I 

110TH CONGRESS 

1ST SESSION H. R. 2360 

To amend the Help America Vote Act of 2002 to require States to meet 

Federal guidelines for the operation of electronic voting equipment, and 

for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 17, 2007 

Mr. EHLERS (for himself, Mr. DANIEL E. LUNGREN of California, and Mr. 

MCCARTHY of California) introduced the following bill; which was referred to the Committee on House Administration 

A BILL 

To amend the Help America Vote Act of 2002 to require 

States to meet Federal guidelines for the operation of 

electronic voting equipment, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Voting Enhancement 

5 and Security Act of 2007’’. 

6 SEC. 2. ESTABLISHMENT OF FEDERAL GUIDELINES FOR 

7 ELECTRONIC VOTING EQUIPMENT. 

8 (a) ESTABLISHMENT OF GUIDELINES; SUPPORT

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1 NOLOGY.—Section 221 of the Help America Vote Act of 

2 2002 (42 U.S.C. 15361 et seq.) is amended— 

3 (1) by redesignating subsection (f) as sub4 section (g); and 

5 (2) by inserting after subsection (e) the fol6 lowing new subsection: 

7 ‘‘(f) SPECIAL RULES FOR ESTABLISHMENT OF

8 GUIDELINES FOR ELECTRONIC VOTING EQUIPMENT.— 

9 ‘‘(1) ESTABLISHMENT OF GUIDELINES.—In ad10 dition to any other guidelines developed under this 

11 section, the Development Committee shall develop 

12 specific guidelines for the operation of electronic vot13 ing equipment in elections for Federal office under 

14 which the equipment will comply with each of the 

15 following technologies: 

16 ‘‘(A) A technology that allows a contem17 poraneous, redundant, and auditable trail of the 

18 votes cast or recorded on such equipment. For 

19 purposes of this subparagraph, a trail is ‘con20 temporaneous’ if it is created and recorded at 

21 the same time as the original record. 

22 ‘‘(B) A technology that allows each indi23 vidual who is eligible to vote in such an election 

24 to verify the ballot before the individual’s vote 

25 is cast into the equipment. 


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1 ‘‘(C) A technology that ensures reliable se2 curity of the equipment from tampering or im3 proper use. 

4 ‘‘(D) A technology that ensures that indi5 viduals with disabilities who are eligible to vote 

6 in the election can vote independently and with7 out assistance. 

8 ‘‘(2) TECHNICAL SUPPORT FROM NIST.—The 

9 Director of the National Institute of Standards and 

10 Technology shall provide the Development Com11 mittee with technical support in the development of 

12 the guidelines for electronic voting equipment under 

13 this subsection, in the same manner as the technical 

14 support provided under subsection (e). 

15 ‘‘(3) DEADLINE.—The Director shall complete 

16 the requirements of subsection (a) not later than 

17 January 1, 2010.’’. 

18 (b) REQUIRING STATES TO MEET GUIDELINES.— 

19 (1) REQUIREMENT.— 

20 (A) IN GENERAL.—Section 301 of such 

21 Act (42 U.S.C. 15481) is amended— 

22 (i) by redesignating subsections (b) 

23 through (d) as subsections (c) through (e); 

24 and 


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1 (ii) by inserting after subsection (a) 

2 the following new subsection: 

3 ‘‘(b) SPECIAL REQUIREMENTS FOR ELECTRONIC

4 VOTING EQUIPMENT.— 

5 ‘‘(1) IN GENERAL.—Any voting system which 

6 consists in whole or in part of an electronic vote re7 cording device or an electronic vote tabulation device 

8 shall meet the voting system guidelines applicable to 

9 such devices which are adopted by the Commission 

10 pursuant to section 222 (in accordance with the re11 quirements for the development of such guidelines 

12 under section 221(f)). 

13 ‘‘(2) DEFINITIONS.—In this subsection— 

14 ‘‘(A) the term ‘vote recording device’ 

15 means the mechanism or medium used for re16 cording a voter’s ballot choices; and 

17 ‘‘(B) the term ‘vote tabulation device’ 

18 means the mechanism or equipment used to 

19 tabulate the votes recorded on the vote record20 ing device. 

21 ‘‘(3) EFFECTIVE DATE.—Paragraph (1) shall 

22 apply with respect to elections for Federal office held 

23 in 2012 and each succeeding year.’’. 

24 (B) CONFORMING AMENDMENT.—Section 

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1 designated by subparagraph (A), is amended by 

2 striking ‘‘Each State’’ and inserting ‘‘Except as 

3 provided in subsection (b), each State’’. 

4 (2) AVAILABILITY OF FUNDING FOR MEETING

5 REQUIREMENTS.—Section 257(a) of such Act (42 

6 U.S.C. 15407(a) is amended by adding at the end 

7 the following new paragraph: 

8 ‘‘(4) For fiscal year 2011, $1,000,000,000, ex9 cept that any funds provided under the authoriza10 tion made by this paragraph shall be used by a 

11 State only to meet the requirements of section 

12 301(b), or to otherwise modify or replace its voting 

13 systems in response to such requirements.’’. 

14 SEC. 3. REQUIRING AUDITS OF RESULTS OF ELECTIONS. 

15 (a) REQUIRING STATES TO ADMINISTER AUDITS IN

16 ACCORDANCE WITH STATE PLAN.—Subtitle A of title III 

17 of the Help America Vote Act of 2002 (42 U.S.C. 15481 

18 et seq.) is amended by inserting after section 303 the fol19 lowing new section: 

20 ‘‘SEC. 303A. AUDITS OF RESULTS OF ELECTIONS. 

21 ‘‘(a) REQUIRING STATES TO ADMINISTER AUDITS IN

22 ACCORDANCE WITH STATE PLAN.— 

23 ‘‘(1) IN GENERAL.—Each State shall admin24 ister audits of the results of elections for Federal of25 fice held in the State in accordance with a State 


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1 audit plan which describes the entity responsible for 

2 administering the audits, the procedures for admin3 istering the audits, and the rules for determining 

4 which elections will be subject to audits and the 

5 number of tabulation units in which the audits will 

6 occur. 

7 ‘‘(2) TABULATION UNIT DEFINED.—In this sub8 section, the term ‘tabulation unit’ means, with re9 spect to an election, a unit established by the State 

10 prior to the election (such as a precinct, polling loca11 tion, or particular type of voting device) in which the 

12 votes tabulated by the voting system used in the unit 

13 may be compared with the audit of the results of the 

14 ballots cast in the unit. 

15 ‘‘(3) SUBMISSION OF PLAN TO COMMISSION.— 

16 Not later than January 1, 2009, the State shall sub17 mit its initial State audit plan under this section to 

18 the Commission. 

19 ‘‘(b) CERTIFICATION.—A State does not meet the re20 quirements of this section unless the chief executive of the 

21 State and the chief election official of the State certify 

22 that the State audit plan provides for the fair and effective 

23 administration of audits under procedures that are trans24 parent and open to the public. 


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1 ‘‘(c) EFFECTIVE DATE.—This section shall apply 

2 with respect to the regularly scheduled general elections 

3 for Federal office held in November 2010 and each suc4 ceeding election for Federal office.’’. 

5 (b) AVAILABILITY OF ENFORCEMENT.—Section 401 

6 of such Act (42 U.S.C. 15511) is amended by striking 

7 ‘‘sections 301, 302, and 303’’ and inserting ‘‘subtitle A 

8 of title III’’. 

9 (c) CLERICAL AMENDMENT.—The table of contents 

10 of such Act is amended by inserting after the item relating 

11 to section 303 the following: 

‘‘303A. Audits of results of elections.’’. 

12 SEC. 4. REQUIRING STATES TO DEVELOP AND IMPLEMENT 

13 ELECTION SECURITY PROTOCOLS AND CON14 TINGENCY PLANS. 

15 (a) IN GENERAL.—Subtitle A of title III of the Help 

16 America Vote Act of 2002 (42 U.S.C. 15481 et seq.), as 

17 amended by section 3(a), is further amended by inserting 

18 after section 303A the following new section: 

19 ‘‘SEC. 303B. DEVELOPMENT AND IMPLEMENTATION OF 

20 ELECTION SECURITY PROTOCOLS AND CON21 TINGENCY PLANS. 

22 ‘‘(a) REQUIREMENTS FOR STATES.—Each State and 

23 jurisdiction which administers elections for Federal office 

24 shall— 


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1 ‘‘(1) develop and implement security protocols 

2 for protecting the voting equipment used in such 

3 elections and for ensuring the security of the admin4 istration of such elections; and 

5 ‘‘(2) develop and implement contingency plans 

6 for addressing voting system failures and other 

7 emergencies which may occur on the date of such an 

8 election, including the protocols to be followed at 

9 polling places and the protocols applicable to the use 

10 of emergency ballots. 

11 ‘‘(b) EFFECTIVE DATE.—This section shall apply 

12 with respect to the regularly scheduled general election for 

13 Federal office in November 2008 and each succeeding 

14 election for Federal office.’’. 

15 (b) CLERICAL AMENDMENT.—The table of contents 

16 of such Act, as amended by section 3(c), is further amend17 ed by inserting after the item relating to section 303A the 

18 following: 

‘‘303B. Development and implementation of election security protocols and contingency plans.’’. 

Æ 


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