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[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1398 Introduced in House (IH)]

<DOC>

115th CONGRESS
  1st Session
                                H. R. 1398

 To provide funds to give States incentives to invest in practices and 
technology designed to expedite voting at the polls and simplify voter 
  registration, improve voting system security, and promote automatic 
              voter registration, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             March 7, 2017

 Mr. Connolly (for himself and Mr. Langevin) introduced the following 
   bill; which was referred to the Committee on House Administration

_______________________________________________________________________

                                 A BILL

 
 To provide funds to give States incentives to invest in practices and 
technology designed to expedite voting at the polls and simplify voter 
  registration, improve voting system security, and promote automatic 
              voter registration, and for other purposes.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Fair, Accurate, 
Secure, and Timely Voting Act of 2017'' or the ``FAST Voting Act of 
2017''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
                 TITLE I--IMPROVING VOTER PARTICIPATION

Sec. 101. Incentives for States to invest in practices and technology 
                            designed to expedite voting at the polls 
                            and simplify voter registration.
Sec. 102. Criteria for awarding grants.
Sec. 103. Criteria for evaluating applications.
Sec. 104. Authorization of appropriations.
               TITLE II--IMPROVING VOTING SYSTEM SECURITY

Sec. 201. Incentives for States to improve voting system security.
Sec. 202. Criteria for awarding grants.
Sec. 203. Criteria for evaluating applications.
Sec. 204. Authorization of appropriations.
          TITLE III--ENCOURAGING AUTOMATIC VOTER REGISTRATION

Sec. 301. Incentives for States to implement automatic voter 
                            registration.
Sec. 302. Applications.
Sec. 303. Authorization of appropriations.
                      TITLE IV--GENERAL PROVISIONS

Sec. 401. Establishment of performance measures and targets.
Sec. 402. Reporting requirements.
Sec. 403. State defined.

                 TITLE I--IMPROVING VOTER PARTICIPATION

SEC. 101. INCENTIVES FOR STATES TO INVEST IN PRACTICES AND TECHNOLOGY 
              DESIGNED TO EXPEDITE VOTING AT THE POLLS AND SIMPLIFY 
              VOTER REGISTRATION.

    (a) Grants Authorized.--
            (1) In general.--From the amounts made available under 
        section 104 for a fiscal year and not reserved under section 
        (b) of section 104, the Election Assistance Commission 
        (hereafter in this title referred to as the ``Commission'') 
        shall award grants, on a competitive basis, to States in 
        accordance with section 103.
            (2) Number of grants.--A State may not receive more than 1 
        grant under this section per grant period.
            (3) Duration of grants.--
                    (A) In general.--A grant under this section shall 
                be awarded for a period of not more than 4 years.
                    (B) Continuation of grants.--A State that is 
                awarded a grant under this section shall not receive 
                grant funds under this section for the second or any 
                subsequent year of the grant unless the State 
                demonstrates to the Commission, at such time and in 
                such manner as determined by the Commission, that the 
                State is--
                            (i) making progress in implementing the 
                        grant implementation plan described in section 
                        102(b) at a rate that the Commission determines 
                        will result in the State fully implementing 
                        such plan during the remainder of the grant 
                        period; or
                            (ii) making progress against the 
                        performance measures established under section 
                        401 at a rate that the Commission determines 
                        will result in the State reaching its targets 
                        and achieving the objectives of the grant 
                        during the remainder of the grant period.
    (b) Use of Funds.--Each State that receives a grant under this 
title shall use the funds provided by the grant to carry out the 
State's grant implementation plan described in section 102(b).

SEC. 102. CRITERIA FOR AWARDING GRANTS.

    (a) Applications.--Each State that desires to receive a grant under 
this title shall submit an application to the Commission at such time, 
in such manner, and containing such information as the Commission may 
reasonably require. At a minimum, each such application shall include 
each of the following:
            (1) A documentation of the State's record in carrying out 
        the following in the administration of elections for public 
        office:
                    (A) Providing various voter registration 
                opportunities and record of providing electronic 
                transfer of voter registration information from 
                government agencies to election officials.
                    (B) Providing early voting.
                    (C) Providing absentee voting.
                    (D) Providing assistance to voters who do not speak 
                English as a primary language.
                    (E) Providing assistance to voters with 
                disabilities at and beyond the level required by 
                Federal law.
                    (F) Providing effective access to voting for 
                members of the uniformed services at and beyond the 
                level required by Federal law.
                    (G) Providing formal training of election 
                officials.
                    (H) Auditing waiting times at polling places.
                    (I) Allocating polling locations, equipment, and 
                staff to match population distribution.
                    (J) Responding to voting irregularities and 
                concerns raised at polling stations.
                    (K) Creating and adhering to contingency voting 
                plans in the event of a natural or other disaster.
                    (L) Any other performance measure established under 
                section 401 in providing various voter registration 
                opportunities.
            (2) Evidence of established conditions of innovation and 
        reform in the administration of elections for public office in 
        the State and the State's proposed plan for implementing 
        additional conditions.
            (3) Evidence of collaboration between relevant stakeholders 
        in developing the grant implementation plan described in 
        subsection (b).
            (4) Annual performance measures and targets for the 
        activities carried out with the grant.
            (5) A description of the State's plan to conduct a rigorous 
        evaluation of the effectiveness of the activities carried out 
        with the grant.
            (6) The grant implementation plan described in subsection 
        (b).
    (b) Grant Implementation Plan.--The grant implementation plan 
described in this subsection is a plan developed by the State for using 
funds provided by the grant to improve the State's performance on the 
performance measures established under section 401, including how the 
State will carry out some or all of the following:
            (1) Providing flexible registration opportunities, 
        including online and same-day registration and registration 
        updating.
            (2) Providing early voting, at a minimum of 9 of the 10 
        calendar days preceding an election, at sufficient and flexible 
        hours.
            (3) Providing absentee voting, including no-excuse absentee 
        voting.
            (4) Providing assistance to voters who do not speak English 
        as a primary language beyond the minimum requirements of the 
        Voting Rights Act of 1965.
            (5) Providing assistance to voters with disabilities, 
        including visual impairment, at and beyond the level required 
        by Federal law.
            (6) Providing effective access to voting for members of the 
        uniformed services at and beyond the level required by Federal 
        law.
            (7) Providing formal training of election officials, 
        including State and county administrators and volunteers.
            (8) Auditing and reducing waiting times at polling places.
            (9) Allocating polling locations, equipment, and staff to 
        match population distribution.
            (10) Responding to any reports of voting irregularities or 
        concerns raised at polling places.
            (11) Creating contingency voting plans in the event of 
        natural or other disaster.
            (12) Improving the wait times at the persistently poorest 
        performing polling stations.

SEC. 103. CRITERIA FOR EVALUATING APPLICATIONS.

    (a) Award Basis.--The Commission shall award grants to States under 
this title on a competitive basis, based on the quality of the State's 
application submitted under section 102, including--
            (1) the State's record in the areas described in paragraph 
        (1) of section 102(a);
            (2) the State's record of, and commitment to, establishing 
        conditions for innovation and reform, as described in paragraph 
        (2) of section 102(a);
            (3) the quality and likelihood of success of the State's 
        grant implementation plan described in section 102(b) in 
        showing improvement in the areas described in paragraph (1) of 
        section 102(a), including the State's capacity to implement the 
        plan and evidence of collaboration as described in paragraph 
        (3) of section 102(a); and
            (4) the State's evaluation plan as described in paragraph 
        (5) of section 102(a).
    (b) Explanation.--The Commission shall publish an explanation of 
how the application review process under this paragraph will ensure an 
equitable and objective evaluation based on the criteria described in 
subsection (a).

SEC. 104. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated such sums 
as may be necessary for fiscal year 2017 and each succeeding fiscal 
year to carry out this title.
    (b) Reservation of Funds.--From the amount made available to carry 
out this title for a fiscal year, the Commission may reserve not more 
than 10 percent of such amount to carry out activities related to--
            (1) technical assistance; and
            (2) outreach and dissemination.

               TITLE II--IMPROVING VOTING SYSTEM SECURITY

SEC. 201. INCENTIVES FOR STATES TO IMPROVE VOTING SYSTEM SECURITY.

    (a) Grants Authorized.--
            (1) In general.--From the amounts made available under 
        section 204 for a fiscal year and not reserved under section 
        (b) of section 204, the Election Assistance Commission 
        (hereafter in this title referred to as the ``Commission'') 
        shall award grants, on a competitive basis, to States in 
        accordance with section 203.
            (2) Number of grants.--A State may not receive more than 1 
        grant under this section per grant period.
            (3) Duration of grants.--
                    (A) In general.--A grant under this section shall 
                be awarded for a period of not more than 4 years.
                    (B) Continuation of grants.--A State that is 
                awarded a grant under this section shall not receive 
                grant funds under this section for the second or any 
                subsequent year of the grant unless the State 
                demonstrates to the Commission, at such time and in 
                such manner as determined by the Commission, that the 
                State is--
                            (i) making progress in implementing the 
                        grant implementation plan described in section 
                        202(b) at a rate that the Commission determines 
                        will result in the State fully implementing 
                        such plan during the remainder of the grant 
                        period; or
                            (ii) making progress against the 
                        performance measures established under section 
                        401 at a rate that the Commission determines 
                        will result in the State reaching its targets 
                        and achieving the objectives of the grant 
                        during the remainder of the grant period.
    (b) Use of Funds.--Each State that receives a grant under this 
title shall use the funds provided by the grant to carry out the 
State's grant implementation plan described in section 202(b).

SEC. 202. CRITERIA FOR AWARDING GRANTS.

    (a) Applications.--Each State that desires to receive a grant under 
this title shall submit an application to the Commission at such time, 
in such manner, and containing such information as the Commission may 
reasonably require. At a minimum, each such application shall include 
each of the following:
            (1) A documentation of the State's record in carrying out 
        the following in the administration of elections for public 
        office:
                    (A) Providing voting machines that are less than 10 
                years old.
                    (B) Providing voting equipment that generates a 
                verifiable paper trail at polling places.
                    (C) Implementing strong chain of custody procedures 
                for the physical security of voting equipment and paper 
                records at all stages of the process.
                    (D) Conducting pre-election testing on every voting 
                machine and ensuring that paper ballots are available 
                wherever electronic machines are used.
                    (E) Mandating post-election risk-limiting audits to 
                confirm the validity of electronic results.
                    (F) Keeping offline backups of voter registration 
                lists.
                    (G) Providing a secure voter registration database 
                that logs requests submitted to the database.
                    (H) Publishing and enforcing a policy detailing use 
                limitations and security safeguards to protect voters' 
                personal information in the voter registration process.
                    (I) Providing secure processes and procedures for 
                reporting vote tallies.
                    (J) Providing a secure platform for disseminating 
                vote totals.
                    (K) Any other performance measure established under 
                section 401 in providing voting system security.
            (2) Evidence of established conditions of innovation and 
        reform in providing voting system security and the State's 
        proposed plan for implementing additional conditions.
            (3) Evidence of collaboration between relevant stakeholders 
        in developing the grant implementation plan described in 
        subsection (b).
            (4) Annual performance measures and targets for the 
        activities carried out with the grant.
            (5) A description of the State's plan to conduct a rigorous 
        evaluation of the effectiveness of the activities carried out 
        with the grant.
            (6) The grant implementation plan described in subsection 
        (b).
    (b) Grant Implementation Plan.--The grant implementation plan 
described in this subsection is a plan developed by the State for using 
funds provided by the grant to improve the State's performance on the 
performance measures established under section 401, including how the 
State will carry out some or all of the following:
            (1) Providing voting machines that are less than 10 years 
        old.
            (2) Updating voting equipment to provide a verifiable paper 
        trail at polling stations.
            (3) Implementing strong chain of custody procedures for the 
        physical security of voting equipment and paper records at all 
        stages of the process.
            (4) Conducting pre-election testing on every voting machine 
        and ensuring paper ballots are available wherever electronic 
        machines are used.
            (5) Mandating post-election risk-limiting audits to confirm 
        the validity of electronic results.
            (6) Keeping offline backups of voter registration lists.
            (7) Providing a secure voter registration database that 
        logs requests submitted to the database.
            (8) Publishing and enforcing a policy detailing use 
        limitations and security safeguards to protect voters' personal 
        information in the voter registration process.
            (9) Providing secure processes and procedures for reporting 
        vote tallies.
            (10) Providing a secure platform for disseminating vote 
        totals.

SEC. 203. CRITERIA FOR EVALUATING APPLICATIONS.

    (a) Award Basis.--The Commission shall award grants to States under 
this title on a competitive basis, based on the quality of the State's 
application submitted under section 202, including--
            (1) the State's record in the areas described in paragraph 
        (1) of section 202(a);
            (2) the State's record of, and commitment to, establishing 
        conditions for innovation and reform, as described in paragraph 
        (2) of section 202(a);
            (3) the quality and likelihood of success of the State's 
        grant implementation plan described in section 202(b) in 
        showing improvement in the areas described in paragraph (1) of 
        section 202(a), including the State's capacity to implement the 
        plan and evidence of collaboration as described in paragraph 
        (3) of section 202(a); and
            (4) the State's evaluation plan as described in paragraph 
        (5) of section 202(a).
    (b) Explanation.--The Commission shall publish an explanation of 
how the application review process under this paragraph will ensure an 
equitable and objective evaluation based on the criteria described in 
subsection (a).

SEC. 204. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated such sums 
as may be necessary for fiscal year 2017 and each succeeding fiscal 
year to carry out this title.
    (b) Reservation of Funds.--From the amount made available to carry 
out this title for a fiscal year, the Commission may reserve not more 
than 10 percent of such amount to carry out activities related to--
            (1) technical assistance; and
            (2) outreach and dissemination.

          TITLE III--ENCOURAGING AUTOMATIC VOTER REGISTRATION

SEC. 301. INCENTIVES FOR STATES TO IMPLEMENT AUTOMATIC VOTER 
              REGISTRATION.

    (a) Grants Authorized.--
            (1) In general.--From the amounts made available under 
        section 303 for a fiscal year and not reserved under section 
        (b) of section 303, the Election Assistance Commission 
        (hereafter in this title referred to as the ``Commission'') 
        shall award grants, on a competitive basis, to States in 
        accordance with section 302.
            (2) Number of grants.--A State may not receive more than 1 
        grant under this section per grant period.
            (3) Duration of grants.--
                    (A) In general.--A grant under this section shall 
                be awarded for a period of not more than 4 years.
                    (B) Continuation of grants.--A State that is 
                awarded a grant under this section shall not receive 
                grant funds under this section for the second or any 
                subsequent year of the grant unless the State 
                demonstrates to the Commission, at such time and in 
                such manner as determined by the Commission, that the 
                State is--
                            (i) making progress in implementing the 
                        plan for the implementation of automatic voter 
                        registration in the State, as described in 
                        section 302(c), at a rate that the Commission 
                        determines will result in the State fully 
                        implementing such plan during the remainder of 
                        the grant period; or
                            (ii) making progress against the 
                        performance measures established under section 
                        401 at a rate that the Commission determines 
                        will result in the State reaching its targets 
                        and achieving the objectives of the grant 
                        during the remainder of the grant period.
    (b) Use of Funds.--Each State that receives a grant under this 
title shall use the funds provided by the grant to carry out the 
State's plan for the implementation of automatic voter registration in 
the State, as described in section 302(c).

SEC. 302. APPLICATIONS.

    (a) In General.--Each State that desires to receive a grant under 
this title shall submit an application to the Commission at such time, 
in such manner, and containing such information as the Commission may 
reasonably require. At a minimum, each such application shall include 
the following:
            (1) A detailed plan for the implementation of automatic 
        voter registration in the State.
            (2) Annual performance measures and targets for the 
        activities carried out with the grant.
            (3) A description of the State's plan to conduct a rigorous 
        evaluation of the effectiveness of the activities carried out 
        with the grant.
    (b) Selection of Recipients.--The Commission shall award grants to 
States under this title on a competitive basis, based on the quality of 
the State's application submitted under subsection (a).
    (c) Automatic Voter Registration Described.--In this title, 
``automatic voter registration'' means a system under which a State 
registers individuals to vote in elections for Federal office who are 
eligible to vote in such elections by electronically transferring the 
information necessary for registration from government agencies to 
election officials of the State so that, unless the individual 
affirmatively declines to be registered, the individual will be 
registered to vote in such elections.

SEC. 303. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated such sums 
as may be necessary for fiscal year 2017 and each succeeding fiscal 
year to carry out this title.
    (b) Reservation of Funds.--From the amount made available to carry 
out this title for a fiscal year, the Commission may reserve not more 
than 10 percent of such amount to carry out activities related to--
            (1) technical assistance; and
            (2) outreach and dissemination.

                      TITLE IV--GENERAL PROVISIONS

SEC. 401. ESTABLISHMENT OF PERFORMANCE MEASURES AND TARGETS.

    Each State receiving a grant under this Act shall establish 
performance measures and targets, approved by the Election Assistance 
Commission (hereafter in this title referred to as the ``Commission''), 
for the programs and activities carried out with the funds provided by 
the grant.

SEC. 402. REPORTING REQUIREMENTS.

    Each State receiving a grant under this Act shall submit to the 
Commission, at such time and in such manner as the Commission may 
require, an annual report including--
            (1) data on the State's progress in achieving the targets 
        for the performance measures established under section 401;
            (2) a description of the challenges the State has faced in 
        implementing the programs and activities funded by the grant 
        and how it has addressed or plans to address those challenges; 
        and
            (3) findings from the evaluation plan for the grant.

SEC. 403. STATE DEFINED.

    In this Act, the term ``State'' means each of the several States 
and the District of Columbia.
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