SEC. 2. VOLUNTARY GUIDELINES WITH RESPECT TO NON-
VOTING ELECTION TECHNOLOGY. 
(a) ADOPTION
OF
VOLUNTARY
GUIDELINES
BY 
ELECTION ASSISTANCE COMMISSION.— 
(1) ADOPTION OF GUIDELINES.—Title II of the 
Help America Vote Act of 2002 (52 U.S.C. 20921 
et seq.) is amended by adding at the end the fol-
lowing new subtitle: 
‘‘Subtitle E—Voluntary Guidelines 
for Use of Nonvoting Election 
Technology 
‘‘SEC. 298. ADOPTION OF VOLUNTARY GUIDELINES BY COM-
MISSION. 
‘‘(a) ADOPTION.—The Commission shall adopt vol-
untary guidelines for election officials on the use of non-
voting election technology, taking into account the rec-
ommendations of the Standards Board under section 
298A. 
‘‘(b) REVIEW.—The Commission shall review the 
guidelines adopted under this subtitle not less frequently 
than once every 4 years, and may adopt revisions to the 
guidelines as it considers appropriate. 
‘‘(c) PROCESS FOR ADOPTION.—The adoption of the 
voluntary guidelines under this subtitle shall be carried 
out by the Commission in a manner that provides for each 
of the following: 
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‘‘(1) Publication of notice of the proposed 
guidelines in the Federal Register. 
‘‘(2) An opportunity for public comment on the 
proposed guidelines. 
‘‘(3) An opportunity for a public hearing on the 
record. 
‘‘(4) Publication of the final recommendations 
in the Federal Register. 
‘‘(d) DEADLINE FOR INITIAL SET OF GUIDELINES.— 
The Commission shall adopt the initial set of voluntary 
guidelines under this section not later than December 31, 
2026. 
‘‘SEC. 298A. ROLE OF STANDARDS BOARD. 
‘‘(a) DUTIES.—The Standards Board shall assist the 
Commission in the adoption of voluntary guidelines under 
section 298, including by providing the Commission with 
recommendations on appropriate standards for the use of 
nonvoting election technology, including standards to en-
sure the security and accuracy, and promote the usability, 
of such technology, and by conducting a review of existing 
State programs with respect to the testing of nonvoting 
election technology. 
‘‘(b) SOURCES OF ASSISTANCE.— 
‘‘(1) CERTAIN MEMBERS OF TECHNICAL GUIDE-
LINES
DEVELOPMENT
COMMITTEE.—The following 
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members of the Technical Guidelines Development 
Committee under section 221 shall assist the Stand-
ards Board in carrying out its duties under this sec-
tion: 
‘‘(A) The Director of the National Insti-
tute of Standards and Technology. 
‘‘(B) The representative of the American 
National Standards Institute. 
‘‘(C) The representative of the Institute of 
Electrical and Electronics Engineers. 
‘‘(D) The 4 members of the Technical 
Guidelines Development Committee appointed 
under subsection (c)(1)(E) of such section as 
the other individuals with technical and sci-
entific expertise relating to voting systems and 
voting equipment. 
‘‘(2) DETAILEE
FROM
CISA.—The Executive 
Board of the Standards Board may request the Di-
rector of the Cybersecurity and Infrastructure Secu-
rity Agency of the Department of Homeland Secu-
rity to provide a detailee to assist the Standards 
Board in carrying out its duties under this section, 
so long as such detailee has no involvement in the 
drafting of any of the voluntary guidelines. 
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‘‘SEC. 298B. USE OF PAYMENTS TO OBTAIN OR UPGRADE 
TECHNOLOGY. 
‘‘A State may use funds provided under any law for 
activities to improve the administration of elections for 
Federal office, including to enhance election technology 
and make election security improvements, to obtain non-
voting election technology which is in compliance with the 
voluntary guidelines adopted under section 298 or to up-
grade nonvoting election technology so that the technology 
is in compliance with such guidelines, and may, notwith-
standing any other provision of law, use any unobligated 
grant funding provided to the State by the Election Assist-
ance Commission from amounts appropriated under the 
heading 
‘Independent 
Agencies—Election 
Assistance 
Commission—Election Security Grants’ in title V of divi-
sion C of the Consolidated Appropriations Act, 2020 (Pub-
lic Law 116–93) for the purposes of enhancing election 
technology and making election security improvements 
until December 31, 2024. 
‘‘SEC. 298C. NONVOTING ELECTION TECHNOLOGY DEFINED. 
‘‘In this subtitle, the term ‘nonvoting election tech-
nology’ means technology used in the administration of 
elections for Federal office which is not used directly in 
the casting, counting, tabulating, or collecting of ballots 
or votes, including each of the following: 
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‘‘(1) Electronic pollbooks or other systems used 
to check in voters at a polling place or verify a vot-
er’s identification. 
‘‘(2) Election result reporting systems. 
‘‘(3) Electronic ballot delivery systems. 
‘‘(4) Online voter registration systems. 
‘‘(5) Polling place location search systems. 
‘‘(6) Sample ballot portals. 
‘‘(7) Signature systems. 
‘‘(8) Such other technology as may be rec-
ommended for treatment as nonvoting election tech-
nology as the Standards Board may recommend.’’. 
(2) CLERICAL AMENDMENT.—The table of con-
tents of such Act is amended by adding at the end 
of the items relating to title II the following: 
‘‘Subtitle E—Voluntary Guidelines for Use of Nonvoting Election Technology 
‘‘Sec. 298. Adoption of voluntary guidelines by Commission. 
‘‘Sec. 298A. Role of Standards Board. 
‘‘Sec. 298B. Use of payments to obtain or upgrade technology. 
‘‘Sec. 298C. Nonvoting election technology defined.’’. 
(b) TREATMENT OF TECHNOLOGY USED IN MOST 
RECENT ELECTION.—Any nonvoting election technology, 
as defined in section 298C of the Help America Vote Act 
of 2002 (as added by subsection (a)(1)), which a State 
used in the most recent election for Federal office held 
in the State prior to the date of the enactment of this 
Act shall be deemed to be in compliance with the voluntary 
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guidelines on the use of such technology which are adopted 
by the Election Assistance Commission under section 298 
of such Act (as added by subsection (a)(1)). 
Æ 
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