I 
110TH CONGRESS 
2D SESSION 
H. R. 5036 
To direct the Administrator of General Services to reimburse certain jurisdic-
tions for the costs of obtaining paper ballot voting systems for the 
general elections for Federal office to be held in November 2008, to 
reimburse jurisdictions for the costs incurred in conducting audits or 
hand counting of the results of the general elections for Federal office 
to be held in November 2008, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 17, 2008 
Mr. HOLT (for himself, Mr. TOM DAVIS of Virginia, Mr. WEXLER, Mr. EMAN-
UEL, Mr. CONYERS, Mr. LEWIS of Georgia, Mrs. MALONEY of New York, 
Ms. SCHAKOWSKY, Mr. WAXMAN, Mr. GEORGE MILLER of California, Mr. 
ABERCROMBIE, Mr. INSLEE, Ms. BALDWIN, Mr. FARR, Mr. RYAN of 
Ohio, Mr. HONDA, Mr. DOGGETT, Mr. BLUMENAUER, Mr. HARE, Mr. 
LOEBSACK, Mr. SIRES, Mr. FRANK of Massachusetts, Mr. WEINER, Mr. 
BERMAN, Mr. DEFAZIO, Ms. HIRONO, Mr. GRIJALVA, Mr. DAVIS of Illi-
nois, Mr. ROTHMAN, Mr. OLVER, Mr. FATTAH, Mr. DOYLE, Ms. KAPTUR, 
Ms. WATSON, Mr. HINCHEY, Mr. KLEIN of Florida, and Mr. CROWLEY) 
introduced the following bill; which was referred to the Committee on 
House Administration, and in addition to the Committee on Science and 
Technology, for a period to be subsequently determined by the Speaker, 
in each case for consideration of such provisions as fall within the juris-
diction of the committee concerned 
A BILL 
To direct the Administrator of General Services to reimburse 
certain jurisdictions for the costs of obtaining paper bal-
lot voting systems for the general elections for Federal 
office to be held in November 2008, to reimburse juris-
dictions for the costs incurred in conducting audits or 
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hand counting of the results of the general elections 
for Federal office to be held in November 2008, and 
for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Emergency Assistance 
for Secure Elections Act of 2008’’. 
SEC. 2. PAYMENTS TO CERTAIN JURISDICTIONS CON-
DUCTING 2008 GENERAL ELECTIONS. 
(a) REIMBURSEMENT FOR CONVERSION TO PAPER 
BALLOT VOTING SYSTEM.— 
(1) IN GENERAL.—The Administrator of Gen-
eral Services shall pay to each eligible jurisdiction an 
amount equal to the sum of the following: 
(A) The documented reasonable costs paid 
or incurred by such jurisdiction to replace any 
voting systems used to conduct the general elec-
tions for Federal office held in November 2006 
that did not use or produce a paper ballot 
verified by the voter or a paper ballot printout 
verifiable by the voter at the time the vote is 
cast with paper ballot voting systems. 
(B) The documented reasonable costs paid 
or incurred by such jurisdiction to obtain non- 
tabulating ballot marking devices that are ac-
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cessible for individuals with disabilities in ac-
cordance with the requirements of section 
301(a)(3) of the Help America Vote Act of 
2002. 
(C) The documented reasonable costs paid 
or incurred by such jurisdiction to obtain ballot 
marking stations or voting booths for the pro-
tection of voter privacy. 
(D) The documented reasonable costs paid 
or incurred by such jurisdiction to obtain paper 
ballots. 
(E) The documented reasonable costs paid 
or incurred by such jurisdiction to obtain pre-
cinct-based equipment that tabulates paper bal-
lots or scans paper ballots. 
(F) The documented reasonable adminis-
trative costs paid or incurred by such jurisdic-
tion that are associated with meeting the re-
quirements for an eligible jurisdiction. 
(2) ELIGIBLE JURISDICTION DEFINED.—In this 
subsection, an ‘‘eligible jurisdiction’’ means a juris-
diction that submits to the Administrator (and, in 
the case of a county or equivalent jurisdiction, pro-
vides a copy to the State), at such time and in such 
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form as the Administrator may require, an applica-
tion containing— 
(A) assurances that the jurisdiction con-
ducted regularly scheduled general elections for 
Federal office in November 2006 using (in 
whole or in part) a voting system that did not 
use or produce a paper ballot verified by the 
voter or a paper ballot printout verifiable by the 
voter at the time the vote is cast; 
(B) assurances that the jurisdiction will 
conduct the regularly scheduled general elec-
tions for Federal office to be held in November 
2008 using only paper ballot voting systems; 
(C) assurances that the jurisdiction has 
obtained or will obtain a sufficient number of 
non-tabulating ballot marking devices that are 
accessible for individuals with disabilities in ac-
cordance with the requirements of section 
301(a)(3) of the Help America Vote Act of 
2002; 
(D) assurances that the jurisdiction has 
obtained or will obtain a sufficient number of 
ballot marking stations or voting booths for the 
protection of voter privacy; 
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(E) assurances that the jurisdiction has 
obtained or will obtain a sufficient number of 
paper ballots; 
(F) such information and assurances as 
the Administrator may require to make the de-
terminations under paragraph (1); and 
(G) such other information and assurances 
as the Administrator may require. 
(3) DETERMINATIONS OF REASONABLENESS OF 
COSTS.—The determinations under paragraph (1) of 
whether costs paid or incurred by a jurisdiction are 
reasonable shall be made by the Administrator in 
consultation with the Election Assistance Commis-
sion. 
(4) PAPER
BALLOT
VOTING
SYSTEM
DE-
FINED.—In this subsection, a ‘‘paper ballot voting 
system’’ means a voting system that uses a paper 
ballot marked by the voter by hand or a paper ballot 
marked by the voter with the assistance of a non- 
tabulating ballot marking device described in para-
graph (1)(B). 
(b) REIMBURSEMENT
FOR PROVISION
OF EMER-
GENCY PAPER BALLOTS BY JURISDICTIONS USING DI-
RECT RECORDING ELECTRONIC VOTING SYSTEMS.— 
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(1) IN GENERAL.—The Administrator shall pay 
to each eligible jurisdiction an amount equal to the 
documented reasonable costs paid or incurred by 
such jurisdiction to obtain, deploy, and tabulate 
emergency paper ballots (and related supplies and 
equipment) that may be used in the event of the fail-
ure of a direct recording electronic voting system in 
the regularly scheduled general elections for Federal 
office to be held in November 2008. 
(2) ELIGIBLE JURISDICTION DEFINED.—In this 
subsection, an ‘‘eligible jurisdiction’’ means a juris-
diction that submits to the Administrator (and, in 
the case of a county or equivalent jurisdiction, pro-
vides a copy to the State), at such time and in such 
form as the Administrator may require, an applica-
tion containing— 
(A) assurances that the jurisdiction will 
post, in a conspicuous manner at all polling 
places at which a direct recording electronic 
voting system will be used in such elections, a 
notice stating that emergency paper ballots are 
available at the polling place and that a voter 
is entitled to use such a ballot upon the failure 
of a voting system; 
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(B) assurances that the jurisdiction counts 
each such emergency paper ballot cast by a 
voter as a regular ballot cast in the election, 
and does not treat it (for eligibility purposes) as 
a provisional ballot under section 302(a) of the 
Help America Vote Act of 2002, unless the in-
dividual casting the ballot would have otherwise 
been required to cast a provisional ballot; 
(C) such information and assurances as 
the Administrator may require to make the de-
terminations under paragraph (1); and 
(D) such other information and assurances 
as the Administrator may require. 
(3) DETERMINATION OF REASONABLENESS OF 
COSTS.—The determinations under paragraph (1) of 
whether costs paid or incurred by a jurisdiction are 
reasonable shall be made by the Administrator in 
consultation with the Election Assistance Commis-
sion. 
(c) AMOUNTS.—There are authorized to be appro-
priated to the Administrator $500,000,000 for payments 
under this section. Any amounts appropriated pursuant 
to the authorization under this subsection shall remain 
available until expended. 
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SEC. 3. PAYMENTS FOR CONDUCTING MANUAL AUDITS OF 
RESULTS OF 2008 GENERAL ELECTIONS. 
(a) PAYMENTS.— 
(1) ELIGIBILITY FOR PAYMENTS.—If a State, 
county, or equivalent location conducts manual au-
dits of the results of any of the regularly scheduled 
general elections for Federal office in November 
2008 (and, at the option of the State or jurisdiction 
involved, conducts audits of elections for State and 
local office and State and local ballot initiatives and 
referenda held at the same time as such election) in 
accordance with the requirements of this section, the 
Administrator shall make a payment to the State, 
county, or equivalent location in an amount equal to 
the documented reasonable costs incurred by the 
State, county, or equivalent location in conducting 
the audits. 
(2) CERTIFICATION
OF
COMPLIANCE
AND 
COSTS.— 
(A) CERTIFICATION REQUIRED.—In order 
to receive a payment under this section, a 
State, county, or equivalent location shall sub-
mit to the Administrator (and, in the case of a 
county or equivalent jurisdiction, shall provide a 
copy to the State), in such form as the Admin-
istrator may require, a statement containing— 
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(i) a certification that the State, coun-
ty, or equivalent location conducted the au-
dits in accordance with all of the require-
ments of this section; 
(ii) a statement of the reasonable 
costs incurred by the State, county, or 
equivalent location in conducting the au-
dits; and 
(iii) such other information and assur-
ances as the Administrator may require. 
(B) AMOUNT OF PAYMENT.—The amount 
of a payment made to a State, county, or equiv-
alent location under this section shall be equal 
to the reasonable costs incurred by the State, 
county, or equivalent location in conducting the 
audits. 
(C) DETERMINATION OF REASONABLENESS 
OF
COSTS.—The determinations under this 
paragraph of whether costs incurred by a State, 
county, or equivalent location are reasonable 
shall be made by the Administrator in consulta-
tion with the Election Assistance Commission. 
(3) TIMING OF PAYMENTS.—The Administrator 
shall make the payment required under this section 
to a State, county, or equivalent location not later 
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than 30 days after receiving the statement sub-
mitted by the State, county, or equivalent location 
under paragraph (2). 
(4) AUTHORIZATION
OF
APPROPRIATIONS.— 
There are authorized to be appropriated to the Ad-
ministrator $100,000,000 for payments under this 
section. Any amounts appropriated pursuant to the 
authorization under this subsection shall remain 
available until expended. 
(b) AUDITS DESCRIBED.— 
(1) IN GENERAL.—An audit conducted in ac-
cordance with this section is an audit administered 
by a State, county, or equivalent location, without 
advance selection of the precincts or notice of the 
precincts selected, consisting of the random selection 
of precincts or alternative audit units to be audited 
and hand counting of the votes cast on the paper 
ballots used in the election (including paper ballot 
printouts verifiable by the voter at the time the vote 
is cast) attributable to those precincts or alternative 
audit units, and the comparison of the results of 
those hand counts with the corresponding final unof-
ficial vote count (as defined by the State, county, or 
equivalent location) of the votes cast in the election. 
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(2) COMPLETENESS.—With respect to each pre-
cinct or alternative audit unit audited in accordance 
with the method selected under subsection (c)(2), 
the State, county, or equivalent location shall ensure 
that a voter verified paper ballot or paper ballot 
printout verifiable by the voter at the time the vote 
is cast is available for every vote cast in the precinct 
or alternative audit unit, and that the tally produced 
by counting all of those paper ballots by hand is 
compared with the corresponding final unofficial 
vote count (as defined by the State, county, or 
equivalent location) announced with respect to that 
precinct or audit unit in the election. 
(3) DETERMINATION OF ENTITY CONDUCTING 
AUDITS; INDEPENDENCE STANDARDS.—An audit ad-
ministered by a State, county, or equivalent location 
in accordance with this section shall be overseen by 
an entity selected for such purpose by the State, 
county, or equivalent location in accordance with 
such criteria as the State, county, or equivalent loca-
tion considers appropriate consistent with the re-
quirements of this section, except that the entity 
must meet a general standard of independence as 
defined by the State, county, or equivalent location. 
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(4) REFERENCES TO ELECTION AUDITOR.—In 
this section, the term ‘‘Election Auditor’’ means, 
with respect to a State, county, or equivalent loca-
tion, the entity selected by the State, county, or 
equivalent location under paragraph (3). 
(c) NUMBER
OF
BALLOTS
COUNTED
UNDER 
AUDIT.— 
(1) IN
GENERAL.—The hand counts of the 
paper ballots administered by the Election Auditor 
of a State, county, or equivalent location under this 
section with respect to an election shall occur in at 
least 3 percent of all precincts or equivalent loca-
tions (or alternative audit units used in accordance 
with the method provided for under paragraph (2)) 
in which ballots were cast in the election. 
(2) USE OF ALTERNATIVE SAMPLING MECHA-
NISM.—Notwithstanding paragraph (1) (and subject 
to the completeness requirement set forth in sub-
section (b)(2)), a State, county, or equivalent loca-
tion may adopt and apply an alternative sampling 
mechanism to determine the number of paper ballots 
which will be subject to hand counts in accordance 
with this section with respect to an election, so long 
as the alternative sampling mechanism uses the 
paper ballots verified by voters or paper ballot print-
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