II 

116TH CONGRESS 

1ST SESSION S. 1319 

To establish an Election Security grant program. 

IN THE SENATE OF THE UNITED STATES 

MAY 2, 2019 

Mr. MENENDEZ (for himself, Mr. DURBIN, Mr. BLUMENTHAL, and Ms. 

HIRONO) introduced the following bill; which was read twice and referred 

to the Committee on Rules and Administration 

A BILL 

To establish an Election Security grant program. 

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

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Protecting the Right 

5 to Independent and Democratic Elections Act’’ or the 

6 ‘‘PRIDE Voting Act’’. 

7 SEC. 2. ELECTION SECURITY GRANT PROGRAM. 

8 (a) ESTABLISHMENT.— 

9 (1) IN GENERAL.—There is hereby established 

10 an Election Security grant program (in this section 

11 referred to as the ‘‘program’’) under which the SecVerDate Sep 11 2014 01:54 May 08, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S1319.IS S1319

pamtmann on DSKBFK8HB2PROD with BILLS
2 

•S 1319 IS

1 retary of Homeland Security awards grants to 

2 States to carry out one or more of the following ac3 tivities: 

4 (A) Implementing or improving the use of 

5 auditable paper ballots in accordance with the 

6 requirements of paragraph (2), including the 

7 updating of any voting system in order to im8 plement or improve the use of auditable paper 

9 ballots. 

10 (B) Conducting post-election risk-limiting 

11 audits. 

12 (C) Implementing cybersecurity standards 

13 and best practices developed by the National 

14 Institute of Standards and Technology, includ15 ing frameworks, consistent with section 2(c) of 

16 the National Institute of Standards and Tech17 nology Act (15 U.S.C. 272(c)). In implementing 

18 such standards and best practices, a State 

19 shall, to the extent practicable, utilize CIS Con20 trols from the nonprofit Center for Internet Se21 curity (formerly the 20 Critical Security Con22 trols). 

23 (2) PAPER BALLOT REQUIREMENT.— 

24 (A) VOTER-VERIFIED PAPER BALLOTS.— 

25 The requirements described in this paragraph, 


pamtmann on DSKBFK8HB2PROD with BILLS
3 

•S 1319 IS

1 with respect to the use of paper ballots in a vot2 ing system, are the following: 

3 (i) PAPER BALLOT REQUIREMENT.— 

4 (I) The voting system shall require the use 

5 of an individual, durable, voter-verified, 

6 paper ballot of the voter’s vote that shall 

7 be marked and made available for inspec8 tion and verification by the voter before 

9 the voter’s vote is cast and counted, and 

10 which shall be counted by hand or read by 

11 a digital scanning device or other counting 

12 device. For purposes of this subclause, the 

13 term ‘‘individual, durable, voter-verified, 

14 paper ballot’’ means a paper ballot marked 

15 by the voter by hand or a paper ballot 

16 marked through the use of a nontabulating 

17 ballot marking device or system. 

18 (II) The voting system shall provide 

19 the voter with an opportunity to correct 

20 any error on the paper ballot before the 

21 permanent voter-verified paper ballot is 

22 preserved in accordance with clause (ii). 

23 (III) The voting system shall not pre24 serve the voter-verified paper ballots in any 

25 manner that makes it possible, at any time 


pamtmann on DSKBFK8HB2PROD with BILLS
4 

•S 1319 IS

1 after the ballot has been cast, to associate 

2 a voter with the record of the voter’s vote. 

3 (ii) PRESERVATION AS OFFICIAL

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

6 with clause (i) shall constitute the official 

7 ballot and shall be preserved and used as 

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

10 any election for Federal office in which the 

11 voting system is used. 

12 (iii) MANUAL COUNTING REQUIRE13 MENTS FOR RECOUNTS AND AUDITS.—(I) 

14 Each paper ballot used pursuant to clause 

15 (i) shall be suitable for a manual audit, 

16 and shall be counted by hand in any re17 count or audit conducted with respect to 

18 any election for Federal office. 

19 (II) In the event of any inconsist20 encies or irregularities between any elec21 tronic vote tallies and the vote tallies de22 termined by counting by hand the indi23 vidual, durable, voter-verified, paper ballots 

24 used pursuant to clause (i), and subject to 

25 subparagraph (B), the individual, durable, 


pamtmann on DSKBFK8HB2PROD with BILLS
5 

•S 1319 IS

1 voter-verified, paper ballots shall be the 

2 true and correct record of the votes cast. 

3 (iv) CLARIFICATION REGARDING USE

4 OF GRANT FUNDS.—Grant funds awarded 

5 to the State for the purposes described in 

6 paragraph (1)(A) shall not be used with 

7 respect to any form of remote ballot cast8 ing that results in an electronic trans9 mission of a voted ballot. 

10 (B) SPECIAL RULE FOR TREATMENT OF

11 DISPUTES WHEN PAPER BALLOTS HAVE BEEN

12 SHOWN TO BE COMPROMISED.— 

13 (i) IN GENERAL.—In the event that— 

14 (I) there is any inconsistency be15 tween any electronic vote tallies and 

16 the vote tallies determined by count17 ing by hand the individual, durable, 

18 voter-verified, paper ballots used pur19 suant to subparagraph (A)(i) with re20 spect to any election for Federal of21 fice; and 

22 (II) it is demonstrated by clear 

23 and convincing evidence (as deter24 mined in accordance with the applica25 ble standards in the jurisdiction inVerDate Sep 11 2014 01:54 May 08, 2019 Jkt 089200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S1319.IS S1319

pamtmann on DSKBFK8HB2PROD with BILLS
6 

•S 1319 IS

1 volved) in any recount, audit, or con2 test of the result of the election that 

3 the paper ballots have been com4 promised (by damage or mischief or 

5 otherwise) and that a sufficient num6 ber of the ballots have been so com7 promised that the result of the elec8 tion could be changed, 

9 the determination of the appropriate rem10 edy with respect to the election shall be 

11 made in accordance with applicable State 

12 law, except that the electronic tally shall 

13 not be used as the exclusive basis for de14 termining the official certified result. 

15 (ii) RULE FOR CONSIDERATION OF

16 BALLOTS ASSOCIATED WITH EACH VOTING

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

18 only the paper ballots deemed com19 promised, if any, shall be considered in the 

20 calculation of whether or not the result of 

21 the election could be changed due to the 

22 compromised paper ballots. 

23 (3) OUTSIDE EXPERT SUPPORT.—A State may 

24 use grant funds provided under the program to em25 ploy or contract with entities or individuals with exVerDate Sep 11 2014 01:54 May 08, 2019 Jkt 089200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S1319.IS S1319

pamtmann on DSKBFK8HB2PROD with BILLS
7 

•S 1319 IS

1 pertise in information technology or cybersecurity to 

2 carry out activities under the program. 

3 (b) DURATION.— 

4 (1) INITIAL PERIOD.—Except as provided in 

5 paragraph (2), the program shall be carried out for 

6 a period of 5 years. 

7 (2) ADDITIONAL PERIOD.—The Secretary may 

8 carry out the program for an additional period of 5 

9 years if the Secretary determines, based on the re10 port submitted under subsection (d)(2), that the 

11 program is efficacious and such additional period is 

12 appropriate. 

13 (c) APPLICATION.— 

14 (1) IN GENERAL.—A State desiring a grant 

15 under this section shall submit to the Secretary of 

16 Homeland Security an application at such time, in 

17 such manner, and containing or accompanied by 

18 such information, as the Secretary may reasonably 

19 require. 

20 (2) CONTENTS.—An application submitted 

21 under paragraph (1) shall describe the activities for 

22 which a grant under this section is sought. 

23 (d) REPORTS.— 

24 (1) GRANTEE REPORTING.—Not later than 1 

25 year after the execution of a grant agreement pursuVerDate Sep 11 2014 01:54 May 08, 2019 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S1319.IS S1319

pamtmann on DSKBFK8HB2PROD with BILLS
8 

•S 1319 IS

1 ant to this section, the State shall submit to the Sec2 retary a report on the activities conducted with the 

3 funds provided, including information regarding how 

4 and where such funds were spent and such addi5 tional information as the Secretary determines is ap6 propriate for oversight of the program under this 

7 section. 

8 (2) REPORT TO CONGRESS BY THE SEC9 RETARY.—Not later than 18 months after the date 

10 of enactment of this Act, the Secretary shall submit 

11 to the appropriate Congressional committees a re12 port on the program under this section, together 

13 with recommendations for such legislation and ad14 ministrative action as the Secretary determines ap15 propriate. 

16 (e) INDIAN TRIBE ELIGIBILITY.—An Indian Tribe is 

17 eligible to apply for and receive a grant under this section 

18 in the same manner as a State, except that the Secretary 

19 may adjust any requirement under this section for an In20 dian Tribe to accomplish the purposes of this grant. 

21 (f) DEFINITIONS.—In this section: 

22 (1) APPROPRIATE CONGRESSIONAL COMMIT23 TEES.—The term ‘‘appropriate Congressional com24 mittees’’ means— 


pamtmann on DSKBFK8HB2PROD with BILLS
9 

•S 1319 IS

1 (A) the Committee on Homeland Security 

2 and Governmental Affairs, the majority leader, 

3 and the minority leader of the Senate; and 

4 (B) the Committee on Homeland Security, 

5 the Speaker, and the minority leader of the 

6 House of Representatives. 

7 (2) INDIAN TRIBE.—The term ‘‘Indian Tribe’’ 

8 has the meaning given the term ‘‘Indian tribe’’ in 

9 section 4 of the Indian Self-Determination and Edu10 cation Assistance Act (25 U.S.C. 5304). 

11 (3) RISK-LIMITING AUDIT.—The term ‘‘risk12 limiting audit’’ means an audit protocol that makes 

13 use of statistical methods and is designed to limit to 

14 acceptable levels the risk of certifying a preliminary 

15 election outcome that constitutes an incorrect out16 come. 

17 (4) SECRETARY.—The term ‘‘Secretary’’ means 

18 the Secretary of Homeland Security. 

19 (5) STATE.—The term ‘‘State’’ includes the 

20 District of Columbia, the Commonwealth of Puerto 

21 Rico, Guam, American Samoa, and the United 

22 States Virgin Islands. 

23 (6) VOTING SYSTEM.—The term ‘‘voting sys24 tem’’ has the meaning given that term in section 


pamtmann on DSKBFK8HB2PROD with BILLS
10 

•S 1319 IS

1 301(b) of the Help America Vote Act of 2002 (52 

2 U.S.C. 21081(b)). 

3 (g) AUTHORIZATION OF APPROPRIATIONS.—To carry 

4 out this section, there is authorized to be appropriated 

5 $2,500,000,000 for the period of fiscal years 2020 

6 through 2029. Amounts appropriated under the preceding 

7 sentence shall remain available until expended. 

Æ 


pamtmann on DSKBFK8HB2PROD with BILLS