SEC. 114. DEFINITIONS. 
(a) CHIEF STATE ELECTION OFFICIAL.—In this sub-
title, the ‘‘chief State election official’’ means, with respect 
to a State, the individual designated by the State under 
section 10 of the National Voter Registration Act of 1993 
(42 U.S.C. 1973gg–8) to be responsible for coordination 
of the State’s responsibilities under such Act. 
(b) STATE.—In this subtitle, a ‘‘State’’ includes the 
District of Columbia, the Commonwealth of Puerto Rico, 
the United States Virgin Islands, Guam, and American 
Samoa, but does not include any State in which, under 
a State law in effect continuously on and after the date 
of the enactment of this Act, there is no voter registration 
requirement for individuals in the State with respect to 
elections for Federal office. 
SEC. 115. EFFECTIVE DATE. 
This subtitle and the amendments made by this sub-
title shall apply with respect to the regularly scheduled 
general election for Federal office held in November 2014 
and each succeeding election for Federal office. 
Subtitle C—Other Initiatives To 
Promote Voter Registration 
SEC. 121. SAME DAY REGISTRATION. 
(a) IN GENERAL.—Title III of the Help America 
Vote Act of 2002 (42 U.S.C. 15481 et seq.) is amended— 
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(1) by redesignating sections 304 and 305 as 
sections 305 and 306; and 
(2) by inserting after section 303 the following 
new section: 
‘‘SEC. 304. SAME DAY REGISTRATION. 
‘‘(a) IN GENERAL.— 
‘‘(1) REGISTRATION.—Notwithstanding section 
8(a)(1)(D) of the National Voter Registration Act of 
1993 (42 U.S.C. 1973gg–6), each State shall permit 
any eligible individual on the day of a Federal elec-
tion and on any day when voting, including early 
voting, is permitted for a Federal election— 
‘‘(A) to register to vote in such election at 
the polling place using a form that meets the 
requirements under section 9(b) of the National 
Voter Registration Act of 1993 (or, if the indi-
vidual is already registered to vote, to revise 
any of the individual’s voter registration infor-
mation); and 
‘‘(B) to cast a vote in such election. 
‘‘(2) EXCEPTION.—The requirements under 
paragraph (1) shall not apply to a State in which, 
under a State law in effect continuously on and after 
the date of the enactment of this section, there is no 
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voter registration requirement for individuals in the 
State with respect to elections for Federal office. 
‘‘(b) ELIGIBLE INDIVIDUAL.—For purposes of this 
section, the term ‘eligible individual’ means, with respect 
to any election for Federal office, an individual who is oth-
erwise qualified to vote in that election. 
‘‘(c) EFFECTIVE DATE.—Each State shall be re-
quired to comply with the requirements of subsection (a) 
for the regularly scheduled general election for Federal of-
fice occurring in November 2012 and for any subsequent 
election for Federal office.’’. 
(b) CONFORMING AMENDMENT RELATING TO EN-
FORCEMENT.—Section 401 of such Act (42 U.S.C. 15511) 
is amended by striking ‘‘sections 301, 302, and 303’’ and 
inserting ‘‘subtitle A of title III’’. 
(c) CLERICAL AMENDMENT.—The table of contents 
of such Act is amended— 
(1) by redesignating the items relating to sec-
tions 304 and 305 as relating to sections 305 and 
306; and 
(2) by inserting after the item relating to sec-
tion 303 the following new item: 
‘‘Sec. 304. Same day registration.’’. 
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SEC. 122. ACCEPTANCE OF VOTER REGISTRATION APPLICA-
TIONS FROM INDIVIDUALS UNDER 18 YEARS 
OF AGE. 
(a) ACCEPTANCE OF APPLICATIONS.—Section 8 of 
the National Voter Registration Act of 1993 (42 U.S.C. 
1973gg–6), as amended by section 104, is amended— 
(1) by redesignating subsection (k) as sub-
section (l); and 
(2) by inserting after subsection (j) the fol-
lowing new subsection: 
‘‘(k) ACCEPTANCE OF APPLICATIONS FROM INDIVID-
UALS UNDER 18 YEARS OF AGE.— 
‘‘(1) IN GENERAL.—A State may not refuse to 
accept or process an individual’s application to reg-
ister to vote in elections for Federal office on the 
grounds that the individual is under 18 years of age 
at the time the individual submits the application, so 
long as the individual is at least 16 years of age at 
such time. 
‘‘(2) NO EFFECT ON STATE VOTING AGE RE-
QUIREMENTS.—Nothing in paragraph (1) may be 
construed to require a State to permit an individual 
who is under 18 years of age at the time of an elec-
tion for Federal office to vote in the election.’’. 
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(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall apply with respect to elections occur-
ring on or after January 1, 2014. 
SEC. 123. ANNUAL REPORTS ON VOTER REGISTRATION STA-
TISTICS. 
(a) ANNUAL REPORT.—Not later than 90 days after 
the end of each year, each State shall submit to the Elec-
tion Assistance Commission and Congress a report con-
taining the following information for the year: 
(1) The number of individuals who were reg-
istered under section 111. 
(2) The number of voter registration applica-
tion forms completed by individuals that were trans-
mitted by motor vehicle authorities in the State 
(pursuant to section 5(d) of the National Voter Reg-
istration Act of 1993) and voter registration agen-
cies in the State (as designated under section 7 of 
such Act) to the chief State election official of the 
State, broken down by each such authority and 
agency. 
(3) The number of such individuals whose voter 
registration application forms were accepted and 
who were registered to vote in the State and the 
number of such individuals whose forms were re-
jected and who were not registered to vote in the 
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State, broken down by each such authority and 
agency. 
(4) The number of change of address forms and 
other forms of information indicating that an indi-
vidual’s identifying information has been changed 
that were transmitted by such motor vehicle authori-
ties and voter registration agencies to the chief State 
election official of the State, broken down by each 
such authority and agency and the type of form 
transmitted. 
(5) The number of individuals on the Statewide 
computerized voter registration list (as established 
and maintained under section 303 of the Help 
America Vote Act of 2002) whose voter registration 
information was revised by the chief State election 
official as a result of the forms transmitted to the 
official by such motor vehicle authorities and voter 
registration agencies (as described in paragraph 
(3)), broken down by each such authority and agen-
cy and the type of form transmitted. 
(6) The number of individuals who requested 
the chief State election official to revise voter reg-
istration information on such list, and the number of 
individuals whose information was revised as a result 
of such a request. 
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(b) CONFIDENTIALITY OF INFORMATION.—In pre-
paring and submitting a report under this section, the 
chief State election official shall ensure that no informa-
tion regarding the identification of any individual is re-
vealed. 
(c) STATE DEFINED.—In this section, a ‘‘State’’ in-
cludes the District of Columbia, the Commonwealth of 
Puerto Rico, the United States Virgin Islands, Guam, and 
American Samoa, but does not include any State in which, 
under a State law in effect continuously on and after the 
date of the enactment of this Act, there is no voter reg-
istration requirement for individuals in the State with re-
spect to elections for Federal office. 
Subtitle D—Availability of HAVA 
Requirements Payments 
SEC. 131. AVAILABILITY OF REQUIREMENTS PAYMENTS 
UNDER HAVA TO COVER COSTS OF COMPLI-
ANCE WITH NEW REQUIREMENTS. 
(a) IN GENERAL.—Section 251(b) of the Help Amer-
ica Vote Act of 2002 (42 U.S.C. 15401(b)) is amended— 
(1) in paragraph (1), by striking ‘‘(2) and (3)’’ 
and inserting ‘‘(2), (3), and (4)’’; and 
(2) by adding at the end the following new 
paragraph: 
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‘‘(4) CERTAIN
VOTER
REGISTRATION
ACTIVI-
TIES.—A State may use a requirements payment to 
carry out any of the requirements of the Voter Reg-
istration Modernization Act of 2012, including the 
requirements of the National Voter Registration Act 
of 1993 which are imposed pursuant to the amend-
ments made to such Act by the Voter Registration 
Modernization Act of 2012.’’. 
(b) CONFORMING AMENDMENT.—Section 254(a)(1) 
of such Act (42 U.S.C. 15404(a)(1)) is amended by strik-
ing 
‘‘section 
251(a)(2)’’ 
and 
inserting 
‘‘section 
251(b)(2)’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall apply with respect to fiscal year 2013 
and each succeeding fiscal year. 
Subtitle 
E—Prohibiting 
Inter-
ference With Voter Registration 
SEC. 141. PROHIBITING HINDERING, INTERFERING WITH, 
OR PREVENTING VOTER REGISTRATION. 
(a) IN GENERAL.—Chapter 29 of title 18, United 
States Code is amended by adding at the end the following 
new section: 
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‘‘§ 612. Hindering, interfering with, or preventing 
registering to vote 
‘‘(a) PROHIBITION.—It shall be unlawful for any per-
son, whether acting under color of law or otherwise, to 
corruptly hinder, interfere with, or prevent another person 
from registering to vote or aiding another person in reg-
istering to vote in any election for Federal office. 
‘‘(b) ATTEMPT.—Any person who attempts to commit 
any offense described in subsection (a) shall be subject to 
the same penalties as those prescribed for the offense that 
the person attempted to commit. 
‘‘(c) PENALTY.—Any person who violates subsection 
(a) shall be fined under this title, imprisoned not more 
than 5 years, or both. 
‘‘(d) ELECTION FOR FEDERAL OFFICE DEFINED.— 
For purposes of this section, the term ‘election for Federal 
office’ means a general, special, primary, or runoff election 
held to nominate or elect a candidate for the office of 
President or Vice President, presidential elector, or of 
Senator or Representative in, or Delegate or Resident 
Commissioner to, the Congress.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
for chapter 29 of title 18, United States Code is amended 
by adding at the end the following new item: 
‘‘612. Hindering, interfering with, or preventing registering to vote.’’. 
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(c) EFFECTIVE DATE.—The amendments made by 
this section shall apply with respect to elections held on 
or after the date of the enactment of this Act, except that 
no person may be found to have violated section 612 of 
title 18, United States Code (as added by subsection (a)) 
on the basis of any act occurring prior to the date of the 
enactment of this Act. 
SEC. 142. ESTABLISHMENT OF BEST PRACTICES. 
(a) BEST PRACTICES.—Not later than 180 days after 
the date of the enactment of this Act, the Election Assist-
ance Commission shall develop and publish recommenda-
tions for best practices for States to use to deter and pre-
vent violations of section 612 of title 18, United States 
Code (as added by section 141) and section 12 of the Na-
tional Voter Registration Act of 1993 (42 U.S.C. 1973gg– 
10) (relating to the unlawful interference with registering 
to vote, or voting, or attempting to register to vote or 
vote), including practices to provide for the posting of rel-
evant information at polling places and voter registration 
agencies under such Act, the training of poll workers and 
election officials, and relevant educational materials. For 
purposes of this subsection, the term ‘‘State’’ includes the 
District of Columbia, the Commonwealth of Puerto Rico, 
Guam, American Samoa, and the United States Virgin Is-
lands. 
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(b) INCLUSION IN VOTER INFORMATION REQUIRE-
MENTS.—Section 302(b)(2) of the Help America Vote Act 
of 2002 (42 U.S.C. 15482(b)(2)) is amended— 
(1) by striking ‘‘and’’ at the end of subpara-
graph (E); 
(2) by striking the period at the end of sub-
paragraph (F) and inserting ‘‘; and’’; and 
(3) by adding at the end the following new sub-
paragraph: 
‘‘(G) information relating to the prohibi-
tions of section 612 of title 18, United States 
Code, and section 12 of the National Voter 
Registration Act of 1993 (42 U.S.C. 1973gg– 
10) (relating to the unlawful interference with 
registering to vote, or voting, or attempting to 
register to vote or vote), including information 
on how individuals may report allegations of 
violations of such prohibitions.’’. 
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TITLE II—ACCESS TO VOTING 
FOR INDIVIDUALS WITH DIS-
ABILITIES 
SEC. 201. REQUIREMENTS FOR STATES TO PROMOTE AC-
CESS TO VOTER REGISTRATION AND VOTING 
FOR INDIVIDUALS WITH DISABILITIES. 
(a) REQUIREMENTS.—Subtitle A of title III of the 
Help America Vote Act of 2002 (42 U.S.C. 15481 et seq.), 
as amended by section 114, is amended— 
(1) by redesignating sections 305 and 306 as 
sections 306 and 307; and 
(2) by inserting after section 304 the following 
new section: 
‘‘SEC. 305. ACCESS TO VOTER REGISTRATION AND VOTING 
FOR INDIVIDUALS WITH DISABILITIES. 
‘‘(a) TREATMENT
OF
APPLICATIONS
AND
BAL-
LOTS.—Each State shall— 
‘‘(1) permit individuals with disabilities to use 
absentee registration procedures and to vote by ab-
sentee ballot in elections for Federal office; 
‘‘(2) accept and process, with respect to any 
election for Federal office, any otherwise valid voter 
registration application and absentee ballot applica-
tion from an individual with a disability if the appli-
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cation is received by the appropriate State election 
official not less than 30 days before the election; 
‘‘(3) in addition to any other method of reg-
istering to vote or applying for an absentee ballot in 
the State, establish procedures— 
‘‘(A) for individuals with disabilities to re-
quest by mail and electronically voter registra-
tion applications and absentee ballot applica-
tions with respect to elections for Federal office 
in accordance with subsection (c); 
‘‘(B) for States to send by mail and elec-
tronically (in accordance with the preferred 
method of transmission designated by the indi-
vidual under subparagraph (C)) voter registra-
tion applications and absentee ballot applica-
tions requested under subparagraph (A) in ac-
cordance with subsection (c); and 
‘‘(C) by which such an individual can des-
ignate whether the individual prefers that such 
voter registration application or absentee ballot 
application be transmitted by mail or electroni-
cally; 
‘‘(4) in addition to any other method of trans-
mitting blank absentee ballots in the State, establish 
procedures for transmitting by mail and electroni-
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cally blank absentee ballots to individuals with dis-
abilities with respect to elections for Federal office 
in accordance with subsection (d); 
‘‘(5) transmit a validly requested absentee bal-
lot to an individual with a disability— 
‘‘(A) except as provided in subsection (e), 
in the case in which the request is received at 
least 45 days before an election for Federal of-
fice, not later than 45 days before the election; 
and 
‘‘(B) in the case in which the request is re-
ceived less than 45 days before an election for 
Federal office— 
‘‘(i) in accordance with State law; and 
‘‘(ii) if practicable and as determined 
appropriate by the State, in a manner that 
expedites the transmission of such absen-
tee ballot; and 
‘‘(6) if the State declares or otherwise holds a 
runoff election for Federal office, establish a written 
plan that provides absentee ballots are made avail-
able to individuals with disabilities in a manner that 
gives them sufficient time to vote in the runoff elec-
tion. 
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‘‘(b) DESIGNATION OF SINGLE STATE OFFICE TO 
PROVIDE INFORMATION ON REGISTRATION AND ABSEN-
TEE BALLOT PROCEDURES FOR ALL DISABLED VOTERS 
IN STATE.—Each State shall designate a single office 
which shall be responsible for providing information re-
garding voter registration procedures and absentee ballot 
procedures to be used by individuals with disabilities with 
respect to elections for Federal office to all individuals 
with disabilities who wish to register to vote or vote in 
any jurisdiction in the State. 
‘‘(c) DESIGNATION OF MEANS OF ELECTRONIC COM-
MUNICATION FOR INDIVIDUALS WITH DISABILITIES TO 
REQUEST AND FOR STATES TO SEND VOTER REGISTRA-
TION APPLICATIONS AND ABSENTEE BALLOT APPLICA-
TIONS, AND FOR OTHER PURPOSES RELATED TO VOTING 
INFORMATION.— 
‘‘(1) IN GENERAL.—Each State shall, in addi-
tion to the designation of a single State office under 
subsection (b), designate not less than 1 means of 
electronic communication— 
‘‘(A) for use by individuals with disabilities 
who wish to register to vote or vote in any ju-
risdiction in the State to request voter registra-
tion applications and absentee ballot applica-
tions under subsection (a)(3); 
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‘‘(B) for use by States to send voter reg-
istration applications and absentee ballot appli-
cations requested under such subsection; and 
‘‘(C) for the purpose of providing related 
voting, balloting, and election information to in-
dividuals with disabilities. 
‘‘(2) CLARIFICATION REGARDING PROVISION OF 
MULTIPLE
MEANS
OF
ELECTRONIC
COMMUNICA-
TION.—A State may, in addition to the means of 
electronic communication so designated, provide 
multiple means of electronic communication to indi-
viduals with disabilities, including a means of elec-
tronic communication for the appropriate jurisdic-
tion of the State. 
‘‘(3) INCLUSION
OF
DESIGNATED
MEANS
OF 
ELECTRONIC
COMMUNICATION
WITH
INFORMA-
TIONAL AND INSTRUCTIONAL MATERIALS THAT AC-
COMPANY BALLOTING MATERIALS.—Each State shall 
include a means of electronic communication so des-
ignated with all informational and instructional ma-
terials that accompany balloting materials sent by 
the State to individuals with disabilities. 
‘‘(4) TRANSMISSION IF NO PREFERENCE INDI-
CATED.—In the case where an individual with a dis-
ability does not designate a preference under sub-
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section (a)(3)(C), the State shall transmit the voter 
registration application or absentee ballot application 
by any delivery method allowable in accordance with 
applicable State law, or if there is no applicable 
State law, by mail. 
‘‘(d) TRANSMISSION OF BLANK ABSENTEE BALLOTS 
BY MAIL AND ELECTRONICALLY.— 
‘‘(1) IN GENERAL.—Each State shall establish 
procedures— 
‘‘(A) to transmit blank absentee ballots by 
mail and electronically (in accordance with the 
preferred method of transmission designated by 
the individual with a disability under subpara-
graph (B)) to individuals with disabilities for an 
election for Federal office; and 
‘‘(B) by which the individual with a dis-
ability can designate whether the individual pre-
fers that such blank absentee ballot be trans-
mitted by mail or electronically. 
‘‘(2) TRANSMISSION IF NO PREFERENCE INDI-
CATED.—In the case where an individual with a dis-
ability does not designate a preference under para-
graph (1)(B), the State shall transmit the ballot by 
any delivery method allowable in accordance with ap-
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plicable State law, or if there is no applicable State 
law, by mail. 
‘‘(e) HARDSHIP EXEMPTION.— 
‘‘(1) IN GENERAL.—If the chief State election 
official determines that the State is unable to meet 
the requirement under subsection (a)(5)(A) with re-
spect to an election for Federal office due to an 
undue hardship described in paragraph (2)(B), the 
chief State election official shall request that the At-
torney General grant a waiver to the State of the 
application of such subsection. Such request shall in-
clude— 
‘‘(A) a recognition that the purpose of 
such subsection is to individuals with disabil-
ities enough time to vote in an election for Fed-
eral office; 
‘‘(B) an explanation of the hardship that 
indicates why the State is unable to transmit 
such individuals an absentee ballot in accord-
ance with such subsection; 
‘‘(C) the number of days prior to the elec-
tion for Federal office that the State requires 
absentee ballots be transmitted to such individ-
uals; and 
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‘‘(D) a comprehensive plan to ensure that 
such individuals are able to receive absentee 
ballots which they have requested and submit 
marked absentee ballots to the appropriate 
State election official in time to have that ballot 
counted in the election for Federal office, which 
includes— 
‘‘(i) the steps the State will undertake 
to ensure that such individuals have time 
to receive, mark, and submit their ballots 
in time to have those ballots counted in the 
election; 
‘‘(ii) why the plan provides such indi-
viduals sufficient time to vote as a sub-
stitute for the requirements under such 
subsection; and 
‘‘(iii) the underlying factual informa-
tion which explains how the plan provides 
such sufficient time to vote as a substitute 
for such requirements. 
‘‘(2) APPROVAL
OF
WAIVER
REQUEST.—The 
Attorney General shall approve a waiver request 
under paragraph (1) if the Attorney General deter-
mines each of the following requirements are met: 
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‘‘(A) The comprehensive plan under sub-
paragraph (D) of such paragraph provides indi-
viduals with disabilities sufficient time to re-
ceive absentee ballots they have requested and 
submit marked absentee ballots to the appro-
priate State election official in time to have that 
ballot counted in the election for Federal office. 
‘‘(B) One or more of the following issues 
creates an undue hardship for the State: 
‘‘(i) The State’s primary election date 
prohibits the State from complying with 
subsection (a)(5)(A). 
‘‘(ii) The State has suffered a delay in 
generating ballots due to a legal contest. 
‘‘(iii) The State Constitution prohibits 
the State from complying with such sub-
section. 
‘‘(3) TIMING OF WAIVER.— 
‘‘(A) IN
GENERAL.—Except as provided 
under subparagraph (B), a State that requests 
a waiver under paragraph (1) shall submit to 
the Attorney General the written waiver request 
not later than 90 days before the election for 
Federal office with respect to which the request 
is submitted. The Attorney General shall ap-
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prove or deny the waiver request not later than 
65 days before such election. 
‘‘(B) EXCEPTION.—If a State requests a 
waiver under paragraph (1) as the result of an 
undue 
hardship 
described 
in 
paragraph 
(2)(B)(ii), the State shall submit to the Attor-
ney General the written waiver request as soon 
as practicable. The Attorney General shall ap-
prove or deny the waiver request not later than 
5 business days after the date on which the re-
quest is received. 
‘‘(4) APPLICATION OF WAIVER.—A waiver ap-
proved under paragraph (2) shall only apply with re-
spect to the election for Federal office for which the 
request was submitted. For each subsequent election 
for Federal office, the Attorney General shall only 
approve a waiver if the State has submitted a re-
quest under paragraph (1) with respect to such elec-
tion. 
‘‘(f) INDIVIDUAL WITH A DISABILITY DEFINED.—In 
this section, an ‘individual with a disability’ means an in-
dividual with an impairment that substantially limits any 
major life activities and who is otherwise qualified to vote 
in elections for Federal office. 
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‘‘(g) EFFECTIVE DATE.—This section shall apply 
with respect to elections for Federal office held on or after 
January 1, 2014.’’. 
(b) 
CONFORMING
AMENDMENT
RELATING
TO 
ISSUANCE OF VOLUNTARY GUIDANCE BY ELECTION AS-
SISTANCE COMMISSION.—Section 311(b) of such Act (42 
U.S.C. 15501(b)) is amended— 
(1) by striking ‘‘and’’ at the end of paragraph 
(2); 
(2) by striking the period at the end of para-
graph (3) and inserting ‘‘; and’’; and 
(3) by adding at the end the following new 
paragraph: 
‘‘(4) in the case of the recommendations with 
respect to section 305, January 1, 2014.’’. 
(c) CLERICAL AMENDMENT.—The table of contents 
of such Act, as amended by section 114(c), is amended— 
(1) by redesignating the items relating to sec-
tions 305 and 306 as relating to sections 306 and 
307; and 
(2) by inserting after the item relating to sec-
tion 304 the following new item: 
‘‘Sec. 305. Access to voter registration and voting for individuals with disabil-
ities.’’. 
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SEC. 202. PILOT PROGRAMS FOR ENABLING INDIVIDUALS 
WITH DISABILITIES TO REGISTER TO VOTE 
AND VOTE PRIVATELY AND INDEPENDENTLY 
AT RESIDENCES. 
(a) ESTABLISHMENT
OF PILOT PROGRAMS.—The 
Election Assistance Commission (hereafter referred to as 
the ‘‘Commission’’) shall make grants to eligible States to 
conduct pilot programs under which— 
(1) individuals with disabilities may use elec-
tronic means (including the Internet and telephones 
utilizing assistive devices) to register to vote and to 
request and receive absentee ballots, in a manner 
which permits such individuals to do so privately 
and independently at their own residences; and 
(2) individuals with disabilities may use the 
telephone to cast ballots electronically from their 
own residences, but only if the telephone used is not 
connected to the Internet. 
(b) REPORTS.— 
(1) IN GENERAL.—A State receiving a grant for 
a year under this section shall submit a report to the 
Commission on the pilot programs the State carried 
out with the grant with respect to elections for pub-
lic office held in the State during the year. 
(2) DEADLINE.—A State shall submit a report 
under paragraph (1) not later than 90 days after 
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the last election for public office held in the State 
during the year. 
(c) ELIGIBILITY.—A State is eligible to receive a 
grant under this section if the State submits to the Com-
mission, at such time and in such form as the Commission 
may require, an application containing such information 
and assurances as the Commission may require. 
(d) TIMING.—The Commission shall make the first 
grants under this section for pilot programs which will be 
in effect with respect to elections for Federal office held 
in 2014, or, at the option of a State, with respect to other 
elections for public office held in the State 2013. 
(e) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated for grants for pilot pro-
grams under this section $30,000,000 for fiscal year 2013 
and each succeeding fiscal year. 
(f) STATE DEFINED.—In this section, the term 
‘‘State’’ includes the District of Columbia, the Common-
wealth of Puerto Rico, Guam, American Samoa, and the 
United States Virgin Islands. 
SEC. 203. EXPANSION AND REAUTHORIZATION OF GRANT 
PROGRAM TO ASSURE VOTING ACCESS FOR 
INDIVIDUALS WITH DISABILITIES. 
(a) PURPOSES OF PAYMENTS.—Section 261(b) of the 
Help America Vote Act of 2002 (42 U.S.C. 15421(b)) is 
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amended by striking paragraphs (1) and (2) and inserting 
the following: 
‘‘(1) making absentee voting and voting at 
home accessible to individuals with the full range of 
disabilities (including impairments involving vision, 
hearing, mobility, or dexterity) through the imple-
mentation of accessible absentee voting systems that 
work in conjunction with assistive technologies for 
which individuals have access at their homes, inde-
pendent living centers, or other facilities; 
‘‘(2) making polling places, including the path 
of travel, entrances, exits, and voting areas of each 
polling facility, accessible to individuals with disabil-
ities, including the blind and visually impaired, in a 
manner that provides the same opportunity for ac-
cess and participation (including privacy and inde-
pendence) as for other voters; and 
‘‘(3) providing solutions to problems of access 
to voting and elections for individuals with disabil-
ities that are universally designed and provide the 
same opportunities for individuals with and without 
disabilities.’’. 
(b) REAUTHORIZATION.—Section 264(a) of such Act 
(42 U.S.C. 15424(a)) is amended by adding at the end 
the following new paragraph: 
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‘‘(4) For fiscal year 2013 and each succeeding 
fiscal year, such sums as may be necessary to carry 
out this part.’’. 
(c) PERIOD OF AVAILABILITY OF FUNDS.—Section 
264 of such Act (42 U.S.C. 15424) is amended— 
(1) in subsection (b), by striking ‘‘Any 
amounts’’ and inserting ‘‘Except as provided in sub-
section (b), any amounts’’; and 
(2) by adding at the end the following new sub-
section: 
‘‘(c) RETURN AND TRANSFER OF CERTAIN FUNDS.— 
‘‘(1) DEADLINE FOR OBLIGATION AND EXPEND-
ITURE.—In the case of any amounts appropriated 
pursuant to the authority of subsection (a) for a 
payment to a State or unit of local government for 
fiscal year 2013 or any succeeding fiscal year, any 
portion of such amounts which have not been obli-
gated or expended by the State or unit of local gov-
ernment prior to the expiration of the 4-year period 
which begins on the date the State or unit of local 
government first received the amounts shall be 
transferred to the Commission. 
‘‘(2) 
REALLOCATION
OF
TRANSFERRED 
AMOUNTS.— 
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‘‘(A) IN GENERAL.—The Commission shall 
use the amounts transferred under paragraph 
(1) to make payments on a pro rata basis to 
each covered payment recipient described in 
subparagraph (B), which may obligate and ex-
pend such payment for the purposes described 
in section 261(b) during the 1-year period 
which begins on the date of receipt. 
‘‘(B) COVERED PAYMENT RECIPIENTS DE-
SCRIBED.—In subparagraph (A), a ‘covered 
payment recipient’ is a State or unit of local 
government with respect to which— 
‘‘(i) amounts were appropriated pur-
suant to the authority of subsection (a); 
and 
‘‘(ii) no amounts were transferred to 
the Commission under paragraph (1).’’. 
TITLE III—PROHIBITING VOTER 
CAGING 
SEC. 301. VOTER CAGING AND OTHER QUESTIONABLE 
CHALLENGES PROHIBITED. 
(a) IN GENERAL.—Chapter 29 of title 18, United 
States Code, as amended by section 141(a), is amended 
by adding at the end the following: 
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‘‘§ 613. Voter caging and other questionable chal-
lenges 
‘‘(a) DEFINITIONS.—In this section— 
‘‘(1) the term ‘voter caging document’ means— 
‘‘(A) a nonforwardable document that is 
returned to the sender or a third party as unde-
livered or undeliverable despite an attempt to 
deliver such document to the address of a reg-
istered voter or applicant; or 
‘‘(B) any document with instructions to an 
addressee that the document be returned to the 
sender or a third party but is not so returned, 
despite an attempt to deliver such document to 
the address of a registered voter or applicant, 
unless at least two Federal election cycles have 
passed since the date of the attempted delivery; 
‘‘(2) the term ‘voter caging list’ means a list of 
individuals compiled from voter caging documents; 
and 
‘‘(3) the term ‘unverified match list’ means a 
list produced by matching the information of reg-
istered voters or applicants for voter registration to 
a list of individuals who are ineligible to vote in the 
registrar’s jurisdiction, by virtue of death, convic-
tion, change of address, or otherwise; unless one of 
the pieces of information matched includes a signa-
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ture, photograph, or unique identifying number en-
suring that the information from each source refers 
to the same individual. 
‘‘(b) PROHIBITION AGAINST VOTER CAGING.—No 
State or local election official shall prevent an individual 
from registering or voting in any election for Federal of-
fice, or permit in connection with any election for Federal 
office a formal challenge under State law to an individual’s 
registration status or eligibility to vote, if the basis for 
such decision is evidence consisting of— 
‘‘(1) a voter caging document or voter caging 
list; 
‘‘(2) an unverified match list; 
‘‘(3) an error or omission on any record or 
paper relating to any application, registration, or 
other act requisite to voting, if such error or omis-
sion is not material to an individual’s eligibility to 
vote under section 2004 of the Revised Statutes, as 
amended (42 U.S.C. 1971(a)(2)(B)); or 
‘‘(4) any other evidence so designated for pur-
poses of this section by the Election Assistance Com-
mission, 
except that the election official may use such evidence if 
it is corroborated by independent evidence of the individ-
ual’s ineligibility to register or vote. 
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‘‘(c) REQUIREMENTS FOR CHALLENGES BY PERSONS 
OTHER THAN ELECTION OFFICIALS.—No person, other 
than a State or local election official, shall submit a formal 
challenge to an individual’s eligibility to register to vote 
in an election for Federal office or to vote in an election 
for Federal office unless that challenge is supported by 
personal knowledge regarding the grounds for ineligibility 
which is— 
‘‘(1) documented in writing; and 
‘‘(2) subject to an oath or attestation under 
penalty of perjury that the challenger has a good 
faith factual basis to believe that the individual who 
is the subject of the challenge is ineligible to register 
to vote or vote in that election. 
‘‘(d) PENALTIES
FOR KNOWING MISCONDUCT.— 
Whoever knowingly challenges the eligibility of one or 
more individuals to register or vote or knowingly causes 
the eligibility of such individuals to be challenged in viola-
tion of this section with the intent that one or more eligi-
ble voters be disqualified, shall be fined under this title 
or imprisoned not more than 1 year, or both, for each such 
violation. Each violation shall be a separate offense. 
‘‘(e) NO EFFECT ON RELATED LAWS.—Nothing in 
this section is intended to override the protections of the 
National Voter Registration Act of 1993 (42 U.S.C. 
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1973gg et seq.) or to affect the Voting Rights Act of 1965 
(42 U.S.C. 1973 et seq.).’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
for chapter 29 of title 18, United States Code, as amended 
by section 141(b), is amended by adding at the end the 
following: 
‘‘613. Voter caging and other questionable challenges.’’. 
SEC. 302. DEVELOPMENT AND ADOPTION OF BEST PRAC-
TICES FOR PREVENTING VOTER CAGING. 
(a) BEST PRACTICES.—Not later than 180 days after 
the date of the enactment of this Act, the Election Assist-
ance Commission shall develop and publish for the use of 
States recommendations for best practices to deter and 
prevent violations of section 613 of title 18, United States 
Code, as added by section 301(a), including practices to 
provide for the posting of relevant information at polling 
places and voter registration agencies, the training of poll 
workers and election officials, and relevant educational 
measures. For purposes of this subsection, the term 
‘‘State’’ includes the District of Columbia, the Common-
wealth of Puerto Rico, Guam, American Samoa, and the 
United States Virgin Islands. 
(b) INCLUSION IN VOTING INFORMATION REQUIRE-
MENTS.—Section 302(b)(2) of the Help America Vote Act 
of 2002 (42 U.S.C. 15482(b)(2)), as amended by section 
141(b), is amended— 
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(1) by striking ‘‘and’’ at the end of subpara-
graph (F); 
(2) by striking the period at the end of sub-
paragraph (G) and inserting ‘‘; and’’; and 
(3) by adding at the end the following new sub-
paragraph: 
‘‘(H) information relating to the prohibi-
tion against voter caging and other questionable 
challenges (as set forth in section 613 of title 
18, United States Code), including information 
on how individuals may report allegations of 
violations of such prohibition.’’. 
SEC. 303. SEVERABILITY. 
If any provision of this title or any amendment made 
by this title, or the application of a provision to any person 
or circumstance, is held to be unconstitutional, the re-
mainder of this title and the amendments made by this 
title, and the application of the provisions to any person 
or circumstance, shall not be affected by the holding. 
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TITLE IV—PROHIBITING 
DECEPTIVE PRACTICES 
SEC. 401. PROHIBITION ON DECEPTIVE PRACTICES IN FED-
ERAL ELECTIONS. 
(a) IN GENERAL.—Chapter 29 of title 18, United 
States Code, as amended by section 141(a) and section 
301(a), is amended by adding at the end the following: 
‘‘§ 614. False election-related information in Federal 
elections 
‘‘(a) A person, including an election official, who in 
any election for Federal office knowingly and willfully de-
prives, defrauds, or attempts to deprive or defraud the 
residents of a State of their free and fair exercise of the 
right to vote by the communication of election-related in-
formation that is known by the person to be materially 
false, fictitious, or fraudulent shall be fined under this title 
or imprisoned not more than 1 year, or both. 
‘‘(b) As used in this section— 
‘‘(1) the term ‘election for Federal office’ means 
any general, primary, runoff, or special election for 
the office of President, Vice President, presidential 
elector, Member of the Senate, Member of the House 
of Representatives, or Delegate or Resident Commis-
sioner to the Congress; and 
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‘‘(2) the term ‘election-related information’ 
means any oral or written communication regard-
ing— 
‘‘(A) the time or place of an election for 
Federal office; 
‘‘(B) criminal penalties associated with 
voting in such an election; 
‘‘(C) an individual’s voter registration sta-
tus or eligibility to vote in such an election; or 
‘‘(D) the explicit endorsement by any per-
son or organization of a candidate in such an 
election.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
for chapter 29 of title 18, United States Code, as amended 
by section 141(b) and section 301(b), is amended by add-
ing at the end the following new item: 
‘‘614. False election-related information in Federal elections.’’. 
SEC. 402. MODIFICATION OF PENALTY FOR VOTER INTIMI-
DATION. 
Section 594 of title 18, United States Code, is 
amended by striking ‘‘one year’’ and inserting ‘‘5 years’’. 
SEC. 403. SENTENCING GUIDELINES. 
(a) REVIEW AND AMENDMENT.—Not later than 90 
days after the date of enactment of this Act, the United 
States Sentencing Commission, pursuant to its authority 
under section 994 of title 28, United States Code, and 
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in accordance with this section, shall review and, if appro-
priate, amend the Federal sentencing guidelines and policy 
statements applicable to persons convicted of any offense 
under any sections of title 18, United States Code, that 
are added or modified by this Act. 
(b) AUTHORIZATION.—The United States Sentencing 
Commission may, for the purposes of the amendments 
made pursuant to this title, amend the Federal sentencing 
guidelines in accordance with the procedures set forth in 
section 21(a) of the Sentencing Act of 1987 (28 U.S.C. 
994 note) as though the authority under that section had 
not expired. 
SEC. 404. REPORTING VIOLATIONS; CORRECTIVE ACTION. 
(a) REPORTING.—Any person may submit a report 
to the Attorney General regarding any violation or possible 
violation of section 594 or section 614 of title 18, United 
States Code (as added by section 401(a)). 
(b) CORRECTIVE ACTION.— 
(1) IN GENERAL.—Immediately after receiving 
a report under subsection (a), the Attorney General 
shall consider and review the report, and if the At-
torney General determines that there is a reasonable 
basis to find that a violation included in the report 
has occurred, the Attorney General shall— 
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(A) undertake all effective measures nec-
essary to provide correct information to voters 
affected by the false information; and 
(B) refer the matter to the appropriate 
Federal and State authorities for criminal pros-
ecution or civil action after the election in-
volved. 
(2) REGULATIONS.—The Attorney General shall 
promulgate regulations regarding the methods and 
means of corrective actions to be taken under para-
graph (1). Such regulations shall be developed in 
consultation with the Election Assistance Commis-
sion, civil rights organizations, voting rights groups, 
State and local election officials, voter protection 
groups, and other interested community organiza-
tions. 
(3) STUDY AND REPORT ON METHODS OF DIS-
SEMINATING CORRECTIVE INFORMATION.— 
(A) IN GENERAL.—The Attorney General, 
in consultation with the Federal Communica-
tions Commission and the Election Assistance 
Commission, shall conduct a study on the feasi-
bility of providing the corrective information 
under paragraph (1) through public service an-
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nouncements, the emergency alert system, or 
other forms of public broadcast. 
(B) REPORT.—Not later than 180 days 
after the date of the enactment of this Act, the 
Attorney General shall submit to Congress a re-
port detailing the results of the study conducted 
under subparagraph (A). 
(4) 
PUBLICIZING
AVAILABILITY
OF
REM-
EDIES.—The Attorney General shall make public 
through the Internet, radio, television, and news-
paper advertisements information on the responsibil-
ities, contact information, and complaint procedures 
applicable under this section. 
(c) REPORTS TO CONGRESS.— 
(1) IN GENERAL.—Not later than 90 days after 
any election with respect to which a report has been 
submitted under subsection (a), the Attorney Gen-
eral shall submit to Congress a report compiling all 
such reports submitted under subsection (a) with re-
spect to that election. 
(2) CONTENTS.— 
(A) IN GENERAL.—Each report submitted 
under paragraph (1) shall include— 
(i) detailed information on specific al-
legations; 
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(ii) statistical compilations of how 
many allegations were made and of what 
type; 
(iii) the geographic locations of and 
the populations affected by the alleged vio-
lations; 
(iv) the status of the investigations of 
such allegations; 
(v) any corrective actions taken in re-
sponse to such allegations; 
(vi) the rationale used for any correc-
tive actions or for any refusal to pursue an 
allegation; 
(vii) the effectiveness of any such cor-
rective actions; 
(viii) whether a Voting Integrity Task 
Force was established with respect to such 
election, and, if so, how such task force 
was staffed and funded; 
(ix) any referrals of information to 
other Federal, State, or local agencies; and 
(x) any criminal prosecution instituted 
under title 18, United States Code, in con-
nection with such allegations. 
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(3) REPORT MADE PUBLIC.—On the date that 
the Attorney General submits the report under para-
graph (1), the Attorney General shall also make the 
report publicly available through the Internet and 
other appropriate means. 
(d) DELEGATION OF DUTIES.— 
(1) USE OF VOTING INTEGRITY TASK FORCE.— 
The Attorney General shall delegate the responsibil-
ities under this section with respect to a particular 
election to a Voting Integrity Task Force established 
by the Attorney General for such purpose. 
(2) COMPOSITION.—A Voting Integrity Task 
Force established under paragraph (1) shall be 
under the direction of the Assistant Attorney Gen-
eral for the Civil Rights Division and the Assistant 
Attorney General for the Criminal Division, acting 
jointly. 
TITLE V—DEMOCRACY 
RESTORATION 
SEC. 501. RIGHTS OF CITIZENS. 
The right of an individual who is a citizen of the 
United States to vote in any election for Federal office 
shall not be denied or abridged because that individual has 
been convicted of a criminal offense unless such individual 
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is serving a felony sentence in a correctional institution 
or facility at the time of the election. 
SEC. 502. ENFORCEMENT. 
(a) ATTORNEY GENERAL.—The Attorney General 
may, in a civil action, obtain such declaratory or injunctive 
relief as is necessary to remedy a violation of this title. 
(b) PRIVATE RIGHT OF ACTION.— 
(1) A person who is aggrieved by a violation of 
this title may provide written notice of the violation 
to the chief election official of the State involved. 
(2) Except as provided in paragraph (3), if the 
violation is not corrected within 90 days after receipt 
of a notice under paragraph (1), or within 20 days 
after receipt of the notice if the violation occurred 
within 120 days before the date of an election for 
Federal office, the aggrieved person may, in a civil 
action, obtain declaratory or injunctive relief with re-
spect to the violation. 
(3) If the violation occurred within 30 days be-
fore the date of an election for Federal office, the 
aggrieved person need not provide notice to the chief 
election official of the State under paragraph (1) be-
fore bringing a civil action to obtain declaratory or 
injunctive relief with respect to the violation. 
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SEC. 503. NOTIFICATION OF RESTORATION OF VOTING 
RIGHTS. 
(a) STATE NOTIFICATION.— 
(1) NOTIFICATION.—On the date determined 
under paragraph (2), each State shall notify in writ-
ing any individual who has been convicted of a 
criminal offense under the law of that State that 
such individual has the right to vote in an election 
for Federal office pursuant to this title and may reg-
ister to vote in any such election. 
(2) DATE OF NOTIFICATION.— 
(A) FELONY CONVICTION.—In the case of 
such an individual who has been convicted of a 
felony, the notification required under para-
graph (1) shall be given on the date on which 
the individual— 
(i) is sentenced to serve only a term 
of probation; or 
(ii) is released from the custody of 
that State (other than to the custody of 
another State or the Federal Government 
to serve a term of imprisonment for a fel-
ony conviction). 
(B) MISDEMEANOR
CONVICTION.—In the 
case of such an individual who has been con-
victed of a misdemeanor, the notification re-
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quired under paragraph (1) shall be given on 
the date on which such individual is sentenced 
by a State court. 
(b) FEDERAL NOTIFICATION.— 
(1) NOTIFICATION.—On the date determined 
under paragraph (2), the Director of the Bureau of 
Prisons shall notify in writing any individual who 
has been convicted of a criminal offense under Fed-
eral law that such individual has the right to vote 
in an election for Federal office pursuant to this 
title and may register to vote in any such election. 
(2) DATE OF NOTIFICATION.— 
(A) FELONY CONVICTION.—In the case of 
such an individual who has been convicted of a 
felony, the notification required under para-
graph (1) shall be given on the date on which 
the individual— 
(i) is sentenced to serve only a term 
of probation by a court established by an 
Act of Congress; or 
(ii) is released from the custody of the 
Bureau of Prisons (other than to the cus-
tody of a State to serve a term of impris-
onment for a felony conviction). 
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(B) MISDEMEANOR
CONVICTION.—In the 
case of such an individual who has been con-
victed of a misdemeanor, the notification re-
quired under paragraph (1) shall be given on 
the date on which such individual is sentenced 
by a State court. 
SEC. 504. DEFINITIONS. 
For purposes of this title: 
(1) CORRECTIONAL
INSTITUTION
OR
FACIL-
ITY.—The term ‘‘correctional institution or facility’’ 
means any prison, penitentiary, jail, or other institu-
tion or facility for the confinement of individuals 
convicted of criminal offenses, whether publicly or 
privately operated, except that such term does not 
include any residential community treatment center 
(or similar public or private facility). 
(2) ELECTION.—The term ‘‘election’’ means— 
(A) a general, special, primary, or runoff 
election; 
(B) a convention or caucus of a political 
party held to nominate a candidate; 
(C) a primary election held for the selec-
tion of delegates to a national nominating con-
vention of a political party; or 
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(D) a primary election held for the expres-
sion of a preference for the nomination of per-
sons for election to the office of President. 
(3) FEDERAL OFFICE.—The term ‘‘Federal of-
fice’’ means the office of President or Vice President 
of the United States, or of Senator or Representa-
tive in, or Delegate or Resident Commissioner to, 
the Congress of the United States. 
(4) PROBATION.—The term ‘‘probation’’ means 
probation, imposed by a Federal, State, or local 
court, with or without a condition on the individual 
involved concerning— 
(A) the individual’s freedom of movement; 
(B) the payment of damages by the indi-
vidual; 
(C) periodic reporting by the individual to 
an officer of the court; or 
(D) supervision of the individual by an of-
ficer of the court. 
SEC. 505. RELATION TO OTHER LAWS. 
(a) STATE LAWS RELATING TO VOTING RIGHTS.— 
Nothing in this title shall be construed to prohibit the 
States from enacting any State law which affords the right 
to vote in any election for Federal office on terms less 
restrictive than those established by this title. 
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(b) CERTAIN FEDERAL ACTS.—The rights and rem-
edies established by this title are in addition to all other 
rights and remedies provided by law, and neither rights 
and remedies established by this title shall supersede, re-
strict, or limit the application of the Voting Rights Act 
of 1965 (42 U.S.C. 1973 et seq.) or the National Voter 
Registration Act (42 U.S.C. 1973gg). 
SEC. 506. FEDERAL PRISON FUNDS. 
No State, unit of local government, or other person 
may receive or use, to construct or otherwise improve a 
prison, jail, or other place of incarceration, any Federal 
grant amounts unless that person has in effect a program 
under which each individual incarcerated in that person’s 
jurisdiction who is a citizen of the United States is noti-
fied, upon release from such incarceration, of that individ-
ual’s rights under section 501. 
SEC. 507. EFFECTIVE DATE. 
This title shall apply to citizens of the United States 
voting in any election for Federal office held after the date 
of the enactment of this Act. 
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TITLE 
VI—ACCURACY, 
INTEG-
RITY, 
AND 
SECURITY 
OF 
ELECTIONS 
SEC. 600. SHORT TITLE. 
This title may be cited as the ‘‘Voter Confidence and 
Increased Accessibility Act of 2012’’. 
Subtitle A—Promoting Accuracy, 
Integrity, and Security Through 
Voter-Verified Permanent Paper 
Ballot 
SEC. 601. PAPER BALLOT AND MANUAL COUNTING RE-
QUIREMENTS. 
(a) 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: 
‘‘(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 
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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. 
‘‘(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 
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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 
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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-
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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 (42 U.S.C. 15481(a)(4)) 
is amended by inserting ‘‘(including the paper ballots re-
quired to be used under paragraph (2))’’ after ‘‘voting sys-
tem’’. 
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(c) OTHER CONFORMING AMENDMENTS.—Section 
301(a)(1) of such Act (42 U.S.C. 15481(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. 602. ACCESSIBILITY AND BALLOT VERIFICATION FOR 
INDIVIDUALS WITH DISABILITIES. 
(a) IN GENERAL.—Section 301(a)(3)(B) of the Help 
America Vote Act of 2002 (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 disabil-
ities, including nonvisual and enhanced visual 
accessibility for the blind and visually impaired, 
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100 
and nonmanual and enhanced manual accessi-
bility for the mobility and dexterity impaired, at 
each polling place; and 
‘‘(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 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 (42 U.S.C. 15381 et seq.) is 
amended— 
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101 
(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 3 eligible entities to study, test, and develop acces-
sible paper ballot voting, verification, and casting mecha-
nisms and devices and best practices to enhance the acces-
sibility of paper ballot voting and verification mechanisms 
for individuals with disabilities, 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 mecha-
nisms 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 
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102 
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, 2014; 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 
are authorized to be appropriated to carry out subsection 
(a) $5,000,000, to remain available until expended.’’. 
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103 
(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 (42 
U.S.C. 15462(a)) is amended by striking ‘‘; except that’’ 
and all that follows and inserting a period. 
SEC. 603. ADDITIONAL VOTING SYSTEM REQUIREMENTS. 
(a) REQUIREMENTS DESCRIBED.—Section 301(a) of 
the Help America Vote Act of 2002 (42 U.S.C. 15481(a)) 
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104 
is amended by adding at the end the following new para-
graphs: 
‘‘(7) PROHIBITING USE OF UNCERTIFIED ELEC-
TION-DEDICATED
VOTING
SYSTEM
TECHNOLOGIES; 
DISCLOSURE REQUIREMENTS.— 
‘‘(A) IN GENERAL.—A voting system used 
in an election for Federal office in a State may 
not at any time during the election contain or 
use any election-dedicated voting system tech-
nology— 
‘‘(i) which has not been certified by 
the State for use in the election; and 
‘‘(ii) which has not been deposited 
with an accredited laboratory described in 
section 231 to be held in escrow and dis-
closed in accordance with this section. 
‘‘(B) REQUIREMENT FOR DISCLOSURE AND 
LIMITATION
ON
RESTRICTING
DISCLOSURE.— 
An accredited laboratory under section 231 
with whom an election-dedicated voting system 
technology has been deposited shall— 
‘‘(i) hold the technology in escrow; 
and 
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105 
‘‘(ii) disclose technology and informa-
tion regarding the technology to another 
person if— 
‘‘(I) the person is a qualified per-
son described in subparagraph (C) 
who has entered into a nondisclosure 
agreement with respect to the tech-
nology which meets the requirements 
of subparagraph (D); or 
‘‘(II) the laboratory is permitted 
or required to disclose the technology 
to the person under State law, in ac-
cordance with the terms and condi-
tions applicable under such law. 
‘‘(C) QUALIFIED PERSONS DESCRIBED.— 
With respect to the disclosure of election-dedi-
cated voting system technology by a laboratory 
under subparagraph (B)(ii)(I), a ‘qualified per-
son’ is any of the following: 
‘‘(i) A governmental entity with re-
sponsibility for the administration of vot-
ing and election-related matters for pur-
poses of reviewing, analyzing, or reporting 
on the technology. 
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106 
‘‘(ii) A party to pre- or post-election 
litigation challenging the result of an elec-
tion or the administration or use of the 
technology used in an election, including 
but not limited to election contests or chal-
lenges to the certification of the tech-
nology, or an expert for a party to such 
litigation, for purposes of reviewing or ana-
lyzing the technology to support or oppose 
the litigation, and all parties to the litiga-
tion shall have access to the technology for 
such purposes. 
‘‘(iii) A person not described in clause 
(i) or (ii) who reviews, analyzes, or reports 
on the technology solely for an academic, 
scientific, technological, or other investiga-
tion or inquiry concerning the accuracy or 
integrity of the technology. 
‘‘(D) REQUIREMENTS
FOR
NONDISCLO-
SURE
AGREEMENTS.—A nondisclosure agree-
ment entered into with respect to an election- 
dedicated voting system technology meets the 
requirements of this subparagraph if the agree-
ment— 
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107 
‘‘(i) is limited in scope to coverage of 
the technology disclosed under subpara-
graph (B) and any trade secrets and intel-
lectual property rights related thereto; 
‘‘(ii) does not prohibit a signatory 
from entering into other nondisclosure 
agreements to review other technologies 
under this paragraph; 
‘‘(iii) exempts from coverage any in-
formation the signatory lawfully obtained 
from another source or any information in 
the public domain; 
‘‘(iv) remains in effect for not longer 
than the life of any trade secret or other 
intellectual property right related thereto; 
‘‘(v) prohibits the use of injunctions 
barring a signatory from carrying out any 
activity authorized under subparagraph 
(C), including injunctions limited to the 
period prior to a trial involving the tech-
nology; 
‘‘(vi) is silent as to damages awarded 
for breach of the agreement, other than a 
reference to damages available under appli-
cable law; 
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108 
‘‘(vii) allows disclosure of evidence of 
crime, including in response to a subpoena 
or warrant; 
‘‘(viii) allows the signatory to perform 
analyses on the technology (including by 
executing the technology), disclose reports 
and analyses that describe operational 
issues pertaining to the technology (includ-
ing vulnerabilities to tampering, errors, 
risks associated with use, failures as a re-
sult of use, and other problems), and de-
scribe or explain why or how a voting sys-
tem failed or otherwise did not perform as 
intended; and 
‘‘(ix) provides that the agreement 
shall be governed by the trade secret laws 
of the applicable State. 
‘‘(E) ELECTION-DEDICATED VOTING SYS-
TEM TECHNOLOGY DEFINED.—For purposes of 
this paragraph: 
‘‘(i) IN
GENERAL.—The term ‘elec-
tion-dedicated voting system technology’ 
means the following: 
‘‘(I) The source code used for the 
trusted build and its file signatures. 
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109 
‘‘(II) A complete disk image of 
the pre-build, build environment, and 
any file signatures to validate that it 
is unmodified. 
‘‘(III) A complete disk image of 
the post-build, build environment, and 
any file signatures to validate that it 
is unmodified. 
‘‘(IV) All executable code pro-
duced by the trusted build and any 
file signatures to validate that it is 
unmodified. 
‘‘(V) Installation devices and 
software file signatures. 
‘‘(ii) EXCLUSION.—Such term does 
not include ‘commercial-off-the-shelf’ soft-
ware and hardware defined under the 2005 
voluntary voting system guidelines adopted 
by the Commission under section 222. 
‘‘(8) PROHIBITION OF USE OF WIRELESS COM-
MUNICATIONS DEVICES IN SYSTEMS OR DEVICES.— 
No system or device upon which ballots are pro-
grammed or votes are cast or tabulated shall con-
tain, use, or be accessible by any wireless, power- 
line, or concealed communication device, except that 
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110 
enclosed infrared communications devices which are 
certified for use in such device by the State and 
which cannot be used for any remote or wide area 
communications or used without the knowledge of 
poll workers shall be permitted. 
‘‘(9) PROHIBITING CONNECTION OF SYSTEM TO 
THE INTERNET.— 
‘‘(A) IN GENERAL.—No system or device 
upon which ballots are programmed or votes are 
cast or tabulated shall be connected to the 
Internet at any time. 
‘‘(B) RULE OF CONSTRUCTION.—Nothing 
contained in this paragraph shall be deemed to 
prohibit the Commission from conducting the 
studies under section 242 or to conduct other 
similar studies under any other provision of law 
in a manner consistent with this paragraph. 
‘‘(10) 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-
cable requirements described in subparagraph 
(B). 
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111 
‘‘(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, 
blank ballots, and completed ballots used 
in connection with voting systems, and 
shall make the information available upon 
request to the Commission. 
‘‘(ii) The manufacturer shall disclose 
to an accredited laboratory under section 
231 and to the appropriate election official 
any information required to be disclosed 
under paragraph (7). 
‘‘(iii) After the appropriate election 
official has certified the election-dedicated 
and other voting system software for use in 
an election, the manufacturer may not— 
‘‘(I) alter such software; or 
‘‘(II) insert or use in the voting 
system any software, software patch, 
or other software modification not cer-
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112 
tified by the State for use in the elec-
tion. 
‘‘(iv) At the request of the Commis-
sion— 
‘‘(I) the appropriate election offi-
cial shall submit information to the 
Commission regarding the State’s 
compliance with this subparagraph; 
and 
‘‘(II) the manufacturer shall sub-
mit information to the Commission re-
garding the manufacturer’s compli-
ance with this subparagraph. 
‘‘(C) DEVELOPMENT AND PUBLICATION OF 
BEST PRACTICES OF SECURE CHAIN OF CUS-
TODY.—Not later than August 1, 2016, the 
Commission shall develop and make publicly 
available best practices regarding the require-
ment of subparagraph (B)(i) and (B)(iii), and 
in the case of subparagraph (B)(iii), shall in-
clude best practices for certifying software 
patches and minor software modifications under 
short deadlines. 
‘‘(D) DISCLOSURE OF SECURE CHAIN OF 
CUSTODY.—The Commission shall make infor-
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mation provided to the Commission under sub-
paragraph (B)(i) available to any person upon 
request. 
‘‘(11) 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 
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114 
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. 
‘‘(12) REQUIREMENTS
FOR
PUBLICATION
OF 
POLL TAPES.— 
‘‘(A) REQUIREMENTS.—Each State shall 
meet the following requirements: 
‘‘(i) Upon the closing of the polls at 
each polling place, the appropriate election 
official, under the observation of the cer-
tified tabulation observers admitted to the 
polling place under subparagraph (E) (if 
any), shall announce the vote orally, post a 
copy of the poll tape reflecting the totals 
from each voting machine upon which 
votes were cast in the election at the poll-
ing place, and prepare and post a state-
ment of the total number of individuals 
who appeared at the polling place to cast 
ballots, determined by reference to the 
number of signatures in a sign-in book or 
other similar independent count. Such offi-
cials shall ensure that each of the certified 
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tabulation observers admitted to the poll-
ing place has full access to observe the 
process by which the poll tapes and state-
ment are produced and a reasonable period 
of time to review the poll tapes and state-
ment before the polling place is closed, and 
(if feasible) shall provide such observers 
with identical duplicate copies of the poll 
tapes and statement. 
‘‘(ii) As soon as practicable, but in no 
event later than noon of the day following 
the date of the election, the appropriate 
election official shall display (at a promi-
nent location accessible to the public dur-
ing regular business hours and in or within 
reasonable proximity to the polling place) a 
copy of each poll tape and statement pre-
pared under clause (i), and the information 
shall be displayed on the official public 
websites of the applicable local election of-
ficial and chief State election official, to-
gether with the name of the designated 
voting official who entered the information 
and the date and time the information was 
entered. 
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116 
‘‘(iii) Each website on which informa-
tion is posted under clause (ii) shall in-
clude information on the procedures by 
which discrepancies shall be reported to 
election officials. If any discrepancy exists 
between the posted information and the 
relevant poll tape or statement, the appro-
priate election official shall display infor-
mation on the discrepancy on the website 
on which the information is posted under 
clause (ii) not later than 24 hours after 
the official is made aware of the discrep-
ancy, and shall maintain the information 
on the discrepancy and its resolution (if 
applicable) on such website during the en-
tire period for which results of the election 
are typically maintained on such website. 
‘‘(iv) The appropriate election official 
shall preserve archived copies of the poll 
tapes and statements prepared under 
clause (i) and reports of discrepancies filed 
by certified tabulation observers for the pe-
riod of time during which records and pa-
pers are required to be retained and pre-
served pursuant to title III of the Civil 
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117 
Rights Act of 1960 (42 U.S.C. 1974 et 
seq.) or for the same duration for which 
archived copies of other records of the elec-
tion are required to be preserved under ap-
plicable State law, whichever is longer. 
‘‘(B) TREATMENT OF BALLOTS CAST AT 
EARLY VOTING SITES.— 
‘‘(i) APPLICATION.—The requirements 
of this subparagraph shall apply with re-
spect to poll tapes and statements of the 
number of voters who voted in person at 
designated sites prior to the date of the 
election. 
‘‘(ii) DAILY COUNT OF VOTERS.—At 
the close of business on each day on which 
ballots described in clause (i) may be cast 
prior to the date of the election, the appro-
priate election official at each such site 
shall— 
‘‘(I) under the observation of cer-
tified tabulation observers admitted to 
the site under subparagraph (E) (if 
any), prepare and post a statement of 
the total number of individuals who 
appeared at the site to cast ballots, 
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determined by reference to the num-
ber of signatures in a sign-in book or 
other similar independent count, and 
the total number of ballots cast (ex-
cluding information on the votes re-
ceived by individual candidates), and 
shall ensure that each of the certified 
tabulation observers admitted to the 
site has full access to observe the 
process by which the statement is pro-
duced and a reasonable period of time 
to review the statement before the site 
is closed; and 
‘‘(II) display at the site during 
regular business hours for the dura-
tion of the early voting period a paper 
copy of the statement prepared under 
subclause (I). 
‘‘(iii) APPLICATION OF GENERAL RE-
QUIREMENTS
FOR
POLL
TAPES
AND 
STATEMENTS.—Upon the closing of the 
polls on the date of the election, the appro-
priate election official at each designated 
site described in this subparagraph shall 
meet the requirements of subparagraph 
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119 
(A) (including requirements relating to the 
role of certified tabulation observers) in 
the same manner as an election official at 
a polling place. 
‘‘(C) TREATMENT
OF
ABSENTEE
BAL-
LOTS.— 
‘‘(i) 
DAILY
COUNT
OF
BALLOTS 
MAILED AND RECEIVED.—At the close of 
each business day on which a State mails 
or accepts absentee ballots cast in an elec-
tion for Federal office prior to the date of 
the election, the appropriate election offi-
cial shall— 
‘‘(I) under the observation of cer-
tified tabulation observers admitted 
under subparagraph (E) to the site at 
which the ballots are mailed and re-
ceived (if any), prepare and post a 
statement of the total number of ab-
sentee ballots mailed and received by 
the official during that day and a sep-
arate count of the number of absentee 
ballots received but rejected (sepa-
rated into categories of the reasons 
for rejection), and ensure that each of 
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120 
the certified tabulation observers ad-
mitted to the site has full access to 
observe the process by which the 
statement is produced and a reason-
able period of time to review the 
statement before the site is closed; 
and 
‘‘(II) display at the site during 
regular business hours for the dura-
tion of the period during which absen-
tee ballots are processed a paper copy 
of the statement prepared under sub-
clause (I). 
‘‘(ii) APPLICATION OF GENERAL RE-
QUIREMENTS
FOR
POLL
TAPES
AND 
STATEMENTS.—At the close of business on 
the last day on which absentee ballots are 
counted prior to the certification of the 
election, the appropriate election official at 
the site at which absentee ballots are re-
ceived and counted shall meet the require-
ments of subparagraph (A) (including re-
quirements relating to the role of certified 
tabulation observers) in the same manner 
as an election official at a polling place. 
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121 
‘‘(D) DAILY COUNT OF PROVISIONAL BAL-
LOTS.—At the close of business on the day on 
which the appropriate election official deter-
mines whether or not provisional ballots cast in 
an election for Federal office will be counted as 
votes in the election (as described in section 
302(a)(4)), the official shall— 
‘‘(i) under the observation of certified 
tabulation observers admitted under sub-
paragraph (E) to the site at which the de-
termination is made (if any), prepare and 
post a statement of the number of such 
ballots for which a determination was 
made, the number of ballots counted, and 
the number of ballots rejected (separated 
into categories of the reason for the rejec-
tion), and ensure that each of the certified 
tabulation observers admitted to the site 
has full access to observe the process by 
which the statement is produced and a rea-
sonable period of time to review the state-
ment before the site is closed; and 
‘‘(ii) display at the site during regular 
business hours for the duration of the pe-
riod during which provisional ballots are 
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122 
processed a paper copy of the statement 
prepared under clause (i). 
‘‘(E) ADMISSION OF CERTIFIED TABULA-
TION OBSERVERS.— 
‘‘(i) 
CERTIFIED
TABULATION
OB-
SERVER DEFINED.—In this paragraph, a 
‘certified tabulation observer’ is an indi-
vidual who is certified by an appropriate 
election official as authorized to carry out 
the responsibilities of a certified tabulation 
observer under this paragraph. 
‘‘(ii) 
SELECTION.—In 
determining 
which individuals to certify as tabulation 
observers and admit to a polling place or 
other location to serve as certified tabula-
tion observers with respect to an election 
for Federal office, the election official shall 
give preference to individuals who are af-
filiated with a candidate in the election, ex-
cept that— 
‘‘(I) the number of individuals 
admitted who are affiliated with the 
same candidate for Federal office may 
not exceed one; and 
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123 
‘‘(II) the maximum number of in-
dividuals who may be admitted shall 
equal the number of candidates in the 
election plus 3, or such greater num-
ber as may be authorized under State 
law. 
‘‘(iii) NO EFFECT ON ADMISSION OF 
OTHER OBSERVERS.—Nothing in this sub-
paragraph may be construed to limit or 
otherwise affect the authority of other indi-
viduals to enter and observe polling place 
operations under any other law, including 
international observers authorized under 
any treaty or observers of the Federal Gov-
ernment authorized under the Voting 
Rights Act of 1965. 
‘‘(F) NO EFFECT ON OTHER TABULATION 
REQUIREMENTS.—Nothing in this Act may be 
construed to supersede any requirement that an 
election official at a polling place report vote to-
tals to a central tabulation facility and address 
discrepancies the official finds in the aggrega-
tion of those totals with other vote totals.’’. 
(b) REQUIRING LABORATORIES TO MEET STAND-
ARDS PROHIBITING CONFLICTS OF INTEREST AS CONDI-
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124 
TION OF ACCREDITATION FOR TESTING OF VOTING SYS-
TEM HARDWARE AND SOFTWARE.— 
(1) IN GENERAL.—Section 231(b) of such Act 
(42 U.S.C. 15371(b)) is amended by adding 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 such stand-
ards as the Commission shall establish 
(after notice and opportunity for public 
comment) to prevent the existence or ap-
pearance of any conflict of interest in the 
testing carried out by the laboratory under 
this section, including standards to ensure 
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125 
that the laboratory does not have a finan-
cial interest in the manufacture, sale, and 
distribution of voting system hardware and 
software, and is sufficiently independent 
from other persons with such an interest; 
‘‘(iii) the laboratory certifies that it 
will permit an expert designated by the 
Commission or by the State requiring cer-
tification of the system being tested to ob-
serve any testing the laboratory 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. 
‘‘(4) PROCEDURES FOR CONDUCTING TESTING; 
PAYMENT OF USER FEES FOR COMPENSATION OF 
ACCREDITED LABORATORIES.— 
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126 
‘‘(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-
ware or software tested by an accredited labora-
tory under this section unless— 
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127 
‘‘(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, from all 
laboratories which are accredited under this 
section to carry out the specific testing re-
quested by the manufacturer, an accredited lab-
oratory 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)(iv), the Com-
mission shall make a payment to the laboratory 
from the Testing Escrow Account established 
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128 
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) INFORMATION ON STATUS OF LAB-
ORATORIES.—The Commission shall promptly 
notify Congress, the chief State election official 
of each State, and the public whenever— 
‘‘(i) the Commission revokes, termi-
nates, or suspends the accreditation of a 
laboratory under this section; 
‘‘(ii) the Commission restores the ac-
creditation of a laboratory under this sec-
tion which has been revoked, terminated, 
or suspended; or 
‘‘(iii) the Commission has credible evi-
dence of significant security failure at an 
accredited laboratory.’’. 
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129 
(2) CONFORMING AMENDMENTS.—Section 231 
of such Act (42 U.S.C. 15371) is further amended— 
(A) in subsection (a)(1), by striking ‘‘test-
ing, certification,’’ and all that follows and in-
serting the following: ‘‘testing of voting system 
hardware and software by accredited labora-
tories in connection with the certification, de-
certification, and recertification of the hardware 
and software for purposes of this Act.’’; 
(B) in subsection (a)(2), by striking ‘‘test-
ing, certification,’’ and all that follows and in-
serting the following: ‘‘testing of its voting sys-
tem hardware and software by the laboratories 
accredited by the Commission under this section 
in connection with certifying, decertifying, and 
recertifying the hardware and software.’’; 
(C) in subsection (b)(1), by striking ‘‘test-
ing, certification, decertification, and recertifi-
cation’’ and inserting ‘‘testing’’; and 
(D) in subsection (d), by striking ‘‘testing, 
certification, decertification, and recertification’’ 
each place it appears and inserting ‘‘testing’’. 
(3) 
DEADLINE
FOR
ESTABLISHMENT
OF 
STANDARDS, ESCROW ACCOUNT, AND SCHEDULE OF 
FEES.—The Election Assistance Commission shall 
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130 
establish 
the 
standards 
described 
in 
section 
231(b)(3) of the Help America Vote Act of 2002 
and the Testing Escrow Account and schedule of 
fees described in section 231(b)(4) of such Act (as 
added by paragraph (1)) not later than January 1, 
2016. 
(4) AUTHORIZATION
OF
APPROPRIATIONS.— 
There are authorized to be appropriated to the Elec-
tion Assistance Commission such sums as may be 
necessary to carry out the Commission’s duties 
under paragraphs (3) and (4) of section 231 of the 
Help America Vote Act of 2002 (as added by para-
graph (1)). 
(c) GRANTS FOR RESEARCH ON DEVELOPMENT OF 
ELECTION-DEDICATED VOTING SYSTEM SOFTWARE.— 
(1) IN GENERAL.—Subtitle D of title II of the 
Help America Vote Act of 2002 (42 U.S.C. 15401 
et seq.) is amended by adding at the end the fol-
lowing new part: 
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131 
‘‘PART 7—GRANTS FOR RESEARCH ON DEVELOP-
MENT 
OF 
ELECTION-DEDICATED 
VOTING 
SYSTEM SOFTWARE 
‘‘SEC. 297. GRANTS FOR RESEARCH ON DEVELOPMENT OF 
ELECTION-DEDICATED 
VOTING 
SYSTEM 
SOFTWARE. 
‘‘(a) IN GENERAL.—The Director of the National 
Science Foundation (hereafter in this part referred to as 
the ‘Director’) shall make grants to not fewer than 3 eligi-
ble entities to conduct research on the development of elec-
tion-dedicated voting system software. 
‘‘(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 regarding the benefits of op-
erating voting systems on election-dedicated software 
which is easily understandable and which is written 
exclusively for the purpose of conducting elections; 
‘‘(2) certifications that the entity will use the 
funds provided under the grant to carry out research 
on how to develop voting systems that run on elec-
tion-dedicated software and that will meet the appli-
cable requirements for voting systems under title III; 
and 
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132 
‘‘(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) AUTHORIZATION OF APPROPRIATIONS.—There 
are authorized to be appropriated for grants under this 
section $1,500,000 for each of fiscal years 2017 and 2018, 
to remain available until expended.’’. 
(2) CLERICAL AMENDMENT.—The table of con-
tents of such Act is amended by adding at the end 
of the items relating to subtitle D of title II the fol-
lowing: 
‘‘PART 7—GRANTS FOR RESEARCH ON DEVELOPMENT OF ELECTION- 
DEDICATED VOTING SYSTEM SOFTWARE 
‘‘Sec. 297. Grants for research on development of election-dedicated voting sys-
tem software.’’. 
SEC. 604. AVAILABILITY OF ADDITIONAL FUNDING TO EN-
ABLE STATES TO MEET COSTS OF REVISED 
REQUIREMENTS. 
(a) 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 para-
graph: 
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133 
‘‘(5) For fiscal year 2018, the sum of— 
‘‘(A) $1,000,000,000, except that any 
funds provided under the authorization made by 
this subparagraph shall be used by a State only 
to meet the requirements of title III which are 
first imposed on the State pursuant to the 
amendments made by title I of the Voter Con-
fidence and Increased Accessibility Act of 2012, 
or to otherwise modify or replace its voting sys-
tems in response to such amendments; plus 
‘‘(B) such sums as may be necessary to en-
able States to carry out the activities described 
in subparagraph (A) with respect to require-
ments which first apply to elections for Federal 
office held after in November 2020, except that 
any funds provided under the authorization 
made by this subparagraph shall be used by a 
State only for carrying out these activities.’’. 
(b) USE OF REVISED FORMULA FOR ALLOCATION 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 
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134 
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 
‘‘(B) the total voting age population of all 
States (as reported in the most recent decennial 
census). 
‘‘(2) SPECIAL RULE FOR PAYMENTS USED TO 
MEET REQUIREMENTS IMPOSED UNDER VOTER CON-
FIDENCE
AND
INCREASED
ACCESSIBILITY
ACT
OF 
2012.— 
‘‘(A) IN GENERAL.—In the case of the re-
quirements payment made to a State under the 
authorization made by section 257(a)(5) for fis-
cal year 2018 or any fiscal year thereafter, the 
‘State allocation percentage’ for a State is the 
amount (expressed as a percentage) equal to 
the quotient of— 
‘‘(i) the sum of the number of non-
compliant precincts in the State and 50 
percent of the number of partially non-
compliant precincts in the State; and 
‘‘(ii) the sum of the number of non-
compliant precincts in all States and 50 
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percent of the number of partially non-
compliant precincts in all States. 
‘‘(B) 
NONCOMPLIANT
PRECINCT
DE-
FINED.—In this paragraph, a ‘noncompliant 
precinct’ means any precinct (or equivalent lo-
cation) within a State for which the voting sys-
tem used to administer the regularly scheduled 
general election for Federal office held in No-
vember 2016 did not meet either of the require-
ments described in subparagraph (D). 
‘‘(C) PARTIALLY
NONCOMPLIANT
PRE-
CINCT
DEFINED.—In this paragraph, a ‘par-
tially noncompliant precinct’ means any pre-
cinct (or equivalent location) within a State for 
which the voting system used to administer the 
regularly scheduled general election for Federal 
office held in November 2016 met only one of 
the requirements described in subparagraph 
(D). 
‘‘(D) REQUIREMENTS
DESCRIBED.—The 
requirements described in this subparagraph 
with respect to a voting system are as follows: 
‘‘(i) The primary voting system re-
quired the use of durable paper ballots (as 
described in section 301(a)(2)(A)(i)(I) and 
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136 
301(a)(11)(A), as amended or added by 
the Voter Confidence and Increased Acces-
sibility Act of 2012) for every vote cast. 
‘‘(ii) The voting system allowed the 
voter to privately and independently verify 
the permanent paper ballot through the 
presentation of the same printed or 
marked information used for vote counting 
and auditing and to privately and inde-
pendently cast the permanent paper ballot 
without handling the ballot manually.’’. 
(c) 
REVISED
CONDITIONS
FOR
RECEIPT
OF 
FUNDS.—Section 253 of such Act (42 U.S.C. 15403) is 
amended— 
(1) in subsection (a), by striking ‘‘A State is el-
igible’’ and inserting ‘‘Except as provided in sub-
section (f), a State is eligible’’; and 
(2) by adding at the end the following new sub-
section: 
‘‘(f) SPECIAL RULE FOR PAYMENTS USED TO MEET 
REQUIREMENTS IMPOSED UNDER VOTER CONFIDENCE 
AND INCREASED ACCESSIBILITY ACT OF 2012.— 
‘‘(1) IN GENERAL.—Notwithstanding any other 
provision of this part, a State is eligible to receive 
a requirements payment under the authorization 
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137 
made by section 257(a)(5) for fiscal year 2018 or 
any fiscal year thereafter if, not later than 90 days 
after the date of the enactment of the Voter Con-
fidence and Increased Accessibility Act of 2012, the 
chief executive officer of the State, or designee, in 
consultation and coordination with the chief State 
election official— 
‘‘(A) certifies to the Commission the num-
ber of noncompliant and partially noncompliant 
precincts in the State (as defined in section 
252(b)(2)); 
‘‘(B) certifies to the Commission that the 
State will reimburse each unit of local govern-
ment in the State for any costs the unit incurs 
in carrying out the activities for which the pay-
ment may be used; and 
‘‘(C) files a statement with the Commis-
sion describing the State’s need for the pay-
ment and how the State will use the payment 
to meet the requirements of title III (in accord-
ance with the limitations applicable to the use 
of the payment under section 257(a)(5)). 
‘‘(2) CERTIFICATIONS
BY
STATES
THAT
RE-
QUIRE CHANGES TO STATE LAW.—In the case of a 
State that requires State legislation to carry out any 
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activity covered by any certification submitted under 
this subsection, the State shall be permitted to make 
the certification notwithstanding that the legislation 
has not been enacted at the time the certification is 
submitted and such State shall submit an additional 
certification once such legislation is enacted.’’. 
(d) PERMITTING USE OF FUNDS FOR REIMBURSE-
MENT
FOR
COSTS
PREVIOUSLY
INCURRED.—Section 
251(c)(1) of such Act (42 U.S.C. 15401(c)(1)) is amended 
by striking the period at the end and inserting the fol-
lowing: ‘‘, or as a reimbursement for any costs incurred 
after November 2016 in meeting the requirements of title 
III which are imposed pursuant to the amendments made 
by title I of the Voter Confidence and Increased Accessi-
bility Act of 2012 or in otherwise upgrading or replacing 
voting systems in a manner consistent with such amend-
ments (so long as the voting systems meet any of the re-
quirements that apply with respect to elections for Federal 
office held in 2020 and each succeeding year).’’. 
(e) RULE OF CONSTRUCTION REGARDING STATES 
RECEIVING
OTHER
FUNDS
FOR
REPLACING
PUNCH 
CARD, LEVER, OR OTHER VOTING MACHINES.—Nothing 
in the amendments made by this section or in any other 
provision of the Help America Vote Act of 2002 may be 
construed to prohibit a State which received or was au-
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thorized to receive a payment under title I or II of such 
Act for replacing punch card, lever, or other voting ma-
chines from receiving or using any funds which are made 
available under the amendments made by this section. 
(f) RULE OF CONSTRUCTION REGARDING USE OF 
FUNDS RECEIVED IN PRIOR YEARS.— 
(1) IN GENERAL.—Nothing contained in this 
Act or the Help America Vote Act of 2002 may be 
construed to prohibit a State from using funds re-
ceived under title I or II of the Help America Vote 
Act of 2002 to purchase or acquire by other means 
a voting system that meets the requirements of 
paragraphs (2) and (3) of section 301 of the Help 
America Vote Act of 2002 (as amended by this Act) 
in order to replace voting systems purchased with 
funds received under the Help America Vote Act of 
2002 that do not meet such requirements. 
(2) WAIVER
OF
NOTICE
AND
COMMENT
RE-
QUIREMENTS.—The requirements of subparagraphs 
(A), (B), and (C) of section 254(a)(11) of the Help 
America Vote Act of 2002 shall not apply to any 
State using funds received under such Act for the 
purposes described in subparagraph (A) or (B) of 
paragraph (1). 
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(g) EFFECTIVE DATE.—The amendments made by 
this section shall apply with respect to fiscal years begin-
ning with fiscal year 2018. 
SEC. 605. EFFECTIVE DATE FOR NEW REQUIREMENTS. 
Section 301(d) of the Help America Vote Act of 2002 
(42 U.S.C. 15481(d)) is amended to read as follows: 
‘‘(d) EFFECTIVE DATE.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), each State and jurisdiction shall be re-
quired to comply with the requirements of this sec-
tion on and after January 1, 2006. 
‘‘(2) SPECIAL
RULE
FOR
CERTAIN
REQUIRE-
MENTS.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraphs (B) and (C), the requirements of 
this section which are first imposed on a State 
and jurisdiction pursuant to the amendments 
made by title I of the Voter Confidence and In-
creased Accessibility Act of 2012 shall apply 
with respect to voting systems used for any 
election for Federal office held in 2018 or any 
succeeding year. 
‘‘(B) DELAY
FOR
JURISDICTIONS
USING 
CERTAIN PAPER RECORD PRINTERS OR CERTAIN 
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SYSTEMS
USING
OR
PRODUCING
VOTER- 
VERIFIABLE PAPER RECORDS IN 2016.— 
‘‘(i) DELAY.—In the case of a juris-
diction described in clause (ii), subpara-
graph (A) shall apply to a voting system in 
the jurisdiction as if the reference in such 
subparagraph to ‘2018’ were a reference to 
‘2020’, but only with respect to the fol-
lowing requirements of this section: 
‘‘(I) Paragraph (2)(A)(i)(I) of 
subsection (a) (relating to the use of 
voter-marked paper ballots). 
‘‘(II) Paragraph (3)(B)(ii)(I) and 
(II) of subsection (a) (relating to ac-
cess to verification from and casting 
of the durable paper ballot). 
‘‘(III) Paragraph (11) of sub-
section (a) (relating to durability and 
readability requirements for ballots). 
‘‘(ii) JURISDICTIONS
DESCRIBED.—A 
jurisdiction described in this clause is a ju-
risdiction— 
‘‘(I) which used voter verifiable 
paper record printers attached to di-
rect recording electronic voting ma-
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142 
chines, or which used other voting 
systems that used or produced paper 
records of the vote verifiable by voters 
but that are not in compliance with 
paragraphs (2)(A)(i)(I), (3)(B)(ii) (I) 
and (II), and (11) of subsection (a) 
(as amended or added by the Voter 
Confidence and Increased Accessibility 
Act of 2012), for the administration 
of the regularly scheduled general 
election for Federal office held in No-
vember 2016; and 
‘‘(II) which will continue to use 
such printers or systems for the ad-
ministration of elections for Federal 
office held in years before 2020. 
‘‘(iii) MANDATORY
AVAILABILITY
OF 
PAPER
BALLOTS
AT
POLLING
PLACES 
USING
GRANDFATHERED
PRINTERS
AND 
SYSTEMS.— 
‘‘(I) REQUIRING BALLOTS TO BE 
OFFERED
AND
PROVIDED.—The ap-
propriate election official at each poll-
ing place that uses a printer or sys-
tem described in clause (ii)(I) for the 
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administration of elections for Federal 
office shall offer each individual who 
is eligible to cast a vote in the election 
at the polling place the opportunity to 
cast the vote using a blank pre-print-
ed paper ballot which the individual 
may mark by hand and which is not 
produced by the direct recording elec-
tronic voting machine or other such 
system. The official shall provide the 
individual with the ballot and the sup-
plies necessary to mark the ballot, and 
shall ensure (to the greatest extent 
practicable) that the waiting period 
for the individual to cast a vote is the 
lesser of 30 minutes or the average 
waiting period for an individual who 
does not agree to cast the vote using 
such a paper ballot under this clause. 
‘‘(II) TREATMENT OF BALLOT.— 
Any paper ballot which is cast by an 
individual under this clause shall be 
counted and otherwise treated as a 
regular ballot for all purposes (includ-
ing by incorporating it into the final 
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144 
unofficial vote count (as defined by 
the State) for the precinct) and not as 
a provisional ballot, unless the indi-
vidual casting the ballot would have 
otherwise been required to cast a pro-
visional ballot. 
‘‘(III) POSTING
OF
NOTICE.— 
The appropriate election official shall 
ensure there is prominently displayed 
at each polling place a notice that de-
scribes the obligation of the official to 
offer individuals the opportunity to 
cast votes using a pre-printed blank 
paper ballot. 
‘‘(IV) TRAINING
OF
ELECTION 
OFFICIALS.—The chief State election 
official shall ensure that election offi-
cials at polling places in the State are 
aware of the requirements of this 
clause, including the requirement to 
display a notice under subclause (III), 
and are aware that it is a violation of 
the requirements of this title for an 
election official to fail to offer an indi-
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145 
vidual the opportunity to cast a vote 
using a blank pre-printed paper ballot. 
‘‘(V) 
PERIOD
OF
APPLICA-
BILITY.—The requirements of this 
clause apply only during the period in 
which the delay is in effect under 
clause (i). 
‘‘(C) SPECIAL
RULE
FOR
JURISDICTIONS 
USING
CERTAIN
NONTABULATING
BALLOT 
MARKING DEVICES.—In the case of a jurisdic-
tion which uses a nontabulating ballot marking 
device which automatically deposits the ballot 
into a privacy sleeve, subparagraph (A) shall 
apply to a voting system in the jurisdiction as 
if the reference in such subparagraph to ‘any 
election for Federal office held in 2018 or any 
succeeding year’ were a reference to ‘elections 
for Federal office occurring held in 2020 or 
each succeeding year’, but only with respect to 
paragraph (3)(B)(ii)(II) of subsection (a) (re-
lating to nonmanual casting of the durable 
paper ballot).’’. 
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Subtitle B—Requirement for Man-
datory Manual Audits by Hand 
Count 
SEC. 611. MANDATORY MANUAL AUDITS. 
Title III of the Help America Vote Act of 2002 (42 
U.S.C. 15481 et seq.) is amended by adding at the end 
the following new subtitle: 
‘‘Subtitle C—Mandatory Manual 
Audits 
‘‘SEC. 321. REQUIRING AUDITS OF RESULTS OF ELECTIONS. 
‘‘(a) REQUIRING AUDITS.— 
‘‘(1) IN
GENERAL.—In accordance with this 
subtitle, each State shall administer, without ad-
vance notice to the precincts or alternative audit 
units selected, audits of the results of all elections 
for Federal office held in the State (and, at the op-
tion of the State or jurisdiction involved, of elections 
for State and local office held at the same time as 
such election) consisting of random hand counts of 
the voter-verified paper ballots required to be used 
and preserved pursuant to section 301(a)(2). 
‘‘(2) EXCEPTION FOR CERTAIN ELECTIONS.—A 
State shall not be required to administer an audit of 
the results of an election for Federal office under 
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147 
this subtitle if the winning candidate in the elec-
tion— 
‘‘(A) had no opposition on the ballot; or 
‘‘(B) received 80 percent or more of the 
total number of votes cast in the election, as de-
termined on the basis of the final unofficial vote 
count. 
‘‘(b) DETERMINATION OF ENTITY CONDUCTING AU-
DITS; APPLICATION
OF GAO INDEPENDENCE STAND-
ARDS.—The State shall administer audits under this sub-
title through an entity selected for such purpose by the 
State in accordance with such criteria as the State con-
siders appropriate consistent with the requirements of this 
subtitle, except that the entity must meet the general 
standards established by the Comptroller General and as 
set forth in the Comptroller General’s Government Audit-
ing Standards to ensure the independence (including, ex-
cept as provided under section 323(b), the organizational 
independence) of entities performing financial audits, at-
testation engagements, and performance audits. 
‘‘(c) REFERENCES TO ELECTION AUDITOR.—In this 
subtitle, the term ‘Election Auditor’ means, with respect 
to a State, the entity selected by the State under sub-
section (b). 
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‘‘SEC. 322. NUMBER OF BALLOTS COUNTED UNDER AUDIT. 
‘‘(a) IN GENERAL.—Except as provided in subsection 
(b), the number of voter-verified paper ballots which will 
be subject to a hand count administered by the Election 
Auditor of a State under this subtitle with respect to an 
election shall be determined as follows: 
‘‘(1) In the event that the unofficial count as 
described in section 323(a)(1) reveals that the mar-
gin of victory between the two candidates receiving 
the largest number of votes in the election is less 
than 1 percent of the total votes cast in that elec-
tion, the hand counts of the voter-verified paper bal-
lots shall occur in at least 10 percent of all precincts 
or equivalent locations (or alternative audit units 
used in accordance with the method provided for 
under subsection (b)) in the Congressional district 
involved (in the case of an election for the House of 
Representatives) or the State (in the case of any 
other election for Federal office). 
‘‘(2) In the event that the unofficial count as 
described in section 323(a)(1) reveals that the mar-
gin of victory between the two candidates receiving 
the largest number of votes in the election is greater 
than or equal to 1 percent but less than 2 percent 
of the total votes cast in that election, the hand 
counts of the voter-verified paper ballots shall occur 
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149 
in at least 5 percent of all precincts or equivalent lo-
cations (or alternative audit units used in accord-
ance with the method provided for under subsection 
(b)) in the Congressional district involved (in the 
case of an election for the House of Representatives) 
or the State (in the case of any other election for 
Federal office). 
‘‘(3) In the event that the unofficial count as 
described in section 323(a)(1) reveals that the mar-
gin of victory between the two candidates receiving 
the largest number of votes in the election is equal 
to or greater than 2 percent of the total votes cast 
in that election, the hand counts of the voter-verified 
paper ballots shall occur in at least 3 percent of all 
precincts or equivalent locations (or alternative audit 
units used in accordance with the method provided 
for under subsection (b)) in the Congressional dis-
trict involved (in the case of an election for the 
House of Representatives) or the State (in the case 
of any other election for Federal office). 
‘‘(b) USE OF ALTERNATIVE MECHANISM.— 
‘‘(1) PERMITTING USE OF ALTERNATIVE MECH-
ANISM.—Notwithstanding subsection (a), a State 
may adopt and apply an alternative mechanism to 
determine the number of voter-verified paper ballots 
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150 
which will be subject to the hand counts required 
under this subtitle with respect to an election, so 
long as the alternative mechanism uses the voter- 
verified paper ballots to conduct the audit and the 
National Institute of Standards and Technology de-
termines that the alternative mechanism is in ac-
cordance with the principles set forth in paragraph 
(2). 
‘‘(2) PRINCIPLES FOR APPROVAL.—In approv-
ing an alternative mechanism under paragraph (1), 
the National Institute of Standards and Technology 
shall ensure that the audit procedure will have the 
property that for each election— 
‘‘(A) the alternative mechanism will be at 
least as statistically effective in ensuring the ac-
curacy of the election results as the procedures 
under this subtitle; or 
‘‘(B) 
the 
alternative 
mechanism 
will 
achieve at least a 95% confidence interval (as 
determined in accordance with criteria set forth 
by the National Institute of Standards and 
Technology) with respect to the outcome of the 
election. 
‘‘(3) DEADLINE FOR RESPONSE.—The Director 
of the National Institute of Standards and Tech-
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151 
nology shall make a determination regarding a 
State’s request to approve an alternative mechanism 
under paragraph (1) not later than 30 days after re-
ceiving the State’s request. 
‘‘SEC. 323. PROCESS FOR ADMINISTERING AUDITS. 
‘‘(a) IN GENERAL.—The Election Auditor of a State 
shall administer an audit under this section of the results 
of an election in accordance with the following procedures: 
‘‘(1) Within 24 hours after the State announces 
the final unofficial vote count (as defined by the 
State) in each precinct in the State, the Election 
Auditor shall— 
‘‘(A) determine and then announce the 
precincts or equivalent locations (or alternative 
audit units used in accordance with the method 
provided under section 322(b)) in the State in 
which it will administer the audits; and 
‘‘(B) with respect to votes cast at the pre-
cinct or equivalent location on or before the 
date of the election (other than provisional bal-
lots described in paragraph (2)), begin to ad-
minister the hand count of the votes on the 
voter-verified paper ballots required to be used 
and preserved under section 301(a)(2)(A) and 
the comparison of the count of the votes on 
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152 
those ballots with the final unofficial count of 
such votes as announced by the State. 
‘‘(2) With respect to votes cast other than at 
the precinct on the date of the election (other than 
votes cast before the date of the election described 
in paragraph (2)) or votes cast by provisional ballot 
on the date of the election which are certified and 
counted by the State on or after the date of the elec-
tion, including votes cast by absent uniformed serv-
ices voters and overseas voters under the Uniformed 
and Overseas Citizens Absentee Voting Act, the 
Election Auditor shall administer the hand count of 
the votes on the applicable voter-verified paper bal-
lots required to be produced and preserved under 
section 301(a)(2)(A) and the comparison of the 
count of the votes on those ballots with the final un-
official count of such votes as announced by the 
State. 
‘‘(b) USE OF PERSONNEL.—In administering the au-
dits, the Election Auditor may utilize the services of the 
personnel of the State or jurisdiction, including election 
administration personnel and poll workers, without regard 
to whether or not the personnel have professional auditing 
experience. 
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‘‘(c) LOCATION.—The Election Auditor shall admin-
ister an audit of an election— 
‘‘(1) at the location where the ballots cast in 
the election are stored and counted after the date of 
the election or such other appropriate and secure lo-
cation agreed upon by the Election Auditor and the 
individual that is responsible under State law for the 
custody of the ballots; and 
‘‘(2) in the presence of the personnel who under 
State law are responsible for the custody of the bal-
lots. 
‘‘(d) SPECIAL RULE IN CASE OF DELAY IN REPORT-
ING ABSENTEE VOTE COUNT.—In the case of a State in 
which the final count of absentee and provisional votes is 
not announced until after the date of the election, the 
Election Auditor shall initiate the process described in 
subsection (a) for administering the audit not later than 
24 hours after the State announces the final unofficial 
vote count for the votes cast at the precinct or equivalent 
location on or before the date of the election, and shall 
initiate the administration of the audit of the absentee and 
provisional votes pursuant to subsection (a)(2) not later 
than 24 hours after the State announces the final unoffi-
cial count of such votes. 
‘‘(e) ADDITIONAL AUDITS IF CAUSE SHOWN.— 
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‘‘(1) IN
GENERAL.—If the Election Auditor 
finds that any of the hand counts administered 
under this section do not match the final unofficial 
tally of the results of an election, the Election Audi-
tor shall administer hand counts under this section 
of such additional precincts (or alternative audit 
units) as the Election Auditor considers appropriate 
to resolve any concerns resulting from the audit and 
ensure the accuracy of the election results. 
‘‘(2) ESTABLISHMENT
AND
PUBLICATION
OF 
PROCEDURES
GOVERNING
ADDITIONAL
AUDITS.— 
Not later than August 1, 2017, each State shall es-
tablish and publish procedures for carrying out the 
additional audits under this subsection, including the 
means by which the State shall resolve any concerns 
resulting from the audit with finality and ensure the 
accuracy of the election results. 
‘‘(f) PUBLIC OBSERVATION OF AUDITS.—Each audit 
conducted under this section shall be conducted in a man-
ner that allows public observation of the entire process. 
‘‘SEC. 324. SELECTION OF PRECINCTS. 
‘‘(a) IN GENERAL.—Except as provided in subsection 
(c), the selection of the precincts or alternative audit units 
in the State in which the Election Auditor of the State 
shall administer the hand counts under this subtitle shall 
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be made by the Election Auditor on a random basis, in 
accordance with procedures adopted by the National Insti-
tute of Standards and Technology, except that at least one 
precinct shall be selected at random in each county, with 
additional precincts selected by the Election Auditor at the 
Auditor’s discretion. 
‘‘(b) PUBLIC SELECTION.—The random selection of 
precincts under subsection (a) shall be conducted in pub-
lic, at a time and place announced in advance. 
‘‘(c) MANDATORY SELECTION OF PRECINCTS ESTAB-
LISHED SPECIFICALLY FOR ABSENTEE BALLOTS.—If a 
State does not sort absentee ballots by precinct and in-
clude those ballots in the hand count with respect to that 
precinct, the State shall create absentee ballot precincts 
or audit units which are of similar size to the average pre-
cinct or audit unit in the jurisdiction being audited, and 
shall include those absentee precincts or audit units 
among the precincts in the State in which the Election 
Auditor shall administer the hand counts under this sub-
title. 
‘‘(d) DEADLINE FOR ADOPTION OF PROCEDURES BY 
COMMISSION.—The National Institute of Standards and 
Technology shall adopt the procedures described in sub-
section (a) not later than March 31, 2017, and shall pub-
lish them in the Federal Register upon adoption. 
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‘‘SEC. 325. PUBLICATION OF RESULTS. 
‘‘(a) SUBMISSION TO COMMISSION.—As soon as prac-
ticable after the completion of an audit under this subtitle, 
the Election Auditor of a State shall submit to the Com-
mission the results of the audit, and shall include in the 
submission a comparison of the results of the election in 
the precinct as determined by the Election Auditor under 
the audit and the final unofficial vote count in the precinct 
as announced by the State and all undervotes, overvotes, 
blank ballots, and spoiled, voided, or cancelled ballots, as 
well as a list of any discrepancies discovered between the 
initial, subsequent, and final hand counts administered by 
the Election Auditor and such final unofficial vote count 
and any explanation for such discrepancies, broken down 
by the categories of votes described in paragraphs (1)(B) 
and (2) of section 323(a). 
‘‘(b) PUBLICATION
BY COMMISSION.—Immediately 
after receiving the submission of the results of an audit 
from the Election Auditor of a State under subsection (a), 
the Commission shall publicly announce and publish the 
information contained in the submission. 
‘‘(c) DELAY
IN CERTIFICATION
OF RESULTS
BY 
STATE.— 
‘‘(1) PROHIBITING CERTIFICATION UNTIL COM-
PLETION OF AUDITS.—No State may certify the re-
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sults of any election which is subject to an audit 
under this subtitle prior to— 
‘‘(A) to the completion of the audit (and, 
if required, any additional audit conducted 
under section 323(e)(1)) and the announcement 
and submission of the results of each such audit 
to the Commission for publication of the infor-
mation required under this section; and 
‘‘(B) the completion of any procedure es-
tablished by the State pursuant to section 
323(e)(2) to resolve discrepancies and ensure 
the accuracy of results. 
‘‘(2) DEADLINE FOR COMPLETION OF AUDITS 
OF PRESIDENTIAL ELECTIONS.—In the case of an 
election for electors for President and Vice President 
which is subject to an audit under this subtitle, the 
State shall complete the audits and announce and 
submit the results to the Commission for publication 
of the information required under this section in 
time for the State to certify the results of the elec-
tion and provide for the final determination of any 
controversy or contest concerning the appointment 
of such electors prior to the deadline described in 
section 6 of title 3, United States Code. 
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‘‘SEC. 326. PAYMENTS TO STATES. 
‘‘(a) PAYMENTS FOR COSTS OF CONDUCTING AU-
DITS.—In accordance with the requirements and proce-
dures of this section, the Commission shall make a pay-
ment to a State to cover the costs incurred by the State 
in carrying out this subtitle with respect to the elections 
that are the subject of the audits conducted under this 
subtitle. 
‘‘(b) CERTIFICATION OF COMPLIANCE AND ANTICI-
PATED COSTS.— 
‘‘(1) CERTIFICATION REQUIRED.—In order to 
receive a payment under this section, a State shall 
submit to the Commission, in such form as the Com-
mission may require, a statement containing— 
‘‘(A) a certification that the State will con-
duct the audits required under this subtitle in 
accordance with all of the requirements of this 
subtitle; 
‘‘(B) a notice of the reasonable costs in-
curred or the reasonable costs anticipated to be 
incurred by the State in carrying out this sub-
title with respect to the elections involved; and 
‘‘(C) such other information and assur-
ances as the Commission may require. 
‘‘(2) AMOUNT OF PAYMENT.—The amount of a 
payment made to a State under this section shall be 
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equal to the reasonable costs incurred or the reason-
able costs anticipated to be incurred by the State in 
carrying out this subtitle with respect to the elec-
tions involved, as set forth in the statement sub-
mitted under paragraph (1). 
‘‘(3) TIMING OF NOTICE.—The State may not 
submit a notice under paragraph (1) until can-
didates have been selected to appear on the ballot 
for all of the elections for Federal office which will 
be the subject of the audits involved. 
‘‘(c) TIMING OF PAYMENTS.—The Commission shall 
make the payment required under this section to a State 
not later than 30 days after receiving the notice submitted 
by the State under subsection (b). 
‘‘(d) RECOUPMENT OF OVERPAYMENTS.—No pay-
ment may be made to a State under this section unless 
the State agrees to repay to the Commission the excess 
(if any) of— 
‘‘(1) the amount of the payment received by the 
State under this section with respect to the elections 
involved; over 
‘‘(2) the actual costs incurred by the State in 
carrying out this subtitle with respect to the elec-
tions involved. 
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‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Commission for 
fiscal year 2018 and each succeeding fiscal year 
$100,000,000 for payments under this section. 
‘‘SEC. 327. EXCEPTION FOR ELECTIONS SUBJECT TO RE-
COUNT UNDER STATE LAW PRIOR TO CER-
TIFICATION. 
‘‘(a) EXCEPTION.—This subtitle does not apply to 
any election for which a recount under State law will com-
mence prior to the certification of the results of the elec-
tion, including but not limited to a recount required auto-
matically because of the margin of victory between the 2 
candidates receiving the largest number of votes in the 
election, but only if each of the following applies to the 
recount: 
‘‘(1) The recount commences prior to the deter-
mination and announcement by the Election Auditor 
under section 323(a)(1) of the precincts in the State 
in which it will administer the audits under this sub-
title. 
‘‘(2) If the recount would apply to fewer than 
100 percent of the ballots cast in the election— 
‘‘(A) the number of ballots counted will be 
at least as many as would be counted if an 
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audit were conducted with respect to the elec-
tion in accordance with this subtitle; and 
‘‘(B) the selection of the precincts in which 
the recount will be conducted will be made in 
accordance with the random selection proce-
dures applicable under section 324. 
‘‘(3) The recount for the election meets the re-
quirements of section 323(f) (relating to public ob-
servation). 
‘‘(4) The State meets the requirements of sec-
tion 325 (relating to the publication of results and 
the delay in the certification of results) with respect 
to the recount. 
‘‘(b) CLARIFICATION OF EFFECT ON OTHER RE-
QUIREMENTS.—Nothing in this section may be construed 
to waive the application of any other provision of this Act 
to any election (including the requirement set forth in sec-
tion 301(a)(2) that the voter verified paper ballots serve 
as the vote of record and shall be counted by hand in all 
audits and recounts, including audits and recounts de-
scribed in this subtitle). 
‘‘SEC. 328. EFFECTIVE DATE. 
‘‘This subtitle shall apply with respect to elections for 
Federal office held in 2018 or any succeeding year.’’. 
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SEC. 612. AVAILABILITY OF ENFORCEMENT UNDER HELP 
AMERICA VOTE ACT OF 2002. 
Section 401 of the Help America Vote Act of 2002 
(42 U.S.C. 15511) is amended by striking the period at 
the end and inserting the following: ‘‘, or the requirements 
of subtitle C of title III.’’. 
SEC. 613. GUIDANCE ON BEST PRACTICES FOR ALTER-
NATIVE AUDIT MECHANISMS. 
(a) IN GENERAL.—Not later than May 1, 2017, the 
Director of the National Institute for Standards and Tech-
nology shall establish guidance for States that wish to es-
tablish alternative audit mechanisms under section 322(b) 
of the Help America Vote Act of 2002 (as added by section 
611). Such guidance shall be based upon scientifically and 
statistically reasonable assumptions for the purpose of cre-
ating an alternative audit mechanism that will be con-
sistent with the principles for approval described in section 
322(b)(2) of such Act (as so added). 
(b) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to carry out subsection 
(a) $100,000, to remain available until expended. 
SEC. 614. CLERICAL AMENDMENT. 
The table of contents of the Help America Vote Act 
of 2002 is amended by adding at the end of the items 
relating to title III the following: 
‘‘Subtitle C—Mandatory Manual Audits 
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‘‘Sec. 321. Requiring audits of results of elections. 
‘‘Sec. 322. Number of ballots counted under audit. 
‘‘Sec. 323. Process for administering audits. 
‘‘Sec. 324. Selection of precincts. 
‘‘Sec. 325. Publication of results. 
‘‘Sec. 326. Payments to States. 
‘‘Sec. 327. Exception for elections subject to recount under State law prior to 
certification. 
‘‘Sec. 328. Effective date.’’. 
TITLE VII—PROVISIONAL 
BALLOTS 
SEC. 701. REQUIREMENTS FOR COUNTING PROVISIONAL 
BALLOTS; ESTABLISHMENT OF UNIFORM AND 
NONDISCRIMINATORY STANDARDS. 
(a) IN GENERAL.—Section 302 of the Help America 
Vote Act of 2002 (42 U.S.C. 15482) is amended— 
(1) by redesignating subsection (d) as sub-
section (f); and 
(2) by inserting after subsection (c) the fol-
lowing new subsections: 
‘‘(d) STATEWIDE COUNTING OF PROVISIONAL BAL-
LOTS.— 
‘‘(1) IN GENERAL.—For purposes of subsection 
(a)(4), notwithstanding the precinct or polling place 
at which a provisional ballot is cast within the State, 
the appropriate election official shall count each vote 
on such ballot for each election in which the indi-
vidual who cast such ballot is eligible to vote. 
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‘‘(2) EFFECTIVE DATE.—This subsection shall 
apply with respect to elections held on or after Janu-
ary 1, 2013. 
‘‘(e) UNIFORM
AND NONDISCRIMINATORY STAND-
ARDS.— 
‘‘(1) IN
GENERAL.—Consistent with the re-
quirements of this section, each State shall establish 
uniform and nondiscriminatory standards for the 
issuance, handling, and counting of provisional bal-
lots. 
‘‘(2) EFFECTIVE DATE.—This subsection shall 
apply with respect to elections held on or after Janu-
ary 1, 2013.’’. 
(b) CONFORMING AMENDMENT.—Section 302(f) of 
such Act (42 U.S.C. 15482(f)), as redesignated by sub-
section (a), is amended by striking ‘‘Each State’’ and in-
serting ‘‘Except as provided in subsections (d)(2) and 
(e)(2), each State’’. 
TITLE VIII—EARLY VOTING AND 
VOTING BY MAIL 
SEC. 801. EARLY VOTING AND VOTING BY MAIL. 
(a) REQUIREMENTS.—Subtitle A of title III of the 
Help America Vote Act of 2002 (42 U.S.C. 15481 et seq.), 
as amended by section 114(a) and section 201(a), is 
amended— 
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(1) by redesignating sections 306 and 307 as 
sections 308 and 309; and 
(2) by inserting after section 305 the following 
new sections: 
‘‘SEC. 306. EARLY VOTING. 
‘‘(a) IN GENERAL.—Each State shall allow individ-
uals to vote in an election for Federal office not less than 
15 days prior to the day scheduled for such election in 
the same manner as voting is allowed on such day. 
‘‘(b) MINIMUM EARLY VOTING REQUIREMENTS.— 
Each polling place which allows voting prior to the day 
of a Federal election pursuant to subsection (a) shall— 
‘‘(1) allow such voting for no less than 4 hours 
on each day (other than Sunday); and 
‘‘(2) have uniform hours each day for which 
such voting occurs. 
‘‘(c) LOCATION OF POLLING PLACES NEAR PUBLIC 
TRANSPORTATION.—To the greatest extent practicable, a 
State shall ensure that each polling place which allows vot-
ing prior to the day of a Federal election pursuant to sub-
section (a) is located within walking distance of a stop on 
a public transportation route. 
‘‘(d) STANDARDS.— 
‘‘(1) IN GENERAL.—The Commission shall issue 
standards for the administration of voting prior to 
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the day scheduled for a Federal election. Such 
standards shall include the nondiscriminatory geo-
graphic placement of polling places at which such 
voting occurs. 
‘‘(2) DEVIATION.—The standards described in 
paragraph (1) shall permit States, upon providing 
adequate public notice, to deviate from any require-
ment in the case of unforeseen circumstances such 
as a natural disaster, terrorist attack, or a change 
in voter turnout. 
‘‘(e) EFFECTIVE DATE.—This section shall apply 
with respect to elections held on or after January 1, 2014. 
‘‘SEC. 307. PROMOTING ABILITY OF VOTERS TO VOTE BY 
MAIL. 
‘‘(a) IN GENERAL.—If an individual in a State is eli-
gible to cast a vote in an election for Federal office, the 
State may not impose any additional conditions or require-
ments on the eligibility of the individual to cast the vote 
in such election by mail, except as required under sub-
section (b) and except to the extent that the State imposes 
a deadline for requesting the ballot and related voting ma-
terials from the appropriate State or local election official 
and for returning the ballot to the appropriate State or 
local election official. 
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‘‘(b) REQUIRING
SIGNATURE
VERIFICATION.—A 
State may not accept and process an absentee ballot sub-
mitted by any individual with respect to an election for 
Federal office unless the State verifies the identification 
of the individual by comparing the individual’s signature 
on the absentee ballot with the individual’s signature on 
the official list of registered voters in the State, in accord-
ance with such procedures as the State may adopt. 
‘‘(c) EFFECTIVE DATE.—This section shall apply 
with respect to elections held on or after January 1, 
2014.’’. 
(b) 
CONFORMING
AMENDMENT
RELATING
TO 
ISSUANCE OF VOLUNTARY GUIDANCE BY ELECTION AS-
SISTANCE COMMISSION.—Section 311(b) of such Act (42 
U.S.C. 15501(b)), as amended by section 201(b), is 
amended— 
(1) by striking ‘‘and’’ at the end of paragraph 
(3); 
(2) by striking the period at the end of para-
graph (4) and inserting a semicolon; and 
(3) by adding at the end the following new 
paragraphs: 
‘‘(5) in the case of the recommendations with 
respect to section 306, June 30, 2013; and 
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‘‘(6) in the case of the recommendations with 
respect to section 307, June 30, 2013.’’. 
(c) CLERICAL AMENDMENT.—The table of contents 
of such Act is amended— 
(1) by redesignating the items relating to sec-
tions 306 and 307 as relating to sections 308 and 
309; and 
(2) by inserting after the item relating to sec-
tion 305 the following new items: 
‘‘Sec. 306. Early voting. 
‘‘Sec. 307. Promoting ability of voters to vote by mail.’’. 
TITLE IX—ABSENT UNIFORMED 
SERVICES 
VOTERS 
AND 
OVERSEAS VOTERS 
SEC. 901. EXTENDING GUARANTEE OF RESIDENCY FOR 
VOTING PURPOSES TO FAMILY MEMBERS OF 
ABSENT MILITARY PERSONNEL. 
Section 705 of the Servicemembers Civil Relief Act 
(50 U.S.C. App. 595) is amended— 
(1) in the heading, by striking ‘‘SPOUSES’’ and 
inserting ‘‘FAMILY MEMBERS’’; and 
(2) by amending subsection (b) to read as fol-
lows: 
‘‘(b) FAMILY MEMBERS.—For the purposes of voting 
for in any election for any Federal office (as defined in 
section 301 of the Federal Election Campaign Act of 1971 
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(2 U.S.C. 431)) or any State or local office, a spouse, do-
mestic partner, or dependent of a person who is absent 
from a State in compliance with military or naval orders 
shall not, solely by reason of that person’s absence and 
without regard to whether or not such family member is 
accompanying that person— 
‘‘(1) be deemed to have lost a residence or 
domicile in that State, without regard to whether or 
not the person intends to return to that State; 
‘‘(2) be deemed to have acquired a residence or 
domicile in any other State; or 
‘‘(3) be deemed to have become a resident in or 
a resident of any other State.’’. 
SEC. 902. PRE-ELECTION REPORTS ON AVAILABILITY AND 
TRANSMISSION OF ABSENTEE BALLOTS. 
Section 102(c) of the Uniformed and Overseas Citi-
zens Absentee Voting Act (42 U.S.C. 1973ff–1(c)) is 
amended to read as follows: 
‘‘(c) REPORTS
ON AVAILABILITY, TRANSMISSION, 
AND RECEIPT OF ABSENTEE BALLOTS.— 
‘‘(1) PRE-ELECTION
REPORT
ON
ABSENTEE 
BALLOT AVAILABILITY.—Not later than 55 days be-
fore any regularly scheduled general election for 
Federal office, each State shall submit a report to 
the Attorney General, the Election Assistance Com-
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mission (hereafter in this subsection referred to as 
the ‘Commission’), and the Presidential Designee, 
and make that report publicly available that same 
day, certifying that absentee ballots for the election 
are or will be available for transmission to absent 
uniformed services voters and overseas voters by not 
later than 45 days before the election. The report 
shall be in a form prescribed jointly by the Attorney 
General and the Commission and shall require the 
State to certify specific information about ballot 
availability from each unit of local government which 
will administer the election. 
‘‘(2) PRE-ELECTION
REPORT
ON
ABSENTEE 
BALLOT TRANSMISSION.—Not later than 43 days be-
fore any regularly scheduled general election for 
Federal office, each State shall submit a report to 
the Attorney General, the Commission, and the 
Presidential Designee, and make that report publicly 
available that same day, certifying whether all ab-
sentee ballots have been transmitted by not later 
than 45 days before the election to all qualified ab-
sent uniformed services and overseas voters whose 
requests were received at least 45 days before the 
election. The report shall be in a form prescribed 
jointly by the Attorney General and the Commission, 
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171 
and shall require the State to certify specific infor-
mation about ballot transmission, including the total 
numbers of ballot requests received and ballots 
transmitted, from each unit of local government 
which will administer the election. 
‘‘(3) POST-ELECTION REPORT ON NUMBER OF 
ABSENTEE
BALLOTS
TRANSMITTED
AND
RE-
CEIVED.—Not later than 90 days after the date of 
each regularly scheduled general election for Federal 
office, each State and unit of local government 
which administered the election shall (through the 
State, in the case of a unit of local government) sub-
mit a report to the Attorney General, the Commis-
sion, and the Presidential Designee on the combined 
number of absentee ballots transmitted to absent 
uniformed services voters and overseas voters for the 
election and the combined number of such ballots 
which were returned by such voters and cast in the 
election, and shall make such report available to the 
general public that same day.’’. 
SEC. 903. ENFORCEMENT. 
(a) AVAILABILITY OF CIVIL PENALTIES AND PRI-
VATE RIGHTS OF ACTION.—Section 105 of the Uniformed 
and Overseas Citizens Absentee Voting Act (42 U.S.C. 
1973ff–4) is amended to read as follows: 
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‘‘SEC. 105. ENFORCEMENT. 
‘‘(a) ACTION BY ATTORNEY GENERAL.— 
‘‘(1) IN GENERAL.—The Attorney General may 
bring civil action in an appropriate district court for 
such declaratory or injunctive relief as may be nec-
essary to carry out this title. 
‘‘(2) PENALTY.—In a civil action brought under 
paragraph (1), if the court finds that the State vio-
lated any provision of this title, it may, to vindicate 
the public interest, assess a civil penalty against the 
State— 
‘‘(A) in an amount not to exceed $110,000 
for each such violation, in the case of a first 
violation; or 
‘‘(B) in an amount not to exceed $220,000 
for each such violation, for any subsequent vio-
lation. 
‘‘(3) REPORT TO CONGRESS.—Not later than 
December 31 of each year, the Attorney General 
shall submit to Congress an annual report on any 
civil action brought under paragraph (1) during the 
preceding year. 
‘‘(b) PRIVATE RIGHT OF ACTION.—A person who is 
aggrieved by a State’s violation of this title may bring a 
civil action in an appropriate district court for such declar-
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atory or injunctive relief as may be necessary to carry out 
this title. 
‘‘(c) STATE AS ONLY NECESSARY DEFENDANT.—In 
any action brought under this section, the only necessary 
party defendant is the State, and it shall not be a defense 
to any such action that a local election official or a unit 
of local government is not named as a defendant, notwith-
standing that a State has exercised the authority described 
in section 576 of the Military and Overseas Voter Em-
powerment Act to delegate to another jurisdiction in the 
State any duty or responsibility which is the subject of 
an action brought under this section.’’. 
(b) EFFECTIVE DATE.—The amendments made by 
this section shall apply with respect to violations alleged 
to have occurred on or after the date of the enactment 
of this Act. 
SEC. 904. REVISIONS TO 45-DAY ABSENTEE BALLOT TRANS-
MISSION RULE. 
(a) REPEAL OF WAIVER AUTHORITY.— 
(1) IN
GENERAL.—Section 102 of the Uni-
formed and Overseas Citizens Absentee Voting Act 
(42 U.S.C. 1973ff–1) is amended by striking sub-
section (g). 
(2) 
CONFORMING
AMENDMENT.—Section 
102(a)(8)(A) of such Act (42 U.S.C. 1973ff– 
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1(a)(8)(A)) is amended by striking ‘‘except as pro-
vided in subsection (g),’’. 
(b) REQUIRING USE OF EXPRESS DELIVERY IN CASE 
OF FAILURE TO MEET REQUIREMENT.—Section 102 of 
such Act (42 U.S.C. 1973ff–1), as amended by subsection 
(a), is amended by inserting after subsection (f) the fol-
lowing new subsection: 
‘‘(g) REQUIRING USE OF EXPRESS DELIVERY IN 
CASE
OF FAILURE TO TRANSMIT BALLOTS WITHIN 
DEADLINES.— 
‘‘(1) TRANSMISSION OF BALLOT BY EXPRESS 
DELIVERY.—If a State fails to meet the requirement 
of subsection (a)(8)(A) to transmit a validly re-
quested absentee ballot to an absent uniformed serv-
ices voter or overseas voter not later than 45 days 
before the election (in the case in which the request 
is received at least 45 days before the election)— 
‘‘(A) the State shall transmit the ballot to 
the voter by express delivery; or 
‘‘(B) in the case of a voter who has des-
ignated that absentee ballots be transmitted 
electronically in accordance with subsection 
(f)(1), the State shall transmit the ballot to the 
voter electronically. 
VerDate Mar 15 2010 
23:27 May 19, 2012
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H5799
ebenthall on DSK5SPTVN1PROD with BILLS