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. 102. 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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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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(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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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, 2013; 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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(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. 103. 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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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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‘‘(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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‘‘(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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‘‘(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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‘‘(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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‘‘(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 
VerDate Mar 15 2010 
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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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‘‘(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-
VerDate Mar 15 2010 
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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, 2012, 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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voter without assistance (other than eyeglasses 
or other personal vision enhancing devices) and 
by a scanner or other device equipped for indi-
viduals with disabilities.’’. 
(b) REQUIRING LABORATORIES TO MEET STAND-
ARDS PROHIBITING CONFLICTS OF INTEREST AS CONDI-
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); 
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‘‘(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 
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. 
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‘‘(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.— 
‘‘(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-
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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— 
‘‘(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. 
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‘‘(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 
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— 
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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 
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, 
2012. 
(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)). 
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(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: 
‘‘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; 
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‘‘(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 
‘‘(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 2012 and 2013, 
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.’’. 
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SEC. 104. 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: 
‘‘(5) For fiscal year 2012, 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 2011, 
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 the regularly sched-
uled general election for Federal office held in 
November 2016, except that any funds provided 
under the authorization made by this subpara-
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graph 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 
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 
2011.— 
‘‘(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 2012 or any fiscal year thereafter, the 
‘’ ‘State allocation percentage’ for a State is the 
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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 
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 2010 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 2010 met only one of 
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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 
301(a)(11)(A), as amended or added by 
the Voter Confidence and Increased Acces-
sibility Act of 2011) 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 
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(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 2011.— 
‘‘(1) IN GENERAL.—Notwithstanding any other 
provision of this part, a State is eligible to receive 
a requirements payment under the authorization 
made by section 257(a)(5) for fiscal year 2012 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 2011, 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 
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‘‘(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 
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 2004 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 2011 or in otherwise upgrading or replacing 
voting systems in a manner consistent with such amend-
VerDate Mar 15 2010 
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ments (so long as the voting systems meet any of the re-
quirements that apply with respect to elections for Federal 
office held in 2016 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-
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 
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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). 
(g) EFFECTIVE DATE.—The amendments made by 
this section shall apply with respect to fiscal years begin-
ning with fiscal year 2012. 
SEC. 105. 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 
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and jurisdiction pursuant to the amendments 
made by title I of the Voter Confidence and In-
creased Accessibility Act of 2011 shall apply 
with respect to voting systems used for the reg-
ularly scheduled general election for Federal of-
fice held in November 2012 and each suc-
ceeding election for Federal office. 
‘‘(B) DELAY
FOR
JURISDICTIONS
USING 
CERTAIN PAPER RECORD PRINTERS OR CERTAIN 
SYSTEMS
USING
OR
PRODUCING
VOTER- 
VERIFIABLE PAPER RECORDS IN 2010.— 
‘‘(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 ‘the regularly scheduled 
general election for Federal office held in 
November 2012 and each succeeding elec-
tion for Federal office’ were a reference to 
‘elections for Federal office occurring dur-
ing 2016 and each succeeding year’, but 
only with respect to the following require-
ments of this section: 
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‘‘(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-
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 2011), for the administration 
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of the regularly scheduled general 
election for Federal office held in No-
vember 2010; and 
‘‘(II) which will continue to use 
such printers or systems for the ad-
ministration of elections for Federal 
office held in years before 2016. 
‘‘(iii) MANDATORY
AVAILABILITY
OF 
PAPER
BALLOTS
AT
POLLING
PLACES 
USING
GRANDFATHERED
PRINTERS
AND 
SYSTEMS.— 
‘‘(I) REQUIRING BALLOTS TO BE 
OFFERED
AND
PROVIDED.—The ap-
propriate election official at each poll-
ing place that uses a printer or sys-
tem described in clause (ii)(I) for the 
administration of elections for Federal 
office shall offer each individual who 
is eligible to cast a vote in the election 
at the polling place the opportunity to 
cast the vote using a blank pre-print-
ed paper ballot which the individual 
may mark by hand and which is not 
produced by the direct recording elec-
tronic voting machine or other such 
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system. The official shall provide the 
individual with the ballot and the sup-
plies necessary to mark the ballot, and 
shall ensure (to the greatest extent 
practicable) that the waiting period 
for the individual to cast a vote is the 
lesser of 30 minutes or the average 
waiting period for an individual who 
does not agree to cast the vote using 
such a paper ballot under this clause. 
‘‘(II) TREATMENT OF BALLOT.— 
Any paper ballot which is cast by an 
individual under this clause shall be 
counted and otherwise treated as a 
regular ballot for all purposes (includ-
ing by incorporating it into the final 
unofficial vote count (as defined by 
the State) for the precinct) and not as 
a provisional ballot, unless the indi-
vidual casting the ballot would have 
otherwise been required to cast a pro-
visional ballot. 
‘‘(III) POSTING
OF
NOTICE.— 
The appropriate election official shall 
ensure there is prominently displayed 
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at each polling place a notice that de-
scribes the obligation of the official to 
offer individuals the opportunity to 
cast votes using a pre-printed blank 
paper ballot. 
‘‘(IV) TRAINING
OF
ELECTION 
OFFICIALS.—The chief State election 
official shall ensure that election offi-
cials at polling places in the State are 
aware of the requirements of this 
clause, including the requirement to 
display a notice under subclause (III), 
and are aware that it is a violation of 
the requirements of this title for an 
election official to fail to offer an indi-
vidual the opportunity to cast a vote 
using a blank pre-printed paper ballot. 
‘‘(V) 
PERIOD
OF
APPLICA-
BILITY.—The requirements of this 
clause apply only during the period in 
which the delay is in effect under 
clause (i). 
‘‘(C) SPECIAL
RULE
FOR
JURISDICTIONS 
USING
CERTAIN
NONTABULATING
BALLOT 
MARKING DEVICES.—In the case of a jurisdic-
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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 ‘the 
regularly scheduled general election for Federal 
office held in November 2012 and each suc-
ceeding election for Federal office’ were a ref-
erence to ‘elections for Federal office occurring 
during 2016 and each succeeding year’, but 
only with respect to paragraph (3)(B)(ii)(II) of 
subsection (a) (relating to nonmanual casting of 
the durable paper ballot).’’. 
TITLE II—ENHANCEMENT OF 
ENFORCEMENT 
SEC. 201. ENHANCEMENT OF ENFORCEMENT OF HELP 
AMERICA VOTE ACT OF 2002. 
Section 401 of the Help America Vote Act of 2002 
(42 U.S.C. 15511) is amended— 
(1) by striking ‘‘The Attorney General’’ and in-
serting ‘‘(a) IN GENERAL.—The Attorney General’’; 
and 
(2) by adding at the end the following new sub-
sections: 
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‘‘(b) FILING OF COMPLAINTS BY AGGRIEVED PER-
SONS.— 
‘‘(1) IN GENERAL.—A person who is aggrieved 
by a violation of section 301, 302, or 303 which has 
occurred, is occurring, or is about to occur may file 
a written, signed, notarized complaint with the At-
torney General describing the violation and request-
ing the Attorney General to take appropriate action 
under this section. The Attorney General shall im-
mediately provide a copy of a complaint filed under 
the previous sentence to the entity responsible for 
administering the State-based administrative com-
plaint procedures described in section 402(a) for the 
State involved. 
‘‘(2) RESPONSE BY ATTORNEY GENERAL.—The 
Attorney General shall respond to each complaint 
filed under paragraph (1), in accordance with proce-
dures established by the Attorney General that re-
quire responses and determinations to be made with-
in the same (or shorter) deadlines which apply to a 
State under the State-based administrative com-
plaint procedures described in section 402(a)(2). 
The Attorney General shall immediately provide a 
copy of the response made under the previous sen-
tence to the entity responsible for administering the 
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State-based administrative complaint procedures de-
scribed in section 402(a) for the State involved. 
‘‘(c) AVAILABILITY
OF PRIVATE RIGHT
OF AC-
TION.—Any person who is authorized to file a complaint 
under subsection (b)(1) (including any individual who 
seeks to enforce the individual’s right to a voter-verified 
paper ballot, the right to have the voter-verified paper bal-
lot counted in accordance with this Act, or any other right 
under subtitle A of title III) may file an action under sec-
tion 1979 of the Revised Statutes of the United States 
(42 U.S.C. 1983) to enforce the uniform and nondiscrim-
inatory election technology and administration require-
ments under sections 301, 302, and 303. 
‘‘(d) NO EFFECT ON STATE PROCEDURES.—Nothing 
in this section may be construed to affect the availability 
of the State-based administrative complaint procedures re-
quired under section 402 to any person filing a complaint 
under this subsection.’’. 
TITLE III—REQUIREMENT FOR 
MANDATORY MANUAL AUDITS 
BY HAND COUNT 
SEC. 301. 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: 
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‘‘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 
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. 
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‘‘(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). 
‘‘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-
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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 
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). 
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‘‘(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 
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-
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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 reported election outcome will 
have at least a 95% chance of being consistent 
with the election outcome that would be ob-
tained by a full recount. 
‘‘(3) DEADLINE FOR RESPONSE.—The Director 
of the National Institute of Standards and Tech-
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: 
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‘‘(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 
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-
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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. 
‘‘(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 
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‘‘(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.— 
‘‘(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 
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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, 2012, 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 
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. 
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‘‘(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, 2012, and shall pub-
lish them in the Federal Register upon adoption. 
‘‘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 
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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-
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 
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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. 
‘‘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 
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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 
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). 
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‘‘(3) TIMING OF NOTICE.—The State may not 
submit a notice under paragraph (1) until can-
didates have been selected to appear on the ballot 
for all of the elections for Federal office which will 
be the subject of the audits involved. 
‘‘(c) TIMING OF PAYMENTS.—The Commission shall 
make the payment required under this section to a State 
not later than 30 days after receiving the notice submitted 
by the State under subsection (b). 
‘‘(d) 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. 
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Commission for 
fiscal year 2012 and each succeeding fiscal year 
$100,000,000 for payments under this section. 
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‘‘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 
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. 
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‘‘(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 beginning with the regularly scheduled gen-
eral elections held in November 2012.’’. 
SEC. 302. AVAILABILITY OF ENFORCEMENT UNDER HELP 
AMERICA VOTE ACT OF 2002. 
Section 401 of such Act (42 U.S.C. 15511), as 
amended by section 201, is amended— 
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(1) in subsection (a), by striking the period at 
the end and inserting the following: ‘‘, or the re-
quirements of subtitle C of title III.’’; 
(2) in subsection (b)(1), by striking ‘‘303’’ and 
inserting ‘‘303, or subtitle C of title III,’’; and 
(3) in subsection (c)— 
(A) by striking ‘‘subtitle A’’ and inserting 
‘‘subtitles A or C’’, and 
(B) by striking the period at the end and 
inserting the following: ‘‘, or the requirements 
of subtitle C of title III.’’. 
SEC. 303. GUIDANCE ON BEST PRACTICES FOR ALTER-
NATIVE AUDIT MECHANISMS. 
(a) IN GENERAL.—Not later than May 1, 2012, 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 
301). 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). 
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(b) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to carry out subsection 
(a) $100,000, to remain available until expended. 
SEC. 304. CLERICAL AMENDMENT. 
The table of contents of such Act is amended by add-
ing at the end of the items relating to title III the fol-
lowing: 
‘‘Subtitle C—Mandatory Manual Audits 
‘‘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 IV—REPEAL OF EXEMP-
TION OF ELECTION ASSIST-
ANCE 
COMMISSION 
FROM 
CERTAIN GOVERNMENT CON-
TRACTING REQUIREMENTS 
SEC. 401. REPEAL OF EXEMPTION OF ELECTION ASSIST-
ANCE COMMISSION FROM CERTAIN GOVERN-
MENT CONTRACTING REQUIREMENTS. 
(a) IN GENERAL.—Section 205 of the Help America 
Vote Act of 2002 (42 U.S.C. 15325) is amended by strik-
ing subsection (e). 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall apply with respect to contracts entered 
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into by the Election Assistance Commission on or after 
the date of the enactment of this Act. 
TITLE V—EFFECTIVE DATE 
SEC. 501. EFFECTIVE DATE. 
Except as otherwise provided, this Act and the 
amendments made by this Act shall apply with respect to 
the regularly scheduled general election for Federal office 
in November 2012 and each succeeding election for Fed-
eral office. 
Æ 
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