```

[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 804 Introduced in Senate (IS)]

110th CONGRESS
  1st Session
                                 S. 804

       To amend the Help America Vote Act of 2002 to improve the 
administration of elections for Federal office, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             March 7, 2007

  Mrs. Clinton (for herself, Mrs. Boxer, Ms. Mikulski, Mr. Kerry, Mr. 
  Leahy, and Mr. Lautenberg) introduced the following bill; which was 
  read twice and referred to the Committee on Rules and Administration

_______________________________________________________________________

                                 A BILL

 
       To amend the Help America Vote Act of 2002 to improve the 
administration of elections for Federal office, and for other purposes.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Count Every Vote 
Act of 2007''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
                TITLE I--VOTER VERIFICATION AND AUDITING

Sec. 101. Promoting accuracy, integrity, and security through 
                            preservation of a voter-verified paper 
                            record.
Sec. 102. Requirement for mandatory manual audits.
Sec. 103. Specific, delineated requirement of study, testing, and 
                            development of best practices.
Sec. 104. Voter-verification and audit capacity funding.
Sec. 105. Reports and provision of security consultation services.
Sec. 106. Improvements to voting systems.
Sec. 107. Requirements for testing laboratories.
                     TITLE II--PROVISIONAL BALLOTS

Sec. 201. Requirements for casting and counting provisional ballots.
 TITLE III--ADDITIONAL REQUIREMENTS UNDER THE HELP AMERICA VOTE ACT OF 
                                  2002

                Subtitle A--Shortening Voter Wait Times

Sec. 301. Equitable allocation of voting systems, poll workers, and 
                            election resources.
Sec. 302. State plans to prevent unreasonable wait times; remedial 
                            plans; emergency ballots.
                 Subtitle B--No-Excuse Absentee Voting

Sec. 311. No-excuse absentee voting.
       Subtitle C--Collection and Dissemination of Election Data

Sec. 321. Data collection.
                Subtitle D--Ensuring Well-Run Elections

Sec. 331. Training of poll workers.
Sec. 332. Impartial administration of elections.
Sec. 333. Study on encouraging government employees and secondary 
                            school students to serve as poll workers.
                Subtitle E--Standards for Purging Voters

Sec. 341. Standards for purging voters.
         Subtitle F--Election Day Registration and Early Voting

Sec. 351. Election day registration.
Sec. 352. Early voting.
                   Subtitle G--Newly Eligible Voters

Sec. 361. Encouraging the registration of newly eligible voters.
Sec. 362. Civic education pilot program.
            TITLE IV--VOTER REGISTRATION AND IDENTIFICATION

Sec. 401. Voter registration.
Sec. 402. Establishing voter identification for certain voters who 
                            register by mail.
Sec. 403. Requirement for Federal certification of technological 
                            security of voter registration lists.
Sec. 404. Coordination with state databases.
          TITLE V--PROHIBITION ON CERTAIN CAMPAIGN ACTIVITIES

Sec. 501. Prohibition on certain campaign activities.
                  TITLE VI--ENDING DECEPTIVE PRACTICES

Sec. 601. Ending deceptive practices.
             TITLE VII--CIVIC PARTICIPATION BY EX-OFFENDERS

Sec. 701. Voting rights of individuals convicted of criminal offenses.
                  TITLE VIII--FEDERAL ELECTION DAY ACT

Sec. 801. Short title.
Sec. 802. Federal Election Day as a public holiday.
        TITLE IX--ADDITIONAL IMPROVEMENTS TO ELECTION PROCEDURES

Sec. 901. Transmission of certificate of ascertainment of electors.
Sec. 902. Study on feasibility of creating ranking system of State 
                            election administration processes.
       TITLE X--STRENGTHENING THE ELECTION ASSISTANCE COMMISSION

Sec. 1001. Strengthening the Election Assistance Commission.
Sec. 1002. Repeal of exemption of Election Assistance Commission from 
                            certain government contracting 
                            requirements.
Sec. 1003. Membership of Technical Guidelines Development Committee.
Sec. 1004. Authorization of appropriations for requirements payments.
                        TITLE XI--EFFECTIVE DATE

Sec. 1101. Effective date.

                TITLE I--VOTER VERIFICATION AND AUDITING

SEC. 101. PROMOTING ACCURACY, INTEGRITY, AND SECURITY THROUGH 
              PRESERVATION OF A VOTER-VERIFIED PAPER RECORD.

    (a) Voter Verification and Manual Audit Capacity.--
            (1) In general.--Section 301(a)(2) of the Help America Vote 
        Act of 2002 (42 U.S.C. 15481(a)(2)) is amended to read as 
        follows:
            ``(2) Voter verification and manual audit capacity.--
                    ``(A) Voter verification.--
                            ``(i) The voting system shall produce, or 
                        require the use of, an individual voter-
                        verified paper record of the voter's vote that 
                        shall be made available for inspection and 
                        verification by the voter, or marked by the 
                        voter, before the vote is cast.
                            ``(ii) The voting system shall provide the 
                        voter with an opportunity to correct any error 
                        made by the system in the voter-verified paper 
                        record before the permanent voter-verified 
                        paper record is preserved in accordance with 
                        subparagraph (B)(i).
                            ``(iii) The voter-verified paper record 
                        shall use durable paper of archival quality 
                        capable of withstanding multiple counts and 
                        recounts without compromising the fundamental 
                        integrity of the records, and capable of 
                        retaining the information marked, printed, or 
                        recorded on them for the full duration of the 
                        retention and preservation period called for by 
                        title III of the Civil Rights Act of 1960 (42 
                        U.S.C. 1974 et seq.) or under applicable State 
                        law, whichever is longer. The paper records 
                        shall not be produced through a reel-to- reel 
                        design.
                            ``(iv) The voter-verified paper record 
                        shall not be preserved in any manner that makes 
                        it possible, at any time after the ballot has 
                        been cast, to associate a voter with the record 
                        of the votes selected by the voter.
                    ``(B) Manual audit capacity.--The permanent voter-
                verified paper record produced in accordance with 
                subparagraph (A) shall--
                            ``(i) be preserved within the polling 
                        place, in the manner, if any, in which all 
                        other paper ballots are preserved within that 
                        polling place, or, in the manner employed by 
                        the jurisdiction for preserving paper ballots 
                        in general, for later use in any manual audit;
                            ``(ii) be suitable for a manual audit 
                        equivalent to that of any paper ballot voting 
                        system;
                            ``(iii) be the official ballot for use in 
                        any recount or audit conducted with respect to 
                        any Federal election in which the system is 
                        used; and
                            ``(iv) in the event of an inconsistency 
                        between an electronic vote tally and the vote 
                        tally determined by a hand count of the 
                        individual voter-verified paper records, be 
                        considered the true and correct record of the 
                        votes cast, except as provided in subparagraph 
                        (C).
                    ``(C) Special rules relating to compromised paper 
                records.--In the event of an inconsistency between an 
                electronic vote tally and the vote tally determined by 
                a hand count of the individual voter-verified paper 
                records, the paper records shall be presumed to be 
                authoritative in determining the official count for the 
                election, unless it is demonstrated by clear and 
                convincing evidence, that the set of paper ballots 
                associated with a particular machine has been 
                compromised (by damage or mischief or otherwise).''.
            (2) Conforming amendment.--Section 301(a)(1)(A)(ii) of such 
        Act (42 U.S.C. 15481(a)(1)(A)(ii)) is amended by inserting 
        ``and before the paper ballot is preserved under paragraph 
        (2)'' before the semicolon at the end.
    (b) Voter-Verification of Results for Individuals With Disabilities 
and Language Minority Voters.--Section 301(a) of such Act (42 U.S.C. 
15481(a)) is amended by striking paragraphs (3) and (4) and inserting 
the following:
            ``(3) Accessibility for individuals with disabilities.--
                    ``(A) In general.--The voting system shall--
                            ``(i) be accessible for individuals with 
                        disabilities, including nonvisual accessibility 
                        for the blind and visually impaired, in a 
                        manner that provides the same opportunity for 
                        access, participation (including privacy and 
                        independence), inspection, and verification as 
                        for other voters;
                            ``(ii) satisfy the requirement of clause 
                        (i) through the use of at least one voting 
                        system equipped for individuals with 
                        disabilities at each polling place; and
                            ``(iii) if purchased with funds made 
                        available under title II on or after January 1, 
                        2007, meet the voting system standards for 
                        disability access (as outlined in this 
                        paragraph).
                    ``(B) Verification requirements.--Any voting system 
                described in subparagraph (A)(ii) shall produce, or 
                require the use of, in accordance with paragraph 
                (2)(A), an individual voter-verified paper record 
                that--
                            ``(i) is produced using a mechanism that 
                        separates the function of vote generation from 
                        the function of vote casting;
                            ``(ii) shall be available for visual, 
                        enhanced visual, and audio verification by the 
                        voter, with language translation available for 
                        all forms of inspection and verification in 
                        accordance with the requirements of section 203 
                        of the Voting Rights Act of 1965 (42 U.S.C. 
                        1973aa-1); and
                            ``(iii) shall not preclude the 
                        supplementary use of Braille or tactile ballots 
                        for those voters who need them.
            ``(4) Alternative language accessibility.--Any voting 
        system and paper ballot shall provide alternative language 
        accessibility in a manner that provides the same opportunity 
        for access, participation (including privacy and independence) 
        inspection and verification as for other voters, and shall be 
        subject to the requirements of section 203 of the Voting Rights 
        Act of 1965 to the extent such section is applicable to the 
        State or jurisdiction in which such record is produced.''.
    (c) Additional Voting System Requirements.--Section 301(a) of such 
Act (42 U.S.C. 15481(a)) is amended by adding at the end the following 
new paragraphs:
            ``(7) Instruction of election officials.--Each State shall 
        ensure that election officials are instructed on the right of 
        any individual who requires assistance to vote by reason of 
        blindness, other disability, or inability to read or write to 
        be given assistance by a person chosen by that individual under 
        section 208 of the Voting Rights Act of 1965.
            ``(8) Ballot chain of custody.--The appropriate State 
        election official shall develop and implement, according to 
        guidelines established by the Commission, procedures to monitor 
        and document the chain of custody for election ballots, voter-
        verified paper records, software, hardware and vote storage 
        media before, during, and after an election for Federal office.
            ``(9) Prohibition of use of undisclosed software in voting 
        systems.--No voting system shall at any time contain or use any 
        software not disclosed to the State during the certification 
        process. The appropriate election official shall disclose to 
        the Commission all system documentation, and (in electronic 
        form) the source code, object code, and executable 
        representation of software and firmware (including ballot 
        programming files) of any voting system, and the Commission 
        shall make that source code, object code, and executable 
        representation available for inspection promptly upon request 
        to any citizen, except that the system documentation, source 
        code, object code and executable representation of unmodified 
        commercial off-the-shelf software shall be disclosed only under 
        confidentiality agreement to persons authorized by the State.
            ``(10) Prohibition of communication devices or connection 
        to internet.--
                    ``(A) Prohibition.--No component of any voting 
                device upon which votes are cast or any election 
                management system on which ballots are defined or vote 
                totals are recorded or tabulated shall use, contain, or 
                be accessible by any wireless communication device or 
                be connected to the Internet at any time.
                    ``(B) Election management system described.--For 
                the purposes of this paragraph, the election management 
                system includes the computer server and connected 
                devices within a voting system designed or used to--
                            ``(i) define, develop, or maintain election 
                        results databases;
                            ``(ii) perform election definition and 
                        configuration functions;
                            ``(iii) prepare and format ballots;
                            ``(iv) record or count votes;
                            ``(v) accumulate, consolidate, and report 
                        results; or
                            ``(vi) maintain audit trails.
                    ``(C) Wireless communication devices described.--
                For purposes of this paragraph, prohibited wireless 
                communication devices include radio-frequency wireless, 
                power line, remote, and wide-area communication 
                devices, but do not include enclosed and shielded 
                communications devices, such as infrared communications 
                devices that cannot be used for remote communication.
            ``(11) Usability testing.--Not later than 30 days before an 
        election for Federal office, each State shall undertake testing 
        of its voting systems and ballots to ensure that voters are 
        able to understand the use of the system and ballot and cast 
        their vote accurately, easily, and efficiently.
            ``(12) Security standards for voting systems used in 
        federal elections.--
                    ``(A) In general.--No voting system may be used in 
                an election for Federal office unless the manufacturer 
                of such system and the appropriate election official 
                each meet the applicable requirements described in 
                subparagraph (B).
                    ``(B) Requirements described.--The requirements 
                described in this subparagraph are as follows:
                            ``(i) The appropriate election official 
                        shall ensure that all voting machines and 
                        related supplies to be used in the election 
                        shall remain secured within storage facilities 
                        arranged for by the election official, and 
                        shall not be removed from such facilities until 
                        such time as they are to be delivered to the 
                        relevant polling place and secured at the 
                        polling place until used in the election.
                            ``(ii) The manufacturer and the election 
                        official shall document the chain of custody 
                        for the handling of software, hardware, vote 
                        storage media and ballots used in connection 
                        with voting systems.
                            ``(iii) The manufacturer shall provide the 
                        appropriate election official with the material 
                        necessary for the official to provide 
                        information regarding software and firmware to 
                        the Commission pursuant to paragraph (9).
                            ``(iv) After the appropriate election has 
                        certified the source code, object code, and 
                        executable representation of the voting system 
                        software for use in an election, the 
                        manufacturer may not--
                                    ``(I) alter such codes and 
                                representation;
                                    ``(II) insert or use in the voting 
                                system any software not certified by 
                                the State for use in the election; or
                                    ``(III) insert or use in the voting 
                                system any certified software without 
                                providing notice to the appropriate 
                                election official.
                            ``(v) The manufacturer shall meet standards 
                        established by the Commission to ensure that 
                        all voting systems and related supplies to be 
                        used in the election are secure.
                            ``(vi) The manufacturer shall meet the 
                        requirements of section 319A of the Federal 
                        Election Campaign Act and any other standards 
                        established by the Commission to prevent the 
                        existence or appearance of any conflict of 
                        interest with respect to candidates for public 
                        office and political parties.
                            ``(vii) At the request of the Commission, 
                        the appropriate election official shall submit 
                        information to the Commission regarding the 
                        State's compliance with this subparagraph.''
    (d) Grant Program.--
            (1) In general.--Subtitle D of title II of the Help America 
        Vote Act of 2002 (42 U.S.C. 15401 et seq.) is amended by adding 
        at the end the following new part:

           ``PART 7--VOTING SYSTEM IMPROVEMENT GRANT PROGRAM

``SEC. 297. VOTING SYSTEM IMPROVEMENT GRANT PROGRAM.

    ``(a) In General.--The Commission shall make grants to eligible 
States and localities to carry out activities to improve voting 
technology and enhance the accessibility of voting systems for 
individuals with disabilities, for voters who primary language is not 
English, and for voters with difficulties in literacy, including--
            ``(1) improving voting system technology or developing new 
        designs and technology for voting systems; and
            ``(2) improving the accessibility of voting machines for 
        people with disabilities, providing nonvisual access for voters 
        with visual impairments, and providing assistance to voters 
        with limited proficiency in the English language.
    ``(b) Eligibility.--
            ``(1) In general.--A State locality is eligible to receive 
        a payment under this section with respect to a fiscal year if 
        it submits to the Commission a notice not later than 3 months 
        before the first day of the fiscal year (in such form as the 
        Commission may require) that contains--
                    ``(A) certifications that the State or locality 
                will use the payment (either directly or as 
                reimbursement) to carry out activities described in 
                subsection (a); and
                    ``(B) such other information and certifications as 
                the Commission may require which are necessary for the 
                administration of the program.
            ``(2) Compliance of states that require changes to state 
        law.--In the case of a State or locality located in a State 
        that requires the enactment of State legislation to carry out 
        an activity covered by any certification submitted under this 
        subsection, the State or locality shall be permitted to make 
        the certification notwithstanding that the legislation has not 
        been enacted at the time the certification is submitted, and 
        the State or locality shall submit an additional certification 
        once such legislation is enacted.
    ``(c) Reports.--
            ``(1) In general.--Each recipient of a grant under this 
        section shall submit to the Commission a report describing the 
        activities carried out with the funds provided under the grant.
            ``(2) Deadline.--A recipient shall submit a report required 
        under paragraph (1) not later than 60 days after the end of the 
        fiscal year for which the recipient received the grant which is 
        the subject of the report.
    ``(d) Authorization of Appropriations.--There are authorized to be 
appropriated for grants under this part $10,000,000 for each of the 
fiscal years 2008, 2009, 2010, and 2011.''.
            (2) Clerical amendment.--The table of contents of such Act 
        is amended by adding at the end of the items relating to 
        subtitle D of title II the following:

           ``Part 7--Voting System Improvement Grant Program

``Sec. 297. Voting system improvement grant program.''.

SEC. 102. REQUIREMENT FOR MANDATORY MANUAL AUDITS.

    (a) Mandatory Manual Audits.--Title III of the Help America Vote 
Act of 2002 (42 U.S.C. 15481 et seq.) is amended by adding at the end 
the following new subtitle:

        ``Subtitle C--Mandatory Manual Audits by Chief Auditors

``SEC. 321. MANUAL AUDITS BY STATE OFFICIALS.

    ``(a) In General.--The chief auditor of each State shall administer 
the random unannounced manual mandatory recounts of the voter-verified 
paper ballots of each election for Federal office (and, at the option 
of the State or jurisdiction involved, of elections for State and local 
office held at the same time as such an election for Federal office).
    ``(b) Chief Auditor.--
            ``(1) Designation of chief auditor.--Each State shall 
        designate a State officer or employee as the chief auditor 
        responsible for coordination of State responsibilities under 
        this section.
            ``(2) Designation by election assistance commission.--In 
        the event that no single official in the State meets the 
        definition in subsection (1), the Commission shall designate a 
        State official to serve as chief auditor of the State for 
        purposes of this section.
            ``(3) Independence of chief auditor.--An individual does 
        not qualify as the chief auditor of a State for purposes of 
        this section if the individual--
                    ``(A) is designated as the chief election official 
                of the State under section 10 of the National Voter 
                Registration Act of 1993, or is an employee of or 
                reports to such chief election official;
                    ``(B) is serving in any position on any political 
                campaign committee of any candidate for federal office 
                in the election that is subject to the manual audit; or
                    ``(C) serves as the chief executive officer, chief 
                financial officer, chief operating officer, or 
                president of any entity that designs, manufacturers, or 
                sells a voting system used in an election for Federal 
                office.

``SEC. 322. NUMBER OF BALLOTS COUNTED UNDER AUDIT.

    ``(a) In General.--Except as provided in subsection (b), the number 
of voter-verified paper ballots that will be subject to a hand count 
administered by the chief auditor under this subtitle with respect to 
an election shall be determined as follows:
            ``(1) In the event that the initial vote count under 
        section 324(a)(1) reveals that the margin of victory between 
        the two candidates receiving the largest number of votes in the 
        election is less than 1 percent of the total votes cast in the 
        election, the hand counts of the voter-verified paper ballots 
        shall occur in 10 percent of all precincts (or equivalent 
        locations) in the Congressional district involved (in the case 
        of an election for the House of Representatives) or the State 
        (in the case of any other election for Federal office).
            ``(2) In the event that the initial vote count under 
        section 324(a)(1) reveals that the margin of victory between 
        the two candidates receiving the largest number of votes in the 
        election is greater than or equal to 1 percent but less than 2 
        percent of the total votes cast in the election, the hand 
        counts of the voter-verified paper ballots shall occur in 5 
        percent of all precincts (or equivalent locations) in the 
        Congressional district involved (in the case of an election for 
        the House of Representatives) or the State (in the case of any 
        other election for Federal office).
            ``(3) In the event that the unofficial count as described 
        in section 324(a)(1) reveals that the margin of victory between 
        the two candidates receiving the largest number of votes in the 
        election is equal to or greater than 2 percent of the total 
        votes cast in that election, the hand counts of the voter-
        verified paper ballots shall occur in 3 percent of all 
        precincts (or equivalent locations) in the Congressional 
        district (in the case of an election for the House of 
        Representatives) or the State (in the case of any other 
        election for Federal office).
    ``(b) Use of Alternate Mechanism.--Notwithstanding subsection (a), 
a State may adopt and apply an alternative mechanism to determine the 
number of voter-verified paper ballots that will be subject to the hand 
counts required under this subtitle with respect to an election, so 
long as the National Institute of Standards and Technology determines 
that the alternative mechanism will be at least as effective in 
ensuring the accuracy of the election results and as transparent as the 
procedure under subsection (a).

``SEC. 323. SELECTION OF PRECINCTS.

    ``The selection of the precincts in the State in which the manual 
audit shall be conducted under this subtitle shall be made by the chief 
auditor on an entirely random basis using a uniform distribution in 
which all precincts (or other audited units permitted pursuant to 
section 322(b)) in a State have an equal chance of being selected, in 
accordance with such procedures as the chief auditor determines 
appropriate, except that--
            ``(1) at least one precinct or audited unit (or equivalent 
        jurisdiction) shall be selected in each county (or equivalent 
        jurisdiction);
            ``(2) the chief auditor shall publish the procedures prior 
        to the selection of the precincts or audited units; and
            ``(3) the chief auditor shall conduct and announce the 
        selection of the precincts at a public meeting.

``SEC. 324. PROCEDURE FOR CONDUCTING AUDITS.

    ``(a) In General.--The chief auditor shall administer the conduct 
of an audit under this section of the results of an election in 
accordance with the following procedures:
            ``(1) As soon as practicable following the closing of the 
        polls, local or county election officials shall complete the 
        initial vote count for every precinct and publicly announce and 
        report to the State the results of each initial vote count.
            ``(2) Not later than 24 hours after the State announces the 
        final vote count in each precinct in the State, the chief 
        auditor shall determine and then announce the precincts (or 
        other auditable units) in the State in which audits will be 
        conducted.
            ``(3) As soon as practicable after the announcement of the 
        precincts (or other auditable units) in which an audit shall be 
        conducted, local or county elections staff, or wherever 
        appropriate the chief auditor, shall begin to count by hand the 
        voter-verified ballots produced and preserved under section 
        301(a)(2)(A) in each precinct (or other auditable unit) in 
        which the audit will be conducted and compare those ballots 
        with the initial count of such votes as announced by the State.
            ``(4) Local or county officials shall conduct the recount 
        using procedures developed in consultation with the chief 
        auditor and operating under the oversight of the chief auditor.
    ``(b) Additional Audits if Cause Shown.--If the chief auditor finds 
that any of the hand counts conducted under this section do not match 
the initial vote count of the results of an election, the chief auditor 
shall administer hand counts under this section of such additional 
precincts (or equivalent jurisdictions) as the chief auditor considers 
appropriate to resolve any concerns about the accuracy of the results.
    ``(c) Public Observation of the Audit.--The audits conducted under 
this subtitle shall be conducted in a manner that allows for 
observation by the public. Each State shall issue uniform and 
nondiscriminatory standards for granting access to the audit that 
include reasonable restrictions designed to avoid disruption and 
crowding of the audit.
    ``(d) No Preclusion of State Audits.--Nothing in this subtitle 
shall be construed to preclude a State from conducting audits or 
recounts of the election in addition to those audits required under 
this subtitle.

``SEC. 325. PUBLICATION OF RESULTS.

    ``(a) Submission to Commission.--As soon as practicable after the 
completion of an audit conducted under this subtitle, the Chief Auditor 
of a State shall submit to the Commission a report containing the 
results of the audit, including a list of any discrepancies between the 
initial vote count and any subsequent manual counts of the voter-
verified paper record by precinct or audited unit, any explanations for 
such discrepancies, and a tally of all overvotes, undervotes, blank 
ballots, spoiled ballots, and cancellations recorded on the voter-
verified paper record.
    ``(b) Publication by Commission.--Immediately after receiving the 
submission of the results of an audit from the Chief Auditor of a State 
under subsection (a), the Commission shall announce and publish the 
information contained in the submission.

``SEC. 326. PAYMENTS TO STATES.

    ``(a) Payments for Costs of Conducting Audits.--The Commission 
shall make a payment to a State to cover the reasonable costs incurred 
by the State in carrying out this subtitle with respect to the 
elections that are the subject of the audits conducted under this 
subtitle.
    ``(b) Authorization of Appropriations.--There are authorized to be 
appropriated to the Commission for fiscal year 2008 and each succeeding 
fiscal year such sums as may be necessary for payments under this 
section.

``SEC. 327. EFFECTIVE DATE.

    ``This subtitle shall apply with respect to regularly scheduled 
general elections for Federal office beginning with the elections held 
in November 2008.''.
    (b) Availability of Enforcement.--Section 401 of such Act (42 
U.S.C. 15511) is amended by striking the period at the end and 
inserting the following: ``, or the requirements of subtitle C of title 
III.''.
    (c) Study of Selection of Precincts for Manual Audits.--Not later 
than 1 year after the date of the enactment of this Act, the Election 
Assistance Commission shall conduct a study and make recommendations on 
methods to ensure that the mandatory manual audits conducted under 
subtitle C of title III of the Help America Vote Act of 2002 (as added 
by subsection (a)) reflect a representative demographic (including by 
socioeconomic, age, and ethnicity) in the selection of the precincts or 
other audited units subject to the audits.

SEC. 103. SPECIFIC, DELINEATED REQUIREMENT OF STUDY, TESTING, AND 
              DEVELOPMENT OF BEST PRACTICES.

    (a) In General.--Subtitle C of title II of the Help America Vote 
Act of 2002 (42 U.S.C. 15381 et seq.) is amended--
            (1) by redesignating section 247 as section 250; and
            (2) by inserting after section 246 the following new 
        sections:

``SEC. 247. STUDY, TESTING, AND DEVELOPMENT OF BEST PRACTICES TO 
              IMPROVE VOTING SYSTEMS AND ENHANCE ACCESSIBILITY AND 
              VOTER-VERIFICATION MECHANISMS FOR VOTERS WITH 
              DISABILITIES.

    ``(a) Study; Development of Best Practices.--The Director of the 
National Institute of Standards and Technology shall study, test, and 
develop best practices to investigate and encourage existing and 
potential emerging technologies in voting systems and design 
innovations, and enhance the accessibility of ballot verification 
mechanisms for individuals with disabilities, for alternative language 
voters, and for voters with difficulties in literacy, including best 
practices for the mechanisms themselves and the processes through which 
the mechanisms are used.
    ``(b) Deadline.--The Director shall complete the requirements of 
subsection (a) not later than January 1, 2010.
    ``(c) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out subsection (a) $5,000,000, to remain 
available until expended.

``SEC. 248. STUDY, TESTING, AND DEVELOPMENT OF BEST PRACTICES REGARDING 
              BALLOT CHAIN OF CUSTODY.

    ``The Commission shall study, test, and develop best practices for 
documenting the chain of custody for election ballots.

``SEC. 249. STUDY, TESTING, AND DEVELOPMENT OF BEST PRACTICES FOR 
              DESIGN AND USABILITY TESTING OF BALLOTS.

    ``(a) Study and Report.--
            ``(1) In general.--The National Institute for Standards and 
        Technology shall conduct or contract with one or more parties 
        to conduct studies on the best practices for ballot design, 
        ballot instructions, and the testing of ballots, and shall 
        produce one or more reports examining which practices increase 
        and decrease the likelihood that voter intent is accurately 
        recorded.
            ``(2) Deadline.--The National Institute for Standards and 
        Technology shall complete and make available to the public the 
        studies and reports described in paragraph (1) not later than 
        February 1, 2008.
            ``(3) Authorization of appropriations.--There are 
        authorized to be appropriated to the National Institute of 
        Standards and Technology $1,000,000 to carry out this 
        subsection.
    ``(b) Guidance.--Not later than May 1, 2008, the Commission shall 
adopt voluntary guidance on the best practices for ballot design, 
instructions, and testing based on the study and report under 
subsection (a).''.
    (b) Clerical Amendment.--The table of contents of such Act is 
amended--
            (1) by redesignating the item relating to section 247 as 
        relating to section 250; and
            (2) by inserting after the item relating to section 246 the 
        following:

``Sec. 247. Study, testing, and development of best practices to 
                            improve voting systems and enhance 
                            accessibility and voter-verification 
                            mechanisms for voters with disabilities.
``Sec. 248. Study, testing, and development of best practices regarding 
                            ballot chain of custody.
``Sec. 249. Study, testing, and development of best practices for 
                            design and usability testing of ballots.''.
    (c) Effective Date.--The amendments made by this section shall take 
effect on the date of the enactment of this Act.

SEC. 104. VOTER-VERIFICATION AND AUDIT CAPACITY FUNDING.

    (a) In General.--Subtitle D of title II of the Help America Vote 
Act of 2002 (42 U.S.C. 15401 et seq.), as amended by this Act, is 
amended by adding at the end the following new part:

        ``PART 8--VOTER-VERIFICATION AND AUDIT CAPACITY FUNDING

``SEC. 297A. VOTER-VERIFICATION AND AUDIT CAPACITY FUNDING.

    ``(a) Payments to States.--Subject to subsection (b), not later 
than the date that is 30 days after the date of the enactment of the 
Count Every Vote Act of 2007, the Commission shall pay to each State an 
amount to assist the State in paying for the implementation of the 
voter-verification and audit capacity requirements of paragraphs (2) 
and (3) of section 301(a), as amended by subsections (a) and (b) of 
section 101 of the Count Every Vote Act of 2007.
    ``(b) Limitation.--The amount paid to a State under subsection (a) 
for each voting system purchased by a State may not exceed the average 
cost of adding a printer with accessibility features to each type of 
voting system that the State could have purchased to meet the 
requirements described in such subsection.
    ``(c) Appropriations.--
            ``(1) Payments to states.--There are authorized and 
        appropriated $500,000,000, without fiscal year limitation, to 
        make payments to States under this section.
            ``(2) Assistance by commission.--There are authorized and 
        appropriated $20,000,000 to the Commission, for each of fiscal 
        years 2008 through 2012, in addition to any amounts otherwise 
        appropriated for administrative costs, to assist with the 
        implementation of voter verification systems and improved 
        security measures.''.
    (b) Clerical Amendment.--The table of contents of such Act, as 
amended by this Act, is amended by adding at the end of the items 
relating to subtitle D of title II the following:

        ``Part 8--Voter-Verification and Audit Capacity Funding

``Sec. 297A. Voter-verification and audit capacity funding.''.
    (c) Effective Date.--The amendment made by this section shall take 
effect on the date of the enactment of this Act.

SEC. 105. REPORTS AND PROVISION OF SECURITY CONSULTATION SERVICES.

    (a) In General.--Subtitle C of title II of the Help America Vote 
Act of 2002 (42 U.S.C. 15381 et seq.), as amended by this Act, is 
amended by inserting after section 249 the following new section.

``SEC. 249A. REPORTS AND PROVISION OF SECURITY CONSULTATION SERVICES.

    ``(a) Report to Congress on Security Review.--Not later than 6 
months after the date of the enactment of the Count Every Vote Act of 
2007, the Commission, in consultation with the Director of the National 
Institute of Standards and Technology, shall submit to Congress a 
report on a proposed security review and certification process for all 
voting systems used in elections for Federal office, including a 
description of the certification process to be implemented under 
section 231.
    ``(b) Report to Congress on Operational and Management Systems.--
Not later than 3 months after the date of the enactment of the Count 
Every Vote Act of 2007, the Commission shall submit to Congress a 
report on operational and management systems applicable with respect to 
elections for Federal office, including the security standards for 
manufacturers described in section 301(a)(12), that should be employed 
to safeguard the security of voting systems, together with a proposed 
schedule for the implementation of each such system.
    ``(c) Provision of Security Consultation Services.--
            ``(1) In general.--On and after the date of the enactment 
        of the Count Every Vote Act of 2007, the Commission, in 
        consultation with the Director of the National Institute of 
        Standards and Technology, shall provide security consultation 
        services to States and local jurisdictions with respect to the 
        administration of elections for Federal office.
            ``(2) Appropriations.--To carry out the purposes of 
        paragraph (1), there are authorized and appropriated $2,000,000 
        for each of fiscal years 2008 through 2012.''.
    (b) Clerical Amendment.--The table of contents of such Act, as 
amended by this Act, is amended by inserting after the item relating to 
section 249 the following:

``Sec. 249A. Reports and provision of security consultation 
                            services.''.

SEC. 106. IMPROVEMENTS TO VOTING SYSTEMS.

    (a) In General.--Section 301(a)(1)(B) of the Help America Vote Act 
of 2002 (42 U.S.C. 15481(a)(1)(B)) is amended by striking ``, a punch 
card voting system, or a central count voting system''.
    (b) Clarification of Requirements for Punch Card Systems.--Section 
301(a)(1)(A) of such Act (42 U.S.C. 15481(a)(1)(A)) is amended in the 
matter preceding clause (i) by striking ``any lever voting system'' and 
inserting ``any punch card voting system, lever voting system''.
    (c) Residual Vote Benchmark.--Section 301(a)(5) of such Act (42 
U.S.C. 15481(a)(5)) is amended to read as follows:
            ``(5) Error rates.--
                    ``(A) Initial rates.--With respect to elections 
                occurring prior to the regularly scheduled general 
                election held in November 2008, the error rate of the 
                voting system in counting ballots (determined by taking 
                into account only those errors which are attributable 
                to the voting system and not attributable to an act of 
                the voter) shall comply with the error rate standards 
                established under section 3.2.1 of the voting systems 
                standards issued by the Federal Election Commission 
                which are in effect on the date of the enactment of 
                this Act.
                    ``(B) Application of commission standards.--With 
                respect to the regularly scheduled general election for 
                Federal office held in November 2008 and each 
                subsequent election for Federal office, the error rate 
                of the voting system in counting ballots (determined by 
                taking into account only those errors which are 
                attributable to the voting system and not attributable 
                to an act of the voter) shall not exceed the error rate 
                standards established under the voting systems 
                standards issued and maintained by the Commission.
                    ``(C) Residual ballot performance benchmark.--In 
                addition to the error rate standards described in 
                subparagraph (B), the Commission shall issue and 
                maintain a uniform benchmark for the residual ballot 
                error rate that jurisdictions may not exceed. For 
                purposes of the preceding sentence, the residual vote 
                error rate shall be equal to the combination of 
                overvotes, spoiled or uncountable votes, and undervotes 
                cast in the contest at the top of the ballot, but 
                excluding an estimate, based upon the best available 
                research, of intentional undervotes. The Commission 
                shall base the benchmark issued and maintained under 
                this subparagraph on evidence of good practices in 
                representative jurisdictions.
                    ``(D) Historically high intentional undervotes.--
                            ``(i) Finding.--Congress finds that there 
                        are certain distinct communities in certain 
                        geographic areas that have historically high 
                        rates of intentional undervoting in elections 
                        for Federal office, relative to the rest of the 
                        Nation.
                            ``(ii) Treatment of certain distinct 
                        communities.--In establishing the benchmark 
                        described in subparagraph (B), the Election 
                        Assistance Commission shall--
                                    ``(I) study and report to Congress 
                                on the occurrences of distinct 
                                communities that have significantly 
                                higher than average rates of historical 
                                intentional undervoting; and
                                    ``(II) promulgate for local 
                                jurisdictions in which that distinct 
                                community has a substantial presence 
                                either a separate benchmark or an 
                                exclusion from the national benchmark, 
                                as appropriate.''.

SEC. 107. REQUIREMENTS FOR TESTING LABORATORIES.

    (a) Requirements for Laboratories.--Section 231 of the Help America 
Vote Act of 2002 (42 U.S.C. 15371(b)) is amended--
            (1) by redesignating subsections (c) and (d) as subsections 
        (h) and (i); and
            (2) by inserting after subsection (b) the following new 
        subsections:
    ``(c) Escrow Fund for Payment of Laboratories.--
            ``(1) Establishment of escrow account.--The Commission 
        shall establish an escrow account (to be known as the Testing 
        Escrow Account) for making payments to accredited laboratories 
        for the costs of the testing carried out in connection with the 
        certification, decertification, and recertification of voting 
        system hardware and software.
            ``(2) Schedule of fees.--In consultation with the 
        accredited laboratories, the Commission shall establish and 
        regularly update a schedule of fees for the testing carried out 
        in connection with the certification, decertification, and 
        recertification of voting system hardware and software, based 
        on the reasonable costs expected to be incurred by the 
        accredited laboratories in carrying out the testing for various 
        types of hardware and software.
            ``(3) Requests and payments by manufacturers.--A 
        manufacturer of voting system hardware and software may not 
        have the hardware or software tested by an accredited 
        laboratory under this section unless--
                    ``(A) the manufacturer submits a detailed request 
                for the testing to the Commission; and
                    ``(B) the manufacturer pays to the Commission, for 
                deposit into the Testing Escrow Account, the applicable 
                fee under the schedule established and in effect under 
                paragraph (2).
            ``(4) Selection of laboratory.--Upon receiving a request 
        for testing and the payment from a manufacturer required under 
        paragraph (3)(B), the Commission shall select at random, from 
        all laboratories which are accredited under this section to 
        carry out the specific testing requested by the manufacturer, 
        an accredited laboratory to carry out the testing. The 
        Commission may exclude from the selection process any 
        laboratory that the Commission determines does not have the 
        resources to complete the required testing in a timely manner.
            ``(5) Payments to laboratories.--Upon receiving a 
        certification from a laboratory selected to carry out testing 
        pursuant to paragraph (4) that the testing is completed, along 
        with a copy of the results of the test as required under 
        subsection (d)(1)(D), the Commission shall make a payment to 
        the laboratory from the Testing Escrow Account in an amount 
        equal to the applicable fee paid by manufacturer under 
        paragraph (3)(B).
    ``(d) Prohibition of Conflict of Interest.--
            ``(1) In general.--A laboratory may not be accredited by 
        the Commission for purposes of this section unless--
                    ``(A) the laboratory certifies that the only 
                compensation it receives for the testing carried out in 
                connection with the certification, decertification, and 
                recertification of the manufacturers voting system 
                hardware and software is the payment made from the 
                Testing Escrow Account established under subsection 
                (c)(1);
                    ``(B) the laboratory meets the standards applicable 
                to the manufacturers of voting systems under section 
                301(a)(12)(B)(vi), together with such standards as the 
                Commission shall establish (after notice and 
                opportunity for public comment) to prevent the 
                existence or appearance of any conflict of interest in 
                the testing carried out by the laboratory under this 
                section, including standards to ensure that the 
                laboratory does not have a financial interest in the 
                manufacture, sale, and distribution of voting system 
                hardware and software, and is sufficiently independent 
                from other persons with such an interest;
                    ``(C) the laboratory certifies that it will permit 
                an expert designated by the Commission to observe any 
                testing the laboratory carries out under this section; 
                and
                    ``(D) the laboratory, upon completion of any 
                testing carried out under this section, discloses the 
                test protocols, results, and all communication between 
                the laboratory and the manufacturer to the Commission.
            ``(2) Availability of results.--Upon receipt of information 
        under paragraph (1), the Commission shall make the information 
        available promptly to election officials and the public.
    ``(e) Testing Results; Publication.--
            ``(1) In general.--Upon completion of any testing carried 
        out under this section, a laboratory shall disclose the test 
        protocols and results to the Commission.
            ``(2) Publication.--Upon receipt of the information 
        required under subsection (1), the Commission shall make such 
        information available to election officials and the public. If 
        the Commission revokes, terminates, or suspends the 
        accreditation of a laboratory under this section, the 
        Commission shall promptly notify Congress, the chief State 
        election official of each State, and the public.
    ``(f) Reports.--
            ``(1) In general.--Each accredited laboratory shall provide 
        an annual report to the Commission and the National Institute 
        of Standards and Technology that sets out the following:
                    ``(A) The methods and protocols the laboratory used 
                to test, certify, decertify and recertify machines 
                under this section.
                    ``(B) A list of the directors and officers of the 
                firm, and the background and qualifications of those 
                individuals, including whether any individual has ever 
                been convicted of a crime involving election, 
                accounting, or computer security fraud.
                    ``(C) The results of the tests, certifications, 
                decertifications and re-certifications conducted under 
                this section in the preceding year.
            ``(2) Publication.--The Commission, in consultation with 
        the National Institute of Standards and Technology, shall 
        submit an annual report to the Congress on the laboratory 
        testing and certification process conducted under this section, 
        including a summary of the reports it receives under paragraph 
        (1) of this subsection.''.
    (b) Conforming Amendments.--Section 231 of such Act (42 U.S.C. 
15371) is further amended--
            (1) in subsection (a)(1), by striking ``testing, 
        certification,'' and all that follows and inserting the 
        following: ``testing of voting system hardware and software by 
        accredited laboratories in connection with the certification, 
        decertification, and recertification of the hardware and 
        software for purposes of this Act.'';
            (2) in subsection (a)(2), by striking ``testing, 
        certification,'' and all that follows and inserting the 
        following: ``testing of its voting system hardware and software 
        by the laboratories accredited by the Commission under this 
        section in connection with certifying, decertifying, and 
        recertifying the hardware and software.'';
            (3) in subsection (b)(1), by striking ``testing, 
        certification, decertification, and recertification'' and 
        inserting ``testing''; and
            (4) in subsection (i) (as redesignated above), by striking 
        ``testing, certification, decertification, and 
        recertification'' each place it appears and inserting 
        ``testing''.
    (c) Deadline for Establishment of Standards and Escrow Account.--
The Election Assistance Commission shall establish the standards 
described in section 231(d)(1)(B) of the Help America Vote Act of 2002 
and the Testing Escrow Account described in section 231(c)(1) of such 
Act by not later than January 1, 2008.

                     TITLE II--PROVISIONAL BALLOTS

SEC. 201. REQUIREMENTS FOR CASTING AND COUNTING PROVISIONAL BALLOTS.

    (a) Eligibility of Provisional Ballots.--Paragraph (4) of section 
302(a) of the Help America Vote Act of 2002 (42 U.S.C. 15482(a)(4)) is 
amended by adding at the end the following new sentence: ``A properly 
registered voter who casts a provisional ballot in the county (or 
equivalent jurisdiction) in which the individual is registered to vote 
shall have the ballot counted as a vote in all races in which the 
individual is eligible to vote. A provisional ballot cast by an 
eligible and registered voter shall be counted as a vote without regard 
to any requirement to present identification to an election 
official.''.
    (b) Provisional Ballot as Application for Voter Registration.--
Section 302(a) of such Act is amended by inserting after paragraph (5) 
the following new paragraph:
            ``(6) If the appropriate State or local election official 
        determines that the individual who cast the provisional ballot 
        is not registered to vote in the election, the provisional 
        ballot shall be treated as an application to register the 
        individual to vote in the next election for Federal office in 
        that State. If the State or local election official determines 
        that the individual is registered to vote in the election, the 
        official shall use the information in the provisional ballot to 
        update the voters registration records.''.
    (c) Timely Processing of Ballots.--
            (1) In general.--Section 302(a) of such Act (42 U.S.C. 
        15482(a)), as amended by subsection (c), is amended by 
        inserting after paragraph (5) the following new paragraph:
            ``(7) The appropriate State election official shall 
        develop, according to guidelines established by the Election 
        Assistance Commission, reasonable procedures to assure the 
        timely processing and counting of provisional ballots, 
        including--
                    ``(A) standards for timely processing and counting 
                to assure that, after the conclusion of the provisional 
                vote count, parties and candidates may have full, 
                timely, and effective recourse to the recount and 
                contest procedures provided by State law; and
                    ``(B) standards for the informed participation of 
                candidates and parties such as are consistent with 
                reasonable procedures to protect the security, 
                confidentiality, and integrity of personal information 
                collected in the course of the processing and counting 
                of provisional ballots.''.
            (2) Effective date.--Section 302(d) of such Act (42 U.S.C. 
        15482(d)) is amended--
                    (A) by striking ``Each State'' and inserting the 
                following:
            ``(1) In general.--Except as provided in paragraph (2), 
        each State; and''.
                    (B) by adding at the end the following new 
                paragraph:
            ``(2) Processing.--Each State shall be required to develop 
        and publish the guidelines required under subsection (a)(7) not 
        later than the expiration of the 6-month period which begins on 
        the date of the enactment of the Count Every Vote Act of 
        2007.''.
    (d) Publication of Standards for Counting Provisional Ballots.--
Section 302(a) of such Act (42 U.S.C. 15482(a)), as amended by 
subsections (b) and (c), is amended by inserting after paragraph (7) 
the following new paragraph:
            ``(8) Not later than 90 days prior to any election for 
        Federal office, each State shall publish uniform standards for 
        counting provisional ballots.''.

 TITLE III--ADDITIONAL REQUIREMENTS UNDER THE HELP AMERICA VOTE ACT OF 
                                  2002

                Subtitle A--Shortening Voter Wait Times

SEC. 301. EQUITABLE ALLOCATION OF VOTING SYSTEMS, POLL WORKERS, AND 
              ELECTION RESOURCES.

    (a) Minimum Requirements.--
            (1) In general.--Title III of the Help America Vote Act of 
        2002 (42 U.S.C. 15481 et seq.), as amended by section 102(a), 
        is amended by adding at the end the following new subtitle:

                 ``Subtitle D--Additional Requirements

``SEC. 331. MINIMUM REQUIRED VOTING SYSTEMS AND POLL WORKERS.

    ``(a) In General.--Each State shall provide for the minimum 
required number of voting systems, poll workers, and other election 
resources (including all other physical resources) for each voting site 
on the day of any Federal election and on any days during which such 
State allows early voting for a Federal election in accordance with the 
standards determined under section 299.
    ``(b) Voting Site.--For purposes of this section, the term `voting 
site' means a polling location, except that in the case of any polling 
location which serves more than 1 precinct, such term shall mean a 
precinct.''.
            (2) Conforming amendment.--Section 401 of such Act (42 
        U.S.C. 15511), as amended by section 102(b), is amended by 
        striking ``subtitle C'' and inserting ``subtitles C and D''.
            (3) Clerical amendment.--The table of contents of such Act 
        is amended by adding at the end of the items relating to title 
        III the following:

                 ``Subtitle D--Additional Requirements

``Sec. 331. Minimum required voting systems and poll workers.''.
    (b) Standards.--
            (1) In general.--Title II of such Act (42 U.S.C. 15321 et 
        seq.) is amended by adding at the end the following new 
        subtitle:

                  ``Subtitle E--Guidance and Standards

``SEC. 299. STANDARDS FOR THE EQUITABLE ALLOCATION OF VOTING SYSTEMS, 
              POLL WORKERS, AND ELECTION RESOURCES.

    ``(a) In General.--Not later than January 1, 2008, the Commission 
shall conduct a study and then issue standards that establish a minimum 
number of voting systems, poll workers, and other election resources 
(including all other physical resources) for each voting site on the 
day of any Federal election and on any days during which early voting 
is allowed for a Federal election.
    ``(b) Distribution.--
            ``(1) In general.--The standards described in subsection 
        (a) shall provide for a uniform and nondiscriminatory 
        distribution of such systems, workers, and other resources, 
        and, to the extent possible, shall take into account, among 
        other factors, the following:
                    ``(A) The voting age population.
                    ``(B) Voter turnout in past elections.
                    ``(C) The number of voters registered.
                    ``(D) The number of voters who have registered 
                since the most recent Federal election.
                    ``(E) Census data for the population served by such 
                voting site.
                    ``(F) The educational levels and socio-economic 
                factors of the population served by such voting site.
                    ``(G) The needs and numbers of voters with 
                disabilities and voters with limited English 
                proficiency.
                    ``(H) The type of voting systems used.
            ``(2) No factor dispositive.--The standards shall provide 
        that the distribution of such systems should take into account 
        the totality of all relevant factors, and no single factor 
        shall be dispositive under the standards.
            ``(3) Purpose.--To the extent possible, the standards shall 
        provide for a distribution of voting systems, poll workers, and 
        other election resources with the goals of--
                    ``(A) ensuring a fair and equitable waiting time 
                for all voters in the State; and
                    ``(B) preventing a waiting time of over 1 hour at 
                any voting site.
    ``(c) Voting Site.--For purposes of this section, the term `voting 
site' means a polling location, except that in the case of any polling 
location which serves more than 1 precinct, such term shall mean a 
precinct.
    ``(d) Deviation.--The standards described in subsection (a) shall 
permit States, upon giving reasonable public notice, to deviate from 
any allocation requirements in the case of unforeseen circumstances 
such as a natural disaster or terrorist attack.''.
            (2) Conforming amendment.--Section 202 of such Act (42 
        U.S.C. 15322) is amended--
                    (A) by redesignating paragraphs (5) and (6) as 
                paragraphs (6) and (7); and
                    (B) by inserting after paragraph (4) the following 
                new paragraph:
            ``(5) carrying out the duties described under subtitle 
        E;''.
            (3) Clerical amendment.--The table of contents of such Act 
        is amended by adding at the end of the items relating to title 
        II the following:

                  ``Subtitle E--Guidance and Standards

``Sec. 299. Standards for the equitable allocation of voting systems, 
                            poll workers, and election resources.''.

SEC. 302. STATE PLANS TO PREVENT UNREASONABLE WAIT TIMES; REMEDIAL 
              PLANS; EMERGENCY BALLOTS.

    (a) State Plans Required.--Title III of the Help America Vote Act 
of 2002 (42 U.S.C. 15481 et seq.) is amended--
            (1) by redesignating sections 304 and 305 as sections 305 
        and 306; and
            (2) by inserting after section 303 the following new 
        section:

``SEC. 304. ALLOCATION OF ELECTION RESOURCES.

    ``(a) State Plans To Prevent Unreasonable Voter Waiting Times.--
            ``(1) In general.--Not later than 60 days before each 
        election for Federal office, each State shall submit a written 
        plan to the Commission describing the measures it is 
        implementing to ensure, to the greatest extent possible, an 
        equitable waiting time for all voters in the State, and a 
        waiting time of less than 1 hour at any polling place in the 
        election.
            ``(2) Publication.--Not later than 30 days after receiving 
        a State plan under paragraph (1), the Commission shall make the 
        plan available to the public.
    ``(b) Remedial Plans for States With Excessive Voter Wait Times.--
            ``(1) Compliance with state remedial plans.--
                    ``(A) Remedial plans.--Each jurisdiction for which 
                the Commission determines that a substantial number of 
                voters waited more than 90 minutes to cast a vote in an 
                election for Federal office, or in which there were 
                substantial violations of the standards established 
                under section 299 with respect to an election for 
                Federal office, shall comply with a State remedial plan 
                established by the Commission to provide for the 
                effective allocation of resources to administer 
                elections held in the State and to reduce the waiting 
                time of voters.
                    ``(B) Coordination with attorney general and 
                states.--Each remedial plan established by the 
                Commission shall provide for coordination between the 
                Commission, the Attorney General, and the State 
                involved to monitor the compliance of the State with 
                the remedial plan during the period leading up to the 
                election and on the date of the election and to respond 
                to serious delays in the ability of voters to cast 
                their ballots at polling places.
            ``(2) Jurisdiction defined.--For purposes of this 
        subsection, the term `jurisdiction' has the meaning given the 
        term `registrar's jurisdiction' in section 8(j) of the National 
        Voter Registration Act of 1993 (42 U.S.C. 1973gg-6(j)).
    ``(c) Emergency Ballots.--
            ``(1) In general.--In the event of a failure of voting 
        equipment or other circumstance at a polling place that causes 
        an unreasonable delay, any individual who is waiting at the 
        polling place to cast a ballot in an election for Federal 
        office at the time of the failure shall be advised immediately 
        of the individuals right to use an emergency paper ballot, and 
        upon request shall be provided with an emergency paper ballot 
        for the election and the supplies necessary to mark the ballot.
            ``(2) Disposition of ballot.--Any emergency paper ballot 
        which is cast by an individual under this subsection shall be 
        counted in the same manner as a regular ballot, unless the 
        individual casting the ballot would have otherwise been 
        required to cast a provisional ballot in the absence of the 
        delay, in which case that ballot shall be treated in the same 
        manner as a provisional ballot.''.
    (b) Clerical Amendment.--The table of contents of such Act, as 
amended by this Act, is amended--
            (1) by redesignating the items relating to sections 304 and 
        305 as relating to sections 305 and 306; and
            (2) by inserting after the item relating to section 303 the 
        following new item:

``Sec. 304. Allocation of election resources.''.
    (c) Effective Date.--The amendments made by this section shall take 
effect on the date of the enactment of this Act.

                 Subtitle B--No-Excuse Absentee Voting

SEC. 311. NO-EXCUSE ABSENTEE VOTING.

    (a) In General.--Subtitle D of title III of the Help America Vote 
Act of 2002, as added by this Act, is amended by adding at the end the 
following new section:

``SEC. 332. NO-EXCUSE ABSENTEE VOTING.

    ``(a) In General.--Each State and jurisdiction shall permit any 
person who is otherwise qualified to vote in an election for Federal 
office to vote in such election in a manner other than in person, and 
shall not impose any additional conditions or restrictions on absentee 
voting other than a reasonable deadline for requesting and returning 
the ballot.
    ``(b) Submission and Processing.--
            ``(1) In general.--Any ballot cast under subsection (a) 
        shall be submitted and processed in the manner provided for 
        absentee ballots under State law.
            ``(2) Deadline.--Any ballot cast under subsection (a) shall 
        be counted if postmarked before the close of the polls on 
        Election Day and received by the appropriate State election 
        official on or before the date which is 10 days after the date 
        of the election or the date provided for the receipt of 
        absentee ballots under State law, whichever is later.
    ``(c) No Effect on Absent Uniformed and Overseas Voters.--Nothing 
in this section may be construed to permit a State or jurisdiction to 
revise any deadline applicable with respect to any absentee ballot 
requested or submitted by an individual under the Uniformed and 
Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-1 et seq.).''.
    (b) Clerical Amendment.--The table of contents of such Act, as 
amended by this Act, is amended by adding at the end of the items 
relating to subtitle D of title III the following:

``Sec. 332. No-excuse absentee voting.''.

       Subtitle C--Collection and Dissemination of Election Data

SEC. 321. DATA COLLECTION.

    (a) In General.--Subtitle D of title III of the Help America Vote 
Act of 2002, as added and amended by this Act, is amended by adding at 
the end the following new section:

``SEC. 333. PUBLIC REPORTS ON FEDERAL ELECTIONS.

    ``(a) In General.--Not later than 6 months after a Federal 
election, each State and jurisdiction shall publicly report information 
with respect to such election, including the following:
            ``(1) The total number of individuals of voting age in the 
        population.
            ``(2) The total number of individuals registered to vote, 
        and a breakdown of the number based on demographic criteria 
        including age, gender, race and ethnicity.
            ``(3) The total number of registered voters who voted, and 
        a breakdown of the number based on demographic criteria 
        including age, gender, race and ethnicity.
            ``(4) The number of absentee and overseas ballots 
        requested, including the numbers of such ballots requested by 
        military personnel and citizens living overseas.
            ``(5) The number of absentee and overseas ballots cast, 
        including the numbers of such ballots cast by military 
        personnel and citizens living overseas.
            ``(6) The total number of absentee and overseas ballots 
        counted, including the number of such ballots which were cast 
        by military personnel and citizens living overseas that were 
        counted.
            ``(7) The total number of absentee and overseas ballots 
        rejected, including the numbers of such ballots which were cast 
        by military personnel and citizens living overseas that were 
        rejected, and the reasons for any such rejections.
            ``(8) The number of votes cast in early voting at the polls 
        before the day of the election.
            ``(9) The number of provisional ballots cast.
            ``(10) The number of provisional ballots counted.
            ``(11) The number of provisional ballots rejected and the 
        reasons the ballots were rejected.
            ``(12) The number of voting sites (within the meaning of 
        section 321(b)) in the State or jurisdiction, including how 
        many voting sites were moved since the last election and the 
        reason for the move.
            ``(13) The number of voting machines in each such voting 
        site on the day of the election and the type and manufacturer 
        of each machine.
            ``(14) The total number of voting machines available in the 
        State or jurisdiction for distribution to each such voting 
        site.
            ``(15) The total number of voting machines actually 
        distributed to such voting sites (including voting machines 
        distributed as replacement voting machines on the day of the 
        election), and where they were distributed.
            ``(16) The total number of voting machines of any type, 
        whether electronic or manual, that malfunctioned on the day of 
        the election and the reason for any malfunction.
            ``(17) The total number of voting machines that were 
        replaced on the day of the election.
            ``(18) The amount of money the State or jurisdiction 
        expended on the election, including the amount expended on 
        voting machines, ballots, training materials, and other 
        election resources.
    ``(b) Report by Commission.--The Commission shall collect the 
information published under subsection (a) with respect to an election 
and shall report to Congress not later than 9 months after the date of 
the election the following:
            ``(1) The funding and expenditures of each State under the 
        provisions of this Act.
            ``(2) The voter turnout in the election.
            ``(3) The number of registered voters and the number of 
        individuals eligible to register who are not registered.
            ``(4) The number of voters who have registered to vote in a 
        Federal election since the most recent such election.
            ``(5) The extent to which voter registration information 
        has been shared among government agencies (including any 
        progress on implementing statewide voter registration databases 
        under section 303(a)).
            ``(6) The number, types and manufacturers of new voting 
        systems purchased by States and jurisdictions.
            ``(7) The amount of time individuals waited to vote.
            ``(8) The number of early votes, provisional votes, 
        absentee ballots, and overseas ballots distributed, cast, and 
        counted.
            ``(9) The amount of training that poll workers received.
            ``(10) The number of poll workers.
            ``(11) The number of polling locations and precincts.
            ``(12) The ratio of the number of voting machines to the 
        number of registered voters.
            ``(13) Such other information pertaining to electoral 
        participation as the Commission deems appropriate.''.
    (b) Clerical Amendment.--The table of contents of such Act, as 
amended by this Act, is amended by adding at the end of the items 
relating to subtitle D of title III the following:

``Sec. 333. Public reports on Federal elections.''.

                Subtitle D--Ensuring Well-Run Elections

SEC. 331. TRAINING OF POLL WORKERS.

    (a) Training.--
            (1) In general.--Subtitle D of title III of the Help 
        America Vote Act of 2002, as added and amended by this Act, is 
        amended by adding at the end the following new section:

``SEC. 334. TRAINING OF POLL WORKERS.

    ``(a) In General.--Each State and jurisdiction shall require that 
each person who works in a polling place during an election for Federal 
office receives adequate training not earlier than 3 months before the 
election.
    ``(b) Training.--The training required under subsection (a) shall, 
at a minimum, include--
            ``(1) hands-on training on all voting systems used in the 
        election;
            ``(2) training on accommodating individuals with 
        disabilities, individuals who are of limited English 
        proficiency, and individuals who are illiterate;
            ``(3) training on requirements for the identification of 
        voters;
            ``(4) training on the appropriate use of provisional 
        ballots and the process for casting such ballots;
            ``(5) training on registering voters on the day of the 
        election;
            ``(6) training on which individuals have the authority to 
        challenge voter eligibility and the process for any such 
        challenges;
            ``(7) training on security procedures; and
            ``(8) the development and distribution to poll workers of 
        statewide and uniform training manuals.''.
            (2) Clerical amendment.--The table of contents of such Act, 
        as amended by this Act, is amended by adding at the end of the 
        items relating to subtitle D of title III the following:

``Sec. 334. Training of poll workers.''.
    (b) Grant Program.--
            (1) In general.--Subtitle D of title II of the Help America 
        Vote Act of 2002 (42 U.S.C. 15401 et seq.), as amended by this 
        Act, is amended by adding at the end the following new part:

              ``PART 9--POLL WORKER TRAINING GRANT PROGRAM

``SEC. 297B. POLL WORKER TRAINING GRANT PROGRAM.

    ``(a) In General.--The Commission shall make grants to States and 
other jurisdictions to train individuals to serve as poll workers in 
elections for Federal office.
    ``(b) Use of Funds.--
            ``(1) In general.--A recipient of a grant under this 
        section shall use the funds provided by the grant to develop 
        training materials and procedures for poll workers and provide 
        poll workers with the necessary training to effectively and 
        fairly administer elections for Federal office.
            ``(2) Contents of training.--The training provided to poll 
        workers with the payment made under this section shall 
        include--
                    ``(A) hands-on training on the functioning of the 
                voting systems used in the election;
                    ``(B) training on how to prevent, detect and 
                address problems with voting systems used in the 
                election;
                    ``(C) training on accommodating individuals with 
                disabilities or other specific needs;
                    ``(D) training on requirements for the 
                identification of voters;
                    ``(E) training on the appropriate use of 
                provisional ballots and the process for casting such 
                ballots; and
                    ``(F) training through the development and 
                distribution of educational materials.
    ``(c) Eligibility.--
            ``(1) In general.--A State or jurisdiction is eligible to 
        receive a grant under this section with respect to a fiscal 
        year if it submits to the Commission a notice not later than 3 
        months before the first day of the fiscal year (in such form as 
        the Commission may require) that contains--
                    ``(A) certifications that the State or jurisdiction 
                will use the grant (either directly or as 
                reimbursement) for the uses described in subsection 
                (b); and
                    ``(B) such other information and certifications as 
                the Administrator may require which are necessary for 
                the administration of the program.
            ``(2) Compliance of states that require changes to state 
        law.--In the case of a State or jurisdiction located in a State 
        that requires the enactment of State legislation to carry out 
        an activity covered by any certification submitted under this 
        subsection, the State or jurisdiction shall be permitted to 
        make the certification notwithstanding that the legislation has 
        not been enacted at the time the certification is submitted, 
        and such State or jurisdiction shall submit an additional 
        certification once such legislation is enacted.
    ``(d) Reports.--
            ``(1) In general.--Each recipient of a grant under this 
        section shall submit to the Commissioner a report describing 
        the activities carried out with the funds provided under the 
        grant.
            ``(2) Deadline.--The recipient of a grant shall submit the 
        report required under paragraph (1) not later than 60 days 
        after the end of the fiscal year for which the entity received 
        the grant which is the subject of the report.
    ``(e) Authorization of Appropriations.--There are authorized to be 
appropriated for grants under this part $20,000,000 for each of the 
fiscal years 2008, 2009, 2010, and 2011.''.
            (2) Clerical amendment.--The table of contents of such Act, 
        as amended by this Act, is amended by adding at the end of the 
        items relating to subtitle D of title II the following:

              ``Part 9--Poll Worker Training Grant Program

``Sec. 297B. Poll worker training grant program.''.

SEC. 332. IMPARTIAL ADMINISTRATION OF ELECTIONS.

    (a) In General.--Subtitle D of title III of the Help America Vote 
Act of 2002, as added and amended by this Act, is amended by adding at 
the end the following new section:

``SEC. 335. ELECTION ADMINISTRATION REQUIREMENTS.

    ``(a) Publication of State Election Laws.--
            ``(1) In general.--Each State shall be required to publish 
        all State laws, regulations, procedures, and practices relating 
        to Federal elections on January 1 of each year in which there 
        is a regularly scheduled election for a Federal office 
        (beginning with 2008).
            ``(2) Maintenance of laws on the internet.--Each State 
        shall be required to maintain an updated version of all 
        material published under paragraph (1) on an easily accessible 
        public web site on the Internet.
    ``(b) Notice of Changes in State Election Laws.--Not later than 45 
days prior to any Federal election, each State shall issue a public 
notice describing all changes in State law affecting voting in Federal 
elections and the administration of Federal elections since the most 
recent prior such election.
    ``(c) Prohibition on Last-Minute Changes to Election Laws.--No 
State or local government shall make any change to election laws or 
regulations affecting the administration of Federal elections within 45 
days of a Federal election, unless--
            ``(1) ordered to do so by a court of competent 
        jurisdiction, or
            ``(2) upon giving reasonable public notice, in the case of 
        an unforeseen circumstance such as a natural disaster or a 
        terrorist attack.
    ``(d) Observers.--
            ``(1) Standards.--Each State shall issue uniform and 
        nondiscriminatory standards for granting access to nonpartisan 
        election observers to polling places. Such standards shall 
        account for the need to avoid disruption and crowding in 
        polling places, and shall be developed in consultation with 
        civil rights, voting rights, and voting protection 
        organizations, State and local election officials, and other 
        interested members of the community.
            ``(2) Access to polling places.--In accordance with the 
        standards issued under paragraph (1), each State shall allow 
        reasonable and nondiscriminatory access to any polling place to 
        nonpartisan domestic observers (including voting rights and 
        civil rights organizations) and international observers for 
        purposes of observing a federal election.
            ``(3) Expulsion from polling places.--To facilitate a fair, 
        efficient, and transparent election process, decisions to expel 
        a poll watcher from a polling place shall be made in a non-
        discriminatory manner.
            ``(4) Notice of denial of observation request.--Each State 
        shall issue a public notice with respect to any denial of a 
        request by any observer described in paragraph (2) for access 
        to any polling place for purposes of observing a Federal 
        election. Such notice shall be issued not later than 7 days 
        after such denial.
            ``(5) Right of appeal.--Each State shall provide an 
        expedited opportunity to appeal to an election official a 
        denial of access to, or an expulsion from, a polling place.''.
    (b) Clerical Amendment.--The table of contents of such Act, as 
amended by this Act, is amended by adding at the end of the items 
relating to subtitle D of title III the following:

``Sec. 335. Election administration requirements.''.

SEC. 333. STUDY ON ENCOURAGING GOVERNMENT EMPLOYEES AND SECONDARY 
              SCHOOL STUDENTS TO SERVE AS POLL WORKERS.

    (a) In General.--Subtitle C of title II of such Act (42 U.S.C. 
15381 et seq.), as amended by this Act, is amended by inserting after 
section 249A the following new section:

``SEC. 249B. STUDY ON ENCOURAGING GOVERNMENT EMPLOYEES AND SECONDARY 
              SCHOOL STUDENTS TO SERVE AS POLL WORKERS.

    ``(a) Study.--The Commission shall conduct a study on appropriate 
methods to encourage State and local government employees and secondary 
school students to serve as poll workers in Federal elections.
    ``(b) Report.--Not later than 6 months after the date of the 
enactment of the Count Every Vote Act of 2007, the Commission shall 
transmit to Congress a report on the results of the study conducted 
under subsection (a).
    ``(c) Authorization of Appropriations.--Of the amount authorized to 
be appropriated under section 210 for fiscal year 2008, $100,000 shall 
be used solely to carry out the purposes of this section.''.
    (b) Clerical Amendment.--The table of contents of such Act, as 
amended by this Act, is amended by inserting after the item relating to 
section 249A the following:

``Sec. 249B. Study on encouraging government employees and secondary 
                            school students to serve as poll 
                            workers.''.

                Subtitle E--Standards for Purging Voters

SEC. 341. STANDARDS FOR PURGING VOTERS.

    (a) Standards.--Subtitle D of title III of the Help America Vote 
Act of 2002, as added and amended by this Act, is amended by adding at 
the end the following new section:

``SEC. 336. REMOVAL FROM VOTER REGISTRATION LIST.

    ``(a) State Rules.--Each State shall adopt uniform and 
nondiscriminatory criteria, processes, and procedures for the removal 
of voters from a voter registration list and the restoration of voters 
to the list if improperly removed.
    ``(b) Public Notice.--Not later than 45 days before any Federal 
election, each State shall provide public notice of--
            ``(1) all names which have been removed from the voter 
        registration list of such State under section 303 since the 
        later of the most recent election for Federal office or the day 
        of the most recent previous public notice provided under this 
        section; and
            ``(2) the criteria, processes, and procedures used to 
        determine which names were removed.
    ``(c) Notice to Individual Voters.--
            ``(1) In general.--No individual shall be removed from the 
        voter registration list under section 303 unless such 
        individual is first provided with a notice and opportunity to 
        cure that meet the requirements of paragraphs (2) and (3).
            ``(2) Requirements of notice.--The notice required under 
        paragraph (1) shall be--
                    ``(A) provided to each voter in a uniform and 
                nondiscriminatory manner;
                    ``(B) consistent with the requirements of the 
                National Voter Registration Act of 1993 (42 U.S.C. 
                1973gg et seq.);
                    ``(C) transmitted to the last known address of the 
                voter by certified mail, and include a postage pre-paid 
                response card;
                    ``(D) in a form that provides the voter with clear 
                notice of the reason for removal, the opportunity to 
                cure, and the option to cast a provisional ballot; and
                    ``(E) mailed to each voter not later than 30 days 
                before the State or local election official removes the 
                voter's name from the registration list.
            ``(3) Opportunity to cure.--The opportunity to cure 
        required under paragraph (1) shall--
                    ``(A) give the voter a reasonable opportunity to 
                file a written request that the appropriate State 
                election official retain the voter on the registration 
                rolls (including through the postage pre-paid response 
                card required under paragraph (2));
                    ``(B) allow the voter to submit to the appropriate 
                State election official any information or evidence the 
                voter believes demonstrates that the State is in error 
                and the voter should remain on the registration rolls; 
                and
                    ``(C) not later than 14 days after the appropriate 
                State election official receives a request to retain 
                the voter on the registration list, require the 
                official to send the voter a written response that 
                approves or rejects the request and, if the request was 
                rejected, includes an explanation for the rejection.
            ``(4) Provisional ballot.--A voter who receives notice that 
        he or she will be removed from the registration list, and who 
        has not received a response approving a request to cure under 
        paragraph (3), shall be permitted to cast a provisional ballot 
        consistent with section 302 of this Act, and if it is 
        determined that the voter should remain on the rolls, such 
        provisional ballot shall be counted as a vote in that election 
        in accordance with State law and the requirements of this Act.
    ``(d) Preservation of Records.--Each State shall retain the 
registration records of individuals removed from the voter registration 
rolls for a period of at least 5 years after the date of removal.
    ``(e) Privacy.--Notwithstanding subsection (b), no State or 
jurisdiction may disclose that a voter was removed from the voter 
registration list for reason of a felony conviction or an adjudication 
of incompetency, other than to the voter, unless ordered to do so by a 
court of competent jurisdiction or otherwise required to do so under 
State or Federal law.
    ``(f) Exception for Certain States.--The requirements of this 
section shall not apply to a State in which, under a State law in 
effect continuously on and after the date of the enactment of the Count 
Every Vote Act of 2007, there is no voter registration requirement for 
individuals in the State with respect to elections for Federal 
office.''.
    (b) Clerical Amendment.--The table of contents of such Act, as 
amended by this Act, is amended by adding at the end of the items 
relating to subtitle D of title III the following:

``Sec. 336. Removal from voter registration list.''.

         Subtitle F--Election Day Registration and Early Voting

SEC. 351. ELECTION DAY REGISTRATION.

    (a) Requirement.--
            (1) In general.--Subtitle D of title III of the Help 
        America Vote Act of 2002, as added and amended by this Act, is 
        amended by adding at the end the following new section:

``SEC. 337. ELECTION DAY REGISTRATION.

    ``(a) Registration.--Notwithstanding section 8(a)(1)(D) of the 
National Voter Registration Act of 1993 (42 U.S.C. 1973gg-6), each 
State shall permit any individual on the day of a Federal election--
            ``(1) to register to vote in such election at the polling 
        place; and
            ``(2) to cast a vote in such election and have that vote 
        counted in the same manner as a vote cast by an eligible voter 
        who properly registered during the regular registration period.
    ``(b) Exception.--The requirements under paragraph (1) shall not 
apply to a State in which, under a State law in effect continuously on 
and after the date of the enactment of the Count Every Vote Act of 
2007, there is no voter registration requirement for individuals in the 
State with respect to elections for Federal office.''.
            (2) Clerical amendment.--The table of contents of such Act, 
        as amended by this Act, is amended by adding at the end of the 
        items relating to subtitle D of title III the following:

``Sec. 337. Election Day registration.''.
    (b) Election Day Registration Form.--
            (1) In general.--Subtitle E of title II of the Help America 
        Vote Act of 2002, as added by this Act, is amended by adding at 
        the end the following new section:

``SEC. 299A. ELECTION DAY REGISTRATION FORMS.

    ``The Commission shall develop an election day registration form 
for elections for Federal office.''.
            (2) Clerical amendment.--The table of contents of such Act, 
        as amended by this Act, is amended by adding at the end of the 
        items relating to subtitle E of title II the following:

``Sec. 299A. Election Day registration forms.''.
    (c) Election Day Registration Grant Program.--
            (1) In general.--Subtitle D of title II of such Act (42 
        U.S.C. 15401 et seq.), as amended by this Act, is amended by 
        adding at the end the following new part:

           ``PART 10--ELECTION DAY REGISTRATION GRANT PROGRAM

``SEC. 297C. ELECTION DAY REGISTRATION GRANT PROGRAM.

    ``(a) In General.--The Commission shall make grants to States and 
other jurisdictions to carry out activities to provide access, and 
allow real-time updates, to computerized registration lists at polling 
places in order to facilitate the implementation of same-day election 
registration and resolve problems with voter lists at the polling 
place, including--
            ``(1) providing secure access at polling places to the 
        computerized statewide voter database required under section 
        303(a);
            ``(2) creating and implementing secure mechanisms to update 
        those lists at the polling place in order to facilitate same-
        day registration;
            ``(3) testing and monitoring the use and implementation of 
        the database at polling places and provide a paper copy of the 
        database at the polling place; and
            ``(4) training poll workers in how to use and update the 
        database at a polling place.
    ``(b) Eligibility.--
            ``(1) In general.--A State or jurisdiction is eligible to 
        receive a payment under the program under this section with 
        respect to a fiscal year if it submits to the Commission a 
        notice not later than 3 months before the first day of the 
        fiscal year (in such form as the Commission may require) that 
        contains--
                    ``(A) certifications that the State or jurisdiction 
                will use the payment (either directly or as 
                reimbursement) to carry out the activities described in 
                subsection (a); and
                    ``(B) such other information and certifications as 
                the Commission may require which are necessary for the 
                administration of the program.
            ``(2) Compliance of states that require changes to state 
        law.--In the case of a State or a jurisdiction located in a 
        State that requires the enactment of State legislation to carry 
        out an activity covered by any certification submitted under 
        this subsection, the State or jurisdiction shall be permitted 
        to make the certification notwithstanding that the legislation 
        has not been enacted at the time the certification is 
        submitted, and such State or jurisdiction shall submit an 
        additional certification once such legislation is enacted.
    ``(c) Reports.--
            ``(1) In general.--Each entity which receives a grant under 
        this part shall submit to the Commission a report describing 
        the activities carried out with the funds provided under the 
        grant.
            ``(2) Deadline.--Each entity shall submit a report required 
        under paragraph (1) not later than 60 days after the end of the 
        fiscal year for which the entity received the grant which is 
        the subject of the report.
    ``(d) Authorization of Appropriations.--There are authorized be 
appropriated for grants under this part $30,000,000 for each of the 
fiscal years 2008, 2009, 2010, and 2011.''.
            (2) Clerical amendment.--The table of contents of such Act, 
        as amended by this Act, is amended by adding at the end of the 
        items relating to subtitle D of title II the following:

           ``Part 10--Election Day Registration Grant Program

``Sec. 297C. Election Day registration grant program.''.

SEC. 352. EARLY VOTING.

    (a) Requirements.--
            (1) In general.--Subtitle D of title III of the Help 
        America Vote Act of 2002, as added and amended by this Act, is 
        amended by adding at the end the following new section:

``SEC. 338. EARLY VOTING.

    ``(a) In General.--During the 15-day period (or, at the option of 
the State, a longer period) which ends on the date of an election for 
Federal office, each State shall allow individuals to vote in the 
election in the same manner as voting is allowed on the date of such 
election.
    ``(b) Minimum Early Voting Requirements.--Each polling place which 
allows voting prior to the day of a Federal election pursuant to 
subsection (a) shall--
            ``(1) allow such voting for no less than 4 hours on each 
        day (other than Sunday); and
            ``(2) have minimum uniform hours each day for which such 
        voting occurs.
    ``(c) Application of Election Day Registration to Early Voting.--A 
State shall permit individuals to register to vote at each polling 
place which allows voting prior to the day of a Federal election 
pursuant to subsection (a) in the same manner as the State is required 
to permit individuals to register to vote and vote on the day of the 
election under section 337.''.
            (2) Clerical amendment.--The table of contents of such Act, 
        as amended by this Act, is amended by adding at the end of the 
        items relating to subtitle D of title III the following:

``Sec. 338. Early voting.''.
    (b) Standards for Early Voting.--
            (1) In general.--Subtitle E of title II of such Act, as 
        added and amended by this Act, is amended by adding at the end 
        the following new section:

``SEC. 299B. STANDARDS FOR EARLY VOTING.

    ``(a) Standards.--
            ``(1) In general.--The Commission shall issue standards for 
        the administration of voting prior to the day scheduled for a 
        Federal election.
            ``(2) Standards for polling places.--Such standards shall 
        include the nondiscriminatory geographic placement of polling 
        places at which such voting occurs and the public listing of 
        the date, time, and location of polling places no earlier than 
        10 days before the date on which such voting begins.
            ``(3) Consultation.--Such standards shall be developed in 
        consultation with civil rights, voting rights, and voting 
        protection organizations, State and local election officials, 
        and other interested members of the community.
    ``(b) Deviation.--The standards described in subsection (a) shall 
permit States, upon giving reasonable public notice, to deviate from 
any requirement in the case of unforeseen circumstances such as a 
natural disaster or a terrorist attack.''.
            (2) Clerical amendment.--The table of contents of such Act, 
        as amended by this Act, is amended by adding at the end of the 
        items relating to subtitle E of title II the following:

``Sec. 299B. Standards for early voting.''.

                   Subtitle G--Newly Eligible Voters

SEC. 361. ENCOURAGING THE REGISTRATION OF NEWLY ELIGIBLE VOTERS.

    (a) Requirement.--
            (1) In general.--Subtitle D of title III of the Help 
        America Vote Act of 2002, as added and amended by this Act, is 
        amended by adding at the end the following new section:

``SEC. 339. ENCOURAGING THE REGISTRATION OF NEWLY ELIGIBLE VOTERS.

    ``(a) Newly Eligible Voters.--
            ``(1) In general.--Each State shall mail a voter 
        registration application to each individual who is a citizen of 
        the United States residing in that State on the date the 
        individual reaches 18 years of age, if the State has issued a 
        driver's license or has another accessible record of the 
        individual's address and date of birth.
            ``(2) Exception for certain states.--The requirement under 
        paragraph (1) shall not apply to a State in which, under a 
        State law in effect continuously on and after the date of the 
        enactment of the Count Every Vote Act of 2007, there is no 
        voter registration requirement for individuals in the State 
        with respect to elections for Federal office.
    ``(b) Public Education.--Each State, in consultation with the 
Secretary of Education and the Commission, shall develop and implement 
procedures to provide opportunities for persons to apply to register to 
vote at public educational institutions, including but not limited to--
            ``(1) high school graduation ceremonies;
            ``(2) orientation at public colleges and universities; and
            ``(3) colleges, universities, and trade schools 
        participating in Federal student loan programs.
    ``(c) Naturalization Proceedings.--The Secretary of Homeland 
Security, in consultation with the Commission, shall develop and 
implement procedures to provide opportunities for persons to apply to 
register to vote at, or otherwise in connection with, naturalization 
proceedings.
    ``(d) Changes of Address Forms.--The United States Postal Service 
shall include the National mail voter registration application form 
developed pursuant to section 9 of the National Voter Registration Act 
of 1993 along with the materials made available to citizens who change 
their address. The Postal Service shall also make such form available 
on its change of address web site.
    ``(e) Limitation on Use of Information.--No information relating to 
the failure of an individual to sign a voter registration application 
may be used for any purpose other than voter registration.''.
            (2) Clerical amendment.--The table of contents of such Act, 
        as amended by this Act, is amended by adding at the end of the 
        items relating to subtitle D of title III the following:

``Sec. 339. Encouraging the registration of newly eligible voters.''.

SEC. 362. CIVIC EDUCATION PILOT PROGRAM.

    (a) Program.--Subtitle D of title II of the Help America Vote Act 
of 2002 (42 U.S.C. 15401 et seq.), as amended by this Act, is amended 
by adding at the end the following new part:

                ``PART 11--CIVIC EDUCATION PILOT PROGRAM

``SEC. 297D. CIVIC EDUCATION PILOT PROGRAM.

    ``(a) In General.--The Commission shall make grants to carry out 
pilot programs under which States will teach high school students the 
mechanics and importance of participation in the democratic process.
    ``(b) Materials.--The Commission shall develop educational 
materials to assist States in meeting the purposes of this pilot 
program.
    ``(c) Curriculum.--A State receiving funds under a pilot program 
under this section shall use the funds to encourage leadership, 
community development, and participation in the political process, 
including through--
            ``(1) the provision of cross-disciplinary instruction in 
        government, history, law and democracy, including the 
        importance of voting and registering to vote;
            ``(2) the incorporation of a discussion of current issues 
        and events into the classroom;
            ``(3) the development and implementation of programs that 
        provide students with the opportunity to apply what they learn 
        through performing community service that is linked to 
        classroom discussion;
            ``(4) the development and implementation of programs that 
        allow students to meet and discuss current events and 
        legislation with community and political leaders; or
            ``(5) the development of simulations of democratic 
        processes and procedures and the encouragement of student 
        participation in those simulations.
    ``(d) Requirements for Grant Recipients.--In making grants under 
this section, the Commission shall ensure that the funds provided are 
spent for projects and activities which are carried out without 
partisan bias and without promoting any particular point of view 
regarding any issue, and that each recipient is governed in a balanced 
manner without any partisan bias. A grant recipient who is determined 
to have violated this subsection shall be disqualified from receiving 
any additional grants under this part.
    ``(e) Reports.--
            ``(1) In general.--Each State which receives a grant under 
        this part shall submit to the Commission a report describing 
        the activities carried out with the funds provided under the 
        grant.
            ``(2) Deadline.--An State shall submit a report required 
        under paragraph (1) not later than 60 days after the end of the 
        fiscal year for which the entity received the grant which is 
        the subject of the report.
    ``(f) Authorization of Appropriations.--There are authorized to be 
appropriated for grants under this part $5,000,000 for each of the 
fiscal years 2008, 2009, 2010, and 2011.''.
    (b) Clerical Amendment.--The table of contents of such Act, as 
amended by this Act, is amended by adding at the end of the items 
relating to subtitle D of title II the following:

                ``Part 11--Civic Education Pilot Program

``Sec. 297D. Civic education pilot program.''.

            TITLE IV--VOTER REGISTRATION AND IDENTIFICATION

SEC. 401. VOTER REGISTRATION.

    (a) Contents of Registration Applications.--
            (1) Mail-in application.--Paragraph (4) of section 303(b) 
        of the Help America Vote Act of 2002 (42 U.S.C. 15483(b)(4)) is 
        amended by adding at the end the following new subparagraph:
                    ``(C) Exception.--On and after the date of the 
                enactment of the Count Every Vote Act of 2007--
                            ``(i) in lieu of the questions and 
                        statements required under subparagraph (A), 
                        such mail voter registration form shall include 
                        on the form an affidavit to be signed by the 
                        registrant attesting both to citizenship and 
                        age; and
                            ``(ii) subparagraph (B) shall not apply.''.
            (2) Application identifying numbers.--
                    (A) Registration application.--Subparagraph (A) of 
                section 303(a)(5) of such Act (42 U.S.C. 15483(a)(5)) 
                is amended--
                            (i) by redesignating clause (iii) as clause 
                        (iv); and
                            (ii) by inserting after clause (ii) the 
                        following new clause:
                            ``(iii) Identifying numbers in registration 
                        applications.--An application for voter 
                        registration shall--
                                    ``(I) provide a space for 
                                applicants to state if they lack a 
                                driver's license or Social Security 
                                number, and
                                    ``(II) state explicitly that the 
                                applicant may enter any personal 
                                identification document number issued 
                                by a State motor vehicle authority in 
                                the space provided for a driver's 
                                license number.''.
                    (B) Clarification.--Section 303(a)(5)(A) of such 
                Act (42 U.S.C. 15483(a)(5)(A)) is amended--
                            (i) in clause (i)(I), by striking 
                        ``driver's license, the applicant's driver's 
                        license number'' and inserting ``motor vehicle 
                        driver's license (as defined in section 3(3) of 
                        the National Voter Registration Act of 1993 (42 
                        U.S.C. 1973gg-1(3))), the applicant's motor 
                        vehicle driver's license number''; and
                            (ii) in clause (ii), by striking ``driver's 
                        license'' and inserting ``motor vehicle 
                        driver's license (as defined in section 3(3) of 
                        the National Voter Registration Act of 1993 (42 
                        U.S.C. 1973gg-1(3)))''.
            (3) Testing.--Section 303 of such Act (42 U.S.C. 15483) is 
        amended--
                    (A) by redesignating subsection (d) as subsection 
                (e); and
                    (B) by inserting after subsection (c) the following 
                new subsection:
    ``(d) Testing.--Not later than 6 months after the date of the 
enactment of the Count Every Vote Act of 2007, the Commission shall--
            ``(1) issue voluntary guidance for usability testing of 
        registration forms; and
            ``(2) conduct usability testing of all national or Federal 
        registration forms, and make the results available upon request 
        to the public.''.
    (b) Clarification of Standards for Determining Matching of 
Information Provided With Applications.--
            (1) State requirements for determination of validity of 
        numbers provided.--Section 303(a)(5)(A)(iii) of such Act (42 
        U.S.C. 15483(a)(5)(A)(iii)) is amended by striking the period 
        at the end and inserting the following: ``, except that the 
        information provided by an individual shall be sufficient to 
        meet the requirements of this subparagraph if, based on the 
        information provided, the State is able to determine the 
        individual's motor vehicle driver's number or other personal 
        identification document number or the last four digits of the 
        individual's Social Security number, or is able to locate one 
        of those numbers in another State record.''.
            (2) Standards for determination of match of social security 
        numbers.--
                    (A) Requirements for states.--Section 303(a)(5)(B) 
                of such Act (42 U.S.C. 15483(a)(5)(B)) is amended by 
                adding at the end the following new clause:
                            ``(iii) Matching standards.--Information 
                        provided by an applicant for voter registration 
                        shall be deemed to be validly matched with 
                        information maintained by the Commissioner of 
                        Social Security shall be deemed validly matched 
                        for purposes of this subparagraph if it may be 
                        reasonably concluded that the applicant is 
                        substantially likely to be the same individual 
                        as an individual reflected in the database of 
                        the Social Security Administration.''.
                    (B) Procedures of commissioner of social 
                security.--Section 205(r)(8) of the Social Security Act 
                (42 U.S.C. 405(r)(8)), as added by section 303(a)(5)(C) 
                of the Help America Vote Act of 2002, is amended by 
                adding at the end the following new subparagraph:
                    ``(G) The Commissioner shall develop procedures 
                consistent with the matching standard established under 
                section 303(a)(5)(B)(iii) of the Help America Vote Act 
                of 2002 to improve the accuracy of the matching process 
                under the agreements under this paragraph, including 
                procedures to account for typographical errors and 
                common variations in recording data. Such procedures 
                shall be uniform, nondiscriminatory, and open to public 
                scrutiny.''.
    (c) Processing of Registration Applications.--
            (1) Processing requirements.--Subtitle D of title III of 
        the Help America Vote Act of 2002, as added and amended by this 
        Act, is amended by adding at the end the following new section:

``SEC. 340. PROCESSING OF REGISTRATION APPLICATIONS.

    ``(a) In General.--Notwithstanding any other provision of law, each 
State and jurisdiction shall accept and process a voter registration 
application for an election for Federal office unless there is a 
material omission or information that specifically affects the 
eligibility of the voter.
    ``(b) Presumption To Register.--There shall be a presumption that 
persons who submit voter registration applications should be 
registered.
    ``(c) Presumption To Cure Material Omission.--Each State and 
jurisdiction shall--
            ``(1) provide a process to permit voters an opportunity to 
        cure any material omission on the voter registration 
        application within a reasonable period of time before the 
        election; and
            ``(2) accept any application which is so cured as having 
        been filed on the date on which such application is originally 
        received.
    ``(d) Standards for Material Omission From Registration Forms.--
            ``(1) In general.--For purposes of this section, a 
        `material omission or information that specifically affects the 
        eligibility of the voter' consists of--
                    ``(A) the omission of information necessary to 
                establish the eligibility of the applicant to vote; or
                    ``(B) the inclusion of information that establishes 
                the applicant's ineligibility to vote.
            ``(2) Certain information not a material omission.--For 
        purposes of this section, the following shall not constitute a 
        `material omission or information that specifically affects the 
        eligibility of the voter':
                    ``(A) The failure to provide a Social Security 
                number or driver's license number.
                    ``(B) The failure to provide information concerning 
                citizenship or age in a manner other than the 
                attestation required under section 9(b)(2) of the 
                National Voter Registration Act of 1993 (42 U.S.C. 
                1973gg-7).
                    ``(C) The mere fact of a mismatch between the 
                information provided by the voter and the information 
                in a State government database, absent cause to believe 
                that the mismatch is evidence of ineligibility.
    ``(e) State Rules.--Each State shall adopt uniform and 
nondiscriminatory standards regarding the eligibility of citizens to 
vote in elections in the State, and describing the procedures and 
circumstances under which a voter registration form may be rejected, 
consistent with the requirements of this Act and the National Voter 
Registration Act of 1993.
    ``(f) Exception for Certain States.--The requirements of this 
section shall not apply to a State in which, under a State law in 
effect continuously on and after the date of the enactment of the Count 
Every Vote Act of 2007, there is no voter registration requirement for 
individuals in the State with respect to elections for Federal 
office.''.
            (2) Clerical amendment.--The table of contents of such Act, 
        as amended by this Act, is amended by adding at the end of the 
        items relating to subtitle D of title III the following:

``Sec. 340. Processing of registration applications.''.
    (d) Study on Uses of the Internet in Federal Elections.--
            (1) In general.--Subtitle C of title II of such Act (42 
        U.S.C. 15381 et seq.), as amended by this Act, is amended by 
        inserting after section 249B the following new section:

``SEC. 249C. STUDY ON INTERNET REGISTRATION AND OTHER USES OF THE 
              INTERNET IN FEDERAL ELECTIONS.

    ``(a) Study.--The Commission shall conduct a study on--
            ``(1) the feasibility of voter registration through the 
        Internet for Federal elections; and
            ``(2) other uses of the Internet in Federal elections, 
        including--
                    ``(A) the use of the Internet to publicize 
                information related to Federal elections;
                    ``(B) the use of the Internet to provide public 
                access portals through which voters can confirm, 
                correct and update voter registration records; and
                    ``(C) the use of the Internet to vote in Federal 
                elections.
    ``(b) Report.--Not later than 6 months after the date of the 
enactment of the Count Every Vote Act of 2007, the Commission shall 
transmit to Congress a report on the results of the study conducted 
under subsection (a).''.
            (2) Clerical amendment.--The table of contents of such Act, 
        as amended by this Act, is amended by inserting after the item 
        relating to section 249B the following:

``Sec. 249C. Study on Internet registration and other uses of the 
                            Internet in Federal elections.''.
            (3) Effective date.--The amendments made by this subsection 
        shall take effect on the date of the enactment of this Act.

SEC. 402. ESTABLISHING VOTER IDENTIFICATION FOR CERTAIN VOTERS WHO 
              REGISTER BY MAIL.

    (a) In General.--
            (1) Individuals voting in person.--Section 303(b)(2)(A)(i) 
        of the Help America Vote Act of 2002 (42 U.S.C. 
        15483(b)(2)(A)(i)) is amended--
                    (A) by striking ``or'' at the end of subclause (I); 
                and
                    (B) by adding at the end the following new 
                subclause:
                                    ``(III) executes a written 
                                affidavit attesting to such 
                                individual's identity; or''.
            (2) Individuals voting by mail.--Section 303(b)(2)(A)(ii) 
        of such Act (42 U.S.C. 15483(b)(2)(A)(ii)) is amended--
                    (A) by striking ``or'' at the end of subclause (I);
                    (B) by striking the period at the end of subclause 
                (II) and inserting ``; or''; and
                    (C) by adding at the end the following new 
                subclause:
                                    ``(III) a written affidavit 
                                executed by such individual attesting 
                                to the individual's identity.''.
    (b) Standards for Verifying Voter Information.--
            (1) In general.--Subtitle E of title II of such Act, as 
        added and amended by this Act, is amended by adding at the end 
        the following new section:

``SEC. 299C. VOTER IDENTIFICATION.

    ``The Commission shall develop standards for verifying the 
identification information required under section 303(a)(5) in 
connection with the registration of an individual to vote in a Federal 
election.''.
            (2) Clerical amendment.--The table of contents of such Act, 
        as amended by this Act, is amended by adding at the end of the 
        items relating to subtitle E of title II the following:

``Sec. 299C. Voter identification.''.

SEC. 403. REQUIREMENT FOR FEDERAL CERTIFICATION OF TECHNOLOGICAL 
              SECURITY OF VOTER REGISTRATION LISTS.

    (a) In General.--Section 303(a)(3) of the Help America Vote Act of 
2002 (42 U.S.C. 15483(a)(3)) is amended by striking ``measures to 
prevent the'' and inserting ``measures, as certified by the Commission, 
to prevent''.
    (b) Effective Date.--The amendment made by this section shall take 
effect on the date of the enactment of this Act.

SEC. 404. COORDINATION WITH STATE DATABASES.

    Section 303(a)(1)(A)(iv) of the Help America Vote Act of 2002 (42 
U.S.C. 15483(a)(1)(A)(iv)) is amended by striking the period at the end 
and inserting the following: ``including the databases of social 
services agencies, in order to confirm and correct information in voter 
registration records and ensure the accurate and timely processing of 
applications to register to vote.''.

          TITLE V--PROHIBITION ON CERTAIN CAMPAIGN ACTIVITIES

SEC. 501. PROHIBITION ON CERTAIN CAMPAIGN ACTIVITIES.

    (a) In General.--Title III of the Federal Election Campaign Act of 
1971 (2 U.S.C. 431 et seq.) is amended by inserting after section 319 
the following new section:

     ``campaign activities by election officials and voting system 
                             manufacturers

    ``Sec. 319A.  (a) Prohibition.--
            ``(1) Chief state election officials.--It shall be unlawful 
        for any chief State election official to take part in 
        prohibited political activities with respect to any election 
        for Federal office over which such official has managerial 
        authority.
            ``(2) Voting system manufacturers.--It shall be unlawful 
        for any person who owns or serves as the chief executive 
        officer, chief financial officer, chief operating officer, or 
        president of any entity that designs or manufacturers a voting 
        system to take part in prohibited political activities with 
        respect to any election for a Federal office for which a voting 
        system produced by such manufacturer is used.
    ``(b) Definitions.--For purposes of this section:
            ``(1) Chief state election official.--The term `chief State 
        election official' means the individual designated as such 
        under section 10 of the National Voter Registration Act of 
        1993.
            ``(2) Prohibited political activities.--The term 
        `prohibited political activities' means actively campaigning to 
        support or oppose a candidate or slate of candidates for 
        Federal office, making public speeches in support of such a 
        candidate, soliciting and collecting contributions on behalf of 
        such a candidate, distributing campaign materials with respect 
        to such a candidate, organizing campaign events with respect to 
        such a candidate, and serving in any position on any political 
        campaign committee of such a candidate.
    ``(c) Ownership.--For purposes of subsection (a)(2), a person shall 
be considered to own an entity if such person controls at least 20 
percent, by vote or value, of the entity.''.
    (b) Effective Date.--The amendments made by this section shall take 
effect upon the expiration of the 90-day period which begins on the 
date of the enactment of this Act.

                  TITLE VI--ENDING DECEPTIVE PRACTICES

SEC. 601. ENDING DECEPTIVE PRACTICES.

    (a) In General.--
            (1) Subsection (b) of section 2004 of the Revised Statutes 
        (42 U.S.C. 1971(b)) is amended--
                    (A) by striking ``No person'' and inserting the 
                following:
            ``(1) In general.--No person''; and
                    (B) by inserting at the end the following new 
                paragraph:
            ``(3) Deceptive acts.--No person, whether acting under 
        color of law or otherwise, shall knowingly deceive any other 
        person regarding the time, place, or manner of conducting a 
        general, primary, run-off, or special election for the office 
        of President, Vice President, presidential elector, Member of 
        the Senate, or Member of the House of Representatives, 
        Delegates, or Commissioners from the Territories or 
        possessions; nor shall any person knowingly deceive any person 
        regarding the qualifications or restrictions of voter 
        eligibility for any general, primary, run-off, or special 
        election for the office of President, Vice President, 
        presidential elector, Member of the Senate, or Member of the 
        House of Representatives, Delegates, or Commissioners from the 
        Territories or possessions.''.
            (2) The heading of section 2004(b) of the Revised Statutes 
        is amended by striking ``or coercion'' and inserting 
        ``coercion, or deceptive acts''.
    (b) Criminal Penalty.--Section 594 of title 18, United States Code, 
is amended--
            (1) by striking ``Whoever'' and inserting the following:
    ``(a) Intimidation.--Whoever''; and
            (2) by inserting at the end the following:
    ``(b) Deceptive Acts.--Whoever knowingly deceives any person 
regarding--
            ``(1) the time, place, or manner of conducting a general, 
        primary, run-off, or special election for the office of 
        President, Vice President, presidential elector, Member of the 
        Senate, or Member of the House of Representatives, Delegates, 
        or Commissioners from the Territories or possessions; or
            ``(2) the qualifications or restrictions of voter 
        eligibility for any general, primary, run-off or special 
        election for the office of President, Vice President, 
        presidential elector, Member of the Senate, or Member of the 
        House of Representatives, Delegates, or Commissioners from the 
        Territories or possessions shall be fined under this title, 
        imprisoned not more than five years, or both.''.
    (c) Effective Date.--The amendments made by this section shall take 
effect on the date of the enactment of this Act.

             TITLE VII--CIVIC PARTICIPATION BY EX-OFFENDERS

SEC. 701. VOTING RIGHTS OF INDIVIDUALS CONVICTED OF CRIMINAL OFFENSES.

    (a) Short Title.--This title may be cited as the ``Civic 
Participation Act of 2007''.
    (b) Findings and Purpose.--
            (1) Findings.--Congress makes the following findings:
                    (A) The right to vote is the most basic 
                constitutive act of citizenship and regaining the right 
                to vote reintegrates offenders into free society. The 
                right to vote may not be abridged or denied by the 
                United States or by any State on account of race, 
                color, gender, or previous condition of servitude. 
                Basic constitutional principles of fairness and equal 
                protection require an equal opportunity for United 
                States citizens to vote in Federal elections.
                    (B) Congress has ultimate supervisory power over 
                Federal elections, an authority that has repeatedly 
                been upheld by the Supreme Court.
                    (C) Although State laws determine the 
                qualifications for voting in Federal elections, 
                Congress must ensure that those laws are in accordance 
                with the Constitution. Currently, those laws vary 
                throughout the Nation, resulting in discrepancies 
                regarding which citizens may vote in Federal elections.
                    (D) An estimated 5,400,000 individuals in the 
                United States, or 1 in 40 adults, currently cannot vote 
                as a result of a felony conviction. Women represent 
                about 650,000 and military veterans represent about 
                500,000 of those 5,300,000.
                    (E) State disenfranchisement laws 
                disproportionately impact ethnic minorities.
                    (F) 12 States disenfranchise some or all ex-
                offenders who have fully served their sentences, 
                regardless of the nature or seriousness of the offense.
                    (G) In those States that disenfranchise ex-
                offenders who have fully served their sentences, the 
                right to vote can be regained in theory, but in 
                practice this possibility is often illusory.
                    (H) In 8 States, a pardon or order from the 
                Governor is required for an ex-offender to regain the 
                right to vote. In two States, ex-offenders must obtain 
                action by the parole or pardon board to regain that 
                right.
                    (I) Offenders convicted of a Federal offense often 
                have additional barriers to regaining voting rights. 
                Many States do not offer a restoration procedure for 
                Federal offenders who have completed supervision. The 
                only method available to such persons is a Presidential 
                pardon.
                    (J) State procedures that require individuals to 
                apply to have their voting rights restored are often 
                unfair and inefficient. Long backlogs often cause 
                delays of months or years before individual 
                applications are processed. Few persons who seek to 
                have their right to vote restored have the financial 
                and political resources needed to succeed.
                    (K) Thirteen percent of the African-American adult 
                male population, or 1,400,000 African-American men, are 
                disenfranchised. Given current rates of incarceration, 
                3 in 10 African-American men in the next generation 
                will be disenfranchised at some point during their 
                lifetimes. Hispanic citizens are also 
                disproportionately disenfranchised, since those 
                citizens are disproportionately represented in the 
                criminal justice system.
                    (L) The discrepancies described in this paragraph 
                should be addressed by Congress, in the name of 
                fundamental fairness and equal protection.
            (2) Purpose.--The purpose of this title is to restore 
        fairness in the Federal election process by ensuring that ex-
        offenders who have fully served their sentences are not denied 
        the right to vote.
    (c) Definitions.--In this title:
            (1) Correctional institution or facility.--The term 
        ``correctional institution or facility'' means any prison, 
        penitentiary, jail, or other institution or facility for the 
        confinement of individuals convicted of criminal offenses, 
        whether publicly or privately operated, except that such term 
        does not include any residential community treatment center (or 
        similar public or private facility).
            (2) Election.--The term ``election'' means--
                    (A) a general, special, primary, or runoff 
                election;
                    (B) a convention or caucus of a political party 
                held to nominate a candidate;
                    (C) a primary election held for the selection of 
                delegates to a national nominating convention of a 
                political party; or
                    (D) a primary election held for the expression of a 
                preference for the nomination of persons for election 
                to the office of President.
            (3) Federal office.--The term ``Federal office'' means the 
        office of President or Vice President, or of Senator or 
        Representative in, or Delegate or Resident Commissioner to, 
        Congress.
            (4) Parole.--The term ``parole'' means parole (including 
        mandatory parole), or conditional or supervised release 
        (including mandatory supervised release), imposed by a Federal, 
        State, or local court.
            (5) Probation.--The term probation means probation imposed 
        by a Federal, State, or local court, with or without a 
        condition on the individual involved concerning--
                    (A) the individual's freedom of movement;
                    (B) the payment of damages by the individual;
                    (C) periodic reporting by the individual to an 
                officer of the court; or
                    (D) supervision of the individual by an officer of 
                the court.
    (d) Rights of Citizens.--The right of an individual who is a 
citizen of the United States to vote in any election for Federal office 
shall not be denied or abridged because that individual has been 
convicted of a criminal offense unless, at the time of the election, 
such individual--
            (1) is serving a felony sentence in a correctional 
        institution or facility; or
            (2) is on parole or probation for a felony offense.
    (e) Enforcement.--
            (1) Attorney general.--The Attorney General may bring a 
        civil action in a court of competent jurisdiction to obtain 
        such declaratory or injunctive relief as is necessary to remedy 
        a violation of this section.
            (2) Private right of action.--
                    (A) Notice.--A person who is aggrieved by a 
                violation of this section may provide written notice of 
                the violation to the chief election official of the 
                State involved.
                    (B) Action.--Except as provided in subparagraph 
                (C), if the violation is not corrected within 90 days 
                after receipt of a notice provided under subparagraph 
                (A), or within 20 days after receipt of the notice if 
                the violation occurred within 120 days before the date 
                of an election for Federal office, the aggrieved person 
                may bring a civil action in such a court to obtain 
                declaratory or injunctive relief with respect to the 
                violation.
                    (C) Action for violation shortly before a federal 
                election.--If the violation occurred within 30 days 
                before the date of an election for Federal office, the 
                aggrieved person shall not be required to provide 
                notice to the chief election official of the State 
                under subparagraph (A) before bringing a civil action 
                in such a court to obtain declaratory or injunctive 
                relief with respect to the violation.
    (f) Relation to Other Laws.--
            (1) No prohibition on less restrictive laws.--Nothing in 
        this section shall be construed to prohibit a State from 
        enacting any State law that affords the right to vote in any 
        election for Federal office on terms less restrictive than 
        those terms established by this section.
            (2) No limitation on other laws.--The rights and remedies 
        established by this section shall be in addition to all other 
        rights and remedies provided by law, and shall not supersede, 
        restrict, or limit the application of the Voting Rights Act of 
        1965 (42 U.S.C. 1973 et seq.) or the National Voter 
        Registration Act of 1993 (42 U.S.C. 1973gg et seq.).
    (g) Notification of Restoration of Voting Rights.--
            (1) In general.--Subtitle D of title III of the Help 
        America Vote Act of 2002, as added and amended by this Act, is 
        amended by adding at the end the following new section:

``SEC. 341. NOTIFICATION OF RESTORATION OF VOTING RIGHTS.

    ``(a) Notification.--
            ``(1) In general.--On the date determined under subsection 
        (b), each State shall notify in writing any qualified ex-
        offender who resides in the State that such qualified ex-
        offender has the right to vote in an election for Federal 
        office pursuant to the Civic Participation Act of 2007 and may 
        register to vote in any such election.
            ``(2) Qualified ex-offender.--For the purpose of this 
        section, the term `qualified ex-offender' means any individual 
        who resides in the State who has been convicted of a criminal 
        offense and is not serving a felony sentence in a correctional 
        institution or facility and who is not on parole or probation 
        for a felony offense.
    ``(b) Date of Notification.--The notification required under 
subsection (a) shall be given on the later of the date on which such 
individual is released from a correctional institution or facility for 
serving a felony sentence or the date on which such individual is 
released from parole for a felony offense.
    ``(c) Definitions.--Any term which is used in this section that is 
also used in the Civic Participation Act of 2007 shall have the meaning 
given to such term in that Act.
    ``(d) Effective Date.--Each State shall be required to comply with 
the requirements of this section on and after the date of the enactment 
of the Civic Participation Act of 2007.''.
            (2) Clerical amendment.--The table of contents of such Act, 
        as amended by this Act, is amended by adding at the end of the 
        items relating to subtitle D of title III the following:

``Sec. 341. Notification of restoration of voting rights.''.
    (h) Effective Date.--
            (1) In general.--This section shall apply to citizens of 
        the United States voting in any election for Federal office 
        after the date of the enactment of this Act.
            (2) Amendments.--The amendment made by subsection (g) shall 
        take effect on the date of the enactment of this Act.

                  TITLE VIII--FEDERAL ELECTION DAY ACT

SEC. 801. SHORT TITLE.

    This title may be cited as the ``Federal Election Day Act of 
2007''.

SEC. 802. FEDERAL ELECTION DAY AS A PUBLIC HOLIDAY.

    (a) Election Day as a Federal Holiday.--Section 6103(a) of title 5, 
United States Code, is amended by inserting after the matter relating 
to Columbus Day, the following undesignated paragraph:
            ``Federal Election Day, the Tuesday next after the first 
        Monday in November in each even numbered year.''.
    (b) Conforming Amendment.--Section 241(b) of the Help America Vote 
Act of 2002 (42 U.S.C. 15381(b)) is amended by striking paragraph (10) 
and by redesignating paragraphs (11) through (19) as paragraphs (10) 
through (18), respectively.
    (c) Effective Date.--The amendments made by this section shall take 
effect on the date of the enactment of this Act.

        TITLE IX--ADDITIONAL IMPROVEMENTS TO ELECTION PROCEDURES

SEC. 901. TRANSMISSION OF CERTIFICATE OF ASCERTAINMENT OF ELECTORS.

    (a) In General.--Section 6 of title 3, United States Code, is 
amended--
            (1) by inserting ``and before the date that is 6 days 
        before the date on which the electors are to meet under section 
        7,'' after ``under and in pursuance of the laws of such State 
        providing for such ascertainment,''; and
            (2) by striking ``by registered mail'' and inserting ``by 
        overnight courier''.
    (b) Effective Date.--The amendments made by this section shall take 
effect on the date of the enactment of this Act.

SEC. 902. STUDY ON FEASIBILITY OF CREATING RANKING SYSTEM OF STATE 
              ELECTION ADMINISTRATION PROCESSES.

    (a) Study.--Subtitle C of title II of the Help America Vote Act of 
2002 (42 U.S.C. 15381 et seq.), as amended by this Act, is amended by 
inserting after section 249C the following new section:

``SEC. 249D. STUDY ON FEASIBILITY OF CREATING RANKING SYSTEM OF STATE 
              ELECTION ADMINISTRATION PROCESSES.

    ``(a) Study.--
            ``(1) In general.--The Commission shall conduct and make 
        publicly available a comprehensive study of the costs and 
        benefits of developing a Democracy Index (Index) of State 
        election administration processes.
            ``(2) Study through appropriate entity.--Not later than 60 
        days after the date of the enactment of the Count Every Vote 
        Act of 2007, the Commission shall seek to enter into agreement 
        with the National Academy of Sciences, the National Science 
        Foundation, the AEI-Brookings Election Reform Project, or other 
        appropriate nongovernmental entity to carry out the study 
        required in subsection (a).
            ``(3) Issues considered.--The study shall--
                    ``(A) identify the appropriate scope and 
                methodology, if any, to be used in organizing and 
                administering the Index;
                    ``(B) recommend an appropriate methodology for 
                gathering and standardizing information related to the 
                quality of each State's election administration 
                processes; and
                    ``(C) recommend an appropriate methodology for 
                ranking the quality of State election administration 
                processes.
    ``(b) Definition.--For purposes of this section, `election 
administration processes' includes the registration of eligible voters, 
the casting of ballots, and the counting of ballots.
    ``(c) Report and Recommendations.--Not later than 12 months after 
the date of the enactment of the Count Every Vote Act of 2007, the 
Commission shall submit to the President and Congress a report on the 
study conducted under subsection (a), together with recommendations for 
administrative and legislative action as the Commission deems 
appropriate. The report shall be made publicly available in paper copy 
and electronically.''.
    (b) Clerical Amendment.--The table of contents of such Act, as 
amended by this Act, is amended by inserting after the item relating to 
section 249C the following:

``Sec. 249D. Study on feasibility of creating ranking system of State 
                            election administration processes.''.

       TITLE X--STRENGTHENING THE ELECTION ASSISTANCE COMMISSION

SEC. 1001. STRENGTHENING THE ELECTION ASSISTANCE COMMISSION.

    (a) Authorization of Appropriations.--Section 210 of the Help 
America Vote Act of 2002 (42 U.S.C. 15330) is amended by striking ``for 
each of fiscal years 2003 through 2005 such sums as may be necessary 
(but not to exceed $10,000,000 for each such year)'' and inserting 
``$15,000,000 for fiscal year 2008, $10,000,000 for fiscal year 2009, 
$10,000,000 for fiscal year 2010, and such sums as may be necessary for 
each succeeding fiscal year''.
    (b) Budget Requests.--
            (1) In general.--Part 1 of subtitle A of title II of such 
        Act (42 U.S.C. 15321 et seq.) is amended by inserting after 
        section 209 the following new section:

``SEC. 209A. SUBMISSION OF BUDGET REQUESTS.

    ``Whenever the Commission submits any budget estimate or request to 
the President or the Office of Management and Budget, it shall 
concurrently transmit a copy of such estimate or request to the 
Congress and to the Committee on House Administration of the House of 
Representatives and the Committee on Rules and Administration of the 
Senate.''.
            (2) Clerical amendment.--The table of contents of such Act 
        is amended by inserting after the item relating to section 209 
        the following:

``Sec. 209A. Submission of budget requests.''.
    (c) Exemption From Paperwork Reduction Act.--Paragraph (1) of 
section 3502 of title 44, United States Code, is amended--
            (1) by redesignating subparagraphs (B), (C), and (D) as 
        subparagraphs (C), (D), and (E); and
            (2) by inserting after subparagraph (A) the following new 
        subparagraph:
                    ``(B) the Election Assistance Commission;''.
    (d) NIST Authority.--
            (1) In general.--Subtitle E of title II of the Help America 
        Vote Act of 2002, as added and amended by this Act, is amended 
        by adding at the end the following new section:

``SEC. 299D. TECHNICAL SUPPORT.

    ``At the request of the Commission, the Director of the National 
Institute of Standards and Technology shall provide the Commission with 
technical support necessary for the Commission to carry out its duties 
under this title''.
            (2) Clerical amendment.--The table of contents of such Act, 
        as amended by this Act, is amended by adding at the end of the 
        items relating to subtitle E of title II the following:

``Sec. 299D. Technical support.''.
    (e) Removal of Full-Time Employee Cap.--Notwithstanding any other 
provision of law, there shall be no cap on the number of full-time 
equivalent personnel who may be employed at the Election Assistance 
Commission.
    (f) Effective Date.--The amendments made by this section shall take 
effect on the date of the enactment of this Act.

SEC. 1002. REPEAL OF EXEMPTION OF ELECTION ASSISTANCE COMMISSION FROM 
              CERTAIN GOVERNMENT CONTRACTING REQUIREMENTS.

    (a) In General.--Section 205 of the Help America Vote Act of 2002 
(42 U.S.C. 15325) is amended by striking subsection (e).
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply with respect to contracts entered into by the Election Assistance 
Commission on or after the date of enactment of this Act.

SEC. 1003. MEMBERSHIP OF TECHNICAL GUIDELINES DEVELOPMENT COMMITTEE.

    (a) In General.--Section 221(c)(1) of the Help America Vote Act of 
2002 (42 U.S.C. 15361(c)(1)) is amended--
            (1) by redesignating subparagraph (E) as subparagraph (F); 
        and
            (2) by inserting after subparagraph (D) the following new 
        subparagraph:
                    ``(E) An individual with expertise in providing 
                assistive technology to individuals with a wide range 
                of disabilities.''.
    (b) Effective Date.--The amendments made by this section shall take 
effect on the date of enactment of this Act.

SEC. 1004. AUTHORIZATION OF APPROPRIATIONS FOR REQUIREMENTS PAYMENTS.

    Subsection (a) of section 257 of the Help America Vote Act of 2002 
(42 U.S.C. 15407(a)) is amended by adding at the end the following new 
paragraphs:
            ``(4) For fiscal year 2008, $3,000,000,000.
            ``(5) For each fiscal year after 2008, such sums as are 
        necessary.''.

                        TITLE XI--EFFECTIVE DATE

SEC. 1101. EFFECTIVE DATE.

    Except as otherwise provided, this Act and the amendments made by 
this Act shall apply with respect to the regularly scheduled general 
election for Federal office held in November 2008 and each succeeding 
election for Federal office.
                                 <all>
```