM 

SEC. 501. ESTABLISHMENT OF PROGRAM. 

(a) IN GENERAL.—Not later than 1 year after the appointment 

of its members, the Election Assistance Commission shall develop a 

program to be known as the ‘‘Help America Vote College Program’’

(hereafter in this title referred to as the ‘‘Program’’). 

(b) PURPOSES OF PROGRAM.—The purpose of the Program shall 

be—

(1) to encourage students enrolled at institutions of higher 

education (including community colleges) to assist State and 

local governments in the administration of elections by serving 

as nonpartisan poll workers or assistants; and 

(2) to encourage State and local governments to use the 

services of the students participating in the Program. 

SEC. 502. ACTIVITIES UNDER PROGRAM. 

(a) IN GENERAL.—In carrying out the Program, the Commission 

(in consultation with the chief election official of each State) shall 

develop materials, sponsor seminars and workshops, engage in advertising targeted at students, make grants, and take such other actions as it considers appropriate to meet the purposes described in 

section 501(b). 

(b) REQUIREMENTS FOR GRANT RECIPIENTS.—In making grants 

under the Program, the Commission shall ensure that the funds 

provided are spent for projects and activities which are carried out 

without partisan bias or without promoting any particular point of 

53

view regarding any issue, and that each recipient is governed in a 

balanced manner which does not reflect any partisan bias. 

(c) COORDINATION WITH INSTITUTIONS OF HIGHER EDU- CATION.—The Commission shall encourage institutions of higher 

education (including community colleges) to participate in the Program, and shall make all necessary materials and other assistance 

(including materials and assistance to enable the institution to hold 

workshops and poll worker training sessions) available without 

charge to any institution which desires to participate in the Program. 

SEC. 503. AUTHORIZATION OF APPROPRIATIONS. 

In addition to any funds authorized to be appropriated to the 

Commission under section 210, there are authorized to be appropriated to carry out this title— (1) $5,000,000 for fiscal year 2003; and 

(2) such sums as may be necessary for each succeeding fiscal year. 

TITLE VI—HELP AMERICA VOTE 

FOUNDATION 

SEC. 601. HELP AMERICA VOTE FOUNDATION. 

(a) IN GENERAL.—Part B of subtitle II of title 36, United States 

Code, is amended by inserting after chapter 1525 the following: 

‘‘CHAPTER 1526—HELP AMERICA VOTE FOUNDATION

‘‘Sec. 

‘‘152601. Organization. 

‘‘152602. Purposes. 

‘‘152603. Board of directors. 

‘‘152604. Officers and employees. 

‘‘152605. Powers. 

‘‘152606. Principal office. 

‘‘152607. Service of process. 

‘‘152608. Annual audit. 

‘‘152609. Civil action by Attorney General for equitable relief. 

‘‘152610. Immunity of United States Government. 

‘‘152611. Authorization of appropriations. 

‘‘152612. Annual report.

‘‘§ 152601. Organization 

‘‘(a) FEDERAL CHARTER.—The Help America Vote Foundation 

(in this chapter, the ‘foundation’) is a federally chartered corporation. ‘‘(b) NATURE OF FOUNDATION.—The foundation is a charitable 

and nonprofit corporation and is not an agency or establishment of 

the United States Government. ‘‘(c) PERPETUAL EXISTENCE.—Except as otherwise provided, the 

foundation has perpetual existence.

‘‘§ 152602. Purposes 

‘‘(a) IN GENERAL.—The purposes of the foundation are to— ‘‘(1) mobilize secondary school students (including students 

educated in the home) in the United States to participate in the 

election process in a nonpartisan manner as poll workers or assistants (to the extent permitted under applicable State law); 

54

‘‘(2) place secondary school students (including students 

educated in the home) as nonpartisan poll workers or assistants 

to local election officials in precinct polling places across the 

United States (to the extent permitted under applicable State 

law); and 

‘‘(3) establish cooperative efforts with State and local election officials, local educational agencies, superintendents and 

principals of public and private secondary schools, and other 

appropriate nonprofit charitable and educational organizations 

exempt from taxation under section 501(a) of the Internal Revenue Code of 1986 as an organization described in section 

501(c)(3) of such Code to further the purposes of the foundation. 

‘‘(b) REQUIRING ACTIVITIES TO BE CARRIED OUT ON NONPARTISAN BASIS.—The foundation shall carry out its purposes without partisan bias or without promoting any particular point of view 

regarding any issue, and shall ensure that each participant in its 

activities is governed in a balanced manner which does not reflect 

any partisan bias. 

‘‘(c) CONSULTATION WITH STATE ELECTION OFFICIALS.—The 

foundation shall carry out its purposes under this section in consultation with the chief election officials of the States, the District 

of Columbia, the Commonwealth of Puerto Rico, Guam, American 

Samoa, and the United States Virgin Islands. 

‘‘§ 152603. Board of directors 

‘‘(a) GENERAL.—The board of directors is the governing body of 

the foundation. 

‘‘(b) MEMBERS AND APPOINTMENT.—(1) The board consists of 12 

directors, who shall be appointed not later than 60 days after the 

date of the enactment of this chapter as follows: 

‘‘(A) 4 directors (of whom not more than 2 may be members 

of the same political party) shall be appointed by the President. 

‘‘(B) 2 directors shall be appointed by the Speaker of the 

House of Representatives. 

‘‘(C) 2 directors shall be appointed by the Minority Leader 

of the House of Representatives. 

‘‘(D) 2 directors shall be appointed by the Majority Leader 

of the Senate. 

‘‘(E) 2 directors shall be appointed by the Minority Leader 

of the Senate. 

‘‘(2) In addition to the directors described in paragraph (1), the 

chair and ranking minority member of the Committee on House Administration of the House of Representatives (or their designees) and 

the chair and ranking minority member of the Committee on Rules 

and Administration of the Senate (or their designees) shall each 

serve as an ex officio nonvoting member of the board. 

‘‘(3) A director is not an employee of the Federal Government 

and appointment to the board does not constitute appointment as an 

officer or employee of the United States Government for the purpose 

of any law of the United States (except as may otherwise be provided in this chapter). 

‘‘(4) The terms of office of the directors are 4 years. 

‘‘(5) A vacancy on the board shall be filled in the manner in 

which the original appointment was made. 

55

‘‘(c) CHAIR.—The directors shall select 1 of the directors as the 

chair of the board. The individual selected may not be a current or 

former holder of any partisan elected office or a current or former 

officer of any national committee of a political party. ‘‘(d) QUORUM.—The number of directors constituting a quorum 

of the board shall be established under the bylaws of the foundation. ‘‘(e) MEETINGS.—The board shall meet at the call of the chair 

of the board for regularly scheduled meetings, except that the board 

shall meet not less often than annually. ‘‘(f) REIMBURSEMENT OF EXPENSES.—Directors shall serve without compensation but may receive travel expenses, including per 

diem in lieu of subsistence, in accordance with sections 5702 and 

5703 of title 5. ‘‘(g) LIABILITY OF DIRECTORS.—Directors are not personally liable, except for gross negligence. 

‘‘§ 152604. Officers and employees 

‘‘(a) APPOINTMENT OF OFFICERS AND EMPLOYEES.—The board of 

directors appoints, removes, and replaces officers and employees of 

the foundation. ‘‘(b) STATUS AND COMPENSATION OF EMPLOYEES.— ‘‘(1) IN GENERAL.—Officers and employees of the foundation— ‘‘(A) are not employees of the Federal Government (except as may otherwise be provided in this chapter); ‘‘(B) shall be appointed and removed without regard to 

the provisions of title 5 governing appointments in the competitive service; and ‘‘(C) may be paid without regard to chapter 51 and 

subchapter III of chapter 53 of title 5. 

‘‘(2) AVAILABILITY OF FEDERAL EMPLOYEE RATES FOR TRAV- EL.—For purposes of any schedules of rates negotiated by the 

Administrator of General Services for the use of employees of 

the Federal Government who travel on official business, officers 

and employees of the foundation who travel while engaged in 

the performance of their duties under this chapter shall be 

deemed to be employees of the Federal Government. 

‘‘§ 152605. Powers 

‘‘(a) IN GENERAL.—The foundation may—

‘‘(1) adopt a constitution and bylaws; 

‘‘(2) adopt a seal which shall be judicially noticed; and 

‘‘(3) do any other act necessary to carry out this chapter. 

‘‘(b) POWERS AS TRUSTEE.—To carry out its purposes, the foundation has the usual powers of a corporation acting as a trustee in 

the District of Columbia, including the power—

‘‘(1) to accept, receive, solicit, hold, administer, and use any 

gift, devise, or bequest, either absolutely or in trust, of property 

or any income from or other interest in property; ‘‘(2) to acquire property or an interest in property by purchase or exchange; ‘‘(3) unless otherwise required by an instrument of transfer, 

to sell, donate, lease, invest, or otherwise dispose of any property or income from property; 

56

‘‘(4) to borrow money and issue instruments of indebtedness; ‘‘(5) to make contracts and other arrangements with public 

agencies and private organizations and persons and to make 

payments necessary to carry out its functions; ‘‘(6) to sue and be sued; and 

‘‘(7) to do any other act necessary and proper to carry out 

the purposes of the foundation. 

‘‘(c) ENCUMBERED OR RESTRICTED GIFTS.—A gift, devise, or bequest may be accepted by the foundation even though it is encumbered, restricted, or subject to beneficial interests of private persons, 

if any current or future interest is for the benefit of the foundation. ‘‘(d) CONTRACTS.—The foundation may enter into such contracts 

with public and private entities as it considers appropriate to carry 

out its purposes. ‘‘(e) ANNUAL CONFERENCE IN WASHINGTON METROPOLITAN

AREA.—During each year (beginning with 2003), the foundation 

may sponsor a conference in the Washington, D.C. metropolitan 

area to honor secondary school students and other individuals who 

have served (or plan to serve) as poll workers and assistants and 

who have otherwise participated in the programs and activities of 

the foundation. 

‘‘§ 152606. Principal office 

‘‘The principal office of the foundation shall be in the District 

of Columbia unless the board of directors determines otherwise. 

However, the foundation may conduct business throughout the 

States, territories, and possessions of the United States. 

‘‘§ 152607. Service of process 

‘‘The foundation shall have a designated agent to receive service 

of process for the foundation. Notice to or service on the agent, or 

mailed to the business address of the agent, is notice to or service 

on the foundation. 

‘‘§ 152608. Annual audit 

‘‘The foundation shall enter into a contract with an independent 

auditor to conduct an annual audit of the foundation. 

‘‘§ 152609. Civil action by Attorney General for equitable relief 

‘‘The Attorney General may bring a civil action in the United 

States District Court for the District of Columbia for appropriate equitable relief if the foundation—

‘‘(1) engages or threatens to engage in any act, practice, or 

policy that is inconsistent with the purposes in section 152602 

of this title; or 

‘‘(2) refuses, fails, or neglects to carry out its obligations 

under this chapter or threatens to do so. 

‘‘§ 152610. Immunity of United States Government 

‘‘The United States Government is not liable for any debts, defaults, acts, or omissions of the foundation. The full faith and credit 

of the Government does not extend to any obligation of the foundation. 

57

‘‘§ 152611. Authorization of appropriations 

‘‘There are authorized to be appropriated to the foundation for 

carrying out the purposes of this chapter—

‘‘(1) $5,000,000 for fiscal year 2003; and 

‘‘(2) such sums as may be necessary for each succeeding fiscal year.

‘‘§ 152612. Annual report 

‘‘As soon as practicable after the end of each fiscal year, the 

foundation shall submit a report to the Commission, the President, 

and Congress on the activities of the foundation during the prior fiscal year, including a complete statement of its receipts, expenditures, and investments. Such report shall contain information gathered from participating secondary school students describing the nature of the work they performed in assisting local election officials 

and the value they derived from the experience of educating participants about the electoral process.’’. (b) CLERICAL AMENDMENT.—The table of chapters for part B of 

subtitle II of title 36, United States Code, is amended by inserting 

after the item relating to chapter 1525 the following new item:

‘‘1526. Help America Vote Foundation .................................................... 152601’’.

TITLE VII—VOTING RIGHTS OF MILITARY MEMBERS AND OVERSEAS CITIZENS 

SEC. 701. VOTING ASSISTANCE PROGRAMS. 

(a) VOTING ASSISTANCE OFFICERS.—Subsection (f) of section 

1566 of title 10, United States Code, as added by section 1602(a) of 

the National Defense Authorization Act for Fiscal Year 2002 (Public 

Law 107–107; 115 Stat. 1274), is amended—

(1) by striking ‘‘Voting assistance’’ in the first sentence and 

inserting ‘‘(1) Voting assistance’’; and 

(2) by adding at the end the following new paragraph: 

‘‘(2) Under regulations and procedures (including directives) 

prescribed by the Secretary, a member of the armed forces appointed 

or assigned to duty as a voting assistance officer shall, to the maximum extent practicable, be given the time and resources needed to 

perform the member’s duties as a voting assistance officer during 

the period in advance of a general election when members and their 

dependents are preparing and submitting absentee ballots.’’. 

(b) POSTMARKING OF OVERSEAS VOTING MATERIALS.—Subsection (g)(2) of such section is amended by adding at the end the 

following: ‘‘The Secretary shall, to the maximum extent practicable, 

implement measures to ensure that a postmark or other official 

proof of mailing date is provided on each absentee ballot collected 

at any overseas location or vessel at sea whenever the Department 

of Defense is responsible for collecting mail for return shipment to 

the United States. The Secretary shall ensure that the measures implemented under the preceding sentence do not result in the delivery 

of absentee ballots to the final destination of such ballots after the 

date on which the election for Federal office is held. Not later than 

the date that is 6 months after the date of the enactment of the Help 

58

America Vote Act of 2002, the Secretary shall submit to Congress 

a report describing the measures to be implemented to ensure the 

timely transmittal and postmarking of voting materials and identifying the persons responsible for implementing such measures.’’. (c) PROVIDING NOTICE OF DEADLINES AND REQUIREMENTS.— Such section is amended by adding at the end the following new 

subsection: ‘‘(h) NOTICE OF DEADLINES AND REQUIREMENTS.—The Secretary 

of each military department, utilizing the voting assistance officer 

network established for each military installation, shall, to the maximum extent practicable, provide notice to members of the Armed 

Forces stationed at that installation of the last date before a general 

Federal election for which absentee ballots mailed from a postal facility located at that installation can reasonably be expected to be 

timely delivered to the appropriate State and local election officials.’’. 

(d) REGISTRATION AND VOTING INFORMATION FOR MEMBERS

AND DEPENDENTS.—Such section is further amended by adding at 

the end the following new subsection: ‘‘(i) REGISTRATION AND VOTING INFORMATION FOR MEMBERS

AND DEPENDENTS.—(1) The Secretary of each military department, 

using a variety of means including both print and electronic media, 

shall, to the maximum extent practicable, ensure that members of 

the Armed Forces and their dependents who are qualified to vote 

have ready access to information regarding voter registration requirements and deadlines (including voter registration), absentee 

ballot application requirements and deadlines, and the availability 

of voting assistance officers to assist members and dependents to 

understand and comply with these requirements. ‘‘(2) The Secretary of each military department shall make the 

national voter registration form prepared for purposes of the Uniformed and Overseas Citizens Absentee Voting Act by the Federal 

Election Commission available so that each person who enlists shall 

receive such form at the time of the enlistment, or as soon thereafter 

as practicable. 

‘‘(3) Where practicable, a special day or days shall be designated at each military installation for the purpose of informing 

members of the Armed Forces and their dependents of election timing, registration requirements, and voting procedures.’’. 

SEC. 702. DESIGNATION OF SINGLE STATE OFFICE TO PROVIDE INFORMATION ON REGISTRATION AND ABSENTEE BALLOTS FOR 

ALL VOTERS IN STATE. 

Section 102 of the Uniformed and Overseas Citizens Absentee 

Voting Act (42 U.S.C. 1973ff–1) is amended—

(1) by inserting ‘‘(a) IN GENERAL.—’’ before ‘‘Each State’’; 

and 

(2) by adding at the end the following new subsection: 

‘‘(b) DESIGNATION OF SINGLE STATE OFFICE TO PROVIDE INFORMATION ON REGISTRATION AND ABSENTEE BALLOT PROCEDURES FOR

ALL VOTERS IN STATE.— ‘‘(1) IN GENERAL.—Each State shall designate a single office 

which shall be responsible for providing information regarding 

voter registration procedures and absentee ballot procedures to 

be used by absent uniformed services voters and overseas voters 

with respect to elections for Federal office (including procedures 

59

relating to the use of the Federal write-in absentee ballot) to all 

absent uniformed services voters and overseas voters who wish 

to register to vote or vote in any jurisdiction in the State. ‘‘(2) RECOMMENDATION REGARDING USE OF OFFICE TO AC- CEPT AND PROCESS MATERIALS.—Congress recommends that the 

State office designated under paragraph (1) be responsible for 

carrying out the State’s duties under this Act, including accepting valid voter registration applications, absentee ballot applications, and absentee ballots (including Federal write-in absentee ballots) from all absent uniformed services voters and overseas voters who wish to register to vote or vote in any jurisdiction in the State.’’. 

SEC. 703. REPORT ON ABSENTEE BALLOTS TRANSMITTED AND RECEIVED AFTER GENERAL ELECTIONS. 

(a) IN GENERAL.—Section 102 of the Uniformed and Overseas 

Citizens Absentee Voting Act (42 U.S.C. 1973ff–1), as amended by 

section 702, is amended by adding at the end the following new subsection: ‘‘(c) REPORT ON NUMBER OF ABSENTEE BALLOTS TRANSMITTED

AND RECEIVED.—Not later than 90 days after the date of each regularly scheduled general election for Federal office, each State and 

unit of local government which administered the election shall 

(through the State, in the case of a unit of local government) submit 

a report to the Election Assistance Commission (established under 

the Help America Vote Act of 2002) on the combined number of absentee ballots transmitted to absent uniformed services voters and 

overseas voters for the election and the combined number of such 

ballots which were returned by such voters and cast in the election, 

and shall make such report available to the general public.’’. (b) DEVELOPMENT OF STANDARDIZED FORMAT FOR REPORTS.— The Election Assistance Commission, working with the Election Assistance Commission Board of Advisors and the Election Assistance 

Commission Standards Board, shall develop a standardized format 

for the reports submitted by States and units of local government 

under section 102(c) of the Uniformed and Overseas Citizens Absentee Voting Act (as added by subsection (a)), and shall make the format available to the States and units of local government submitting such reports. 

SEC. 704. EXTENSION OF PERIOD COVERED BY SINGLE ABSENTEE BALLOT APPLICATION. 

Section 104(a) of the Uniformed and Overseas Citizens Absentee 

Voting Act (42 U.S.C. 1973ff–1), as amended by section 1606(b) of 

the National Defense Authorization Act for Fiscal Year 2002 (Public 

Law 107–107; 115 Stat. 1279), is amended by striking ‘‘during that 

year,’’ and all that follows and inserting the following: ‘‘through the 

next 2 regularly scheduled general elections for Federal office (including any runoff elections which may occur as a result of the outcome of such general elections), the State shall provide an absentee 

ballot to the voter for each such subsequent election.’’. 

SEC. 705. ADDITIONAL DUTIES OF PRESIDENTIAL DESIGNEE UNDER 

UNIFORMED AND OVERSEAS CITIZENS ABSENTEE VOTING 

ACT. 

(a) EDUCATING ELECTION OFFICIALS ON RESPONSIBILITIES

UNDER ACT.—Section 101(b)(1) of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff(b)(1)) is amended by 

60

striking the semicolon at the end and inserting the following: ‘‘, and 

ensure that such officials are aware of the requirements of this 

Act;’’. 

(b) DEVELOPMENT OF STANDARD OATH FOR USE WITH MATE- RIALS.— (1) IN GENERAL.—Section 101(b) of such Act (42 U.S.C. 

1973ff(b)) is amended— (A) by striking ‘‘and’’ at the end of paragraph (5); 

(B) by striking the period at the end of paragraph (6) 

and inserting ‘‘; and’’; and 

(C) by adding at the end the following new paragraph: ‘‘(7) prescribe a standard oath for use with any document 

under this title affirming that a material misstatement of fact 

in the completion of such a document may constitute grounds 

for a conviction for perjury.’’. (2) REQUIRING STATES TO USE STANDARD OATH.—Section 

102(a) of such Act (42 U.S.C. 1973ff–1(b)), as amended by section 702, is amended— (A) by striking ‘‘and’’ at the end of paragraph (3); 

(B) by striking the period at the end of paragraph (4) 

and inserting ‘‘; and’’; and 

(C) by adding at the end the following new paragraph: 

‘‘(5) if the State requires an oath or affirmation to accompany any document under this title, use the standard oath prescribed by the Presidential designee under section 101(b)(7).’’. 

(c) PROVIDING STATISTICAL ANALYSIS OF VOTER PARTICIPATION

FOR BOTH OVERSEAS VOTERS AND ABSENT UNIFORMED SERVICES

VOTERS.—Section 101(b)(6) of such Act (42 U.S.C. 1973ff(b)(6)) is 

amended by striking ‘‘a general assessment’’ and inserting ‘‘a separate statistical analysis’’.

SEC. 706. PROHIBITION OF REFUSAL OF VOTER REGISTRATION AND 

ABSENTEE BALLOT APPLICATIONS ON GROUNDS OF 

EARLY SUBMISSION. 

(a) IN GENERAL.—Section 104 of the Uniformed and Overseas 

Citizens Absentee Voting Act (42 U.S.C. 1973ff–3), as amended by 

section 1606(b) of the National Defense Authorization Act for Fiscal 

Year 2002 (Public Law 107–107; 115 Stat. 1279), is amended by 

adding at the end the following new subsection: ‘‘(e) PROHIBITION OF REFUSAL OF APPLICATIONS ON GROUNDS

OF EARLY SUBMISSION.—A State may not refuse to accept or process, 

with respect to any election for Federal office, any otherwise valid 

voter registration application or absentee ballot application (including the postcard form prescribed under section 101) submitted by an 

absent uniformed services voter during a year on the grounds that 

the voter submitted the application before the first date on which the 

State otherwise accepts or processes such applications for that year 

submitted by absentee voters who are not members of the uniformed 

services.’’. (b) EFFECTIVE DATE.—The amendment made by subsection (a) 

shall apply with respect to elections for Federal office that occur 

after January 1, 2004. 

SEC. 707. OTHER REQUIREMENTS TO PROMOTE PARTICIPATION OF 

OVERSEAS AND ABSENT UNIFORMED SERVICES VOTERS. 

Section 102 of the Uniformed and Overseas Citizens Absentee 

Voting Act (42 U.S.C. 1973ff–1), as amended by the preceding proviVerDate 0ct 02 2002 16:46 Oct 09, 2002 Jkt 019006 PO 00000 Frm 00060 Fmt 6659 Sfmt 6603 E:\HR\OC\HR730.XXX HR730
61

sions of this title, is amended by adding at the end the following 

new subsection: ‘‘(d) REGISTRATION NOTIFICATION.—With respect to each absent 

uniformed services voter and each overseas voter who submits a 

voter registration application or an absentee ballot request, if the 

State rejects the application or request, the State shall provide the 

voter with the reasons for the rejection.’’. 

TITLE VIII—TRANSITION PROVISIONS 

Subtitle A—Transfer to Commission of 

Functions Under Certain Laws 

SEC. 801. FEDERAL ELECTION CAMPAIGN ACT OF 1971. 

(a) TRANSFER OF FUNCTIONS OF OFFICE OF ELECTION ADMINIS- TRATION OF FEDERAL ELECTION COMMISSION.—There are transferred to the Election Assistance Commission established under section 201 all functions which the Office of Election Administration, 

established within the Federal Election Commission, exercised before the date of the enactment of this Act. 

(b) CONFORMING AMENDMENT.—Section 311(a) of the Federal 

Election Campaign Act of 1971 (2 U.S.C. 438(a)) is amended— (1) in paragraph (8), by inserting ‘‘and’’ at the end; 

(2) in paragraph (9), by striking ‘‘; and’’ and inserting a period; and 

(3) by striking paragraph (10) and the second and third 

sentences. 

SEC. 802. NATIONAL VOTER REGISTRATION ACT OF 1993. 

(a) TRANSFER OF FUNCTIONS.—There are transferred to the 

Election Assistance Commission established under section 201 all 

functions which the Federal Election Commission exercised under 

section 9(a) of the National Voter Registration Act of 1993 (42 

U.S.C. 1973gg–7(a)) before the date of the enactment of this Act. 

(b) CONFORMING AMENDMENT.—Section 9(a) of the National 

Voter Registration Act of 1993 (42 U.S.C. 1973gg–7(a)) is amended 

by striking ‘‘Federal Election Commission’’ and inserting ‘‘Election 

Assistance Commission’’. 

SEC. 803. TRANSFER OF PROPERTY, RECORDS, AND PERSONNEL. 

(a) PROPERTY AND RECORDS.—The contracts, liabilities, records, 

property, and other assets and interests of, or made available in 

connection with, the offices and functions of the Federal Election 

Commission which are transferred by this subtitle are transferred 

to the Election Assistance Commission for appropriate allocation. 

(b) PERSONNEL.—

(1) IN GENERAL.—The personnel employed in connection 

with the offices and functions of the Federal Election Commission which are transferred by this subtitle are transferred to the 

Election Assistance Commission. 

(2) EFFECT.—Any full-time or part-time personnel employed 

in permanent positions shall not be separated or reduced in 

grade or compensation because of the transfer under this subsection during the 1-year period beginning on the date of the enactment of this Act. 

62

SEC. 804. EFFECTIVE DATE; TRANSITION. 

(a) EFFECTIVE DATE.—This title and the amendments made by 

this title shall take effect upon the appointment of all members of 

the Election Assistance Commission under section 203. 

(b) TRANSITION.—With the consent of the entity involved, the 

Election Assistance Commission is authorized to utilize the services 

of such officers, employees, and other personnel of the entities from 

which functions have been transferred to the Election Assistance 

Commission under this title or the amendments made by this title 

for such period of time as may reasonably be needed to facilitate the 

orderly transfer of such functions. 

(c) NO EFFECT ON AUTHORITIES OF OFFICE OF ELECTION ADMINISTRATION PRIOR TO APPOINTMENT OF MEMBERS OF COMMISSION.—During the period which begins on the date of the enactment 

of this Act and ends on the effective date described in subsection (a), 

the Office of Election Administration of the Federal Election Commission shall continue to have the authority to carry out any of the 

functions (including the development of voluntary standards for voting systems and procedures for the certification of voting systems) 

which it has the authority to carry out as of the date of the enactment of this Act. 

Subtitle B—Coverage of Commission Under 

Certain Laws and Programs 

SEC. 811. TREATMENT OF COMMISSION PERSONNEL UNDER CERTAIN 

CIVIL SERVICE LAWS. 

(a) COVERAGE UNDER HATCH ACT.—Section 7323(b)(2)(B)(i)(I) 

of title 5, United States Code, is amended by inserting ‘‘or the Election Assistance Commission’’ after ‘‘Commission’’. 

(b) EXCLUSION FROM SENIOR EXECUTIVE SERVICE.—Section 

3132(a)(1)(C) of title 5, United States Code, is amended by inserting 

‘‘or the Election Assistance Commission’’ after ‘‘Commission’’. 

SEC. 812. COVERAGE UNDER INSPECTOR GENERAL ACT OF 1978. 

(a) IN GENERAL.—Section 8G(a)(2) of the Inspector General Act 

of 1978 (5 U.S.C. App.) is amended by inserting ‘‘the Election Assistance Commission,’’ after ‘‘Federal Election Commission,’’. 

(b) EFFECTIVE DATE.—The amendment made by subsection (a) 

shall take effect 180 days after the appointment of all members of 

the Election Assistance Commission under section 203. 

TITLE IX—MISCELLANEOUS 

PROVISIONS 

SEC. 901. STATE DEFINED. 

In this Act, the term ‘‘State’’ includes the District of Columbia, 

the Commonwealth of Puerto Rico, Guam, American Samoa, and 

the United States Virgin Islands. 

SEC. 902. AUDITS AND REPAYMENT OF FUNDS. 

(a) RECORDKEEPING REQUIREMENT.—Each recipient of a grant 

or other payment made under this Act shall keep such records with 

respect to the payment as are consistent with sound accounting 

63

principles, including records which fully disclose the amount and 

disposition by such recipient of funds, the total cost of the project 

or undertaking for which such funds are used, and the amount of 

that portion of the cost of the project or undertaking supplied by 

other sources, and such other records as will facilitate an effective 

audit. 

(b) AUDITS AND EXAMINATIONS.—

(1) AUDITS AND EXAMINATIONS.—Except as provided in 

paragraph (5), each office making a grant or other payment 

under this Act, or any duly authorized representative of such office, may audit or examine any recipient of the grant or payment and shall have access for the purpose of audit and examination to any books, documents, papers, and records of the recipient which in the opinion of the entity may be related or pertinent to the grant or payment. 

(2) RECIPIENTS OF ASSISTANCE SUBJECT TO PROVISIONS OF

SECTION.—The provisions of this section shall apply to all recipients of grants or other payments under this Act, whether by 

direct grant, cooperative agreement, or contract under this Act 

or by subgrant or subcontract from primary grantees or contractors under this Act. 

(3) MANDATORY AUDIT.—In addition to audits conducted 

pursuant to paragraph (1), all funds provided under this Act 

shall be subject to mandatory audit by the Comptroller General 

at least once during the lifetime of the program involved. For 

purposes of an audit under this paragraph, the Comptroller 

General shall have access to books, documents, papers, and 

records of recipients of funds in the same manner as the office 

making the grant or payment involved has access to such books, 

documents, papers, and records under paragraph (1). 

(4) SPECIAL RULE FOR PAYMENTS BY GENERAL SERVICES ADMINISTRATION.—With respect to any grant or payment made 

under this Act by the Administrator of General Services, the 

Election Assistance Commission shall be deemed to be the office 

making the grant or payment for purposes of this section. 

(5) SPECIAL RULE.—In the case of grants or payments made 

under section 251, audits and examinations conducted under 

paragraph (1) shall be performed on a regular basis (as determined by the Commission). 

(6) SPECIAL RULES FOR AUDITS BY THE COMMISSION.—In 

addition to the audits described in paragraph (1), the Election 

Assistance Commission may conduct a special audit or special 

examination of a recipient described in paragraph (1) upon a 

vote of the Commission. 

(c) RECOUPMENT OF FUNDS.—If the Comptroller General determines as a result of an audit conducted under subsection (b) that—

(1) a recipient of funds under this Act is not in compliance 

with each of the requirements of the program under which the 

funds are provided; or 

(2) an excess payment has been made to the recipient under 

the program, 

the recipient shall pay to the office which made the grant or payment involved a portion of the funds provided which reflects the 

proportion of the requirements with which the recipient is not in 

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compliance, or the extent to which the payment is in excess, under 

the program involved. 

SEC. 903. CLARIFICATION OF ABILITY OF ELECTION OFFICIALS TO REMOVE REGISTRANTS FROM OFFICIAL LIST OF VOTERS ON 

GROUNDS OF CHANGE OF RESIDENCE. 

Section 8(b)(2) of the National Voter Registration Act of 1993 

(42 U.S.C. 1973gg–6(b)(2)) is amended by striking the period at the 

end and inserting the following: ‘‘, except that nothing in this paragraph may be construed to prohibit a State from using the procedures described in subsections (c) and (d) to remove an individual 

from the official list of eligible voters if the individual—

‘‘(A) has not either notified the applicable registrar (in 

person or in writing) or responded during the period described in subparagraph (B) to the notice sent by the applicable registrar; and then 

‘‘(B) has not voted or appeared to vote in 2 or more consecutive general elections for Federal office.’’. 

SEC. 904. REVIEW AND REPORT ON ADEQUACY OF EXISTING ELECTORAL FRAUD STATUTES AND PENALTIES. 

(a) REVIEW.—The Attorney General shall conduct a review of existing criminal statutes concerning election offenses to determine—

(1) whether additional statutory offenses are needed to secure the use of the Internet for election purposes; and 

(2) whether existing penalties provide adequate punishment 

and deterrence with respect to such offenses. 

(b) REPORT.—The Attorney General shall submit a report to the 

Committees on the Judiciary of the Senate and House of Representatives, the Committee on Rules and Administration of the Senate, 

and the Committee on House Administration of the House of Representatives on the review conducted under subsection (a) together 

with such recommendations for legislative and administrative action as the Attorney General determines appropriate. 

SEC. 905. OTHER CRIMINAL PENALTIES. 

(a) CONSPIRACY TO DEPRIVE VOTERS OF A FAIR ELECTION.—

Any individual who knowingly and willfully gives false information 

in registering or voting in violation of section 11(c) of the National 

Voting Rights Act of 1965 (42 U.S.C. 1973i(c)), or conspires with another to violate such section, shall be fined or imprisoned, or both, 

in accordance with such section. 

(b) FALSE INFORMATION IN REGISTERING AND VOTING.—Any individual who knowingly commits fraud or knowingly makes a false 

statement with respect to the naturalization, citizenry, or alien registry of such individual in violation of section 1015 of title 18, 

United States Code, shall be fined or imprisoned, or both, in accordance with such section. 

SEC. 906. NO EFFECT ON OTHER LAWS. 

(a) IN GENERAL.—Except as specifically provided in section 

303(b) of this Act with regard to the National Voter Registration Act 

of 1993 (42 U.S.C. 1973gg et seq.), nothing in this Act may be construed to authorize or require conduct prohibited under any of the 

following laws, or to supersede, restrict, or limit the application of 

such laws: 

(1) The Voting Rights Act of 1965 (42 U.S.C. 1973 et seq.). 

65

(2) The Voting Accessibility for the Elderly and Handicapped Act (42 U.S.C. 1973ee et seq.). 

(3) The Uniformed and Overseas Citizens Absentee Voting 

Act (42 U.S.C. 1973ff et seq.). 

(4) The National Voter Registration Act of 1993 (42 U.S.C. 

1973gg et seq.). 

(5) The Americans with Disabilities Act of 1990 (42 U.S.C. 

12101 et seq.). 

(6) The Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.). 

(b) NO EFFECT ON PRECLEARANCE OR OTHER REQUIREMENTS

UNDER VOTING RIGHTS ACT.—The approval by the Administrator or 

the Commission of a payment or grant application under title I or 

title II, or any other action taken by the Commission or a State 

under such title, shall not be considered to have any effect on requirements for preclearance under section 5 of the Voting Rights Act 

of 1965 (42 U.S.C. 1973c) or any other requirements of such Act.

And the Senate agreed to the same.

From the Committee on House Administration, for consideration of the House bill and the Senate amendments, and 

modifications committed to conference: 

ROBERT NEY, VERNON J. EHLERS, JOHN T. DOOLITTLE, THOMAS M. REYNOLDS, STENY H. HOYER, CHAKA FATTAH, JIM DAVIS, From the Committee on Armed Services, for consideration 

of secs. 601 and 606 of the House bill, and sec. 404 of the 

Senate amendments, and modifications committed to conference: 

BOB STUMP, JOHN M. MCHUGH, IKE SKELTON, From the Committee on the Judiciary, for consideration of 

secs. 216, 221, title IV, secs. 502 and 503 of the House bill, 

and secs. 101, 102, 104, subtitles A, B, and C of title II, 

secs. 311, 501 and 502 of the Senate amendments, and 

modifications committed to conference; 

JOHN CONYERS, Jr., 

From the Committee on Science, for consideration of secs. 

221–5, 241–3, 251–3, and 261 of the House bill, and sec. 

101 of the Senate amendments, and modifications committed to conference: 

SHERWOOD BOEHLERT, 

CONSTANCE MORELLA, 

JIM BARCIA

(Provided that Ms. JacksonLee of Texas is appointed 

in lieu of Mr. Barcia for 

consideration of secs. 251–

3 of the House bill, and 

modifications committed 

to conference), 

SHEILA JACKSON-LEE, 

66

From the Committee on Ways and Means, for consideration of secs. 103 sand 503 of the Senate amendments, and 

modifications committed to conference: 

WILLIAM THOMAS, E. CLAY SHAW, Jr., 

CHARLES B. RANGEL, For consideration of the House bill and Senate amendments, and modifications committed to conference: 

ROY BLUNT, Managers on the Part of the House.

CHRISTOPHER J. DODD, 

RICHARD J. DURBIN, 

MITCH MCCONNELL, 

CHRISTOPHER S. BOND, 

Managers on the Part of the Senate. 

(67)

JOINT EXPLANATORY STATEMENT OF THE COMMITTEE ON 

CONFERENCE 

The managers on the part of the House and the Senate at the 

conference on the disagreeing votes of the two Houses on the 

amendments of the Senate to the bill (H.R. 3295), to establish a 

program to provide funds to States to replace punch card voting 

systems, to establish the Election Assistance Commission to assist 

in the administration of Federal elections and to otherwise provide 

assistance with the administration of certain Federal election laws 

and programs, to establish minimum election administration standards for States and units of local government with responsibility 

for the administration of Federal elections, and for other purposes, 

submit the following joint statement to the House and the Senate 

in explanation of the effect of the action agreed upon by the managers and recommended in the accompanying conference report: 

The Senate amendment to the text of the bill struck all of the 

House bill after the enacting clause and inserted a substitute text. 

The House recedes from its disagreement to the amendment of 

the Senate with an amendment that is a substitute for the House 

bill and the Senate amendment. The differences between the House 

bill, the Senate amendment, and the substitute agreed to in conference are noted below, except for clerical corrections, conforming 

changes made necessary by agreements reached by the conferees, 

and minor drafting and clarifying changes. 

TITLE I—PAYMENTS TO STATES FOR ELECTION ADMINISTRATION IMPROVEMENTS AND REPLACEMENT OF 

PUNCH CARD AND LEVER VOTING MACHINES 

Sec. 101. Payments to States for activities to improve administration of elections 

Provides payments to States to improve the administration of 

federal elections, designates permitted uses of the funds, and sets 

the size of the payment at an amount based on the relative size 

of the voting-age population plus a minimum. 

Sec. 102. Replacement of punch card and lever voting machines 

Provides payments to States to replace punch card and lever 

voting systems with other systems meeting the requirements of 

this Act. 

Sec. 103. Guaranteed minimum payment amount 

Sets the minimum aggregate payment under Sec. 101 and 102 

at $5 million. 

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Sec. 104. Authorization of appropriations 

Authorizes $325 million in no-year funds for each program 

under Sec. 101 and 102 plus sums necessary for administration of 

the program, with unexpended or returned funds to be used for requirements payments under title II. 

Sec. 105. Administration of programs 

Provides authority to expedite payments. 

Sec. 106. Effective date 

Requires payments to be made within 45 days of enactment. 

TITLE II—COMMISSION 

Subtitle A—Establishment and General Organization 

PART 1—ELECTION ASSISTANCE COMMISSION

Sec. 201. Establishment

Establishes the Election Assistance Commission, the Election 

Assistance Commission Standards Board, the Election Assistance 

Board of Advisors, and the Technical Guidelines Development Committee. 

Sec. 202. Duties 

Stipulates that the Commission will serve as a national clearinghouse for information on federal elections and will carry out duties described in this Title, in Title III, and in Title V. 

Sec. 203. Membership and appointment 

Requires that the four Commission members are appointed by 

the President with the advice and consent of the Senate. 

Sec. 204. Staff 

Creates positions for an Executive Director and General Counsel and stipulates that the Executive Director may appoint additional staff. 

Sec. 205. Powers 

Empowers the Commission to hold hearings, take testimony, 

receive evidence, let contracts, obtain information from Federal 

agencies and support from the General Services Administration, 

and to use the mails as do other Federal agencies. 

Sec. 206. Dissemination of information 

Requires the Commission to disseminate information on its activities to the public on an ongoing basis. 

Sec. 207. Annual report 

Requires that the Commission submit a report to Congress by 

January 1 of each year on its activities for the previous fiscal year, 

including each program carried out, grant payments made, a copy 

of submitted reports by grant recipients, information on voluntary 

69

standards adopted, votes taken by the Commission, and other appropriate information. 

Sec. 208. Requiring majority approval for actions 

Requires that any action of the Commission be approved by 

three members. 

Sec. 209. Limitation on rulemaking authority 

Prohibits the Commission from imposing any rule, regulation, 

or taking any action that imposes requirements on State or local 

governments except as permitted under the National Voter Registration Act of 1993. 

Sec. 210. Authorization of appropriations 

Authorizes a maximum appropriation of $10 million per year 

for FY2003 through FY2005, in addition to grants and payments 

authorized under the title. 

PART 2—ELECTION ASSISTANCE COMMISSION STANDARDS BOARD

AND BOARD OF ADVISORS

Sec. 211. Establishment 

Establishes a Standards Board and a Board of Advisors under 

the Election Assistance Commission. 

Sec. 212. Duties 

Requires that the two boards review the guidelines described 

in this title. 

Sec. 213. Membership of Standards Board 

Sets membership at 110, to include, from each State, the chief 

election official and a local election official chosen by peers in the 

State, with no two members from a state to be from the same political party, and also requires the board to select a nine-member Executive Board. 

Sec. 214. Membership of Board of Advisors 

Sets membership at 37, two each appointed by the National 

Governors Association; the National Conference of State Legislatures; the National Association of Secretaries of State; the National 

Association of State Election Directors; the National Association of 

Counties; the National Association of County Recorders; Election 

Administrators, and Clerks; the U.S. Conference of Mayors; the 

Election Center; and the International Association of County Recorders, Election Officials, and Treasurers; the U.S. Commission on 

Civil Rights; the Architectural and Transportation Barrier Compliance Board; plus the chief of the Office of Public Integrity of the 

Department of Justice; the chief of the Voting Section of the Civil 

Rights Division of the Department of Justice; the director of the 

Federal Voting Assistance Program of the Department of Defense; 

plus four members representing professionals in the field of science 

and technology; plus eight members representing voter interests, of 

which four are appointed by the House Administration Committee, 

two by the chairman and two by the ranking minority member; and 

70

four members appointed by the Committee on Rules and Administration of the Senate, two by the chairman and two by the ranking 

minority member. 

Sec. 215. Powers of Boards; no compensation for service

Empowers each board to hold hearings, take testimony, and receive evidence, obtain information from Federal agencies and support from the General Services Administration, and to use the 

mails as do other Federal agencies. Prohibits issuance of subpoenas. Requires each board to meet at least yearly and prohibits 

compensation of board members, but permits payment of travel expenses. 

Sec. 216. Status of Boards and members for purposes of claims 

against Board 

Applies provisions of 28 U.S.C., Chapters 161 and 171, with respect to liability of boards and members, with an exception for 

criminal acts and other willful misconduct. 

PART 3—TECHNICAL GUIDELINES DEVELOPMENT COMMITTEE

Sec. 221. Technical Guidelines Development Committee 

Establishes a 15-member Technical Guidelines Development 

Committee, to assist in the development of voluntary voting system 

guidelines (and modifications), to be chaired by the Director of the 

National Institute of Standards and Technology (NIST), and with 

members appointed jointly by the Director and the Commission 

and drawn from the Standards Board, the Board of Advisors, the 

Compliance Board, the Architectural and Transportation Barriers 

Compliance Board, the American National Standards Institute, the 

Institute of Electrical and Electronics Engineers, the National Association of State Election Directors, and other persons with relevant scientific and technical expertise. Prohibits compensation of 

members, but permits payment of travel expense, and requires 

publication of recommendations of the Development Committee in 

the Federal Register when the Commission adopts any guideline. 

Sec. 222. Process for adoption 

Requires the Executive Director of the Commission to take recommendations of the Development Committee into account in developing guidelines, and for the two boards to review the proposed 

guidelines, with a vote of the Commission required for adoption. 

Subtitle B—Testing, Certification, Decertification, and 

Recertification of Voting System Hardware and Software 

Sec. 231. Certification and testing of voting systems 

Requires the Commission to provide for testing, certification, 

decertification, and recertification of voting systems by accredited 

laboratories; NIST provides a list of recommended candidates for 

certification and provides for continuing review of laboratory performance. 

71

Subtitle C—Studies and Other Activities to Promote Effective 

Administration of Federal Elections 

Sec. 241. Periodic studies of election administration issues 

Requires periodic, publicly available studies to promote improvements in election administration and methods of voting. 

Sec. 242. Study, report, and recommendations on best practices for 

facilitating military and overseas voting 

Requires a study, in consultation with DOD, on best practices 

for facilitating voting by military and overseas voters. 

Sec. 243. Report on human factor research 

Requires a report, in consultation with NIST, on application of 

human factors research to voting systems. 

Sec. 244. Study and report on voters who register by mail and use 

of social security information 

Requires a study of the impact of requirements in Sec. 303(b) 

for first time mail registrants, and a study, in consultation with the 

Social Security Administration, on using Social Security numbers 

in election administration. 

Sec. 245. Study and report on electronic voting and the electoral 

process 

Requires a study of issues associated with the use of electronic 

communication and Internet technologies in the electoral process. 

Sec. 246. Study and report on free absentee ballot postage 

Requires a study, in consultation with the Postal Service, on 

a program to waive or reduce postage for absentee ballots. 

Sec. 247. Consultation with Standards Board and Board of Advisors 

Requires the Commission to consult with the Standards Board 

and Board of Advisors in performing duties under this subtitle. 

Subtitle D—Election Assistance 

PART 1—REQUIREMENTS PAYMENTS

Sec. 251. Requirements payments 

Requires the Commission to make yearly payments to qualifying States to meet the requirements of the Act, including certain 

retroactive payments, and for other activities to improve election 

administration.

Sec. 252. Allocation of funds 

Sets the size of a payment to an amount based on the relative 

size of the voting-age population, designates a minimum payment, 

and stipulates that funds can be retained until expended. 

72

Sec. 253. Condition for receipt of funds 

Requires a State, to be eligible, to certify that it has filed a 

plan with the Commission meeting the requirements of Sec. 254–

256 and a plan for implementing the requirements of Sec. 402, that 

it will use the funds in a manner consistent with Federal laws, as 

they apply to this Act, and with title III requirements, and that it 

has provided a 5% match. Gives States discretion to choose the 

method of compliance. 

Sec. 254. State plan 

Describes required elements of the State plan and required elements and uses of the State Election Fund. Exempts State and 

local jurisdictions from legal actions based on information in the 

plan, except with respect to criminal acts. 

Sec. 255. Process for development and filing of plan; publication by 

Commission 

Requires the chief State election official to develop the plan 

through a committee including local election officials and other citizens, and requires the Commission to publish submitted plans in 

the Federal Register. 

Sec. 256. Requirement for public notice and comment 

Requires a State to provide opportunity for public comments on 

the State plan and to take them into account in finalizing the plan. 

Sec. 257. Authorization of appropriations 

Authorizes a total of $3 billion for FY2003 through FY2005, to 

remain available until expended. 

Sec. 258. Reports 

Requires a yearly report by the State on activities conducted 

with the use of payments under this part. 

PART 2—PAYMENTS TO STATES AND UNITS OF LOCAL GOVERNMENT

TO ASSURE ACCESS FOR INDIVIDUALS WITH DISABILITIES

Sec. 261. Payments to States and units of local government to assure access to disabled voters 

Requires the Secretary of Health and Human Services to make 

yearly payments to eligible States and local governments to assure 

access to polling places for individuals with disabilities, including 

the blind and visually impaired, and to provide them with information on accessibility. 

Sec. 262. Amount of payment 

Requires the Secretary to determine payment amounts. Specifies that payments can be retained until expended. 

Sec. 263. Requirements for eligibility 

Requires a jurisdiction seeking funds to file an application that 

describes how the payment will be used and provides other required information required by the Secretary. Exempts State and 

73

local jurisdictions from legal actions based on information in the 

application, except with respect to criminal acts. 

Sec. 264. Authorization of appropriations 

Authorizes appropriations totaling $100 million for FY2003 

through FY2005, to remain available until expended. 

Sec. 265. Reports 

Requires a report by recipients to the Secretary on activities 

conducted and a yearly report by the Secretary to Congress. 

PART 3—GRANTS FOR RESEARCH ON VOTING TECHNOLOGY

IMPROVEMENTS

Sec. 271. Grants for research on voting technology improvements 

Establishes a grant program, to be administered in consultation with NIST, for research and development to improve election 

systems and technology. 

Sec. 272. Report 

Requires recipients to submit reports to the Commission describing activities under the grant. 

Sec. 273. Authorization of appropriations 

Authorizes appropriations of $20 million for FY2003, to be 

available until expended. 

PART 4—PILOT PROGRAM FOR TESTING OF EQUIPMENT AND

TECHNOLOGY

Sec. 281. Pilot program 

Establishes a grant program, to be administered in consultation with NIST, to test and implement new voting technologies on 

a trial basis. 

It is the intent of the managers that such pilot programs shall 

include initiatives with regard to election administration methodologies. 

Sec. 282. Report 

Requires submission of a report to the Commission describing 

activities under the grant. 

Sec. 283. Authorization of appropriations 

Authorizes appropriations of $10 million for FY2003, to be 

available until expended. 

PART 5—PROTECTION AND ADVOCACY SYSTEMS

Sec. 291. Payments for protection and advocacy systems 

Requires the Secretary of Health and Human Services to 

award grants to entities in each State that represent persons with 

disabilities to provide services to ensure such persons full participation in the electoral process and sets minimum grant amounts as 

specified in the Rehabilitation Act of 1973. Also provides a 7% setaside for grants for training and technical assistance. 

74

Sec. 292. Authorization of appropriations 

Authorizes appropriations of $10 million per year for FY2003 

through FY2006 and such sums as necessary in subsequent fiscal 

years; prohibits recipients from using grant funds for litigation activities involving election-related accessibility. 

PART 6—NATIONAL STUDENT AND PARENT MOCK ELECTION

Sec. 295. National Student and Parent Mock Election 

Authorizes the Election Assistance Commission to award 

grants to a nonprofit, nonpartisan organization known as the National Student and Parent Mock Election, to simulate national elections that permit participation by students and parents. 

Sec. 296. Authorization of Appropriations 

Authorizes $200,000 for FY2003 and such sums as necessary 

in subsequent years. 

TITLE III—UNIFORM AND NONDISCRIMINATORY ELECTION 

TECHNOLOGY AND ADMINISTRATION REQUIREMENTS 

Subtitle A—Requirements 

Sec. 301. Voting systems standards 

Beginning January 1, 2006, requires all voting systems used in 

federal elections, while maintaining voter privacy and ballot confidentiality, to (1) permit voters to verify their selections on the ballot, notify them of overvotes, and permit them to change their votes 

and correct any errors before casting the ballot; however, jurisdictions using paper ballot, punchcard, or central-count voting systems (including absentee and mail-in ballots) may instead use voter 

education and instruction programs for notification of overvotes; (2) 

produce a permanent paper record for the voting system that can 

be manually audited and is available as an official record for recounts; and (3) provide to individuals with disabilities, including 

the blind and visually impaired, the same accessibility to voting as 

other voters, through use of at least one DRE or properly equipped 

voting system at each polling place; however, any system purchased with funds made available under Title II on or after January 1, 2007 must provide accessibility; (4) provide alternative language accessibility as required by law; and (5) comply with the 

error rate standards in the federal voting system standards in effect on the date of enactment. Requires each State to adopt uniform 

standards defining what constitutes a vote and what will be counted as a vote for each certified voting system. 

Stipulates that the above requirements do not compel a jurisdiction to change to a different kind of voting system if the system 

it uses, including any paper ballot system, meets or can be modified to meet the requirements of this section. 

Sec. 302. Provisional voting and voting information requirements 

Requires that, beginning January 1, 2004, persons who claim 

to be registered to vote in a federal election in a jurisdiction but 

are not on the official list of registered voters or are otherwise alVerDate 0ct 02 2002 16:46 Oct 09, 2002 Jkt 019006 PO 00000 Frm 00074 Fmt 6601 Sfmt 6601 E:\HR\OC\HR730.XXX HR730
75

leged to be ineligible be offered and permitted to cast a provisional 

ballot, the ballot be promptly verified and counted if determined to 

be valid under State law, and the voter (and no one else) be able 

to ascertain whether the ballot was counted (and if not, why not) 

through a free-access system and be informed of that option when 

the ballot is cast. Stipulates that States that do not require voter 

registration or that are described in section 4(b) of the National 

Voter Registration Act of 1993 (NVRA) may use applicable State 

law. 

Requires that a sample ballot and other voter information be 

posted at polling places on election day. 

Requires that, if polling hours are extended as a result of a 

court order, any ballot cast in a federal election during that extension be provisional and be held separately from other provisional 

ballots.

Sec. 303. Computerized Statewide voter registration list requirements and requirements for voters who register by mail 

Beginning January 1, 2004—or 2006 if the State certifies for 

good cause that it cannot meet that deadline—requires States to 

implement and maintain an interactive, centralized, and official 

Statewide computerized voter registration list accessible to all election officials in the State, and that contains registration information on every registered voter in the State. Requires the system to 

use a unique identification number for each registered voter and to 

be coordinated with other State databases. Persons can be removed 

from the list only under applicable provisions of NVRA. Election officials shall perform list maintenance with respect to the computerized list on a regular basis. If individuals are to be removed from 

the computerized list, they shall be removed in accordance with the 

provisions of NVRA. Consistent with NVRA, registrants who have 

not responded to a notice and have not voted in two consecutive 

general elections for federal office shall be removed from the official 

list of registered voters except that no registration may be removed 

solely by reason of failure to vote. Requires applicants to provide 

a valid driver’s license number or, for applicants who do not have 

a valid driver’s license number, the last four digits of the Social Security number. The State shall assign a unique identifier to individuals who do not have a valid driver’s license number or a Social 

Security number. Requires sharing of information between voter 

registration and motor vehicle authority databases. Amends Sec. 

205(r) of the Social Security Act to establish a mechanism for 

verifying the accuracy of information provided by a State driver’s 

licence agency with respect to applications for voter registration. 

Requires States to use the mechanism except those that, in accordance with Sec. 7 of the Privacy Act of 1975, use the full Social Security number for voter registration, for whom this provision is optional. 

Beginning January 1, 2003, requires certain voters who register by mail to present identification either when registering or 

when voting. Applies to persons who have not previously voted in 

a federal election in the State, or in the jurisdiction if the State 

does not comply with the requirements for a statewide computerized voter registration list. Accepted identification includes a copy 

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of a current and valid photo identification (the original if voting in 

person), utility bill, bank statement, or government document that 

shows the name and address of the voter. Alternatively, the voter 

may cast a provisional ballot. Does not apply if the mail-in registration includes the voter’s name, date of birth, and driver’s license number or the last 4 digits of the Social Security number, 

and they match an existing State identification record. Also does 

not apply to voters entitled to vote otherwise than in person under 

federal law. 

Requires that mail-in voter registration forms developed under 

NVRA include questions requiring voters to verify that they are 

U.S. citizens and old enough to vote, and requires States to notify 

voters who fail to complete the question on citizenship and provide 

the applicant with an opportunity to complete the form prior to the 

next election for Federal office. 

It is the intent of the managers that such questions should be 

clearly and conspicuously stated on the front of the registration 

form. 

Requires States and localities to comply with provisions on 

mail registration beginning January 1, 2004, except that they must 

be prepared to receive stipulated mail-in registration materials beginning January 1, 2003. 

Sec. 304. Minimum requirements 

Allows States to establish election technology and administration requirements stricter than those established under this title. 

Sec. 305. Methods of implementation left to discretion of State 

Gives States discretion to choose the methods of implementation. 

Subtitle B—Voluntary Guidance 

Sec. 311. Adoption of voluntary guidance by Commission 

Requires the Commission to adopt voluntary guidance to assist 

States in meeting requirements of subtitle A and to update recommendations adopted with respect to Sec. 301 every four years. 

Sec. 312. Process for adoption 

Requires that the adoption process include public notice, comment, and hearings, and publication of the final recommendations 

in the Federal Register. 

TITLE IV—ENFORCEMENT 

Sec. 401. Actions by the Attorney General for declaratory and injunctive relief 

Allows for civil action by the Attorney General to carry out the 

requirements under Sec. 301–303. 

Sec. 402. Establishment of State-based administrative complaint 

procedures to remedy grievances 

Requires States receiving funds under this Act to establish and 

maintain administrative procedures to receive, process, and act 

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upon complaints about violations of provisions in title III. Requires 

States not receiving funds to either certify that they meet complaint-procedure requirements or to submit a plan describing steps 

to be taken to meet title III requirements. Such plan, if not approved by the Department of Justice, shall result in the State being 

deemed to be out of compliance with the requirements.

TITLE V—HELP AMERICA VOTE COLLEGE PROGRAM 

Sec. 501. Establishment of program 

Requires the Commission to establish the ‘‘Help America Vote 

College Program’’ to encourage students at institutions of higher 

learning, including community colleges, to serve as nonpartisan 

poll workers or assistants and to encourage States and local governments to use students in that capacity. 

Sec. 502. Activities under program 

Requires the Commission, in consultation with chief State election officials, to develop materials, sponsor seminars and workshops, advertise the program to students, make grants, assist any 

institution that wishes to participate, and take other appropriate 

actions. Limits grants to nonpartisan undertakings and requires 

the Commission to coordinate with institutions of higher learning 

and to make materials and assistance available without charge. 

Sec. 503. Authorization of appropriations 

Authorizes appropriations of $5 million for FY2003 and sums 

as necessary thereafter. 

TITLE VI—HELP AMERICA VOTE FOUNDATION 

Sec. 601. Help America Vote Foundation 

Amends Part B of subtitle II of 36 U.S.C. to establish the federally chartered Help America Vote Foundation to mobilize secondary school students to participate as nonpartisan poll workers 

and assistants, to the extent permitted under State law. 

Requires the foundation to act without partisan bias or promotion of any particular point of view and to consult with the chief 

election officials in the States, the District of Columbia, and Puerto 

Rico, Guam, American Samoa, and the U.S. Virgin Islands. 

Establishes a 12-member board of directors with four appointed by the President, two by the Speaker of the House of Representatives, two by the House minority leader, two by the Senate 

majority leader, and two by the Senate minority leader, and with 

the chairs and ranking Members of the House Administration Committee and the Senate Rules and Administration Committee as ex 

officio, nonvoting members. 

Sets the term of office at four years and stipulates that members are not employees of the Federal government. Prohibits compensation of board members, but permits payment of travel expenses. Restricts personal liability of members to gross negligence. 

Requires the board to meet at least yearly and to select a 

member as chair, who shall not hold or have held any partisan 

elected office or national political-party committee office. 

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Permits the board to appoint and remove officers and employees of the foundation and stipulates that they are not employees 

of the Federal government except as otherwise provided in this 

chapter. 

Grants the foundation such powers as necessary to carry out 

this chapter and also the usual powers of a corporation acting as 

a trustee in the District of Columbia, where the foundation will be 

located. Requires the foundation to have a designated agent to receive service of process for it. 

Permits the foundation to accept gifts, devises, and bequests 

for its benefit and to let contracts. Also permits it to sponsor an 

annual conference to honor persons who have served as poll workers or participated in foundation programs and activities. 

Requires an annual audit by an independent auditor. 

Permits the Attorney General to bring a civil action for relief 

for behavior by the foundation that is inconsistent with the purposes designated in this title. 

Excludes the U.S. government from any liability or obligation 

incurred by the foundation. 

Authorizes $5 million for FY2003 and such sums as necessary 

thereafter. 

Requires a report to the Commission on activities during the 

prior fiscal year. 

TITLE VII—VOTING RIGHTS OF MILITARY MEMBERS AND 

OVERSEAS CITIZENS 

Sec. 701. Voting assistance programs 

Amends 10 U.S.C. 1566 to require the Secretary of Defense to 

establish procedures to provide the time and resources for voting 

assistance officers to perform voting assistance duties during the 

period in advance of a general election. Requires the Secretary of 

Defense, to the maximum extent possible, to implement procedures 

to ensure that a postmark or other proof of mailing date is provided on each absentee ballot. Requires the secretaries, through 

voting assistance officers, to provide notice to members of the 

armed forces of the last date before a general election for which 

ballots mailed at the facility can be expected to be delivered in a 

timely fashion to State and local election officials. Requires the secretaries to ensure that members of the military and their dependents have access to information on voter registration and absentee 

ballot requirements and deadlines. Requires that each person who 

enlists receive the national voter registration form at the time of 

enlistment or soon thereafter. 

Sec. 702. Designation of single State office to provide information 

on registration and absentee ballots for all voters in State

Amends the Uniformed and Overseas Citizens Absentee Voting 

Act (UOCAVA) to require each State to designate a single office to 

provide information to all absent uniformed services voters and 

overseas voters who wish to register or vote in any jurisdiction in 

the State. 

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Sec. 703. Report on absentee ballots transmitted and received after 

general elections 

Amends the UOCAVA to require States to submit a public report to the Commission on the number of absentee ballots transmitted to absent uniformed services and overseas voters and the 

number returned and cast in the election, and requires the Commission to develop a standardized format for such reports. 

Sec. 704. Extension of period covered by single absentee ballot application 

Amends UOCAVA to require that an absentee ballot application pertain to all elections for Federal office held in the State 

through the next two regularly scheduled Federal general elections. 

Sec. 705. Additional duties of Presidential designee under Uniformed and Overseas Citizens Absentee Voting Act 

Amends UOCAVA to require the Presidential designee to ensure that State officials are aware of the requirements of that Act, 

and to prescribe a standard oath regarding perjury in completion 

of a document required under the title. Requires States to use the 

standard oath if the State requires an oath or affirmation for any 

voting document. 

Sec. 706. Prohibition of refusal of voter registration and absentee 

ballot applications on grounds of early submission 

Amends UOCAVA to prevent States from refusing to accept or 

process a valid voter registration or absentee ballot application submitted by an absent uniformed services voter on the grounds that 

the application was submitted before the first date on which the 

State accepts or processes such application for that year. 

Sec. 707. Other requirements to promote participation of overseas 

and absent uniformed services voters 

Amends section 102 of UOCAVA to require a state to provide 

to each absent uniformed services voter or overseas voter the reason for rejecting an absentee ballot or voter registration application. 

TITLE VIII—TRANSITION PROVISIONS 

Subtitle A—Transfer to Commission of Functions Under Certain 

Laws 

Sec. 801. Federal Election Campaign Act of 1971

Amends section 311(a) of the Federal Election Campaign Act 

of 1971 (2 U.S.C. 438(a)) and transfers to the Commission all functions of the Office of Election Administration of the Federal Election Commission. 

Sec. 802. National Voter Registration Act of 1993

Amends section 9(a) of the National Voter Registration Act of 

1993 (42 U.S.C. 1973gg–7(a)) and transfers to the Commission all 

functions that the Federal Election Commission exercises under the 

National Voter Registration Act. 

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Sec. 803. Transfer of property, records, and personnel 

Transfers to the Commission all personnel, contracts, liabilities, records, property, and other assets or interests of the offices 

and functions of the Federal Election Commission that are transferred by this subtitle. 

Sec. 804. Effective date; transition 

Requires that this title take effect upon the appointment of all 

members of the Commission, which is authorized to utilize services 

from the entities from which functions will be transferred as needed for an orderly transfer. Directs the Office of Election Administration of the Federal Election to continue its functions in the interim. 

Subtitle B—Coverage of Commission Under Certain Laws and 

Programs 

Sec. 811. Treatment of Commission personnel under certain civil 

service laws 

Amends 5 U.S.C. 7323(b)(2)(B)(i)(I) and 3132(a)(1)(C) to specify 

that Commission personnel are covered by the Hatch Act and that 

the Commission is excluded from the Senior Executive Service. 

Sec. 812. Coverage under Inspector General Act of 1978

Amends section 8G(a)(2) of the Inspector General Act of 1978 

(5 U.S.C. App.) to provide for coverage under that Act. 

TITLE IX—MISCELLANEOUS PROVISIONS 

Sec. 901. State defined 

Defines State to include the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, and the United 

States Virgin Islands. 

Sec. 902. Audits and repayment of funds

Requires recipients of grants or payments under the Act to 

keep records consistent with sound accounting principles to facilitate an effective audit. Authorizes each office that makes a grant 

or payment to audit or examine books, documents, papers and 

records of any recipient which are deemed pertinent to the grant 

or payment. Stipulates that the provision applies to all recipients 

of grants or payments under the Act. Requires that all funds provided under the Act are subject to mandatory audit by the Comptroller General at least once during the lifetime of the program, 

with the same access to records as the grant-making office. Stipulates that the Election Administration Commission is deemed the 

office making the grant with respect to General Services grants or 

payments. Requires that, if the Comptroller General determines 

that an excess payment has been made or the recipient is not in 

compliance, the recipient must pay the grant-making office an 

amount that reflects the excess payment or the proportion representing noncompliance. 

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Sec. 903. Clarification of ability of election officials to remove registrants from official list of voters on grounds of change of residence 

Amends the National Voter Registration Act of 1993 to clarify 

the ability of election officials to remove from the voter registration 

list the name of an individual who has not responded to a notice 

from the registrar of voters and who has not voted in two or more 

consecutive general elections for Federal office. 

The minimum standard requires that removal of those deemed 

ineligible must be done in a manner consistent with the National 

Voter Registration Act (NVRA). The procedures established by 

NVRA that guard against removal of eligible registrants remain in 

effect under this Act. Accordingly, H.R. 3295 leaves NVRA intact, 

and does not undermine it in any way. 

Sec. 904. Review and report on adequacy of existing electoral fraud 

statutes and penalties 

Requires the Attorney General to conduct a review of existing 

criminal statutes to determine whether additional statutory offenses are needed to secure the use of the Internet in elections and 

whether existing penalties are adequate with respect to such offenses. Requires the Attorney General to submit a report on that 

review to the House and Senate Judiciary Committees, the Senate 

Rules and Administration Committee, and the House Administration Committee. 

Sec. 905. Other criminal penalties 

Stipulates that individuals who provide false information with 

respect to registering to vote or voting, or conspire to provide such 

false information, will be fined, imprisoned, or both in accordance 

with 42 U.S.C.1973i(c). 

Sec. 906. No effect on other laws 

Stipulates that nothing in the Act, except as specifically provided in section 303(b), authorizes or requires conduct prohibited 

by the Voting Rights Act of 1965, the Voting Accessibility for the 

Elderly and Handicapped Act, the Uniformed and Overseas Citizens Absentee Voting Act, the National Voter Registration Act of 

1993, the Americans With Disabilities Act of 1990, or the Rehabilitation Act of 1973; or may be construed to supersede, restrict, or 

limit those Acts.

From the Committee on House Administration, for consideration of the House bill and the Senate amendments, and 

modifications committed to conference: 

ROBERT NEY, 

VERNON J. EHLERS, 

JOHN T. DOOLITTLE, 

THOMAS M. REYNOLDS, 

STENY H. HOYER, 

CHAKA FATTAH, 

JIM DAVIS, 

From the Committee on Armed Services, for consideration 

of secs. 601 and 606 of the House bill, and sec. 404 of the 

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Senate amendments, and modifications committed to conference: 

BOB STUMP, JOHN M. MCHUGH, IKE SKELTON, From the Committee on the Judiciary, for consideration of 

secs. 216, 221, title IV, secs. 502 and 503 of the House bill, 

and secs. 101, 102, 104, subtitles A, B, and C of title II, 

secs. 311, 501, and 502 of the Senate amendments, and 

modifications committed to conference: 

JOHN CONYERS, Jr., 

From the Committee on Science, for consideration of secs. 

221–5, 241–3, 251–3, and 261 of the House bill, and sec. 

101 of the Senate amendments, and modifications committed to conference: 

SHERWOOD BOEHLERT, CONSTANCE MORELLA, JIM BARCIA

(Provided that Ms. JacksonLee of Texas is appointed 

in lieu of Mr. Barcia for 

consideration of secs. 251– 3 of the House bill, and 

modifications committed 

to conference), 

SHEILA JACKSON-LEE, From the Committee on Ways and Means, for consideration of secs. 103 and 503 of the Senate amendments, and 

modifications committed to conference: 

WILLIAM THOMAS, E. CLAY SHAW, Jr., 

CHARLES B. RANGEL, 

For consideration of the House bill and Senate amendments, and modifications committed to conference: 

ROY BLUNT, Managers on the Part of the House.

CHRISTOPHER J. DODD, 

RICHARD J. DURBIN, 

MITCH MCCONNELL, 

CHRISTOPHER S. BOND, 

Managers on the Part of the Senate.

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