II 

116TH CONGRESS 

1ST SESSION S. 2238 

To protect elections for public office by providing financial support and 

enhanced security for the infrastructure used to carry out such elections, 

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JULY 23, 2019 

Ms. KLOBUCHAR (for herself and Mr. WYDEN) introduced the following bill; 

which was read twice and referred to the Committee on Rules and Administration 

A BILL 

To protect elections for public office by providing financial 

support and enhanced security for the infrastructure 

used to carry out such elections, and for other purposes. 

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

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

5 ‘‘Securing America’s Federal Elections Act’’ or the 

6 ‘‘SAFE Act’’. 

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

8 this Act is as follows: 

Sec. 1. Short title; table of contents. 


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TITLE I—FINANCIAL SUPPORT FOR ELECTION INFRASTRUCTURE 

Subtitle A—Voting System Security Improvement Grants 

PART 1—PROMOTING ACCURACY, INTEGRITY, AND SECURITY THROUGH

VOTER-VERIFIABLE PERMANENT PAPER BALLOT

Sec. 101. Short title. 

Sec. 102. Paper ballot and manual counting requirements. 

Sec. 103. Accessibility and ballot verification for individuals with disabilities. 

Sec. 104. Durability and readability requirements for ballots. 

Sec. 105. Paper ballot printing requirements. 

Sec. 106. Updated study and report on optimal ballot design. 

Sec. 107. Effective date for new requirements. 

PART 2—GRANTS TO CARRY OUT IMPROVEMENTS

Sec. 111. Grants for obtaining compliant paper ballot voting systems and carrying out voting system security improvements. 

Sec. 112. Grants for accessible ballot marking devices. 

Sec. 113. Grants for ballot design and printing. 

Sec. 114. Coordination of voting system security activities with use of requirements payments and election administration requirements 

under Help America Vote Act of 2002. 

Sec. 115. Incorporation of definitions. 

Subtitle B—Risk-Limiting Audits 

Sec. 121. Risk-limiting audits. 

Sec. 122. Funding for conducting post-election risk-limiting audits. 

Sec. 123. GAO analysis of effects of audits. 

TITE II—PROMOTING CYBERSECURITY THROUGH IMPROVEMENTS 

IN ELECTION ADMINISTRATION 

Sec. 201. Cybersecurity requirements for and testing and certification of voting 

systems. 

Sec. 202. Voting system cybersecurity requirements. 

Sec. 203. Testing of existing voting systems to ensure compliance with election 

cybersecurity guidelines and other guidelines. 

Sec. 204. Requiring use of software and hardware for which information is disclosed by manufacturer. 

Sec. 205. Treatment of electronic poll books as part of voting systems. 

Sec. 206. Pre-election reports on voting system usage. 

Sec. 207. Streamlining collection of election information. 

TITLE III—USE OF VOTING MACHINES MANUFACTURED IN THE 

UNITED STATES 

Sec. 301. Use of voting machines manufactured in the United States. 

TITLE IV—SEVERABILITY 

Sec. 401. Severability. 


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1 TITLE I—FINANCIAL SUPPORT 

2 FOR ELECTION INFRASTRUC3 TURE 

4 Subtitle A—Voting System Security 

5 Improvement Grants 

6 PART 1—PROMOTING ACCURACY, INTEGRITY, 

7 AND SECURITY THROUGH VOTER-VERIFIA8 BLE PERMANENT PAPER BALLOT 

9 SEC. 101. SHORT TITLE. 

10 This subtitle may be cited as the ‘‘Voter Confidence 

11 and Increased Accessibility Act of 2019’’. 

12 SEC. 102. PAPER BALLOT AND MANUAL COUNTING RE13 QUIREMENTS. 

14 (a) IN GENERAL.—Section 301(a)(2) of the Help 

15 America Vote Act of 2002 (52 U.S.C. 21081(a)(2)) is 

16 amended to read as follows: 

17 ‘‘(2) PAPER BALLOT REQUIREMENT.— 

18 ‘‘(A) VOTER-VERIFIABLE PAPER BAL19 LOTS.— 

20 ‘‘(i) PAPER BALLOT REQUIREMENT.— 

21 ‘‘(I) IN GENERAL.—The voting 

22 system shall require the use of an in23 dividual, durable, voter-verifiable 

24 paper ballot of the voter’s vote 

25 selections that shall be marked and 


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1 made available for inspection and veri2 fication by the voter before the voter’s 

3 ballot is cast and counted. For pur4 poses of this subclause, the term ‘indi5 vidual, durable, voter-verifiable paper 

6 ballot’ means a paper ballot marked 

7 by the voter by hand or a paper ballot 

8 marked through the use of a nontab9 ulating ballot marking device, so long 

10 as the voter shall have the option to 

11 mark his or her ballot by hand. 

12 ‘‘(II) REQUIREMENTS FOR BAL13 LOT MARKING DEVICES.—Except as 

14 required to meet the accessibility re15 quirements under paragraph (3), in 

16 the case of a ballot marking device— 

17 ‘‘(aa) the printed or marked 

18 paper ballot shall be presented to 

19 the voter for physical inspection 

20 and verification before the ballot 

21 is counted and preserved in ac22 cordance with clause (ii); 

23 ‘‘(bb) the paper ballot shall 

24 be printed or marked in such a 

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1 ing all vote selections scanned by 

2 ballot tabulation devices, can be 

3 inspected and verified by the 

4 voter without training or instruc5 tion or audited by election offi6 cials without the aid of any ma7 chine or other equipment; and 

8 ‘‘(cc) the ballot marking de9 vice shall be designed and built 

10 in a manner in which it is me11 chanically impossible for the de12 vice to add or change the vote se13 lections on a printed or marked 

14 ballot at any time after the ballot 

15 has been presented to the voter 

16 for inspection and verification 

17 under item (aa). 

18 ‘‘(III) CONFIDENTIALITY.—The 

19 voting system shall not preserve or 

20 mark the individual, durable, voter21 verifiable paper ballots in any manner 

22 that makes it possible, at any time 

23 after the ballot has been cast, to asso24 ciate a voter with the record of the 


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1 voter’s vote selections without the vot2 er’s consent. 

3 ‘‘(ii) PRESERVATION AS OFFICIAL

4 RECORD.—The individual, durable, voter5 verifiable paper ballot used in accordance 

6 with clause (i) shall constitute the official 

7 ballot and shall be preserved and used as 

8 the official ballot for purposes of any re9 count or audit conducted with respect to 

10 any election for Federal office in which the 

11 voting system is used. 

12 ‘‘(iii) MANUAL COUNTING REQUIRE13 MENTS FOR RECOUNTS.— 

14 ‘‘(I) Each paper ballot used pur15 suant to clause (i) shall be counted by 

16 hand in any recount conducted with 

17 respect to any election for Federal of18 fice. 

19 ‘‘(II) In the event of any incon20 sistencies or irregularities between 

21 any electronic vote tallies and the vote 

22 tallies determined by counting by 

23 hand the individual, durable, voter24 verifiable paper ballots used pursuant 

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1 graph (B), the individual, durable, 

2 voter-verifiable paper ballots shall be 

3 the true and correct record of the 

4 votes cast. 

5 ‘‘(iv) APPLICATION TO ALL BAL6 LOTS.—The requirements of this subpara7 graph shall apply to all ballots cast in elec8 tions for Federal office, including ballots 

9 cast by absent uniformed services voters 

10 and overseas voters under the Uniformed 

11 and Overseas Citizens Absentee Voting Act 

12 and other absentee voters. 

13 ‘‘(B) SPECIAL RULE FOR TREATMENT OF

14 DISPUTES WHEN PAPER BALLOTS HAVE BEEN

15 SHOWN TO BE COMPROMISED.— 

16 ‘‘(i) IN GENERAL.—In the event 

17 that— 

18 ‘‘(I) there is any inconsistency 

19 between any electronic vote tallies and 

20 the vote tallies determined by count21 ing by hand the individual, durable, 

22 voter-verifiable paper ballots used pur23 suant to subparagraph (A)(i) with re24 spect to any election for Federal of25 fice; and 


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1 ‘‘(II) it is demonstrated by clear 

2 and convincing evidence (as deter3 mined in accordance with the applica4 ble standards in the jurisdiction in5 volved) in any recount, audit, or con6 test of the result of the election that 

7 the paper ballots have been com8 promised (by damage or mischief or 

9 otherwise) and that a sufficient num10 ber of the ballots have been so com11 promised that the result of the elec12 tion could be changed, 

13 the determination of the appropriate rem14 edy with respect to the election shall be 

15 made in accordance with applicable State 

16 and Federal law, except that the electronic 

17 tally shall not be used as the exclusive 

18 basis for determining the official certified 

19 result. 

20 ‘‘(ii) RULE FOR CONSIDERATION OF

21 BALLOTS ASSOCIATED WITH EACH VOTING

22 MACHINE.—For purposes of clause (i), 

23 only the paper ballots deemed com24 promised, if any, shall be considered in the 

25 calculation of whether or not the result of 


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1 the election could be changed due to the 

2 compromised paper ballots.’’. 

3 (b) CONFORMING AMENDMENT CLARIFYING APPLI4 CABILITY OF ALTERNATIVE LANGUAGE ACCESSIBILITY.— 

5 Section 301(a)(4) of such Act (52 U.S.C. 21081(a)(4)) 

6 is amended by inserting ‘‘(including the paper ballots re7 quired to be used under paragraph (2))’’ after ‘‘voting sys8 tem’’. 

9 (c) OTHER CONFORMING AMENDMENTS.—Section 

10 301(a)(1) of such Act (52 U.S.C. 21081(a)(1)) is amend11 ed— 

12 (1) in subparagraph (A)(i), by striking ‘‘count13 ed’’ and inserting ‘‘counted, in accordance with 

14 paragraphs (2) and (3)’’; 

15 (2) in subparagraph (A)(ii), by striking ‘‘count16 ed’’ and inserting ‘‘counted, in accordance with 

17 paragraphs (2) and (3)’’; 

18 (3) in subparagraph (A)(iii), by striking ‘‘count19 ed’’ each place it appears and inserting ‘‘counted, in 

20 accordance with paragraphs (2) and (3)’’; and 

21 (4) in subparagraph (B)(ii), by striking ‘‘count22 ed’’ and inserting ‘‘counted, in accordance with 

23 paragraphs (2) and (3)’’. 


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1 SEC. 103. ACCESSIBILITY AND BALLOT VERIFICATION FOR 

2 INDIVIDUALS WITH DISABILITIES. 

3 (a) IN GENERAL.—Section 301(a)(3)(B) of the Help 

4 America Vote Act of 2002 (52 U.S.C. 21081(a)(3)(B)) is 

5 amended to read as follows: 

6 ‘‘(B)(i) ensure that individuals with dis7 abilities and others are given an equivalent op8 portunity to vote, including with privacy and 

9 independence, in a manner that produces a 

10 voter-verifiable paper ballot as for other voters; 

11 ‘‘(ii) satisfy the requirement of subpara12 graph (A) through the use of as many ballot 

13 marking devices at each polling place as nec14 essary (but not less than 1) to reasonably ac15 commodate the number of voters with accessi16 bility needs expected to vote at the polling 

17 place) that— 

18 ‘‘(I) is equipped for individuals with 

19 disabilities, including nonvisual and en20 hanced visual accessibility for the blind 

21 and visually impaired and nonmanual and 

22 enhanced manual accessibility for the mo23 bility and dexterity impaired; 

24 ‘‘(II) in the case of any election for 

25 Federal office occurring after the date that 

26 is 6 years after the date of the enactment 


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1 of the Securing America’s Federal Elec2 tions Act— 

3 ‘‘(aa) marks ballots that are 

4 identical in size, ink, and paper stock 

5 to those ballots that would either be 

6 marked by hand or be marked by a 

7 ballot marking device made generally 

8 available to voters; and 

9 ‘‘(bb) combines ballots produced 

10 by any ballot marking devices reserved 

11 for individuals with disabilities with 

12 ballots that have either been marked 

13 by voters by hand or marked by ballot 

14 marking devices made generally avail15 able to voters, in a way that prevents 

16 identification of the ballots that were 

17 cast using any ballot marking device 

18 that was reserved for individuals with 

19 disabilities; and 

20 ‘‘(III) is made available for use by 

21 any voter who requests to use it; and 

22 ‘‘(iii) in the case of any election for Fed23 eral office occurring after the date that is 6 

24 years after the date of the enactment of the Se25 curing America’s Federal Elections Act, meet 


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1 the requirements of subparagraph (A) and 

2 paragraph (2)(A) by using a system that— 

3 ‘‘(I) allows the voter to privately and 

4 independently verify the accuracy of the 

5 permanent paper ballot through the pres6 entation, in accessible form, of the printed 

7 or marked vote selections from the same 

8 printed or marked information that would 

9 be used for any vote tabulation or audit10 ing; and 

11 ‘‘(II) allows the voter to privately and 

12 independently verify and cast the perma13 nent paper ballot without requiring the 

14 voter to manually handle the paper ballot; 

15 and’’. 

16 (b) CLARIFICATION WITH RESPECT TO APPLICATION

17 OF REQUIREMENT TO BALLOTS MARKED AT HOME.— 

18 Section 301(a)(3) of such Act (52 U.S.C. 21081(a)(3)) 

19 is amended by adding at the end the following new flush 

20 sentence: 

21 ‘‘Nothing in subparagraph (B) shall be construed to 

22 prohibit the use of an accessible ballot that may be 

23 printed or marked by the voter at home.’’. 

24 (c) REQUIREMENT FOR POLL WORKERS TO INFORM

25 VOTES OF ACCESSIBLE VOTING SYSTEMS.— 


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1 (1) IN GENERAL.—Title III of the Help Amer2 ica Vote Act of 2002 (52 U.S.C. 21081 et seq.) is 

3 amended by inserting after section 301 the following 

4 new section: 

5 ‘‘SEC. 301A. INFORMATION ON ACCESSIBLE VOTING SYS6 TEMS. 

7 ‘‘(a) IN GENERAL.—Every individual who votes in 

8 person in an election for Federal office shall be informed 

9 by the individual administering such election of— 

10 ‘‘(1) the availability of accessible voting systems 

11 under section 301(a)(3)(B); and 

12 ‘‘(2) the right of the individual to use such vot13 ing systems upon request. 

14 ‘‘(b) EFFECTIVE DATE.—The requirements of this 

15 section shall apply to elections for Federal office held in 

16 2020 or any succeeding year.’’. 

17 (2) CLERICAL AMENDMENT.—The table of con18 tents for such Act is amended by inserting after the 

19 item relating to section 301 the following new item: 

‘‘Sec. 301A. Information on accessible voting systems.’’. 

20 (3) CONFORMING AMENDMENT RELATING TO

21 ENFORCEMENT.—Section 401 of such Act (52 

22 U.S.C. 21111) is amended by striking ‘‘sections 301, 

23 302, and 303’’ and inserting ‘‘subtitle A of title 

24 III’’. 


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1 (d) SPECIFIC REQUIREMENT OF STUDY, TESTING, 

2 AND DEVELOPMENT OF ACCESSIBLE PAPER BALLOT

3 VERIFICATION MECHANISMS.— 

4 (1) STUDY AND REPORTING.—Subtitle C of 

5 title II of such Act (52 U.S.C. 21081 et seq.) is 

6 amended— 

7 (A) by redesignating section 247 as section 

8 248; and 

9 (B) by inserting after section 246 the fol10 lowing new section: 

11 ‘‘SEC. 247. STUDY AND REPORT ON ACCESSIBLE PAPER 

12 BALLOT VERIFICATION MECHANISMS. 

13 ‘‘(a) STUDY AND REPORT.—The Director of the Na14 tional Science Foundation shall make grants to not fewer 

15 than three eligible entities to study, test, and develop ac16 cessible paper ballot voting, verification, and casting mech17 anisms and devices and best practices to enhance the ac18 cessibility of paper ballot voting and verification mecha19 nisms for individuals with disabilities, for voters whose pri20 mary language is not English, and for voters with difficul21 ties in literacy, including best practices for the mecha22 nisms themselves and the processes through which the 

23 mechanisms are used. 

24 ‘‘(b) ELIGIBILITY.—An entity is eligible to receive a 

25 grant under this part if it submits to the Director (at such 


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1 time and in such form as the Director may require) an 

2 application containing— 

3 ‘‘(1) certifications that the entity shall specifi4 cally investigate enhanced methods or devices, in5 cluding non-electronic devices, that will assist such 

6 individuals and voters in marking voter-verifiable 

7 paper ballots and presenting or transmitting the in8 formation printed or marked on such ballots back to 

9 such individuals and voters, and casting such ballots; 

10 ‘‘(2) a certification that the entity shall com11 plete the activities carried out with the grant not 

12 later than December 31, 2020; and 

13 ‘‘(3) such other information and certifications 

14 as the Director may require. 

15 ‘‘(c) AVAILABILITY OF TECHNOLOGY.—Any tech16 nology developed with the grants made under this section 

17 shall be treated as non-proprietary and shall be made 

18 available to the public, including to manufacturers of vot19 ing systems. 

20 ‘‘(d) COORDINATION WITH GRANTS FOR TECH21 NOLOGY IMPROVEMENTS.—The Director shall carry out 

22 this section so that the activities carried out with the 

23 grants made under subsection (a) are coordinated with the 

24 research conducted under the grant program carried out 

25 by the Commission under section 271, to the extent that 


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1 the Director and Commission determine necessary to pro2 vide for the advancement of accessible voting technology. 

3 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There 

4 is authorized to be appropriated to carry out subsection 

5 (a) $5,000,000, to remain available until expended.’’. 

6 (2) CLERICAL AMENDMENT.—The table of con7 tents of such Act is amended— 

8 (A) by redesignating the item relating to 

9 section 247 as relating to section 248; and 

10 (B) by inserting after the item relating to 

11 section 246 the following new item: 

‘‘Sec. 247. Study and report on accessible paper ballot verification mechanisms.’’. 

12 (e) CLARIFICATION OF ACCESSIBILITY STANDARDS

13 UNDER VOLUNTARY VOTING SYSTEM GUIDANCE.—In 

14 adopting any voluntary guidance under subtitle B of title 

15 III of the Help America Vote Act with respect to the ac16 cessibility of the paper ballot verification requirements for 

17 individuals with disabilities, the Election Assistance Com18 mission shall include and apply the same accessibility 

19 standards applicable under the voluntary guidance adopt20 ed for accessible voting systems under such subtitle. 

21 (f) PERMITTING USE OF FUNDS FOR PROTECTION

22 AND ADVOCACY SYSTEMS TO SUPPORT ACTIONS TO EN23 FORCE ELECTION-RELATED DISABILITY ACCESS.—Sec24 tion 292(a) of the Help America Vote Act of 2002 (52 


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1 U.S.C. 21062(a)) is amended by striking ‘‘; except that’’ 

2 and all that follows and inserting a period. 

3 SEC. 104. DURABILITY AND READABILITY REQUIREMENTS 

4 FOR BALLOTS. 

5 Section 301(a) of the Help America Vote Act of 2002 

6 (52 U.S.C. 21081(a)) is amended by adding at the end 

7 the following new paragraph: 

8 ‘‘(7) DURABILITY AND READABILITY REQUIRE9 MENTS FOR BALLOTS.— 

10 ‘‘(A) DURABILITY REQUIREMENTS FOR

11 PAPER BALLOTS.— 

12 ‘‘(i) IN GENERAL.—All voter-verifiable 

13 paper ballots required to be used under 

14 this Act shall be marked or printed on du15 rable paper. 

16 ‘‘(ii) DEFINITION.—For purposes of 

17 this Act, paper is ‘durable’ if it is capable 

18 of withstanding multiple counts and re19 counts by hand without compromising the 

20 fundamental integrity of the ballots, and 

21 capable of retaining the information 

22 marked or printed on them for the full du23 ration of a retention and preservation pe24 riod of 22 months. 


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1 ‘‘(B) READABILITY REQUIREMENTS FOR

2 PAPER BALLOTS MARKED BY BALLOT MARKING

3 DEVICE.—All voter-verifiable paper ballots com4 pleted by the voter through the use of a ballot 

5 marking device shall be clearly readable by the 

6 voter without assistance (other than eyeglasses 

7 or other personal vision enhancing devices) and 

8 by a ballot tabulation device or other device 

9 equipped for individuals with disabilities.’’. 

10 SEC. 105. PAPER BALLOT PRINTING REQUIREMENTS. 

11 (a) REQUIRING PAPER BALLOTS TO BE PRINTED ON

12 RECYCLED PAPER MANUFACTURED IN UNITED

13 STATES.—Section 301(a) of the Help America Vote Act 

14 of 2002 (52 U.S.C. 21081(a)), as amended by section 104, 

15 is amended by adding at the end the following new para16 graph: 

17 ‘‘(8) PRINTING REQUIREMENTS FOR BAL18 LOTS.— 

19 ‘‘(A) IN GENERAL.—All paper ballots used 

20 in an election for Federal office shall be printed 

21 in the United States on recycled paper manu22 factured in the United States. 

23 ‘‘(B) EXCEPTION.—If a State or jurisdic24 tion that certifies to the Commission that some 

25 or all of the ballot marking devices or ballot 


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1 tabulation devices used in the State or jurisdic2 tion in Federal elections cannot process or re3 tain ballots printed on recycled paper, subpara4 graph (A) shall be applied to such State or ju5 risdiction without regard to whether the ballot 

6 is printed on recycled paper for any election for 

7 Federal office during the period beginning on 

8 the date that is 60 days after such certification 

9 is made and ending on the first date on which 

10 the State or jurisdiction replaces such ballot 

11 marking devices or ballot tabulation devices.’’. 

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

13 subsection (a) shall apply with respect to elections occur14 ring on or after January 1, 2021. 

15 SEC. 106. UPDATED STUDY AND REPORT ON OPTIMAL BAL16 LOT DESIGN. 

17 (a) STUDY.—The Election Assistance Commission 

18 shall update any studies conducted on ballot designs under 

19 section 241 of the Help America Vote Act of 2002 (52 

20 U.S.C. 20981). The updated study shall include— 

21 (1) designs for paper ballots and electronic or 

22 digital ballots, including designs for user interfaces 

23 the primary purpose of which is to assist in the cast24 ing of electronic or digital ballots; and 


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1 (2) designs to minimize confusion and user er2 rors. 

3 (b) REPORT.—Not later than January 1, 2020, the 

4 Commission shall submit the report required to be sub5 mitted under section 241(c) of the Help America Vote Act 

6 of 2002 (52 U.S.C. 20981(c)) on the study conducted 

7 under subsection (a). 

8 SEC. 107. EFFECTIVE DATE FOR NEW REQUIREMENTS. 

9 Section 301(d) of the Help America Vote Act of 2002 

10 (52 U.S.C. 21081(d)) is amended to read as follows: 

11 ‘‘(d) EFFECTIVE DATE.— 

12 ‘‘(1) IN GENERAL.—Except as provided in para13 graph (2), each State and jurisdiction shall be re14 quired to comply with the requirements of this sec15 tion on and after January 1, 2006. 

16 ‘‘(2) SPECIAL RULE FOR CERTAIN REQUIRE17 MENTS.— 

18 ‘‘(A) IN GENERAL.—Except as provided in 

19 section 105(b) of the Securing America’s Fed20 eral Elections Act, clauses (ii)(II) and (iii) of 

21 subsection (a)(3)(B), and subparagraphs (B) 

22 and (C), the requirements of this section which 

23 are first imposed on a State and jurisdiction 

24 pursuant to the amendments made by the Voter 

25 Confidence and Increased Accessibility Act of 


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1 2019 shall apply with respect to voting systems 

2 used for any election for Federal office held in 

3 2020 or any succeeding year. 

4 ‘‘(B) DELAY FOR JURISDICTIONS USING

5 CERTAIN PAPER RECORD PRINTERS OR CERTAIN

6 SYSTEMS USING OR PRODUCING VOTER7 VERIFIABLE PAPER RECORDS IN 2018.— 

8 ‘‘(i) DELAY.—In the case of a juris9 diction described in clause (ii), subpara10 graph (A) shall apply to a voting system in 

11 the jurisdiction as if the reference in such 

12 subparagraph to ‘2020’ were a reference to 

13 ‘2022’, but only with respect to the fol14 lowing requirements of this section: 

15 ‘‘(I) Paragraph (2)(A)(i)(I) or 

16 (II) of subsection (a) (relating to the 

17 use of voter-verifiable paper ballots). 

18 ‘‘(II) Paragraph (7) of subsection 

19 (a) (relating to durability and read20 ability requirements for ballots). 

21 ‘‘(ii) JURISDICTIONS DESCRIBED.—A 

22 jurisdiction described in this clause is a ju23 risdiction— 

24 ‘‘(I) which used voter-verifiable 

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1 rect recording electronic voting ma2 chines, or which used other voting 

3 systems that used or produced paper 

4 records of the vote selections verifiable 

5 by voters but that are not in compli6 ance with paragraphs (2)(A)(i)(I), 

7 (2)(A)(i)(II), and (7) of subsection (a) 

8 (as amended or added by the Voter 

9 Confidence and Increased Accessibility 

10 Act of 2019), for the administration 

11 of the regularly scheduled general 

12 election for Federal office held in No13 vember 2018; and 

14 ‘‘(II) which will continue to use 

15 such printers or systems for the ad16 ministration of elections for Federal 

17 office held in years before 2022. 

18 ‘‘(iii) MANDATORY AVAILABILITY OF

19 PAPER BALLOTS AT POLLING PLACES

20 USING GRANDFATHERED PRINTERS AND

21 SYSTEMS.— 

22 ‘‘(I) REQUIRING BALLOTS TO BE

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1 tem described in clause (ii)(I) for the 

2 administration of elections for Federal 

3 office shall offer each individual who 

4 is eligible to cast a vote in the election 

5 at the polling place the opportunity to 

6 cast the vote using a blank paper bal7 lot which the individual may mark by 

8 hand. The official shall provide the in9 dividual with the ballot and the sup10 plies necessary to mark the ballot, and 

11 shall ensure (to the greatest extent 

12 practicable) that the waiting period 

13 for the individual to cast a vote is the 

14 lesser of 30 minutes or the average 

15 waiting period for an individual who 

16 does not agree to cast the vote using 

17 such a paper ballot under this clause. 

18 ‘‘(II) TREATMENT OF BALLOT.— 

19 Any paper ballot which is cast by an 

20 individual under this clause shall be 

21 counted and otherwise treated as a 

22 regular ballot for all purposes (includ23 ing by incorporating it into the final 

24 unofficial vote count (as defined by 

25 the State) for the precinct) and not as 


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1 a provisional ballot, unless the indi2 vidual casting the ballot would have 

3 otherwise been required to cast a pro4 visional ballot. 

5 ‘‘(III) POSTING OF NOTICE.— 

6 The appropriate election official shall 

7 ensure there is prominently displayed 

8 at each polling place a notice that de9 scribes the obligation of the official to 

10 offer individuals the opportunity to 

11 cast votes using a blank paper ballot. 

12 ‘‘(IV) TRAINING OF ELECTION

13 OFFICIALS.—The chief State election 

14 official shall ensure that election offi15 cials at polling places in the State are 

16 aware of the requirements of this 

17 clause, including the requirement to 

18 display a notice under subclause (III), 

19 and are aware that it is a violation of 

20 the requirements of this title for an 

21 election official to fail to offer an indi22 vidual the opportunity to cast a vote 

23 using a blank paper ballot. 

24 ‘‘(V) PERIOD OF APPLICA25 BILITY.—The requirements of this 


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1 clause apply only during the period in 

2 which the delay is in effect under 

3 clause (i).’’. 

4 PART 2—GRANTS TO CARRY OUT 

5 IMPROVEMENTS 

6 SEC. 111. GRANTS FOR OBTAINING COMPLIANT PAPER BAL7 LOT VOTING SYSTEMS AND CARRYING OUT 

8 VOTING SYSTEM SECURITY IMPROVEMENTS. 

9 (a) AVAILABILITY OF GRANTS.—Subtitle D of title 

10 II of the Help America Vote Act of 2002 (52 U.S.C. 

11 21001 et seq.) is amended by adding at the end the fol12 lowing new part: 

13 ‘‘PART 7—GRANTS FOR OBTAINING COMPLIANT 

14 PAPER BALLOT VOTING SYSTEMS AND CAR15 RYING OUT VOTING SYSTEM SECURITY IM16 PROVEMENTS 

17 ‘‘SEC. 297. GRANTS FOR OBTAINING COMPLIANT PAPER 

18 BALLOT VOTING SYSTEMS AND CARRYING 

19 OUT VOTING SYSTEM SECURITY IMPROVE20 MENTS. 

21 ‘‘(a) AVAILABILITY AND USE OF GRANT.—The Com22 mission shall make a grant to each eligible State— 

23 ‘‘(1) to replace a voting system— 

24 ‘‘(A) which does not meet the requirements 

25 which are first imposed on the State pursuant 


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1 to the amendments made by the Voter Con2 fidence and Increased Accessibility Act of 2019 

3 with a voting system which does meet such re4 quirements, for use in the regularly scheduled 

5 general elections for Federal office held in No6 vember 2020; or 

7 ‘‘(B) which does meet such requirements 

8 but which is not in compliance with the most 

9 recent voluntary voting system guidelines issued 

10 by the Commission prior to the regularly sched11 uled general election for Federal office held in 

12 November 2020 with another system which does 

13 meet such requirements and is in compliance 

14 with such guidelines; and 

15 ‘‘(2) to carry out voting system security im16 provements described in section 297A with respect 

17 to the regularly scheduled general elections for Fed18 eral office held in November 2020 and each suc19 ceeding election for Federal office. 

20 ‘‘(b) AMOUNT OF GRANT.—The amount of a grant 

21 made to a State under this section shall be such amount 

22 as the Commission determines to be appropriate, except 

23 that such amount may not be less than the product of 

24 $1 and the average of the number of individuals who cast 


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1 votes in any of the two most recent regularly scheduled 

2 general elections for Federal office held in the State. 

3 ‘‘(c) PRO RATA REDUCTIONS.—If the amount of 

4 funds appropriated for grants under this part is insuffi5 cient to ensure that each State receives the amount of the 

6 grant calculated under subsection (b), the Commission 

7 shall make such pro rata reductions in such amounts as 

8 may be necessary to ensure that the entire amount appro9 priated under this part is distributed to the States. 

10 ‘‘(d) SURPLUS APPROPRIATIONS.—If the amount of 

11 funds appropriated for grants authorized under section 

12 297D(a)(2) exceed the amount necessary to meet the re13 quirements of subsection (b), the Commission shall con14 sider the following in making a determination to award 

15 remaining funds to a State: 

16 ‘‘(1) The record of the State in carrying out the 

17 following with respect to the administration of elec18 tions for Federal office: 

19 ‘‘(A) Providing voting machines that are 

20 less than 10 years old. 

21 ‘‘(B) Implementing strong chain of custody 

22 procedures for the physical security of voting 

23 equipment and paper records at all stages of 

24 the process. 


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1 ‘‘(C) Conducting pre-election testing on 

2 every voting machine and ensuring that paper 

3 ballots are available wherever electronic ma4 chines are used. 

5 ‘‘(D) Maintaining offline backups of voter 

6 registration lists. 

7 ‘‘(E) Providing a secure voter registration 

8 database that logs requests submitted to the 

9 database. 

10 ‘‘(F) Publishing and enforcing a policy de11 tailing use limitations and security safeguards 

12 to protect the personal information of voters in 

13 the voter registration process. 

14 ‘‘(G) Providing secure processes and proce15 dures for reporting vote tallies. 

16 ‘‘(H) Providing a secure platform for dis17 seminating vote totals. 

18 ‘‘(2) Evidence of established conditions of inno19 vation and reform in providing voting system secu20 rity and the proposed plan of the State for imple21 menting additional conditions. 

22 ‘‘(3) Evidence of collaboration between relevant 

23 stakeholders, including local election officials, in de24 veloping the grant implementation plan described in 

25 section 297B. 


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1 ‘‘(4) The plan of the State to conduct a rig2 orous evaluation of the effectiveness of the activities 

3 carried out with the grant. 

4 ‘‘(e) ABILITY OF REPLACEMENT SYSTEMS TO AD5 MINISTER RANKED CHOICE ELECTIONS.—To the greatest 

6 extent practicable, an eligible State which receives a grant 

7 to replace a voting system under this section shall ensure 

8 that the replacement system is capable of administering 

9 a system of ranked choice voting under which each voter 

10 shall rank the candidates for the office in the order of 

11 the voter’s preference. 

12 ‘‘SEC. 297A. VOTING SYSTEM SECURITY IMPROVEMENTS 

13 DESCRIBED. 

14 ‘‘(a) PERMITTED USES.—A voting system security 

15 improvement described in this section is any of the fol16 lowing: 

17 ‘‘(1) The acquisition of goods and services from 

18 qualified election infrastructure vendors by purchase, 

19 lease, or such other arrangements as may be appro20 priate. 

21 ‘‘(2) Cyber and risk mitigation training. 

22 ‘‘(3) A security risk and vulnerability assess23 ment of the State’s election infrastructure which is 

24 carried out by a provider of cybersecurity services 


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1 under a contract entered into between the chief 

2 State election official and the provider. 

3 ‘‘(4) The maintenance of election infrastruc4 ture, including addressing risks and vulnerabilities 

5 which are identified under either of the security risk 

6 and vulnerability assessments described in para7 graph (3), except that none of the funds provided 

8 under this part may be used to renovate or replace 

9 a building or facility which is used primarily for pur10 poses other than the administration of elections for 

11 public office. 

12 ‘‘(5) Providing increased technical support for 

13 any information technology infrastructure that the 

14 chief State election official deems to be part of the 

15 State’s election infrastructure or designates as crit16 ical to the operation of the State’s election infra17 structure. 

18 ‘‘(6) Enhancing the cybersecurity and oper19 ations of the information technology infrastructure 

20 described in paragraph (4). 

21 ‘‘(7) Enhancing the cybersecurity of voter reg22 istration systems. 

23 ‘‘(b) QUALIFIED ELECTION INFRASTRUCTURE VEN24 DORS DESCRIBED.— 


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1 ‘‘(1) IN GENERAL.—For purposes of this part, 

2 a ‘qualified election infrastructure vendor’ is any 

3 person who provides, supports, or maintains, or who 

4 seeks to provide, support, or maintain, election in5 frastructure on behalf of a State, unit of local gov6 ernment, or election agency, who meets the criteria 

7 described in paragraph (2). 

8 ‘‘(2) CRITERIA.—The criteria described in this 

9 paragraph are such criteria as the Chairman, in co10 ordination with the Secretary of Homeland Security, 

11 shall establish and publish, and shall include each of 

12 the following requirements: 

13 ‘‘(A) The vendor must be owned and con14 trolled by a citizen or permanent resident of the 

15 United States. 

16 ‘‘(B) The vendor must disclose to the 

17 Chairman and the Secretary, and to the chief 

18 State election official of any State to which the 

19 vendor provides any goods and services with 

20 funds provided under this part, of any sourcing 

21 outside the United States for parts of the elec22 tion infrastructure. 

23 ‘‘(C) The vendor agrees to ensure that the 

24 election infrastructure will be developed and 

25 maintained in a manner that is consistent with 


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1 the cybersecurity best practices issued by the 

2 Technical Guidelines Development Committee. 

3 ‘‘(D) The vendor agrees to maintain its in4 formation technology infrastructure in a man5 ner that is consistent with the cybersecurity 

6 best practices issued by the Technical Guide7 lines Development Committee. 

8 ‘‘(E) The vendor agrees to meet the re9 quirements of paragraph (3) with respect to 

10 any known or suspected cybersecurity incidents 

11 involving any of the goods and services provided 

12 by the vendor pursuant to a grant under this 

13 part. 

14 ‘‘(F) The vendor agrees to permit inde15 pendent security testing by the Commission (in 

16 accordance with section 231(a)) and by the Sec17 retary of the goods and services provided by the 

18 vendor pursuant to a grant under this part. 

19 ‘‘(3) CYBERSECURITY INCIDENT REPORTING

20 REQUIREMENTS.— 

21 ‘‘(A) IN GENERAL.—A vendor meets the 

22 requirements of this paragraph if, upon becom23 ing aware of the possibility that an election cy24 bersecurity incident has occurred involving any 


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1 of the goods and services provided by the ven2 dor pursuant to a grant under this part— 

3 ‘‘(i) the vendor promptly assesses 

4 whether or not such an incident occurred, 

5 and submits a notification meeting the re6 quirements of subparagraph (B) to the 

7 Secretary and the Chairman of the assess8 ment as soon as practicable (but in no case 

9 later than 3 days after the vendor first be10 comes aware of the possibility that the in11 cident occurred); 

12 ‘‘(ii) if the incident involves goods or 

13 services provided to an election agency, the 

14 vendor submits a notification meeting the 

15 requirements of subparagraph (B) to the 

16 agency as soon as practicable (but in no 

17 case later than 3 days after the vendor 

18 first becomes aware of the possibility that 

19 the incident occurred), and cooperates with 

20 the agency in providing any other nec21 essary notifications relating to the inci22 dent; and 

23 ‘‘(iii) the vendor provides all necessary 

24 updates to any notification submitted 

25 under clause (i) or clause (ii). 


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1 ‘‘(B) CONTENTS OF NOTIFICATIONS.— 

2 Each notification submitted under clause (i) or 

3 clause (ii) of subparagraph (A) shall contain 

4 the following information with respect to any 

5 election cybersecurity incident covered by the 

6 notification: 

7 ‘‘(i) The date, time, and time zone 

8 when the election cybersecurity incident 

9 began, if known. 

10 ‘‘(ii) The date, time, and time zone 

11 when the election cybersecurity incident 

12 was detected. 

13 ‘‘(iii) The date, time, and duration of 

14 the election cybersecurity incident. 

15 ‘‘(iv) The circumstances of the elec16 tion cybersecurity incident, including the 

17 specific election infrastructure systems be18 lieved to have been accessed and informa19 tion acquired, if any. 

20 ‘‘(v) Any planned and implemented 

21 technical measures to respond to and re22 cover from the incident. 

23 ‘‘(vi) In the case of any notification 

24 which is an update to a prior notification, 

25 any additional material information relatVerDate Sep 11 2014 21:04 Aug 01, 2019 Jkt 089200 PO 00000 Frm 00034 Fmt 6652 Sfmt 6201 E:\BILLS\S2238.IS S2238

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1 ing to the incident, including technical 

2 data, as it becomes available. 

3 ‘‘SEC. 297B. ELIGIBILITY OF STATES. 

4 ‘‘A State is eligible to receive a grant under this part 

5 if the State submits to the Commission, at such time and 

6 in such form as the Commission may require, an applica7 tion containing— 

8 ‘‘(1) a description of how the State will use the 

9 grant to carry out the activities authorized under 

10 this part; 

11 ‘‘(2) a certification and assurance that, not 

12 later than 5 years after receiving the grant, the 

13 State will carry out voting system security improve14 ments, as described in section 297A; and 

15 ‘‘(3) such other information and assurances as 

16 the Commission may require. 

17 ‘‘SEC. 297C. REPORTS TO CONGRESS. 

18 ‘‘Not later than 90 days after the end of each fiscal 

19 year, the Commission shall submit a report to the appro20 priate congressional committees, including the Committees 

21 on Homeland Security, House Administration, and the Ju22 diciary of the House of Representatives and the Commit23 tees on Homeland Security and Governmental Affairs, the 

24 Judiciary, and Rules and Administration of the Senate, 


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1 on the activities carried out with the funds provided under 

2 this part. 

3 ‘‘SEC. 297D. AUTHORIZATION OF APPROPRIATIONS. 

4 ‘‘(a) AUTHORIZATION.—There are authorized to be 

5 appropriated for grants under this part— 

6 ‘‘(1) $600,000,000 for fiscal year 2019; and 

7 ‘‘(2) $175,000,000 for each of the fiscal years 

8 2020, 2022, 2024, and 2026. 

9 ‘‘(b) CONTINUING AVAILABILITY OF AMOUNTS.—Any 

10 amounts appropriated pursuant to the authorization of 

11 this section shall remain available until expended.’’. 

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

13 of such Act is amended by adding at the end of the items 

14 relating to subtitle D of title II the following: 

‘‘PART 7—GRANTS FOR OBTAINING COMPLIANT PAPER BALLOT VOTING

SYSTEMS AND CARRYING OUT VOTING SYSTEM SECURITY IMPROVEMENTS

‘‘Sec. 297. Grants for obtaining compliant paper ballot voting systems and carrying out voting system security improvements. 

‘‘Sec. 297A. Voting system security improvements described. 

‘‘Sec. 297B. Eligibility of States. 

‘‘Sec. 297C. Reports to Congress. 

‘‘Sec. 297D. Authorization of appropriations.’’. 

15 SEC. 112. GRANTS FOR ACCESSIBLE BALLOT MARKING DE16 VICES. 

17 (a) IN GENERAL.—Subtitle D of title II of the Help 

18 America Vote Act of 2002 (52 U.S.C. 21001 et seq.), as 

19 amended by section 111(a), is amended by adding at the 

20 end the following new part: 


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1 ‘‘PART 8—FUNDING FOR ACCESSIBLE BALLOT 

2 MARKING DEVICES 

3 ‘‘SEC. 298. ACQUISITION OF ACCESSIBLE BALLOT MARKING 

4 DEVICES FOR VOTERS WITH DISABILITIES. 

5 ‘‘(a) IN GENERAL.—The Commission shall pay to 

6 States the amount of eligible accessible ballot marking de7 vice costs. 

8 ‘‘(b) ELIGIBLE ACCESSIBLE BALLOT MARKING DE9 VICE COSTS.— 

10 ‘‘(1) IN GENERAL.—For purposes of this sec11 tion, the term ‘eligible accessible ballot marking de12 vice costs’ means costs paid or incurred by a State 

13 or local government to acquire an accessible ballot 

14 marking device. 

15 ‘‘(2) ACCESSIBLE BALLOT MARKING DEVICE

16 DEFINED.—For purposes of this section, the term 

17 ‘accessible ballot marking device’ means a ballot 

18 marking device that is used by the State or local 

19 government exclusively to comply with the require20 ments of section 301(a)(3) (as applied to elections 

21 for Federal office occurring after the date that is 6 

22 years after the date of the enactment of the Secur23 ing America’s Federal Elections Act). 

24 ‘‘(c) PAYMENTS.— 

25 ‘‘(1) LIMITATIONS.— 


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1 ‘‘(A) IN GENERAL.—Except as provided in 

2 subparagraph (B), the Commission shall not 

3 pay eligible accessible ballot marking device 

4 costs with respect to more than 1 accessible bal5 lot marking device in any precinct. 

6 ‘‘(B) EXCEPTION.—The Commission may 

7 pay for more than 1 accessible ballot marking 

8 device in any precinct if the State demonstrates 

9 the need for more accessible ballot marking de10 vices in such precinct due to the number of vot11 ers with disabilities voting in such precinct com12 pared to other precincts. 

13 ‘‘(2) RULES AND PROCEDURES.—The Commis14 sion shall establish rules and procedures for submis15 sion of eligible accessible ballot marking device costs 

16 for payments under this section. 

17 ‘‘(3) INSUFFICIENT FUNDS.—In any case in 

18 which the amounts appropriated under subsection 

19 (d) are insufficient to pay all eligible accessible bal20 lot marking device costs submitted by States with 

21 respect to any Federal election, the amount of such 

22 costs paid under subsection (a) to any State shall be 

23 equal to the amount that bears the same ratio to the 

24 amount which would be paid to such State (deter25 mined without regard to this paragraph) as— 


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1 ‘‘(A) the number of individuals who voted 

2 in such Federal election in such State; bears to 

3 ‘‘(B) the total number of individuals who 

4 voted in such Federal election in all States sub5 mitting a claim for eligible accessible ballot 

6 marking device costs. 

7 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— 

8 ‘‘(1) IN GENERAL.—There is hereby authorized 

9 to be appropriated to the Commission to carry out 

10 this section $250,000,000 for fiscal years 2019 

11 through 2025. 

12 ‘‘(2) AVAILABILITY.—Any amounts appro13 priated pursuant to paragraph (1) shall remain 

14 available without fiscal year limitation until ex15 pended.’’. 

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

17 for the Help America Vote Act of 2002 (52 U.S.C. 30101 

18 et seq.), as amended by section 111(b), is amended by 

19 adding at the end of the items relating to subtitle D of 

20 title II the following: 

‘‘PART 8—FUNDING FOR ACCESSIBLE BALLOT MARKING DEVICES

‘‘Sec. 298. Acquisition of accessible ballot marking devices for voters with disabilities.’’. 

21 SEC. 113. GRANTS FOR BALLOT DESIGN AND PRINTING. 

22 (a) IN GENERAL.—Subtitle D of title II of the Help 

23 America Vote Act of 2002 (52 U.S.C. 21001 et seq.), as 


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1 amended by sections 111(a) and 112(a), is amended by 

2 adding at the end the following new part: 

3 ‘‘PART 9—FUNDING FOR BALLOT DESIGN AND 

4 PRINTING 

5 ‘‘SEC. 299. PAYMENTS FOR BALLOT DESIGN AND PRINTING. 

6 ‘‘(a) IN GENERAL.—The Commission shall pay to 

7 States the amount of eligible ballot design and printing 

8 costs. 

9 ‘‘(b) ELIGIBLE DESIGN AND PRINTING COSTS.—For 

10 purposes of this section, the term ‘eligible ballot design 

11 and printing costs’ means, with respect to any State, costs 

12 paid or incurred by the State or any local government 

13 within the State for the design and printing of any ballot 

14 that— 

15 ‘‘(1) is used in an election for Federal office oc16 curring after the date of the enactment of this part; 

17 and 

18 ‘‘(2) meets such minimum standards for 

19 usability and accessibility as established by the Com20 mission, in consultation with the Director of the Na21 tional Institute of Standards and Technology, for 

22 purposes of this section. 

23 ‘‘(c) SPECIAL RULES.— 

24 ‘‘(1) RULES AND PROCEDURES.—The Commis25 sion shall establish rules and procedures for submisVerDate Sep 11 2014 21:04 Aug 01, 2019 Jkt 089200 PO 00000 Frm 00040 Fmt 6652 Sfmt 6201 E:\BILLS\S2238.IS S2238

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1 sion of eligible ballot design and printing costs for 

2 payments under this section. 

3 ‘‘(2) INSUFFICIENT FUNDS.—In any case in 

4 which the amounts appropriated under subsection 

5 (d) are insufficient to pay all eligible ballot design 

6 and printing costs submitted by States with respect 

7 to any Federal election, the amount of such costs 

8 paid under subsection (a) to any State shall be equal 

9 to the amount that bears the same ratio to the 

10 amount which would be paid to such State (deter11 mined without regard to this paragraph) as— 

12 ‘‘(A) the number of individuals who voted 

13 in such Federal election in such State; bears to 

14 ‘‘(B) the total number of individuals who 

15 voted in such Federal election in all States sub16 mitting a claim for eligible ballot design and 

17 printing costs. 

18 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— 

19 ‘‘(1) IN GENERAL.—There is hereby authorized 

20 to be appropriated to the Commission such sums as 

21 are necessary to carry out this part. 

22 ‘‘(2) AVAILABILITY.—Any amounts appro23 priated pursuant to paragraph (1) shall remain 

24 available without fiscal year limitation until ex25 pended.’’. 


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

2 for the Help America Vote Act of 2002 (52 U.S.C. 30101 

3 et seq.), as amended by sections 111(b) and 112(b), is 

4 amended by adding at the end of the items relating to 

5 subtitle D of title II the following: 

‘‘PART 9—FUNDING FOR BALLOT DESIGN AND PRINTING

‘‘Sec. 299. Payments for ballot design and printing.’’. 

6 SEC. 114. COORDINATION OF VOTING SYSTEM SECURITY 

7 ACTIVITIES WITH USE OF REQUIREMENTS 

8 PAYMENTS AND ELECTION ADMINISTRATION 

9 REQUIREMENTS UNDER HELP AMERICA 

10 VOTE ACT OF 2002. 

11 (a) DUTIES OF ELECTION ASSISTANCE COMMIS12 SION.—Section 202 of the Help America Vote Act of 2002 

13 (52 U.S.C. 20922) is amended in the matter preceding 

14 paragraph (1) by striking ‘‘by’’ and inserting ‘‘and the se15 curity of election infrastructure by’’. 

16 (b) MEMBERSHIP OF SECRETARY OF HOMELAND SE17 CURITY ON BOARD OF ADVISORS OF ELECTION ASSIST18 ANCE COMMISSION.—Section 214(a) of such Act (52 

19 U.S.C. 20944(a)) is amended— 

20 (1) by striking ‘‘37 members’’ and inserting 

21 ‘‘38 members’’; and 

22 (2) by adding at the end the following new 

23 paragraph: 


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1 ‘‘(17) The Secretary of Homeland Security or 

2 the Secretary’s designee.’’. 

3 (c) REPRESENTATIVE OF DEPARTMENT OF HOME4 LAND SECURITY ON TECHNICAL GUIDELINES DEVELOP5 MENT COMMITTEE.—Section 221(c)(1) of such Act (52 

6 U.S.C. 20961(c)(1)) is amended— 

7 (1) by redesignating subparagraph (E) as sub8 paragraph (F); and 

9 (2) by inserting after subparagraph (D) the fol10 lowing new subparagraph: 

11 ‘‘(E) A representative of the Department 

12 of Homeland Security.’’. 

13 (d) GOALS OF PERIODIC STUDIES OF ELECTION AD14 MINISTRATION ISSUES; CONSULTATION WITH SECRETARY

15 OF HOMELAND SECURITY.—Section 241(a) of such Act 

16 (52 U.S.C. 20981(a)) is amended— 

17 (1) in the matter preceding paragraph (1), by 

18 striking ‘‘the Commission shall’’ and inserting ‘‘the 

19 Commission, in consultation with the Secretary of 

20 Homeland Security (as appropriate), shall’’; 

21 (2) by striking ‘‘and’’ at the end of paragraph 

22 (3); 

23 (3) by redesignating paragraph (4) as para24 graph (5); and 


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1 (4) by inserting after paragraph (3) the fol2 lowing new paragraph: 

3 ‘‘(4) will be secure against attempts to under4 mine the integrity of election systems by cyber or 

5 other means; and’’. 

6 (e) REQUIREMENTS PAYMENTS.— 

7 (1) USE OF PAYMENTS FOR VOTING SYSTEM

8 SECURITY IMPROVEMENTS.—Section 251(b) of such 

9 Act (52 U.S.C. 21001(b)) is amended by adding at 

10 the end the following new paragraph: 

11 ‘‘(4) PERMITTING USE OF PAYMENTS FOR VOT12 ING SYSTEM SECURITY IMPROVEMENTS.—A State 

13 may use a requirements payment to carry out any 

14 of the following activities: 

15 ‘‘(A) Cyber and risk mitigation training. 

16 ‘‘(B) Providing increased technical support 

17 for any information technology infrastructure 

18 that the chief State election official deems to be 

19 part of the State’s election infrastructure or 

20 designates as critical to the operation of the 

21 State’s election infrastructure. 

22 ‘‘(C) Enhancing the cybersecurity and op23 erations of the information technology infra24 structure described in subparagraph (B). 


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1 ‘‘(D) Enhancing the security of voter reg2 istration databases.’’. 

3 (2) INCORPORATION OF ELECTION INFRA4 STRUCTURE PROTECTION IN STATE PLANS FOR USE

5 OF PAYMENTS.—Section 254(a)(1) of such Act (52 

6 U.S.C. 21004(a)(1)) is amended by striking the pe7 riod at the end and inserting ‘‘, including the protec8 tion of election infrastructure.’’. 

9 (3) COMPOSITION OF COMMITTEE RESPONSIBLE

10 FOR DEVELOPING STATE PLAN FOR USE OF PAY11 MENTS.—Section 255 of such Act (52 U.S.C. 

12 21005) is amended— 

13 (A) by redesignating subsection (b) as sub14 section (c); and 

15 (B) by inserting after subsection (a) the 

16 following new subsection: 

17 ‘‘(b) GEOGRAPHIC REPRESENTATION.—The mem18 bers of the committee shall be a representative group of 

19 individuals from the State’s counties, cities, towns, and 

20 Indian tribes, and shall represent the needs of rural as 

21 well as urban areas of the State, as the case may be.’’. 

22 (f) ENSURING PROTECTION OF COMPUTERIZED

23 STATEWIDE VOTER REGISTRATION LIST.—Section 

24 303(a)(3) of such Act (52 U.S.C. 21083(a)(3)) is amend25 ed by striking the period at the end and inserting ‘‘, as 


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1 well as other measures to prevent and deter cybersecurity 

2 incidents, as identified by the Commission, the Secretary 

3 of Homeland Security, and the Technical Guidelines De4 velopment Committee.’’. 

5 SEC. 115. INCORPORATION OF DEFINITIONS. 

6 (a) IN GENERAL.—Section 901 of the Help America 

7 Vote Act of 2002 (52 U.S.C. 21141) is amended to read 

8 as follows: 

9 ‘‘SEC. 901. DEFINITIONS. 

10 ‘‘In this Act, the following definitions apply: 

11 ‘‘(1) The term ‘cybersecurity incident’ has the 

12 meaning given the term ‘incident’ in section 227 of 

13 the Homeland Security Act of 2002 (6 U.S.C. 659). 

14 ‘‘(2) The term ‘election agency’ means any com15 ponent of a State, or any component of a unit of 

16 local government in a State, which is responsible for 

17 the administration of elections for Federal office in 

18 the State. 

19 ‘‘(3) The term ‘election infrastructure’ means 

20 storage facilities, polling places, and centralized vote 

21 tabulation locations used to support the administra22 tion of elections for public office, as well as related 

23 information and communications technology (includ24 ing the technology used by or on behalf of election 

25 officials to produce and distribute voter guides to 


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1 elections), including voter registration databases, 

2 voting machines, electronic mail and other commu3 nications systems (including electronic mail and 

4 other systems of vendors who have entered into con5 tracts with election agencies to support the adminis6 tration of elections, manage the election process, and 

7 report and display election results), and other sys8 tems used to manage the election process and to re9 port and display election results on behalf of an elec10 tion agency. 

11 ‘‘(4) The term ‘State’ means each of the several 

12 States, the District of Columbia, the Commonwealth 

13 of Puerto Rico, Guam, American Samoa, the United 

14 States Virgin Islands, and the Commonwealth of the 

15 Northern Mariana Islands.’’. 

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

17 of such Act is amended by amending the item relating to 

18 section 901 to read as follows: 

‘‘Sec. 901. Definitions.’’. 

19 Subtitle B—Risk-Limiting Audits 

20 SEC. 121. RISK-LIMITING AUDITS. 

21 (a) IN GENERAL.—Title III of the Help America 

22 Vote Act of 2002 (52 U.S.C. 21081 et seq.) is amended 

23 by inserting after section 303 the following new section: 

24 ‘‘SEC. 303A. RISK-LIMITING AUDITS. 

25 ‘‘(a) DEFINITIONS.—In this section: 


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1 ‘‘(1) RISK-LIMITING AUDIT.—The term ‘risk2 limiting audit’ means, with respect to any election 

3 contest, a post-election process that— 

4 ‘‘(A) has a probability of at least 95 per5 cent of correcting the reported outcome if the 

6 reported outcome is not the correct outcome; 

7 ‘‘(B) will not change the outcome if the re8 ported outcome is the correct outcome; and 

9 ‘‘(C) involves a manual adjudication of 

10 voter intent from some or all of the ballots val11 idly cast in the election contest. 

12 ‘‘(2) REPORTED OUTCOME; CORRECT OUTCOME; 

13 OUTCOME.— 

14 ‘‘(A) REPORTED OUTCOME.—The term ‘re15 ported outcome’ means the outcome of an elec16 tion contest which is determined according to 

17 the canvass and which will become the official, 

18 certified outcome unless it is revised by an 

19 audit, recount, or other legal process. 

20 ‘‘(B) CORRECT OUTCOME.—The term ‘cor21 rect outcome’ means the outcome that would be 

22 determined by a manual adjudication of voter 

23 intent for all votes validly cast in the election 

24 contest. 


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1 ‘‘(C) OUTCOME.—The term ‘outcome’ 

2 means the winner or set of winners of an elec3 tion contest. 

4 ‘‘(3) MANUAL ADJUDICATION OF VOTER IN5 TENT.—The term ‘manual adjudication of voter in6 tent’ means direct inspection and determination by 

7 humans, without assistance from electronic or me8 chanical tabulation devices, of the ballot choices 

9 marked by voters on each voter-verifiable paper 

10 record. 

11 ‘‘(4) BALLOT MANIFEST.—The term ‘ballot 

12 manifest’ means a record maintained by each juris13 diction that— 

14 ‘‘(A) is created without reliance on any 

15 part of the voting system used to tabulate 

16 votes; 

17 ‘‘(B) functions as a sampling frame for 

18 conducting a risk-limiting audit; and 

19 ‘‘(C) accounts for all ballots validly cast re20 gardless of how they were tabulated and in21 cludes a precise description of the manner in 

22 which the ballots are physically stored, includ23 ing the total number of physical groups of bal24 lots, the numbering system for each group, a 


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1 unique label for each group, and the number of 

2 ballots in each such group. 

3 ‘‘(b) REQUIREMENTS.— 

4 ‘‘(1) IN GENERAL.— 

5 ‘‘(A) AUDITS.— 

6 ‘‘(i) IN GENERAL.—Each State and 

7 jurisdiction shall administer risk-limiting 

8 audits of the results of all election contests 

9 for Federal office held in the State in ac10 cordance with the requirements of para11 graph (2). 

12 ‘‘(ii) EXCEPTION.—Clause (i) shall 

13 not apply to any election contest for which 

14 the State or jurisdiction conducts a full re15 count through a manual adjudication of 

16 voter intent. 

17 ‘‘(B) FULL MANUAL TABULATION.—If a 

18 risk-limiting audit conducted under subpara19 graph (A) corrects the reported outcome of an 

20 election contest, the State or jurisdiction shall 

21 use the results of the manual adjudication of 

22 voter intent conducted as part of the risk-lim23 iting audit as the official results of the election 

24 contest. 

25 ‘‘(2) AUDIT REQUIREMENTS.— 


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1 ‘‘(A) RULES AND PROCEDURES.— 

2 ‘‘(i) IN GENERAL.—Not later than 1 

3 year after the date of the enactment of this 

4 section, the chief State election official of 

5 the State shall establish rules and proce6 dures for conducting risk-limiting audits. 

7 ‘‘(ii) MATTERS INCLUDED.—The rules 

8 and procedures established under clause (i) 

9 shall include the following: 

10 ‘‘(I) Rules and procedures for en11 suring the security of ballots and doc12 umenting that prescribed procedures 

13 were followed. 

14 ‘‘(II) Rules and procedures for 

15 ensuring the accuracy of ballot mani16 fests produced by jurisdictions. 

17 ‘‘(III) Rules and procedures for 

18 governing the format of ballot mani19 fests and other data involved in risk20 limiting audits. 

21 ‘‘(IV) Methods to ensure that 

22 any cast vote records used in a risk23 limiting audit are those used by the 

24 voting system to tally the results of 

25 the election contest sent to the chief 


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1 State election official of the State and 

2 made public. 

3 ‘‘(V) Rules and procedures for 

4 the random selection of ballots to be 

5 inspected manually during each audit. 

6 ‘‘(VI) Rules and procedures for 

7 the calculations and other methods to 

8 be used in the audit and to determine 

9 whether and when the audit of each 

10 election contest is complete. 

11 ‘‘(VII) Rules and procedures for 

12 testing any software used to conduct 

13 risk-limiting audits. 

14 ‘‘(B) PUBLIC REPORT.— 

15 ‘‘(i) IN GENERAL.—After the comple16 tion of the risk-limiting audit and at least 

17 5 days before the election contest is cer18 tified by the State, the State shall make 

19 public and submit to the Commission a re20 port on the results of the audit, together 

21 with such information as necessary to con22 firm that the audit was conducted prop23 erly. 

24 ‘‘(ii) FORMAT OF DATA.—All data 

25 published with the report under clause (i) 


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1 shall be published in machine-readable, 

2 open data formats. 

3 ‘‘(iii) PROTECTION OF ANONYMITY OF

4 VOTES.—Information and data published 

5 by the State under this subparagraph shall 

6 not compromise the anonymity of votes. 

7 ‘‘(iv) REPORT MADE AVAILABLE BY

8 COMMISSION.—After receiving any report 

9 submitted under clause (i), the Commis10 sion shall make such report available on its 

11 website. 

12 ‘‘(c) EFFECTIVE DATE.— 

13 ‘‘(1) IN GENERAL.—Each State and jurisdiction 

14 shall be required to comply with the requirements of 

15 this section for the first regularly scheduled election 

16 for Federal office held more than 1 year after the 

17 date of the enactment of the Securing America’s 

18 Federal Elections Act and for each subsequent elec19 tion for Federal office. 

20 ‘‘(2) WAIVER.—If a State or jurisdiction cer21 tifies to Commission not later than 1 year after the 

22 date of the enactment of the Securing America’s 

23 Federal Elections Act that the State or jurisdiction 

24 will not meet the deadline described in paragraph 

25 (1) for good cause and includes in the certification 


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1 a reason for the inability to meet such deadline, 

2 paragraph (1) shall be applied by as if the reference 

3 in such paragraph to ‘1 year’ were a reference to ‘3 

4 years’.’’. 

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

6 for such Act is amended by inserting after the item relat7 ing to section 303 the following new item: 

‘‘Sec. 303A. Risk-limiting audits.’’. 

8 SEC. 122. FUNDING FOR CONDUCTING POST-ELECTION 

9 RISK-LIMITING AUDITS. 

10 (a) PAYMENTS TO STATES.—Subtitle D of title II of 

11 the Help America Vote Act of 2002 (52 U.S.C. 21001 et 

12 seq.), as amended by sections 111(a), 112(a), and 113(a), 

13 is amended by adding at the end the following new part: 

14 ‘‘PART 10—FUNDING FOR POST-ELECTION RISK15 LIMITING AUDITS 

16 ‘‘SEC. 299A. PAYMENTS FOR POST-ELECTION RISK-LIM17 ITING AUDITS. 

18 ‘‘(a) IN GENERAL.—The Commission shall pay to 

19 States the amount of eligible post-election audit costs. 

20 ‘‘(b) ELIGIBLE POST-ELECTION AUDIT COSTS.—For 

21 purposes of this section, the term ‘eligible post-election 

22 audit costs’ means, with respect to any State, costs paid 

23 or incurred by the State or local government within the 

24 State for— 


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1 ‘‘(1) the conduct of any risk-limiting audit (as 

2 defined in section 303A) with respect to an election 

3 for Federal office occurring after the date of the en4 actment of this part; and 

5 ‘‘(2) any equipment, software, personnel, or 

6 services necessary for the conduct of any such risk7 limiting audit. 

8 ‘‘(c) SPECIAL RULES.— 

9 ‘‘(1) RULES AND PROCEDURES.—The Commis10 sion shall establish rules and procedures for submis11 sion of eligible post-election audit costs for payments 

12 under this section. 

13 ‘‘(2) INSUFFICIENT FUNDS.—In any case in 

14 which the amounts appropriated under subsection 

15 (d) are insufficient to pay all eligible post-election 

16 audit costs submitted by States with respect to any 

17 Federal election, the amount of such costs paid 

18 under subsection (a) to any State shall be equal to 

19 the amount that bears the same ratio to the amount 

20 which would be paid to such State (determined with21 out regard to this paragraph) as— 

22 ‘‘(A) the number of individuals who voted 

23 in such Federal election in such State; bears to 

24 ‘‘(B) the total number of individuals who 

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1 mitting a claim for eligible post-election audit 

2 costs. 

3 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— 

4 ‘‘(1) IN GENERAL.—There is hereby authorized 

5 to be appropriated to the Commission such sums as 

6 are necessary to carry out this part. 

7 ‘‘(2) AVAILABILITY.—Any amounts appro8 priated pursuant to paragraph (1) shall remain 

9 available without fiscal year limitation until ex10 pended.’’. 

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

12 of such Act, as amended by sections 111(b), 112(b), and 

13 113(b), is further amended by adding at the end of the 

14 items relating to subtitle D of title II the following: 

‘‘PART 10—FUNDING FOR POST-ELECTION RISK-LIMITING AUDITS

‘‘Sec. 299A. Payments for post-election risk-limiting audits.’’. 

15 SEC. 123. GAO ANALYSIS OF EFFECTS OF AUDITS. 

16 (a) ANALYSIS.—Not later than 6 months after the 

17 first elections for Federal office is held for which States 

18 must conduct risk-limiting audits under section 303A of 

19 the Help America Vote Act of 2002 (as added by section 

20 121), the Comptroller General of the United States shall 

21 conduct an analysis of the extent to which such audits 

22 have improved the administration of such elections and the 

23 security of election infrastructure in the States receiving 

24 such grants. 


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1 (b) REPORT.—The Comptroller General of the 

2 United States shall submit a report on the analysis con3 ducted under subsection (a) to the Committee on House 

4 Administration of the House of Representatives and the 

5 Committee on Rules and Administration of the Senate. 

6 TITLE II—PROMOTING CYBERSE7 CURITY THROUGH IMPROVE8 MENTS IN ELECTION ADMIN9 ISTRATION 

10 SEC. 201. CYBERSECURITY REQUIREMENTS FOR AND TEST11 ING AND CERTIFICATION OF VOTING SYS12 TEMS. 

13 (a) IN GENERAL.—Subtitle A of title XXII of the 

14 Homeland Security Act of 2002 (6 U.S.C. 651 et seq.) 

15 is amended by adding at the end the following: 

16 ‘‘SEC. 2215. MANDATORY CYBERSECURITY REQUIREMENTS 

17 FOR SYSTEMS USED IN FEDERAL ELECTIONS. 

18 ‘‘Not later than 180 days after the date of enactment 

19 of Securing America’s Federal Elections Act, the Sec20 retary, acting through the Director and in consultation 

21 with the Director of the National Institute of Standards 

22 and Technology and the Technical Guidelines Develop23 ment Committee established under section 221 of the Help 

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1 lish mandatory cybersecurity standards for the use in Fed2 eral elections of the following: 

3 ‘‘(1) Ballot tabulation devices (within the mean4 ing of section 301(a)(9) of the Help America Vote 

5 Act of 2002). 

6 ‘‘(2) Ballot marking devices (within the mean7 ing of section 301(a)(12) of such Act). 

8 ‘‘(3) Election management systems, including 

9 those systems used— 

10 ‘‘(A) to configure ballot tabulation devices 

11 and ballot marking devices; 

12 ‘‘(B) to aggregate election results; and 

13 ‘‘(C) to design paper ballots. 

14 ‘‘(4) Electronic poll books; 

15 ‘‘(5) Any government database, website, or as16 sociated information system used by voters or gov17 ernment agencies for voter registration (including 

18 the management of voter registration status). 

19 ‘‘(6) Systems used to deliver or publish election 

20 results. 

21 ‘‘(7) Such other components of voting systems 

22 (as defined in section 301(b) of such Act) as is de23 termined appropriate by the Director. 


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1 ‘‘SEC. 2216. TESTING AND CERTIFICATION OF BALLOT 

2 MARKING AND BALLOT TABULATION DEVICE 

3 CYBERSECURITY. 

4 ‘‘(a) IN GENERAL.—Any State or jurisdiction which 

5 intends to use a ballot marking device or a ballot tabula6 tion device in an election for Federal office may submit 

7 an application to the Director for cybersecurity testing 

8 and certification of the hardware and software of such de9 vice under this section. 

10 ‘‘(b) APPLICATION, ASSIGNMENT, AND TESTING.— 

11 ‘‘(1) ASSIGNMENT.— 

12 ‘‘(A) IN GENERAL.—Upon receipt of an 

13 application for testing under this section, the 

14 Director, in consultation with the Director of 

15 the National Institute of Standards and Tech16 nology, shall contract with a qualified labora17 tory for the testing of whether— 

18 ‘‘(i) in the case of a ballot tabulation 

19 device intended to be used by the State or 

20 jurisdiction, the device meets the require21 ments of section 301(a)(9)(B) of the Help 

22 America Vote Act of 2002; and 

23 ‘‘(ii) in the case of a ballot marking 

24 device intended to be used by the State or 

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1 ments of section 301(a)(12)(A) of such 

2 Act. 

3 ‘‘(B) OPTIONAL TESTING OF STATE RE4 QUIREMENTS.—In the case of a ballot marking 

5 device or ballot tabulation device for which the 

6 source code has been published under an open 

7 source license, the contract under subparagraph 

8 (A) shall also include, at the request of any 

9 State or jurisdiction, testing of whether such 

10 device meets any applicable requirements of the 

11 State or jurisdiction. 

12 ‘‘(2) REQUIREMENTS FOR TESTING.—Any con13 tract described in paragraph (1) shall require the 

14 qualified research laboratory to— 

15 ‘‘(A) not later than 30 days before testing 

16 begins, submit to the Director for approval the 

17 protocol for the simulated election scenario used 

18 for testing the security of the ballot marking 

19 device or ballot tabulation device, as the case 

20 may be; 

21 ‘‘(B) use only protocols approved by the 

22 Director in conducting such security testing; 

23 and 

24 ‘‘(C) submit to the Director a report on 

25 the results of the security testing. 


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1 ‘‘(3) QUALIFIED RESEARCH LABORATORY.—For 

2 purposes of this section, the term ‘qualified research 

3 laboratory’ means a laboratory accredited under this 

4 subsection by the Director, in consultation with the 

5 Director of the National Institute of Standards and 

6 Technology. 

7 ‘‘(c) REPORTING AND CERTIFICATION.—The Direc8 tor shall— 

9 ‘‘(1) publish on the website of the Cybersecurity 

10 and Infrastructure Security Agency the results of 

11 the testing conducted under subsection (b); and 

12 ‘‘(2) certify— 

13 ‘‘(A) a ballot tabulation device if the ballot 

14 tabulation device is determined by the qualified 

15 research laboratory to meet the requirements of 

16 section 301(a)(9)(B) of the Help America Vote 

17 Act of 2002; and 

18 ‘‘(B) a ballot marking device if the ballot 

19 marking device is determined by the qualified 

20 research laboratory to meet the requirements of 

21 section 301(a)(12)(A) of such Act. 

22 ‘‘(d) PROHIBITION ON FEES.—The Director may not 

23 charge any fee to a State or jurisdiction, a developer or 

24 manufacturer of a ballot marking device or ballot tabula25 tion device, or any other person in connection with testing 


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1 and certification under this section (including any testing 

2 conducted under subsection (b)(1)(B)).’’. 

3 (b) CONFORMING AMENDMENT.—The table of con4 tents in section 1(b) of the Homeland Security Act of 

5 2002 (Public Law 107–296; 116 Stat. 2135) is amended 

6 by inserting after the item relating to section 2214 the 

7 following: 

‘‘Sec. 2215. Mandatory cybersecurity requirements for systems used in Federal 

elections. 

‘‘Sec. 2216. Testing and certification of ballot marking and ballot tabulation 

device cybersecurity.’’. 

8 SEC. 202. VOTING SYSTEM CYBERSECURITY REQUIRE9 MENTS. 

10 (a) BALLOT TABULATION DEVICES.—Section 301(a) 

11 of the Help America Vote Act of 2002 (52 U.S.C. 

12 21081(a)), as amended by section 104 and section 105, 

13 is further amended by adding at the end the following new 

14 paragraph: 

15 ‘‘(9) BALLOT TABULATION METHODS.— 

16 ‘‘(A) IN GENERAL.—The voting system 

17 tabulates ballots by hand or through the use of 

18 a ballot tabulation device that meets the re19 quirements of subparagraph (B). 

20 ‘‘(B) REQUIREMENTS FOR BALLOT TAB21 ULATION DEVICES.—Except as provided in sub22 paragraph (C), the requirements of this sub23 paragraph are as follows: 


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1 ‘‘(i) The device is designed and built 

2 in a manner in which it is mechanically im3 possible for the device to add or change the 

4 vote selections on a printed or marked bal5 lot. 

6 ‘‘(ii) The device is capable of export7 ing its data (including vote tally data sets 

8 and cast vote records) in a machine-read9 able, open data standard format required 

10 by the Commission, in consultation with 

11 the Director of the National Institute of 

12 Standards and Technology. 

13 ‘‘(iii) The device consists of hardware 

14 that— 

15 ‘‘(I) is certified under section 

16 2216 of the Homeland Security Act; 

17 and 

18 ‘‘(II) demonstrably conforms to a 

19 hardware component manifest describ20 ing point-of-origin information (in21 cluding upstream hardware supply 

22 chain information for each compo23 nent) that— 

24 ‘‘(aa) has been provided to 

25 the Commission, the Director of 


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1 Cybersecurity and Infrastructure 

2 Security, and the chief State 

3 election official for each State in 

4 which the device is used; and 

5 ‘‘(bb) may be shared by any 

6 entity to whom it has been pro7 vided under item (aa) with inde8 pendent experts for cybersecurity 

9 analysis. 

10 ‘‘(iv) The device utilizes technology 

11 that prevents the operation of the device if 

12 any hardware components do not meet the 

13 requirements of clause (iii). 

14 ‘‘(v) The device operates using soft15 ware— 

16 ‘‘(I) that is certified under sec17 tion 2216 of the Homeland Security 

18 Act; and 

19 ‘‘(II) for which the source code, 

20 system build tools, and compilation 

21 parameters— 

22 ‘‘(aa) have been provided to 

23 the Commission, the Director of 

24 Cybersecurity and Infrastructure 

25 Security, and the chief State 


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1 election official for each State in 

2 which the device is used; and 

3 ‘‘(bb) may be shared by any 

4 entity to whom it has been pro5 vided under item (aa) with inde6 pendent experts for cybersecurity 

7 analysis. 

8 ‘‘(vi) The device utilizes technology 

9 that prevents the running of software on 

10 the device that does not meet the require11 ments of clause (v). 

12 ‘‘(vii) The device utilizes technology 

13 that enables election officials, cybersecurity 

14 researchers, and voters to verify that the 

15 software running on the device— 

16 ‘‘(I) was built from a specific, 

17 untampered version of the code that is 

18 described in clause (v); and 

19 ‘‘(II) uses the system build tools 

20 and compilation parameters that are 

21 described in clause (v). 

22 ‘‘(viii) The device contains such other 

23 security requirements as established by the 

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1 rector of the National Institute of Stand2 ards and Technology and the Technical 

3 Guidelines Development Committee. 

4 ‘‘(C) WAIVER.— 

5 ‘‘(i) IN GENERAL.—The Director of 

6 Cybersecurity and Infrastructure Security, 

7 in consultation with the Director of the 

8 National Institute of Standards and Tech9 nology, may waive one or more of the re10 quirements of subparagraph (B) (other 

11 than the requirement of clause (i) thereof) 

12 with respect to any device for a period of 

13 not to exceed 2 years. 

14 ‘‘(ii) PUBLICATION.—Information re15 lating to any waiver granted under clause 

16 (i) shall be made publicly available on the 

17 internet. 

18 ‘‘(D) EFFECTIVE DATE.—Each State and 

19 jurisdiction shall be required to comply with the 

20 requirements of this paragraph for the regularly 

21 scheduled election for Federal office in Novem22 ber 2024, and for each subsequent election for 

23 Federal office.’’. 

24 (b) OTHER CYBERSECURITY REQUIREMENTS.—Sec25 tion 301(a) of such Act (52 U.S.C. 21081(a)), as amended 


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1 by section 104, section 105, and subsection (a), is further 

2 amended by adding at the end the following new para3 graphs: 

4 ‘‘(10) PROHIBITION OF USE OF WIRELESS COM5 MUNICATIONS DEVICES IN SYSTEMS OR DEVICES.— 

6 ‘‘(A) IN GENERAL.—No system or device 

7 upon which ballot marking devices or ballot tab8 ulation devices are configured, upon which bal9 lots are marked by voters (except as necessary 

10 for individuals with disabilities to use ballot 

11 marking devices that meet the accessibility re12 quirements of paragraph (3)), or upon which 

13 votes are cast, tabulated, or aggregated shall 

14 contain, use, or be accessible by any wireless, 

15 power-line, or concealed communication device. 

16 ‘‘(B) EFFECTIVE DATE.—Each State and 

17 jurisdiction shall be required to comply with the 

18 requirements of this paragraph for the regularly 

19 scheduled election for Federal office in Novem20 ber 2020, and for each subsequent election for 

21 Federal office. 

22 ‘‘(11) PROHIBITING CONNECTION OF SYSTEM

23 TO THE INTERNET.— 

24 ‘‘(A) IN GENERAL.—No system or device 

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1 ulation devices are configured, upon which bal2 lots are marked by voters, or upon which votes 

3 are cast, tabulated, or aggregated shall be con4 nected to the internet or any non-local com5 puter system via telephone or other communica6 tion network at any time. 

7 ‘‘(B) EFFECTIVE DATE.—Each State and 

8 jurisdiction shall be required to comply with the 

9 requirements of this paragraph for the regularly 

10 scheduled election for Federal office in Novem11 ber 2020, and for each subsequent election for 

12 Federal office.’’. 

13 (c) BALLOT MARKING DEVICES.—Section 301(a) of 

14 such Act (52 U.S.C. 21081(a)), as amended by section 

15 104, section 105, and subsections (a) and (b), is further 

16 amended by adding at the end the following new para17 graph: 

18 ‘‘(12) BALLOT MARKING DEVICES.— 

19 ‘‘(A) IN GENERAL.—In the case of a voting 

20 system that uses a ballot marking device, the 

21 ballot marking device shall be a device that— 

22 ‘‘(i) is not capable of tabulating votes; 

23 and 

24 ‘‘(ii) is certified under section 2216 of 

25 the Homeland Security Act as meeting the 


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1 requirements of clauses (iii) through (viii) 

2 of section 301(a)(9)(B). 

3 ‘‘(B) EFFECTIVE DATE.—Each State and 

4 jurisdiction shall be required to comply with the 

5 requirements of this paragraph for the regularly 

6 scheduled election for Federal office in Novem7 ber 2022, and for each subsequent election for 

8 Federal office.’’. 

9 SEC. 203. TESTING OF EXISTING VOTING SYSTEMS TO EN10 SURE COMPLIANCE WITH ELECTION CYBER11 SECURITY GUIDELINES AND OTHER GUIDE12 LINES. 

13 (a) REQUIRING TESTING OF EXISTING VOTING SYS14 TEMS.— 

15 (1) IN GENERAL.—Section 231(a) of the Help 

16 America Vote Act of 2002 (52 U.S.C. 20971(a)) is 

17 amended by adding at the end the following new 

18 paragraph: 

19 ‘‘(3) TESTING TO ENSURE COMPLIANCE WITH

20 GUIDELINES.— 

21 ‘‘(A) TESTING.—Not later than 9 months 

22 before the date of each regularly scheduled gen23 eral election for Federal office, the Commission 

24 shall provide for the testing by accredited lab25 oratories under this section of the voting system 


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1 hardware and software which was certified for 

2 use in the most recent such election, on the 

3 basis of the most recent voting system guide4 lines applicable to such hardware or software 

5 (including election cybersecurity guidelines) 

6 issued under this Act. 

7 ‘‘(B) DECERTIFICATION OF HARDWARE OR

8 SOFTWARE FAILING TO MEET GUIDELINES.—If, 

9 on the basis of the testing described in subpara10 graph (A), the Commission determines that any 

11 voting system hardware or software does not 

12 meet the most recent guidelines applicable to 

13 such hardware or software issued under this 

14 Act, the Commission shall decertify such hard15 ware or software.’’. 

16 (2) EFFECTIVE DATE.—The amendment made 

17 by paragraph (1) shall apply with respect to the reg18 ularly scheduled general election for Federal office 

19 held in November 2020 and each succeeding regu20 larly scheduled general election for Federal office. 

21 (b) ISSUANCE OF CYBERSECURITY GUIDELINES BY

22 TECHNICAL GUIDELINES DEVELOPMENT COMMITTEE.— 

23 Section 221(b) of the Help America Vote Act of 2002 (52 

24 U.S.C. 20961(b)) is amended by adding at the end the 

25 following new paragraph: 


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1 ‘‘(3) ELECTION CYBERSECURITY GUIDE2 LINES.—Not later than 6 months after the date of 

3 the enactment of the Securing America’s Federal 

4 Elections Act, the Development Committee shall 

5 issue election cybersecurity guidelines, including 

6 standards and best practices for procuring, main7 taining, testing, operating, and updating election 

8 systems to prevent and deter cybersecurity inci9 dents.’’. 

10 SEC. 204. REQUIRING USE OF SOFTWARE AND HARDWARE 

11 FOR WHICH INFORMATION IS DISCLOSED BY 

12 MANUFACTURER. 

13 (a) REQUIREMENT.—Section 301(a) of the Help 

14 America Vote Act of 2002 (52 U.S.C. 21081(a)), as 

15 amended by sections 104, 105, 202(a), 202(b), and 

16 202(c), is amended by adding at the end the following new 

17 paragraph: 

18 ‘‘(13) REQUIRING USE OF SOFTWARE AND

19 HARDWARE FOR WHICH INFORMATION IS DISCLOSED

20 BY MANUFACTURER.— 

21 ‘‘(A) REQUIRING USE OF SOFTWARE FOR

22 WHICH SOURCE CODE IS DISCLOSED BY MANU23 FACTURER.— 

24 ‘‘(i) IN GENERAL.—In the operation 

25 of voting systems in an election for Federal 


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1 office, a State may only use software for 

2 which the manufacturer makes the source 

3 code (in the form in which will be used at 

4 the time of the election) publicly available 

5 online under a license that grants a world6 wide, royalty-free, non-exclusive, perpetual, 

7 sub-licensable license to all intellectual 

8 property rights in such source code, except 

9 that the manufacturer may prohibit a per10 son who obtains the software from using 

11 the software in a manner that is primarily 

12 intended for or directed toward commercial 

13 advantage or private monetary compensa14 tion that is unrelated to carrying out legiti15 mate research or cybersecurity activity. 

16 ‘‘(ii) EXCEPTIONS.—Clause (i) does 

17 not apply with respect to— 

18 ‘‘(I) widely used operating system 

19 software which is not specific to vot20 ing systems and for which the source 

21 code or baseline functionality is not 

22 altered; or 

23 ‘‘(II) widely used cybersecurity 

24 software which is not specific to vot25 ing systems and for which the source 


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1 code or baseline functionality is not 

2 altered. 

3 ‘‘(B) REQUIRING USE OF HARDWARE FOR

4 WHICH INFORMATION IS DISCLOSED BY MANU5 FACTURER.— 

6 ‘‘(i) REQUIRING DISCLOSURE OF

7 HARDWARE.—A State may not use a vot8 ing system in an election for Federal office 

9 unless the manufacturer of the system 

10 publicly discloses online the identification 

11 of the hardware used to operate the sys12 tem. 

13 ‘‘(ii) ADDITIONAL DISCLOSURE RE14 QUIREMENTS FOR CUSTOM OR ALTERED

15 HARDWARE.—To the extent that the hard16 ware used to operate a voting system or 

17 any component thereof is not widely used, 

18 or is widely used but is altered, the State 

19 may not use the system in an election for 

20 Federal office unless— 

21 ‘‘(I) the manufacturer of the sys22 tem publicly discloses online the com23 ponents of the hardware, the design of 

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1 ponents are connected in the oper2 ation of the system; and 

3 ‘‘(II) the manufacturer makes 

4 the design (in the form which will be 

5 used at the time of the election) pub6 licly available online under a license 

7 that grants a worldwide, royalty-free, 

8 non-exclusive, perpetual, sub-licens9 able license to all intellectual property 

10 rights in the design of the hardware 

11 or the component, except that the 

12 manufacturer may prohibit a person 

13 who obtains the design from using the 

14 design in a manner that is primarily 

15 intended for or directed toward com16 mercial advantage or private monetary 

17 compensation that is unrelated to car18 rying out legitimate research or cyber19 security activity.’’. 

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

21 subsection (a) shall apply with respect to elections for 

22 Federal office held in 2020 or any succeeding year. 


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1 SEC. 205. TREATMENT OF ELECTRONIC POLL BOOKS AS 

2 PART OF VOTING SYSTEMS. 

3 (a) INCLUSION IN DEFINITION OF VOTING SYS4 TEM.—Section 301(b) of the Help America Vote Act of 

5 2002 (52 U.S.C. 21081(b)) is amended— 

6 (1) in the matter preceding paragraph (1), by 

7 striking ‘‘this section’’ and inserting ‘‘this Act’’; 

8 (2) by striking ‘‘and’’ at the end of paragraph 

9 (1); 

10 (3) by redesignating paragraph (2) as para11 graph (3); and 

12 (4) by inserting after paragraph (1) the fol13 lowing new paragraph: 

14 ‘‘(2) any electronic poll book used with respect 

15 to the election; and’’. 

16 (b) DEFINITION.—Section 301 of such Act (52 

17 U.S.C. 21081) is amended— 

18 (1) by redesignating subsections (c) and (d) as 

19 subsections (d) and (e); and 

20 (2) by inserting after subsection (b) the fol21 lowing new subsection: 

22 ‘‘(c) ELECTRONIC POLL BOOK DEFINED.—In this 

23 Act, the term ‘electronic poll book’ means the total com24 bination of mechanical, electromechanical, or electronic 

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1 mentation required to program, control, and support the 

2 equipment) that is used— 

3 ‘‘(1) to retain the list of registered voters at a 

4 polling location, or vote center, or other location at 

5 which voters cast votes in an election for Federal of6 fice; and 

7 ‘‘(2) to identify registered voters who are eligi8 ble to vote in an election.’’. 

9 (c) EFFECTIVE DATE.—Section 301(e) of such Act 

10 (52 U.S.C. 21081(e)), as amended by section 107 and as 

11 redesignated by subsection (b), is amended— 

12 (1) in paragraph (1), by striking ‘‘paragraph 

13 (2)’’ and inserting ‘‘paragraphs (2) and (3)’’; and 

14 (2) by adding at the end the following new 

15 paragraph: 

16 ‘‘(3) SPECIAL RULE FOR ELECTRONIC POLL

17 BOOKS.—In the case of the requirements of sub18 section (c) (relating to electronic poll books), each 

19 State and jurisdiction shall be required to comply 

20 with such requirements on or after January 1, 

21 2020.’’. 

22 SEC. 206. PRE-ELECTION REPORTS ON VOTING SYSTEM 

23 USAGE. 

24 (a) REQUIRING STATES TO SUBMIT REPORTS.—Title 

25 III of the Help America Vote Act of 2002 (52 U.S.C. 


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1 21081 et seq.), as amended by section 103(c), is amended 

2 by inserting after section 301A the following new section: 

3 ‘‘SEC. 301B. PRE-ELECTION REPORTS ON VOTING SYSTEM 

4 USAGE. 

5 ‘‘(a) REQUIRING STATES TO SUBMIT REPORTS.— 

6 Not later than 120 days before the date of each regularly 

7 scheduled general election for Federal office, the chief 

8 State election official of a State shall submit a report to 

9 the Commission containing a detailed voting system usage 

10 plan for each jurisdiction in the State which will admin11 ister the election, including a detailed plan for the usage 

12 of electronic poll books and other equipment and compo13 nents of such system. 

14 ‘‘(b) EFFECTIVE DATE.—Subsection (a) shall apply 

15 with respect to the regularly scheduled general election for 

16 Federal office held in November 2020 and each succeeding 

17 regularly scheduled general election for Federal office.’’. 

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

19 of such Act, as amended by section 103(c), is amended 

20 by inserting after the item relating to section 301A the 

21 following new item: 

‘‘Sec. 301B. Pre-election reports on voting system usage.’’. 

22 SEC. 207. STREAMLINING COLLECTION OF ELECTION IN23 FORMATION. 

24 Section 202 of the Help America Vote Act of 2002 

25 (52 U.S.C. 20922) is amended— 


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1 (1) by striking ‘‘The Commission’’ and insert2 ing ‘‘(a) IN GENERAL.—The Commission’’; and 

3 (2) by adding at the end the following new sub4 section: 

5 ‘‘(b) WAIVER OF CERTAIN REQUIREMENTS.—Sub6 chapter I of chapter 35 of title 44, United States Code, 

7 shall not apply to the collection of information for pur8 poses of maintaining the clearinghouse described in para9 graph (1) of subsection (a).’’. 

10 TITLE III—USE OF VOTING MA11 CHINES MANUFACTURED IN 

12 THE UNITED STATES 

13 SEC. 301. USE OF VOTING MACHINES MANUFACTURED IN 

14 THE UNITED STATES. 

15 Section 301(a) of the Help America Vote Act of 2002 

16 (52 U.S.C. 21081(a)), as amended by sections 104, 105, 

17 202(a), 202(b), 202(c), and 204(a), is further amended 

18 by adding at the end the following new paragraph: 

19 ‘‘(14) VOTING MACHINE REQUIREMENTS.—By 

20 not later than the date of the regularly scheduled 

21 general election for Federal office occurring in No22 vember 2022, each State shall seek to ensure that 

23 any voting machine used in such election and in any 

24 subsequent election for Federal office is manufac25 tured in the United States.’’. 


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1 TITLE IV—SEVERABILITY 

2 SEC. 401. SEVERABILITY. 

3 If any provision of this Act or amendment made by 

4 this Act, or the application of a provision or amendment 

5 to any person or circumstance, is held to be unconstitu6 tional, the remainder of this Act and amendments made 

7 by this Act, and the application of the provisions and 

8 amendment to any person or circumstance, shall not be 

9 affected by the holding. 

Æ 


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