I 
110TH CONGRESS 
1ST SESSION 
H. R. 811 
To amend the Help America Vote Act of 2002 to require a voter-verified 
permanent paper ballot under title III of such Act, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 5, 2007 
Mr. HOLT (for himself, Mr. TOM DAVIS of Virginia, Mr. WEXLER, Mr. EMAN-
UEL, Mr. PETRI, Mr. WOLF, Mr. LEWIS of Georgia, Mr. LANGEVIN, Mr. 
COOPER, Mrs. JONES of Ohio, Mr. CLAY, Mr. SHAYS, Ms. KAPTUR, Mr. 
ENGLISH of Pennsylvania, Mr. HASTINGS of Florida, Mr. RAMSTAD, Mr. 
MEEK of Florida, Mr. ISSA, Mr. CUMMINGS, Mrs. BIGGERT, Ms. LEE, 
Mr. CASTLE, Ms. KILPATRICK of Michigan, Mr. KUHL of New York, Ms. 
CORRINE BROWN of Florida, Mr. MACK, Mr. SCOTT of Virginia, Mr. 
ABERCROMBIE, Mr. ACKERMAN, Mr. ALLEN, Mr. BECERRA, Ms. BERK-
LEY, Mr. BERMAN, Mr. BERRY, Mr. BISHOP
of Georgia, Mr. 
BLUMENAUER, Mr. BOREN, Mr. BOSWELL, Mr. BOUCHER, Mr. BOYD of 
Florida, Mr. BRADY
of Pennsylvania, Mr. BRALEY
of Iowa, Mr. 
BUTTERFIELD, Mrs. CAPPS, Mr. CARNAHAN, Mr. CHANDLER, Mr. 
COHEN, Mr. COSTA, Mr. COSTELLO, Mr. COURTNEY, Mr. CROWLEY, Mr. 
DAVIS of Illinois, Mr. LINCOLN DAVIS of Tennessee, Mrs. DAVIS of Cali-
fornia, Mr. DEFAZIO, Ms. DEGETTE, Mr. DELAHUNT, Ms. DELAURO, 
Mr. DICKS, Mr. DINGELL, Mr. DOGGETT, Mr. DOYLE, Mr. EDWARDS, 
Mr. ELLISON, Mr. ENGEL, Ms. ESHOO, Mr. ETHERIDGE, Mr. FATTAH, 
Mr. FILNER, Mr. FORTUN˜O, Mr. FRANK
of Massachusetts, Mrs. 
GILLIBRAND, Mr. GONZALEZ, Mr. GORDON of Tennessee, Mr. GENE 
GREEN of Texas, Mr. GRIJALVA, Mr. GUTIERREZ, Mr. HALL of New 
York, Ms. HARMAN, Ms. HERSETH, Mr. HIGGINS, Mr. HINCHEY, Ms. 
HIRONO, Mr. HODES, Mr. HOLDEN, Mr. HONDA, Ms. HOOLEY, Mr. INS-
LEE, Ms. JACKSON-LEE of Texas, Mr. JEFFERSON, Ms. EDDIE BERNICE 
JOHNSON of Texas, Mr. JOHNSON of Georgia, Mr. KAGEN, Mr. KEN-
NEDY, Mr. KILDEE, Mr. KIND, Mr. KLEIN of Florida, Mr. KUCINICH, 
Mr. LANTOS, Mr. LARSEN of Washington, Mr. LOEBSACK, Mrs. LOWEY, 
Mrs. MCCARTHY of New York, Ms. MCCOLLUM of Minnesota, Mr. MCIN-
TYRE, Mr. MCNULTY, Mrs. MALONEY of New York, Mr. MARSHALL, Mr. 
MATHESON, Ms. MATSUI, Mr. MELANCON, Mr. MICHAUD, Mr. MILLER 
of North Carolina, Mr. GEORGE MILLER of California, Mr. MITCHELL, 
Mr. MOLLOHAN, Mr. MOORE of Kansas, Mr. MORAN of Virginia, Mr. 
PATRICK J. MURPHY of Pennsylvania, Mr. NADLER, Mrs. NAPOLITANO, 
Ms. NORTON, Mr. OBERSTAR, Mr. OBEY, Mr. OLVER, Mr. ORTIZ, Mr. 
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PALLONE, Mr. PASTOR, Mr. PAYNE, Mr. PETERSON of Minnesota, Mr. 
PRICE of North Carolina, Mr. REYES, Mr. ROTHMAN, Ms. ROYBAL-AL-
LARD, Mr. RUPPERSBERGER, Mr. SALAZAR, Ms. LINDA T. SA´NCHEZ of 
California, Ms. LORETTA SANCHEZ of California, Ms. SCHAKOWSKY, Mr. 
SCHIFF, Ms. SCHWARTZ, Mr. SCOTT of Georgia, Mr. SERRANO, Mr. 
SHERMAN, Mr. SHULER, Ms. SLAUGHTER, Mr. SMITH of Washington, 
Ms. SOLIS, Mr. SPRATT, Mr. STARK, Mr. STUPAK, Ms. SUTTON, Mr. 
TANNER, Mrs. TAUSCHER, Mr. TAYLOR, Mr. TIERNEY, Mr. TOWNS, Mr. 
UDALL of Colorado, Mr. VAN HOLLEN, Mr. WALZ of Minnesota, Ms. 
WASSERMAN SCHULTZ, Ms. WATERS, Ms. WATSON, Mr. WAXMAN, Mr. 
WEINER, Ms. WOOLSEY, Mr. WU, Mr. WYNN, and Mr. ALTMIRE) intro-
duced the following bill; which was referred to the Committee on House 
Administration 
A BILL 
To amend the Help America Vote Act of 2002 to require 
a voter-verified permanent paper ballot under title III 
of such Act, 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 ‘‘Voter Confidence and 
Increased Accessibility Act of 2007’’. 
SEC. 2. PROMOTING ACCURACY, INTEGRITY, AND SECU-
RITY 
THROUGH 
VOTER-VERIFIED 
PERMA-
NENT PAPER BALLOT. 
(a) BALLOT VERIFICATION AND AUDIT CAPACITY.— 
(1) IN
GENERAL.—Section 301(a)(2) of the 
Help America Vote Act of 2002 (42 U.S.C. 
15481(a)(2)) is amended to read as follows: 
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‘‘(2) BALLOT VERIFICATION AND AUDIT CAPAC-
ITY.— 
‘‘(A) IN GENERAL.— 
‘‘(i) The voting system shall require 
the use of or produce an individual voter- 
verified paper ballot of the voter’s vote 
that shall be created by or made available 
for inspection and verification by the voter 
before the voter’s vote is cast and counted. 
For purposes of this clause, examples of 
such a ballot include a paper ballot marked 
by the voter for the purpose of being 
counted by hand or read by an optical 
scanner or other similar device, a paper 
ballot prepared by the voter to be mailed 
to an election official (whether from a do-
mestic or overseas location), a paper ballot 
created through the use of a ballot mark-
ing device or system, or a paper ballot pro-
duced by a touch screen or other electronic 
voting machine, so long as in each case the 
voter is permitted to verify the ballot in a 
paper form in accordance with this sub-
paragraph. 
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‘‘(ii) The voting system shall provide 
the voter with an opportunity to correct 
any error made by the system in the voter- 
verified paper ballot before the permanent 
voter-verified paper ballot is preserved in 
accordance with subparagraph (B)(i). 
‘‘(iii) The voting system shall not pre-
serve the voter-verifiable paper ballots in 
any manner that makes it possible, at any 
time after the ballot has been cast, to asso-
ciate a voter with the record of the voter’s 
vote. 
‘‘(B) MANUAL AUDIT CAPACITY.— 
‘‘(i) The permanent voter-verified 
paper ballot produced in accordance with 
subparagraph (A) shall be preserved— 
‘‘(I) in the case of votes cast at 
the polling place on the date of the 
election, within the polling place in 
the manner or method in which all 
other paper ballots are preserved 
within such polling place; 
‘‘(II) in the case of votes cast at 
the polling place prior to the date of 
the election or cast by mail, in a man-
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ner which is consistent with the man-
ner employed by the jurisdiction for 
preserving such ballots in general; or 
‘‘(III) in the absence of either 
such manner or method, in a manner 
which is consistent with the manner 
employed by the jurisdiction for pre-
serving paper ballots in general. 
‘‘(ii) Each paper ballot produced pur-
suant to subparagraph (A) shall be suit-
able for a manual audit equivalent to that 
of a paper ballot voting system. 
‘‘(iii) In the event of any inconsist-
encies or irregularities between any elec-
tronic vote tallies and the vote tallies de-
termined by counting by hand the indi-
vidual permanent paper ballots produced 
pursuant to subparagraph (A), and subject 
to subparagraph (D), the individual perma-
nent paper ballots shall be the true and 
correct record of the votes cast and shall 
be used as the official ballots for purposes 
of any recount or audit conducted with re-
spect to any election for Federal office in 
which the voting system is used. 
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‘‘(C) SPECIAL RULE FOR VOTES CAST BY 
ABSENT MILITARY AND OVERSEAS VOTERS.—In 
the case of votes cast by absent uniformed serv-
ices voters and overseas voters under the Uni-
formed and Overseas Citizens Absentee Voting 
Act, the ballots cast by such voters shall serve 
as the permanent paper ballot under subpara-
graph (A) in accordance with protocols estab-
lished by the Commission, in consultation with 
the Secretary of Defense after notice and op-
portunity for public comment, which preserve 
the privacy of the voter and are consistent with 
the requirements of such Act and this Act, ex-
cept that to the extent that such protocols per-
mit the use of electronic mail in the delivery or 
submission of such ballots, paragraph (11) shall 
not apply with respect to the delivery or sub-
mission of the ballots. 
‘‘(D) SPECIAL RULE FOR TREATMENT OF 
DISPUTES WHEN PAPER BALLOTS HAVE BEEN 
SHOWN TO BE COMPROMISED.—In the event of 
any inconsistency between any electronic vote 
tallies and the vote tallies determined by count-
ing by hand the individual permanent paper 
ballots produced pursuant to subparagraph (A), 
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any person seeking to show that the electronic 
vote tally should be given preference in deter-
mining the official count for the election shall 
be required to demonstrate, by clear and con-
vincing evidence, that the paper ballots have 
been compromised (by damage or mischief or 
otherwise) and that a sufficient number of the 
ballots have been so compromised that the re-
sult of the election would be changed. For pur-
poses of the previous sentence, the paper ballots 
associated with each voting machine shall be 
considered on a voting-machine-by-voting-ma-
chine basis, and only the sets of paper ballots 
deemed compromised, if any, shall be consid-
ered in the calculation of whether or not the 
election would be changed due to the com-
promised paper ballots.’’. 
(2) CONFORMING AMENDMENT CLARIFYING AP-
PLICABILITY OF ALTERNATIVE LANGUAGE ACCESSI-
BILITY.—Section 301(a)(4) of such Act (42 U.S.C. 
15481(a)(4)) is amended by inserting ‘‘(including 
the paper ballots required to be produced under 
paragraph (2) and the notice required under para-
graph (8))’’ after ‘‘voting system’’. 
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(3) OTHER CONFORMING AMENDMENTS.—Sec-
tion 301(a)(1) of such Act (42 U.S.C. 15481(a)(1)) 
is amended— 
(A) in subparagraph (A)(i), by striking 
‘‘counted’’ and inserting ‘‘counted, in accord-
ance with paragraphs (2) and (3)’’; 
(B) in subparagraph (A)(ii), by striking 
‘‘counted’’ and inserting ‘‘counted, in accord-
ance with paragraphs (2) and (3)’’; 
(C) in subparagraph (A)(iii), as amended 
by paragraph (2), by striking ‘‘counted’’ each 
place it appears and inserting ‘‘counted, in ac-
cordance with paragraphs (2) and (3)’’; and 
(D) in subparagraph (B)(ii), by striking 
‘‘counted’’ and inserting ‘‘counted, in accord-
ance with paragraphs (2) and (3)’’. 
(b) ACCESSIBILITY AND BALLOT VERIFICATION FOR 
INDIVIDUALS WITH DISABILITIES.— 
(1) IN
GENERAL.—Section 301(a)(3)(B) of 
such Act (42 U.S.C. 15481(a)(3)(B)) is amended to 
read as follows: 
‘‘(B)(i) satisfy the requirement of subpara-
graph (A) through the use of at least one voting 
system equipped for individuals with disabilities 
at each polling place; and 
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‘‘(ii) meet the requirements of subpara-
graph (A) and paragraph (2)(A) by using a sys-
tem that— 
‘‘(I) allows the voter to privately and 
independently verify the content of the per-
manent paper ballot through the conver-
sion of the printed content into accessible 
media, and 
‘‘(II) ensures that the entire process 
of ballot verification and vote casting is 
equipped for individuals with disabilities.’’. 
(2) SPECIFIC REQUIREMENT OF STUDY, TEST-
ING, AND DEVELOPMENT OF ACCESSIBLE BALLOT 
VERIFICATION MECHANISMS.— 
(A) STUDY AND REPORTING.—Subtitle C 
of title II of such Act (42 U.S.C. 15381 et seq.) 
is amended— 
(i) by redesignating section 247 as 
section 248; and 
(ii) by inserting after section 246 the 
following new section: 
‘‘SEC. 247. STUDY AND REPORT ON ACCESSIBLE BALLOT 
VERIFICATION MECHANISMS. 
‘‘(a) STUDY AND REPORT.—The Director of the Na-
tional Institute of Standards and Technology shall study, 
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test, and develop best practices to enhance the accessibility 
of ballot verification mechanisms for individuals with dis-
abilities, for voters whose primary language is not English, 
and for voters with difficulties in literacy, including best 
practices for the mechanisms themselves and the processes 
through which the mechanisms are used. In carrying out 
this section, the Director shall specifically investigate ex-
isting and potential methods or devices that will assist 
such individuals and voters in creating voter-verified paper 
ballots and in reading or transmitting the information 
printed or marked on such ballots back to such individuals 
and voters. 
‘‘(b) DEADLINE.—The Director shall complete the re-
quirements of subsection (a) not later than January 1, 
2010. 
‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There 
are authorized to be appropriated to carry out subsection 
(a) $1,000,000, to remain available until expended.’’. 
(B) CLERICAL AMENDMENT.—The table of 
contents of such Act is amended— 
(i) by redesignating the item relating 
to section 247 as relating to section 248; 
and 
(ii) by inserting after the item relating 
to section 246 the following new item: 
‘‘Sec. 247. Study and report on accessible voter verification mechanisms.’’. 
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(3) CLARIFICATION OF ACCESSIBILITY STAND-
ARDS
UNDER
VOLUNTARY
VOTING
SYSTEM
GUID-
ANCE.—In adopting any voluntary guidance under 
subtitle B of title III of the Help America Vote Act 
with respect to the accessibility of the ballot 
verification requirements for individuals with disabil-
ities, the Election Assistance Commission shall in-
clude and apply the same accessibility standards ap-
plicable under the voluntary guidance adopted for 
accessible voting systems under such subtitle. 
(c) ADDITIONAL VOTING SYSTEM REQUIREMENTS.— 
(1) 
REQUIREMENTS
DESCRIBED.—Section 
301(a) of such Act (42 U.S.C. 15481(a)) is amend-
ed by adding at the end the following new para-
graphs: 
‘‘(7) INSTRUCTION OF ELECTION OFFICIALS.— 
Each State shall ensure that all election officials are 
instructed on the right of any individual who re-
quires assistance to vote by reason of blindness, 
other disability, or inability to read or write to be 
given assistance by a person chosen by that indi-
vidual under section 208 of the Voting Rights Act 
of 1965. 
‘‘(8) INSTRUCTION REMINDING VOTERS OF IM-
PORTANCE OF VERIFYING PAPER BALLOT.— 
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‘‘(A) IN GENERAL.—The appropriate elec-
tion official at each polling place shall cause to 
be placed in a prominent location in the polling 
place a notice containing the following state-
ment, in boldface type, large font, and using 
only upper-case letters: ‘THE PAPER BAL-
LOT 
REPRESENTING 
YOUR 
VOTE 
SHALL 
SERVE 
AS 
THE 
VOTE 
OF 
RECORD IN ALL RECOUNTS AND AU-
DITS. DO NOT LEAVE THE VOTING 
BOOTH UNTIL YOU HAVE CONFIRMED 
THAT IT ACCURATELY RECORDS YOUR 
VOTE’. 
‘‘(B) SYSTEMS
FOR
INDIVIDUALS
WITH 
DISABILITIES.—All voting systems equipped for 
individuals with disabilities shall transmit by 
accessible media the statement referred to in 
subparagraph (A), as well as an explanation of 
the verification process described in paragraph 
(3)(B)(ii). 
‘‘(9) PROHIBITION OF USE OF UNDISCLOSED 
SOFTWARE IN VOTING SYSTEMS.—No voting system 
used in an election for Federal office shall at any 
time contain or use any software not certified by the 
State for use in the election or any software undis-
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closed to the State in the certification process. The 
appropriate election official shall disclose, in elec-
tronic form, the source code, object code, and exe-
cutable representation of the voting system software 
and firmware to the Commission, including ballot 
programming files, and the Commission shall make 
that source code, object code, executable representa-
tion, and ballot programming files available for in-
spection promptly upon request to any person. 
‘‘(10) PROHIBITION OF USE OF WIRELESS COM-
MUNICATIONS
DEVICES
IN
VOTING
SYSTEMS.—No 
voting system shall contain, use, or be accessible by 
any wireless, power-line, remote, wide area, or con-
cealed communication device at all. 
‘‘(11) PROHIBITING
CONNECTION
OF
SYSTEM 
OR TRANSMISSION OF SYSTEM INFORMATION OVER 
THE INTERNET.—No component of any voting de-
vice upon which votes are cast shall be connected to 
the Internet at any time. 
‘‘(12) SECURITY STANDARDS FOR VOTING SYS-
TEMS USED IN FEDERAL ELECTIONS.— 
‘‘(A) IN GENERAL.—No voting system may 
be used in an election for Federal office unless 
the manufacturer of such system and the elec-
tion officials using such system meet the appli-
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cable requirements described in subparagraph 
(B). 
‘‘(B) REQUIREMENTS
DESCRIBED.—The 
requirements described in this subparagraph 
are as follows: 
‘‘(i) The manufacturer and the elec-
tion officials shall document the secure 
chain of custody for the handling of all 
software, hardware, vote storage media, 
and ballots used in connection with voting 
systems, and shall make the information 
available upon request to the Commission. 
‘‘(ii) The manufacturer of the soft-
ware used in the operation of the system 
shall provide the appropriate election offi-
cial with updated information regarding 
the identification of each individual who 
participated in the writing of the software, 
including specific information regarding 
whether the individual has ever been con-
victed of a crime involving election, ac-
counting, or computer security fraud. 
‘‘(iii) The manufacturer shall provide 
the appropriate election official with the 
information necessary for the official to 
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provide information to the Commission 
under paragraph (9). 
‘‘(iv) After the appropriate election of-
ficial has certified the source code, object 
code, and executable representation of the 
voting system software for use in an elec-
tion, the manufacturer may not— 
‘‘(I) alter such codes and rep-
resentation; or 
‘‘(II) insert or use in the voting 
system any software not certified by 
the State for use in the election. 
‘‘(v) The appropriate election official 
shall ensure that all voting machines and 
related supplies to be used in the election 
shall remain secured within storage facili-
ties arranged for by the election official, 
and shall not be removed from such facili-
ties until such time as they are to be deliv-
ered to the relevant polling place and se-
cured at the polling place until used in the 
election. 
‘‘(vi) The manufacturer shall meet 
standards established by the Commission 
to prevent the existence or appearance of 
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any conflict of interest with respect to can-
didates for public office and political par-
ties, including standards to ensure that the 
manufacturer’s officers and directors do 
not hold positions of authority in any polit-
ical party or in any partisan political cam-
paign, and shall certify to the Commission 
not later than January 31 of each even- 
numbered year that it meets the standards 
established under this clause. 
‘‘(vii) At the request of the Commis-
sion, the appropriate election official shall 
submit information to the Commission re-
garding the State’s compliance with this 
subparagraph. 
‘‘(13) DURABILITY AND READABILITY REQUIRE-
MENTS FOR BALLOTS.— 
‘‘(A) DURABILITY
REQUIREMENTS
FOR 
PAPER BALLOTS.—All voter-verified paper bal-
lots required to be used under this Act (includ-
ing the emergency paper ballots used under 
paragraph (14)) shall be marked, printed, or re-
corded on durable paper of archival quality ca-
pable of withstanding multiple counts and re-
counts without compromising the fundamental 
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integrity of the ballots, and capable of retaining 
the information marked, printed, or recorded on 
them for the full duration of the retention and 
preservation period called for by title III of the 
Civil Rights Act of 1960 (42 U.S.C. 1974 et 
seq.) or under applicable State law, whichever is 
longer. 
‘‘(B) READABILITY
REQUIREMENTS
FOR 
MACHINE-MARKED
OR
PRINTED
PAPER
BAL-
LOTS.—All voter-verified paper ballots marked 
or printed through the use of a marking or 
printing device shall be clearly readable by the 
naked eye and by a scanner or other device 
equipped for voters with disabilities. 
‘‘(14) PROHIBITING
TURNING
INDIVIDUALS 
AWAY FROM POLLING PLACES BECAUSE OF PROB-
LEMS WITH OR SHORTAGES OF EQUIPMENT, BAL-
LOTS, OR SUPPLIES.— 
‘‘(A) ENSURING
ADEQUATE
EQUIPMENT 
AND SUPPLIES.—Each State shall ensure that 
the voting systems it uses to conduct elections 
for Federal office are designed in a manner 
that ensures that no voter will be unable to cast 
a ballot at a polling place due to a shortage or 
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failure of voting equipment, ballots, or nec-
essary supplies. 
‘‘(B) USE OF EMERGENCY PAPER BALLOTS 
IN
CASE
OF
SYSTEM
OR
EQUIPMENT
FAIL-
URE.—In the event of the failure of voting 
equipment or other circumstance at a polling 
place that causes a delay, any individual who is 
waiting at the polling place to cast a ballot in 
an election for Federal office and who would be 
delayed due to such failure or other cir-
cumstance shall be advised immediately of the 
individual’s right to use an emergency paper 
ballot, and upon request shall be provided with 
an emergency paper ballot for the election and 
the supplies necessary to mark the ballot. Any 
emergency paper ballot which is cast by an indi-
vidual under this subparagraph shall be counted 
and otherwise treated as a regular ballot and 
not as a provisional ballot, unless the individual 
casting the ballot would have otherwise been re-
quired to cast a provisional ballot if the voting 
equipment at the polling place had not failed.’’. 
(2) 
REQUIRING
LABORATORIES
TO
MEET 
STANDARDS PROHIBITING CONFLICTS OF INTEREST 
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AS CONDITION OF ACCREDITATION FOR TESTING OF 
VOTING SYSTEM HARDWARE AND SOFTWARE.— 
(A) IN GENERAL.—Section 231(b) of such 
Act (42 U.S.C. 15371(b)) is amended by add-
ing at the end the following new paragraphs: 
‘‘(3) PROHIBITING
CONFLICTS
OF
INTEREST; 
ENSURING AVAILABILITY OF RESULTS.— 
‘‘(A) IN GENERAL.—A laboratory may not 
be accredited by the Commission for purposes 
of this section unless— 
‘‘(i) the laboratory certifies that the 
only compensation it receives for the test-
ing carried out in connection with the cer-
tification, decertification, and recertifi-
cation of the manufacturer’s voting system 
hardware and software is the payment 
made from the Testing Escrow Account 
under paragraph (4); 
‘‘(ii) the laboratory meets the stand-
ards applicable to the manufacturers of 
voting 
systems 
under 
section 
301(a)(11)(B)(vi), 
together 
with 
such 
standards as the Commission shall estab-
lish (after notice and opportunity for pub-
lic comment) to prevent the existence or 
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appearance of any conflict of interest in 
the testing carried out by the laboratory 
under this section, including standards to 
ensure that the laboratory does not have a 
financial interest in the manufacture, sale, 
and distribution of voting system hardware 
and software, and is sufficiently inde-
pendent from other persons with such an 
interest; 
‘‘(iii) the laboratory certifies that it 
will permit an expert designated by the 
Commission to observe any testing the lab-
oratory carries out under this section; and 
‘‘(iv) the laboratory, upon completion 
of any testing carried out under this sec-
tion, discloses the test protocols, results, 
and all communication between the labora-
tory and the manufacturer to the Commis-
sion. 
‘‘(B) AVAILABILITY
OF
RESULTS.—Upon 
receipt of information under subparagraph (A), 
the Commission shall make the information 
available promptly to election officials and the 
public. 
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‘‘(4) PROCEDURES FOR CONDUCTING TESTING; 
PAYMENT OF USER FEES FOR COMPENSATION OF 
ACCREDITED LABORATORIES.— 
‘‘(A) ESTABLISHMENT
OF
ESCROW
AC-
COUNT.—The Commission shall establish an es-
crow account (to be known as the ‘Testing Es-
crow Account’) for making payments to accred-
ited laboratories for the costs of the testing car-
ried out in connection with the certification, de-
certification, and recertification of voting sys-
tem hardware and software. 
‘‘(B) SCHEDULE OF FEES.—In consulta-
tion with the accredited laboratories, the Com-
mission shall establish and regularly update a 
schedule of fees for the testing carried out in 
connection with the certification, decertification, 
and recertification of voting system hardware 
and software, based on the reasonable costs ex-
pected to be incurred by the accredited labora-
tories in carrying out the testing for various 
types of hardware and software. 
‘‘(C) REQUESTS AND PAYMENTS BY MANU-
FACTURERS.—A manufacturer of voting system 
hardware and software may not have the hard-
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ware or software tested by an accredited labora-
tory under this section unless— 
‘‘(i) the manufacturer submits a de-
tailed request for the testing to the Com-
mission; and 
‘‘(ii) the manufacturer pays to the 
Commission, for deposit into the Testing 
Escrow Account established under sub-
paragraph (A), the applicable fee under the 
schedule established and in effect under 
subparagraph (B). 
‘‘(D) SELECTION OF LABORATORY.—Upon 
receiving a request for testing and the payment 
from a manufacturer required under subpara-
graph (C), the Commission shall select at ran-
dom, from all laboratories which are accredited 
under this section to carry out the specific test-
ing requested by the manufacturer, an accred-
ited laboratory to carry out the testing. 
‘‘(E) PAYMENTS
TO
LABORATORIES.— 
Upon receiving a certification from a laboratory 
selected to carry out testing pursuant to sub-
paragraph (D) that the testing is completed, 
along with a copy of the results of the test as 
required under paragraph (3)(A)(iii), the Com-
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mission shall make a payment to the laboratory 
from the Testing Escrow Account established 
under subparagraph (A) in an amount equal to 
the applicable fee paid by the manufacturer 
under subparagraph (C)(ii). 
‘‘(5) DISSEMINATION OF ADDITIONAL INFORMA-
TION ON ACCREDITED LABORATORIES.— 
‘‘(A) INFORMATION
ON
TESTING.—Upon 
completion of the testing of a voting system 
under this section, the Commission shall 
promptly disseminate to the public the identi-
fication of the laboratory which carried out the 
testing. 
‘‘(B) LABORATORIES
WITH
ACCREDITA-
TION REVOKED OR SUSPENDED.—If the Com-
mission revokes, terminates, or suspends the ac-
creditation of a laboratory under this section, 
the Commission shall promptly notify Congress, 
the chief State election official of each State, 
and the public.’’. 
(B) CONFORMING AMENDMENTS.—Section 
231 of such Act (42 U.S.C. 15371) is further 
amended— 
(i) in subsection (a)(1), by striking 
‘‘testing, certification,’’ and all that follows 
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the standards described in section 231(b)(3) of 
the Help America Vote Act of 2002 and the 
Testing Escrow Account described in section 
231(b)(4) of such Act (as added by subpara-
graph (A)) not later than January 1, 2008. 
(3) SPECIAL CERTIFICATION OF BALLOT DURA-
BILITY
AND
READABILITY
REQUIREMENTS
FOR 
STATES NOT CURRENTLY USING PAPER BALLOTS.— 
If any of the voting systems used in a State for the 
regularly scheduled 2006 general elections for Fed-
eral office did not operate by having voters cast 
votes on paper ballots (such as through the use of 
an optical scan voting system), the State shall cer-
tify to the Election Assistance Commission not later 
than 90 days after the date of the enactment of this 
Act that the State will be in compliance with the re-
quirements of section 301(a)(13) of the Help Amer-
ica Vote of 2002, as added by paragraph (1), in ac-
cordance with the deadline established under this 
Act, and shall include in the certification the meth-
ods by which the State will meet the requirements. 
(d) AVAILABILITY OF ADDITIONAL FUNDING TO EN-
ABLE STATES TO MEET COSTS OF REVISED REQUIRE-
MENTS.— 
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(1) EXTENSION OF REQUIREMENTS PAYMENTS 
FOR
MEETING
REVISED
REQUIREMENTS.—Section 
257(a) of the Help America Vote Act of 2002 (42 
U.S.C. 15407(a) is amended by adding at the end 
the following new paragraph: 
‘‘(4) For fiscal year 2007, $300,000,000, except 
that any funds provided under the authorization 
made by this paragraph shall be used by a State 
only to meet the requirements of title III which are 
first imposed on the State pursuant to the amend-
ments made by section 2 of the Voter Confidence 
and Increased Accessibility Act of 2007, or to other-
wise modify or replace its voting systems in response 
to such amendments.’’. 
(2) USE OF REVISED FORMULA FOR ALLOCA-
TION OF FUNDS.—Section 252(b) of such Act (42 
U.S.C. 15402(b)) is amended to read as follows: 
‘‘(b) STATE ALLOCATION PERCENTAGE DEFINED.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), the ‘State allocation percentage’ for a 
State is the amount (expressed as a percentage) 
equal to the quotient of— 
‘‘(A) the voting age population of the State 
(as reported in the most recent decennial cen-
sus); and 
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‘‘(B) the total voting age population of all 
States (as reported in the most recent decennial 
census). 
‘‘(2) SPECIAL RULE FOR PAYMENTS FOR FIS-
CAL YEAR 2007.— 
‘‘(A) IN GENERAL.—In the case of the re-
quirements payment made to a State for fiscal 
year 2007, the ‘State allocation percentage’ for 
a State is the amount (expressed as a percent-
age) equal to the quotient of— 
‘‘(i) the number of remedial precincts 
in the State; and 
‘‘(ii) the total number of remedial pre-
cincts in all States. 
‘‘(B) REMEDIAL PRECINCT DEFINED.—In 
this paragraph, a ‘remedial precinct’ means any 
precinct (or equivalent location) within the 
State for which the voting system used to ad-
minister the regularly scheduled general election 
for Federal office held in November 2006— 
‘‘(i) did not use paper as the medium 
for vote casting, or if the system used 
paper, did not use durable paper of archi-
val quality; or 
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‘‘(ii) did not provide that the entire 
process of ballot verification was equipped 
for individuals with disabilities.’’. 
(3) INCREASE IN STATE MINIMUM SHARE OF 
PAYMENT.—Section 252(c) of such Act (42 U.S.C. 
15402(c)) is amended— 
(A) in paragraph (1), by inserting after 
‘‘one-half of 1 percent’’ the following: ‘‘(or, in 
the case of the payment made for fiscal year 
2007, 1 percent)’’; and 
(B) in paragraph (2), by inserting after 
‘‘one-tenth of 1 percent’’ the following: ‘‘(or, in 
the case of the payment made for fiscal year 
2007, one-half of 1 percent)’’. 
(4) REVISED
CONDITIONS
FOR
RECEIPT
OF 
FUNDS.—Section 253 of such Act (42 U.S.C. 
15403) is amended— 
(A) in subsection (a), by striking ‘‘A State 
is eligible’’ and inserting ‘‘Except as provided in 
subsection (f), a State is eligible’’; and 
(B) by adding at the end the following new 
subsection: 
‘‘(f) SPECIAL RULE FOR FISCAL YEAR 2007.—Not-
withstanding any other provision of this part, a State is 
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eligible to receive a requirements payment for fiscal year 
2007 if— 
‘‘(1) not later than 30 days after the date of 
the enactment of the Voter Confidence and In-
creased Accessibility Act of 2007, the State certifies 
to the Commission the number of remedial precincts 
in the State (as defined in section 252(b)(2)(B)); 
and 
‘‘(2) not later than 90 days after the date of 
the enactment of such Act, the chief executive officer 
of the State, or designee, in consultation and coordi-
nation with the chief State election official, has filed 
a statement with the Commission describing the 
State’s need for the payment and how the State will 
use the payment to meet the requirements of title 
III (in accordance with the limitations applicable to 
the use of the payment under section 257(a)(4)).’’. 
(5) PERMITTING
USE
OF
FUNDS
FOR
REIM-
BURSEMENT 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 following: ‘‘, or as a reim-
bursement for any costs incurred in meeting the re-
quirements of title III which are imposed pursuant 
to the amendments made by section 2 of the Voter 
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Confidence and Increased Accessibility Act of 2007 
or in otherwise modifying or replacing voting sys-
tems in response to such amendments.’’. 
(6) RULE
OF
CONSTRUCTION
REGARDING 
STATES RECEIVING OTHER FUNDS FOR REPLACING 
PUNCH
CARD, LEVER, OR
OTHER
VOTING
MA-
CHINES.—Nothing in the amendments made by this 
subsection or in any other provision of the Help 
America Vote Act of 2002 may be construed to pro-
hibit a State which received or was authorized to re-
ceive 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 
subsection. 
(7) EFFECTIVE DATE.—The amendments made 
by this subsection shall apply with respect to fiscal 
years beginning with fiscal year 2007. 
SEC. 3. ENHANCEMENT OF ENFORCEMENT OF HELP AMER-
ICA VOTE ACT OF 2002. 
Section 401 of such Act (42 U.S.C. 15511) is amend-
ed— 
(1) by striking ‘‘The Attorney General’’ and in-
serting ‘‘(a) IN GENERAL.—The Attorney General’’; 
and 
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(2) by adding at the end the following new sub-
sections: 
‘‘(b) FILING OF COMPLAINTS BY AGGRIEVED PER-
SONS.— 
‘‘(1) IN GENERAL.—A person who is aggrieved 
by a violation of section 301, 302, or 303 which has 
occurred, is occurring, or is about to occur may file 
a written, signed, notarized complaint with the At-
torney General describing the violation and request-
ing the Attorney General to take appropriate action 
under this section. 
‘‘(2) RESPONSE BY ATTORNEY GENERAL.—The 
Attorney General shall respond to each complaint 
filed under paragraph (1), in accordance with proce-
dures established by the Attorney General that re-
quire responses and determinations to be made with-
in the same (or shorter) deadlines which apply to a 
State under the State-based administrative com-
plaint procedures described in section 402(a)(2). 
‘‘(c) CLARIFICATION OF AVAILABILITY OF PRIVATE 
RIGHT OF ACTION.—Nothing in this section may be con-
strued to prohibit any person from bringing an action 
under section 1979 of the Revised Statutes of the United 
States (42 U.S.C. 1983) (including any individual who 
seeks to enforce the individual’s right to a voter-verified 
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paper ballot, the right to have the voter-verified paper bal-
lot counted in an election, or any other right under subtitle 
A of title III) to enforce the uniform and nondiscrim-
inatory election technology and administration require-
ments under sections 301, 302, and 303. 
‘‘(d) NO EFFECT ON STATE PROCEDURES.—Nothing 
in this section may be construed to affect the availability 
of the State-based administrative complaint procedures re-
quired under section 402 to any person filing a complaint 
under this subsection.’’. 
SEC. 4. EXTENSION OF AUTHORIZATION OF ELECTION AS-
SISTANCE COMMISSION. 
(a) IN GENERAL.—Section 210 of the Help America 
Vote Act of 2002 (42 U.S.C. 15330) is amended by strik-
ing ‘‘each of the fiscal years 2003 through 2005’’ and in-
serting ‘‘each fiscal year beginning with fiscal year 2003’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall take effect as if included in the enact-
ment of the Help America Vote Act of 2002. 
SEC. 5. REQUIREMENT FOR MANDATORY MANUAL AUDITS 
BY HAND COUNT. 
(a) MANDATORY MANUAL AUDITS
BY ELECTION 
AUDIT BOARDS.—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: 
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‘‘Subtitle C—Mandatory Manual 
Audits by Election Audit Boards 
‘‘SEC. 321. ESTABLISHMENT OF ELECTION AUDIT BOARDS. 
‘‘(a) ESTABLISHMENT.—Not later than 60 days be-
fore the date of each election for Federal office held in 
the State, the chief auditor of each State shall appoint 
an Election Audit Board to administer, without advance 
notice to the precincts selected, random hand counts of 
the voter-verified paper ballots required to be produced 
and preserved pursuant to section 301(a)(2) for each such 
election held in the State (and, at the option of the State 
or jurisdiction involved, of elections for State and local of-
fice held at the same time as such election). 
‘‘(b) COMPOSITION.— 
‘‘(1) IN GENERAL.—Each political party in the 
State with a candidate in any of the regularly sched-
uled elections for Federal office held in the State 
whose candidates in the most recent regularly sched-
uled general elections in the State received at least 
5% of the aggregate number of all votes cast in such 
elections, together with any independent candidate 
who received at least 5% of the aggregate number 
of all votes cast in the most recent regularly sched-
uled general elections in the State, shall select a 
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qualified individual for appointment to the Election 
Audit Board of the State. 
‘‘(2) UNAFFILIATED MEMBERS.—In addition to 
the individuals serving on the Board pursuant to 
paragraph (1), the chief auditor of the State shall 
appoint qualified individuals who are not nominated 
by any political party or candidate and who are not 
employees or agents of any political party or can-
didate to serve on the Board. The number of individ-
uals appointed pursuant to this paragraph shall be 
sufficient to ensure that the total number of individ-
uals serving on the Board is an odd number not less 
than 7. 
‘‘(3) QUALIFICATIONS.—An individual is quali-
fied to be appointed to the Board if the individual 
has professional experience in carrying out audits on 
an impartial basis, and does not have any conflict of 
interest with the manufacturer or vendor of any vot-
ing system which was used in any of the elections 
that will be audited by the Board. 
‘‘(4) DIVERSITY IN APPOINTMENTS.—In mak-
ing appointments to the Board, the chief auditor of 
the State shall (to the greatest extent practicable) 
ensure that the members of the Board reflect the de-
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mographic composition of the voting age population 
of the State. 
‘‘(c) SPECIAL RULE FOR RUNOFF
AND SPECIAL 
ELECTIONS.— 
‘‘(1) RUNOFF ELECTIONS.—If a runoff election 
for Federal office is held in the State, the Election 
Audit Board which was appointed for the initial elec-
tion which resulted in the runoff election shall serve 
as the Election Audit Board with respect to the run-
off election. 
‘‘(2) SPECIAL ELECTIONS.—If a special election 
for Federal office is held in the State (other than a 
special election held on the same date as the date of 
a regularly scheduled election for Federal office), the 
Election Audit Board which was appointed for the 
most recent regularly scheduled election for Federal 
office in the State shall serve as the Election Audit 
Board with respect to the special election. 
‘‘(d) CHIEF AUDITOR DEFINED.—In this subsection, 
the ‘chief auditor’ of a State is an official of the State 
government, who, as designated by the Attorney General 
of the State and certified by the Attorney General of the 
State to the Commission, is responsible for conducting an-
nual audits of the operations of the government of the 
State under the laws or constitution of the State, except 
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that in no case may an individual serve as the chief audi-
tor of a State under this subsection if the individual is 
the chief State election official. 
‘‘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 
Audit Board 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 10 percent of all precincts (or 
equivalent locations) in the Congressional district in-
volved (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 
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will be at least as effective in ensuring the accuracy of 
the election results and as transparent as the procedure 
under subsection (a). 
‘‘SEC. 323. PROCESS FOR ADMINISTERING AUDITS. 
‘‘(a) IN GENERAL.—The Election Audit Board of a 
State shall administer an audit under this section of the 
results of an election in accordance with the following pro-
cedures: 
‘‘(1) Within 24 hours after the State announces 
the final unofficial vote count in each precinct in the 
State, the Board shall determine and then announce 
the precincts in the State in which it will administer 
the audits. 
‘‘(2) With respect to votes cast at the precinct 
or equivalent location on or before the date of the 
election (other than provisional ballots described in 
paragraph (3)), the Board shall administer the hand 
count of the votes on the paper voter-verified ballots 
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 unofficial count 
of such votes as announced by the State. 
‘‘(3) 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 
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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 
Board shall administer the hand count of the appli-
cable voter-verified ballots required to be produced 
and preserved under section 301(a)(2)(A) and sec-
tion 301(a)(2)(B) and compare the count it admin-
isters with the count of such votes as announced by 
the State. 
‘‘(b) SPECIAL RULE IN CASE OF DELAY IN REPORT-
ING ABSENTEE VOTE COUNT.—In the case of a State in 
which, under State law, the final count of absentee and 
provisional votes is not announced until after the expira-
tion of the 7-day period which begins on the date of the 
election, the Election Audit Board shall initiate the proc-
ess 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 
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(a)(3) not later than 24 hours after the State announces 
the final unofficial count of such votes. 
‘‘(c) ADDITIONAL AUDITS IF CAUSE SHOWN.— 
‘‘(1) IN
GENERAL.—If the Election Audit 
Board finds that any of the hand counts adminis-
tered under this section do not match the final unof-
ficial tally of the results of an election, the Board 
shall administer hand counts under this section of 
such additional precincts (or equivalent jurisdictions) 
as the Board considers appropriate to resolve any 
concerns resulting from the audit and ensure the ac-
curacy of the results. 
‘‘(2) ESTABLISHMENT
AND
PUBLICATION
OF 
PROCEDURES
GOVERNING
ADDITIONAL
AUDITS.— 
Not later than January 1, 2008, 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 results. 
‘‘(d) 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. 
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‘‘SEC. 324. SELECTION OF PRECINCTS. 
‘‘(a) IN GENERAL.—Except as provided in subsection 
(c), the selection of the precincts in the State in which 
the Election Audit Board of the State shall administer the 
hand counts under this subtitle shall be made by the 
Board on an entirely random basis using a uniform dis-
tribution in which all precincts in a State have an equal 
chance of being selected, in accordance with such proce-
dures as the Commission determines appropriate, except 
that— 
‘‘(1) at least one precinct shall be selected at 
random in each county; and 
‘‘(2) the Commission shall publish the proce-
dures in the Federal Register prior to the selection 
of the precincts. 
‘‘(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 establishes a separate precinct for purposes of 
counting the absentee ballots cast in an election and treats 
all absentee ballots as having been cast in that precinct, 
and if the state does not make absentee ballots sortable 
by precinct, the State shall include that precinct among 
the precincts in the State in which the Election Audit 
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Board shall administer the hand counts under this sub-
title. 
‘‘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 Audit Board of a State shall submit to the 
Commission 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 Board under the 
audit and the final unofficial vote count in the precinct 
as announced by the State, as well as a list of any discrep-
ancies discovered between the initial, subsequent, and final 
hand counts administered by the Board and such final un-
official vote count and any explanation for such discrep-
ancies, broken down by the categories of votes described 
in paragraphs (2) and (3) of section 323(a). 
‘‘(b) PUBLICATION
BY COMMISSION.—Immediately 
after receiving the submission of the results of an audit 
from the Election Audit Board 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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sults of any election which is subject to an audit 
under this subtitle prior to the completion of the 
audit and the announcement and submission of the 
results of the audit to the Commission for publica-
tion of the information required under this section. 
‘‘(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. 
‘‘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. 
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‘‘(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 an-
ticipated to be incurred by the State in carrying 
out this subtitle with respect to the elections in-
volved; 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 
equal to the reasonable costs anticipated to be in-
curred by the State in carrying out this subtitle with 
respect to the elections involved, as set forth in the 
statement submitted under paragraph (1) a notice 
submitted by the State to the Commission (in such 
form and containing such information as the Com-
mission may require). 
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‘‘(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) AUTHORIZATION OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Commission for 
fiscal year 2008 and each succeeding fiscal year such sums 
as may be necessary for payments under this section. 
‘‘SEC. 327. EXCEPTION FOR ELECTIONS SUBJECT TO AUTO-
MATIC RECOUNT UNDER STATE LAW. 
‘‘This subtitle does not apply to any election for 
which a recount is required automatically under State law 
because of the margin of victory between the two can-
didates receiving the largest number of votes in the elec-
tion. Nothing in the previous sentence may be construed 
to waive the application of any other provision of this Act 
to any election (including the ballot verification and audit 
capacity requirements of section 301(a)(2)). 
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‘‘SEC. 328. EFFECTIVE DATE. 
‘‘This subtitle shall apply with respect to elections for 
Federal office beginning with the regularly scheduled gen-
eral elections held in November 2008.’’. 
(b) AVAILABILITY OF ENFORCEMENT UNDER HELP 
AMERICA VOTE ACT OF 2002.—Section 401 of such Act 
(42 U.S.C. 15511), as amended by section 3, is amend-
ed— 
(1) in subsection (a), by striking the period at 
the end and inserting the following: ‘‘, or the re-
quirements of subtitle C of title III.’’; 
(2) in subsection (b)(1), by striking ‘‘section 
303’’ and inserting ‘‘section 303, or subtitle C of 
title III,’’; and 
(3) in subsection (c)— 
(A) by striking ‘‘subtitle A’’ and inserting 
‘‘subtitles A or C’’, and 
(B) by striking the period at the end and 
inserting the following: ‘‘, or the requirements 
of subtitle C of title III.’’. 
(c) CLERICAL AMENDMENT.—The table of contents 
of such Act is amended by adding at the end of the item 
relating to title III the following: 
‘‘Subtitle C—Mandatory Manual Audits by Election Audit Boards 
‘‘Sec. 321. Establishment of Election Audit Boards. 
‘‘Sec. 322. Number of ballots counted under audit. 
‘‘Sec. 323. Process for administering audits. 
‘‘Sec. 324. Selection of precincts. 
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‘‘Sec. 325. Publication of results. 
‘‘Sec. 326. Payments to States. 
‘‘Sec. 327. Exception for elections subject to automatic recount within 24 hours 
under State law. 
‘‘Sec. 328. Effective date.’’. 
SEC. 6. REPEAL OF EXEMPTION OF ELECTION ASSISTANCE 
COMMISSION FROM CERTAIN GOVERNMENT 
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 
into by the Election Assistance Commission on or after 
the date of the enactment of this Act. 
SEC. 7. EFFECTIVE DATE. 
Except as otherwise provided, this Act and the 
amendments made by this Act shall apply with respect to 
elections for Federal office occurring during 2008 and 
each succeeding year. 
Æ 
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