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[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5036 Reported in House (RH)]

                                                 Union Calendar No. 360
110th CONGRESS
  2d Session
                                H. R. 5036

                      [Report No. 110-582, Part I]

 To direct the Administrator of General Services to reimburse certain 
 jurisdictions for the costs of obtaining paper ballot voting systems 
  for the general elections for Federal office to be held in November 
 2008, to reimburse jurisdictions for the costs incurred in conducting 
  audits or hand counting of the results of the general elections for 
  Federal office to be held in November 2008, and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            January 17, 2008

   Mr. Holt (for himself, Mr. Tom Davis of Virginia, Mr. Wexler, Mr. 
 Emanuel, Mr. Conyers, Mr. Lewis of Georgia, Mrs. Maloney of New York, 
   Ms. Schakowsky, Mr. Waxman, Mr. George Miller of California, Mr. 
 Abercrombie, Mr. Inslee, Ms. Baldwin, Mr. Farr, Mr. Ryan of Ohio, Mr. 
Honda, Mr. Doggett, Mr. Blumenauer, Mr. Hare, Mr. Loebsack, Mr. Sires, 
 Mr. Frank of Massachusetts, Mr. Weiner, Mr. Berman, Mr. DeFazio, Ms. 
 Hirono, Mr. Grijalva, Mr. Davis of Illinois, Mr. Rothman, Mr. Olver, 
 Mr. Fattah, Mr. Doyle, Ms. Kaptur, Ms. Watson, Mr. Hinchey, Mr. Klein 
 of Florida, and Mr. Crowley) introduced the following bill; which was 
 referred to the Committee on House Administration, and in addition to 
      the Committee on Science and Technology, 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

                             April 14, 2008

   Additional sponsors: Mrs. Capps, Mr. Price of North Carolina, Ms. 
  Sutton, Mr. Ellison, Mr. McGovern, Mrs. Tauscher, Ms. Giffords, Ms. 
    Corrine Brown of Florida, Mr. Boyd of Florida, Mr. Thompson of 
California, Mr. Al Green of Texas, Mr. Gordon of Tennessee, Mr. Levin, 
Mr. Altmire, Ms. Eddie Bernice Johnson of Texas, Mr. Moran of Virginia, 
Ms. Wasserman Schultz, Mr. Wynn, Ms. Woolsey, Ms. Jackson-Lee of Texas, 
 Mr. Pallone, Mr. Gene Green of Texas, Ms. Kilpatrick, Mr. Cooper, Mr. 
Jackson of Illinois, Ms. Clarke, Mr. Pastor, Mr. Chandler, Mr. Becerra, 
   Mr. Cohen, Mr. Kildee, Mr. Patrick J. Murphy of Pennsylvania, Mr. 
Barrow, Ms. Linda T. Sanchez of California, Mr. Delahunt, Mr. Tierney, 
 Mr. Stark, Ms. Schwartz, Ms. Shea-Porter, Mr. Courtney, Mr. Clay, Ms. 
 DeGette, Mr. Braley of Iowa, Mr. Engel, Mr. Payne, Mr. Matheson, Mr. 
 Johnson of Georgia, Ms. Matsui, Mrs. Lowey, Mr. Rangel, Mr. McNulty, 
Mr. Boucher, Mr. Udall of Colorado, Ms. Lee, Mr. Murtha, and Mr. Snyder

                             April 14, 2008

  Reported from the Committee on House Administration with amendments
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

                             April 14, 2008

   Committee on Science and Technology discharged; committed to the 
 Committee of the Whole House on the State of the Union and ordered to 
                               be printed
[For text of introduced bill, see copy of bill as introduced on January 
                               17, 2008]

_______________________________________________________________________

                                 A BILL

 
 To direct the Administrator of General Services to reimburse certain 
 jurisdictions for the costs of obtaining paper ballot voting systems 
  for the general elections for Federal office to be held in November 
 2008, to reimburse jurisdictions for the costs incurred in conducting 
  audits or hand counting of the results of the general elections for 
  Federal office to be held in November 2008, 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.

    This Act may be cited as the ``Emergency Assistance for Secure 
Elections Act of 2008''.

SEC. 2. PAYMENTS TO CERTAIN JURISDICTIONS CONDUCTING 2008 GENERAL 
              ELECTIONS.

    (a) Reimbursement for Conversion to Paper Ballot Voting System.--
            (1) In general.--The Election Assistance Commission shall 
        pay to each eligible jurisdiction an amount equal to the sum of 
        the following:
                    (A) The documented reasonable costs paid or 
                incurred by such jurisdiction to replace any voting 
                systems used to conduct the general elections for 
                Federal office held in November 2006 that did not use 
                or produce a paper ballot verified by the voter or a 
                paper ballot printout verifiable by the voter at the 
                time the vote is cast with paper ballot voting systems.
                    (B) The documented reasonable costs paid or 
                incurred by such jurisdiction to obtain non-tabulating 
                ballot marking devices that are accessible for 
                individuals with disabilities in accordance with the 
                requirements of section 301(a)(3) of the Help America 
                Vote Act of 2002.
                    (C) The documented reasonable costs paid or 
                incurred by such jurisdiction to obtain ballot marking 
                stations or voting booths for the protection of voter 
                privacy.
                    (D) The documented reasonable costs paid or 
                incurred by such jurisdiction to obtain paper ballots.
                    (E) The documented reasonable costs paid or 
                incurred by such jurisdiction to obtain precinct-based 
                equipment that tabulates paper ballots or scans paper 
                ballots.
                    (F) The documented reasonable administrative costs 
                paid or incurred by such jurisdiction that are 
                associated with meeting the requirements for an 
                eligible jurisdiction.
            (2) Eligible jurisdiction defined.--In this subsection, an 
        ``eligible jurisdiction'' means a jurisdiction that submits to 
        the Commission (and, in the case of a county or equivalent 
        jurisdiction, provides a copy to the State), at such time and 
        in such form as the Commission may require, an application 
        containing--
                    (A) assurances that the jurisdiction conducted 
                regularly scheduled general elections for Federal 
                office in November 2006 using (in whole or in part) a 
                voting system that did not use or produce a paper 
                ballot verified by the voter or a paper ballot printout 
                verifiable by the voter at the time the vote is cast;
                    (B) assurances that the jurisdiction will conduct 
                the regularly scheduled general elections for Federal 
                office to be held in November 2008 using only paper 
                ballot voting systems;
                    (C) assurances that the jurisdiction has obtained 
                or will obtain a sufficient number of non-tabulating 
                ballot marking devices that are accessible for 
                individuals with disabilities in accordance with the 
                requirements of section 301(a)(3) of the Help America 
                Vote Act of 2002;
                    (D) assurances that the jurisdiction has obtained 
                or will obtain a sufficient number of ballot marking 
                stations or voting booths for the protection of voter 
                privacy;
                    (E) assurances that the jurisdiction has obtained 
                or will obtain a sufficient number of paper ballots;
                    (F) such information and assurances as the 
                Commission may require to make the determinations under 
                paragraph (1); and
                    (G) such other information and assurances as the 
                Commission may require.
            (3) Determinations of reasonableness of costs.--The 
        determinations under paragraph (1) of whether costs paid or 
        incurred by a jurisdiction are reasonable shall be made by the 
        Commission.
            (4) Paper ballot voting system defined.--In this 
        subsection, a ``paper ballot voting system'' means a voting 
        system that uses a paper ballot marked by the voter by hand or 
        a paper ballot marked by the voter with the assistance of a 
        non-tabulating ballot marking device described in paragraph 
        (1)(B).
    (b) Reimbursement for Retrofitting of Direct Recording Electronic 
Voting Systems to Produce Voter Verifiable Paper Records.--
            (1) In general.--The Commission shall pay to each eligible 
        jurisdiction an amount equal to the documented reasonable costs 
        paid or incurred by such jurisdiction to retrofit direct 
        recording electronic voting systems so that the systems will 
        produce a voter verifiable paper record of the marked ballot 
        for verification by the voter at the time the vote is cast, 
        including the costs of obtaining printers to produce the 
        records.
            (2) Eligible jurisdiction defined.--In this subsection, an 
        ``eligible jurisdiction'' means a jurisdiction that submits to 
        the Commission (and, in the case of a county or equivalent 
        jurisdiction, provides a copy to the State), at such time and 
        in such form as the Commission may require, an application 
        containing--
                    (A) assurances that the jurisdiction has obtained 
                or will obtain a printer for and retrofit each direct 
                recording electronic voting system used to conduct the 
                general elections for Federal office held in November 
                2008 so that the system will produce a voter verifiable 
                paper record of the marked ballot for verification by 
                the voter;
                    (B) such information and assurances as the 
                Commission may require to make the determinations under 
                paragraph (1); and
                    (C) such other information and assurances as the 
                Commission may require.
            (3) Determination of reasonableness of costs.--The 
        determinations under paragraph (1) of whether costs paid or 
        incurred by a jurisdiction are reasonable shall be made by the 
        Commission.
    (c) Reimbursement for Provision of Backup Paper Ballots by 
Jurisdictions Using Direct Recording Electronic Voting Systems.--
            (1) In general.--The Commission shall pay to each eligible 
        jurisdiction an amount equal to the documented reasonable costs 
        paid or incurred by such jurisdiction to obtain, deploy, and 
        tabulate backup paper ballots (and related supplies and 
        equipment) that may be used in the event of the failure of a 
        direct recording electronic voting system in the regularly 
        scheduled general elections for Federal office to be held in 
        November 2008.
            (2) Eligible jurisdiction defined.--In this subsection, an 
        ``eligible jurisdiction'' means a jurisdiction that submits to 
        the Commission (and, in the case of a county or equivalent 
        jurisdiction, provides a copy to the State), at such time and 
        in such form as the Commission may require, an application 
        containing--
                    (A) assurances that the jurisdiction will post, in 
                a conspicuous manner at all polling places at which a 
                direct recording electronic voting system will be used 
                in such elections, a notice stating that backup paper 
                ballots are available at the polling place and that a 
                voter is entitled to use such a ballot upon the failure 
                of a voting system;
                    (B) assurances that the jurisdiction counts each 
                such backup paper ballot cast by a voter as a regular 
                ballot cast in the election, and does not treat it (for 
                eligibility purposes) as a provisional ballot under 
                section 302(a) of the Help America Vote Act of 2002, 
                unless the individual casting the ballot would have 
                otherwise been required to cast a provisional ballot;
                    (C) such information and assurances as the 
                Commission may require to make the determinations under 
                paragraph (1); and
                    (D) such other information and assurances as the 
                Commission may require.
            (3) Determination of reasonableness of costs.--The 
        determinations under paragraph (1) of whether costs paid or 
        incurred by a jurisdiction are reasonable shall be made by the 
        Commission.
    (d) Amounts.--There are authorized to be appropriated to the 
Commission such sums as may be necessary for payments under this 
section. Any amounts appropriated pursuant to the authorization under 
this subsection shall remain available until expended.

SEC. 3. PAYMENTS FOR CONDUCTING MANUAL AUDITS OF RESULTS OF 2008 
              GENERAL ELECTIONS.

    (a) Payments.--
            (1) Eligibility for payments.--If a State conducts manual 
        audits of the results of any of the regularly scheduled general 
        elections for Federal office in November 2008 (and, at the 
        option of the State, conducts audits of elections for State and 
        local office held at the same time as such election) in 
        accordance with the requirements of this section, the 
        Commission shall make a payment to the State in an amount equal 
        to the documented reasonable costs incurred by the State in 
        conducting the audits.
            (2) Certification of compliance and costs.--
                    (A) Certification required.--In order to receive a 
                payment under this section, a State shall submit to the 
                Commission, in such form as the Commission may require, 
                a statement containing--
                            (i) a certification that the State 
                        conducted the audits in accordance with all of 
                        the requirements of this section;
                            (ii) a statement of the reasonable costs 
                        incurred in conducting the audits; and
                            (iii) such other information and assurances 
                        as the Commission may require.
                    (B) Amount of payment.--The amount of a payment 
                made to a State under this section shall be equal to 
                the reasonable costs incurred in conducting the audits.
                    (C) Determination of reasonableness of costs.--The 
                determinations under this paragraph of whether costs 
                incurred by a State are reasonable shall be made by the 
                Commission.
            (3) Timing of payments.--The Commission shall make the 
        payment required under this section to a State not later than 
        30 days after receiving the statement submitted by the State 
        under paragraph (2).
            (4) Mandatory immediate reimbursement of counties and other 
        jurisdictions.--If a county or other jurisdiction responsible 
        for the administration of an election in a State incurs costs 
        as the result of the State conducting an audit of the election 
        in accordance with this section, the State shall reimburse the 
        county or jurisdiction for such costs immediately upon 
        receiving the payment from the Commission under paragraph (3).
            (5) Authorization of appropriations.--There are authorized 
        to be appropriated to the Commission such sums as may be 
        necessary for payments under this section. Any amounts 
        appropriated pursuant to the authorization under this 
        subsection shall remain available until expended.
    (b) Audit Requirements.--In order to receive a payment under this 
section for conducting an audit, the State shall meet the following 
minimum requirements:
            (1) Not later than 30 days before the date of the regularly 
        scheduled general election for Federal office in November 2008, 
        the State shall establish and publish guidelines, standards, 
        and procedures to be used in conducting audits in accordance 
        with this section.
            (2) The State shall select an appropriate entity to oversee 
        the administration of the audit, in accordance with such 
        criteria as the State considers appropriate consistent with the 
        requirements of this section, except that the entity must meet 
        a general standard of independence as defined by the State.
            (3) The State shall determine whether the units in which 
        the audit will be conducted will be precincts or some 
        alternative auditing unit, and shall apply that determination 
        in a uniform manner for all audits conducted in accordance with 
        this section.
            (4) The State shall select the precincts or alternative 
        auditing units in which audits are conducted in accordance with 
        this section in a random manner following the election after 
        the final unofficial vote count (as defined by the State) has 
        been announced, such that each precinct or alternative auditing 
        unit in which the election was held has an equal chance of 
        being selected, subject to paragraph (9), except that the State 
        shall ensure that at least one precinct or alternative auditing 
        unit is selected in each county in which the election is held.
            (5) The audit shall be conducted in not less than 2 percent 
        of the precincts or alternative auditing units in the State (in 
        the case of a general election for the office of Senator) or 
        the Congressional district involved (in the case of an election 
        for the office of Representative in, or Delegate or Resident 
        Commissioner to, the Congress).
            (6) The State shall determine the stage of the tabulation 
        process at which the audit will be conducted, and shall apply 
        that determination in a uniform manner for all audits conducted 
        in accordance with this section, except that the audit shall 
        commence within 48 hours after the State or jurisdiction 
        involved announces the final unofficial vote count (as defined 
        by the State) in each precinct in which votes are cast in the 
        election which is the subject of the audit.
            (7) With respect to each precinct or alternative audit unit 
        audited, the State shall ensure that a voter verified paper 
        ballot or paper ballot printout verifiable by the voter at the 
        time the vote is cast is available for every vote cast in the 
        precinct or alternative audit unit, and that the tally produced 
        by counting all of those paper ballots or paper ballot 
        printouts by hand is compared with the corresponding final 
        unofficial vote count (as defined by the State) announced with 
        respect to that precinct or audit unit in the election.
            (8) Within each precinct or alternative audit unit, the 
        audit shall include all ballots cast by all individuals who 
        voted in or who are under the jurisdiction of the precinct or 
        alternative audit unit with respect to the election, including 
        absentee ballots (subject to paragraph (9)), early ballots, 
        emergency ballots, and provisional ballots, without regard to 
        the time, place, or manner in which the ballots were cast.
            (9) If a State establishes a separate precinct for purposes 
        of counting the absentee ballots cast in the election and 
        treats all absentee ballots as having been cast in that 
        precinct, and if the state does not make absentee ballots 
        sortable by precinct and include those ballots in the hand 
        count described in paragraph (7) which is administered with 
        respect to that precinct, the State may divide absentee ballots 
        into audit units approximately equal in size to the average 
        precinct in the State in terms of the number of ballots cast, 
        and shall randomly select and include at least 2 percent of 
        those audit units in the audit. Any audit carried out with 
        respect to such an audit unit shall meet the same standards 
        applicable under paragraph (7) to audits carried out with 
        respect to other precincts and alternative audit units, 
        including the requirement that all paper ballots be counted by 
        hand.
            (10) The audit shall be conducted in a public and 
        transparent manner, such that members of the public are able to 
        observe the entire process.
    (c) Collection and Submission of Audit Results; Publication.--
            (1) State submission of report.--In order to receive a 
        payment under this section, a State shall submit to the 
        Commission a report, in such form as the Commission may 
        require, on the results of each audit conducted under this 
        section.
            (2) Commission action.--The Commission may request 
        additional information from a State based on the report 
        submitted under paragraph (1).
            (3) Publication.--The Commission shall publish each report 
        submitted under paragraph (1) upon receipt.
    (d) Delay in Certification of Results by State.--No State may 
certify the results of any election which is subject to an audit under 
this section prior to completing the audit, resolving discrepancies 
discovered in the audit, and submitting the report required under 
subsection (c).

SEC. 4. PAYMENTS FOR CONDUCTING HAND COUNTS OF RESULTS OF 2008 GENERAL 
              ELECTIONS.

    (a) Payments.--
            (1) Eligibility for payments.--If a State, county, or 
        equivalent location tallies the results of any regularly 
        scheduled general election for Federal office in November 2008 
        by conducting a hand count of the votes cast on the paper 
        ballots used in the election (including paper ballot printouts 
        verifiable by the voter at the time the vote is cast) in 
        accordance with the requirements of this section, the 
        Commission shall make a payment to the State, county, or 
        equivalent location in an amount equal to the documented 
        reasonable costs incurred by the State, county, or equivalent 
        location in conducting the hand counts.
            (2) Certification of compliance and costs.--
                    (A) Certification required.--In order to receive a 
                payment under this section, a State, county, or 
                equivalent location shall submit to the Commission 
                (and, in the case of a county or equivalent 
                jurisdiction, shall provide a copy to the State), in 
                such form as the Commission may require, a statement 
                containing--
                            (i) a certification that the State, county, 
                        or equivalent location conducted the hand 
                        counts in accordance with all of the 
                        requirements of this section;
                            (ii) a statement of the reasonable costs 
                        incurred by the State, county, or equivalent 
                        location in conducting the hand counts; and
                            (iii) such other information and assurances 
                        as the Commission may require.
                    (B) Amount of payment.--The amount of a payment 
                made to a State, county, or equivalent location under 
                this section shall be equal to the reasonable costs 
                incurred by the State, county, or equivalent location 
                in conducting the hand counts.
                    (C) Determination of reasonableness of costs.--The 
                determinations under this paragraph of whether costs 
                incurred by a State, county, or equivalent location are 
                reasonable shall be made by the Commission.
            (3) Timing of payments.--The Commission shall make the 
        payment required under this section to a State, county, or 
        equivalent location not later than 30 days after receiving the 
        statement submitted by the State, county, or equivalent 
        location under paragraph (2).
            (4) Authorization of appropriations.--There are authorized 
        to be appropriated to the Commission such sums as may be 
        necessary for payments under this section. Any amounts 
        appropriated pursuant to the authorization under this 
        subsection shall remain available until expended.
    (b) Hand Counts Described.--
            (1) In general.--A hand count conducted in accordance with 
        this section is a count of all of the paper ballots on which 
        votes were cast in the election (including paper ballot 
        printouts verifiable by the voter at the time the vote is 
        cast), including votes cast on an early, absentee, emergency, 
        and provisional basis, which is conducted by hand to determine 
        the winner of the election and is conducted without using 
        electronic equipment or software.
            (2) Completeness.--With respect to each jurisdiction in 
        which a hand count is conducted, the State, county, or 
        equivalent location shall ensure that a voter verified paper 
        ballot or paper ballot printout verifiable by the voter at the 
        time the vote is cast is available for every vote cast in the 
        jurisdiction.
    (c) Process for Conducting Hand Counts.--
            (1) In general.--In order to meet the requirements of this 
        section, a hand count of the ballots cast in an election shall 
        be conducted in accordance with the following procedures:
                    (A) After the closing of the polls on the date of 
                the election, the appropriate election official shall 
                secure the ballots at the polling place (or, in the 
                case of ballots cast at any other location, at the 
                office of the chief election official of the 
                jurisdiction conducting the hand count).
                    (B) Beginning at any time after the expiration of 
                the 8-hour period that begins at the time the polls 
                close on the date of the election, the jurisdiction 
                shall conduct an initial hand count of the ballots cast 
                in the election, using the ballots which are eligible 
                to be counted in the election as of the time the polls 
                are closed.
                    (C) Any ballot which is eligible to be counted in 
                the election but which is not included in the initial 
                count conducted under subparagraph (B), including a 
                provisional ballot cast by an individual who is 
                determined to be eligible to vote in the election or an 
                absentee ballot received after the date of the election 
                but prior to the applicable deadline under State law 
                for the receipt of absentee ballots, shall be subject 
                to a hand count in accordance with this section and 
                added to the tally conducted under subparagraph (B) not 
                later than 48 hours after the ballot is determined to 
                be eligible to be counted.
                    (D) The hand count shall be conducted by a team of 
                not fewer than 2 individuals who shall be witnessed by 
                at least one observer sitting at the same table with 
                such individuals. Except as provided in paragraph (2), 
                all such individuals shall be election officials of the 
                jurisdiction in which the hand count is conducted. The 
                number of such individuals who are members of the 
                political party whose candidates received the greatest 
                number of the aggregate votes cast in the regularly 
                scheduled general elections for Federal office held in 
                the State in November 2006 shall be equal to the number 
                of such individuals who are members of the political 
                party whose candidates received the second greatest 
                number of the aggregate votes cast in the regularly 
                scheduled general elections for Federal office held in 
                the State in November 2006.
                    (E) After the completion of the hand count, the 
                ballots may be run through a tabulating machine or 
                scanner for comparison with the tally, if such a 
                machine or scanner is available. The use of the 
                tabulating machine or scanner shall be solely to 
                compare with the tally determined by the hand count and 
                not to substitute another tally of the ballots.
            (2) Use of other personnel.--An individual who is not an 
        election official of the jurisdiction in which a hand count is 
        conducted under this section may serve on a team conducting the 
        hand count or may serve as an observer of a team conducting the 
        hand count if the jurisdiction certifies that the individual 
        has completed such training as the jurisdiction deems 
        appropriate to conduct or observe the hand count (as the case 
        may be).
            (3) Location.--The hand counts conducted under this section 
        of the ballots cast in an election shall be conducted--
                    (A) in the case of ballots cast at a polling place 
                on the date of the election, at the polling place at 
                which the ballots were cast; or
                    (B) in the case of any other ballots, at the office 
                of the chief election official of the jurisdiction 
                conducting the hand count.
            (4) Information included in results.--Each hand count 
        conducted under this section shall produce the following 
        information with respect to the election:
                    (A) The vote tally for each candidate.
                    (B) The number of overvotes, undervotes, spoiled 
                ballots, and blank ballots cast (or their equivalents, 
                as defined by the State, county or equivalent 
                location).
                    (C) The number of write-in ballots and the names 
                written in on such ballots pursuant to State law.
                    (D) The total number of ballots cast.
                    (E) A record of judgement calls made regarding 
                voter intent.
            (5) Public observation of hand counts.--Each hand count 
        conducted under this section shall be conducted in a manner 
        that allows public observation of the entire process (including 
        the opening of the ballot boxes or removal of machine-printed 
        ballots from their containers, the sorting, counting, and 
        notation of results, and the announcement of final 
        determinations) sufficient to confirm but not interfere with 
        the proceedings.
            (6) Establishment and publication of procedures.--Prior to 
        the date of the regularly scheduled general election for 
        Federal office held in November 2008, a State, county, or 
        equivalent location shall establish and publish procedures for 
        carrying out hand counts under this subsection.
    (d) Application to Jurisdictions Conducting Elections With Direct 
Recording Electronic Voting Systems.--
            (1) Requiring systems to produce voter verifiable paper 
        record.--If a State, county, or equivalent location uses a 
        direct recording electronic voting system to conduct an 
        election, the State, county, or equivalent location may not 
        receive a payment under this section for conducting a hand 
        count of the votes cast in the election unless (in addition to 
        meeting the other requirements applicable under this section) 
        the State, county, or equivalent location certifies to the 
        Commission that each such system produces a paper record 
        printout of the marked ballot which is verifiable by the voter 
        at the time the vote is cast.
            (2) Treatment of paper record printouts.--In applying this 
        section to a hand count conducted by a State, county, or 
        equivalent location which provides a certification to the 
        Commission under paragraph (1), the paper record printout 
        referred to in such paragraph shall be treated as the paper 
        ballot used in the election.
    (e) Announcement and Posting of Results.--Upon the completion of a 
hand count conducted under this section, the State, county, or 
equivalent location shall announce the results to the public and post 
them on a public Internet site.
    (f) Use of Hand Count in Certification of Results.--The State shall 
use the results of the hand count conducted under this section for 
purposes of certifying the results of the election involved. Nothing in 
this section may be construed to affect the application or operation of 
any State law governing the recount of the results of an election.

SEC. 5. STUDY, TESTING, AND DEVELOPMENT OF PRODUCTS AND PRACTICES TO 
              ENSURE ACCESSIBILITY OF PAPER BALLOT VERIFICATION AND 
              CASTING FOR CERTAIN INDIVIDUALS.

    (a) Study, Testing, and Development.--The Director of the National 
Institute of Standards and Technology (hereafter in this section 
referred to as the ``Director'') shall study, test, and develop 
products and practices that ensure the accessibility of paper ballot 
verification and casting for individuals with disabilities, for voters 
whose primary language is not English, and for voters with difficulties 
in literacy, including the mechanisms themselves and the processes 
through which the mechanisms are used. In carrying out this subsection, 
the Director shall specifically investigate existing and potential 
methods or devices, including non-electronic devices, that will assist 
such individuals and voters in creating voter-verified paper ballots, 
presenting or transmitting the information printed or marked on such 
ballots back to such individuals and voters in an accessible form, and 
enabling the voters to cast the ballots.
    (b) Report.--Not later than June 30, 2009, the Director shall 
submit a report to Congress on the results of the studying, testing, 
and development of products and practices under subsection (a).
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated to the Director such sums as may be necessary to carry out 
this section, to remain available until expended.

SEC. 6. DEFINITIONS.

    In this Act--
            (1) the term ``Commission'' means the Election Assistance 
        Commission; and
            (2) the term ``State'' includes the District of Columbia, 
        the Commonwealth of Puerto Rico, Guam, American Samoa, and the 
        United States Virgin Islands.
            Amend the title so as to read: ``A bill to direct the 
        Election Assistance Commission to reimburse certain 
        jurisdictions for the costs of obtaining paper ballot voting 
        systems for the general elections for Federal office to be held 
        in November 2008, to reimburse jurisdictions for the costs 
        incurred in conducting audits or hand counting of the results 
        of the general elections for Federal office to be held in 
        November 2008, and for other purposes.''.
                                                 Union Calendar No. 360

110th CONGRESS

  2d Session

                               H. R. 5036

                      [Report No. 110-582, Part I]

_______________________________________________________________________

                                 A BILL

 To direct the Administrator of General Services to reimburse certain 
 jurisdictions for the costs of obtaining paper ballot voting systems 
  for the general elections for Federal office to be held in November 
 2008, to reimburse jurisdictions for the costs incurred in conducting 
  audits or hand counting of the results of the general elections for 
  Federal office to be held in November 2008, and for other purposes.

_______________________________________________________________________

                             April 14, 2008

   Committee on Science and Technology discharged; committed to the 
 Committee of the Whole House on the State of the Union and ordered to 
                               be printed
```