HR 2722 RFS
‘‘(A) DURABILITY
REQUIREMENTS
FOR 
PAPER BALLOTS.— 
‘‘(i) IN GENERAL.—All voter-verified 
paper ballots required to be used under 
this Act shall be marked or printed on du-
rable paper. 
‘‘(ii) DEFINITION.—For purposes of 
this Act, paper is ‘durable’ if it is capable 
of withstanding multiple counts and re-
counts by hand without compromising the 
fundamental integrity of the ballots, and 
capable 
of 
retaining 
the 
information 
marked or printed on them for the full du-
ration of a retention and preservation pe-
riod of 22 months. 
‘‘(B) READABILITY
REQUIREMENTS
FOR 
PAPER BALLOTS MARKED BY BALLOT MARKING 
DEVICE.—All voter-verified paper ballots com-
pleted by the voter through the use of a ballot 
marking device shall be clearly readable by the 
voter without assistance (other than eyeglasses 
or other personal vision enhancing devices) and 
by an optical character recognition device or 
other device equipped for individuals with dis-
abilities.’’. 
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SEC. 105. PAPER BALLOT PRINTING REQUIREMENTS. 
(a) REQUIRING PAPER BALLOTS TO BE PRINTED ON 
RECYCLED
PAPER
MANUFACTURED
IN
UNITED 
STATES.—Section 301(a) of the Help America Vote Act 
of 2002 (52 U.S.C. 21081(a)), as amended by section 104, 
is amended by adding at the end the following new para-
graph: 
‘‘(8) PRINTING
REQUIREMENTS
FOR
BAL-
LOTS.—All paper ballots used in an election for Fed-
eral office shall be printed in the United States on 
recycled paper manufactured in the United States.’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall apply with respect to elections occur-
ring on or after January 1, 2021. 
SEC. 106. STUDY AND REPORT ON OPTIMAL BALLOT DE-
SIGN. 
(a) STUDY.—The Election Assistance Commission 
shall conduct a study of the best ways to design ballots 
used in elections for public office, including paper ballots 
and electronic or digital ballots, to minimize confusion and 
user errors. 
(b) REPORT.—Not later than January 1, 2020, the 
Election Assistance Commission shall submit to Congress 
a report on the study conducted under subsection (a). 
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SEC. 107. EFFECTIVE DATE FOR NEW REQUIREMENTS. 
Section 301(d) of the Help America Vote Act of 2002 
(52 U.S.C. 21081(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 
section 105(b) of the Securing America’s Fed-
eral Elections Act and subparagraphs (B) and 
(C), the requirements of this section which are 
first imposed on a State and jurisdiction pursu-
ant to the amendments made by the Voter Con-
fidence and Increased Accessibility Act of 2019 
shall apply with respect to voting systems used 
for any election for Federal office held in 2020 
or any succeeding year. 
‘‘(B) DELAY
FOR
JURISDICTIONS
USING 
CERTAIN PAPER RECORD PRINTERS OR CERTAIN 
SYSTEMS
USING
OR
PRODUCING
VOTER- 
VERIFIED PAPER RECORDS IN 2018.— 
‘‘(i) DELAY.—In the case of a juris-
diction described in clause (ii), subpara-
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graph (A) shall apply to a voting system in 
the jurisdiction as if the reference in such 
subparagraph to ‘2020’ were a reference to 
‘2022’, 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-verified paper ballots). 
‘‘(II) Paragraphs (3)(B)(iii)(I) 
and (II) of subsection (a) (relating to 
access to verification from and casting 
of the durable paper ballot). 
‘‘(III) Paragraph (7) 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-verified 
paper record printers attached to di-
rect recording electronic voting ma-
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 
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paragraphs (2)(A)(i)(I), (3)(B)(iii)(I) 
and (II), and (7) of subsection (a) (as 
amended or added by the Voter Con-
fidence and Increased Accessibility 
Act of 2019), for the administration 
of the regularly scheduled general 
election for Federal office held in No-
vember 2018; and 
‘‘(II) which will continue to use 
such printers or systems for the ad-
ministration of elections for Federal 
office held in years before 2022. 
‘‘(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 
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 
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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 
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 
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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 2020 or any 
succeeding year’ were a reference to ‘elections 
for Federal office occurring held in 2022 or 
each succeeding year’, but only with respect to 
paragraph (3)(B)(iii)(II) of subsection (a) (re-
lating to nonmanual casting of the durable 
paper ballot).’’. 
PART 2—GRANTS TO CARRY OUT 
IMPROVEMENTS 
SEC. 111. GRANTS FOR OBTAINING COMPLIANT PAPER BAL-
LOT VOTING SYSTEMS AND CARRYING OUT 
VOTING SYSTEM SECURITY IMPROVEMENTS. 
(a) AVAILABILITY OF GRANTS.—Subtitle D of title 
II of the Help America Vote Act of 2002 (52 U.S.C. 
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21001 et seq.) is amended by adding at the end the fol-
lowing new part: 
‘‘PART 7—GRANTS FOR OBTAINING COMPLIANT 
PAPER BALLOT VOTING SYSTEMS AND CAR-
RYING OUT VOTING SYSTEM SECURITY IM-
PROVEMENTS 
‘‘SEC. 297. GRANTS FOR OBTAINING COMPLIANT PAPER 
BALLOT VOTING SYSTEMS AND CARRYING 
OUT VOTING SYSTEM SECURITY IMPROVE-
MENTS. 
‘‘(a) AVAILABILITY AND USE OF GRANT.—The Com-
mission shall make a grant to each eligible State— 
‘‘(1) to replace a voting system— 
‘‘(A) which does not meet the requirements 
which are first imposed on the State pursuant 
to the amendments made by the Voter Con-
fidence and Increased Accessibility Act of 2019 
with a voting system which does meet such re-
quirements, for use in the regularly scheduled 
general elections for Federal office held in No-
vember 2020; or 
‘‘(B) which does meet such requirements 
but which is not in compliance with the most 
recent voluntary voting system guidelines issued 
by the Commission prior to the regularly sched-
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uled general election for Federal office held in 
November 2020 with another system which does 
meet such requirements and is in compliance 
with such guidelines; 
‘‘(2) to carry out voting system security im-
provements described in section 297A with respect 
to the regularly scheduled general elections for Fed-
eral office held in November 2020 and each suc-
ceeding election for Federal office; and 
‘‘(3) to implement and model best practices for 
ballot design, ballot instructions, and the testing of 
ballots. 
‘‘(b) AMOUNT OF GRANT.—The amount of a grant 
made to a State under this section shall be such amount 
as the Commission determines to be appropriate, except 
that such amount may not be less than the product of 
$1 and the average of the number of individuals who cast 
votes in any of the two most recent regularly scheduled 
general elections for Federal office held in the State. 
‘‘(c) PRO RATA REDUCTIONS.—If the amount of 
funds appropriated for grants under this part is insuffi-
cient to ensure that each State receives the amount of the 
grant calculated under subsection (b), the Commission 
shall make such pro rata reductions in such amounts as 
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may be necessary to ensure that the entire amount appro-
priated under this part is distributed to the States. 
‘‘(d) SURPLUS APPROPRIATIONS.—If the amount of 
funds appropriated for grants authorized under section 
297D(a)(2) exceed the amount necessary to meet the re-
quirements of subsection (b), the Commission shall con-
sider the following in making a determination to award 
remaining funds to a State: 
‘‘(1) The record of the State in carrying out the 
following with respect to the administration of elec-
tions for Federal office: 
‘‘(A) Providing voting machines that are 
less than 10 years old. 
‘‘(B) Implementing strong chain of custody 
procedures for the physical security of voting 
equipment and paper records at all stages of 
the process. 
‘‘(C) Conducting pre-election testing on 
every voting machine and ensuring that paper 
ballots are available wherever electronic ma-
chines are used. 
‘‘(D) Maintaining offline backups of voter 
registration lists. 
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‘‘(E) Providing a secure voter registration 
database that logs requests submitted to the 
database. 
‘‘(F) Publishing and enforcing a policy de-
tailing use limitations and security safeguards 
to protect the personal information of voters in 
the voter registration process. 
‘‘(G) Providing secure processes and proce-
dures for reporting vote tallies. 
‘‘(H) Providing a secure platform for dis-
seminating vote totals. 
‘‘(2) Evidence of established conditions of inno-
vation and reform in providing voting system secu-
rity and the proposed plan of the State for imple-
menting additional conditions. 
‘‘(3) Evidence of collaboration between relevant 
stakeholders, including local election officials, in de-
veloping the grant implementation plan described in 
section 297B. 
‘‘(4) The plan of the State to conduct a rig-
orous evaluation of the effectiveness of the activities 
carried out with the grant. 
‘‘(e) ABILITY OF REPLACEMENT SYSTEMS TO AD-
MINISTER RANKED CHOICE ELECTIONS.—To the greatest 
extent practicable, an eligible State which receives a grant 
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to replace a voting system under this section shall ensure 
that the replacement system is capable of administering 
a system of ranked choice voting under which each voter 
shall rank the candidates for the office in the order of 
the voter’s preference. 
‘‘SEC. 297A. VOTING SYSTEM SECURITY IMPROVEMENTS 
DESCRIBED. 
‘‘(a) PERMITTED USES.—A voting system security 
improvement described in this section is any of the fol-
lowing: 
‘‘(1) The acquisition of goods and services from 
qualified election infrastructure vendors by purchase, 
lease, or such other arrangements as may be appro-
priate. 
‘‘(2) Cyber and risk mitigation training. 
‘‘(3) A security risk and vulnerability assess-
ment of the State’s election infrastructure which is 
carried out by a provider of cybersecurity services 
under a contract entered into between the chief 
State election official and the provider. 
‘‘(4) The maintenance of election infrastruc-
ture, including addressing risks and vulnerabilities 
which are identified under either of the security risk 
and vulnerability assessments described in para-
graph (3), except that none of the funds provided 
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under this part may be used to renovate or replace 
a building or facility which is used primarily for pur-
poses other than the administration of elections for 
public office. 
‘‘(5) Providing increased technical support for 
any information technology infrastructure that the 
chief State election official deems to be part of the 
State’s election infrastructure or designates as crit-
ical to the operation of the State’s election infra-
structure. 
‘‘(6) Enhancing the cybersecurity and oper-
ations of the information technology infrastructure 
described in paragraph (4). 
‘‘(7) Enhancing the cybersecurity of voter reg-
istration systems. 
‘‘(b) QUALIFIED ELECTION INFRASTRUCTURE VEN-
DORS DESCRIBED.— 
‘‘(1) IN GENERAL.—For purposes of this part, 
a ‘qualified election infrastructure vendor’ is any 
person who provides, supports, or maintains, or who 
seeks to provide, support, or maintain, election in-
frastructure on behalf of a State, unit of local gov-
ernment, or election agency, who meets the criteria 
described in paragraph (2). 
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‘‘(2) CRITERIA.—The criteria described in this 
paragraph are such criteria as the Chairman, in co-
ordination with the Secretary of Homeland Security, 
shall establish and publish, and shall include each of 
the following requirements: 
‘‘(A) The vendor must be owned and con-
trolled by a citizen or permanent resident of the 
United States. 
‘‘(B) The vendor must disclose to the 
Chairman and the Secretary, and to the chief 
State election official of any State to which the 
vendor provides any goods and services with 
funds provided under this part, of any sourcing 
outside the United States for parts of the elec-
tion infrastructure. 
‘‘(C) The vendor agrees to ensure that the 
election infrastructure will be developed and 
maintained in a manner that is consistent with 
the cybersecurity best practices issued by the 
Technical Guidelines Development Committee. 
‘‘(D) The vendor agrees to maintain its in-
formation technology infrastructure in a man-
ner that is consistent with the cybersecurity 
best practices issued by the Technical Guide-
lines Development Committee. 
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‘‘(E) The vendor agrees to meet the re-
quirements of paragraph (3) with respect to 
any known or suspected cybersecurity incidents 
involving any of the goods and services provided 
by the vendor pursuant to a grant under this 
part. 
‘‘(F) The vendor agrees to permit inde-
pendent security testing by the Commission (in 
accordance with section 231(a)) and by the Sec-
retary of the goods and services provided by the 
vendor pursuant to a grant under this part. 
‘‘(3) CYBERSECURITY
INCIDENT
REPORTING 
REQUIREMENTS.— 
‘‘(A) IN GENERAL.—A vendor meets the 
requirements of this paragraph if, upon becom-
ing aware of the possibility that an election cy-
bersecurity incident has occurred involving any 
of the goods and services provided by the ven-
dor pursuant to a grant under this part— 
‘‘(i) the vendor promptly assesses 
whether or not such an incident occurred, 
and submits a notification meeting the re-
quirements of subparagraph (B) to the 
Secretary and the Chairman of the assess-
ment as soon as practicable (but in no case 
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later than 3 days after the vendor first be-
comes aware of the possibility that the in-
cident occurred); 
‘‘(ii) if the incident involves goods or 
services provided to an election agency, the 
vendor submits a notification meeting the 
requirements of subparagraph (B) to the 
agency as soon as practicable (but in no 
case later than 3 days after the vendor 
first becomes aware of the possibility that 
the incident occurred), and cooperates with 
the agency in providing any other nec-
essary notifications relating to the inci-
dent; and 
‘‘(iii) the vendor provides all necessary 
updates to any notification submitted 
under clause (i) or clause (ii). 
‘‘(B) CONTENTS
OF
NOTIFICATIONS.— 
Each notification submitted under clause (i) or 
clause (ii) of subparagraph (A) shall contain 
the following information with respect to any 
election cybersecurity incident covered by the 
notification: 
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‘‘(i) The date, time, and time zone 
when the election cybersecurity incident 
began, if known. 
‘‘(ii) The date, time, and time zone 
when the election cybersecurity incident 
was detected. 
‘‘(iii) The date, time, and duration of 
the election cybersecurity incident. 
‘‘(iv) The circumstances of the elec-
tion cybersecurity incident, including the 
specific election infrastructure systems be-
lieved to have been accessed and informa-
tion acquired, if any. 
‘‘(v) Any planned and implemented 
technical measures to respond to and re-
cover from the incident. 
‘‘(vi) In the case of any notification 
which is an update to a prior notification, 
any additional material information relat-
ing to the incident, including technical 
data, as it becomes available. 
‘‘SEC. 297B. ELIGIBILITY OF STATES. 
‘‘A State is eligible to receive a grant under this part 
if the State submits to the Commission, at such time and 
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in such form as the Commission may require, an applica-
tion containing— 
‘‘(1) a description of how the State will use the 
grant to carry out the activities authorized under 
this part; 
‘‘(2) a certification and assurance that, not 
later than 5 years after receiving the grant, the 
State will carry out voting system security improve-
ments, as described in section 297A; and 
‘‘(3) such other information and assurances as 
the Commission may require. 
‘‘SEC. 297C. REPORTS TO CONGRESS. 
‘‘Not later than 90 days after the end of each fiscal 
year, the Commission shall submit a report to the appro-
priate congressional committees, including the Committees 
on Homeland Security, House Administration, and the Ju-
diciary of the House of Representatives and the Commit-
tees on Homeland Security and Governmental Affairs, the 
Judiciary, and Rules and Administration of the Senate, 
on the activities carried out with the funds provided under 
this part. 
‘‘SEC. 297D. AUTHORIZATION OF APPROPRIATIONS. 
‘‘(a) AUTHORIZATION.—There are authorized to be 
appropriated for grants under this part— 
‘‘(1) $600,000,000 for fiscal year 2019; and 
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‘‘(2) $175,000,000 for each of the fiscal years 
2020, 2022, 2024, and 2026. 
‘‘(b) CONTINUING AVAILABILITY OF AMOUNTS.—Any 
amounts appropriated pursuant to the authorization of 
this section shall remain available until expended.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
of such Act is amended by adding at the end of the items 
relating to subtitle D of title II the following: 
‘‘PART 7—GRANTS FOR OBTAINING COMPLIANT PAPER BALLOT VOTING 
SYSTEMS AND CARRYING OUT VOTING SYSTEM SECURITY IMPROVEMENTS 
‘‘Sec. 297. Grants for obtaining compliant paper ballot voting systems and car-
rying out voting system security improvements. 
‘‘Sec. 297A. Voting system security improvements described. 
‘‘Sec. 297B. Eligibility of States. 
‘‘Sec. 297C. Reports to Congress. 
‘‘Sec. 297D. Authorization of appropriations.’’. 
SEC. 112. COORDINATION OF VOTING SYSTEM SECURITY 
ACTIVITIES WITH USE OF REQUIREMENTS 
PAYMENTS AND ELECTION ADMINISTRATION 
REQUIREMENTS 
UNDER 
HELP 
AMERICA 
VOTE ACT OF 2002. 
(a) DUTIES
OF ELECTION ASSISTANCE COMMIS-
SION.—Section 202 of the Help America Vote Act of 2002 
(52 U.S.C. 20922) is amended in the matter preceding 
paragraph (1) by striking ‘‘by’’ and inserting ‘‘and the se-
curity of election infrastructure by’’. 
(b) MEMBERSHIP OF SECRETARY OF HOMELAND SE-
CURITY ON BOARD OF ADVISORS OF ELECTION ASSIST-
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Commission, in consultation with the Secretary of 
Homeland Security (as appropriate), shall’’; 
(2) by striking ‘‘and’’ at the end of paragraph 
(3); 
(3) by redesignating paragraph (4) as para-
graph (5); and 
(4) by inserting after paragraph (3) the fol-
lowing new paragraph: 
‘‘(4) will be secure against attempts to under-
mine the integrity of election systems by cyber or 
other means; and’’. 
(e) REQUIREMENTS PAYMENTS.— 
(1) USE OF PAYMENTS FOR VOTING SYSTEM 
SECURITY IMPROVEMENTS.—Section 251(b) of such 
Act (52 U.S.C. 21001(b)) is amended by adding at 
the end the following new paragraph: 
‘‘(4) PERMITTING USE OF PAYMENTS FOR VOT-
ING
SYSTEM
SECURITY
IMPROVEMENTS.—A State 
may use a requirements payment to carry out any 
of the following activities: 
‘‘(A) Cyber and risk mitigation training. 
‘‘(B) Providing increased technical support 
for any information technology infrastructure 
that the chief State election official deems to be 
part of the State’s election infrastructure or 
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designates as critical to the operation of the 
State’s election infrastructure. 
‘‘(C) Enhancing the cybersecurity and op-
erations of the information technology infra-
structure described in subparagraph (B). 
‘‘(D) Enhancing the security of voter reg-
istration databases.’’. 
(2) INCORPORATION
OF
ELECTION
INFRA-
STRUCTURE PROTECTION IN STATE PLANS FOR USE 
OF PAYMENTS.—Section 254(a)(1) of such Act (52 
U.S.C. 21004(a)(1)) is amended by striking the pe-
riod at the end and inserting ‘‘, including the protec-
tion of election infrastructure.’’. 
(3) COMPOSITION OF COMMITTEE RESPONSIBLE 
FOR DEVELOPING STATE PLAN FOR USE OF PAY-
MENTS.—Section 255 of such Act (52 U.S.C. 
21005) is amended— 
(A) by redesignating subsection (b) as sub-
section (c); and 
(B) by inserting after subsection (a) the 
following new subsection: 
‘‘(b) GEOGRAPHIC REPRESENTATION.—The mem-
bers of the committee shall be a representative group of 
individuals from the State’s counties, cities, towns, and 
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Indian tribes, and shall represent the needs of rural as 
well as urban areas of the State, as the case may be.’’. 
(f) ENSURING
PROTECTION
OF
COMPUTERIZED 
STATEWIDE
VOTER
REGISTRATION
LIST.—Section 
303(a)(3) of such Act (52 U.S.C. 21083(a)(3)) is amend-
ed by striking the period at the end and inserting ‘‘, as 
well as other measures to prevent and deter cybersecurity 
incidents, as identified by the Commission, the Secretary 
of Homeland Security, and the Technical Guidelines De-
velopment Committee.’’. 
SEC. 113. INCORPORATION OF DEFINITIONS. 
(a) IN GENERAL.—Section 901 of the Help America 
Vote Act of 2002 (52 U.S.C. 21141) is amended to read 
as follows: 
‘‘SEC. 901. DEFINITIONS. 
‘‘In this Act, the following definitions apply: 
‘‘(1) The term ‘cybersecurity incident’ has the 
meaning given the term ‘incident’ in section 227 of 
the Homeland Security Act of 2002 (6 U.S.C. 659). 
‘‘(2) The term ‘election agency’ means any com-
ponent of a State, or any component of a unit of 
local government in a State, which is responsible for 
the administration of elections for Federal office in 
the State. 
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‘‘(3) The term ‘election infrastructure’ means 
storage facilities, polling places, and centralized vote 
tabulation locations used to support the administra-
tion of elections for public office, as well as related 
information and communications technology (includ-
ing the technology used by or on behalf of election 
officials to produce and distribute voter guides to 
elections), including voter registration databases, 
voting machines, electronic mail and other commu-
nications systems (including electronic mail and 
other systems of vendors who have entered into con-
tracts with election agencies to support the adminis-
tration of elections, manage the election process, and 
report and display election results), and other sys-
tems used to manage the election process and to re-
port and display election results on behalf of an elec-
tion agency. 
‘‘(4) The term ‘State’ means each of the several 
States, the District of Columbia, the Commonwealth 
of Puerto Rico, Guam, American Samoa, the United 
States Virgin Islands, and the Commonwealth of the 
Northern Mariana Islands.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
of such Act is amended by amending the item relating to 
section 901 to read as follows: 
‘‘Sec. 901. Definitions.’’. 
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Subtitle B—Risk-Limiting Audits 
SEC. 121. RISK-LIMITING AUDITS. 
(a) IN GENERAL.—Title III of the Help America 
Vote Act of 2002 (52 U.S.C. 21081 et seq.) is amended 
by inserting after section 303 the following new section: 
‘‘SEC. 303A. RISK-LIMITING AUDITS. 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) RISK-LIMITING
AUDIT.—The term ‘risk- 
limiting audit’ means, with respect to any election 
contest, a post-election process that— 
‘‘(A) has a probability of at least 95 per-
cent of correcting the reported outcome if the 
reported outcome is not the correct outcome; 
‘‘(B) will not change the outcome if the re-
ported outcome is the correct outcome; and 
‘‘(C) involves a manual adjudication of 
voter intent from some or all of the ballots val-
idly cast in the election contest. 
‘‘(2) REPORTED OUTCOME; CORRECT OUTCOME; 
OUTCOME.— 
‘‘(A) REPORTED OUTCOME.—The term ‘re-
ported outcome’ means the outcome of an elec-
tion contest which is determined according to 
the canvass and which will become the official, 
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certified outcome unless it is revised by an 
audit, recount, or other legal process. 
‘‘(B) CORRECT OUTCOME.—The term ‘cor-
rect outcome’ means the outcome that would be 
determined by a manual adjudication of voter 
intent for all votes validly cast in the election 
contest. 
‘‘(C) 
OUTCOME.—The 
term 
‘outcome’ 
means the winner or set of winners of an elec-
tion contest. 
‘‘(3) MANUAL
ADJUDICATION
OF
VOTER
IN-
TENT.—The term ‘manual adjudication of voter in-
tent’ means direct inspection and determination by 
humans, without assistance from electronic or me-
chanical tabulation devices, of the ballot choices 
marked by voters on each voter-verified paper 
record. 
‘‘(4) BALLOT
MANIFEST.—The term ‘ballot 
manifest’ means a record maintained by each juris-
diction that— 
‘‘(A) is created without reliance on any 
part of the voting system used to tabulate 
votes; 
‘‘(B) functions as a sampling frame for 
conducting a risk-limiting audit; and 
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‘‘(C) accounts for all ballots validly cast re-
gardless of how they were tabulated and in-
cludes a precise description of the manner in 
which the ballots are physically stored, includ-
ing the total number of physical groups of bal-
lots, the numbering system for each group, a 
unique label for each group, and the number of 
ballots in each such group. 
‘‘(b) REQUIREMENTS.— 
‘‘(1) IN GENERAL.— 
‘‘(A) AUDITS.— 
‘‘(i) IN
GENERAL.—Each State and 
jurisdiction shall administer risk-limiting 
audits of the results of all election contests 
for Federal office held in the State in ac-
cordance with the requirements of para-
graph (2). 
‘‘(ii) EXCEPTION.—Clause (i) shall 
not apply to any election contest for which 
the State or jurisdiction conducts a full re-
count through a manual adjudication of 
voter intent. 
‘‘(B) FULL
MANUAL
TABULATION.—If a 
risk-limiting audit conducted under subpara-
graph (A) corrects the reported outcome of an 
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election contest, the State or jurisdiction shall 
use the results of the manual adjudication of 
voter intent conducted as part of the risk-lim-
iting audit as the official results of the election 
contest. 
‘‘(2) AUDIT REQUIREMENTS.— 
‘‘(A) RULES AND PROCEDURES.— 
‘‘(i) IN GENERAL.—Not later than 1 
year after the date of the enactment of this 
section, the chief State election official of 
the State shall establish rules and proce-
dures for conducting risk-limiting audits. 
‘‘(ii) MATTERS INCLUDED.—The rules 
and procedures established under clause (i) 
shall include the following: 
‘‘(I) Rules and procedures for en-
suring the security of ballots and doc-
umenting that prescribed procedures 
were followed. 
‘‘(II) Rules and procedures for 
ensuring the accuracy of ballot mani-
fests produced by jurisdictions. 
‘‘(III) Rules and procedures for 
governing the format of ballot mani-
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fests and other data involved in risk- 
limiting audits. 
‘‘(IV) Methods to ensure that 
any cast vote records used in a risk- 
limiting audit are those used by the 
voting system to tally the results of 
the election contest sent to the chief 
State election official of the State and 
made public. 
‘‘(V) Rules and procedures for 
the random selection of ballots to be 
inspected manually during each audit. 
‘‘(VI) Rules and procedures for 
the calculations and other methods to 
be used in the audit and to determine 
whether and when the audit of each 
election contest is complete. 
‘‘(VII) Rules and procedures for 
testing any software used to conduct 
risk-limiting audits. 
‘‘(B) PUBLIC REPORT.— 
‘‘(i) IN GENERAL.—After the comple-
tion of the risk-limiting audit and at least 
5 days before the election contest is cer-
tified, the State shall publish a report on 
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the results of the audit, together with such 
information as necessary to confirm that 
the audit was conducted properly. 
‘‘(ii) FORMAT
OF
DATA.—All data 
published with the report under clause (i) 
shall be published in machine-readable, 
open data formats. 
‘‘(iii) PROTECTION OF ANONYMITY OF 
VOTES.—Information and data published 
by the State under this subparagraph shall 
not compromise the anonymity of votes. 
‘‘(c) EFFECTIVE DATE.—Each State and jurisdiction 
shall be required to comply with the requirements of this 
section for the first regularly scheduled election for Fed-
eral office held more than 1 year after the date of the 
enactment of the Securing America’s Federal Elections 
Act and for each subsequent election for Federal office.’’. 
(b) CONFORMING AMENDMENT RELATING TO EN-
FORCEMENT.—Section 401 of such Act (52 U.S.C. 21111) 
is amended by striking ‘‘sections 301, 302, and 303’’ and 
inserting ‘‘subtitle A of title III’’. 
(c) CLERICAL AMENDMENT.—The table of contents 
for such Act is amended by inserting after the item relat-
ing to section 303 the following new item: 
‘‘Sec. 303A. Risk-limiting audits.’’. 
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SEC. 122. FUNDING FOR CONDUCTING POST-ELECTION 
RISK-LIMITING AUDITS. 
(a) PAYMENTS TO STATES.—Subtitle D of title II of 
the Help America Vote Act of 2002 (52 U.S.C. 21001 et 
seq.), as amended by section 111(a), is amended by adding 
at the end the following new part: 
‘‘PART 8—FUNDING FOR POST-ELECTION RISK- 
LIMITING AUDITS 
‘‘SEC. 298. PAYMENTS FOR POST-ELECTION RISK-LIMITING 
AUDITS. 
‘‘(a) IN GENERAL.—The Commission shall pay to 
States the amount of eligible post-election audit costs. 
‘‘(b) ELIGIBLE POST-ELECTION AUDIT COSTS.—For 
purposes of this section, the term ‘eligible post-election 
audit costs’ means, with respect to any State, costs paid 
or incurred by the State or local government within the 
State for— 
‘‘(1) the conduct of any risk-limiting audit (as 
defined in section 303A) with respect to an election 
for Federal office occurring after the date of the en-
actment of this part; and 
‘‘(2) any equipment, software, or services nec-
essary for the conduct of any such risk-limiting 
audit. 
‘‘(c) SPECIAL RULES.— 
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‘‘(1) RULES AND PROCEDURES.—The Commis-
sion shall establish rules and procedures for submis-
sion of eligible post-election audit costs for payments 
under this section. 
‘‘(2) INSUFFICIENT
FUNDS.—In any case in 
which the amounts appropriated under subsection 
(d) are insufficient to pay all eligible post-election 
audit costs submitted by States with respect to any 
Federal election, the amount of such costs paid 
under subsection (a) to any State shall be equal to 
the amount that bears the same ratio to the amount 
which would be paid to such State (determined with-
out regard to this paragraph) as— 
‘‘(A) the number of individuals who voted 
in such Federal election in such State; bears to 
‘‘(B) the total number of individuals who 
voted in such Federal election in all States sub-
mitting a claim for eligible post-election audit 
costs. 
‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— 
‘‘(1) IN GENERAL.—There is hereby authorized 
to be appropriated to the Commission such sums as 
are necessary to carry out this part. 
‘‘(2) 
AVAILABILITY.—Any 
amounts 
appro-
priated pursuant to paragraph (1) shall remain 
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