I 

109TH CONGRESS 

1ST SESSION H. R. 533

To amend the Help America Vote Act of 2002 to protect voting rights 

and to improve the administration of Federal elections, and for other 

purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 2, 2005

Mr. CONYERS (for himself, Mrs. JONES of Ohio, Ms. JACKSON-LEE of Texas, 

Ms. LEE, Mr. VAN HOLLEN, Mr. MCDERMOTT, Mr. PAYNE, Mr. 

KUCINICH, Mr. FRANK of Massachusetts, Ms. WATERS, Ms. WOOLSEY, 

Mr. WEINER, Mr. CLAY, Mr. OWENS, Mr. FATTAH, Mr. JACKSON of Illinois, Ms. ZOE LOFGREN of California, Ms. DELAURO, Ms. CORRINE

BROWN of Florida, Mr. CUMMINGS, Ms. NORTON, Mr. OBERSTAR, Ms. 

CARSON, Mr. THOMPSON of Mississippi, Mr. BUTTERFIELD, and Mrs. 

CAPPS) introduced the following bill; which was referred to the Committee on House Administration, and in addition to the Committee on the 

Judiciary, for a period to be subsequently determined by the Speaker, in 

each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL

To amend the Help America Vote Act of 2002 to protect 

voting rights and to improve the administration of Federal elections, 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,
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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

2 (a) SHORT TITLE.—This Act may be cited as the 

3 ‘‘Voting Opportunity and Technology Enhancement 

4 Rights Act of 2005’’. 

5 (b) TABLE OF CONTENTS.—The table of contents of 

6 this Act is as follows:

Sec. 1. Short title; table of contents. 

Sec. 2. Findings and purposes. 

Sec. 3. Enhanced protections against voter intimidation, threats, coercion, and 

deception. 

Sec. 4. National Federal write-in absentee ballot. 

Sec. 5. Verified ballots; preservation. 

Sec. 6. Requirements for counting provisional ballots. 

Sec. 7. Minimum required voting systems and poll workers in polling places. 

Sec. 8. Election day registration. 

Sec. 9. Integrity of voter registration list. 

Sec. 10. Early voting. 

Sec. 11. Acceleration of study on election day as a public holiday. 

Sec. 12. Improvements to voting systems. 

Sec. 13. Voter registration. 

Sec. 14. Establishing voter identification. 

Sec. 15. Impartial administration of elections. 

Sec. 16. Strengthening the Election Assistance Commission. 

Sec. 17. Additional protections to ensure fair administration of Federal elections. 

Sec. 18. Authorization of appropriations. 

Sec. 19. Effective date.

7 SEC. 2. FINDINGS AND PURPOSES. 

8 (a) FINDINGS.—Congress makes the following find9 ings: 

10 (1) The right of all eligible citizens to vote and 

11 have their vote counted is the cornerstone of a demo12 cratic form of government and the core precondition 

13 of government of the people, by the people, and for 

14 the people. 
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1 (2) The right of citizens of the United States 

2 to vote is a fundamental civil right guaranteed under 

3 the United States Constitution. 

4 (3) Congress has an obligation to reaffirm the 

5 right of each American to have an equal opportunity 

6 to vote and have that vote counted in Federal elec7 tions, regardless of color, ethnicity, disability, lan8 guage, or the resources of the community in which 

9 they live. 

10 (4) Congress has an obligation to ensure the 

11 uniform and nondiscriminatory exercise of that right 

12 by removing barriers in the form of election adminis13 tration procedures and technology and insufficient 

14 and unequal resources of State and local govern15 ments. 

16 (b) PURPOSES.—The purposes of this Act are as fol17 lows: 

18 (1) To secure the opportunity to participate in 

19 democracy for all eligible American citizens by estab20 lishing a national Federal write-in absentee ballot 

21 for Federal elections. 

22 (2) To expand and establish uniform and non23 discriminatory requirements and standards to re24 move administrative procedural barriers and techno-
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1 logical obstacles to casting a vote and having that 

2 vote counted in Federal elections. 

3 (3) To expand and establish uniform and non4 discriminatory requirements and standards to pro5 vide for the accessibility, accuracy, verifiability, pri6 vacy, and security of all voting systems and tech7 nology used in Federal elections. 

8 (4) To provide a Federal funding mechanism 

9 for the States to implement the requirements and 

10 standards to preserve and protect voting rights and 

11 the integrity of Federal elections in the United 

12 States. 

13 SEC. 3. ENHANCED PROTECTIONS AGAINST VOTER INTIMI14 DATION, THREATS, COERCION, AND DECEP15 TION. 

16 (a) PROHIBITING UNFAIR AND DECEPTIVE ACTS

17 AND PRACTICES AFFECTING VOTING IN FEDERAL ELEC18 TIONS.—

19 (1) DECLARATION OF UNLAWFULNESS; POWER

20 TO PROHIBIT UNFAIR PRACTICES.—

21 (A) IN GENERAL.—It shall be unlawful for 

22 any person to engage in unfair or deceptive acts 

23 or practices in or affecting voting in Federal 

24 elections, and the Attorney General is hereby 

25 empowered and directed to prevent persons, 
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1 partnerships, or corporations from using unfair 

2 or deceptive acts or practices in or affecting 

3 voting in Federal elections. 

4 (B) PROCEEDING BY ATTORNEY GEN5 ERAL.—Whenever the Attorney General shall 

6 have reason to believe that any such person, 

7 partnership, or corporation has been or is using 

8 any unfair or deceptive act or practice in or af9 fecting voting, he shall issue and serve upon 

10 such person, partnership, or corporation a com11 plaint stating its charges in that respect and 

12 containing a notice of a hearing upon a day and 

13 at a place therein fixed at least 7 days after the 

14 service of said complaint. The person, partner15 ship, or corporation so complained of shall have 

16 the right to appear at the place and time so 

17 fixed and show cause why an order should not 

18 be entered by the Attorney General requiring 

19 such person, partnership, or corporation to 

20 cease and desist from the violation of the law 

21 so charged in said complaint. If upon such 

22 hearing the Attorney General shall be of the 

23 opinion that the method of competition or the 

24 act or practice in question is prohibited by this 

25 subchapter, it shall make a report in writing in 
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1 which it shall state its findings as to the facts 

2 and shall issue and cause to be served on such 

3 person, partnership, or corporation an order re4 quiring such person, partnership, or corporation 

5 to cease and desist from using such method of 

6 competition or such act or practice. 

7 (C) PENALTY.—Any person, partnership, 

8 or corporation who violates an order of the At9 torney General under this paragraph after it 

10 has become final, and while such order is in ef11 fect, shall be fined in accordance with title 18, 

12 United States Code. Each separate violation of 

13 such an order shall be a separate offense. 

14 (D) CIVIL ACTION BY AGGRIEVED PER15 SON.—A person who is aggrieved by a violation 

16 of this section may, in a civil action, obtain de17 claratory and injunctive relief with respect to 

18 the violation. The court in an action under this 

19 subsection may award the prevailing party 

20 (other than the United States) reasonable attor21 neys fees, including litigation expenses and ex22 pert witness fees, as part of the costs; fees may 

23 be awarded to a prevailing defendant only when 

24 a plaintiff’s civil action is shown to be frivolous, 

25 unreasonable, or without foundation. The Attor-
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1 ney General may intervene as a party in a civil 

2 action brought under this subsection. 

3 (2) DOCUMENTARY EVIDENCE; SUBPOENA

4 POWER.—

5 (A) IN GENERAL.—For the purposes of 

6 this subsection the Attorney General shall at all 

7 reasonable times have access to, for the purpose 

8 of examination, and the right to copy any docu9 mentary evidence of any person, partnership, or 

10 corporation being investigated or proceeded 

11 against; and the Attorney General shall have 

12 power to require by subpoena the attendance 

13 and testimony of witnesses and the production 

14 of all such documentary evidence relating to 

15 any matter under investigation. 

16 (B) PENALTIES.—Any person who shall 

17 neglect or refuse to attend and testify, or to an18 swer any lawful inquiry or to produce any docu19 mentary evidence under this subsection, if in 

20 his power to do so, in obedience to an order of 

21 a District Court of the United States directing 

22 compliance with the subpoena or lawful require23 ment of the Attorney General shall be guilty of 

24 an offense and upon conviction thereof by a 

25 court of competent jurisdiction shall be fined in 
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1 accordance with title 18, United States Code, or 

2 imprisoned for not more than one year, or both. 

3 (3) UNFAIR OR DECEPTIVE ACTS OR PRACTICES

4 RULEMAKING PROCEEDINGS.—The Attorney General 

5 shall—

6 (A) review information and receive com7 plaints alleging unfair or deceptive acts or prac8 tices in or affecting voting in Federal elections; 

9 (B) make public through the Internet, 

10 radio, television, and newspaper advertisements 

11 information on the responsibilities, contact in12 formation and complaint procedures of the At13 torney General under this section; 

14 (C) prescribe interpretive rules and general 

15 statements of policy with respect to unfair or 

16 deceptive acts or practices in or affecting vot17 ing; and 

18 (D) prescribe rules which define with speci19 ficity acts or practices which are unfair or de20 ceptive acts or practices in or affecting voting 

21 (within the meaning of paragraph (1)), includ22 ing but not limited to so-called ‘‘caging’’ or se23 lective use of poll and registration challenges. 

24 Rules under this subsection shall include re25 quirements prescribed for the purpose of pre-
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1 venting such acts or practices on a proactive 

2 basis. 

3 (4) CIVIL ACTIONS FOR VIOLATIONS OF RULES

4 AND CEASE AND DESIST ORDERS RESPECTING UN5 FAIR OR DECEPTIVE ACTS OR PRACTICES.—

6 (A) SUITS AGAINST PERSONS, PARTNER7 SHIPS, OR CORPORATIONS; JURISDICTION; RE8 LIEF FOR DISHONEST OR FRAUDULENT ACTS.—

9 (i) If any person, partnership, or cor10 poration violates any rule under this sub11 chapter respecting unfair or deceptive acts 

12 or practices (within the meaning of para13 graph (1)), then the Attorney General may 

14 commence a civil action against such per15 son, partnership, or corporation for relief 

16 under this subsection in a United States 

17 District Court or in any court of com18 petent jurisdiction of a State. 

19 (ii) If any person, partnership, or cor20 poration engages in any unfair or deceptive 

21 act or practice (within the meaning of 

22 paragraph (1)) with respect to which the 

23 Attorney General has issued a final cease 

24 and desist order which is applicable to 

25 such person, partnership, or corporation, 
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1 then the Attorney General may commence 

2 a civil action against such person, partner3 ship, or corporation in a United States 

4 District Court or in any court of com5 petent jurisdiction of a State. 

6 (B) NATURE OF RELIEF AVAILABLE.—The 

7 court in an action under subparagraph (A) shall 

8 have jurisdiction to grant such relief as the 

9 court finds necessary to redress injury to voters 

10 or other persons, partnerships, and corporations 

11 resulting from the rule violation or the unfair 

12 or deceptive act or practice, as the case may be. 

13 Such relief may include, but shall not be limited 

14 to, rescission or reformation of contracts, the 

15 refund of money or return of property, the pay16 ment of damages, and public notification re17 specting the rule violation or the unfair or de18 ceptive act or practice, as the case may be, in19 cluding exemplary or punitive damages. 

20 (5) RELATIONSHIP TO OTHER LAWS.—

21 (A) IN GENERAL.—Nothing in this sub22 section may be construed to authorize or re23 quire conduct prohibited under the following 

24 laws, or supersede, restrict, or limit—
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1 (i) the National Voter Registration 

2 Act of 1993 (42 U.S.C. 1973gg et seq.); or 

3 (ii) the Voting Rights Act of 1965 (42 

4 U.S.C. 1973aa et seq.). 

5 (B) NO EFFECT ON PRECLEARANCE OR

6 OTHER REQUIREMENTS UNDER VOTING RIGHTS

7 ACT.—Any action taken by the Attorney Gen8 eral or a State under this subsection may not 

9 be considered to have any effect on require10 ments for preclearance under section 5 of the 

11 Voting Rights Act of 1965 or any other require12 ments of such Act. 

13 (b) REVISIONS TO CURRENT PROTECTIONS.—

14 (1) SECTION 2004 OF THE REVISED STAT15 UTES.—Section 2004(b) of the Revised Statutes (42 

16 U.S.C. 1971(b)) is amended—

17 (A) by inserting after ‘‘coerce,’’ the fol18 lowing: ‘‘knowingly deceive,’’; and 

19 (B) by striking ‘‘or coerce’’ and inserting 

20 ‘‘coerce, or knowingly deceive’’. 

21 (2) TITLE 18, UNITED STATES CODE.—

22 (A) SECTION 245.—Section 245 of title 18, 

23 United States Code, is amended by adding at 

24 the end the following new subsection: 
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1 ‘‘(e) Whoever, whether or not acting under color of 

2 law, knowingly deceives or attempts to knowingly deceive 

3 any person because he is or has been, or in order to intimi4 date such person or any other person or class of persons 

5 from carrying out an activity specified in subparagraph 

6 (A) of subsection (b)(1), shall be punished as provided for 

7 a violation of subsection (b)(1)(A).’’. 

8 (B) SECTION 241.—Section 241 of such 

9 title is amended by striking ‘‘or intimidate’’ and 

10 inserting ‘‘intimidate, or knowingly deceive’’. 

11 (c) ENHANCED SYSTEM FOR TRACKING, DOCU12 MENTING, AND MONITORING ELECTION IRREGULAR13 ITIES.—

14 (1) IN GENERAL.—The Attorney General shall 

15 direct the Assistant Attorney General for the Civil 

16 Rights Division and the Chief of the Voting Section 

17 to—

18 (A) develop and implement procedures to 

19 ensure that the Voting Section has a reliable 

20 method of tracking and documenting allegations 

21 of voting irregularities and actions taken to ad22 dress them, including establishing precise cat23 egories for recording types of allegations and 

24 actions taken, development of instructions on 

25 completing the telephone logs, and development 
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1 and implementation of training for contractors; 

2 and 

3 (B) implement a method to track and re4 port on election monitoring program activities 

5 in the Interactive Case Management System. 

6 (2) ANNUAL REPORTS.—The Attorney General 

7 shall submit annual reports to Congress detailing 

8 the implementation of this subsection, including a 

9 summary of the tracking and election monitoring ac10 tivities and a documentation of allegations of voting 

11 irregularities. 

12 SEC. 4. NATIONAL FEDERAL WRITE-IN ABSENTEE BALLOT. 

13 (a) IN GENERAL.—

14 (1) IN GENERAL.—Title III of the Help Amer15 ica Vote Act of 2002 (42 U.S.C. 15481 et seq.) is 

16 amended by adding at the end the following new 

17 subtitle: 

18 ‘‘Subtitle C—Additional 

19 Requirements 

20 ‘‘SEC. 321. USE OF NATIONAL FEDERAL WRITE-IN ABSEN21 TEE BALLOT. 

22 ‘‘(a) IN GENERAL.—Any person who is otherwise 

23 qualified to vote in a Federal election in a State shall be 

24 permitted to use the national Federal write-in absentee 

25 ballot prescribed by the Election Assistance Commission 
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1 under section 297 to cast a vote in an election for Federal 

2 office. 

3 ‘‘(b) SUBMISSION AND PROCESSING.—

4 ‘‘(1) IN GENERAL.—Except as otherwise pro5 vided in this section, a national Federal write-in ab6 sentee ballot shall be submitted and processed in the 

7 manner provided under the standards prescribed by 

8 the Commission under section 297(b). 

9 ‘‘(2) DEADLINE.—An otherwise eligible national 

10 Federal write-in absentee ballot shall be counted if 

11 postmarked or signed before the close of the polls on 

12 election day and received by the appropriate State 

13 election official on or before the date which is 10 

14 days after the date of the election or the date pro15 vided for receipt of absentee ballots under State law, 

16 whichever is later. 

17 ‘‘(c) SPECIAL RULES.—The following rules shall 

18 apply with respect to national Federal write-in absentee 

19 ballots: 

20 ‘‘(1) In completing the ballot, the voter may 

21 designate a candidate by writing in the name of the 

22 candidate or by writing in the name of a political 

23 party (in which case the ballot shall be counted for 

24 the candidate of that political party). 
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1 ‘‘(2) In the case of the offices of President and 

2 Vice President, a vote for a named candidate or a 

3 vote by writing in the name of a political party shall 

4 be counted as a vote for the electors supporting the 

5 candidate involved. 

6 ‘‘(3) Any abbreviation, misspelling, or other 

7 minor variation in the form of the name of a can8 didate or a political party shall be disregarded in de9 termining the validity of the ballot. 

10 ‘‘(d) EFFECTIVE DATE.—Each State shall be re11 quired to comply with the requirements of this section on 

12 and after January 1, 2007.’’. 

13 (2) CONFORMING AMENDMENT.—Section 401 

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

15 15511) is amended by striking ‘‘and 303’’ and in16 serting ‘‘303, and subtitle C’’. 

17 (3) CLERICAL AMENDMENT.—The table of con18 tents of title III of such Act is amended by adding 

19 at the end the following:

‘‘Subtitle C—Additional Requirements 

‘‘Sec. 321. Use of national Federal write-in absentee ballot.’’.

20 (b) NATIONAL FEDERAL WRITE-IN ABSENTEE BAL21 LOT.—

22 (1) IN GENERAL.—Title II of the Help America 

23 Vote Act of 2002 (42 U.S.C. 15321 et seq.) is 
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1 amended by adding at the end the following new 

2 subtitle: 

3 ‘‘Subtitle E—Guidance and 

4 Standards 

5 ‘‘SEC. 297. NATIONAL FEDERAL WRITE-IN ABSENTEE BAL6 LOT. 

7 ‘‘(a) FORM OF BALLOT.—The Commission shall pre8 scribe a national Federal write-in absentee ballot (includ9 ing a secrecy envelope and mailing envelope for such bal10 lot) for use in elections for Federal office. 

11 ‘‘(b) STANDARDS.—The Commission shall prescribe 

12 standards for—

13 ‘‘(1) distributing the national Federal write-in 

14 absentee ballot, including standards for distributing 

15 such ballot through the Internet; and 

16 ‘‘(2) processing and submission of the national 

17 Federal write-in absentee ballot.’’. 

18 (2) CONFORMING AMENDMENT.—Section 202 

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

20 15322) is amended by redesignating paragraphs (5) 

21 and (6) as paragraphs (6) and (7), respectively, and 

22 by inserting after paragraph (4) the following new 

23 paragraph: 

24 ‘‘(5) carrying out the duties described in sub25 title E.’’. 
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1 (3) CLERICAL AMENDMENT.—The table of con2 tents for title II of such Act is amended by adding 

3 at the end the following:

‘‘Subtitle E—Guidance and Standards 

‘‘Sec. 297. National Federal write-in absentee ballot.’’.

4 (c) COORDINATION WITH UNIFORMED AND OVER5 SEAS CITIZENS ABSENTEE VOTING ACT.—

6 (1) IN GENERAL.—The Presidential designee 

7 under the Uniformed and Overseas Absentee Voting 

8 Act, in consultation with the Election Assistance 

9 Commission, shall facilitate the use and return of 

10 the national Federal write-in ballot for absent uni11 formed service voters and overseas voters so that 

12 such voters face no greater difficulties in the submis13 sion and processing of their ballots than those faced 

14 by absentee voters who reside in the United States. 

15 (2) DEFINITIONS.—The terms ‘‘absent uni16 formed service voter’’ and ‘‘overseas voter’’ shall 

17 have the meanings given such terms by section 107 

18 of the Uniformed and Overseas Citizens Absentee 

19 Voting Act (42 U.S.C. 1973gg–6). 

20 SEC. 5. VERIFIED BALLOTS; PRESERVATION. 

21 (a) VERIFICATION.—

22 (1) IN GENERAL.—Section 301(a) of the Help 

23 America Vote Act of 2002 (42 U.S.C. 15481(a)) is 
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1 amended by adding at the end the following new 

2 paragraph: 

3 ‘‘(7) VERIFIED BALLOTS.—In order to meet the 

4 requirements of paragraph (1)(A)(i), on and after 

5 January 1, 2007: 

6 ‘‘(A) The voting system shall provide an 

7 independent means of voter verification which 

8 meets the requirements of subparagraph (B) 

9 and which allows each voter to verify the accu10 racy of the ballot before it is cast and counted, 

11 and to correct any errors before the record of 

12 the ballot is produced and preserved under this 

13 paragraph and paragraph (2)(B)(iii). 

14 ‘‘(B) A means of voter verification meets 

15 the requirements of this subparagraph if the 

16 voting system allows the voter to choose from 

17 one of the following options to verify the voter’s 

18 vote selection: 

19 ‘‘(i) A paper record. 

20 ‘‘(ii) An audio record. 

21 ‘‘(iii) A pictorial record. 

22 ‘‘(iv) An electronic record or other 

23 means that provides for voter verification 

24 that is accessible for individuals with dis25 abilities, including nonvisual accessibility 
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1 for the blind and visually impaired, in a 

2 manner that provides privacy and inde3 pendence equal to that provided for other 

4 voters. 

5 ‘‘(C) Any means of verification described 

6 in clause (ii), (iii), or (iv) of subparagraph (B) 

7 must provide verification which is equal or su8 perior to verification through the use of a paper 

9 record. 

10 ‘‘(D) None of the means of verification 

11 under this paragraph may employ cryptography 

12 in the record.’’. 

13 (2) CONFORMING AMENDMENT.—Clause (i) of 

14 section 301(a)(1)(A) of the Help America Vote Act 

15 of 2002 (42 U.S.C. 15481(a)(1)(A)(i)) is amended 

16 by inserting ‘‘and consistent with the requirements 

17 of paragraphs (2), (4), and (7)’’ after ‘‘independent 

18 manner’’. 

19 (b) PRESERVATION OF RECORDS.—Section 

20 301(a)(2)(B)(iii) of the Help America Vote Act of 2002 

21 (42 U.S.C. 15481(a)(2)(B)(iii)) is amended to read as fol22 lows: 

23 ‘‘(iii) The record produced to meet the 

24 requirements of paragraph (1)(A)(i) and 

25 this paragraph shall be available as an offi-
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1 cial record for any audit or recount con2 ducted with respect to any election in 

3 which the system is used, and shall be pre4 served after the voter has verified its accu5 racy—

6 ‘‘(I) in the case of a paper 

7 record, within the polling place on the 

8 date of the election in a manner that 

9 ensures the security of the votes as 

10 verified; and 

11 ‘‘(II) in the case of a record de12 scribed in clause (ii), (iii), or (iv) of 

13 paragraph (7)(B), through a method 

14 established by the Commission which 

15 provides protection of the record equal 

16 to or superior to the methods used to 

17 preserve paper records.’’. 

18 (c) GUIDANCE.—

19 (1) IN GENERAL.—Subtitle E of Title II of the 

20 Help America Vote Act of 2002, as added by this 

21 Act, is amended by adding at the end the following 

22 new section: 

23 ‘‘SEC. 298. VERIFIED BALLOTS. 

24 ‘‘(a) STANDARDS.—The Commission shall issue uni25 form and nondiscriminatory standards—
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1 ‘‘(1) for verified ballots required under section 

2 301(a)(7); and 

3 ‘‘(2) for meeting the audit requirements of sec4 tion 301(a)(2). 

5 ‘‘(b) AUDITS.—The standards issued under sub6 section (a) shall provide for partial audits of the results 

7 of elections using the records produced pursuant to section 

8 301(a)(7), and shall provide that those records shall be 

9 used for the official count of votes in the event that the 

10 tallies derived from the records differ from the tallies oth11 erwise derived from the voting system used in the election 

12 involved.’’. 

13 (2) CLERICAL AMENDMENT.—The table of con14 tents for subtitle E of title II of such Act, as added 

15 by this Act, is amended by adding at the end the fol16 lowing new item:

‘‘Sec. 298. Verified ballots.’’.

17 (d) REPORTS.—

18 (1) ELECTION ASSISTANCE COMMISSION.—Sec19 tion 207 of the Help America Vote Act of 2002 (42 

20 U.S.C. 15327) is amended by redesignating para21 graph (5) as paragraph (6) and by inserting after 

22 paragraph (4) the following new paragraph: 

23 ‘‘(5) A description of the progress on imple24 menting the verified ballot requirements of section 

25 301(a)(7) and the impact of the use of such require-
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1 ments on the accessibility, privacy, security, 

2 usability, and auditability of voting systems.’’. 

3 (2) STATE REPORTS.—Section 258 of the Help 

4 America Vote Act of 2002 (42 U.S.C. 15408) is 

5 amended by striking ‘‘and’’ at the end of paragraph 

6 (2), by striking the period at the end of paragraph 

7 (3) and inserting ‘‘; and’’, and by adding at the end 

8 the following new paragraph: 

9 ‘‘(4) an analysis and description in the form 

10 and manner prescribed by the Commission of the 

11 progress on implementing the verified ballot require12 ments of section 301(a)(7).’’. 

13 SEC. 6. REQUIREMENTS FOR COUNTING PROVISIONAL BAL14 LOTS. 

15 (a) IN GENERAL.—Section 302 of the Help America 

16 Vote Act of 2002 (42 U.S.C. 15482) is amended by redes17 ignating subsection (d) as subsection (e) and by inserting 

18 after subsection (c) the following new subsection: 

19 ‘‘(d) STATEWIDE COUNTING OF PROVISIONAL BAL20 LOTS.—For purposes of subsection (a)(4), notwith21 standing at which polling place a provisional ballot is cast 

22 within the State, the State shall count such ballot if the 

23 individual who cast such ballot is otherwise eligible to 

24 vote.’’. 

25 (b) EFFECTIVE DATE.—
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1 (1) IN GENERAL.—Subsection (e) of section 

2 302 of the Help America Vote Act of 2002 (42 

3 U.S.C. 15482(e)), as redesignated under subsection 

4 (a), is amended by adding at the end the following: 

5 ‘‘(2) EFFECTIVE DATE FOR STATEWIDE COUNT6 ING OF PROVISIONAL BALLOTS.—Each State shall be 

7 required to comply with the requirements of sub8 section (d) on and after January 1, 2007.’’. 

9 (2) CONFORMING AMENDMENT.—Subsection (e) 

10 of section 302 of the Help America Vote Act of 

11 2002 (42 U.S.C. 15482(e)), as redesignated under 

12 subsection (a), is amended by striking ‘‘Each’’ and 

13 inserting the following: 

14 ‘‘(1) IN GENERAL.—Except as provided in para15 graph (2), each’’. 

16 SEC. 7. MINIMUM REQUIRED VOTING SYSTEMS AND POLL 

17 WORKERS IN POLLING PLACES. 

18 (a) MINIMUM REQUIREMENTS.—

19 (1) IN GENERAL.—Subtitle C of title III of the 

20 Help America Vote Act of 2002, as added by this 

21 Act, is amended by adding at the end the following 

22 new section: 
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1 ‘‘SEC. 322. MINIMUM REQUIRED VOTING SYSTEMS AND 

2 POLL WORKERS. 

3 ‘‘(a) IN GENERAL.—Each State shall provide for the 

4 minimum required number of functioning and accurate 

5 voting systems and poll workers required in each precinct 

6 on the day of any Federal election and on any days during 

7 which such State allows early voting for a Federal election 

8 in accordance with the standards determined under sec9 tion 299A. 

10 ‘‘(b) EFFECTIVE DATE.—Each State shall be re11 quired to comply with the requirements of this section on 

12 and after January 1, 2007.’’. 

13 (2) CLERICAL AMENDMENT.—The table of con14 tents for subtitle C of title III of such Act, as added 

15 by this Act, is amended by adding at the end the fol16 lowing new item:

‘‘Sec. 322. Minimum required voting systems and poll workers.’’.

17 (b) STANDARDS.—

18 (1) IN GENERAL.—Subtitle E of the Help 

19 America Vote Act of 2002, as added and amended 

20 by this Act, is amended by adding at the end the fol21 lowing new section: 
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1 ‘‘SEC. 299. STANDARDS FOR ESTABLISHING THE MINIMUM 

2 REQUIRED VOTING SYSTEMS AND POLL 

3 WORKERS. 

4 ‘‘(a) IN GENERAL.—The Commission shall issue 

5 standards regarding the minimum number of voting sys6 tems and poll workers required in each precinct on the 

7 day of any Federal election and on any days during which 

8 early voting is allowed for a Federal election. 

9 ‘‘(b) DISTRIBUTION.—The standards described in 

10 subsection (a) shall provide for a uniform and nondiscrim11 inatory geographic distribution of such systems and work12 ers, based on a ratio of the number of systems and work13 ers per voter, taking into account voter registration statis14 tics for the precinct, the most recent available census data 

15 regarding the number of individuals residing within the 

16 precinct who are eligible to register to vote, and the level 

17 of voter turnout during previous elections held in the pre18 cinct. 

19 ‘‘(c) DEVIATION.—The standards described in sub20 section (a) shall permit States, upon providing adequate 

21 public notice, to deviate from any allocation requirements 

22 in the case of unforeseen circumstances such as a natural 

23 disaster, terrorist attack, or a change in voter turnout.’’. 

24 (2) CLERICAL AMENDMENT.—The table of con25 tents for subtitle E of title II of such Act, as added 
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1 by this Act, is amended by adding at the end the fol2 lowing new item:

‘‘Sec. 299. Standards for establishing the minimum required voting systems 

and poll workers.’’.

3 SEC. 8. ELECTION DAY REGISTRATION. 

4 (a) REQUIREMENT.—

5 (1) IN GENERAL.—Subtitle C of title III of the 

6 Help America Vote Act of 2002, as added and 

7 amended by this Act, is amended by adding at the 

8 end the following new section: 

9 ‘‘SEC. 323. ELECTION DAY REGISTRATION. 

10 ‘‘(a) IN GENERAL.—

11 ‘‘(1) REGISTRATION.—Notwithstanding section 

12 8(a)(1)(D) of the National Voter Registration Act of 

13 1993 (42 U.S.C. 1973gg–6), each State shall permit 

14 any individual on the day of a Federal election—

15 ‘‘(A) to register to vote in such election at 

16 the polling place using the form established by 

17 the Election Assistance Commission pursuant 

18 to section 297; and 

19 ‘‘(B) to cast a vote in such election. 

20 ‘‘(2) EXCEPTION.—The requirements under 

21 paragraph (1) shall not apply to a State in which, 

22 under a State law in effect continuously on and after 

23 the date of the enactment of this Act, there is no 
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•HR 533 IH 

1 voter registration requirement for individuals in the 

2 State with respect to elections for Federal office. 

3 ‘‘(b) EFFECTIVE DATE.—Each State shall be re4 quired to comply with the requirements of subsection (a) 

5 on and after January 1, 2007.’’. 

6 (2) CLERICAL AMENDMENT.—The table of con7 tents for subtitle C of title III of such Act, as added 

8 by this Act, is amended by adding at the end the fol9 lowing new item:

‘‘Sec. 323. Election Day registration.’’.

10 (b) ELECTION DAY REGISTRATION FORM.—

11 (1) IN GENERAL.—Subtitle E of title II of the 

12 Help America Vote Act of 2002, as added and 

13 amended by this Act, is amended by adding at the 

14 end the following new section: 

15 ‘‘SEC. 299A. ELECTION DAY REGISTRATION FORM. 

16 ‘‘The Commission shall develop an election day reg17 istration form for elections for Federal office.’’. 

18 (2) CLERICAL AMENDMENT.—The table of con19 tents for subtitle E of title II of such Act, as added 

20 by this Act, is amended by adding at the end the fol21 lowing new item:

‘‘Sec. 299A. Election Day registration form.’’.

22 SEC. 9. INTEGRITY OF VOTER REGISTRATION LIST. 

23 (a) IN GENERAL.—Subtitle C of title III of the Help 

24 America Vote Act of 2002, as added and amended by this 
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•HR 533 IH 

1 Act, is amended by adding at the end the following new 

2 section: 

3 ‘‘SEC. 324. REMOVAL FROM VOTER REGISTRATION LIST. 

4 ‘‘(a) PUBLIC NOTICE.—Not later than 45 days before 

5 any Federal election, each State shall provide public notice 

6 of all names which have been removed from the voter reg7 istration list of such State under section 303 since the 

8 later of the most recent election for Federal office or the 

9 day of the most recent previous public notice provided 

10 under this section. 

11 ‘‘(b) NOTICE TO INDIVIDUAL VOTERS.—

12 ‘‘(1) IN GENERAL.—No individual shall be re13 moved from the voter registration list under section 

14 303 unless such individual is first provided with a 

15 notice which meets the requirements of paragraph 

16 (2). 

17 ‘‘(2) REQUIREMENTS OF NOTICE.—The notice 

18 required under paragraph (1) shall be—

19 ‘‘(A) provided to each voter in a uniform 

20 and nondiscriminatory manner; 

21 ‘‘(B) consistent with the requirements of 

22 the National Voter Registration Act of 1993 

23 (42 U.S.C. 1973gg et seq.); and 

24 ‘‘(C) in the form and manner prescribed by 

25 the Election Assistance Commission. 
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1 ‘‘(c) EFFECTIVE DATE.—Each State shall be re2 quired to comply with the requirements of this section on 

3 and after January 1, 2007.’’. 

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

5 for subtitle C of title III of such Act, as added by this 

6 Act, is amended by adding at the end the following new 

7 item:

‘‘Sec. 324. Removal from voter registration list.’’.

8 SEC. 10. EARLY VOTING. 

9 (a) REQUIREMENTS.—

10 (1) IN GENERAL.—Subtitle C of title III of the 

11 Help America Vote Act of 2002, as added and 

12 amended by this Act, is amended by adding at the 

13 end the following new section: 

14 ‘‘SEC. 325. EARLY VOTING. 

15 ‘‘(a) IN GENERAL.—Each State shall allow individ16 uals to vote in an election for Federal office not less than 

17 15 days prior to the day scheduled for such election in 

18 the same manner as voting is allowed on such day. 

19 ‘‘(b) MINIMUM EARLY VOTING REQUIREMENTS.—

20 Each polling place which allows voting prior to the day 

21 of a Federal election pursuant to subsection (a) shall—

22 ‘‘(1) allow such voting for no less than 4 hours 

23 on each day (other than Sunday); and 

24 ‘‘(2) have uniform hours each day for which 

25 such voting occurs. 
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1 ‘‘(c) APPLICATION OF ELECTION DAY REGISTRATION

2 TO EARLY VOTING.—A State shall permit individuals to 

3 register to vote at each polling place which allows voting 

4 prior to the day of a Federal election pursuant to sub5 section (a) in the same manner as the State is required 

6 to permit individuals to register to vote and vote on the 

7 day of the election under section 323. 

8 ‘‘(d) EFFECTIVE DATE.—Each State shall be re9 quired to comply with the requirements of this section on 

10 and after January 1, 2007.’’. 

11 (2) CLERICAL AMENDMENT.—The table of con12 tents for subtitle C of title III of such Act, as added 

13 by this Act, is amended by adding at the end the fol14 lowing new item:

‘‘Sec. 325. Early voting.’’.

15 (b) STANDARDS FOR EARLY VOTING.—

16 (1) IN GENERAL.—Subtitle E of the Help 

17 America Vote Act of 2002, as added and amended 

18 by this Act, is amended by adding at the end the fol19 lowing new section: 

20 ‘‘SEC. 299B. STANDARDS FOR EARLY VOTING. 

21 ‘‘(a) IN GENERAL.—The Commission shall issue 

22 standards for the administration of voting prior to the day 

23 scheduled for a Federal election. Such standards shall in24 clude the nondiscriminatory geographic placement of poll25 ing places at which such voting occurs. 
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1 ‘‘(b) DEVIATION.—The standards described in sub2 section (a) shall permit States, upon providing adequate 

3 public notice, to deviate from any requirement in the case 

4 of unforeseen circumstances such as a natural disaster, 

5 terrorist attack, or a change in voter turnout.’’. 

6 (2) CLERICAL AMENDMENT.—The table of con7 tents for subtitle E of title II of such Act, as added 

8 by this Act, is amended by adding at the end the fol9 lowing new item:

‘‘Sec. 299B. Standards for early voting.’’.

10 SEC. 11. ACCELERATION OF STUDY ON ELECTION DAY AS A 

11 PUBLIC HOLIDAY. 

12 (a) IN GENERAL.—Section 241 of the Help America 

13 Vote Act of 2002 (42 U.S.C. 15381) is amended by adding 

14 at the end the following new subsection: 

15 ‘‘(d) REPORT ON ELECTION DAY.—

16 ‘‘(1) IN GENERAL.—The report required under 

17 subsection (a) with respect to election administration 

18 issues described in subsection (b)(10) shall be sub19 mitted not later than 6 months after the date of the 

20 enactment of the Voting Opportunity and Tech21 nology Enhancement Rights Act of 2005. 

22 ‘‘(2) AUTHORIZATION OF APPROPRIATIONS.—Of 

23 the amount authorized to be appropriated under sec24 tion 210 for fiscal year 2006, $100,000 shall be au-
32

•HR 533 IH 

1 thorized solely to carry out the purposes of this sub2 section.’’. 

3 (b) EFFECTIVE DATE.—The amendment made by 

4 this section shall take effect on the date of the enactment 

5 of this Act. 

6 SEC. 12. IMPROVEMENTS TO VOTING SYSTEMS. 

7 (a) IN GENERAL.—Subparagraph (B) of section 

8 301(a)(1) of the Help America Vote Act of 2002 (42 

9 U.S.C. 15481(a)(1)(B)) is amended by striking ‘‘, a punch 

10 card voting system, or a central count voting system’’. 

11 (b) CLARIFICATION OF REQUIREMENTS FOR PUNCH

12 CARD SYSTEMS.—Subparagraph (A) of section 301(a)(1) 

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

14 15481(a)(1)(A)) is amended by inserting ‘‘punch card vot15 ing system,’’ after ‘‘any’’. 

16 SEC. 13. VOTER REGISTRATION. 

17 (a) IN GENERAL.—Paragraph (4) of section 303(b) 

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

19 15483(b)(4)) is amended by adding at the end the fol20 lowing new subparagraphs: 

21 ‘‘(C) EXCEPTION.—On and after January 

22 1, 2007—

23 ‘‘(i) in lieu of the questions and state24 ments required under subparagraph (A), 

25 such mail voter registration form shall in-
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•HR 533 IH 

1 clude an affidavit to be signed by the reg2 istrant attesting both to citizenship and 

3 age; and 

4 ‘‘(ii) subparagraph (B) shall not 

5 apply. 

6 ‘‘(D) APPLICATION TO FORMS DEVELOPED

7 BY STATES.—For purposes of section 6(a)(2) of 

8 the National Voter Registration Act of 1993 

9 (42 U.S.C. 1973gg—4(a)(2)), any form devel10 oped and used by a State for the registration 

11 of voters in elections for Federal office shall not 

12 be considered to meet all of the criteria stated 

13 in section 9(b) of such Act unless the form 

14 meets the requirements of subparagraph (C).’’. 

15 (b) INTERNET REGISTRATION.—

16 (1) IN GENERAL.—Subtitle C of title III of the 

17 Help America Vote Act of 2002, as added and 

18 amended by this Act, is amended by adding at the 

19 end the following new section: 

20 ‘‘SEC. 326. INTERNET REGISTRATION. 

21 ‘‘(a) INTERNET REGISTRATION.—Each State shall 

22 establish a program under which individuals may access 

23 and submit voter registration forms electronically through 

24 the Internet. 
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•HR 533 IH 

1 ‘‘(b) EFFECTIVE DATE.—Each State shall be re2 quired to comply with the requirements of this section on 

3 and after January 1, 2007.’’. 

4 (2) CLERICAL AMENDMENT.—The table of con5 tents for subtitle C of title III of such Act, as added 

6 by this Act, is amended by adding at the end the fol7 lowing new item:

‘‘Sec. 326. Internet registration.’’.

8 (c) STANDARDS FOR INTERNET REGISTRATION.—

9 (1) IN GENERAL.—Subtitle E of the Help 

10 America Vote Act of 2002, as added and amended 

11 by this Act, is amended by adding at the end the fol12 lowing new section: 

13 ‘‘SEC. 299C. STANDARDS FOR INTERNET REGISTRATION 

14 PROGRAMS. 

15 ‘‘The Commission shall establish standards regarding 

16 the design and operation of programs which allow elec17 tronic voter registration through the Internet.’’. 

18 (2) CLERICAL AMENDMENT.—The table of con19 tents for subtitle E of title II of such Act, as added 

20 by this Act, is amended by adding at the end the fol21 lowing new item:

‘‘Sec. 299C. Standards for Internet registration programs.’’.

22 SEC. 14. ESTABLISHING VOTER IDENTIFICATION. 

23 (a) IN GENERAL.—
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•HR 533 IH 

1 (1) IN PERSON VOTING.—Clause (i) of section 

2 303(b)(2)(A) of the Help America Vote Act of 2002 

3 (42 U.S.C. 15483(b)(2)(A)(i)) is amended by strik4 ing ‘‘or’’ at the end of subclause (I) and by adding 

5 at the end the following new subclause: 

6 ‘‘(III) executes a written affidavit 

7 attesting to such individual’s identity; 

8 or’’. 

9 (2) VOTING BY MAIL.—Clause (ii) of section 

10 303(b)(2)(A) of the Help America Vote Act of 2002 

11 (42 U.S.C. 15483(b)(2)(A)(ii)) is amended by strik12 ing ‘‘or’’ at the end of subclause (I), by striking the 

13 period at the end of subclause (II) and inserting ‘‘; 

14 or’’, and by adding at the end the following new sub15 clause: 

16 ‘‘(III) a written affidavit, exe17 cuted by such individual, attesting to 

18 such individual’s identity.’’. 

19 (b) STANDARDS FOR VERIFYING VOTER INFORMA20 TION.—

21 (1) IN GENERAL.—Subtitle E of the Help 

22 America Vote Act of 2002, as added and amended 

23 by this Act, is amended by adding at the end the fol24 lowing new section: 
36

•HR 533 IH 

1 ‘‘SEC. 299D. VOTER IDENTIFICATION. 

2 ‘‘The Commission shall develop standards for 

3 verifying the identification information required under sec4 tion 303(a)(5) in connection with the registration of an 

5 individual to vote in a Federal election.’’. 

6 (2) CLERICAL AMENDMENT.—The table of con7 tents for subtitle E of title II of such Act, as added 

8 by this Act, is amended by adding at the end the fol9 lowing new item:

‘‘Sec. 299D. Voter identification.’’.

10 SEC. 15. IMPARTIAL ADMINISTRATION OF ELECTIONS. 

11 (a) ELECTION ADMINISTRATION REQUIREMENTS.—

12 (1) IN GENERAL.—Subtitle C of title III of the 

13 Help America Vote Act of 2002, as added and 

14 amended by this Act, is amended by adding at the 

15 end the following new section: 

16 ‘‘SEC. 327. ELECTION ADMINISTRATION REQUIREMENTS. 

17 ‘‘(a) NOTICE OF CHANGES IN STATE ELECTION

18 LAWS.—Not later than 15 days prior to any Federal elec19 tion, each State shall issue a public notice describing all 

20 changes in State law affecting the administration of Fed21 eral elections since the most recent prior election. 

22 ‘‘(b) OBSERVERS.—

23 ‘‘(1) IN GENERAL.—Each State shall allow uni24 form and nondiscriminatory access to any polling 
37

•HR 533 IH 

1 place for purposes of observing a Federal election 

2 to—

3 ‘‘(A) voting rights and civil rights organi4 zations; and 

5 ‘‘(B) nonpartisan domestic observers and 

6 international observers. 

7 ‘‘(2) NOTICE OF DENIAL OF OBSERVATION RE8 QUEST.—Each State shall issue a public notice with 

9 respect to any denial of a request by any observer 

10 described in paragraph (1) for access to any polling 

11 place for purposes of observing a Federal election. 

12 Such notice shall be issued not later than 24 hours 

13 after such denial. 

14 ‘‘(3) NO INTERFERENCE WITH ELECTION PER15 MITTED.—Nothing in this subsection may be con16 strued to permit any individual observing a Federal 

17 election pursuant to this subsection to engage in 

18 campaign activity at a polling place or interfere in 

19 any way with the conduct of the election. 

20 ‘‘(c) EFFECTIVE DATE.—Each State shall be re21 quired to comply with the requirements of this section on 

22 and after January 1, 2007.’’. 

23 (2) CLERICAL AMENDMENT.—The table of con24 tents for subtitle C of title III of such Act, as added 
38

•HR 533 IH 

1 by this Act, is amended by adding at the end the fol2 lowing new item:

‘‘Sec. 327. Election administration requirements.’’.

3 (b) STUDY OF ADMINISTRATION OF ELECTIONS BY

4 NONPARTISAN BOARDS.—

5 (1) STUDY.—The Election Assistance Commis6 sion shall conduct a study analyzing the feasibility 

7 and desirability of requiring States to carry out the 

8 administration of elections for Federal office 

9 through nonpartisan election boards. 

10 (2) REPORT.—Not later than January 1, 2007, 

11 the Commission shall submit a report to Congress 

12 and the relevant committees of Congress on the 

13 study conducted under paragraph (1). 

14 SEC. 16. STRENGTHENING THE ELECTION ASSISTANCE 

15 COMMISSION. 

16 (a) BUDGET REQUESTS.—

17 (1) IN GENERAL.—Part 1 of subtitle A of title 

18 II of the Help America Vote Act of 2002 (42 U.S.C. 

19 15321 et seq.) is amended by inserting after section 

20 209 the following new section: 

21 ‘‘SEC. 209A. SUBMISSION OF BUDGET REQUESTS. 

22 ‘‘Whenever the Commission submits any budget esti23 mate or request to the President or the Office of Manage24 ment and Budget, it shall concurrently transmit a copy 
39

•HR 533 IH 

1 of such estimate or request to the Congress and to all rel2 evant committees of the House and Senate.’’. 

3 (2) CLERICAL AMENDMENT.—The table of con4 tents for part 1 of subtitle A of title II of such Act 

5 is amended by inserting after the item relating to 

6 section 209 the following new item:

‘‘Sec. 209A. Submission of budget requests.’’.

7 (b) EXEMPTION FROM PAPERWORK REDUCTION

8 ACT.—Paragraph (1) of section 3502 of title 44, United 

9 States Code, is amended by redesignating subparagraphs 

10 (B), (C), and (D) as subparagraphs (C), (D), and (E), 

11 respectively, and by inserting after subparagraph (A) the 

12 following new subparagraph: 

13 ‘‘(B) the Election Assistance Commis14 sion;’’. 

15 (c) RULEMAKING.—Section 209 of the Help America 

16 Vote Act of 2002 (42 U.S.C. 15239) is amended—

17 (1) by striking ‘‘The Commission’’ and insert18 ing the following: 

19 ‘‘(a) IN GENERAL.—Except as provided in subsection 

20 (b), the Commission’’, and 

21 (2) by inserting at the end the following new 

22 subsection: 

23 ‘‘(b) EXCEPTION.—On and after January 1, 2007, 

24 subsection (a) shall not apply to any authority granted 

25 under subtitle E of this title or subtitle C of title III.’’. 
40

•HR 533 IH 

1 (d) NIST AUTHORITY.—

2 (1) IN GENERAL.—Subtitle E of title II of the 

3 Help America Vote Act of 2002, as added and 

4 amended by this Act, is amended by adding at the 

5 end the following new section: 

6 ‘‘SEC. 299E. TECHNICAL SUPPORT. 

7 ‘‘At the request of the Commission, the Director of 

8 the National Institute of Standards and Technology shall 

9 provide the Commission with technical support necessary 

10 for the Commission to carry out its duties under this 

11 title.’’. 

12 (2) CLERICAL AMENDMENT.—The table of con13 tents for subtitle E of title II of such Act, as added 

14 by this Act, is amended by adding at the end the fol15 lowing new item:

‘‘Sec. 299E. Technical support.’’.

16 (e) AUTHORIZATION OF APPROPRIATIONS.—Section 

17 210 of the Help America Vote Act of 2002 (42 U.S.C. 

18 15330) is amended by striking ‘‘for each of fiscal years 

19 2003 through 2005 such sums as may be necessary (but 

20 not to exceed $10,000,000 for each such year)’’ and in21 serting ‘‘$23,000,000 for fiscal year 2006 (of which 

22 $3,000,000 are authorized solely to carry out the purposes 

23 of section 299E) and such sums as may be necessary for 

24 succeeding fiscal years’’. 
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•HR 533 IH 

1 SEC. 17. ADDITIONAL PROTECTIONS TO ENSURE FAIR AD2 MINISTRATION OF FEDERAL ELECTIONS. 

3 (a) STANDARDS AND TRAINING FOR ELECTION OFFI4 CIALS WORKING AT POLLING PLACES.—

5 (1) REQUIRING STATES TO MEET STAND6 ARDS.—

7 (A) IN GENERAL.—Subtitle C of title III of 

8 the Help America Vote Act of 2002, as added 

9 and amended by this Act, is amended by adding 

10 at the end the following new section: 

11 ‘‘SEC. 328. STANDARDS AND TRAINING FOR ELECTION OFFI12 CIALS WORKING AT POLLING PLACES. 

13 ‘‘(a) IN GENERAL.—No individual shall be permitted 

14 to serve as an election official at any polling place used 

15 for any election for Federal office, unless the individual 

16 is certified as having completed the poll worker training 

17 program established by the Commission under section 

18 299F. 

19 ‘‘(b) EXCEPTION FOR EMERGENCIES.—A State may 

20 waive the application of subsection (a) in the case of an 

21 emergency. 

22 ‘‘(c) EFFECTIVE DATE.—Each State shall be re23 quired to comply with the requirements of this section on 

24 and after January 1, 2007.’’. 

25 (B) CLERICAL AMENDMENT.—The table of 

26 contents for subtitle C of title III of such Act, 
42

•HR 533 IH 

1 as added by this Act, is amended by adding at 

2 the end the following new item:

‘‘Sec. 328. Standards and training for election officials working at polling 

places.’’.

3 (2) POLL WORKER TRAINING PROGRAM.—

4 (A) IN GENERAL.—Subtitle E of title II of 

5 the Help America Vote Act of 2002, as added 

6 and amended by this Act, is amended by adding 

7 at the end the following new section: 

8 ‘‘SEC. 299F. POLL WORKER TRAINING PROGRAM. 

9 ‘‘(a) ESTABLISHMENT OF PROGRAM.—The Commis10 sion shall establish a program for the training of individ11 uals to serve as election officials at polling places used for 

12 elections for Federal office, including polling places used 

13 on a day during which a State allows early voting for a 

14 Federal election in accordance with the standards deter15 mined under section 299B. 

16 ‘‘(b) REQUIREMENTS FOR CERTIFICATION UNDER

17 PROGRAM.—An individual may not be certified as having 

18 completed the training program established under this sec19 tion unless the individual meets the following require20 ments: 

21 ‘‘(1) The individual has completed not fewer 

22 than 8 hours of training not later than 2 months 

23 prior to the date of the election for which the indi24 vidual will serve as an election official. 
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•HR 533 IH 

1 ‘‘(2) If the polling place at which the individual 

2 will serve as an election official uses an electronic or 

3 electromechanical voting system, the individual has 

4 been trained to check the system’s calibration, power 

5 status, and other mechanical features affecting the 

6 ability of the system to function properly. 

7 ‘‘(3) The individual meets such other require8 ments as the Commission may establish.’’. 

9 (B) CLERICAL AMENDMENT.—The table of 

10 contents for subtitle E of title II of such Act, 

11 as added by this Act, is amended by adding at 

12 the end the following new item:

‘‘Sec. 299F. Poll worker training program.’’.

13 (b) REQUIRING USE OF PUBLICLY AVAILABLE OPEN

14 SOURCE SOFTWARE IN VOTING MACHINES.—

15 (1) REQUIRING USE OF OPEN SOURCE SOFT16 WARE.—

17 (A) IN GENERAL.—Subtitle C of title III of 

18 the Help America Vote Act of 2002, as added 

19 and amended by this Act, is amended by adding 

20 at the end the following new section: 

21 ‘‘SEC. 329. REQUIRING USE OF PUBLICLY AVAILABLE OPEN 

22 SOURCE SOFTWARE IN VOTING MACHINES. 

23 ‘‘(a) IN GENERAL.—Each State shall ensure that 

24 each voting machine used by the State for elections for 

25 Federal office uses open source software which may be ac-
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•HR 533 IH 

1 cessible for inspection by the public, in accordance with 

2 standards established by the Commission under section 

3 299G. 

4 ‘‘(b) EFFECTIVE DATE.—Each State shall be re5 quired to comply with the requirements of this section on 

6 and after January 1, 2007.’’. 

7 (B) CLERICAL AMENDMENT.—The table of 

8 contents for subtitle C of title III of such Act, 

9 as added by this Act, is amended by adding at 

10 the end the following new item:

‘‘Sec. 329. Requiring use of publicly available open source software in voting 

machines.’’.

11 (2) ESTABLISHMENT OF STANDARDS.—

12 (A) IN GENERAL.—Subtitle E of title II of 

13 the Help America Vote Act of 2002, as added 

14 and amended by this Act, is amended by adding 

15 at the end the following new section: 

16 ‘‘SEC. 299G. STANDARDS FOR PUBLICLY AVAILABLE OPEN 

17 SOURCE SOFTWARE IN VOTING MACHINES. 

18 ‘‘The Commission shall establish standards for the 

19 software used in voting machines for elections for Federal 

20 offices, including standards to ensure that all such soft21 ware is open source software which may be accessible for 

22 inspection by the public.’’. 

23 (B) CLERICAL AMENDMENT.—The table of 

24 contents for subtitle E of title II of such Act, 
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•HR 533 IH 

1 as added by this Act, is amended by adding at 

2 the end the following new item:

‘‘Sec. 299G. Standards for publicly available open source software in voting machines.’’.

3 (c) STANDARDS FOR RECOUNTING BALLOTS.—

4 (1) REQUIRING STATES TO MEET STANDARDS

5 FOR RECOUNTS.—

6 (A) IN GENERAL.—Subtitle C of title III of 

7 the Help America Vote Act of 2002, as added 

8 and amended by this Act, is amended by adding 

9 at the end the following new section: 

10 ‘‘SEC. 329A. STANDARDS FOR CONDUCTING RECOUNTS. 

11 ‘‘(a) IN GENERAL.—In conducting any recount with 

12 respect to any election for Federal office in the State, the 

13 State shall meet the standards established by the Commis14 sion under section 299H. 

15 ‘‘(b) EFFECTIVE DATE.—Each State shall be re16 quired to comply with the requirements of this section on 

17 and after January 1, 2007.’’. 

18 (B) CLERICAL AMENDMENT.—The table of 

19 contents for subtitle C of title III of such Act, 

20 as added by this Act, is amended by adding at 

21 the end the following new item:

‘‘Sec. 329A. Standards for conducting recounts.’’.

22 (2) ESTABLISHMENT OF STANDARDS.—
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•HR 533 IH 

1 (A) IN GENERAL.—Subtitle E of title II of 

2 the Help America Vote Act of 2002, as added 

3 and amended by this Act, is amended by adding 

4 at the end the following new section: 

5 ‘‘SEC. 299H. STANDARDS FOR RECOUNTS IN FEDERAL 

6 ELECTIONS. 

7 ‘‘The Commission shall establish standards for the 

8 conducting of a recount of the results of any election for 

9 Federal office, including standards for determining who 

10 may request a recount, who may witness the recount, and 

11 the deadline for completing the recount (which, in the case 

12 of an election for electors for the President and Vice Presi13 dent, may not be later than 7 business days prior to the 

14 deadline referred to in section 12 of title 3, United States 

15 Code, for the receipt by the President of the Senate of 

16 the certificates of votes and lists referred to in sections 

17 9 and 11 of such title). ’’. 

18 (B) CLERICAL AMENDMENT.—The table of 

19 contents for subtitle E of title II of such Act, 

20 as added by this Act, is amended by adding at 

21 the end the following new item:

‘‘Sec. 299H. Standards for recounts in Federal elections.’’.

22 (d) PROHIBITING CONFLICTS OF INTEREST OF ENTI23 TIES INVOLVED IN MANUFACTURE, DISTRIBUTION, OR

24 OTHER ACTIVITIES RELATING TO VOTING MACHINES.—
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1 (1) PROHIBITING AGREEMENTS BY STATES

2 WITH ENTITIES FAILING TO MEET ANTI-CONFLICT

3 OF INTEREST STANDARDS.—

4 (A) IN GENERAL.—Subtitle C of title III of 

5 the Help America Vote Act of 2002, as added 

6 and amended by this Act, is amended by adding 

7 at the end the following new section: 

8 ‘‘SEC. 329B. PROHIBITING AGREEMENTS WITH ENTITIES 

9 FAILING TO MEET ANTI-CONFLICT OF INTER10 EST STANDARDS FOR ENTITIES INVOLVED 

11 WITH VOTING MACHINES. 

12 ‘‘(a) IN GENERAL.—In carrying out an election for 

13 Federal office, a State may not enter into any agreement 

14 with an entity regarding the manufacture, distribution, in15 stallation, servicing, or other activity with respect to a vot16 ing machine to be used for the election if the entity is 

17 not in compliance with the standards established by the 

18 Commission under section 299I for prohibiting conflicts 

19 of interest of such entities. 

20 ‘‘(b) EFFECTIVE DATE.—Each State shall be re21 quired to comply with the requirements of this section on 

22 and after January 1, 2007.’’. 

23 (B) CLERICAL AMENDMENT.—The table of 

24 contents for subtitle C of title III of such Act, 
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•HR 533 IH 

1 as added by this Act, is amended by adding at 

2 the end the following new item:

‘‘Sec. 329B. Prohibiting agreement with entities failing to meet anti-conflict of 

interest standards for entities involved with voting machines.’’.

3 (2) ESTABLISHMENT OF STANDARDS.—

4 (A) IN GENERAL.—Subtitle E of title II of 

5 the Help America Vote Act of 2002, as added 

6 and amended by this Act, is amended by adding 

7 at the end the following new section: 

8 ‘‘SEC. 299I. STANDARDS FOR PROHIBITING CONFLICTS OF 

9 INTEREST OF ENTITIES INVOLVED IN MANU10 FACTURE, DISTRIBUTION, OR OTHER ACTIVI11 TIES RELATING TO VOTING MACHINES. 

12 ‘‘The Commission shall establish standards to pro13 hibit conflicts of interest of entities engaged in the manu14 facture, distribution, installation, servicing, or other activi15 ties with respect to voting machines, including standards 

16 to prohibit any such entity from directly or indirectly pro17 viding any funds or property (including in-kind funds and 

18 property) to any candidate for public office, any political 

19 party, any political committee under the Federal Election 

20 Campaign Act of 1971, any organization described in sec21 tion 527 of the Internal Revenue Code of 1986, or any 

22 other entity organized for any partisan political purpose.’’. 

23 (B) CLERICAL AMENDMENT.—The table of 

24 contents for subtitle E of title II of such Act, 
49

•HR 533 IH 

1 as added by this Act, is amended by adding at 

2 the end the following new item:

‘‘Sec. 299I. Standards for prohibiting conflicts of interest of entities involved in 

manufacture, distribution, or other activities relating to voting 

machines.’’.

3 SEC. 18. AUTHORIZATION OF APPROPRIATIONS. 

4 Subsection (a) of section 257 of the Help America 

5 Vote Act of 2002 (42 U.S.C. 15408(a)) is amended by 

6 adding at the end the following new paragraphs: 

7 ‘‘(4) For fiscal year 2006, $2,000,000,000. 

8 ‘‘(5) For each fiscal year after 2006, such sums 

9 as are necessary.’’. 

10 SEC. 19. EFFECTIVE DATE. 

11 This Act and the amendments made by this Act shall 

12 take effect on January 1, 2007.

Æ