‘‘(I) provide a preliminary count 
of the total number of absentee ballots 
mailed and received by the official 
during that day, a separate count of 
the number of absentee ballots mailed 
and received with respect to each pre-
cinct under the official’s jurisdiction, 
and a separate count of the number of 
absentee ballots received but rejected 
(separated into categories of the rea-
sons for rejection); 
‘‘(II) under the observation of 
certified tabulation observers admitted 
under subparagraph (F) to the site at 
which the ballots are mailed and re-
ceived (if any), prepare and provide a 
paper copy of a preliminary certifi-
cation of the information described in 
subclause (I); 
‘‘(III) under the observation of 
certified tabulation observers admitted 
under subparagraph (F) to the site (if 
any), display at the site, at a promi-
nent location accessible to the public 
during regular business hours, a 
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paper copy of the preliminary certifi-
cation prepared under subclause (II); 
and 
‘‘(IV) after meeting the require-
ment of subclause (III), seal and se-
cure the ballots in the manner pro-
vided for under applicable State law. 
‘‘(iii) APPLICATION OF GENERAL TAB-
ULATION REQUIREMENTS.—At the close of 
business on the last day on which absentee 
ballots are counted prior to the certifi-
cation of the election, the appropriate elec-
tion official at the site at which absentee 
ballots are received and counted shall meet 
the requirements of subparagraph (A) with 
respect to such ballots (including require-
ments relating to the role of certified tab-
ulation observers) in the same manner as 
an election official at a polling place. 
‘‘(D) TREATMENT OF PROVISIONAL BAL-
LOTS.— 
‘‘(i) PUBLICATION OF SECURITY PRO-
CEDURES.—Prior to the first day on which 
provisional ballots may be cast, the chief 
State election official shall post on the offi-
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cial’s public website the procedures used to 
ensure that provisional ballots cast in elec-
tions for Federal office in the State are se-
cured prior to being counted. 
‘‘(ii) DAILY COUNT OF BALLOTS.—At 
the close of business on the day on which 
the appropriate election official determines 
whether or not provisional ballots cast in 
an election for Federal office will be count-
ed as votes in the election (as described in 
section 302(a)(4)), the official shall— 
‘‘(I) provide a preliminary count 
of the number of such ballots for 
which a determination was made, the 
number of ballots counted, the num-
ber of ballots rejected, and a separate 
count of the number of individuals at 
voting sites who desired to cast ballots 
but were prohibited from casting pro-
visional ballots by the election official 
(separated into categories of the rea-
son for the prohibition); 
‘‘(II) under the observation of 
certified tabulation observers admitted 
under subparagraph (F) to the site at 
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which the determination is made (if 
any), prepare and provide a paper 
copy of a preliminary certification of 
the information described in subclause 
(I); and 
‘‘(III) under the observation of 
certified tabulation observers admitted 
under subparagraph (F) to the site (if 
any), display at the site, at a promi-
nent location accessible to the public 
during regular business hours, a 
paper copy of the preliminary certifi-
cation prepared under subclause (II). 
‘‘(E) REQUIREMENTS IN CASE OF SYSTEM 
FAILURE DURING TABULATION.— 
‘‘(i) IN
GENERAL.—If during the 
course of tabulating the information re-
quired under this paragraph a voting sys-
tem fails or there is otherwise a system 
break or error which prevents the appro-
priate election official from meeting the re-
quirements of subparagraph (A)(i), the of-
ficial shall— 
‘‘(I) under the observation of cer-
tified tabulation observers admitted to 
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the site under subparagraph (F) (if 
any), seal and (in a segregated man-
ner) secure any ballots already count-
ed and any ballots yet to be counted; 
‘‘(II) not later than 12 hours 
after sealing and securing the ballots, 
repair (directly or by contract) the 
system under the observation of such 
observers (if any); and 
‘‘(III) as soon as practicable 
after the system is repaired, resume 
the tabulation of the information and 
meet the other requirements of sub-
paragraph (A). 
‘‘(ii) EFFECT OF CATASTROPHIC FAIL-
URE.—If a voting system fails in a cata-
strophic manner so that it cannot be re-
paired within the deadline referred to in 
clause (i)(II), the ballots cast on the sys-
tem shall be handled and tabulated in the 
manner provided under applicable State 
law. 
‘‘(F) ADMISSION OF CERTIFIED TABULA-
TION OBSERVERS.— 
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‘‘(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 
‘‘(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-
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ber as may be authorized under State 
law. 
‘‘(iii) RESPONSIBILITIES OF ELECTION 
OFFICIALS.—The appropriate election offi-
cial shall provide certified tabulation ob-
servers with assistance and materials nec-
essary to enable the observers to carry out 
their responsibilities under this paragraph, 
including— 
‘‘(I) providing not fewer than 2 
hours of training; 
‘‘(II) providing sample prelimi-
nary certification reports consistent 
with the reports which will be used on 
the date of the election; and 
‘‘(III) furnishing each observer 
with an appropriate badge or other 
identification which may be worn 
while the observer is exercising the ob-
server’s function under this para-
graph. 
‘‘(iv) 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-
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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. 
‘‘(G) MANDATORY
HAND
RECOUNT
IN 
CASE OF UNRESOLVED DISCREPANCY.— 
‘‘(i) RECOUNT IN THE CASE OF UNRE-
SOLVED
DISCREPANCY
REQUIRED
PRIOR 
TO
CERTIFICATION
OF
RESULT.—If the 
chief State election official determines, on 
the basis of information reported under 
subparagraph (A), that there is an unre-
solved discrepancy between the information 
posted on the website of the chief State 
election official and the preliminary certifi-
cation provided to a certified tabulation ob-
server under subparagraph (A) for any 
precinct in which ballots are cast in an 
election, the chief State election official 
may not issue a final certification of the 
results of the election until the appropriate 
election official has completed a hand 
count of the ballots cast in the election in 
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the precinct in which the unresolved dis-
crepancy exists, using the voter-verified 
paper records of votes cast on voting ma-
chines if required by Federal or State law 
or used in the jurisdiction, or (if not) the 
permanent paper records required to be 
produced under paragraph (2). 
‘‘(ii) POSTING
OF
INFORMATION.— 
The chief State election official shall en-
sure that the information obtained during 
the hand count conducted under clause (i), 
including the final certified vote totals, 
shall be displayed on the official public 
websites of the applicable local election of-
ficial and chief State election official using 
the same categories and in the same man-
ner applicable to the information required 
to be displayed with respect to a prelimi-
nary vote count under subparagraph 
(A)(iv). 
‘‘(H) 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 
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discrepancies the official finds in the aggrega-
tion of those totals with other vote totals.’’. 
(b) PAYMENTS TO STATES TO COVER COSTS OF CAR-
RYING OUT TABULATIONS AT CERTAIN POLLING PLACES 
OF VOTES CAST ON OPTICAL SCAN VOTING SYSTEMS.— 
(1) PAYMENTS.—Subtitle D of title II of such 
Act (42 U.S.C. 15321 et seq.) is amended by adding 
at the end the following new part: 
‘‘PART 7—PAYMENTS TO COVER COSTS OF TAB-
ULATIONS OF VOTES CAST ON OPTICAL 
SCAN SYSTEMS 
‘‘SEC. 297. PAYMENTS TO STATES TO COVER COSTS OF CAR-
RYING OUT TABULATIONS AT CERTAIN POLL-
ING PLACES OF VOTES CAST ON OPTICAL 
SCAN VOTING SYSTEMS. 
‘‘(a) PAYMENTS TO STATES.—The Commission shall 
make payments to reimburse eligible States for the costs 
incurred in obtaining and operating the equipment (in-
cluding software) necessary to tabulate at the polling 
places described in subsection (c) the votes cast on any 
optical scan voting systems used at such polling places, 
as required under section 301(a)(7)(A)(i). 
‘‘(b) AMOUNT OF PAYMENT.—The amount of the 
payment made to a State under this part shall be based 
upon the reasonable costs incurred by the State in obtain-
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ing and operating the equipment described in subsection 
(a), as determined on the basis of information provided 
by the State at such time and in such form as the Com-
mission may require. 
‘‘(c) POLLING PLACES DESCRIBED.—A polling place 
is described in this subsection if, with respect to the most 
recent elections for Federal office held in the State prior 
to the enactment of the Vote Tabulation Audit Act of 
2006— 
‘‘(1) the votes cast in the election were cast on 
optical scan voting systems; and 
‘‘(2) the votes cast on such systems were not 
tabulated at the polling place but at a central count 
facility in the State. 
‘‘SEC. 297A. AUTHORIZATION OF APPROPRIATIONS. 
‘‘There are authorized to be appropriated for pay-
ments under this part such sums as may be necessary for 
fiscal year 2008, 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 item relating to subtitle D of title II the fol-
lowing: 
‘‘PART 7—PAYMENTS TO COVER COSTS OF TABULATIONS OF VOTES CAST 
ON OPTICAL SCAN SYSTEMS 
‘‘Sec. 297. Payments to States to cover costs of carrying out tabulations at cer-
tain polling places of votes cast on optical scan voting systems. 
‘‘Sec. 297A. Authorization of appropriations.’’. 
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(c) ADOPTION
OF MODEL POSTING FORMAT
BY 
ELECTION ASSISTANCE COMMISSION.— 
(1) ADOPTION OF MODEL FORMAT.—Part 3 of 
subtitle B of title II of such Act (42 U.S.C. 15361 
et seq.) is amended by adding at the end the fol-
lowing new section: 
‘‘SEC. 223. MODEL FORMAT FOR POSTING TABULATION OF 
VOTES AND AGGREGATE VOTE COUNTS. 
‘‘(a) ADOPTION OF MODEL FORMAT.—In the same 
manner as the Commission adopts the voluntary voting 
system guidelines under section 222, the Commission shall 
adopt a model format for the posting of the tabulation 
of votes and aggregate vote counts which may be used by 
States in meeting the requirements for the tabulation and 
aggregation of vote counts produced by voting systems 
under section 301(a)(7). 
‘‘(b) DEVELOPMENT OF PROPOSED MODEL FORMAT 
BY DEVELOPMENT COMMITTEE.—In addition to the du-
ties described in section 221(b), the Development Com-
mittee shall develop and forward to the Executive Director 
of the Commission a proposed model format for the Com-
mission to adopt under this section.’’. 
(2) CLERICAL AMENDMENT.—The table of con-
tents of such Act is amended by adding at the end 
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of the items relating to part 3 of subtitle B of title 
II the following new item: 
‘‘Sec. 223. Model format for posting tabulation of votes and aggregate vote 
counts.’’. 
(d) EFFECTIVE DATE.—Section 301(d) of such Act 
(42 U.S.C. 15481(d)) is amended by striking ‘‘January 
1, 2006’’ and inserting ‘‘January 1, 2006 (or, in the case 
of the requirements of subsection (a)(7), shall meet such 
requirements with respect to each election for Federal of-
fice held after November 2007)’’. 
Æ 
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