SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Securing America’s Federal Elections Act’’ or the 
‘‘SAFE Act’’. 
(b) TABLE OF CONTENTS.—The table of contents of 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
TITLE I—FINANCIAL SUPPORT FOR ELECTION INFRASTRUCTURE 
Subtitle A—Voting System Security Improvement Grants 
PART 1—PROMOTING ACCURACY, INTEGRITY, AND SECURITY THROUGH 
VOTER-VERIFIED PERMANENT PAPER BALLOT 
Sec. 101. Short title. 
Sec. 102. Paper ballot and manual counting requirements. 
Sec. 103. Accessibility and ballot verification for individuals with disabilities. 
Sec. 104. Durability and readability requirements for ballots. 
Sec. 105. Paper ballot printing requirements. 
Sec. 106. Study and report on optimal ballot design. 
Sec. 107. Effective date for new requirements. 
PART 2—GRANTS TO CARRY OUT IMPROVEMENTS 
Sec. 111. Grants for obtaining compliant paper ballot voting systems and car-
rying out voting system security improvements. 
Sec. 112. Coordination of voting system security activities with use of require-
ments payments and election administration requirements 
under Help America Vote Act of 2002. 
Sec. 113. Incorporation of definitions. 
Subtitle B—Risk-Limiting Audits 
Sec. 121. Risk-limiting audits. 
Sec. 122. Funding for conducting post-election risk-limiting audits. 
Sec. 123. GAO analysis of effects of audits. 
TITLE II—PROMOTING CYBERSECURITY THROUGH 
IMPROVEMENTS IN ELECTION ADMINISTRATION 
Sec. 201. Voting system cybersecurity requirements. 
Sec. 202. Testing of existing voting systems to ensure compliance with election 
cybersecurity guidelines and other guidelines. 
Sec. 203. Requiring use of software and hardware for which information is dis-
closed by manufacturer. 
Sec. 204. Treatment of electronic poll books as part of voting systems. 
Sec. 205. Pre-election reports on voting system usage. 
Sec. 206. Streamlining collection of election information.
TITLE III—USE OF VOTING MACHINES MANUFACTURED IN THE 
UNITED STATES 
Sec. 301. Use of voting machines manufactured in the United States. 
TITLE IV—SEVERABILITY 
Sec. 401. Severability. 
TITLE I—FINANCIAL SUPPORT 
FOR ELECTION INFRASTRUC-
TURE 
Subtitle A—Voting System Security 
Improvement Grants 
PART 1—PROMOTING ACCURACY, INTEGRITY, 
AND SECURITY THROUGH VOTER-VERIFIED 
PERMANENT PAPER BALLOT 
SEC. 101. SHORT TITLE. 
This subtitle may be cited as the ‘‘Voter Confidence 
and Increased Accessibility Act of 2019’’. 
SEC. 102. PAPER BALLOT AND MANUAL COUNTING RE-
QUIREMENTS. 
(a) IN GENERAL.—Section 301(a)(2) of the Help 
America Vote Act of 2002 (52 U.S.C. 21081(a)(2)) is 
amended to read as follows: 
‘‘(2) PAPER BALLOT REQUIREMENT.— 
‘‘(A) VOTER-VERIFIED PAPER BALLOTS.— 
‘‘(i) PAPER BALLOT REQUIREMENT.— 
(I) The voting system shall require the use 
of an individual, durable, voter-verified 
paper ballot of the voter’s vote that shall
be marked and made available for inspec-
tion and verification by the voter before 
the voter’s vote is cast and counted, and 
which shall be counted by hand or read by 
an optical character recognition device or 
other counting device. For purposes of this 
subclause, the term ‘individual, durable, 
voter-verified paper ballot’ means a paper 
ballot marked by the voter by hand or a 
paper ballot marked through the use of a 
nontabulating ballot marking device or sys-
tem, so long as the voter shall have the op-
tion to mark his or her ballot by hand. The 
paper ballot shall be printed or marked in 
such a way that vote selections, including 
all vote selections scanned by voting sys-
tems to tabulate votes, can be inspected 
and verified by the voter without training 
or instruction or audited by election offi-
cials without the aid of any machine or 
other equipment. 
‘‘(II) The voting system shall provide 
the voter with an opportunity to correct 
any error on the paper ballot before the
permanent voter-verified paper ballot is 
preserved in accordance with clause (ii). 
‘‘(III) The voting system shall not 
preserve the voter-verified 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 without the voter’s consent. 
‘‘(ii) PRESERVATION
AS
OFFICIAL 
RECORD.—The individual, durable, voter- 
verified paper ballot used in accordance 
with clause (i) shall constitute the official 
ballot and shall be preserved and used as 
the official ballot for purposes of any re-
count or audit conducted with respect to 
any election for Federal office in which the 
voting system is used. 
‘‘(iii) MANUAL
COUNTING
REQUIRE-
MENTS FOR RECOUNTS AND AUDITS.—(I) 
Each paper ballot used pursuant to clause 
(i) shall be suitable for a manual audit, 
and shall be counted by hand in any re-
count or audit conducted with respect to 
any election for Federal office.
‘‘(II) 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, durable, voter-verified paper ballots 
used pursuant to clause (i), and subject to 
subparagraph (B), the individual, durable, 
voter-verified paper ballots shall be the 
true and correct record of the votes cast. 
‘‘(iv) APPLICATION
TO
ALL
BAL-
LOTS.—The requirements of this subpara-
graph shall apply to all ballots cast in elec-
tions for Federal office, including ballots 
cast by absent uniformed services voters 
and overseas voters under the Uniformed 
and Overseas Citizens Absentee Voting Act 
and other absentee voters. 
‘‘(B) SPECIAL RULE FOR TREATMENT OF 
DISPUTES WHEN PAPER BALLOTS HAVE BEEN 
SHOWN TO BE COMPROMISED.— 
‘‘(i) IN
GENERAL.—In the event 
that— 
‘‘(I) there is any inconsistency 
between any electronic vote tallies and 
the vote tallies determined by count-
ing by hand the individual, durable, 
voter-verified paper ballots used pur-
suant to subparagraph (A)(i) with re-
spect to any election for Federal of-
fice; and 
‘‘(II) it is demonstrated by clear 
and convincing evidence (as deter-
mined in accordance with the applica-
ble standards in the jurisdiction in-
volved) in any recount, audit, or con-
test of the result of the election that 
the paper ballots have been com-
promised (by damage or mischief or 
otherwise) and that a sufficient num-
ber of the ballots have been so com-
promised that the result of the elec-
tion could be changed, 
the determination of the appropriate rem-
edy with respect to the election shall be 
made in accordance with applicable State 
law, except that the electronic tally shall 
not be used as the exclusive basis for de-
termining the official certified result. 
‘‘(ii) RULE FOR CONSIDERATION OF 
BALLOTS ASSOCIATED WITH EACH VOTING
MACHINE.—For purposes of clause (i), 
only the paper ballots deemed com-
promised, if any, shall be considered in the 
calculation of whether or not the result of 
the election could be changed due to the 
compromised paper ballots.’’. 
(b) CONFORMING AMENDMENT CLARIFYING APPLI-
CABILITY OF ALTERNATIVE LANGUAGE ACCESSIBILITY.— 
Section 301(a)(4) of such Act (52 U.S.C. 21081(a)(4)) 
is amended by inserting ‘‘(including the paper ballots re-
quired to be used under paragraph (2))’’ after ‘‘voting sys-
tem’’. 
(c) OTHER CONFORMING AMENDMENTS.—Section 
301(a)(1) of such Act (52 U.S.C. 21081(a)(1)) is amend-
ed— 
(1) in subparagraph (A)(i), by striking ‘‘count-
ed’’ and inserting ‘‘counted, in accordance with 
paragraphs (2) and (3)’’; 
(2) in subparagraph (A)(ii), by striking ‘‘count-
ed’’ and inserting ‘‘counted, in accordance with 
paragraphs (2) and (3)’’; 
(3) in subparagraph (A)(iii), by striking ‘‘count-
ed’’ each place it appears and inserting ‘‘counted, in 
accordance with paragraphs (2) and (3)’’; and
(4) in subparagraph (B)(ii), by striking ‘‘count-
ed’’ and inserting ‘‘counted, in accordance with 
paragraphs (2) and (3)’’. 
SEC. 103. ACCESSIBILITY AND BALLOT VERIFICATION FOR 
INDIVIDUALS WITH DISABILITIES. 
(a) IN GENERAL.—Section 301(a)(3)(B) of the Help 
America Vote Act of 2002 (52 U.S.C. 21081(a)(3)(B)) is 
amended to read as follows: 
‘‘(B)(i) ensure that individuals with dis-
abilities and others are given an equivalent op-
portunity to vote, including with privacy and 
independence, in a manner that produces a 
voter-verified paper ballot as for other voters; 
‘‘(ii) satisfy the requirement of subpara-
graph (A) through the use of at least one voting 
system equipped for individuals with disabil-
ities, including nonvisual and enhanced visual 
accessibility for the blind and visually impaired, 
and nonmanual and enhanced manual accessi-
bility for the mobility and dexterity impaired, at 
each polling place; and 
‘‘(iii) 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 permanent paper 
ballot through the presentation, in acces-
sible form, of the printed or marked vote 
selections from the same printed or 
marked information that would be used for 
any vote counting or auditing; and 
‘‘(II) allows the voter to privately and 
independently verify and cast the perma-
nent paper ballot without requiring the 
voter to manually handle the paper ballot; 
and’’. 
(b) SPECIFIC REQUIREMENT OF STUDY, TESTING, 
AND DEVELOPMENT
OF ACCESSIBLE PAPER BALLOT 
VERIFICATION MECHANISMS.— 
(1) STUDY
AND
REPORTING.—Subtitle C of 
title II of such Act (52 U.S.C. 21081 et seq.) is 
amended— 
(A) by redesignating section 247 as section 
248; and 
(B) by inserting after section 246 the fol-
lowing new section:
‘‘SEC. 247. STUDY AND REPORT ON ACCESSIBLE PAPER 
BALLOT VERIFICATION MECHANISMS. 
‘‘(a) STUDY AND REPORT.—The Director of the Na-
tional Science Foundation shall make grants to not fewer 
than three eligible entities to study, test, and develop ac-
cessible paper ballot voting, verification, and casting mech-
anisms and devices and best practices to enhance the ac-
cessibility of paper ballot voting and verification mecha-
nisms for individuals with disabilities, for voters whose pri-
mary language is not English, and for voters with difficul-
ties in literacy, including best practices for the mecha-
nisms themselves and the processes through which the 
mechanisms are used. 
‘‘(b) ELIGIBILITY.—An entity is eligible to receive a 
grant under this part if it submits to the Director (at such 
time and in such form as the Director may require) an 
application containing— 
‘‘(1) certifications that the entity shall specifi-
cally investigate enhanced methods or devices, in-
cluding non-electronic devices, that will assist such 
individuals and voters in marking voter-verified 
paper ballots and presenting or transmitting the in-
formation printed or marked on such ballots back to 
such individuals and voters, and casting such ballots;
‘‘(2) a certification that the entity shall com-
plete the activities carried out with the grant not 
later than December 31, 2020; and 
‘‘(3) such other information and certifications 
as the Director may require. 
‘‘(c) AVAILABILITY
OF TECHNOLOGY.—Any tech-
nology developed with the grants made under this section 
shall be treated as non-proprietary and shall be made 
available to the public, including to manufacturers of vot-
ing systems. 
‘‘(d) COORDINATION WITH GRANTS
FOR TECH-
NOLOGY IMPROVEMENTS.—The Director shall carry out 
this section so that the activities carried out with the 
grants made under subsection (a) are coordinated with the 
research conducted under the grant program carried out 
by the Commission under section 271, to the extent that 
the Director and Commission determine necessary to pro-
vide for the advancement of accessible voting technology. 
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There 
is authorized to be appropriated to carry out subsection 
(a) $5,000,000, to remain available until expended.’’. 
(2) CLERICAL AMENDMENT.—The table of con-
tents of such Act is amended— 
(A) by redesignating the item relating to 
section 247 as relating to section 248; and
(B) by inserting after the item relating to 
section 246 the following new item: 
‘‘Sec. 247. Study and report on accessible paper ballot verification mecha-
nisms.’’. 
(c) CLARIFICATION OF ACCESSIBILITY STANDARDS 
UNDER VOLUNTARY VOTING SYSTEM GUIDANCE.—In 
adopting any voluntary guidance under subtitle B of title 
III of the Help America Vote Act with respect to the ac-
cessibility of the paper ballot verification requirements for 
individuals with disabilities, the Election Assistance Com-
mission shall include and apply the same accessibility 
standards applicable under the voluntary guidance adopt-
ed for accessible voting systems under such subtitle. 
(d) PERMITTING USE OF FUNDS FOR PROTECTION 
AND ADVOCACY SYSTEMS TO SUPPORT ACTIONS TO EN-
FORCE ELECTION-RELATED DISABILITY ACCESS.—Sec-
tion 292(a) of the Help America Vote Act of 2002 (52 
U.S.C. 21062(a)) is amended by striking ‘‘; except that’’ 
and all that follows and inserting a period. 
SEC. 104. DURABILITY AND READABILITY REQUIREMENTS 
FOR BALLOTS. 
Section 301(a) of the Help America Vote Act of 2002 
(52 U.S.C. 21081(a)) is amended by adding at the end 
the following new paragraph: 
‘‘(7) DURABILITY AND READABILITY REQUIRE-
MENTS FOR BALLOTS.—
‘‘(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.’’.
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).
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-
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
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
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
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-
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 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.
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-
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
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.
‘‘(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
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
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).
‘‘(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.
‘‘(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
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:
‘‘(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
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
‘‘(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-
ANCE COMMISSION.—Section 214(a) of such Act (52 
U.S.C. 20944(a)) is amended— 
(1) by striking ‘‘37 members’’ and inserting 
‘‘38 members’’; and 
(2) by adding at the end the following new 
paragraph: 
‘‘(17) The Secretary of Homeland Security or 
the Secretary’s designee.’’. 
(c) REPRESENTATIVE OF DEPARTMENT OF HOME-
LAND SECURITY ON TECHNICAL GUIDELINES DEVELOP-
MENT COMMITTEE.—Section 221(c)(1) of such Act (52 
U.S.C. 20961(c)(1)) is amended— 
(1) by redesignating subparagraph (E) as sub-
paragraph (F); and 
(2) by inserting after subparagraph (D) the fol-
lowing new subparagraph: 
‘‘(E) A representative of the Department 
of Homeland Security.’’. 
(d) GOALS OF PERIODIC STUDIES OF ELECTION AD-
MINISTRATION ISSUES; CONSULTATION WITH SECRETARY 
OF HOMELAND SECURITY.—Section 241(a) of such Act 
(52 U.S.C. 20981(a)) is amended— 
(1) in the matter preceding paragraph (1), by 
striking ‘‘the Commission shall’’ and inserting ‘‘the
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
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
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.
‘‘(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.’’.
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,
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
‘‘(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
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-
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
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.’’.
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.—
available without fiscal year limitation until ex-
pended.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
of such Act, as amended by section 111(b), is further 
amended by adding at the end of the items relating to 
subtitle D of title II the following: 
‘‘PART 8—FUNDING FOR POST-ELECTION RISK-LIMITING AUDITS 
‘‘Sec. 298. Payments for post-election risk-limiting audits.’’. 
SEC. 123. GAO ANALYSIS OF EFFECTS OF AUDITS. 
(a) ANALYSIS.—Not later than 6 months after the 
first elections for Federal office is held for which States 
must conduct risk-limiting audits under section 303A of 
the Help America Vote Act of 2002 (as added by section 
121), the Comptroller General of the United States shall 
conduct an analysis of the extent to which such audits 
have improved the administration of such elections and the 
security of election infrastructure in the States receiving 
such grants. 
(b) REPORT.—The Comptroller General of the 
United States shall submit a report on the analysis con-
ducted under subsection (a) to the Committee on House 
Administration of the House of Representatives and the 
Committee on Rules and Administration of the Senate.
TITLE II—PROMOTING CYBERSE-
CURITY THROUGH IMPROVE-
MENTS IN ELECTION ADMIN-
ISTRATION 
SEC. 201. VOTING SYSTEM CYBERSECURITY REQUIRE-
MENTS. 
(a) BALLOT TABULATING DEVICES.— Section 301(a) 
of the Help America Vote Act of 2002 (52 U.S.C. 
21081(a)), as amended by section 104 and section 105, 
is further amended by adding at the end the following new 
paragraph: 
‘‘(9) BALLOT TABULATING METHODS.— 
‘‘(A) IN
GENERAL.—The voting system 
tabulates ballots by hand or through the use of 
an optical scanning device that meets the re-
quirements of subparagraph (B). 
‘‘(B) REQUIREMENTS FOR OPTICAL SCAN-
NING
DEVICES.—Except as provided in sub-
paragraph (C), the requirements of this sub-
paragraph are as follows: 
‘‘(i) The device is designed and built 
in a manner in which it is mechanically im-
possible for the device to add or change the 
vote selections on a printed or marked bal-
lot.
‘‘(ii) The device is capable of export-
ing its data (including vote tally data sets 
and cast vote records) in a machine-read-
able, open data standard format required 
by the Commission, in consultation with 
the Director of the National Institute of 
Standards and Technology. 
‘‘(iii) The device consists of hardware 
that demonstrably conforms to a hardware 
component manifest describing point-of-or-
igin information (including upstream hard-
ware supply chain information for each 
component) that— 
‘‘(I) has been provided to the 
Commission, the Director of Cyberse-
curity and Infrastructure Security, 
and the chief State election official for 
each State in which the device is used; 
and 
‘‘(II) may be shared by any enti-
ty to whom it has been provided under 
subclause (I) with independent experts 
for cybersecurity analysis. 
‘‘(iv) The device utilizes technology 
that prevents the operation of the device if
any hardware components do not meet the 
requirements of clause (iii). 
‘‘(v) The device operates using soft-
ware for which the source code, system 
build tools, and compilation parameters— 
‘‘(I) have been provided to the 
Commission, the Director of Cyberse-
curity and Infrastructure Security, 
and the chief State election official for 
each State in which the device is used; 
and 
‘‘(II) may be shared by any enti-
ty to whom it has been provided under 
subclause (I) with independent experts 
for cybersecurity analysis. 
‘‘(vi) The device utilizes technology 
that prevents the running of software on 
the device that does not meet the require-
ments of clause (v). 
‘‘(vii) The device utilizes technology 
that enables election officials, cybersecurity 
researchers, and voters to verify that the 
software running on the device—
‘‘(I) was built from a specific, 
untampered version of the code that is 
described in clause (v); and 
‘‘(II) uses the system build tools 
and compilation parameters that are 
described in clause (v). 
‘‘(viii) The device contains such other 
security requirements as the Director of 
Cybersecurity and Infrastructure Security 
requires. 
‘‘(C) WAIVER.— 
‘‘(i) IN
GENERAL.—The Director of 
Cybersecurity and Infrastructure Security, 
in consultation with the Director of the 
National Institute of Standards and Tech-
nology, may waive one or more of the re-
quirements of subparagraph (B) (other 
than the requirement of clause (i) thereof) 
with respect to any device for a period of 
not to exceed 2 years. 
‘‘(ii) PUBLICATION.—Information re-
lating to any waiver granted under clause 
(i) shall be made publicly available on the 
Internet.
‘‘(D) EFFECTIVE DATE.—Each State and 
jurisdiction shall be required to comply with the 
requirements of this paragraph for the regularly 
scheduled election for Federal office in Novem-
ber 2024, and for each subsequent election for 
Federal office.’’. 
(b) OTHER CYBERSECURITY REQUIREMENTS.— Sec-
tion 301(a) of such Act (52 U.S.C. 21081(a)), as amended 
by section 104, section 105, and subsection (a), is further 
amended by adding at the end the following new para-
graphs: 
‘‘(10) PROHIBITION OF USE OF WIRELESS COM-
MUNICATIONS DEVICES IN SYSTEMS OR DEVICES.— 
‘‘(A) IN GENERAL.—No system or device 
upon which ballot marking devices or optical 
scanners are configured, upon which ballots are 
marked by voters (except as necessary for indi-
viduals with disabilities to use ballot marking 
devices that meet the accessibility requirements 
of paragraph (3)), or upon which votes are cast, 
tabulated, or aggregated shall contain, use, or 
be accessible by any wireless, power-line, or con-
cealed communication device. 
‘‘(B) EFFECTIVE DATE.—Each State and 
jurisdiction shall be required to comply with the
requirements of this paragraph for the regularly 
scheduled election for Federal office in Novem-
ber 2020, and for each subsequent election for 
Federal office. 
‘‘(11) PROHIBITING
CONNECTION
OF
SYSTEM 
TO THE INTERNET.— 
‘‘(A) IN GENERAL.—No system or device 
upon which ballot marking devices or optical 
scanners are configured, upon which ballots are 
marked by voters, or upon which votes are cast, 
tabulated, or aggregated shall be connected to 
the Internet or any non-local computer system 
via telephone or other communication network 
at any time. 
‘‘(B) EFFECTIVE DATE.—Each State and 
jurisdiction shall be required to comply with the 
requirements of this paragraph for the regularly 
scheduled election for Federal office in Novem-
ber 2020, and for each subsequent election for 
Federal office.’’. 
(c) SPECIAL CYBERSECURITY RULES FOR CERTAIN 
BALLOT MARKING DEVICES.— 
(1) IN GENERAL.—Section 301(a) of such Act 
(52 U.S.C. 21081(a)), as amended by section 104, 
section 105, and subsections (a) and (b), is further
amended by adding at the end the following new 
paragraph: 
‘‘(12) BALLOT MARKING DEVICES.— 
‘‘(A) IN GENERAL.—In the case of a voting 
system that uses a ballot marking device, the 
ballot marking device shall be a device that— 
‘‘(i) is not capable of tabulating votes; 
‘‘(ii) except in the case of a ballot 
marking device used exclusively to comply 
with the requirements of paragraph (3), is 
certified in accordance with section 232 as 
meeting the requirements of subparagraph 
(B); and 
‘‘(iii) meets the requirements of 
clauses (iii) through (viii) of section 
301(a)(9)(B). 
‘‘(B) REQUIREMENTS.— 
‘‘(i) IN GENERAL.—A ballot marking 
device meets the requirements of this sub-
paragraph if, during a double-masked test 
conducted by a qualified independent user 
experience research laboratory (as defined 
in section 232(b)(4)) of a simulated elec-
tion scenario which meets the requirements 
of clause (ii), there is less than a 5 percent
chance that an ordinary voter using the de-
vice would not detect and report any dif-
ference between the vote selection printed 
on the ballot by the ballot marking device 
and the vote selection indicated by the 
voter. 
‘‘(ii) 
SIMULATED
ELECTION
SCE-
NARIO.—A simulated election scenario 
meets the requirements of this clause if it 
is conducted with— 
‘‘(I) a pool of subjects that are— 
‘‘(aa) diverse in age, gender, 
education, and physical limita-
tions; and 
‘‘(bb) representative of the 
communities in which the voting 
system will be used; and 
‘‘(II) ballots that are representa-
tive of ballots ordinarily used in the 
communities in which the voting sys-
tem will be used. 
‘‘(C) EFFECTIVE DATE.—Each State and 
jurisdiction shall be required to comply with the 
requirements of this paragraph for the regularly 
scheduled election for Federal office in Novem-
ber 2022, and for each subsequent election for 
Federal office.’’. 
(2) PROCEDURE FOR TESTING.— 
(A) IN GENERAL.—Subtitle B of title II of 
the Help America Vote Act of 2002 (52 U.S.C. 
20971 et seq.) is amended by adding at the end 
the following new section: 
‘‘SEC. 232. TESTING AND CERTIFICATION OF BALLOT MARK-
ING DEVICES. 
‘‘(a) IN GENERAL.—Any State or jurisdiction which 
intends to use a ballot marking device (other than a ballot 
marking device used exclusively to comply with the re-
quirements of section 301(a)(3)) in an election for Federal 
office may submit an application to the Commission for 
testing and certification under this section. 
‘‘(b) APPLICATION, ASSIGNMENT, AND TESTING.— 
‘‘(1) IN GENERAL.—An application under sub-
section (a) shall be submitted not later than 18 
months before the date of the election for Federal 
office in which the ballot marking device is intended 
to be used and shall contain such information as the 
Commission requires. 
‘‘(2) ASSIGNMENT.—Upon receipt of an appli-
cation for testing under this section, the Commission 
shall contract with a qualified independent user ex-
perience research laboratory for the testing of 
whether the ballot marking device intended to be 
used by the State or jurisdiction meets the require-
ments of section 301(a)(12)(B). 
‘‘(3) REQUIREMENTS FOR TESTING.—Any con-
tract described in paragraph (2) shall require the 
qualified independent user experience research lab-
oratory to— 
‘‘(A) not later than 30 days before testing 
begins, submit to the Commission for approval 
the protocol for the simulated election scenario 
used for testing the ballot marking device; 
‘‘(B) use only protocols approved by the 
Commission in conducting such testing; and 
‘‘(C) submit to the Commission a report on 
the results of the testing. 
‘‘(4) QUALIFIED INDEPENDENT USER EXPERI-
ENCE
RESEARCH
LABORATORY.—For purposes of 
this section: 
‘‘(A) IN
GENERAL.—The term ‘qualified 
independent user experience research labora-
tory’ means a laboratory accredited under this 
subsection by the Election Assistance Commis-
sion in accordance with standards determined 
by the Commission, in consultation with the Di-
rector of the National Institute of Standards 
and Technology and the Secretary of Homeland 
Security. 
‘‘(B) CRITERIA.—A laboratory shall not be 
accredited under this subsection unless such 
laboratory demonstrates that— 
‘‘(i) no employee of, or individual with 
an ownership in, such laboratory has, or 
has had during the 5 preceding years, any 
financial relationship with a manufacturer 
of voting systems; and 
‘‘(ii) any group of individuals con-
ducting tests under this section collectively 
meet the following qualifications: 
‘‘(I) Experience designing and 
running user research studies and ex-
periments using both qualitative and 
quantitative methodologies. 
‘‘(II) Experience with voting sys-
tems. 
‘‘(c) REVIEW BY INDEPENDENT BOARD.— 
‘‘(1) IN GENERAL.—The Commission shall sub-
mit for approval to an independent review board es-
tablished under paragraph (3) the following:
‘‘(A) Any protocol submitted to the Com-
mission under subsection (b)(3)(A). 
‘‘(B) Any report submitted to the Commis-
sion under subsection (b)(3)(C). 
‘‘(2) FINAL
APPROVAL.—Not later than the 
date that is 12 months before the date of the elec-
tion for Federal office in which a State or jurisdic-
tion intends to use the ballot marking device, the 
independent review board shall report to the Com-
mission on whether it has approved a report sub-
mitted under paragraph (1)(B). 
‘‘(3) INDEPENDENT REVIEW BOARD.— 
‘‘(A) IN
GENERAL.—An independent re-
view board established under this paragraph 
shall be composed of five independent scientists 
appointed by the Commission, in consultation 
with the Director of the National Institute of 
Standards and Technology. 
‘‘(B) QUALIFICATIONS.—The members of 
the independent review board— 
‘‘(i) shall have expertise and relevant 
peer-reviewed publications in the following 
fields: cognitive psychology, experimental 
design, statistics, and user experience re-
search and testing; and
‘‘(ii) may not have, or have had dur-
ing the 5 preceding years, any financial re-
lationship with a manufacturer of voting 
systems. 
‘‘(4) PUBLICATION.—The Commission shall 
make public— 
‘‘(A) any protocol approved under this sub-
section; 
‘‘(B) any report submitted under sub-
section (b)(3)(C); and 
‘‘(C) any determination made by an inde-
pendent review board under paragraph (2). 
‘‘(d) CERTIFICATION.—If— 
‘‘(1) a ballot marking device is determined by 
the qualified independent user experience research 
laboratory to meet the requirements of section 
301(a)(12); and 
‘‘(2) the report submitted under subsection 
(b)(3)(C) is approved by a majority of the members 
of the independent review board under subsection 
(d)(2), 
then the Commission shall certify the ballot marking de-
vice. 
‘‘(e) PROHIBITION ON FEES.—The Commission may 
not charge any fee to a State or jurisdiction, a developer
or manufacturer of a ballot marking device, or any other 
person in connection with testing and certification under 
this section.’’. 
(B) CONFORMING AMENDMENTS.— 
(i) Section 202(2) of the Help Amer-
ica Vote Act of 2002 (52 U.S.C. 20922(2)) 
is amended by inserting ‘‘and ballot mark-
ing devices’’ after ‘‘hardware and soft-
ware’’). 
(ii) The heading for subtitle B of title 
II of such Act is amended by inserting at 
the end ‘‘; Ballot Marking Devices’’. 
(iii) The table of contents of such Act 
is amended— 
(I) by inserting ‘‘; Ballot Mark-
ing Devices’’ at the end of the item 
relating to subtitle B of title II; and 
(II) by inserting after the item 
related to section 231 the following: 
‘‘Sec. 232. Testing and certification of ballot marking devices.’’. 
SEC. 202. TESTING OF EXISTING VOTING SYSTEMS TO EN-
SURE COMPLIANCE WITH ELECTION CYBER-
SECURITY GUIDELINES AND OTHER GUIDE-
LINES. 
(a) REQUIRING TESTING OF EXISTING VOTING SYS-
TEMS.—
(1) IN GENERAL.—Section 231(a) of the Help 
America Vote Act of 2002 (52 U.S.C. 20971(a)) is 
amended by adding at the end the following new 
paragraph: 
‘‘(3) TESTING TO ENSURE COMPLIANCE WITH 
GUIDELINES.— 
‘‘(A) TESTING.—Not later than 9 months 
before the date of each regularly scheduled gen-
eral election for Federal office, the Commission 
shall provide for the testing by accredited lab-
oratories under this section of the voting system 
hardware and software which was certified for 
use in the most recent such election, on the 
basis of the most recent voting system guide-
lines applicable to such hardware or software 
(including election cybersecurity guidelines) 
issued under this Act. 
‘‘(B) DECERTIFICATION OF HARDWARE OR 
SOFTWARE FAILING TO MEET GUIDELINES.—If, 
on the basis of the testing described in subpara-
graph (A), the Commission determines that any 
voting system hardware or software does not 
meet the most recent guidelines applicable to 
such hardware or software issued under this
Act, the Commission shall decertify such hard-
ware or software.’’. 
(2) EFFECTIVE DATE.—The amendment made 
by paragraph (1) shall apply with respect to the reg-
ularly scheduled general election for Federal office 
held in November 2020 and each succeeding regu-
larly scheduled general election for Federal office. 
(b) ISSUANCE OF CYBERSECURITY GUIDELINES BY 
TECHNICAL GUIDELINES DEVELOPMENT COMMITTEE.— 
Section 221(b) of the Help America Vote Act of 2002 (52 
U.S.C. 20961(b)) is amended by adding at the end the 
following new paragraph: 
‘‘(3) 
ELECTION
CYBERSECURITY
GUIDE-
LINES.—Not later than 6 months after the date of 
the enactment of the Securing America’s Federal 
Elections Act, the Development Committee shall 
issue election cybersecurity guidelines, including 
standards and best practices for procuring, main-
taining, testing, operating, and updating election 
systems to prevent and deter cybersecurity inci-
dents.’’.
SEC. 203. REQUIRING USE OF SOFTWARE AND HARDWARE 
FOR WHICH INFORMATION IS DISCLOSED BY 
MANUFACTURER. 
(a) REQUIREMENT.—Section 301(a) of the Help 
America Vote Act of 2002 (52 U.S.C. 21081(a)), as 
amended by sections 104, 105, 201(a), 201(b), and 
201(c), is amended by adding at the end the following new 
paragraph: 
‘‘(13) REQUIRING
USE
OF
SOFTWARE
AND 
HARDWARE FOR WHICH INFORMATION IS DISCLOSED 
BY MANUFACTURER.— 
‘‘(A) REQUIRING USE OF SOFTWARE FOR 
WHICH SOURCE CODE IS DISCLOSED BY MANU-
FACTURER.— 
‘‘(i) IN GENERAL.—In the operation 
of voting systems in an election for Federal 
office, a State may only use software for 
which the manufacturer makes the source 
code (in the form in which will be used at 
the time of the election) publicly available 
online under a license that grants a world-
wide, royalty-free, non-exclusive, perpetual, 
sub-licensable license to all intellectual 
property rights in such source code, except 
that the manufacturer may prohibit a per-
son who obtains the software from using
the software in a manner that is primarily 
intended for or directed toward commercial 
advantage or private monetary compensa-
tion that is unrelated to carrying out legiti-
mate research or cybersecurity activity. 
‘‘(ii) EXCEPTIONS.—Clause (i) does 
not apply with respect to— 
‘‘(I) widely-used operating system 
software which is not specific to vot-
ing systems and for which the source 
code or baseline functionality is not 
altered; or 
‘‘(II) widely-used cybersecurity 
software which is not specific to vot-
ing systems and for which the source 
code or baseline functionality is not 
altered. 
‘‘(B) REQUIRING USE OF HARDWARE FOR 
WHICH INFORMATION IS DISCLOSED BY MANU-
FACTURER.— 
‘‘(i) 
REQUIRING
DISCLOSURE
OF 
HARDWARE.—A State may not use a vot-
ing system in an election for Federal office 
unless the manufacturer of the system 
publicly discloses online the identification
of the hardware used to operate the sys-
tem. 
‘‘(ii) ADDITIONAL
DISCLOSURE
RE-
QUIREMENTS
FOR
CUSTOM
OR
ALTERED 
HARDWARE.—To the extent that the hard-
ware used to operate a voting system or 
any component thereof is not widely-used, 
or is widely-used but is altered, the State 
may not use the system in an election for 
Federal office unless— 
‘‘(I) the manufacturer of the sys-
tem publicly discloses online the com-
ponents of the hardware, the design of 
such components, and how such com-
ponents are connected in the oper-
ation of the system; and 
‘‘(II) the manufacturer makes 
the design (in the form which will be 
used at the time of the election) pub-
licly available online under a license 
that grants a worldwide, royalty-free, 
non-exclusive, perpetual, sub-licens-
able license to all intellectual property 
rights in the design of the hardware 
or the component, except that the
manufacturer may prohibit a person 
who obtains the design from using the 
design in a manner that is primarily 
intended for or directed toward com-
mercial advantage or private monetary 
compensation that is unrelated to car-
rying out legitimate research or cyber-
security activity.’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall apply with respect to elections for 
Federal office held in 2020 or any succeeding year. 
SEC. 204. TREATMENT OF ELECTRONIC POLL BOOKS AS 
PART OF VOTING SYSTEMS. 
(a) INCLUSION
IN DEFINITION
OF VOTING SYS-
TEM.—Section 301(b) of the Help America Vote Act of 
2002 (52 U.S.C. 21081(b)) is amended— 
(1) in the matter preceding paragraph (1), by 
striking ‘‘this section’’ and inserting ‘‘this Act’’; 
(2) by striking ‘‘and’’ at the end of paragraph 
(1); 
(3) by redesignating paragraph (2) as para-
graph (3); and 
(4) by inserting after paragraph (1) the fol-
lowing new paragraph:
‘‘(2) any electronic poll book used with respect 
to the election; and’’. 
(b) DEFINITION.—Section 301 of such Act (52 
U.S.C. 21081) is amended— 
(1) by redesignating subsections (c) and (d) as 
subsections (d) and (e); and 
(2) by inserting after subsection (b) the fol-
lowing new subsection: 
‘‘(c) ELECTRONIC POLL BOOK DEFINED.—In this 
Act, the term ‘electronic poll book’ means the total com-
bination of mechanical, electromechanical, or electronic 
equipment (including the software, firmware, and docu-
mentation required to program, control, and support the 
equipment) that is used— 
‘‘(1) to retain the list of registered voters at a 
polling location, or vote center, or other location at 
which voters cast votes in an election for Federal of-
fice; and 
‘‘(2) to identify registered voters who are eligi-
ble to vote in an election.’’. 
(c) EFFECTIVE DATE.—Section 301(e) of such Act 
(52 U.S.C. 21081(e)), as amended by section 107 and as 
redesignated by subsection (b), is amended— 
(1) in paragraph (1), by striking ‘‘paragraph 
(2)’’ and inserting ‘‘paragraphs (2) and (3)’’; and
(2) by adding at the end the following new 
paragraph: 
‘‘(3) SPECIAL
RULE
FOR
ELECTRONIC
POLL 
BOOKS.—In the case of the requirements of sub-
section (c) (relating to electronic poll books), each 
State and jurisdiction shall be required to comply 
with such requirements on or after January 1, 
2020.’’. 
SEC. 205. PRE-ELECTION REPORTS ON VOTING SYSTEM 
USAGE. 
(a) REQUIRING STATES TO SUBMIT REPORTS.—Title 
III of the Help America Vote Act of 2002 (52 U.S.C. 
21081 et seq.) is amended by inserting after section 301 
the following new section: 
‘‘SEC. 301A. PRE-ELECTION REPORTS ON VOTING SYSTEM 
USAGE. 
‘‘(a) REQUIRING STATES TO SUBMIT REPORTS.— 
Not later than 120 days before the date of each regularly 
scheduled general election for Federal office, the chief 
State election official of a State shall submit a report to 
the Commission containing a detailed voting system usage 
plan for each jurisdiction in the State which will admin-
ister the election, including a detailed plan for the usage 
of electronic poll books and other equipment and compo-
nents of such system.
‘‘(b) EFFECTIVE DATE.—Subsection (a) shall apply 
with respect to the regularly scheduled general election for 
Federal office held in November 2020 and each succeeding 
regularly scheduled general election for Federal office.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
of such Act is amended by inserting after the item relating 
to section 301 the following new item: 
‘‘Sec. 301A. Pre-election reports on voting system usage.’’. 
SEC. 206. STREAMLINING COLLECTION OF ELECTION IN-
FORMATION. 
Section 202 of the Help America Vote Act of 2002 
(52 U.S.C. 20922) is amended— 
(1) by striking ‘‘The Commission’’ and insert-
ing ‘‘(a) IN GENERAL.—The Commission’’; and 
(2) by adding at the end the following new sub-
section: 
‘‘(b) WAIVER OF CERTAIN REQUIREMENTS.—Sub-
chapter I of chapter 35 of title 44, United States Code, 
shall not apply to the collection of information for pur-
poses of maintaining the clearinghouse described in para-
graph (1) of subsection (a).’’.
TITLE III—USE OF VOTING MA-
CHINES MANUFACTURED IN 
THE UNITED STATES 
SEC. 301. USE OF VOTING MACHINES MANUFACTURED IN 
THE UNITED STATES. 
Section 301(a) of the Help America Vote Act of 2002 
(52 U.S.C. 21081(a)), as amended by sections 104, 105, 
201(a), 201(b), 201(c), and 203(a), is further amended 
by adding at the end the following new paragraph: 
‘‘(14) VOTING MACHINE REQUIREMENTS.—By 
not later than the date of the regularly scheduled 
general election for Federal office occurring in No-
vember 2022, each State shall seek to ensure that 
any voting machine used in such election and in any 
subsequent election for Federal office is manufac-
tured in the United States.’’. 
TITLE IV—SEVERABILITY 
SEC. 401. SEVERABILITY. 
If any provision of this Act or amendment made by 
this Act, or the application of a provision or amendment 
to any person or circumstance, is held to be unconstitu-
tional, the remainder of this Act and amendments made 
by this Act, and the application of the provisions and