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[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 1487 Introduced in Senate (IS)]

110th CONGRESS
  1st Session
                                S. 1487

 To amend the Help America Vote Act of 2002 to require an individual, 
 durable, voter-verified paper record under title III of such Act, and 
                          for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                              May 24, 2007

  Mrs. Feinstein (for herself, Mr. Dodd, Mr. Sanders, Mr. Inouye, Mr. 
   Obama, Mr. Brown, Mr. Leahy, Mr. Menendez, Mr. Kennedy, and Mrs. 
   Clinton) 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 require an individual, 
 durable, voter-verified paper record under title III of such Act, 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 ``Ballot Integrity 
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--MORATORIUM ON, AND REPLACEMENT AND RETROFITTING OF, CERTAIN 
               DIRECT RECORDING ELECTRONIC VOTING SYSTEMS

Sec. 101. Moratorium on acquisition of certain direct recording 
                            electronic voting systems and certain other 
                            voting systems.
Sec. 102. Grant program to replace or retrofit direct recording 
                            electronic voting systems.
Sec. 103. Grants for research on voting technology improvements for the 
                            development of completely accessible voting 
                            systems.
Sec. 104. Authorization of appropriations for Election Assistance 
                            Commission; etc.
                       TITLE II--BALLOT INTEGRITY

Sec. 201. Promoting accuracy, integrity, and security through 
                            individual, durable, voter-verified paper 
                            records.
Sec. 202. Requirement for mandatory manual audits.
                 TITLE III--IMPROVING FEDERAL ELECTIONS

       Subtitle A--Additional Requirements for Federal Elections

Sec. 301. Absentee voting.
Sec. 302. Third-party voter registration.
Sec. 303. Training of poll workers.
Sec. 304. Equitable allocation of voting systems, poll workers, and 
                            election resources.
Sec. 305. Prohibition on campaign activities by chief State election 
                            officials.
Sec. 306. Standards for purging voters.
Sec. 307. Election observers.
Sec. 308. Early voting.
Sec. 309. Requirements for counting provisional ballots.
Sec. 310. Conforming amendments.
                Subtitle B--Military and Overseas Voting

Sec. 311. Prohibiting refusal to accept voter registration and absentee 
                            ballot applications and federal write-in 
                            absentee ballot for failure to meet 
                            nonessential requirements.
Sec. 312. Federal write-in absentee ballots cast by overseas voters 
                            located in the United States.

 TITLE I--MORATORIUM ON, AND REPLACEMENT AND RETROFITTING OF, CERTAIN 
               DIRECT RECORDING ELECTRONIC VOTING SYSTEMS

SEC. 101. MORATORIUM ON ACQUISITION OF CERTAIN DIRECT RECORDING 
              ELECTRONIC VOTING SYSTEMS AND CERTAIN OTHER VOTING 
              SYSTEMS.

    Section 301 of the Help America Vote Act of 2002 (42 U.S.C. 15481) 
is amended--
            (1) by redesignating subsections (c) and (d) as subsections 
        (d) and (e), respectively; and
            (2) by inserting after subsection (b) the following new 
        subsection:
    ``(c) Moratorium on Acquisition of Direct Recording Electronic 
Voting Systems and Certain Other Voting Systems.--Beginning on the date 
of enactment of the Ballot Integrity Act of 2007, no State or 
jurisdiction may purchase or otherwise acquire for use in an election 
for Federal office a direct recording electronic voting system or other 
electronic voting system that does not produce a voter-verified paper 
record as required by section 301(a)(2) (as amended by such Act).''.

SEC. 102. GRANT PROGRAM TO REPLACE OR RETROFIT DIRECT RECORDING 
              ELECTRONIC VOTING SYSTEMS.

    (a) 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--GRANTS FOR REPLACING OR RETROFITTING DIRECT RECORDING 
       ELECTRONIC VOTING SYSTEMS AND CERTAIN OTHER VOTING SYSTEMS

``SEC. 297. GRANTS FOR REPLACING OR RETROFITTING DIRECT RECORDING 
              ELECTRONIC VOTING SYSTEMS AND CERTAIN OTHER VOTING 
              SYSTEMS.

    ``(a) Establishment of Program.--
            ``(1) In general.--The Election Assistance Commission shall 
        make payments in an amount determined under subsection (c) to 
        each State which meets the conditions described in subsection 
        (b).
            ``(2) Use of funds.--A State shall use the funds provided 
        under a payment under this section for (either directly or as 
        reimbursement, including as reimbursement for costs incurred on 
        or after January 1, 2007, under multiyear contracts) replacing 
        or retrofitting any nonqualified voting systems in remedial 
        precincts within that State with voting systems (by purchase, 
        lease, or such other arrangement as may be appropriate) that--
                    ``(A) meet the requirements of section 301 (as 
                amended by the Ballot Integrity Act of 2007); and
                    ``(B) are not inconsistent with the requirements of 
                the laws described in section 906.
    ``(b) Eligibility.--
            ``(1) In general.--A State is eligible to receive a payment 
        under this section if it submits to the Commission, not later 
        than 1 year after the date of the enactment of the Ballot 
        Integrity Act of 2007--
                    ``(A) a notice (in such form as the Commission may 
                require) certifying the number of remedial precincts in 
                the State; and
                    ``(B) a statement made by the chief executive 
                officer of the State, or designee, in consultation and 
                coordination with the chief State election official--
                            ``(i) describing the State's need for the 
                        payment and how the State will use the payment 
                        to meet the requirements of section 301(a)(2) 
                        (as amended by such Act);
                            ``(ii) certifying that the State will 
                        continue to comply with the laws described in 
                        section 906;
                            ``(iii) certifying that any voting systems 
                        which are replaced or retrofitted will meet the 
                        requirements of section 301 (as amended by such 
                        Act); and
                            ``(iv) containing such other information 
                        and certifications as the Commission may 
                        require.
            ``(2) Compliance of states that require changes to state 
        law.--In the case of a State that requires State legislation to 
        carry out an activity covered by any certification submitted 
        under this subsection, the State 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 shall submit an additional certification once such 
        legislation is enacted.
    ``(c) Amount of Payment.--
            ``(1) In general.--Subject to paragraph (3), the amount of 
        payment made to a State under this section shall be equal to 
        the product of--
                    ``(A) the total amount appropriated for payments 
                for the year pursuant to the authorization under 
                subsection (e); and
                    ``(B) the State allocation percentage for the State 
                (as determined under paragraph (2)).
            ``(2) State allocation percentage defined.--The `State 
        allocation percentage' for a State is the amount (expressed as 
        a percentage) equal to the quotient of--
                    ``(A) the number of remedial precincts in the 
                State; and
                    ``(B) the total number of remedial precincts in all 
                States.
            ``(3) Minimum amount of payment.--The amount of a payment 
        under this section made to a State for a year may not be less 
        than--
                    ``(A) in the case of any of the several States or 
                the District of Columbia, one-half of 1 percent of the 
                total amount appropriated for requirements payments for 
                the year under subsection (e); or
                    ``(B) in the case of the Commonwealth of Puerto 
                Rico, Guam, American Samoa, or the United States Virgin 
                Islands, one-tenth of 1 percent of such total amount.
            ``(4) Pro rata reductions.--The Commission shall make such 
        pro rata reductions to the allocations determined under 
        paragraph (1) as are necessary to comply with the requirements 
        of paragraph (3).
            ``(5) Continuing availability of funds after 
        appropriation.--Any payment made to a State under this part 
        shall be available to the State without fiscal year limitation.
    ``(d) Definitions.--For purposes of this section:
            ``(1) Nonqualified voting system.--The term `nonqualified 
        voting system' means a direct recording electronic voting 
        system or other electronic voting system which does not meet 
        the vote verification and audit capacity requirements of 
        section 301(a)(2), as amended by the Ballot Integrity Act of 
        2007.
            ``(2) Remedial precinct defined.--The term `remedial 
        precinct' means any precinct (or equivalent location) within 
        the State for which the voting system used to administer the 
        regularly scheduled general election for Federal office held in 
        November 2006--
                    ``(A) was a nonqualifying voting system; or
                    ``(B) did not provide that the entire process of 
                vote verification was equipped for individuals with 
                disabilities.
    ``(e) Authorization of Appropriations.--
            ``(1) In general.--There are authorized to be appropriated 
        $300,000,000 for each of fiscal years 2008 and 2009 for grants 
        under subsection (a).
            ``(2) Availability.--Any amounts appropriated pursuant to 
        the authority of paragraph (1) shall remain available without 
        fiscal year limitation until expended.''.
    (b) Rule of Construction Regarding States Receiving Other Funds for 
Replacing Punch Card, Lever, or Other Voting Systems.--Nothing in the 
amendment made by subsection (a) or in any other provision of the Help 
America Vote Act of 2002 may be construed to prohibit a State which 
received or was authorized to receive a payment under title I or II of 
such Act for replacing punch card, lever, or other voting systems from 
receiving or using any funds which are made available (either directly 
or as reimbursement) under the amendment made by such subsection.
    (c) Clerical Amendment.--The table of contents of the Help America 
Vote Act of 2002 is amended by inserting after the item relating to 
section 296 the following:

    ``Part 7--Grants for Replacing or Retrofitting Direct Recording 
       Electronic Voting Systems and Certain Other Voting Systems

``Sec. 297. Grants for replacing or retrofitting direct recording 
                            electronic voting systems and certain other 
                            voting systems.''.

SEC. 103. GRANTS FOR RESEARCH ON VOTING TECHNOLOGY IMPROVEMENTS FOR THE 
              DEVELOPMENT OF COMPLETELY ACCESSIBLE VOTING SYSTEMS.

    (a) In General.--Section 271 of the Help America Vote Act of 2002 
(42 U.S.C. 15441) is amended--
            (1) in subsection (b), in the matter preceding paragraph 
        (1), by striking ``An entity'' and inserting ``Subject to 
        subsection (c), an entity'';
            (2) by redesignating subsections (c), (d), and (e) as 
        subsections (d), (e), and (f), respectively; and
            (3) by inserting after subsection (b) the following new 
        subsection:
    ``(c) Deemed Eligibility for Development of Completely Accessible 
Voting Systems.--
            ``(1) In general.--An entity shall be deemed to be eligible 
        to receive a grant under this part if the entity submits a 
        grant application to conduct research and develop voting 
        systems that meet the verification and audit requirements of 
        section 301(a)(2) using a voting system that is completely 
        accessible for all individuals, including individuals with 
        disabilities, language minorities described in section 203 of 
        the Voting Rights Act of 1965, and individuals with 
        difficulties in literacy.
            ``(2) Number of entities receiving a grant.--The 
        Commission, in consultation with the Technical Guidelines 
        Development Committee, shall make grants to not less than 3 
        entities, including academic, non-profit, and public and 
        private entities, that are deemed to be eligible to receive a 
        grant under paragraph (1).''.
    (b) Authorization of Appropriations.--Section 273 of the Help 
America Vote Act of 2002 (42 U.S.C. 15443) is amended--
            (1) by redesignating subsection (b) as subsection (c); and
            (2) by inserting after subsection (a) the following new 
        subsection:
    ``(b) Accessible Voting Systems.--There are authorized to be 
appropriated for grants to entities deemed eligible under section 
271(c) $3,000,000 for fiscal years 2008 and 2009.''; and
            (3) in subsection (c), as redesignated by paragraph (1), by 
        striking ``authorization under this section'' and inserting 
        ``authorizations under subsections (a) and (b)''.

SEC. 104. AUTHORIZATION OF APPROPRIATIONS FOR ELECTION ASSISTANCE 
              COMMISSION; ETC.

    (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 the fiscal years'' through the end and inserting ``for fiscal 
year 2008 and each fiscal year thereafter such sums as are necessary 
for the Commission to carry out this title.''.
    (b) Budget Requests.--
            (1) In general.--Part 1 of subtitle A of title II of the 
        Help America Vote Act of 2002 (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 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 new item:

``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 by 
redesignating subparagraphs (B), (C), and (D) as subparagraphs (C), 
(D), and (E), respectively, and by inserting after subparagraph (A) the 
following new subparagraph:
                    ``(B) the Election Assistance Commission;''.

                       TITLE II--BALLOT INTEGRITY

SEC. 201. PROMOTING ACCURACY, INTEGRITY, AND SECURITY THROUGH 
              INDIVIDUAL, DURABLE, VOTER-VERIFIED PAPER RECORDS.

    (a) Vote Verification and Audit Capacity.--
            (1) Voter-verified paper records.--
                    (A) 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) Vote verification and audit capacity.--
                    ``(A) Voter-verified paper records.--
                            ``(i) In general.--The voting system shall 
                        require the use of or produce an individual, 
                        durable, voter-verified paper record of the 
                        voter's vote that shall be created by or made 
                        available for inspection and verification by 
                        the voter before the voter's vote is cast and 
                        counted. For purposes of this subclause, 
                        examples of such a record include a paper 
                        ballot marked by the voter for the purpose of 
                        being counted by hand or read by an optical 
                        scanner or other similar device, a paper ballot 
                        prepared by the voter to be mailed to an 
                        election official (whether from a domestic or 
                        overseas location), a paper ballot created 
                        through the use of a ballot marking device or 
                        system, or a paper record or ballot produced by 
                        a touch screen or other electronic voting 
                        system, so long as in each case the voter is 
                        permitted to verify the vote in a paper form in 
                        accordance with this subparagraph.
                            ``(ii) Verification.--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 
                        individual, durable, voter-verified paper 
                        record is preserved in accordance with 
                        subparagraph (C).
                            ``(iii) Maintenance of secret ballot.--The 
                        voting system shall not preserve the voter-
                        verified paper records in any manner that makes 
                        it possible, at any time after the vote has 
                        been cast, to associate a voter with the record 
                        of the voter's vote.
                    ``(B) Durability and readability requirements.--
                            ``(i) Durability requirements.--The 
                        individual, durable, voter-verified paper 
                        record produced in accordance with subparagraph 
                        (A) shall be marked, printed, or recorded on 
                        durable paper 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 a retention and preservation period 
                        of 2 years.
                            ``(ii) Readability requirements for 
                        machine-marked or printed voter-verified paper 
                        records.--All voter-verified paper records 
                        marked or printed through the use of a marking 
                        or printing device shall be clearly readable by 
                        both the voter and by a scanner or other device 
                        equipped for voters with disabilities and for 
                        voters who are language minorities described in 
                        section 203 of the Voting Rights Act of 1965.
                    ``(C) Preservation.--The individual, durable, 
                voter-verified paper record produced in accordance with 
                subparagraph (A) shall be used as the official ballot 
                for purposes of any recount or audit conducted with 
                respect to any election for Federal office in which the 
                voting system is used and shall be preserved in the 
                following manner:
                            ``(i) In the case of votes cast at the 
                        polling place on the date of the election, 
                        within the polling place in the manner or 
                        method in which paper ballots are preserved 
                        within such polling place.
                            ``(ii) In any other case, including any 
                        case where no such manner or method has been 
                        established under clause (i), in the manner or 
                        method which is consistent with the manner 
                        employed by the jurisdiction for preserving 
                        paper ballots in general.
                    ``(D) Manual audit capacity.--Each paper record 
                produced pursuant to subparagraph (A) shall be suitable 
                for a manual audit equivalent to that of a paper ballot 
                voting system, and shall be counted in any recount or 
                audit conducted with respect to any election for 
                Federal office.
                    ``(E) Inconsistencies between records and 
                electronic vote tallies.--
                            ``(i) In general.--Subject to clause (ii), 
                        in the event of any inconsistencies or 
                        irregularities between any electronic vote 
                        tallies and the vote tallies determined by 
                        counting by hand the individual, durable, 
                        voter-verified paper records produced pursuant 
                        to subparagraph (A), the individual, durable, 
                        voter-verified paper records shall be the true 
                        and correct record of the votes cast.
                            ``(ii) Special rule for treatment of 
                        disputes when voter-verified paper records have 
                        been shown to be compromised.--If, with respect 
                        to any recount, audit, or contest proceeding 
                        with respect to an election for Federal 
                        office--
                                    ``(I) there is any inconsistency 
                                between any electronic vote tallies and 
                                the vote tallies determined by counting 
                                by hand the individual, durable, voter-
                                verified paper records produced 
                                pursuant to subparagraph (A); and
                                    ``(II) it is determined that a 
                                sufficient number of voter-verified 
                                paper records were compromised (by 
                                damage or mischief or otherwise) before 
                                the start of such recount, audit, or 
                                contest proceeding such that the result 
                                of the election would be changed,
                        the electronic vote tallies in the precincts in 
                        which voter-verified paper records were 
                        compromised may, to the extent provided under 
                        State law, be taken into consideration as a 
                        factor, but not the only factor, in determining 
                        the true and correct count of the votes.''.
                    (B) Conforming amendments.--Section 301(a)(1) of 
                such Act (42 U.S.C. 15481(a)(1)) is amended--
                            (i) in subparagraph (A)(i), by striking 
                        ``counted'' and inserting ``counted, in 
                        accordance with paragraph (2)(A)(i)'';
                            (ii) in subparagraph (A)(ii), by striking 
                        ``counted'' and inserting ``counted, in 
                        accordance with paragraph (2)(A)(ii)''; and
                            (iii) in subparagraph (A)(iii)(III), by 
                        striking ``counted'' and inserting ``counted, 
                        in accordance with paragraph (2)''.
                    (C) Special certification of voter-verified paper 
                record durability and readability requirements for 
                states not currently using voter-verified paper 
                records.--If any of the voting systems used in a State 
                for the regularly scheduled 2008 general elections for 
                Federal office did not operate by having voters cast 
                votes on paper ballots or otherwise produce or use a 
                voter-verified paper record, the State shall certify to 
                the Election Assistance Commission not later than July 
                1, 2009, that the State will be in compliance with the 
                requirements of section 301(a)(2)(B) of the Help 
                America Vote of 2002, as added by subparagraph (A), in 
                accordance with the deadline established under this 
                Act, and shall include in the certification the methods 
                by which the State will meet the requirements.
            (2) Accessibility and vote verification for individuals 
        with disabilities.--
                    (A) Modification of accessibility requirement.--
                            (i) In general.--Section 301(a)(3)(B) of 
                        such Act (42 U.S.C. 15481(a)(3)(B)) is amended 
                        to read as follows:
                    ``(B)(i) satisfy the requirement of subparagraph 
                (A) through the use of at least one voting system 
                equipped for individuals with disabilities at each 
                polling place; and
                    ``(ii) meet the requirements of subparagraph (A) 
                and paragraph (2)(A) by using a system that--
                            ``(I) allows the voter to privately and 
                        independently verify the individual, durable, 
                        voter-verified paper record produced in 
                        accordance with paragraph (2)(A) through the 
                        conversion of the human-readable printed vote 
                        selections into accessible form;
                            ``(II) ensures that the entire process, 
                        including vote verification and vote casting, 
                        is equipped for individuals with disabilities; 
                        and
                            ``(III) does not preclude the supplementary 
                        use of Braille or tactile ballots; and''.
                            (ii) Conforming amendment.--Section 
                        301(a)(3)(C) of such Act (42 U.S.C. 
                        15481(a)(3)(C)) is amended by striking 
                        ``January 1, 2007'' and inserting ``January 1, 
                        2010''.
                    (B) Specific requirement of study, testing, and 
                development of accessible vote verification 
                mechanisms.--
                            (i) Study and reporting.--Subtitle C of 
                        title II of such Act (42 U.S.C. 15381 et seq.) 
                        is amended--
                                    (I) by redesignating section 247 as 
                                section 248; and
                                    (II) by inserting after section 246 
                                the following new section:

``SEC. 247. STUDY AND REPORT ON ACCESSIBLE VOTE VERIFICATION 
              MECHANISMS.

    ``(a) Study and Report.--The Commission shall study, test, and 
develop best practices to enhance the accessibility of vote 
verification mechanisms for individuals with disabilities, for language 
minorities described in section 203 of the Voting Rights Act of 1965, 
and for individuals with difficulties in literacy, including best 
practices for the mechanisms themselves and the processes through which 
the mechanisms are used. In carrying out this section, the Commission 
shall specifically investigate existing and potential methods or 
devices that will assist such individuals in creating voter-verified 
paper records and in presenting or transmitting the information printed 
or marked on such records back to such individuals for purposes of 
verification.
    ``(b) Coordination With Grants for Technology Improvements.--The 
Commission shall coordinate the study conducted under subsection (a) 
with the research conducted under the grant program under section 271 
to the extent that the Commission determines necessary to provide for 
the uniform advancement of accessible voting technology.
    ``(c) Deadline.--The Commission shall complete the requirements of 
subsection (a) not later than January 1, 2010.
    ``(d) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out subsection (a) $1,000,000, to remain 
available until expended.''.
                            (ii) Clerical amendment.--The table of 
                        contents of such Act is amended--
                                    (I) by redesignating the item 
                                relating to section 247 as relating to 
                                section 248; and
                                    (II) by inserting after the item 
                                relating to section 246 the following 
                                new item:

``Sec. 247. Study and report on accessible voter verification 
                            mechanisms.''.
                    (C) Clarification of accessibility standards under 
                voluntary voting system guidance.--In adopting any 
                voluntary guidance under subtitle B of title III of the 
                Help America Vote Act of 2002 with respect to the 
                accessibility of the vote verification requirements 
                under section 301(a)(2)(A)(ii) of such Act for 
                individuals with disabilities, the Election Assistance 
                Commission shall include and apply the same 
                accessibility standards applicable under the voluntary 
                guidance adopted for accessible voting systems under 
                such subtitle.
            (3) Modification of alternative language accessibility 
        requirements.--Paragraph (4) of section 301(a) of such Act (42 
        U.S.C. 15481(a)) is amended to read as follows:
            ``(4) Alternative language accessibility.--The voting 
        system (including the individual, durable, voter-verified paper 
        record produced under paragraph (2))--
                    ``(A) shall provide alternative language 
                accessibility to individuals who are language 
                minorities described in section 203 of the Voting 
                Rights Act of 1965 in a manner that provides the same 
                opportunity for access, participation, and private and 
                independent inspection and verification as for other 
                voters; and
                    ``(B) 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 voting system used or in 
                which such record is produced.''.
            (4) Requirement for residual vote benchmark.--Section 
        301(a)(5) of such Act (42 U.S.C. 15481(a)(5)) is amended to 
        read as follows:
                    ``(A) In general.--The error rate of the voting 
                system in counting votes (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.
                    ``(B) Residual ballot performance benchmark.--In 
                addition to the error rate standards described in 
                subparagraph (A), the Commission shall issue and 
                maintain a uniform benchmark for the residual vote 
                error rate that States 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 all 
                Federal election contents on 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 best practices in representative 
                jurisdictions.
                    ``(C) 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 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.''.
    (b) Additional Voting System Requirements.--
            (1) In general.--Section 301(a) of such Act (42 U.S.C. 
        15481(a)) is amended by adding at the end the following new 
        paragraphs:
            ``(7) Certification and disclosure of software.--
                    ``(A) Certification.--
                            ``(i) In general.--No voting system shall 
                        at any time contain or use any software which 
                        has not been certified--
                                    ``(I) in the case of systems used 
                                in Federal elections before January 1, 
                                2010, by the Commission or by the State 
                                under section 231; and
                                    ``(II) in the case of systems used 
                                in Federal elections on and after 
                                January 1, 2010, by the Commission 
                                under section 231.
                            ``(ii) Emergency software certification.--
                        The Commission shall establish guidelines for 
                        the expedited and secure certification of any 
                        software additions or patches to existing 
                        voting systems--
                                    ``(I) that are necessary for the 
                                secure and accurate counting of voter-
                                verified paper records; and
                                    ``(II) the certification of which 
                                cannot be completed through the 
                                ordinary certification process in 
                                adequate time to allow the secure and 
                                accurate use of the voting system in 
                                the next election for Federal office.
                            ``(iii) Exception.--The Commission may 
                        exempt commercial off-the-shelf software that 
                        is not election-dedicated software from the 
                        certification requirements of this subparagraph 
                        if the Commission determines such an exemption 
                        is appropriate.
                    ``(B) Disclosure.--
                            ``(i) Disclosure of election-dedicated 
                        software.--
                                    ``(I) In general.--No voting system 
                                shall at any time contain or use any 
                                election-dedicated software unless such 
                                software has been disclosed as provided 
                                under subclause (II).
                                    ``(II) Disclosure.--Software 
                                disclosed under this clause shall be 
                                disclosed to the Commission and to any 
                                State using such voting system in 
                                electronic form and shall include such 
                                information as necessary to assess the 
                                integrity and efficacy of such 
                                software.
                            ``(ii) Disclosure of other software.--No 
                        voting system shall at any time contain or use 
                        any software other than election-dedicated 
                        software unless the manufacturer of such 
                        software discloses in electronic form such 
                        information as the Commission determines 
                        appropriate to the Commission, the National 
                        Institute of Standards and Technology, and the 
                        Chief State election official of any State 
                        using such voting system.
                            ``(iii) Storage of software.--The 
                        Commission shall transmit the information 
                        disclosed under clauses (i) and (ii) to an 
                        entity selected by the National Institute of 
                        Standards and Technology for the purpose of 
                        holding such information.
                            ``(iv) Use of information.--
                                    ``(I) In general.--Information 
                                disclosed under this subparagraph may 
                                not be provided to any person except as 
                                provided in this clause.
                                    ``(II) Disclosure to governmental 
                                entities.--Information disclosed under 
                                this subparagraph may be provided to 
                                the Commission, the National Institute 
                                of Standards and Technology, the Chief 
                                State election official of any State 
                                using such electronic voting software 
                                in an voting system, or any other 
                                Federal or State governmental entity 
                                responsible for the administration or 
                                enforcement of election laws, but only 
                                for the purposes of administering or 
                                enforcing election laws, or for review, 
                                analysis, and reporting as provided in 
                                clause (v).
                                    ``(III) Disclosure to parties in 
                                litigation.--Information disclosed 
                                under this subparagraph may be provided 
                                to a party involved in litigation with 
                                respect to an election in which such 
                                electronic voting software is used, but 
                                only if such information is disclosed 
                                to all parties involved in such 
                                litigation and only to the extent 
                                necessary for the review and analysis 
                                of such information (as provided in 
                                clause (v)) for use in such litigation.
                                    ``(IV) Disclosure to other 
                                persons.--Information disclosed under 
                                this subparagraph may be provided to 
                                independent technical experts and other 
                                persons and entities consistent with 
                                standards established by the 
                                Commission, but only for purposes of 
                                reviewing, analyzing, and reporting on 
                                the operation of such software as 
                                provided in clause (v).
                            ``(v) Scope of review, analyses, and 
                        reporting.--The review, analysis, and reporting 
                        of software permitted under clause (iv) may 
                        only consist of the following:
                                    ``(I) In the case of election-
                                dedicated software, performing review 
                                and analyses of the software, 
                                disclosing reports and analyses that 
                                describe operational issues (including 
                                vulnerabilities to tampering, errors, 
                                risks associated with use, failures as 
                                a result of use, and other operational 
                                issues), and describing or explaining 
                                why or how a voting system failed or 
                                otherwise did not perform as intended, 
                                but only if the information published 
                                does not compromise the integrity of 
                                the software or result in the 
                                disclosure of trade secrets or other 
                                confidential commercial information, or 
                                violate intellectual property rights in 
                                such software.
                                    ``(II) In the case of software 
                                other than election-dedicated software, 
                                performing review and analyses of the 
                                software, and issuing reports that 
                                describe operational issues, but only 
                                if the information published does not 
                                compromise the integrity of the 
                                software or result in the disclosure of 
                                trade secrets or other confidential 
                                commercial information, or violate 
                                intellectual property rights in such 
                                software.
                            ``(vi) Protection of information provided 
                        through disclosure.--Any recipient of 
                        information disclosed under this subparagraph--
                                    ``(I) shall not compromise the 
                                integrity of the software with respect 
                                to which such information relates;
                                    ``(II) shall not disclose any trade 
                                secrets or other confidential 
                                commercial information with respect to 
                                such software; and
                                    ``(III) shall not violate any 
                                intellectual property rights in such 
                                software.
                        The Commission shall develop a process with 
                        manufacturers and holders of intellectual 
                        property to ensure compliance with the 
                        requirements of this clause.
                    ``(C) Election-dedicated software.--For purposes of 
                this paragraph, the term `election-dedicated software' 
                means software that--
                            ``(i) is specifically designed for use 
                        primarily in a voting system; or
                            ``(ii) has been specifically modified for 
                        use primarily in a voting system, but only to 
                        the extent of such modification.
            ``(8) Prohibition of use of wireless communications devices 
        in voting systems.--
                    ``(A) In general.--No voting system shall contain, 
                use, or be accessible by any wireless, power-line, or 
                concealed communication device.
                    ``(B) Exception for certain systems using infrared 
                technology.--Subparagraph (A) shall not apply to a 
                voting system that uses software which is loaded using 
                solely infrared technology if the infrared technology 
                is certified as part of the voting system.
            ``(9) Prohibiting connection of system or transmission of 
        system information over the internet.--No component of any 
        voting device upon which votes are cast shall be connected to 
        the Internet at any time. Nothing in this section shall be 
        construed to prohibit any study on Internet voting required 
        under this Act or any other provision of law.
            ``(10) 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 election officials using such 
                system meet the applicable requirements described in 
                subparagraph (B).
                    ``(B) Requirements described.--The requirements 
                described in this subparagraph are as follows:
                            ``(i) The chain of custody for the handling 
                        of all software, hardware, vote storage media, 
                        ballots, and voter-verified paper records used 
                        in connection with voting systems is documented 
                        by State election officials, under standards 
                        developed by the State, and made available to 
                        the Commission upon request.
                            ``(ii) The manufacturer discloses to the 
                        Commission and to the appropriate election 
                        official any software or other information 
                        required to be disclosed under paragraph 
                        (7)(B).
                            ``(iii) Except as provided in paragraph 
                        (7)(A)(ii), after the voting system software 
                        has been certified for use in an election, the 
                        manufacturer may not--
                                    ``(I) alter such software; or
                                    ``(II) insert or use in the voting 
                                system any software not certified for 
                                use in the election.
                            ``(iv) At the request of the Commission, 
                        the appropriate election official submits 
                        information to the Commission regarding the 
                        State's compliance with this subparagraph.
            ``(11) Use of emergency paper ballots in case of system or 
        equipment failure.--
                    ``(A) In general.--In the event of the failure of 
                voting equipment or other circumstance at a polling 
                place that causes a significant disruption of the 
                voting process for voters, any individual who is 
                waiting at the polling place to cast a ballot in an 
                election for Federal office shall be advised 
                immediately of the individual's 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.
                    ``(B) Durability of emergency paper ballots.--Any 
                emergency paper ballot used in a Federal election shall 
                be marked on durable paper capable of withstanding 
                multiple counts and recounts without compromising the 
                fundamental integrity of the ballot, and capable of 
                retaining the information marked on it for the full 
                duration of a retention and preservation period of 2 
                years.
                    ``(C) Counting of emergency paper ballots.--Any 
                emergency paper ballot which is cast by an individual 
                under subparagraph (A) shall be counted and otherwise 
                treated as a regular ballot and not as a provisional 
                ballot, unless the individual casting the ballot would 
                have otherwise been required to cast a provisional 
                ballot if the voting equipment at the polling place had 
                not failed.
                    ``(D) Posting of notice.--The appropriate election 
                official shall ensure that at each polling place a 
                notice is displayed prominently which describes the 
                right of an individual under this paragraph to be 
                provided with a paper ballot for voting in the 
                election.''.
            (2) Conforming amendment.--
                    (A) In general.--Section 231(a)(2) of such Act (42 
                U.S.C. 15371(a)(2)), as amended by subsection 
                (c)(2)(B), is amended by striking ``and software''.
                    (B) Effective date.--The amendment made by 
                subparagraph (A) shall take effect on January 1, 2010.
    (c) Requiring Laboratories To Meet Standards Prohibiting Conflicts 
of Interest as a Condition of Accreditation for Testing of Voting 
System Hardware and Software.--
            (1) In general.--Section 231(b) of such Act (42 U.S.C. 
        15371(b)) is amended by adding at the end the following new 
        paragraphs:
            ``(3) Prohibiting conflicts of interest; ensuring 
        availability of results.--
                    ``(A) In general.--A laboratory may not be 
                accredited by the Commission for purposes of this 
                section unless--
                            ``(i) the laboratory certifies that the 
                        only compensation it receives for the testing 
                        carried out in connection with the 
                        certification, decertification, and 
                        recertification of the manufacturer's voting 
                        system hardware and software is the payment 
                        made from the Testing Escrow Account under 
                        paragraph (4);
                            ``(ii) the laboratory meets 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;
                            ``(iii) 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
                            ``(iv) 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.
                    ``(B) Availability of results.--Upon receipt of 
                information under subparagraph (A), the Commission 
                shall make the information available promptly to 
                election officials and the public.
            ``(4) Procedures for conducting testing; payment of user 
        fees for compensation of accredited laboratories.--
                    ``(A) 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 
                testing carried out in connection with the 
                certification, decertification, and recertification of 
                voting system hardware and software.
                    ``(B) Schedule of fees.--In consultation with the 
                accredited laboratories, the Commission shall establish 
                and regularly update a schedule of fees for 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 such testing for various types of 
                hardware and software.
                    ``(C) 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--
                            ``(i) the manufacturer submits a detailed 
                        request for the testing to the Commission; and
                            ``(ii) the manufacturer pays to the 
                        Commission, for deposit into the Testing Escrow 
                        Account established under subparagraph (A), the 
                        applicable fee under the schedule established 
                        and in effect under subparagraph (B).
                    ``(D) Selection of laboratory.--Upon receiving a 
                request for testing and the payment from a manufacturer 
                required under subparagraph (C), 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.
                    ``(E) Payments to laboratories.--Upon receiving a 
                certification from a laboratory selected to carry out 
                testing pursuant to subparagraph (D) that testing is 
                completed, along with a copy of the results of the test 
                as required under paragraph (3)(A)(iv), the Commission 
                shall make a payment to the laboratory from the Testing 
                Escrow Account established under subparagraph (A) in an 
                amount equal to the applicable fee paid by the 
                manufacturer under subparagraph (C)(ii).
            ``(5) Dissemination of additional information on accredited 
        laboratories.--
                    ``(A) Information on testing.--Upon completion of 
                the testing of a voting system under this section, the 
                Commission shall promptly disseminate to the public the 
                identification of the laboratory which carried out the 
                testing.
                    ``(B) Laboratories with accreditation revoked or 
                suspended.--If the Commission revokes, terminates, or 
                suspends the accreditation of a laboratory under this 
                section, or if the Commission has credible evidence of 
                significant security failures at accredited 
                laboratories, the Commission shall promptly notify 
                Congress, the chief State election official of each 
                State, and the public.''.
            (2) Conforming amendments.--Section 231 of such Act (42 
        U.S.C. 15371) is further amended--
                    (A) 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.'';
                    (B) 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 such 
                hardware.'';
                    (C) in subsection (b)(1), by striking ``testing, 
                certification, decertification, and recertification'' 
                and inserting ``testing''; and
                    (D) in subsection (d), by striking ``testing, 
                certification, decertification, and recertification'' 
                each place it appears and inserting ``testing''.
            (3) Deadline for establishment of standards and escrow 
        account.--The Election Assistance Commission shall establish 
        the standards described in section 231(b)(3) of the Help 
        America Vote Act of 2002 and the Testing Escrow Account 
        described in section 231(b)(4) of such Act (as added by 
        subparagraph (A)) not later than January 1, 2008.
    (d) Effective Date for New Requirements.--Section 301(e) of such 
Act (42 U.S.C. 15481(d)), as redesignated by section 101, is amended to 
read as follows:
    ``(e) Effective Date.--
            ``(1) In general.--Except as provided in this subsection, 
        each State and jurisdiction shall be required to comply with 
        the requirements of this section on and after January 1, 2006.
            ``(2) Special rule for certain requirements.--Each State 
        and jurisdiction shall be required to comply with the 
        requirements of paragraphs (7), (8), (9), and (10) of 
        subsection (a) on and after January 1, 2008.
            ``(3) Emergency paper ballots.--Each State and jurisdiction 
        shall be required to comply with the requirements of subsection 
        (a)(11) with respect to the regularly scheduled general 
        election for Federal office held in November 2008 and each 
        succeeding election for Federal office.
            ``(4) Vote verification and audit capacity requirements.--
        Each State and jurisdiction shall be required to comply with 
        the requirements of this section which are first imposed 
        pursuant to the amendments made by section 201(a) of the Ballot 
        Integrity Act of 2007 on and after January 1, 2010.''.

SEC. 202. REQUIREMENT FOR MANDATORY MANUAL AUDITS.

    (a) Mandatory Manual Audits.--
            (1) In general.--Subtitle A of title III of the Help 
        America Vote Act of 2002 (42 U.S.C. 15481 et seq.) is amended 
        by redesignating sections 304 and 305 as sections 305 and 306, 
        respectively, and by inserting after section 303 the following 
        new section:

``SEC. 304. MANDATORY ELECTION AUDITS.

    ``(a) State Guidelines.--
            ``(1) In general.--Not later than 90 days before the date 
        of each regularly scheduled general election for Federal 
        office, each State shall establish guidelines and standards for 
        local jurisdictions to utilize in conducting audits under this 
        section.
            ``(2) Consideration of model guidelines.--In adopting the 
        State guidelines and standards under paragraph (1), the State 
        shall consider the model audit guidelines established under 
        part 4 of subtitle A of title II.
    ``(b) Audits.--Each State shall require an audit of results for 
elections for Federal office that meets the following minimum 
requirements:
            ``(1) The audit shall be conducted--
                    ``(A) at the same time as the official canvass of 
                each Federal election; and
                    ``(B) in a public and transparent manner, such that 
                members of the public are able to observe the entire 
                process.
            ``(2) The audit shall be of not less than 2 percent of 
        precincts in the State.
            ``(3) The State shall select the precincts audited under 
        this section in a random manner following the election.
            ``(4) In the case of any State which uses electronic voting 
        systems, the audit shall compare the vote tallies from the hand 
        count of the individual, durable, voter-verified paper records 
        produced under section 301(a)(2)(A) with electronic vote 
        tallies.
    ``(c) Completion of Audits; Collection of Audit Results; 
Publication.--
            ``(1) State submission of report.--Each State shall submit 
        to the Commission a report, in such form as the Commission may 
        require, on the results of the audit conducted under this 
        section.
            ``(2) Commission action.--The Commission may request 
        additional information from each State based on the results of 
        the audit conducted under this section.
            ``(3) Publication.--The Commission shall publish each 
        report submitted under paragraph (1) upon receipt.
    ``(d) Delay in Certification of Results by State.--No State may 
certify the results of any election which is subject to an audit under 
this section prior to the completion of the audit and the submission of 
the results of the audit to the Commission.
    ``(e) Effective Date.--Each State shall be required to comply with 
the requirements of this section on and after January 1, 2010.''.
            (2) Availability of enforcement under help america vote act 
        of 2002.--Section 401 of such Act (42 U.S.C. 15511) is amended 
        by striking ``and 303'' and inserting ``303, and 304''.
            (3) Clerical amendment.--The table of contents of the Help 
        America Vote Act of 2002 is amended by striking the items 
        relating to sections 304 and 305 and inserting the following:

``Sec. 304. Mandatory election audits.
``Sec. 305. Minimum requirements.
``Sec. 306. Methods of implementation left to discretion of State.''.
    (b) Commission Guidance.--
            (1) In general.--Subtitle A of title II of the Help America 
        Vote Act of 2002 (42 U.S.C. 15321 et seq.) is amended by adding 
        at the end the following new part:

                   ``PART 4--MODEL AUDIT GUIDELINES.

``SEC. 223. AUDIT GUIDELINES DEVELOPMENT TASK FORCE.

    ``(a) Establishment.--The Commission shall establish an Audit 
Guidelines Development Task Force (hereafter in this part referred to 
as the `Task Force').
    ``(b) Membership.--
            ``(1) In general.--The Task Force shall be composed of 
        individuals who are experts in the fields of election audits, 
        recounts, computer technology, and election management. The 
        composition of the Task Force shall (to the extent possible) 
        reflect the demographic composition of the voting age 
        population of the United States.
            ``(2) Consultation.--The Commission shall consult with the 
        Technical Guidelines Development Committee on--
                    ``(A) the composition of the Task Force; and
                    ``(B) the appointment of members to the Task Force.
    ``(c) Duties.--
            ``(1) In general.--The Task Force shall assist the 
        Commission in developing model audit guidelines for 
        administrative and procedural practices to ensure efficient, 
        transparent, and accurate audits and recounts of ballots cast 
        in Federal elections.
            ``(2) Deadline for initial set of recommendations.--The 
        Task Force shall provide its first set of recommendations under 
        this section to the Executive Director of the Commission not 
        later than 10 months after the Task Force is established.
    ``(d) Considerations.--In developing the model audit guidelines 
under subsection (c), the Task Force shall consider--
            ``(1) the time, place, and manner of developing audit 
        procedures;
            ``(2) processes for completing manual audits of voter-
        verified paper records and comparing such records with any 
        electronic tallies;
            ``(3) the timing of starting and completing audit 
        functions;
            ``(4) the cost and burden on local election officials of 
        conducting an audit; and
            ``(5) the personnel and management requirements of 
        conducting audits.
    ``(e) Publication of Report.--The Task Force shall make its 
recommendations to the Commission public upon delivering them to the 
Commission.

``SEC. 224. PROCESS FOR ADOPTION.

    ``The Commission shall provide for publication of the 
recommendations from the Task Force, an opportunity for public comment 
on the proposed model audit guidelines, and an opportunity for a public 
hearing on the record. Final model audit guidelines shall be adopted by 
the Commission after a majority vote of the members of the 
Commission.''.
            (2) Technical amendment.--Section 202 of such Act (42 
        U.S.C. 15322) is amended by striking ``and'' at the end of 
        paragraph (5), by striking the period at the end of paragraph 
        (6) and inserting ``; and'', and by adding at the end the 
        following new paragraph:
            ``(7) carrying out the duties described in part 4 (relating 
        to the adoption of model audit guidelines), including the 
        maintenance of a clearinghouse of information on the 
        experiences of State and local governments in implementing the 
        guidelines and in conducting audits in general.''.
            (3) Clerical amendment.--The table of contents of such Act 
        is amended by inserting after the item relating to section 222 
        the following:

                    ``Part 4--Model Audit Guidelines

``Sec. 223. Audit Guidelines Development Task Force.
``Sec. 224. Process for adoption.''.

                 TITLE III--IMPROVING FEDERAL ELECTIONS

       Subtitle A--Additional Requirements for Federal Elections

SEC. 301. ABSENTEE VOTING.

    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--Additional Requirements

``SEC. 321. ABSENTEE VOTING.

    ``(a) Absentee Voting.--Each State 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.--Any ballot cast under subsection 
(a) shall be submitted and processed in the manner provided for 
absentee ballots under State law.
    ``(c) Effective Date.--Each State and jurisdiction shall be 
required to comply with the requirements of this section on and after 
January 1, 2008.''.

SEC. 302. THIRD-PARTY VOTER REGISTRATION.

    Subtitle C 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. 322. ALLOWANCE OF VOTER REGISTRATION ASSISTANCE.

    ``(a) In General.--No State shall refuse to register an individual 
to vote on the grounds that such individual's voter registration 
application was submitted to the State by a third party.
    ``(b) Prohibition on Limiting Voter Registration Activity.--No 
State shall--
            ``(1) prohibit any person from assisting individuals in 
        obtaining and completing, or from collecting or submitting, 
        mail voter registration forms developed pursuant to sections 
        6(a)(2) and 9(a)(2) of the National Voter Registration Act of 
        1993 (42 U.S.C. 1973gg-4(a)(2); 1973gg-7(a)(2)) for the purpose 
        of registering those individuals to vote in elections for 
        Federal office; or
            ``(2) impose any burden on such assistance, or on the 
        collection or submission of such mail voter registration forms.
    ``(c) Rule of Construction.--Nothing in this subsection shall 
prevent any State from prohibiting or penalizing--
            ``(1) the intentional and knowing falsification of voter 
        registration forms;
            ``(2) the intentional and knowing destruction of completed 
        voter registration forms;
            ``(3) the failure to submit completed voter registration 
        forms before a voter registration deadline for an election for 
        Federal office with the specific intent of disenfranchising 
        voters; or
            ``(4) the payment of any person to collect voter 
        registration forms based solely on the number of forms 
        collected.''.

SEC. 303. TRAINING OF POLL WORKERS.

    (a) Training Requirement.--Subtitle C 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. 323. INSTRUCTION OF POLL WORKERS.

    ``(a) Instruction of Poll Workers.--
            ``(1) Establishment of program.--Each State shall establish 
        a program to ensure uniformity of, and establish minimum 
        standards for, training poll workers.
            ``(2) Nondiscriminatory standards.--
                    ``(A) In general.--The standards established under 
                paragraph (1) shall be nondiscriminatory.
                    ``(B) Exception.--Such standards may vary based on 
                the type of voting system used in different locations 
                in the State.
            ``(3) Development of curriculum.--The curriculum provided 
        under such a program shall be developed--
                    ``(A) in conjunction with election and education 
                experts; and
                    ``(B) taking into consideration guidelines provided 
                by the Commission.
            ``(4) Content of program.--
                    ``(A) In general.--Under such a program, each State 
                shall require that all poll workers successfully 
                complete a curriculum under which the individual is 
                trained--
                            ``(i) in the applicable laws governing 
                        election administration in the State, including 
                        laws governing--
                                    ``(I) who is eligible to vote;
                                    ``(II) the rights and 
                                responsibilities of voters;
                                    ``(III) the casting and counting of 
                                votes;
                                    ``(IV) the rights of voters with 
                                disabilities and of voters who are 
                                language minorities described in 
                                section 203 of the Voting Rights Act of 
                                1965;
                                    ``(V) the right of any individual 
                                under section 301(a)(1)(A) to verify 
                                the ballot and correct any error in a 
                                private and independent manner; and
                                    ``(VI) the right of voters to a 
                                provisional ballot; and
                            ``(ii) on the use and maintenance of any 
                        voting systems (including optical scan voting 
                        systems and direct recording electronic voting 
                        systems) used for the conduct of Federal 
                        elections in the State.
                    ``(B) Development and distribution of manual for 
                poll workers.--As part of such curriculum, each State 
                shall--
                            ``(i) develop a manual for poll workers;
                            ``(ii) publish such manual not less than 4 
                        weeks before each election for Federal office; 
                        and
                            ``(iii) with respect to each election for 
                        Federal office--
                                    ``(I) distribute such manual to all 
                                appropriate individuals before such 
                                election; and
                                    ``(II) ensure that all poll workers 
                                sign a certification that they have 
                                received and reviewed such manual.
    ``(b) Effective Date.--Each State shall be required to comply with 
the requirements of this section on and after January 1, 2008.''.

SEC. 304. EQUITABLE ALLOCATION OF VOTING SYSTEMS, POLL WORKERS, AND 
              ELECTION RESOURCES.

    (a) In General.--Subtitle C 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. 324. EQUITABLE ALLOCATION OF VOTING SYSTEMS, POLL WORKERS, AND 
              ELECTION RESOURCES.

    ``(a) In General.--Each State shall provide for an equitable 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. Such resources shall be 
adequate to address long lines, delays, technological failures, and 
other administrative circumstances.
    ``(b) Consideration and Deviation From Commission Benchmark.--
            ``(1) Consideration.--In providing for an equitable number 
        of voting systems, poll workers, and other election resources 
        in the State under subsection (a), each State shall consider 
        the benchmark standards established by the Commission under 
        section 299.
            ``(2) Explanation of deviations.--If the number voting 
        systems, poll workers, and other election resources provided by 
        a State under subsection (a) materially deviates from the 
        benchmarks standards established by the Commission under 
        section 299, the State shall make publicly available a 
        statement describing such differences and explaining the 
        reasons for such differences.
    ``(c) Voting Site.--For purposes of this section and section 299, 
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) Effective Date.--Each State shall be required to comply with 
the requirements of this section on and after January 1, 2010.''.
    (b) Standards.--
            (1) In general.--Title II of the Help America Vote Act of 
        2002, as amended by this Act, is amended by adding at the end 
        the following:

                  ``Subtitle E--Guidance and Standards

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

    ``(a) In General.--
            ``(1) Study.--The Commission shall conduct a study on the 
        equitable distribution of voting systems, poll workers, and 
        election resources.
            ``(2) Standards.--Not later than January 1, 2009, the 
        Commission shall issue standards based on the results of the 
        study conducted under paragraph (1) that establish benchmarks 
        for the distribution of an equitable number of voting systems, 
        poll workers, and other election resources (including all other 
        physical resources) for voting sites 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--
                    ``(A) voting patterns and voter turnout in prior 
                Federal elections, including the differences between 
                presidential elections and other elections;
                    ``(B) voter registration counts;
                    ``(C) current census data and demographic changes;
                    ``(D) the abilities and training of poll workers;
                    ``(E) the accessibility of polling locations; and
                    ``(F) available assistive voting technologies.
            ``(2) 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.''.
            (2) Conforming amendments.--
                    (A) Section 202 of the Help America Vote Act of 
                2002 (42 U.S.C. 15322), as amended by this Act, is 
                amended by redesignating paragraphs (5), (6), and (7) 
                as paragraphs (6), (7), and (8), respectively, and by 
                inserting after paragraph (4) the following new 
                paragraph:
            ``(5) carrying out the duties described in subtitle E.''.
                    (B) The table of contents of the Help America Vote 
                Act of 2002, as amended by this Act, is amended by 
                inserting before the item relating to title III the 
                following:

                  ``Subtitle E--Guidance and Standards

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

SEC. 305. PROHIBITION ON CAMPAIGN ACTIVITIES BY CHIEF STATE ELECTION 
              OFFICIALS.

    Subtitle C 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. 325. PROHIBITION ON CAMPAIGN ACTIVITIES BY CHIEF STATE ELECTION 
              OFFICIALS.

    ``(a) Prohibition.--Subject to subsection (c), no chief State 
election official shall take an active part in political management or 
in a political campaign with respect to any election for Federal office 
over which such official has supervisory authority.
    ``(b) Active Part in Political Management or in a Political 
Campaign.--The term `active part in political management or in a 
political campaign' means--
            ``(1) serving as a member of an authorized committee of a 
        candidate for Federal office;
            ``(2) making public comments in support of, or opposed to, 
        any candidate for Federal office in an official capacity;
            ``(3) the solicitation, acceptance, or receipt of political 
        contributions from any person on behalf of a candidate for 
        Federal office; and
            ``(4) the sharing of information concerning an official 
        count, recount, or audit with respect to any primary, special, 
        or general election for Federal office with a candidate for 
        such office or with an authorized committee of such a 
        candidate, unless the same information is provided to all other 
        candidates for such office in such election.
    ``(c) Exceptions.--
            ``(1) Chief state election official running as candidate.--
        In the case of a chief State election official who is a 
        candidate for Federal office, the prohibition under subsection 
        (a) shall not apply with respect to the election for that 
        Federal office.
            ``(2) Attendance at political campaign events.--Nothing in 
        this section shall be construed to prohibit a chief State 
        election official from serving as a delegate to a national 
        nominating convention of a political party or from attending 
        any political campaign event.
    ``(d) Effective Date.--The requirements of this section shall take 
effect on January 1, 2008.''.

SEC. 306. STANDARDS FOR PURGING VOTERS.

    (a) Safeguards Against Accidental Removal.--
            (1) In general.--Subparagraph (B) of section 303(a)(4) of 
        the Help America Vote Act of 2002 (42 U.S.C. 15483(a)(4)) is 
        amended to read as follows:
                    ``(B) Safeguards.--Uniform and nondiscriminatory 
                procedures that--
                            ``(i) ensure that no voter is erroneously 
                        removed from or prevented from being added to 
                        the voter registration list, including for 
                        reasons related to--
                                    ``(I) errors or inconsistencies in 
                                data;
                                    ``(II) variations or 
                                inconsistencies in names (including 
                                maiden names, nicknames, and middle 
                                names); and
                                    ``(III) any other immaterial 
                                variation or inconsistency in voter 
                                registration information; and
                            ``(ii) provide an opportunity for voters 
                        who have been erroneously removed from or 
                        prevented from being added to the voter 
                        registration list to be restored or 
                        registered.''.
            (2) Effective date.--The amendments made by paragraph (1) 
        shall take effect January 1, 2008.
    (b) Notice Requirements.--Subtitle C 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. 326. REMOVAL FROM VOTER REGISTRATION LIST.

    ``(a) Public Notice.--Not later than 90 days before any Federal 
election, each State shall publish in a public location and on the 
Internet--
            ``(1) the full name, including middle name and suffix where 
        available, of all voters who have been removed from the voter 
        registration list of such State since the earlier 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, including--
                    ``(A) the procedures implemented by the State for 
                safeguarding incorrect removals under section 
                303(a)(4)(B); and
                    ``(B) the processes under which the State compares 
                names on the voter registration list with the list of 
                names proposed to be removed.
    ``(b) Notice to Voters Before Removal by Reason Other Than a Change 
in Residence.--
            ``(1) In general.--No individual shall be removed from the 
        voter registration list of a State on any ground other than 
        that the individual has changed residence unless such 
        individual is first provided with a written notice to the 
        voter's address on file which meets the requirements of 
        paragraph (2).
            ``(2) Requirements of notice.--The notice required under 
        paragraph (1) shall--
                    ``(A) be provided to each voter in a uniform and 
                nondiscriminatory manner;
                    ``(B) be consistent with the requirements of 
                section 8(d) of the National Voter Registration Act of 
                1993 (42 U.S.C. 1973gg-6(d));
                    ``(C) be in the form and manner prescribed by the 
                Election Assistance Commission; and
                    ``(D) include a clear notice of the reason for 
                which the voter will be removed, an opportunity to cure 
                such removal, and the contact information for the 
                office sending the notice.
    ``(c) Final Notice and Opportunity To Cure Removals by Reason of 
Change in Residence.--
            ``(1) In general.--Notwithstanding section 8(d) of the 
        National Voter Registration Act of 1993 (42 U.S.C. 1973gg-
        6(d)), no individual shall be removed from the voter 
        registration list of a State on the ground that the individual 
        has changed residence unless such individual is first provided 
        with a written notice which meets the requirements of paragraph 
        (3) and an opportunity to cure the removal.
            ``(2) Time for sending notice.--The notice described in 
        paragraph (1) shall not be sent until after such individual--
                    ``(A) has failed to respond to a notice described 
                in section 8(d)(2) of the National Voter Registration 
                Act of 1993 (42 U.S.C. 1973gg-6(d)(2)); and
                    ``(B) has not voted or appeared to vote in an 
                election during the period beginning on the date of the 
                notice described in subparagraph (A) and ending on the 
                day after the date of the second general election for 
                Federal office that occurs after the date of such 
                notice.
            ``(3) Requirements of notice.--The notice required under 
        paragraph (1) shall be in the form and manner prescribed by the 
        Election Assistance Commission and shall include a clear notice 
        of the reason for which the voter will be removed, an 
        opportunity to cure such removal, and the contact information 
        for the office sending the notice.
    ``(d) Effective Date.--Each State shall be required to comply with 
the requirements of this section on and after January 1, 2008.''.

SEC. 307. ELECTION OBSERVERS.

    (a) Required Access by Accredited Election Observers.--Subtitle C 
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. 327. ACCESS BY ACCREDITED ELECTION OBSERVERS.

    ``(a) Access Required.--
            ``(1) In general.--Each State shall promulgate uniform and 
        nondiscriminatory procedures to allow access to polling places 
        for purposes of observing a Federal election to international 
        and domestic election observers who--
                    ``(A) meet the accreditation standards developed by 
                the Commission under section 299A; and
                    ``(B) agree to--
                            ``(i) accept election rules;
                            ``(ii) not interfere with the election 
                        process; and
                            ``(iii) accept the secrecy of the ballot.
            ``(2) Observation of a federal election.--The procedures 
        promulgated under paragraph (1) shall include access to any 
        polling place for the purpose of observing the following:
                    ``(A) Processing of any absentee or provisional 
                ballots in an election for Federal office.
                    ``(B) Counting of votes cast in an election for 
                Federal office.
            ``(3) Public notice of any denial.--The State shall make 
        publicly available a notice of any denial of a request to 
        observe a Federal election under this section. Such notice 
        shall include an explanation of the reasons for the denial and 
        an opportunity to appeal such denial.
    ``(b) Effective Date.--Each State and jurisdiction shall be 
required to comply with the requirements of this section on and after 
the date of the enactment of this section.''.
    (b) Standards.--
            (1) In general.--Subtitle E of title II of such Act, as 
        added by this Act, is amended by adding at the end the 
        following new section:

``SEC. 299A. ACCREDITATION OF ELECTION OBSERVERS.

    ``(a) In General.--The Commission shall develop nondiscriminatory 
and uniform standards for the accreditation of election observers.
    ``(b) Requirements.--Such standards shall provide for the 
accreditation of a wide range of domestic and international observers 
under this section.''.
            (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 299 the following new item:

``Sec. 299A. Accreditation of election observers.''.

SEC. 308. EARLY VOTING.

    (a) In General.--Subtitle C 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. 328. EARLY VOTING.

    ``(a) In General.--Each State shall allow individuals to vote in an 
election for Federal office not less than 15 days prior to the day 
scheduled for such election in the same manner as voting is allowed on 
such day.
    ``(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 uniform hours each day for which such voting 
        occurs.
    ``(c) Effective Date.--The requirements of this section shall apply 
with respect to the regularly scheduled general election for Federal 
office held in November 2008 and each succeeding election for Federal 
office.''.
    (b) Guidance 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. GUIDANCE FOR EARLY VOTING.

    ``The Commission shall issue guidance for the administration of 
voting prior to the day scheduled for a Federal election. Such guidance 
shall include the nondiscriminatory geographic placement of polling 
places at which such voting occurs.''.
            (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 299A the following new item:

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

SEC. 309. REQUIREMENTS FOR COUNTING PROVISIONAL BALLOTS.

    (a) In General.--Section 302 of the Help America Vote Act of 2002 
(42 U.S.C. 15482) is amended by redesignating subsection (d) as 
subsection (e) and by inserting after subsection (c) the following new 
subsection:
    ``(d) Statewide Counting of Provisional Ballots.--For purposes of 
subsection (a)(4), notwithstanding at which polling place a provisional 
ballot is cast within the State, the State shall count such ballot with 
respect to a vote for an election for a Federal office if the 
individual who cast such ballot is otherwise eligible to vote for such 
office and has not voted in that Federal election.''.
    (b) Effective Date.--
            (1) In general.--Subsection (e) of section 302 of the Help 
        America Vote Act of 2002 (42 U.S.C. 15482(e)), as redesignated 
        under subsection (a), is amended by adding at the end the 
        following:
            ``(2) Effective date for statewide counting of provisional 
        ballots.--Each State shall be required to comply with the 
        requirements of subsection (d) on and after the date of the 
        enactment of this section.''.
            (2) Conforming amendment.--Subsection (e) of section 302 of 
        the Help America Vote Act of 2002 (42 U.S.C. 15482(e)), as 
        redesignated under subsection (a), is amended by striking 
        ``Each'' and inserting the following:
            ``(1) In general.--Except as provided in paragraph (2), 
        each''.

SEC. 310. CONFORMING AMENDMENTS.

    (a) Voluntary Guidance.--Section 311 of the Help America Vote Act 
of 2002 (42 U.S.C. 15501) is amended by striking ``subtitle A'' and 
inserting ``subtitles A and C''.
    (b) Enforcement.--Section 401 of the Help America Vote Act of 2002 
(42 U.S.C. 15511), as amended by this Act, is amended by striking ``and 
304'' and inserting ``304, and subtitle C''.
    (c) Clerical Amendment.--The table of contents of the Help America 
Vote Act of 2002 is amended by adding after the item relating to 
section 312 the following:

                 ``Subtitle C--Additional Requirements

``Sec. 321. Absentee voting.
``Sec. 322. Allowance of voter registration assistance.
``Sec. 323. Instruction of poll workers.
``Sec. 324. Equitable allocation of voting systems, poll workers, and 
                            election resources.
``Sec. 325. Prohibition on campaign activities by chief State election 
                            officials.
``Sec. 326. Removal from voter registration list.
``Sec. 327. Access by accredited election observers.
``Sec. 328. Early voting.''.

                Subtitle B--Military and Overseas Voting

SEC. 311. PROHIBITING REFUSAL TO ACCEPT VOTER REGISTRATION AND ABSENTEE 
              BALLOT APPLICATIONS AND FEDERAL WRITE-IN ABSENTEE BALLOT 
              FOR FAILURE TO MEET NONESSENTIAL REQUIREMENTS.

    (a) Voter Registration and Absentee Ballot Applications.--Section 
102 of the Uniformed and Overseas Citizens Absentee Voting Act (42 
U.S.C. 1973ff-1) is amended by adding at the end the following new 
subsection:
    ``(e) Prohibiting Refusal To Accept Applications for Failure To 
Meet Nonessential Requirements.--A State shall accept and process any 
otherwise valid voter registration application or absentee ballot 
application (including the official post card form prescribed under 
section 101) submitted in any manner by an absent uniformed services 
voter or overseas voter that contains the information required on the 
official post card form prescribed under section 101 (other than 
information which the Presidential designee, in consultation with the 
Election Assistance Commission, determines, under regulations 
promulgated by the Presidential designee, is not clearly necessary to 
prevent fraud in the conduct of elections).''.
    (b) Federal Write-In Absentee Ballot.--Section 103 of such Act (42 
U.S.C. 1973ff-2) is amended--
            (1) by redesignating subsection (f) as subsection (g); and
            (2) by inserting after subsection (e) the following new 
        subsection:
    ``(f) Prohibiting Refusal To Accept Ballot for Failure To Meet 
Nonessential Requirements.--A State shall accept and process any 
otherwise valid Federal write-in absentee ballot submitted in any 
manner by an absent uniformed services voter or overseas voter that 
contains the information required to be submitted with such ballot by 
the Presidential designee (other than information which the 
Presidential designee, in consultation with the Election Assistance 
Commission, determines, under regulations promulgated by the 
Presidential designee, is not clearly necessary to prevent fraud in the 
conduct of elections).''.

SEC. 312. FEDERAL WRITE-IN ABSENTEE BALLOTS CAST BY OVERSEAS VOTERS 
              LOCATED IN THE UNITED STATES.

    Section 103(c) of the Uniformed and Overseas Citizens Voting Act 
(42 U.S.C. 1973ff-2(c)) is amended--
            (1) by striking paragraph (1), and
            (2) by redesignating paragraphs (2) and (3) as paragraphs 
        (1) and (2), respectively.
                                 <all>
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