on how individuals may report allegations of 
violations of such prohibition.’’. 
SEC. 303. SEVERABILITY. 
If any provision of this title or any amendment made 
by this title, or the application of a provision to any person 
or circumstance, is held to be unconstitutional, the re-
mainder of this title and the amendments made by this 
title, and the application of the provisions to any person 
or circumstance, shall not be affected by the holding. 
TITLE IV—PROHIBITING 
DECEPTIVE PRACTICES 
SEC. 401. PROHIBITION ON DECEPTIVE PRACTICES IN FED-
ERAL ELECTIONS. 
(a) IN GENERAL.—Chapter 29 of title 18, United 
States Code, as amended by section 141(a) and section 
301(a), is amended by adding at the end the following: 
‘‘§ 614. False election-related information in Federal 
elections 
‘‘(a) A person, including an election official, who in 
any election for Federal office knowingly and willfully de-
prives, defrauds, or attempts to deprive or defraud the 
residents of a State of their free and fair exercise of the 
right to vote by the communication of election-related in-
formation that is known by the person to be materially 
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false, fictitious, or fraudulent shall be fined under this title 
or imprisoned not more than 1 year, or both. 
‘‘(b) As used in this section— 
‘‘(1) the term ‘election for Federal office’ means 
any general, primary, runoff, or special election for 
the office of President, Vice President, presidential 
elector, Member of the Senate, Member of the House 
of Representatives, or Delegate or Resident Commis-
sioner to the Congress; and 
‘‘(2) the term ‘election-related information’ 
means any oral or written communication regard-
ing— 
‘‘(A) the time or place of an election for 
Federal office; 
‘‘(B) criminal penalties associated with 
voting in such an election; 
‘‘(C) an individual’s voter registration sta-
tus or eligibility to vote in such an election; or 
‘‘(D) the explicit endorsement by any per-
son or organization of a candidate in such an 
election.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
for chapter 29 of title 18, United States Code, as amended 
by section 141(b) and section 301(b), is amended by add-
ing at the end the following new item: 
‘‘614. False election-related information in Federal elections.’’. 
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SEC. 402. MODIFICATION OF PENALTY FOR VOTER INTIMI-
DATION. 
Section 594 of title 18, United States Code, is 
amended by striking ‘‘one year’’ and inserting ‘‘5 years’’. 
SEC. 403. SENTENCING GUIDELINES. 
(a) REVIEW AND AMENDMENT.—Not later than 90 
days after the date of enactment of this Act, the United 
States Sentencing Commission, pursuant to its authority 
under section 994 of title 28, United States Code, and 
in accordance with this section, shall review and, if appro-
priate, amend the Federal sentencing guidelines and policy 
statements applicable to persons convicted of any offense 
under any sections of title 18, United States Code, that 
are added or modified by this Act. 
(b) AUTHORIZATION.—The United States Sentencing 
Commission may, for the purposes of the amendments 
made pursuant to this title, amend the Federal sentencing 
guidelines in accordance with the procedures set forth in 
section 21(a) of the Sentencing Act of 1987 (28 U.S.C. 
994 note) as though the authority under that section had 
not expired. 
SEC. 404. REPORTING VIOLATIONS; CORRECTIVE ACTION. 
(a) REPORTING.—Any person may submit a report 
to the Attorney General regarding any violation or possible 
violation of section 594 or section 614 of title 18, United 
States Code (as added by section 401(a)). 
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(b) CORRECTIVE ACTION.— 
(1) IN GENERAL.—Immediately after receiving 
a report under subsection (a), the Attorney General 
shall consider and review the report, and if the At-
torney General determines that there is a reasonable 
basis to find that a violation included in the report 
has occurred, the Attorney General shall— 
(A) undertake all effective measures nec-
essary to provide correct information to voters 
affected by the false information; and 
(B) refer the matter to the appropriate 
Federal and State authorities for criminal pros-
ecution or civil action after the election in-
volved. 
(2) REGULATIONS.—The Attorney General shall 
promulgate regulations regarding the methods and 
means of corrective actions to be taken under para-
graph (1). Such regulations shall be developed in 
consultation with the Election Assistance Commis-
sion, civil rights organizations, voting rights groups, 
State and local election officials, voter protection 
groups, and other interested community organiza-
tions. 
(3) STUDY AND REPORT ON METHODS OF DIS-
SEMINATING CORRECTIVE INFORMATION.— 
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(A) IN GENERAL.—The Attorney General, 
in consultation with the Federal Communica-
tions Commission and the Election Assistance 
Commission, shall conduct a study on the feasi-
bility of providing the corrective information 
under paragraph (1) through public service an-
nouncements, the emergency alert system, or 
other forms of public broadcast. 
(B) REPORT.—Not later than 180 days 
after the date of the enactment of this Act, the 
Attorney General shall submit to Congress a re-
port detailing the results of the study conducted 
under subparagraph (A). 
(4) 
PUBLICIZING
AVAILABILITY
OF
REM-
EDIES.—The Attorney General shall make public 
through the Internet, radio, television, and news-
paper advertisements information on the responsibil-
ities, contact information, and complaint procedures 
applicable under this section. 
(c) REPORTS TO CONGRESS.— 
(1) IN GENERAL.—Not later than 90 days after 
any election with respect to which a report has been 
submitted under subsection (a), the Attorney Gen-
eral shall submit to Congress a report compiling all 
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election, and, if so, how such task force 
was staffed and funded; 
(ix) any referrals of information to 
other Federal, State, or local agencies; and 
(x) any criminal prosecution instituted 
under title 18, United States Code, in con-
nection with such allegations. 
(3) REPORT MADE PUBLIC.—On the date that 
the Attorney General submits the report under para-
graph (1), the Attorney General shall also make the 
report publicly available through the Internet and 
other appropriate means. 
(d) DELEGATION OF DUTIES.— 
(1) USE OF VOTING INTEGRITY TASK FORCE.— 
The Attorney General shall delegate the responsibil-
ities under this section with respect to a particular 
election to a Voting Integrity Task Force established 
by the Attorney General for such purpose. 
(2) COMPOSITION.—A Voting Integrity Task 
Force established under paragraph (1) shall be 
under the direction of the Assistant Attorney Gen-
eral for the Civil Rights Division and the Assistant 
Attorney General for the Criminal Division, acting 
jointly. 
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TITLE V—DEMOCRACY 
RESTORATION 
SEC. 501. RIGHTS OF CITIZENS. 
The right of an individual who is a citizen of the 
United States to vote in any election for Federal office 
shall not be denied or abridged because that individual has 
been convicted of a criminal offense unless such individual 
is serving a felony sentence in a correctional institution 
or facility at the time of the election. 
SEC. 502. ENFORCEMENT. 
(a) ATTORNEY GENERAL.—The Attorney General 
may, in a civil action, obtain such declaratory or injunctive 
relief as is necessary to remedy a violation of this title. 
(b) PRIVATE RIGHT OF ACTION.— 
(1) A person who is aggrieved by a violation of 
this title may provide written notice of the violation 
to the chief election official of the State involved. 
(2) Except as provided in paragraph (3), if the 
violation is not corrected within 90 days after receipt 
of a notice under paragraph (1), or within 20 days 
after receipt of the notice if the violation occurred 
within 120 days before the date of an election for 
Federal office, the aggrieved person may, in a civil 
action, obtain declaratory or injunctive relief with re-
spect to the violation. 
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(3) If the violation occurred within 30 days be-
fore the date of an election for Federal office, the 
aggrieved person need not provide notice to the chief 
election official of the State under paragraph (1) be-
fore bringing a civil action to obtain declaratory or 
injunctive relief with respect to the violation. 
SEC. 503. NOTIFICATION OF RESTORATION OF VOTING 
RIGHTS. 
(a) STATE NOTIFICATION.— 
(1) NOTIFICATION.—On the date determined 
under paragraph (2), each State shall notify in writ-
ing any individual who has been convicted of a 
criminal offense under the law of that State that 
such individual has the right to vote in an election 
for Federal office pursuant to this title and may reg-
ister to vote in any such election. 
(2) DATE OF NOTIFICATION.— 
(A) FELONY CONVICTION.—In the case of 
such an individual who has been convicted of a 
felony, the notification required under para-
graph (1) shall be given on the date on which 
the individual— 
(i) is sentenced to serve only a term 
of probation; or 
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(ii) is released from the custody of 
that State (other than to the custody of 
another State or the Federal Government 
to serve a term of imprisonment for a fel-
ony conviction). 
(B) MISDEMEANOR
CONVICTION.—In the 
case of such an individual who has been con-
victed of a misdemeanor, the notification re-
quired under paragraph (1) shall be given on 
the date on which such individual is sentenced 
by a State court. 
(b) FEDERAL NOTIFICATION.— 
(1) NOTIFICATION.—On the date determined 
under paragraph (2), the Director of the Bureau of 
Prisons shall notify in writing any individual who 
has been convicted of a criminal offense under Fed-
eral law that such individual has the right to vote 
in an election for Federal office pursuant to this 
title and may register to vote in any such election. 
(2) DATE OF NOTIFICATION.— 
(A) FELONY CONVICTION.—In the case of 
such an individual who has been convicted of a 
felony, the notification required under para-
graph (1) shall be given on the date on which 
the individual— 
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(i) is sentenced to serve only a term 
of probation by a court established by an 
Act of Congress; or 
(ii) is released from the custody of the 
Bureau of Prisons (other than to the cus-
tody of a State to serve a term of impris-
onment for a felony conviction). 
(B) MISDEMEANOR
CONVICTION.—In the 
case of such an individual who has been con-
victed of a misdemeanor, the notification re-
quired under paragraph (1) shall be given on 
the date on which such individual is sentenced 
by a State court. 
SEC. 504. DEFINITIONS. 
For purposes of this title: 
(1) CORRECTIONAL
INSTITUTION
OR
FACIL-
ITY.—The term ‘‘correctional institution or facility’’ 
means any prison, penitentiary, jail, or other institu-
tion or facility for the confinement of individuals 
convicted of criminal offenses, whether publicly or 
privately operated, except that such term does not 
include any residential community treatment center 
(or similar public or private facility). 
(2) ELECTION.—The term ‘‘election’’ means— 
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(A) a general, special, primary, or runoff 
election; 
(B) a convention or caucus of a political 
party held to nominate a candidate; 
(C) a primary election held for the selec-
tion of delegates to a national nominating con-
vention of a political party; or 
(D) a primary election held for the expres-
sion of a preference for the nomination of per-
sons for election to the office of President. 
(3) FEDERAL OFFICE.—The term ‘‘Federal of-
fice’’ means the office of President or Vice President 
of the United States, or of Senator or Representa-
tive in, or Delegate or Resident Commissioner to, 
the Congress of the United States. 
(4) PROBATION.—The term ‘‘probation’’ means 
probation, imposed by a Federal, State, or local 
court, with or without a condition on the individual 
involved concerning— 
(A) the individual’s freedom of movement; 
(B) the payment of damages by the indi-
vidual; 
(C) periodic reporting by the individual to 
an officer of the court; or 
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(D) supervision of the individual by an of-
ficer of the court. 
SEC. 505. RELATION TO OTHER LAWS. 
(a) STATE LAWS RELATING TO VOTING RIGHTS.— 
Nothing in this title shall be construed to prohibit the 
States from enacting any State law which affords the right 
to vote in any election for Federal office on terms less 
restrictive than those established by this title. 
(b) CERTAIN FEDERAL ACTS.—The rights and rem-
edies established by this title are in addition to all other 
rights and remedies provided by law, and neither rights 
and remedies established by this title shall supersede, re-
strict, or limit the application of the Voting Rights Act 
of 1965 (52 U.S.C. 10301 et seq.) or the National Voter 
Registration Act (52 U.S.C. 20501). 
SEC. 506. FEDERAL PRISON FUNDS. 
No State, unit of local government, or other person 
may receive or use, to construct or otherwise improve a 
prison, jail, or other place of incarceration, any Federal 
grant amounts unless that person has in effect a program 
under which each individual incarcerated in that person’s 
jurisdiction who is a citizen of the United States is noti-
fied, upon release from such incarceration, of that individ-
ual’s rights under section 501. 
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SEC. 507. EFFECTIVE DATE. 
This title shall apply to citizens of the United States 
voting in any election for Federal office held after the date 
of the enactment of this Act. 
TITLE 
VI—ACCURACY, 
INTEG-
RITY, 
AND 
SECURITY 
OF 
ELECTIONS 
SEC. 600. SHORT TITLE. 
This title may be cited as the ‘‘Voter Confidence and 
Increased Accessibility Act of 2017’’. 
Subtitle A—Promoting Accuracy, 
Integrity, and Security Through 
Voter-Verified Permanent Paper 
Ballot 
SEC. 601. PAPER BALLOT AND MANUAL COUNTING RE-
QUIREMENTS. 
(a) IN GENERAL.—Section 301(a)(2) of the Help 
America Vote Act of 2002 (52 U.S.C. 21081(a)(2)) is 
amended to read as follows: 
‘‘(2) PAPER BALLOT REQUIREMENT.— 
‘‘(A) VOTER-VERIFIED PAPER BALLOTS.— 
‘‘(i) PAPER BALLOT REQUIREMENT.— 
(I) The voting system shall require the use 
of an individual, durable, voter-verified, 
paper ballot of the voter’s vote that shall 
be marked and made available for inspec-
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tion and verification by the voter before 
the voter’s vote is cast and counted, and 
which shall be counted by hand or read by 
an optical character recognition device or 
other counting device. For purposes of this 
subclause, the term ‘individual, durable, 
voter-verified, paper ballot’ means a paper 
ballot marked by the voter by hand or a 
paper ballot marked through the use of a 
nontabulating ballot marking device or sys-
tem, so long as the voter shall have the op-
tion to mark his or her ballot by hand. 
‘‘(II) The voting system shall provide 
the voter with an opportunity to correct 
any error on the paper ballot before the 
permanent voter-verified paper ballot is 
preserved in accordance with clause (ii). 
‘‘(III) The voting system shall not 
preserve the voter-verified paper ballots in 
any manner that makes it possible, at any 
time after the ballot has been cast, to asso-
ciate a voter with the record of the voter’s 
vote without the voter’s consent. 
‘‘(ii) PRESERVATION
AS
OFFICIAL 
RECORD.—The individual, durable, voter- 
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verified, paper ballot used in accordance 
with clause (i) shall constitute the official 
ballot and shall be preserved and used as 
the official ballot for purposes of any re-
count or audit conducted with respect to 
any election for Federal office in which the 
voting system is used. 
‘‘(iii) MANUAL
COUNTING
REQUIRE-
MENTS FOR RECOUNTS AND AUDITS.—(I) 
Each paper ballot used pursuant to clause 
(i) shall be suitable for a manual audit, 
and shall be counted by hand in any re-
count or audit conducted with respect to 
any election for Federal office. 
‘‘(II) In the event of any inconsist-
encies or irregularities between any elec-
tronic vote tallies and the vote tallies de-
termined by counting by hand the indi-
vidual, durable, voter-verified, paper ballots 
used pursuant to clause (i), and subject to 
subparagraph (B), the individual, durable, 
voter-verified, paper ballots shall be the 
true and correct record of the votes cast. 
‘‘(iv) APPLICATION
TO
ALL
BAL-
LOTS.—The requirements of this subpara-
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graph shall apply to all ballots cast in elec-
tions for Federal office, including ballots 
cast by absent uniformed services voters 
and overseas voters under the Uniformed 
and Overseas Citizens Absentee Voting Act 
and other absentee voters. 
‘‘(B) SPECIAL RULE FOR TREATMENT OF 
DISPUTES WHEN PAPER BALLOTS HAVE BEEN 
SHOWN TO BE COMPROMISED.— 
‘‘(i) IN
GENERAL.—In the event 
that— 
‘‘(I) there is any inconsistency 
between any electronic vote tallies and 
the vote tallies determined by count-
ing by hand the individual, durable, 
voter-verified, paper ballots used pur-
suant to subparagraph (A)(i) with re-
spect to any election for Federal of-
fice; and 
‘‘(II) it is demonstrated by clear 
and convincing evidence (as deter-
mined in accordance with the applica-
ble standards in the jurisdiction in-
volved) in any recount, audit, or con-
test of the result of the election that 
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100 
the paper ballots have been com-
promised (by damage or mischief or 
otherwise) and that a sufficient num-
ber of the ballots have been so com-
promised that the result of the elec-
tion could be changed, 
the determination of the appropriate rem-
edy with respect to the election shall be 
made in accordance with applicable State 
law, except that the electronic tally shall 
not be used as the exclusive basis for de-
termining the official certified result. 
‘‘(ii) RULE FOR CONSIDERATION OF 
BALLOTS ASSOCIATED WITH EACH VOTING 
MACHINE.—For purposes of clause (i), 
only the paper ballots deemed com-
promised, if any, shall be considered in the 
calculation of whether or not the result of 
the election could be changed due to the 
compromised paper ballots.’’. 
(b) CONFORMING AMENDMENT CLARIFYING APPLI-
CABILITY OF ALTERNATIVE LANGUAGE ACCESSIBILITY.— 
Section 301(a)(4) of such Act (52 U.S.C. 21081(a)(4)) 
is amended by inserting ‘‘(including the paper ballots re-
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102 
ities, including nonvisual and enhanced visual 
accessibility for the blind and visually impaired, 
and nonmanual and enhanced manual accessi-
bility for the mobility and dexterity impaired, at 
each polling place; and 
‘‘(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.— 
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103 
(1) STUDY
AND
REPORTING.—Subtitle C of 
title II of such Act (52 U.S.C. 21081 et seq.) is 
amended— 
(A) by redesignating section 247 as section 
248; and 
(B) by inserting after section 246 the fol-
lowing new section: 
‘‘SEC. 247. STUDY AND REPORT ON ACCESSIBLE PAPER 
BALLOT VERIFICATION MECHANISMS. 
‘‘(a) STUDY AND REPORT.—The Director of the Na-
tional Science Foundation shall make grants to not fewer 
than 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— 
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104 
‘‘(1) certifications that the entity shall specifi-
cally investigate enhanced methods or devices, in-
cluding non-electronic devices, that will assist such 
individuals and voters in marking voter-verified 
paper ballots and presenting or transmitting the in-
formation printed or marked on such ballots back to 
such individuals and voters, and casting such ballots; 
‘‘(2) a certification that the entity shall com-
plete the activities carried out with the grant not 
later than December 31, 2018; 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. 
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105 
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There 
is authorized to be appropriated to carry out subsection 
(a) $5,000,000, to remain available until expended.’’. 
(2) CLERICAL AMENDMENT.—The table of con-
tents of such Act is amended— 
(A) by redesignating the item relating to 
section 247 as relating to section 248; and 
(B) by inserting after the item relating to 
section 246 the following new item: 
‘‘Sec. 247. Study and report on accessible paper ballot verification mecha-
nisms.’’. 
(c) CLARIFICATION OF ACCESSIBILITY STANDARDS 
UNDER VOLUNTARY VOTING SYSTEM GUIDANCE.—In 
adopting any voluntary guidance under subtitle B of title 
III of the Help America Vote Act with respect to the ac-
cessibility of the paper ballot verification requirements for 
individuals with disabilities, the Election Assistance Com-
mission shall include and apply the same accessibility 
standards applicable under the voluntary guidance adopt-
ed for accessible voting systems under such subtitle. 
(d) PERMITTING USE OF FUNDS FOR PROTECTION 
AND ADVOCACY SYSTEMS TO SUPPORT ACTIONS TO EN-
FORCE ELECTION-RELATED DISABILITY ACCESS.—Sec-
tion 292(a) of the Help America Vote Act of 2002 (52 
U.S.C. 21062(a)) is amended by striking ‘‘; except that’’ 
and all that follows and inserting a period. 
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106 
SEC. 603. DURABILITY AND READABILITY REQUIREMENTS 
FOR BALLOTS. 
Section 301(a) of the Help America Vote Act of 2002 
(52 U.S.C. 21081(a)) is amended by adding at the end 
the following new paragraph: 
‘‘(7) DURABILITY AND READABILITY REQUIRE-
MENTS FOR BALLOTS.— 
‘‘(A) DURABILITY
REQUIREMENTS
FOR 
PAPER BALLOTS.— 
‘‘(i) IN GENERAL.—All voter-verified 
paper ballots required to be used under 
this Act shall be marked or printed on du-
rable paper. 
‘‘(ii) DEFINITION.—For purposes of 
this Act, paper is ‘durable’ if it is capable 
of withstanding multiple counts and re-
counts by hand without compromising the 
fundamental integrity of the ballots, and 
capable 
of 
retaining 
the 
information 
marked or printed on them for the full du-
ration of a retention and preservation pe-
riod of 22 months. 
‘‘(B) READABILITY
REQUIREMENTS
FOR 
PAPER BALLOTS MARKED BY BALLOT MARKING 
DEVICE.—All voter-verified paper ballots com-
pleted by the voter through the use of a ballot 
VerDate Sep 11 2014 
04:02 Jul 06, 2017
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