H. R. 3295—36
(b) AVAILABILITY OF FUNDS.—Amounts appropriated pursuant
to the authorization under this section shall remain available, with-
out fiscal year limitation, until expended.
PART 4—PILOT PROGRAM FOR TESTING OF
EQUIPMENT AND TECHNOLOGY
SEC. 281. PILOT PROGRAM.
(a) IN GENERAL.—The Commission shall make grants to carry
out pilot programs under which new technologies in voting systems
and equipment are tested and implemented on a trial basis so
that the results of such tests and trials are reported to Congress.
(b) ELIGIBILITY.—An entity is eligible to receive a grant under
this part if it submits to the Commission (at such time and in
such form as the Commission may require) an application
containing—
(1) certifications that the pilot programs funded with the
grant will take into account the need to make voting equipment
fully accessible for individuals with disabilities, including the
blind and visually impaired, the need to ensure that such
individuals can vote independently and with privacy, and the
need to provide alternative language accessibility for individ-
uals with limited proficiency in the English language (consistent
with the requirements of the Voting Rights Act of 1965 and
the requirements of this Act); and
(2) such other information and certifications as the
Commission may require.
(c) RECOMMENDATION OF TOPICS FOR PILOT PROGRAMS.—
(1) IN GENERAL.—The Director of the National Institute
of Standards and Technology (hereafter in this section referred
to as the ‘‘Director’’) shall submit to the Commission an annual
list of the Director’s suggestions for issues which may be the
subject of pilot programs funded with grants awarded under
this part during the year.
(2) REVIEW OF GRANT APPLICATIONS RECEIVED BY COMMIS-
SION.—The Commission shall submit each application it
receives for a grant under this part to the Director, who shall
review the application and provide the Commission with such
comments as the Director considers appropriate.
(3) MONITORING AND ADJUSTMENT OF GRANT ACTIVITIES AT
REQUEST OF COMMISSION.—After the Commission has awarded
a grant under this part, the Commission may request that
the Director monitor the grant, and (to the extent permitted
under the terms of the grant as awarded) the Director may
recommend to the Commission that the recipient of the grant
modify and adjust the activities carried out under the grant.
(4) EVALUATION OF GRANTS AT REQUEST OF COMMISSION.—
(A) IN GENERAL.—In the case of a grant for which
the Commission submits the application to the Director
under paragraph (2) or requests that the Director monitor
the grant under paragraph (3), the Director shall prepare
and submit to the Commission an evaluation of the grant
and the activities carried out under the grant.
(B) INCLUSION
IN
REPORTS.—The Commission shall
include the evaluations submitted under subparagraph (A)
for a year in the report submitted for the year under
section 207.
H. R. 3295—37
(d) PROVISION OF INFORMATION ON PROJECTS.—The Commission
may provide to the Technical Guidelines Development Committee
under part 3 of subtitle A such information regarding the activities
funded under this part as the Commission deems necessary to
assist the Committee in carrying out its duties.
SEC. 282. REPORT.
(a) IN GENERAL.—Each entity which receives a grant under
this part shall submit to the Commission a report describing the
activities carried out with the funds provided under the grant.
(b) DEADLINE.—An entity shall submit a report required under
subsection (a) not later than 60 days after the end of the fiscal
year for which the entity received the grant which is the subject
of the report.
SEC. 283. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL.—There are authorized to be appropriated for
grants under this part $10,000,000 for fiscal year 2003.
(b) AVAILABILITY OF FUNDS.—Amounts appropriated pursuant
to the authorization under this section shall remain available, with-
out fiscal year limitation, until expended.
PART 5—PROTECTION AND ADVOCACY
SYSTEMS
SEC. 291. PAYMENTS FOR PROTECTION AND ADVOCACY SYSTEMS.
(a) IN GENERAL.—In addition to any other payments made
under this subtitle, the Secretary of Health and Human Services
shall pay the protection and advocacy system (as defined in section
102 of the Developmental Disabilities Assistance and Bill of Rights
Act of 2000 (42 U.S.C. 15002)) of each State to ensure full participa-
tion in the electoral process for individuals with disabilities,
including registering to vote, casting a vote and accessing polling
places. In providing such services, protection and advocacy systems
shall have the same general authorities as they are afforded under
subtitle C of title I of the Developmental Disabilities Assistance
and Bill of Rights Act of 2000 (42 U.S.C. 15041 et seq.).
(b) MINIMUM GRANT AMOUNT.—The minimum amount of each
grant to a protection and advocacy system shall be determined
and allocated as set forth in subsections (c)(3), (c)(4), (c)(5), (e),
and (g) of section 509 of the Rehabilitation Act of 1973 (29 U.S.C.
794e), except that the amount of the grants to systems referred
to in subsections (c)(3)(B) and (c)(4)(B) of that section shall be
not less than $70,000 and $35,000, respectively.
(c) TRAINING AND TECHNICAL ASSISTANCE PROGRAM.—
(1) IN GENERAL.—Not later than 90 days after the date
on which the initial appropriation of funds for a fiscal year
is made pursuant to the authorization under section 292, the
Secretary shall set aside 7 percent of the amount appropriated
under such section and use such portion to make payments
to eligible entities to provide training and technical assistance
with respect to the activities carried out under this section.
(2) USE OF FUNDS.—A recipient of a payment under this
subsection may use the payment to support training in the
use of voting systems and technologies, and to demonstrate
and evaluate the use of such systems and technologies, by
individuals with disabilities (including blindness) in order to
H. R. 3295—38
assess the availability and use of such systems and technologies
for such individuals. At least one of the recipients under this
subsection shall use the payment to provide training and tech-
nical assistance for nonvisual access.
(3) ELIGIBILITY.—An entity is eligible to receive a payment
under this subsection if the entity—
(A) is a public or private nonprofit entity with dem-
onstrated experience in voting issues for individuals with
disabilities;
(B) is governed by a board with respect to which the
majority of its members are individuals with disabilities
or family members of such individuals or individuals who
are blind; and
(C) submits to the Secretary an application at such
time, in such manner, and containing such information
as the Secretary may require.
SEC. 292. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL.—In addition to any other amounts authorized
to be appropriated under this subtitle, there are authorized to
be appropriated $10,000,000 for each of the fiscal years 2003, 2004,
2005, and 2006, and for each subsequent fiscal year such sums
as may be necessary, for the purpose of making payments under
section 291(a); except that none of the funds provided by this
subsection shall be used to initiate or otherwise participate in
any litigation related to election-related disability access, notwith-
standing the general authorities that the protection and advocacy
systems are otherwise afforded under subtitle C of title I of the
Developmental Disabilities Assistance and Bill of Rights Act of
2000 (42 U.S.C. 15041 et seq.).
(b) AVAILABILITY.—Any amounts appropriated pursuant to the
authority of this section shall remain available until expended.
PART 6—NATIONAL STUDENT AND PARENT
MOCK ELECTION
SEC. 295. NATIONAL STUDENT AND PARENT MOCK ELECTION.
(a) IN
GENERAL.—The Election Assistance Commission is
authorized to award grants to the National Student and Parent
Mock Election, a national nonprofit, nonpartisan organization that
works to promote voter participation in American elections to enable
it to carry out voter education activities for students and their
parents. Such activities may—
(1) include simulated national elections at least 5 days
before the actual election that permit participation by students
and parents from each of the 50 States in the United States,
its territories, the District of Columbia, and United States
schools overseas; and
(2) consist of—
(A) school forums and local cable call-in shows on the
national issues to be voted upon in an ‘‘issues forum’’;
(B) speeches and debates before students and parents
by local candidates or stand-ins for such candidates;
(C) quiz team competitions, mock press conferences,
and speech writing competitions;
(D) weekly meetings to follow the course of the cam-
paign; or
H. R. 3295—39
(E) school and neighborhood campaigns to increase
voter turnout, including newsletters, posters, telephone
chains, and transportation.
(b) REQUIREMENT.—The National Student and Parent Mock
Election shall present awards to outstanding student and parent
mock election projects.
SEC. 296. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out the provi-
sions of this subtitle $200,000 for fiscal year 2003 and such sums
as may be necessary for each of the 6 succeeding fiscal years.
TITLE III—UNIFORM AND NONDISCRIM-
INATORY 
ELECTION 
TECHNOLOGY
AND 
ADMINISTRATION 
REQUIRE-
MENTS
Subtitle A—Requirements
SEC. 301. VOTING SYSTEMS STANDARDS.
(a) REQUIREMENTS.—Each voting system used in an election
for Federal office shall meet the following requirements:
(1) IN GENERAL.—
(A) Except as provided in subparagraph (B), the voting
system (including any lever voting system, optical scanning
voting system, or direct recording electronic system) shall—
(i) permit the voter to verify (in a private and
independent manner) the votes selected by the voter
on the ballot before the ballot is cast and counted;
(ii) provide the voter with the opportunity (in a
private and independent manner) to change the ballot
or correct any error before the ballot is cast and
counted (including the opportunity to correct the error
through the issuance of a replacement ballot if the
voter was otherwise unable to change the ballot or
correct any error); and
(iii) if the voter selects votes for more than one
candidate for a single office—
(I) notify the voter that the voter has selected
more than one candidate for a single office on
the ballot;
(II) notify the voter before the ballot is cast
and counted of the effect of casting multiple votes
for the office; and
(III) provide the voter with the opportunity
to correct the ballot before the ballot is cast and
counted.
(B) A State or jurisdiction that uses a paper ballot
voting system, a punch card voting system, or a central
count voting system (including mail-in absentee ballots
and mail-in ballots), may meet the requirements of
subparagraph (A)(iii) by—
H. R. 3295—40
(i) establishing a voter education program specific
to that voting system that notifies each voter of the
effect of casting multiple votes for an office; and
(ii) providing the voter with instructions on how
to correct the ballot before it is cast and counted
(including instructions on how to correct the error
through the issuance of a replacement ballot if the
voter was otherwise unable to change the ballot or
correct any error).
(C) The voting system shall ensure that any notification
required under this paragraph preserves the privacy of
the voter and the confidentiality of the ballot.
(2) AUDIT CAPACITY.—
(A) IN GENERAL.—The voting system shall produce a
record with an audit capacity for such system.
(B) MANUAL AUDIT CAPACITY.—
(i) The voting system shall produce a permanent
paper record with a manual audit capacity for such
system.
(ii) The voting system shall provide the voter with
an opportunity to change the ballot or correct any
error before the permanent paper record is produced.
(iii) The paper record produced under subpara-
graph (A) shall be available as an official record for
any recount conducted with respect to any election
in which the system is used.
(3) ACCESSIBILITY
FOR
INDIVIDUALS
WITH
DISABILITIES.—
The voting system shall—
(A) be accessible for individuals with disabilities,
including nonvisual accessibility for the blind and visually
impaired, in a manner that provides the same opportunity
for access and participation (including privacy and
independence) as for other voters;
(B) satisfy the requirement of subparagraph (A)
through the use of at least one direct recording electronic
voting system or other voting system equipped for individ-
uals with disabilities at each polling place; and
(C) if purchased with funds made available under title
II on or after January 1, 2007, meet the voting system
standards for disability access (as outlined in this para-
graph).
(4) ALTERNATIVE
LANGUAGE
ACCESSIBILITY.—The voting
system shall provide alternative language accessibility pursuant
to the requirements of section 203 of the Voting Rights Act
of 1965 (42 U.S.C. 1973aa–1a).
(5) ERROR RATES.—The error rate of the voting system
in counting ballots (determined by taking into account only
those errors which are attributable to the voting system and
not attributable to an act of the voter) shall comply with the
error rate standards established under section 3.2.1 of the
voting systems standards issued by the Federal Election
Commission which are in effect on the date of the enactment
of this Act.
(6) UNIFORM DEFINITION OF WHAT CONSTITUTES A VOTE.—
Each State shall adopt uniform and nondiscriminatory stand-
ards that define what constitutes a vote and what will be
H. R. 3295—41
counted as a vote for each category of voting system used
in the State.
(b) VOTING SYSTEM DEFINED.—In this section, the term ‘‘voting
system’’ means—
(1) the total combination of mechanical, electromechanical,
or electronic equipment (including the software, firmware, and
documentation required to program, control, and support the
equipment) that is used—
(A) to define ballots;
(B) to cast and count votes;
(C) to report or display election results; and
(D) to maintain and produce any audit trail informa-
tion; and
(2) the practices and associated documentation used—
(A) to identify system components and versions of such
components;
(B) to test the system during its development and
maintenance;
(C) to maintain records of system errors and defects;
(D) to determine specific system changes to be made
to a system after the initial qualification of the system;
and
(E) to make available any materials to the voter (such
as notices, instructions, forms, or paper ballots).
(c) CONSTRUCTION.—
(1) IN GENERAL.—Nothing in this section shall be construed
to prohibit a State or jurisdiction which used a particular
type of voting system in the elections for Federal office held
in November 2000 from using the same type of system after
the effective date of this section, so long as the system meets
or is modified to meet the requirements of this section.
(2) PROTECTION OF PAPER BALLOT VOTING SYSTEMS.—For
purposes of subsection (a)(1)(A)(i), the term ‘‘verify’’ may not
be defined in a manner that makes it impossible for a paper
ballot voting system to meet the requirements of such sub-
section or to be modified to meet such requirements.
(d) EFFECTIVE DATE.—Each State and jurisdiction shall be
required to comply with the requirements of this section on and
after January 1, 2006.
SEC. 302. PROVISIONAL VOTING AND VOTING INFORMATION REQUIRE-
MENTS.
(a) PROVISIONAL
VOTING
REQUIREMENTS.—If an individual
declares that such individual is a registered voter in the jurisdiction
in which the individual desires to vote and that the individual
is eligible to vote in an election for Federal office, but the name
of the individual does not appear on the official list of eligible
voters for the polling place or an election official asserts that the
individual is not eligible to vote, such individual shall be permitted
to cast a provisional ballot as follows:
(1) An election official at the polling place shall notify
the individual that the individual may cast a provisional ballot
in that election.
(2) The individual shall be permitted to cast a provisional
ballot at that polling place upon the execution of a written
affirmation by the individual before an election official at the
polling place stating that the individual is—
H. R. 3295—42
(A) a registered voter in the jurisdiction in which the
individual desires to vote; and
(B) eligible to vote in that election.
(3) An election official at the polling place shall transmit
the ballot cast by the individual or the voter information con-
tained in the written affirmation executed by the individual
under paragraph (2) to an appropriate State or local election
official for prompt verification under paragraph (4).
(4) If the appropriate State or local election official to
whom the ballot or voter information is transmitted under
paragraph (3) determines that the individual is eligible under
State law to vote, the individual’s provisional ballot shall be
counted as a vote in that election in accordance with State
law.
(5)(A) At the time that an individual casts a provisional
ballot, the appropriate State or local election official shall give
the individual written information that states that any indi-
vidual who casts a provisional ballot will be able to ascertain
under the system established under subparagraph (B) whether
the vote was counted, and, if the vote was not counted, the
reason that the vote was not counted.
(B) The appropriate State or local election official shall
establish a free access system (such as a toll-free telephone
number or an Internet website) that any individual who casts
a provisional ballot may access to discover whether the vote
of that individual was counted, and, if the vote was not counted,
the reason that the vote was not counted.
States described in section 4(b) of the National Voter Registration
Act of 1993 (42 U.S.C. 1973gg–2(b)) may meet the requirements
of this subsection using voter registration procedures established
under applicable State law. The appropriate State or local official
shall establish and maintain reasonable procedures necessary to
protect the security, confidentiality, and integrity of personal
information collected, stored, or otherwise used by the free access
system established under paragraph (5)(B). Access to information
about an individual provisional ballot shall be restricted to the
individual who cast the ballot.
(b) VOTING INFORMATION REQUIREMENTS.—
(1) PUBLIC POSTING ON ELECTION DAY.—The appropriate
State or local election official shall cause voting information
to be publicly posted at each polling place on the day of each
election for Federal office.
(2) VOTING
INFORMATION
DEFINED.—In this section, the
term ‘‘voting information’’ means—
(A) a sample version of the ballot that will be used
for that election;
(B) information regarding the date of the election and
the hours during which polling places will be open;
(C) instructions on how to vote, including how to cast
a vote and how to cast a provisional ballot;
(D) instructions for mail-in registrants and first-time
voters under section 303(b);
(E) general information on voting rights under
applicable Federal and State laws, including information
on the right of an individual to cast a provisional ballot
and instructions on how to contact the appropriate officials
if these rights are alleged to have been violated; and
H. R. 3295—43
(F) general information on Federal and State laws
regarding prohibitions on acts of fraud and misrepresenta-
tion.
(c) VOTERS WHO VOTE AFTER THE POLLS CLOSE.—Any indi-
vidual who votes in an election for Federal office as a result of
a Federal or State court order or any other order extending the
time established for closing the polls by a State law in effect
10 days before the date of that election may only vote in that
election by casting a provisional ballot under subsection (a). Any
such ballot cast under the preceding sentence shall be separated
and held apart from other provisional ballots cast by those not
affected by the order.
(d) EFFECTIVE DATE
FOR PROVISIONAL VOTING
AND VOTING
INFORMATION.—Each State and jurisdiction shall be required to
comply with the requirements of this section on and after January
1, 2004.
SEC. 303. COMPUTERIZED STATEWIDE VOTER REGISTRATION LIST
REQUIREMENTS AND REQUIREMENTS FOR VOTERS WHO
REGISTER BY MAIL.
(a) COMPUTERIZED
STATEWIDE
VOTER
REGISTRATION
LIST
REQUIREMENTS.—
(1) IMPLEMENTATION.—
(A) IN GENERAL.—Except as provided in subparagraph
(B), each State, acting through the chief State election
official, shall implement, in a uniform and nondiscrim-
inatory manner, a single, uniform, official, centralized,
interactive computerized statewide voter registration list
defined, maintained, and administered at the State level
that contains the name and registration information of
every legally registered voter in the State and assigns
a unique identifier to each legally registered voter in the
State (in this subsection referred to as the ‘‘computerized
list’’), and includes the following:
(i) The computerized list shall serve as the single
system for storing and managing the official list of
registered voters throughout the State.
(ii) The computerized list contains the name and
registration information of every legally registered
voter in the State.
(iii) Under the computerized list, a unique identi-
fier is assigned to each legally registered voter in the
State.
(iv) The computerized list shall be coordinated with
other agency databases within the State.
(v) Any election official in the State, including
any local election official, may obtain immediate elec-
tronic access to the information contained in the
computerized list.
(vi) All voter registration information obtained by
any local election official in the State shall be electroni-
cally entered into the computerized list on an expedited
basis at the time the information is provided to the
local official.
(vii) The chief State election official shall provide
such support as may be required so that local election
H. R. 3295—44
officials are able to enter information as described
in clause (vi).
(viii) The computerized list shall serve as the offi-
cial voter registration list for the conduct of all elec-
tions for Federal office in the State.
(B) EXCEPTION.—The requirement under subparagraph
(A) 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 Act, there is no voter registration require-
ment for individuals in the State with respect to elections
for Federal office.
(2) COMPUTERIZED LIST MAINTENANCE.—
(A) IN GENERAL.—The appropriate State or local elec-
tion official shall perform list maintenance with respect
to the computerized list on a regular basis as follows:
(i) If an individual is to be removed from the
computerized list, such individual shall be removed
in accordance with the provisions of the National Voter
Registration Act of 1993 (42 U.S.C. 1973gg et seq.),
including subsections (a)(4), (c)(2), (d), and (e) of section
8 of such Act (42 U.S.C. 1973gg–6).
(ii) For purposes of removing names of ineligible
voters from the official list of eligible voters—
(I) under section 8(a)(3)(B) of such Act (42
U.S.C. 1973gg–6(a)(3)(B)), the State shall coordi-
nate the computerized list with State agency
records on felony status; and
(II) by reason of the death of the registrant
under section 8(a)(4)(A) of such Act (42 U.S.C.
1973gg–6(a)(4)(A)), the State shall coordinate the
computerized list with State agency records on
death.
(iii) Notwithstanding the preceding provisions of
this subparagraph, if a State is described in section
4(b) of the National Voter Registration Act of 1993
(42 U.S.C. 1973gg–2(b)), that State shall remove the
names of ineligible voters from the computerized list
in accordance with State law.
(B) CONDUCT.—The list maintenance performed under
subparagraph (A) shall be conducted in a manner that
ensures that—
(i) the name of each registered voter appears in
the computerized list;
(ii) only voters who are not registered or who are
not eligible to vote are removed from the computerized
list; and
(iii) duplicate names are eliminated from the
computerized list.
(3) TECHNOLOGICAL SECURITY OF COMPUTERIZED LIST.—The
appropriate State or local official shall provide adequate techno-
logical security measures to prevent the unauthorized access
to the computerized list established under this section.
(4) MINIMUM STANDARD FOR ACCURACY OF STATE VOTER
REGISTRATION
RECORDS.—The State election system shall
include provisions to ensure that voter registration records
in the State are accurate and are updated regularly, including
the following: