135 
percent of the number of partially non-
compliant precincts in all States. 
‘‘(B) 
NONCOMPLIANT
PRECINCT
DE-
FINED.—In this paragraph, a ‘noncompliant 
precinct’ means any precinct (or equivalent lo-
cation) within a State for which the voting sys-
tem used to administer the regularly scheduled 
general election for Federal office held in No-
vember 2016 did not meet either of the require-
ments described in subparagraph (D). 
‘‘(C) PARTIALLY
NONCOMPLIANT
PRE-
CINCT
DEFINED.—In this paragraph, a ‘par-
tially noncompliant precinct’ means any pre-
cinct (or equivalent location) within a State for 
which the voting system used to administer the 
regularly scheduled general election for Federal 
office held in November 2016 met only one of 
the requirements described in subparagraph 
(D). 
‘‘(D) REQUIREMENTS
DESCRIBED.—The 
requirements described in this subparagraph 
with respect to a voting system are as follows: 
‘‘(i) The primary voting system re-
quired the use of durable paper ballots (as 
described in section 301(a)(2)(A)(i)(I) and 
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136 
301(a)(11)(A), as amended or added by 
the Voter Confidence and Increased Acces-
sibility Act of 2013) for every vote cast. 
‘‘(ii) The voting system allowed the 
voter to privately and independently verify 
the permanent paper ballot through the 
presentation of the same printed or 
marked information used for vote counting 
and auditing and to privately and inde-
pendently cast the permanent paper ballot 
without handling the ballot manually.’’. 
(c) 
REVISED
CONDITIONS
FOR
RECEIPT
OF 
FUNDS.—Section 253 of such Act (42 U.S.C. 15403) is 
amended— 
(1) in subsection (a), by striking ‘‘A State is el-
igible’’ and inserting ‘‘Except as provided in sub-
section (f), a State is eligible’’; and 
(2) by adding at the end the following new sub-
section: 
‘‘(f) SPECIAL RULE FOR PAYMENTS USED TO MEET 
REQUIREMENTS IMPOSED UNDER VOTER CONFIDENCE 
AND INCREASED ACCESSIBILITY ACT OF 2013.— 
‘‘(1) IN GENERAL.—Notwithstanding any other 
provision of this part, a State is eligible to receive 
a requirements payment under the authorization 
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137 
made by section 257(a)(5) for fiscal year 2018 or 
any fiscal year thereafter if, not later than 90 days 
after the date of the enactment of the Voter Con-
fidence and Increased Accessibility Act of 2013, the 
chief executive officer of the State, or designee, in 
consultation and coordination with the chief State 
election official— 
‘‘(A) certifies to the Commission the num-
ber of noncompliant and partially noncompliant 
precincts in the State (as defined in section 
252(b)(2)); 
‘‘(B) certifies to the Commission that the 
State will reimburse each unit of local govern-
ment in the State for any costs the unit incurs 
in carrying out the activities for which the pay-
ment may be used; and 
‘‘(C) files a statement with the Commis-
sion describing the State’s need for the pay-
ment and how the State will use the payment 
to meet the requirements of title III (in accord-
ance with the limitations applicable to the use 
of the payment under section 257(a)(5)). 
‘‘(2) CERTIFICATIONS
BY
STATES
THAT
RE-
QUIRE CHANGES TO STATE LAW.—In the case of a 
State that requires State legislation to carry out any 
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138 
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.’’. 
(d) PERMITTING USE OF FUNDS FOR REIMBURSE-
MENT
FOR
COSTS
PREVIOUSLY
INCURRED.—Section 
251(c)(1) of such Act (42 U.S.C. 15401(c)(1)) is amended 
by striking the period at the end and inserting the fol-
lowing: ‘‘, or as a reimbursement for any costs incurred 
after November 2016 in meeting the requirements of title 
III which are imposed pursuant to the amendments made 
by title I of the Voter Confidence and Increased Accessi-
bility Act of 2013 or in otherwise upgrading or replacing 
voting systems in a manner consistent with such amend-
ments (so long as the voting systems meet any of the re-
quirements that apply with respect to elections for Federal 
office held in 2020 and each succeeding year).’’. 
(e) RULE OF CONSTRUCTION REGARDING STATES 
RECEIVING
OTHER
FUNDS
FOR
REPLACING
PUNCH 
CARD, LEVER, OR OTHER VOTING MACHINES.—Nothing 
in the amendments made by this section or in any other 
provision of the Help America Vote Act of 2002 may be 
construed to prohibit a State which received or was au-
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139 
thorized to receive a payment under title I or II of such 
Act for replacing punch card, lever, or other voting ma-
chines from receiving or using any funds which are made 
available under the amendments made by this section. 
(f) RULE OF CONSTRUCTION REGARDING USE OF 
FUNDS RECEIVED IN PRIOR YEARS.— 
(1) IN GENERAL.—Nothing contained in this 
Act or the Help America Vote Act of 2002 may be 
construed to prohibit a State from using funds re-
ceived under title I or II of the Help America Vote 
Act of 2002 to purchase or acquire by other means 
a voting system that meets the requirements of 
paragraphs (2) and (3) of section 301 of the Help 
America Vote Act of 2002 (as amended by this Act) 
in order to replace voting systems purchased with 
funds received under the Help America Vote Act of 
2002 that do not meet such requirements. 
(2) WAIVER
OF
NOTICE
AND
COMMENT
RE-
QUIREMENTS.—The requirements of subparagraphs 
(A), (B), and (C) of section 254(a)(11) of the Help 
America Vote Act of 2002 shall not apply to any 
State using funds received under such Act for the 
purposes described in subparagraph (A) or (B) of 
paragraph (1). 
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140 
(g) EFFECTIVE DATE.—The amendments made by 
this section shall apply with respect to fiscal years begin-
ning with fiscal year 2018. 
SEC. 605. EFFECTIVE DATE FOR NEW REQUIREMENTS. 
Section 301(d) of the Help America Vote Act of 2002 
(42 U.S.C. 15481(d)) is amended to read as follows: 
‘‘(d) EFFECTIVE DATE.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), each State and jurisdiction shall be re-
quired to comply with the requirements of this sec-
tion on and after January 1, 2006. 
‘‘(2) SPECIAL
RULE
FOR
CERTAIN
REQUIRE-
MENTS.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraphs (B) and (C), the requirements of 
this section which are first imposed on a State 
and jurisdiction pursuant to the amendments 
made by title I of the Voter Confidence and In-
creased Accessibility Act of 2013 shall apply 
with respect to voting systems used for any 
election for Federal office held in 2018 or any 
succeeding year. 
‘‘(B) DELAY
FOR
JURISDICTIONS
USING 
CERTAIN PAPER RECORD PRINTERS OR CERTAIN 
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141 
SYSTEMS
USING
OR
PRODUCING
VOTER- 
VERIFIABLE PAPER RECORDS IN 2016.— 
‘‘(i) DELAY.—In the case of a juris-
diction described in clause (ii), subpara-
graph (A) shall apply to a voting system in 
the jurisdiction as if the reference in such 
subparagraph to ‘2018’ were a reference to 
‘2020’, but only with respect to the fol-
lowing requirements of this section: 
‘‘(I) Paragraph (2)(A)(i)(I) of 
subsection (a) (relating to the use of 
voter-marked paper ballots). 
‘‘(II) Paragraph (3)(B)(ii) (I) 
and (II) of subsection (a) (relating to 
access to verification from and casting 
of the durable paper ballot). 
‘‘(III) Paragraph (11) of sub-
section (a) (relating to durability and 
readability requirements for ballots). 
‘‘(ii) JURISDICTIONS
DESCRIBED.—A 
jurisdiction described in this clause is a ju-
risdiction— 
‘‘(I) which used voter verifiable 
paper record printers attached to di-
rect recording electronic voting ma-
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142 
chines, or which used other voting 
systems that used or produced paper 
records of the vote verifiable by voters 
but that are not in compliance with 
paragraphs (2)(A)(i)(I), (3)(B)(ii) (I) 
and (II), and (11) of subsection (a) 
(as amended or added by the Voter 
Confidence and Increased Accessibility 
Act of 2013), for the administration 
of the regularly scheduled general 
election for Federal office held in No-
vember 2016; and 
‘‘(II) which will continue to use 
such printers or systems for the ad-
ministration of elections for Federal 
office held in years before 2020. 
‘‘(iii) MANDATORY
AVAILABILITY
OF 
PAPER
BALLOTS
AT
POLLING
PLACES 
USING
GRANDFATHERED
PRINTERS
AND 
SYSTEMS.— 
‘‘(I) REQUIRING BALLOTS TO BE 
OFFERED
AND
PROVIDED.—The ap-
propriate election official at each poll-
ing place that uses a printer or sys-
tem described in clause (ii)(I) for the 
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143 
administration of elections for Federal 
office shall offer each individual who 
is eligible to cast a vote in the election 
at the polling place the opportunity to 
cast the vote using a blank pre-print-
ed paper ballot which the individual 
may mark by hand and which is not 
produced by the direct recording elec-
tronic voting machine or other such 
system. The official shall provide the 
individual with the ballot and the sup-
plies necessary to mark the ballot, and 
shall ensure (to the greatest extent 
practicable) that the waiting period 
for the individual to cast a vote is the 
lesser of 30 minutes or the average 
waiting period for an individual who 
does not agree to cast the vote using 
such a paper ballot under this clause. 
‘‘(II) TREATMENT OF BALLOT.— 
Any paper ballot which is cast by an 
individual under this clause shall be 
counted and otherwise treated as a 
regular ballot for all purposes (includ-
ing by incorporating it into the final 
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144 
unofficial vote count (as defined by 
the State) for the precinct) and not as 
a provisional ballot, unless the indi-
vidual casting the ballot would have 
otherwise been required to cast a pro-
visional ballot. 
‘‘(III) POSTING
OF
NOTICE.— 
The appropriate election official shall 
ensure there is prominently displayed 
at each polling place a notice that de-
scribes the obligation of the official to 
offer individuals the opportunity to 
cast votes using a pre-printed blank 
paper ballot. 
‘‘(IV) TRAINING
OF
ELECTION 
OFFICIALS.—The chief State election 
official shall ensure that election offi-
cials at polling places in the State are 
aware of the requirements of this 
clause, including the requirement to 
display a notice under subclause (III), 
and are aware that it is a violation of 
the requirements of this title for an 
election official to fail to offer an indi-
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145 
vidual the opportunity to cast a vote 
using a blank pre-printed paper ballot. 
‘‘(V) 
PERIOD
OF
APPLICA-
BILITY.—The requirements of this 
clause apply only during the period in 
which the delay is in effect under 
clause (i). 
‘‘(C) SPECIAL
RULE
FOR
JURISDICTIONS 
USING
CERTAIN
NONTABULATING
BALLOT 
MARKING DEVICES.—In the case of a jurisdic-
tion which uses a nontabulating ballot marking 
device which automatically deposits the ballot 
into a privacy sleeve, subparagraph (A) shall 
apply to a voting system in the jurisdiction as 
if the reference in such subparagraph to ‘any 
election for Federal office held in 2018 or any 
succeeding year’ were a reference to ‘elections 
for Federal office occurring held in 2020 or 
each succeeding year’, but only with respect to 
paragraph (3)(B)(ii)(II) of subsection (a) (re-
lating to nonmanual casting of the durable 
paper ballot).’’. 
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146 
Subtitle B—Requirement for Man-
datory Manual Audits by Hand 
Count 
SEC. 611. MANDATORY MANUAL AUDITS. 
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—Mandatory Manual 
Audits 
‘‘SEC. 321. REQUIRING AUDITS OF RESULTS OF ELECTIONS. 
‘‘(a) REQUIRING AUDITS.— 
‘‘(1) IN
GENERAL.—In accordance with this 
subtitle, each State shall administer, without ad-
vance notice to the precincts or alternative audit 
units selected, audits of the results of all elections 
for Federal office held in the State (and, at the op-
tion of the State or jurisdiction involved, of elections 
for State and local office held at the same time as 
such election) consisting of random hand counts of 
the voter-verified paper ballots required to be used 
and preserved pursuant to section 301(a)(2). 
‘‘(2) EXCEPTION FOR CERTAIN ELECTIONS.—A 
State shall not be required to administer an audit of 
the results of an election for Federal office under 
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147 
this subtitle if the winning candidate in the elec-
tion— 
‘‘(A) had no opposition on the ballot; or 
‘‘(B) received 80 percent or more of the 
total number of votes cast in the election, as de-
termined on the basis of the final unofficial vote 
count. 
‘‘(b) DETERMINATION OF ENTITY CONDUCTING AU-
DITS; APPLICATION
OF GAO INDEPENDENCE STAND-
ARDS.—The State shall administer audits under this sub-
title through an entity selected for such purpose by the 
State in accordance with such criteria as the State con-
siders appropriate consistent with the requirements of this 
subtitle, except that the entity must meet the general 
standards established by the Comptroller General and as 
set forth in the Comptroller General’s Government Audit-
ing Standards to ensure the independence (including, ex-
cept as provided under section 323(b), the organizational 
independence) of entities performing financial audits, at-
testation engagements, and performance audits. 
‘‘(c) REFERENCES TO ELECTION AUDITOR.—In this 
subtitle, the term ‘Election Auditor’ means, with respect 
to a State, the entity selected by the State under sub-
section (b). 
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148 
‘‘SEC. 322. NUMBER OF BALLOTS COUNTED UNDER AUDIT. 
‘‘(a) IN GENERAL.—Except as provided in subsection 
(b), the number of voter-verified paper ballots which will 
be subject to a hand count administered by the Election 
Auditor of a State under this subtitle with respect to an 
election shall be determined as follows: 
‘‘(1) In the event that the unofficial count as 
described in section 323(a)(1) reveals that the mar-
gin of victory between the two candidates receiving 
the largest number of votes in the election is less 
than 1 percent of the total votes cast in that elec-
tion, the hand counts of the voter-verified paper bal-
lots shall occur in at least 10 percent of all precincts 
or equivalent locations (or alternative audit units 
used in accordance with the method provided for 
under subsection (b)) in the Congressional district 
involved (in the case of an election for the House of 
Representatives) or the State (in the case of any 
other election for Federal office). 
‘‘(2) In the event that the unofficial count as 
described in section 323(a)(1) reveals that the mar-
gin of victory between the two candidates receiving 
the largest number of votes in the election is greater 
than or equal to 1 percent but less than 2 percent 
of the total votes cast in that election, the hand 
counts of the voter-verified paper ballots shall occur 
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149 
in at least 5 percent of all precincts or equivalent lo-
cations (or alternative audit units used in accord-
ance with the method provided for under subsection 
(b)) in the Congressional district involved (in the 
case of an election for the House of Representatives) 
or the State (in the case of any other election for 
Federal office). 
‘‘(3) In the event that the unofficial count as 
described in section 323(a)(1) reveals that the mar-
gin of victory between the two candidates receiving 
the largest number of votes in the election is equal 
to or greater than 2 percent of the total votes cast 
in that election, the hand counts of the voter-verified 
paper ballots shall occur in at least 3 percent of all 
precincts or equivalent locations (or alternative audit 
units used in accordance with the method provided 
for under subsection (b)) in the Congressional dis-
trict involved (in the case of an election for the 
House of Representatives) or the State (in the case 
of any other election for Federal office). 
‘‘(b) USE OF ALTERNATIVE MECHANISM.— 
‘‘(1) PERMITTING USE OF ALTERNATIVE MECH-
ANISM.—Notwithstanding subsection (a), a State 
may adopt and apply an alternative mechanism to 
determine the number of voter-verified paper ballots 
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150 
which will be subject to the hand counts required 
under this subtitle with respect to an election, so 
long as the alternative mechanism uses the voter- 
verified paper ballots to conduct the audit and the 
National Institute of Standards and Technology de-
termines that the alternative mechanism is in ac-
cordance with the principles set forth in paragraph 
(2). 
‘‘(2) PRINCIPLES FOR APPROVAL.—In approv-
ing an alternative mechanism under paragraph (1), 
the National Institute of Standards and Technology 
shall ensure that the audit procedure will have the 
property that for each election— 
‘‘(A) the alternative mechanism will be at 
least as statistically effective in ensuring the ac-
curacy of the election results as the procedures 
under this subtitle; or 
‘‘(B) 
the 
alternative 
mechanism 
will 
achieve at least a 95% confidence interval (as 
determined in accordance with criteria set forth 
by the National Institute of Standards and 
Technology) with respect to the outcome of the 
election. 
‘‘(3) DEADLINE FOR RESPONSE.—The Director 
of the National Institute of Standards and Tech-
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151 
nology shall make a determination regarding a 
State’s request to approve an alternative mechanism 
under paragraph (1) not later than 30 days after re-
ceiving the State’s request. 
‘‘SEC. 323. PROCESS FOR ADMINISTERING AUDITS. 
‘‘(a) IN GENERAL.—The Election Auditor of a State 
shall administer an audit under this section of the results 
of an election in accordance with the following procedures: 
‘‘(1) Within 24 hours after the State announces 
the final unofficial vote count (as defined by the 
State) in each precinct in the State, the Election 
Auditor shall— 
‘‘(A) determine and then announce the 
precincts or equivalent locations (or alternative 
audit units used in accordance with the method 
provided under section 322(b)) in the State in 
which it will administer the audits; and 
‘‘(B) with respect to votes cast at the pre-
cinct or equivalent location on or before the 
date of the election (other than provisional bal-
lots described in paragraph (2)), begin to ad-
minister the hand count of the votes on the 
voter-verified paper ballots required to be used 
and preserved under section 301(a)(2)(A) and 
the comparison of the count of the votes on 
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152 
those ballots with the final unofficial count of 
such votes as announced by the State. 
‘‘(2) With respect to votes cast other than at 
the precinct on the date of the election (other than 
votes cast before the date of the election described 
in paragraph (2)) or votes cast by provisional ballot 
on the date of the election which are certified and 
counted by the State on or after the date of the elec-
tion, including votes cast by absent uniformed serv-
ices voters and overseas voters under the Uniformed 
and Overseas Citizens Absentee Voting Act, the 
Election Auditor shall administer the hand count of 
the votes on the applicable voter-verified paper bal-
lots required to be produced and preserved under 
section 301(a)(2)(A) and the comparison of the 
count of the votes on those ballots with the final un-
official count of such votes as announced by the 
State. 
‘‘(b) USE OF PERSONNEL.—In administering the au-
dits, the Election Auditor may utilize the services of the 
personnel of the State or jurisdiction, including election 
administration personnel and poll workers, without regard 
to whether or not the personnel have professional auditing 
experience. 
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153 
‘‘(c) LOCATION.—The Election Auditor shall admin-
ister an audit of an election— 
‘‘(1) at the location where the ballots cast in 
the election are stored and counted after the date of 
the election or such other appropriate and secure lo-
cation agreed upon by the Election Auditor and the 
individual that is responsible under State law for the 
custody of the ballots; and 
‘‘(2) in the presence of the personnel who under 
State law are responsible for the custody of the bal-
lots. 
‘‘(d) SPECIAL RULE IN CASE OF DELAY IN REPORT-
ING ABSENTEE VOTE COUNT.—In the case of a State in 
which the final count of absentee and provisional votes is 
not announced until after the date of the election, the 
Election Auditor shall initiate the process described in 
subsection (a) for administering the audit not later than 
24 hours after the State announces the final unofficial 
vote count for the votes cast at the precinct or equivalent 
location on or before the date of the election, and shall 
initiate the administration of the audit of the absentee and 
provisional votes pursuant to subsection (a)(2) not later 
than 24 hours after the State announces the final unoffi-
cial count of such votes. 
‘‘(e) ADDITIONAL AUDITS IF CAUSE SHOWN.— 
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154 
‘‘(1) IN
GENERAL.—If the Election Auditor 
finds that any of the hand counts administered 
under this section do not match the final unofficial 
tally of the results of an election, the Election Audi-
tor shall administer hand counts under this section 
of such additional precincts (or alternative audit 
units) as the Election Auditor considers appropriate 
to resolve any concerns resulting from the audit and 
ensure the accuracy of the election results. 
‘‘(2) ESTABLISHMENT
AND
PUBLICATION
OF 
PROCEDURES
GOVERNING
ADDITIONAL
AUDITS.— 
Not later than August 1, 2017, each State shall es-
tablish and publish procedures for carrying out the 
additional audits under this subsection, including the 
means by which the State shall resolve any concerns 
resulting from the audit with finality and ensure the 
accuracy of the election results. 
‘‘(f) PUBLIC OBSERVATION OF AUDITS.—Each audit 
conducted under this section shall be conducted in a man-
ner that allows public observation of the entire process. 
‘‘SEC. 324. SELECTION OF PRECINCTS. 
‘‘(a) IN GENERAL.—Except as provided in subsection 
(c), the selection of the precincts or alternative audit units 
in the State in which the Election Auditor of the State 
shall administer the hand counts under this subtitle shall 
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155 
be made by the Election Auditor on a random basis, in 
accordance with procedures adopted by the National Insti-
tute of Standards and Technology, except that at least one 
precinct shall be selected at random in each county, with 
additional precincts selected by the Election Auditor at the 
Auditor’s discretion. 
‘‘(b) PUBLIC SELECTION.—The random selection of 
precincts under subsection (a) shall be conducted in pub-
lic, at a time and place announced in advance. 
‘‘(c) MANDATORY SELECTION OF PRECINCTS ESTAB-
LISHED SPECIFICALLY FOR ABSENTEE BALLOTS.—If a 
State does not sort absentee ballots by precinct and in-
clude those ballots in the hand count with respect to that 
precinct, the State shall create absentee ballot precincts 
or audit units which are of similar size to the average pre-
cinct or audit unit in the jurisdiction being audited, and 
shall include those absentee precincts or audit units 
among the precincts in the State in which the Election 
Auditor shall administer the hand counts under this sub-
title. 
‘‘(d) DEADLINE FOR ADOPTION OF PROCEDURES BY 
COMMISSION.—The National Institute of Standards and 
Technology shall adopt the procedures described in sub-
section (a) not later than March 31, 2017, and shall pub-
lish them in the Federal Register upon adoption. 
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‘‘SEC. 325. PUBLICATION OF RESULTS. 
‘‘(a) SUBMISSION TO COMMISSION.—As soon as prac-
ticable after the completion of an audit under this subtitle, 
the Election Auditor of a State shall submit to the Com-
mission the results of the audit, and shall include in the 
submission a comparison of the results of the election in 
the precinct as determined by the Election Auditor under 
the audit and the final unofficial vote count in the precinct 
as announced by the State and all undervotes, overvotes, 
blank ballots, and spoiled, voided, or cancelled ballots, as 
well as a list of any discrepancies discovered between the 
initial, subsequent, and final hand counts administered by 
the Election Auditor and such final unofficial vote count 
and any explanation for such discrepancies, broken down 
by the categories of votes described in paragraphs (1)(B) 
and (2) of section 323(a). 
‘‘(b) PUBLICATION
BY COMMISSION.—Immediately 
after receiving the submission of the results of an audit 
from the Election Auditor of a State under subsection (a), 
the Commission shall publicly announce and publish the 
information contained in the submission. 
‘‘(c) DELAY
IN CERTIFICATION
OF RESULTS
BY 
STATE.— 
‘‘(1) PROHIBITING CERTIFICATION UNTIL COM-
PLETION OF AUDITS.—No State may certify the re-
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157 
sults of any election which is subject to an audit 
under this subtitle prior to— 
‘‘(A) to the completion of the audit (and, 
if required, any additional audit conducted 
under section 323(e)(1)) and the announcement 
and submission of the results of each such audit 
to the Commission for publication of the infor-
mation required under this section; and 
‘‘(B) the completion of any procedure es-
tablished by the State pursuant to section 
323(e)(2) to resolve discrepancies and ensure 
the accuracy of results. 
‘‘(2) DEADLINE FOR COMPLETION OF AUDITS 
OF PRESIDENTIAL ELECTIONS.—In the case of an 
election for electors for President and Vice President 
which is subject to an audit under this subtitle, the 
State shall complete the audits and announce and 
submit the results to the Commission for publication 
of the information required under this section in 
time for the State to certify the results of the elec-
tion and provide for the final determination of any 
controversy or contest concerning the appointment 
of such electors prior to the deadline described in 
section 6 of title 3, United States Code. 
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158 
‘‘SEC. 326. PAYMENTS TO STATES. 
‘‘(a) PAYMENTS FOR COSTS OF CONDUCTING AU-
DITS.—In accordance with the requirements and proce-
dures of this section, the Commission shall make a pay-
ment to a State to cover the costs incurred by the State 
in carrying out this subtitle with respect to the elections 
that are the subject of the audits conducted under this 
subtitle. 
‘‘(b) CERTIFICATION OF COMPLIANCE AND ANTICI-
PATED COSTS.— 
‘‘(1) CERTIFICATION REQUIRED.—In order to 
receive a payment under this section, a State shall 
submit to the Commission, in such form as the Com-
mission may require, a statement containing— 
‘‘(A) a certification that the State will con-
duct the audits required under this subtitle in 
accordance with all of the requirements of this 
subtitle; 
‘‘(B) a notice of the reasonable costs in-
curred or the reasonable costs anticipated to be 
incurred by the State in carrying out this sub-
title with respect to the elections involved; and 
‘‘(C) such other information and assur-
ances as the Commission may require. 
‘‘(2) AMOUNT OF PAYMENT.—The amount of a 
payment made to a State under this section shall be 
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159 
equal to the reasonable costs incurred or the reason-
able costs anticipated to be incurred by the State in 
carrying out this subtitle with respect to the elec-
tions involved, as set forth in the statement sub-
mitted under paragraph (1). 
‘‘(3) TIMING OF NOTICE.—The State may not 
submit a notice under paragraph (1) until can-
didates have been selected to appear on the ballot 
for all of the elections for Federal office which will 
be the subject of the audits involved. 
‘‘(c) TIMING OF PAYMENTS.—The Commission shall 
make the payment required under this section to a State 
not later than 30 days after receiving the notice submitted 
by the State under subsection (b). 
‘‘(d) RECOUPMENT OF OVERPAYMENTS.—No pay-
ment may be made to a State under this section unless 
the State agrees to repay to the Commission the excess 
(if any) of— 
‘‘(1) the amount of the payment received by the 
State under this section with respect to the elections 
involved; over 
‘‘(2) the actual costs incurred by the State in 
carrying out this subtitle with respect to the elec-
tions involved. 
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160 
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There 
is authorized to be appropriated to the Commission for 
fiscal year 2018 and each succeeding fiscal year 
$100,000,000 for payments under this section. 
‘‘SEC. 327. EXCEPTION FOR ELECTIONS SUBJECT TO RE-
COUNT UNDER STATE LAW PRIOR TO CER-
TIFICATION. 
‘‘(a) EXCEPTION.—This subtitle does not apply to 
any election for which a recount under State law will com-
mence prior to the certification of the results of the elec-
tion, including but not limited to a recount required auto-
matically because of the margin of victory between the 2 
candidates receiving the largest number of votes in the 
election, but only if each of the following applies to the 
recount: 
‘‘(1) The recount commences prior to the deter-
mination and announcement by the Election Auditor 
under section 323(a)(1) of the precincts in the State 
in which it will administer the audits under this sub-
title. 
‘‘(2) If the recount would apply to fewer than 
100 percent of the ballots cast in the election— 
‘‘(A) the number of ballots counted will be 
at least as many as would be counted if an 
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161 
audit were conducted with respect to the elec-
tion in accordance with this subtitle; and 
‘‘(B) the selection of the precincts in which 
the recount will be conducted will be made in 
accordance with the random selection proce-
dures applicable under section 324. 
‘‘(3) The recount for the election meets the re-
quirements of section 323(f) (relating to public ob-
servation). 
‘‘(4) The State meets the requirements of sec-
tion 325 (relating to the publication of results and 
the delay in the certification of results) with respect 
to the recount. 
‘‘(b) CLARIFICATION OF EFFECT ON OTHER RE-
QUIREMENTS.—Nothing in this section may be construed 
to waive the application of any other provision of this Act 
to any election (including the requirement set forth in sec-
tion 301(a)(2) that the voter verified paper ballots serve 
as the vote of record and shall be counted by hand in all 
audits and recounts, including audits and recounts de-
scribed in this subtitle). 
‘‘SEC. 328. EFFECTIVE DATE. 
‘‘This subtitle shall apply with respect to elections for 
Federal office held in 2018 or any succeeding year.’’. 
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162 
SEC. 612. AVAILABILITY OF ENFORCEMENT UNDER HELP 
AMERICA VOTE ACT OF 2002. 
Section 401 of the Help America Vote Act of 2002 
(42 U.S.C. 15511) is amended by striking the period at 
the end and inserting the following: ‘‘, or the requirements 
of subtitle C of title III.’’. 
SEC. 613. GUIDANCE ON BEST PRACTICES FOR ALTER-
NATIVE AUDIT MECHANISMS. 
(a) IN GENERAL.—Not later than May 1, 2017, the 
Director of the National Institute for Standards and Tech-
nology shall establish guidance for States that wish to es-
tablish alternative audit mechanisms under section 322(b) 
of the Help America Vote Act of 2002 (as added by section 
611). Such guidance shall be based upon scientifically and 
statistically reasonable assumptions for the purpose of cre-
ating an alternative audit mechanism that will be con-
sistent with the principles for approval described in section 
322(b)(2) of such Act (as so added). 
(b) AUTHORIZATION OF APPROPRIATIONS.—There is 
authorized to be appropriated to carry out subsection (a) 
$100,000, to remain available until expended. 
SEC. 614. CLERICAL AMENDMENT. 
The table of contents of the Help America Vote Act 
of 2002 is amended by adding at the end of the items 
relating to title III the following: 
‘‘Subtitle C—Mandatory Manual Audits 
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‘‘Sec. 321. Requiring audits of results of elections. 
‘‘Sec. 322. Number of ballots counted under audit. 
‘‘Sec. 323. Process for administering audits. 
‘‘Sec. 324. Selection of precincts. 
‘‘Sec. 325. Publication of results. 
‘‘Sec. 326. Payments to States. 
‘‘Sec. 327. Exception for elections subject to recount under State law prior to 
certification. 
‘‘Sec. 328. Effective date.’’. 
TITLE VII—PROVISIONAL 
BALLOTS 
SEC. 701. REQUIREMENTS FOR COUNTING PROVISIONAL 
BALLOTS; ESTABLISHMENT OF UNIFORM AND 
NONDISCRIMINATORY STANDARDS. 
(a) IN GENERAL.—Section 302 of the Help America 
Vote Act of 2002 (42 U.S.C. 15482) is amended— 
(1) by redesignating subsection (d) as sub-
section (f); and 
(2) by inserting after subsection (c) the fol-
lowing new subsections: 
‘‘(d) STATEWIDE COUNTING OF PROVISIONAL BAL-
LOTS.— 
‘‘(1) IN GENERAL.—For purposes of subsection 
(a)(4), notwithstanding the precinct or polling place 
at which a provisional ballot is cast within the State, 
the appropriate election official shall count each vote 
on such ballot for each election in which the indi-
vidual who cast such ballot is eligible to vote. 
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164 
‘‘(2) EFFECTIVE DATE.—This subsection shall 
apply with respect to elections held on or after Janu-
ary 1, 2014. 
‘‘(e) UNIFORM
AND NONDISCRIMINATORY STAND-
ARDS.— 
‘‘(1) IN
GENERAL.—Consistent with the re-
quirements of this section, each State shall establish 
uniform and nondiscriminatory standards for the 
issuance, handling, and counting of provisional bal-
lots. 
‘‘(2) EFFECTIVE DATE.—This subsection shall 
apply with respect to elections held on or after Janu-
ary 1, 2014.’’. 
(b) CONFORMING AMENDMENT.—Section 302(f) of 
such Act (42 U.S.C. 15482(f)), as redesignated by sub-
section (a), is amended by striking ‘‘Each State’’ and in-
serting ‘‘Except as provided in subsections (d)(2) and 
(e)(2), each State’’. 
TITLE VIII—EARLY VOTING AND 
VOTING BY MAIL 
SEC. 801. EARLY VOTING AND VOTING BY MAIL. 
(a) REQUIREMENTS.—Subtitle A of title III of the 
Help America Vote Act of 2002 (42 U.S.C. 15481 et seq.), 
as amended by section 114(a) and section 201(a), is 
amended— 
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(1) by redesignating sections 306 and 307 as 
sections 308 and 309; and 
(2) by inserting after section 305 the following 
new sections: 
‘‘SEC. 306. EARLY VOTING. 
‘‘(a) IN GENERAL.—Each State shall allow individ-
uals 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) LOCATION OF POLLING PLACES NEAR PUBLIC 
TRANSPORTATION.—To the greatest extent practicable, a 
State shall ensure that each polling place which allows vot-
ing prior to the day of a Federal election pursuant to sub-
section (a) is located within walking distance of a stop on 
a public transportation route. 
‘‘(d) STANDARDS.— 
‘‘(1) IN GENERAL.—The Commission shall issue 
standards for the administration of voting prior to 
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166 
the day scheduled for a Federal election. Such 
standards shall include the nondiscriminatory geo-
graphic placement of polling places at which such 
voting occurs. 
‘‘(2) DEVIATION.—The standards described in 
paragraph (1) shall permit States, upon providing 
adequate public notice, to deviate from any require-
ment in the case of unforeseen circumstances such 
as a natural disaster, terrorist attack, or a change 
in voter turnout. 
‘‘(e) EFFECTIVE DATE.—This section shall apply 
with respect to elections held on or after January 1, 2014. 
‘‘SEC. 307. PROMOTING ABILITY OF VOTERS TO VOTE BY 
MAIL. 
‘‘(a) IN GENERAL.—If an individual in a State is eli-
gible to cast a vote in an election for Federal office, the 
State may not impose any additional conditions or require-
ments on the eligibility of the individual to cast the vote 
in such election by mail, except as required under sub-
section (b) and except to the extent that the State imposes 
a deadline for requesting the ballot and related voting ma-
terials from the appropriate State or local election official 
and for returning the ballot to the appropriate State or 
local election official. 
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‘‘(b) REQUIRING
SIGNATURE
VERIFICATION.—A 
State may not accept and process an absentee ballot sub-
mitted by any individual with respect to an election for 
Federal office unless the State verifies the identification 
of the individual by comparing the individual’s signature 
on the absentee ballot with the individual’s signature on 
the official list of registered voters in the State, in accord-
ance with such procedures as the State may adopt. 
‘‘(c) EFFECTIVE DATE.—This section shall apply 
with respect to elections held on or after January 1, 
2014.’’. 
(b) 
CONFORMING
AMENDMENT
RELATING
TO 
ISSUANCE OF VOLUNTARY GUIDANCE BY ELECTION AS-
SISTANCE COMMISSION.—Section 311(b) of such Act (42 
U.S.C. 15501(b)), as amended by section 201(b), is 
amended— 
(1) by striking ‘‘and’’ at the end of paragraph 
(3); 
(2) by striking the period at the end of para-
graph (4) and inserting a semicolon; and 
(3) by adding at the end the following new 
paragraphs: 
‘‘(5) in the case of the recommendations with 
respect to section 306, June 30, 2013; and 
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168 
‘‘(6) in the case of the recommendations with 
respect to section 307, June 30, 2013.’’. 
(c) CLERICAL AMENDMENT.—The table of contents 
of such Act is amended— 
(1) by redesignating the items relating to sec-
tions 306 and 307 as relating to sections 308 and 
309; and 
(2) by inserting after the item relating to sec-
tion 305 the following new items: 
‘‘Sec. 306. Early voting. 
‘‘Sec. 307. Promoting ability of voters to vote by mail.’’. 
TITLE IX—ABSENT UNIFORMED 
SERVICES 
VOTERS 
AND 
OVERSEAS VOTERS 
SEC. 901. EXTENDING GUARANTEE OF RESIDENCY FOR 
VOTING PURPOSES TO FAMILY MEMBERS OF 
ABSENT MILITARY PERSONNEL. 
Section 705 of the Servicemembers Civil Relief Act 
(50 U.S.C. App. 595) is amended— 
(1) in the heading, by striking ‘‘SPOUSES’’ and 
inserting ‘‘FAMILY MEMBERS’’; and 
(2) by amending subsection (b) to read as fol-
lows: 
‘‘(b) FAMILY MEMBERS.—For the purposes of voting 
for in any election for any Federal office (as defined in 
section 301 of the Federal Election Campaign Act of 1971 
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(2 U.S.C. 431)) or any State or local office, a spouse, do-
mestic partner, or dependent of a person who is absent 
from a State in compliance with military or naval orders 
shall not, solely by reason of that person’s absence and 
without regard to whether or not such family member is 
accompanying that person— 
‘‘(1) be deemed to have lost a residence or 
domicile in that State, without regard to whether or 
not the person intends to return to that State; 
‘‘(2) be deemed to have acquired a residence or 
domicile in any other State; or 
‘‘(3) be deemed to have become a resident in or 
a resident of any other State.’’. 
SEC. 902. PRE-ELECTION REPORTS ON AVAILABILITY AND 
TRANSMISSION OF ABSENTEE BALLOTS. 
Section 102(c) of the Uniformed and Overseas Citi-
zens Absentee Voting Act (42 U.S.C. 1973ff–1(c)) is 
amended to read as follows: 
‘‘(c) REPORTS
ON AVAILABILITY, TRANSMISSION, 
AND RECEIPT OF ABSENTEE BALLOTS.— 
‘‘(1) PRE-ELECTION
REPORT
ON
ABSENTEE 
BALLOT AVAILABILITY.—Not later than 55 days be-
fore any regularly scheduled general election for 
Federal office, each State shall submit a report to 
the Attorney General, the Election Assistance Com-
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170 
mission (hereafter in this subsection referred to as 
the ‘Commission’), and the Presidential Designee, 
and make that report publicly available that same 
day, certifying that absentee ballots for the election 
are or will be available for transmission to absent 
uniformed services voters and overseas voters by not 
later than 45 days before the election. The report 
shall be in a form prescribed jointly by the Attorney 
General and the Commission and shall require the 
State to certify specific information about ballot 
availability from each unit of local government which 
will administer the election. 
‘‘(2) PRE-ELECTION
REPORT
ON
ABSENTEE 
BALLOT TRANSMISSION.—Not later than 43 days be-
fore any regularly scheduled general election for 
Federal office, each State shall submit a report to 
the Attorney General, the Commission, and the 
Presidential Designee, and make that report publicly 
available that same day, certifying whether all ab-
sentee ballots have been transmitted by not later 
than 45 days before the election to all qualified ab-
sent uniformed services and overseas voters whose 
requests were received at least 45 days before the 
election. The report shall be in a form prescribed 
jointly by the Attorney General and the Commission, 
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171 
and shall require the State to certify specific infor-
mation about ballot transmission, including the total 
numbers of ballot requests received and ballots 
transmitted, from each unit of local government 
which will administer the election. 
‘‘(3) POST-ELECTION REPORT ON NUMBER OF 
ABSENTEE
BALLOTS
TRANSMITTED
AND
RE-
CEIVED.—Not later than 90 days after the date of 
each regularly scheduled general election for Federal 
office, each State and unit of local government 
which administered the election shall (through the 
State, in the case of a unit of local government) sub-
mit a report to the Attorney General, the Commis-
sion, and the Presidential Designee on the combined 
number of absentee ballots transmitted to absent 
uniformed services voters and overseas voters for the 
election and the combined number of such ballots 
which were returned by such voters and cast in the 
election, and shall make such report available to the 
general public that same day.’’. 
SEC. 903. ENFORCEMENT. 
(a) AVAILABILITY OF CIVIL PENALTIES AND PRI-
VATE RIGHTS OF ACTION.—Section 105 of the Uniformed 
and Overseas Citizens Absentee Voting Act (42 U.S.C. 
1973ff–4) is amended to read as follows: 
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172 
‘‘SEC. 105. ENFORCEMENT. 
‘‘(a) ACTION BY ATTORNEY GENERAL.— 
‘‘(1) IN GENERAL.—The Attorney General may 
bring civil action in an appropriate district court for 
such declaratory or injunctive relief as may be nec-
essary to carry out this title. 
‘‘(2) PENALTY.—In a civil action brought under 
paragraph (1), if the court finds that the State vio-
lated any provision of this title, it may, to vindicate 
the public interest, assess a civil penalty against the 
State— 
‘‘(A) in an amount not to exceed $110,000 
for each such violation, in the case of a first 
violation; or 
‘‘(B) in an amount not to exceed $220,000 
for each such violation, for any subsequent vio-
lation. 
‘‘(3) REPORT TO CONGRESS.—Not later than 
December 31 of each year, the Attorney General 
shall submit to Congress an annual report on any 
civil action brought under paragraph (1) during the 
preceding year. 
‘‘(b) PRIVATE RIGHT OF ACTION.—A person who is 
aggrieved by a State’s violation of this title may bring a 
civil action in an appropriate district court for such declar-
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173 
atory or injunctive relief as may be necessary to carry out 
this title. 
‘‘(c) STATE AS ONLY NECESSARY DEFENDANT.—In 
any action brought under this section, the only necessary 
party defendant is the State, and it shall not be a defense 
to any such action that a local election official or a unit 
of local government is not named as a defendant, notwith-
standing that a State has exercised the authority described 
in section 576 of the Military and Overseas Voter Em-
powerment Act to delegate to another jurisdiction in the 
State any duty or responsibility which is the subject of 
an action brought under this section.’’. 
(b) EFFECTIVE DATE.—The amendments made by 
this section shall apply with respect to violations alleged 
to have occurred on or after the date of the enactment 
of this Act. 
SEC. 904. REVISIONS TO 45-DAY ABSENTEE BALLOT TRANS-
MISSION RULE. 
(a) REPEAL OF WAIVER AUTHORITY.— 
(1) IN
GENERAL.—Section 102 of the Uni-
formed and Overseas Citizens Absentee Voting Act 
(42 U.S.C. 1973ff–1) is amended by striking sub-
section (g). 
(2) 
CONFORMING
AMENDMENT.—Section 
102(a)(8)(A) of such Act (42 U.S.C. 1973ff– 
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174 
1(a)(8)(A)) is amended by striking ‘‘except as pro-
vided in subsection (g),’’. 
(b) REQUIRING USE OF EXPRESS DELIVERY IN CASE 
OF FAILURE TO MEET REQUIREMENT.—Section 102 of 
such Act (42 U.S.C. 1973ff–1), as amended by subsection 
(a), is amended by inserting after subsection (f) the fol-
lowing new subsection: 
‘‘(g) REQUIRING USE OF EXPRESS DELIVERY IN 
CASE
OF FAILURE TO TRANSMIT BALLOTS WITHIN 
DEADLINES.— 
‘‘(1) TRANSMISSION OF BALLOT BY EXPRESS 
DELIVERY.—If a State fails to meet the requirement 
of subsection (a)(8)(A) to transmit a validly re-
quested absentee ballot to an absent uniformed serv-
ices voter or overseas voter not later than 45 days 
before the election (in the case in which the request 
is received at least 45 days before the election)— 
‘‘(A) the State shall transmit the ballot to 
the voter by express delivery; or 
‘‘(B) in the case of a voter who has des-
ignated that absentee ballots be transmitted 
electronically in accordance with subsection 
(f)(1), the State shall transmit the ballot to the 
voter electronically. 
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175 
‘‘(2) SPECIAL RULE FOR TRANSMISSION FEWER 
THAN 40 DAYS BEFORE THE ELECTION.—If, in car-
rying out paragraph (1), a State transmits an ab-
sentee ballot to an absent uniformed services voter 
or overseas voter fewer than 40 days before the elec-
tion, the State shall enable the ballot to be returned 
by the voter by express delivery, except that in the 
case of an absentee ballot of an absent uniformed 
services voter for a regularly scheduled general elec-
tion for Federal office, the State may satisfy the re-
quirement of this paragraph by notifying the voter 
of the procedures for the collection and delivery of 
such ballots under section 103A.’’. 
(c) CLARIFICATION
OF
TREATMENT
OF
WEEK-
ENDS.—Section 102(a)(8)(A) of such Act (42 U.S.C. 
1973ff–1(a)(8)(A)) is amended by striking ‘‘the election;’’ 
and inserting the following: ‘‘the election (or, if the 45th 
day preceding the election is a weekend or legal public hol-
iday, not later than the most recent weekday which pre-
cedes such 45th day and which is not a legal public holi-
day, but only if the request is received by at least such 
most recent weekday);’’. 
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198 
‘‘States and the District of Columbia’’ and inserting 
‘‘States, the District of Columbia, and the Commonwealth 
of the Northern Mariana Islands’’. 
(b) HELP AMERICA VOTE ACT OF 2002.— 
(1) IN
GENERAL.—Section 901 of the Help 
America Vote Act of 2002 (42 U.S.C. 15541) is 
amended by striking ‘‘and the United States Virgin 
Islands’’ and inserting ‘‘the United States Virgin Is-
lands, and the Commonwealth of the Northern Mar-
iana Islands’’. 
(2) CONFORMING
AMENDMENT
RELATING
TO 
MINIMUM AMOUNT OF REQUIREMENTS PAYMENT TO 
TERRITORIES.—Section 252(c)(2) of such Act (42 
U.S.C. 15402(c)(2)) is amended by striking ‘‘or the 
United States Virgin Islands’’ and inserting ‘‘the 
United States Virgin Islands, or the Commonwealth 
of the Northern Mariana Islands’’. 
SEC. 1306. REPEAL OF EXEMPTION OF ELECTION ASSIST-
ANCE COMMISSION FROM CERTAIN GOVERN-
MENT CONTRACTING REQUIREMENTS. 
(a) IN GENERAL.—Section 205 of the Help America 
Vote Act of 2002 (42 U.S.C. 15325) is amended by strik-
ing subsection (e). 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall apply with respect to contracts entered 
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