I
107TH CONGRESS
1ST SESSION
H. R. 3295
To establish a program to provide funds to States to replace punch card
voting systems, to establish the Election Assistance Commission to assist
in the administration of Federal elections and to otherwise provide assist-
ance with the administration of certain Federal election laws and pro-
grams, to establish minimum election administration standards for States
and units of local government with responsibility for the administration
of Federal elections, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
NOVEMBER 14, 2001
Mr. NEY (for himself, Mr. HOYER, Mr. BLUNT, Mr. FATTAH, Mr. EHLERS,
Mr. PRICE of North Carolina, Mr. MICA, Mr. LANGEVIN, Mr. LINDER,
Mr. HASTINGS of Florida, Mr. DOOLITTLE, Mr. DAVIS of Florida, Mr.
REYNOLDS, Mr. REYES, Mr. BUYER, Ms. EDDIE BERNICE JOHNSON of
Texas, Mr. BOEHLERT, Mr. LEWIS of Georgia, Mr. CASTLE, Mr.
HINOJOSA, Mr. PORTMAN, Mrs. MEEK of Florida, Mr. ENGLISH, Mrs.
THURMAN, Mr. LATOURETTE, Mr. WYNN, Mr. KING, Mr. SPRATT, Mr.
TIBERI, Mr. RUSH, Mr. DIAZ-BALART, Mr. THOMPSON of Mississippi,
Mr. HORN, Ms. MCKINNEY, Mr. HAYES, Mrs. JONES of Ohio, Mr.
COOKSEY, Mr. DINGELL, Mr. WALDEN, Mr. CUMMINGS, Mr. FOLEY, Mr.
ACKERMAN, Mr. GREENWOOD, Ms. BROWN of Florida, Mr. WOLF, Mr.
CARDIN, Mr. BALLENGER, Mr. ANDREWS, Mr. FORBES, Mr. BAIRD, Ms.
HART, Mrs. CAPPS, Mr. LAHOOD, Mr. BARCIA, Mr. FLETCHER, Mr.
CARSON
of Oklahoma, Mr. GRUCCI, Mr. HILL, Mr. AKIN, Mr.
ETHERIDGE, Mr. PLATTS, Mr. CROWLEY, Mr. TERRY, Mr. HOLT, Mr.
MATHESON, Ms. MCCARTHY of Missouri, Mr. MOORE, Mr. PASCRELL,
Mrs. TAUSCHER, Mr. STARK, Mr. POMEROY, Mr. LARSEN of Washington,
Mr. HOEFFEL, Mr. GANSKE, Mr. BROWN of Ohio, Mrs. CLAYTON, Mr.
WELDON of Pennsylvania, and Mr. LEWIS of California) introduced the
following bill; which was referred to the Committee on House Administra-
tion, and in addition to the Committees on the Judiciary, Science, Gov-
ernment Reform, and Armed Services, for a period to be subsequently de-
termined by the Speaker, in each case for consideration of such provisions
as fall within the jurisdiction of the committee concerned
A BILL
To establish a program to provide funds to States to replace
punch card voting systems, to establish the Election As-
sistance Commission to assist in the administration of
Federal elections and to otherwise provide assistance
with the administration of certain Federal election laws
and programs, to establish minimum election administra-
tion standards for States and units of local government
with responsibility for the administration of Federal elec-
tions, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the
‘‘Help America Vote Act of 2001’’.
(b) TABLE OF CONTENTS.—The table of contents for
this Act is as follows:
Sec. 1. Short title; table of contents.
TITLE I—PUNCH CARD VOTING MACHINES
Subtitle A—Replacement of Machines
Sec. 101. Establishment of program.
Sec. 102. Eligibility.
Sec. 103. Amount of payment.
Sec. 104. Audit and repayment of funds.
Sec. 105. Punch card voting system defined.
Subtitle B—Enhancing Performance of Existing Systems
Sec. 111. Establishment of program.
Sec. 112. Eligibility.
Sec. 113. Amount of payment.
Sec. 114. Audit and repayment of funds.
Subtitle C—General Provisions
Sec. 121. Authorization of appropriations.
Sec. 122. Punch card voting system defined.
TITLE II—COMMISSION
Subtitle A—Establishment and General Organization
PART 1—ELECTION ASSISTANCE COMMISSION
Sec. 201. Establishment.
Sec. 202. Duties.
Sec. 203. Membership and appointment.
Sec. 204. Staff.
Sec. 205. Powers.
Sec. 206. Limitation on rulemaking authority.
Sec. 207. Authorization of appropriations.
PART 2—ELECTION ASSISTANCE COMMISSION STANDARDS BOARD AND
BOARD OF ADVISORS
Sec. 211. Establishment.
Sec. 212. Duties.
Sec. 213. Membership of Standards Board.
Sec. 214. Membership of Board of Advisors.
Sec. 215. Powers of boards; no compensation for service.
Sec. 216. Status of boards and members for purposes of claims against board.
Subtitle B—Voluntary Election Standards
Sec. 221. Development of voluntary election standards.
Sec. 222. Technical standards development committee.
Sec. 223. Process for adoption of voluntary standards.
Sec. 224. Certification and testing of voting systems.
Sec. 225. Dissemination of information.
Subtitle C—Election Assistance
PART 1—ELECTION FUND PAYMENTS TO STATES FOR VOTING SYSTEM
IMPROVEMENTS
Sec. 231. Election fund payments to States for voting system improvements.
Sec. 232. Allocation of funds.
Sec. 233. Conditions for receipt of funds.
Sec. 234. Authorization of appropriations.
PART 2—GRANTS FOR RESEARCH ON VOTING TECHNOLOGY IMPROVEMENTS
Sec. 241. Grants for research on voting technology improvements.
Sec. 242. Report.
Sec. 243. Authorization of appropriations.
PART 3—PILOT PROGRAM FOR TESTING OF EQUIPMENT AND TECHNOLOGY
Sec. 251. Pilot program.
Sec. 252. Report.
Sec. 253. Authorization of appropriations.
PART 4—MISCELLANEOUS
Sec. 261. Role of National Institute of Standards and Technology.
Sec. 262. Reports.
Sec. 263. Audit.
TITLE III—HELP AMERICA VOTE COLLEGE PROGRAM
Sec. 301. Establishment of Program.
Sec. 302. Activities under Program.
Sec. 303. Authorization of appropriations.
TITLE IV—HELP AMERICA VOTE FOUNDATION
Sec. 401. Help America Vote Foundation.
TITLE V—MINIMUM STANDARDS FOR STATE ELECTION SYSTEMS
Sec. 501. Minimum standards for State election systems.
Sec. 502. Standards described.
Sec. 503. Enforcement.
Sec. 504. Effective date.
TITLE VI—VOTING RIGHTS OF MILITARY MEMBERS AND
OVERSEAS CITIZENS
Sec. 601. Voting assistance programs.
Sec. 602. Designation of single State office to provide information on registra-
tion and absentee ballots for all voters in State.
Sec. 603. Report on absentee ballots transmitted and received after general
elections.
Sec. 604. Simplification of voter registration and absentee ballot application
procedures for absent uniformed services and overseas voters.
Sec. 605. Additional duties of Presidential designee under Uniformed and Over-
seas Citizens Absentee Voting Act.
TITLE VII—REDUCED POSTAGE RATES FOR OFFICIAL ELECTION
MAIL
Sec. 701. Reduced postage rates for official election mail.
TITLE VIII—TRANSITION PROVISIONS
Subtitle A—Transfer to Commission of Functions Under Certain Laws
Sec. 801. Federal Election Campaign Act of 1971.
Sec. 802. National Voter Registration Act of 1993.
Sec. 803. Transfer of property, records, and personnel.
Sec. 804. Effective date; transition.
Subtitle B—Coverage of Commission Under Certain Laws and Programs
Sec. 811. Treatment of Commission personnel under certain civil service laws.
Sec. 812. Coverage under Inspector General Act of 1978.
TITLE IX—MISCELLANEOUS PROVISIONS
Sec. 901. State defined.
Sec. 902. Miscellaneous provisions to protect integrity of election process.
Sec. 903. No effect on other laws.
SEC. 104. AUDIT AND REPAYMENT OF FUNDS.
(a) AUDIT.—Funds provided under the program
under this subtitle shall be subject to audit by the Admin-
istrator.
(b) REPAYMENT
FOR FAILURE
TO MEET DEAD-
LINES.—If a State or unit of local government (as the case
may be) receiving funds under the program under this
subtitle fails to meet the deadlines applicable to the State
or unit under section 101(c), the State or unit shall pay
to the Administrator an amount equal to the amount of
the funds provided to the State or unit under the program.
SEC. 105. PUNCH CARD VOTING SYSTEM DEFINED.
For purposes of this subtitle, a ‘‘punch card voting
system’’ means any of the following voting systems:
(1) C.E.S.
(2) Datavote.
(3) PBC Counter.
(4) Pollstar.
(5) Punch Card.
(6) Vote Recorder.
(7) Votomatic.
Subtitle B—Enhancing
Performance of Existing Systems
SEC. 111. ESTABLISHMENT OF PROGRAM.
(a) IN GENERAL.—Not later than 30 days after the
date of the enactment of this Act, the Administrator shall
establish a program under which the Administrator shall
make a one-time payment to each eligible State or unit
of local government which used a punch card voting sys-
tem to administer the regularly scheduled general election
for Federal office held in November 2000.
(b) USE OF FUNDS.—A State or unit of local govern-
ment shall use the funds provided under a payment under
this subtitle (either directly or as reimbursement) to make
technical enhancements to the performance of its punch
card voting system (by any arrangement as may be appro-
priate).
(c) DEADLINE.—
(1) IN GENERAL.—A State or unit of local gov-
ernment receiving a payment under the program
under this subtitle shall—
(A) obligate the funds provided for the
uses described in subsection (b) not later than
the date of the regularly scheduled general elec-
tion for Federal office to be held in November
2002; and
(B) ensure that technical enhancements
have been made to the performance of all of the
punch card voting systems under its jurisdiction
in time for the regularly scheduled general elec-
tion for Federal office to be held in November
2004.
(2) WAIVER.—If a State or unit of local govern-
ment provides the Election Assistance Commission
(established under section 201) (not later than the
date of the regularly scheduled general election for
Federal office to be held in November 2002) with a
notice that the State or unit will not meet the dead-
lines described in paragraph (1) and includes in the
notice the reasons for the failure to meet such dead-
lines, and the Commission finds that there is good
cause for the failure to meet such deadlines, para-
graph (1) shall apply to the State or unit as if—
(A) the reference in paragraph (1)(A) to
‘‘November 2002’’ were a reference to ‘‘Novem-
ber 2004’’; and
(B) the reference in paragraph (1)(B) to
‘‘November 2004’’ were a reference to ‘‘Novem-
ber 2006’’.
SEC. 112. ELIGIBILITY.
(a) STATES.—Subject to subsection (c), a State is eli-
gible to receive a payment under the program under this
subtitle if it submits to the Administrator an application
not later than 120 days after the date of the enactment
of this Act (in such form as the Administrator may re-
quire) which contains—
(1) assurances that the State will use the pay-
ment (either directly or as reimbursement) to make
technical enhancements to the performance of punch
card voting systems in jurisdictions within the State
which used such systems to carry out the general
Federal election held in November 2000;
(2) assurances that in enhancing the perform-
ance of such voting systems the State will continue
to meets its duties under the Voting Accessibility for
the Elderly and Handicapped Act (42 U.S.C. 1973ee
et seq.) and the Americans With Disabilities Act;
and
(3) such other information and assurances as
the Administrator may require which are necessary
for the administration of the program.
(b) UNITS
OF LOCAL GOVERNMENT.—Subject to
subsection (c), a unit of local government is eligible to re-
ceive a payment under the program under this subtitle if
it submits to the Administrator—
(1) not later than the date of the regularly
scheduled general election for Federal office to be
held in November 2002, a statement of its intent to
participate in the program, including assurances
that the State in which the unit is located—
(A) failed to submit an application under
subsection (a) within the deadline specified
under such subsection,
(B) is otherwise not eligible to receive a
payment under the program, or
(C) will not use the payment to enhance
the performance of punch card voting systems
in the unit; and
(2) an application (at such time and in such
form as the Administrator may require) which con-
tains similar assurances to those required to be pro-
vided by a State in its application under subsection
(a).
(c) PROHIBITING PARTICIPATION IN PUNCH CARD
REPLACEMENT PROGRAM.—A State or unit of local gov-
ernment is not eligible to receive a payment under the pro-
gram under this subtitle if the State or unit receives a
payment under the program under subtitle A.
SEC. 113. AMOUNT OF PAYMENT.
(a) IN GENERAL.—The amount of payment made to
a State or unit of local government under the program
under this subtitle shall be equal to the applicable per pre-
cinct matching rate of the cost to the State or unit (as
the case may be) of the activities to be funded with the
payment under the program in each precinct in the State
or unit (as the case may be), except that in no case may
the amount of the payment exceed the product of—
(1) the number of voting precincts administered
by the State or unit which used a punch card voting
system to carry out the general Federal election held
in November 2000; and
(2) $2,000.
(b) APPLICABLE PER PRECINCT MATCHING RATE
DEFINED.—In subsection (a), the ‘‘applicable per precinct
matching rate’’ is—
(1) 90 percent; or
(2) 95 percent, in the case of a precinct whose
average per capita income is within the lowest quar-
tile of average per capita incomes for all precincts in
the United States (as determined by the 2000 decen-
nial census).
SEC. 114. AUDIT AND REPAYMENT OF FUNDS.
(a) AUDIT.—Funds provided under the program
under this subtitle shall be subject to audit by the Admin-
istrator.
(b) REPAYMENT FOR FAILURE TO MEET REQUIRE-
MENTS.—If a State or unit of local government (as the
case may be) receiving funds under the program under
this subtitle fails to meet the deadlines applicable to the
State or unit under section 111(c), the State or unit shall
pay to the Administrator an amount equal to the amount
of the funds provided to the State or unit under the pro-
gram.
Subtitle C—General Provisions
SEC. 121. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL.—There are authorized to be appro-
priated for payments under this title $400,000,000, to re-
main available until expended (subject to subsection (b)).
(b) USE OF RETURNED FUNDS AND FUNDS REMAIN-
ING UNEXPENDED FOR ELECTION FUND PAYMENTS.—
(1) IN GENERAL.—The amounts referred to in
paragraph (2) shall be transferred to the Election
Assistance Commission (established under title II)
and used by the Commission to make Election Fund
payments under part 1 of subtitle C of title II.
(2) AMOUNTS
DESCRIBED.—The amounts re-
ferred to in this paragraph are as follows:
(A) Any amounts appropriated pursuant to
the authorization under this section which re-
main unobligated as of the date of the regularly
scheduled general election for Federal office
held in November 2002.
(B) 1 shall be appointed from among a list
of nominees submitted by the minority leader of
the Senate;
(C) 1 shall be appointed from among a list
of nominees submitted by the Speaker of the
House of Representatives; and
(D) 1 shall be appointed from among a list
of nominees submitted by the minority leader of
the House of Representatives.
(2) QUALIFICATIONS.—Each member of the
Commission shall have experience with or expertise
in election administration or the study of elections,
except that no individual may serve as a member of
the Commission if the individual is an officer or em-
ployee of the Federal Government at any time dur-
ing the period of service on the Commission.
(3) DATE
OF
APPOINTMENT.—The appoint-
ments of the members of the Commission shall be
made not later than 30 days after the date of enact-
ment of this Act.
(b) TERM OF SERVICE.—
(1) IN GENERAL.—Except as provided in para-
graphs (2) and (3), members shall serve for a term
of 4 years and may be reappointed for not more
than one additional term.
(2) TERMS OF INITIAL APPOINTEES.—As des-
ignated by the President at the time of appointment,
of the members first appointed—
(A) 2 of the members (not more than 1 of
whom may be affiliated with the same political
party) shall be appointed for a term of 2 years;
and
(B) 2 of the members (not more than 1 of
whom may be affiliated with the same political
party) shall be appointed for a term of 4 years.
(3) VACANCIES.—
(A) IN GENERAL.—A vacancy on the Com-
mission shall be filled in the manner in which
the original appointment was made and shall be
subject to any conditions which applied with re-
spect to the original appointment.
(B) EXPIRED TERMS.—A member of the
Commission may serve on the Commission after
the expiration of the member’s term until the
successor of such member has taken office as a
member of the Commission.
(C) UNEXPIRED
TERMS.—An individual
chosen to fill a vacancy shall be appointed for
the unexpired term of the member replaced.
(c) CHAIR AND VICE CHAIR.—The Commission shall
select a chair and vice chair from among its members for
a term of 1 year, except that the chair and vice chair may
not be affiliated with the same political party.
(d) COMPENSATION.—
(1) IN GENERAL.—Members of the Commission
shall each be paid at an annual rate equal to
$30,000.
(2) TRAVEL EXPENSES.—Members of the Com-
mission shall each receive travel expenses, including
per diem in lieu of subsistence, at rates authorized
for employees of agencies under subchapter I of
chapter 57 of title 5, United States Code, while
away from their homes or regular places of business
in the performance of services for the Commission.
(3) OUTSIDE
EMPLOYMENT
PERMITTED.—A
member of the Commission may hold any other of-
fice or employment not inconsistent or in conflict
with the member’s duties, responsibilities, and pow-
ers as a member of the Commission.
SEC. 204. STAFF.
(a) EXECUTIVE DIRECTOR AND OTHER STAFF.—
(1) IN GENERAL.—The Commission shall have
an Executive Director, who shall be paid at a rate
not to exceed the rate of basic pay for level V of the
Executive Schedule.
(2) TERM OF SERVICE FOR EXECUTIVE DIREC-
TOR.—Except as provided in paragraph (3)(C), the
Executive Director shall serve for a term of 4 years.
An Executive Director may be reappointed for addi-
tional terms.
(3) PROCEDURE FOR APPOINTMENT.—
(A) IN GENERAL.—When a vacancy exists
in the position of the Executive Director, the
Election 
Assistance 
Commission 
Standards
Board and the Election Assistance Commission
Board of Advisors (described in part 2) shall
each appoint a search committee to recommend
not fewer than 3 nominees for the position.
(B) REQUIRING CONSIDERATION OF NOMI-
NEES.—Except as provided in subparagraph
(C), the Commission shall consider the nomi-
nees recommended by the Standards Board and
the Board of Advisors in appointing the Execu-
tive Director.
(C) SPECIAL RULES FOR FIRST EXECUTIVE
DIRECTOR.—
(i) CONVENING OF SEARCH COMMIT-
TEES.—The Standards Board and the
Board of Advisors shall each appoint a
search committee and recommend nomi-
nees for the position of Executive Director
in accordance with subparagraph (A) as
soon as practicable after the appointment
of their members.
(ii) 
INTERIM
INITIAL
APPOINT-
MENT.—Notwithstanding 
subparagraph
(B), the Commission may appoint an indi-
vidual to serve as the first Executive Di-
rector prior to the recommendation of
nominees for the position by the Standards
Board or the Board of Advisors, except
that such individual’s term of service may
not exceed 6 months. Nothing in the pre-
vious sentence may be construed to pro-
hibit the individual serving as the first Ex-
ecutive Director from serving any addi-
tional term.
(4) OTHER STAFF.—Subject to rules prescribed
by the Commission, the Executive Director may ap-
point and fix the pay of such additional personnel as
the Executive Director considers appropriate.
(5) APPLICABILITY OF CERTAIN CIVIL SERVICE
LAWS.—The Executive Director and staff of the
Commission may be appointed without regard to the
provisions of title 5, United States Code, governing
appointments in the competitive service, and may be
paid without regard to the provisions of chapter 51
and subchapter III of chapter 53 of that title relat-
ing to classification and General Schedule pay rates,
except that an individual so appointed may not re-
ceive pay in excess of the annual rate of basic pay
for level V of the Executive Schedule.
(b) EXPERTS AND CONSULTANTS.—Subject to rules
prescribed by the Commission, the Executive Director may
procure temporary and intermittent services under section
3109(b) of title 5, United States Code, with the approval
of a majority of the members of the Commission.
(c) STAFF OF FEDERAL AGENCIES.—Upon request
of the Chair, the head of any Federal department or agen-
cy may detail, on a reimbursable basis, any of the per-
sonnel of that department or agency to the Commission
to assist it in carrying out its duties under this Act.
(d) ARRANGING FOR ASSISTANCE FOR BOARD OF AD-
VISORS AND STANDARDS BOARD.—At the request of the
Election Assistance Commission Board of Advisors or the
Election Assistance Commission Standards Board estab-
lished under part 2, the Executive Director shall enter into
such arrangements as the Executive Director considers
appropriate to make personnel available to assist the
Boards with carrying out their duties under this title (in-
cluding contracts with private individuals for providing
temporary personnel services or the temporary detailing
of personnel of the Commission).
(e) CONSULTATION WITH BOARD OF ADVISORS AND
STANDARDS BOARD
ON CERTAIN MATTERS.—In pre-
paring the program goals, long-term plans, mission state-
ments, and related matters for the Commission, the Exec-
utive Director and staff of the Commission shall consult
with the Election Assistance Commission Board of Advi-
sors and the Election Assistance Commission Standards
Board established under part 2.
SEC. 205. POWERS.
(a) HEARINGS
AND SESSIONS.—The Commission
may hold such hearings for the purpose of carrying out
this Act, sit and act at such times and places, take such
testimony, and receive such evidence as the Commission
considers advisable to carry out this Act. The Commission
may administer oaths and affirmations to witnesses ap-
pearing before the Commission.
(b) INFORMATION FROM FEDERAL AGENCIES.—The
Commission may secure directly from any Federal depart-
ment or agency such information as the Commission con-
siders necessary to carry out this Act. Upon request of
the Chair of the Commission, the head of such department
or agency shall furnish such information to the Commis-
sion.
(c) POSTAL SERVICES.—The Commission may use
the United States mails in the same manner and under
the same conditions as other departments and agencies of
the Federal Government.
(d) ADMINISTRATIVE SUPPORT SERVICES.—Upon
the request of the Chair of the Commission, the Adminis-
trator of General Services shall provide to the Commis-
sion, on a reimbursable basis, the administrative support
services that are necessary to enable the Commission to
carry out its duties under this Act.
(e) CONTRACTS.—The Commission may contract
with and compensate persons and Federal agencies for
supplies and services without regard to section 3709 of
the Revised Statutes (41 U.S.C. 5).
SEC. 206. LIMITATION ON RULEMAKING AUTHORITY.
The Commission shall not have any authority to issue
any rule, promulgate any regulation, or take any other ac-
tion which imposes any requirement on any State or unit
of local government, except to the extent permitted under
the National Voter Registration Act of 1993.
SEC. 207. AUTHORIZATION OF APPROPRIATIONS.
In addition to the amounts authorized for payments
and grants under subtitle C and the amounts authorized
to be appropriated for the program under section 303,
there are authorized to be appropriated for each of the
fiscal years 2002 through 2004 such sums as may be nec-
essary (but not to exceed $10,000,000 for each such year)
for the Commission to carry out its duties under this title.
PART 2—ELECTION ASSISTANCE COMMISSION
STANDARDS BOARD AND BOARD OF ADVISORS
SEC. 211. ESTABLISHMENT.
There are hereby established the Election Assistance
Commission Standards Board (hereafter in this title re-
ferred to as the ‘‘Standards Board’’) and the Election As-
sistance Commission Board of Advisors (hereafter in this
title referred to as the ‘‘Board of Advisors’’).
SEC. 212. DUTIES.
The Standards Board and the Board of Advisors
shall each, in accordance with the procedures described in
section 223, review any of the voluntary engineering and
procedural performance standards described in section
221(a)(1), any of the voluntary standards described in sec-
tion 221(a)(4), and any of the voluntary election manage-
ment practice standards described in section 221(a)(6)
(and any modifications to such standards) which are rec-
ommended by the Commission under subtitle B.
SEC. 213. MEMBERSHIP OF STANDARDS BOARD.
(a) COMPOSITION.—
(1) IN GENERAL.—Subject to certification by
the chair of the Federal Election Commission under
subsection (b), the Standards Board shall be com-
posed of 110 members as follows:
(A) 55 shall be the chief State election of-
ficials of each State.
(B) 55 shall be local election officials se-
lected in accordance with paragraph (2).
(2) LIST
OF
LOCAL
ELECTION
OFFICIALS.—
Each State’s local election officials shall select
(under a process supervised by the chief election of-
ficial of the State) a representative local election of-
ficial from the State for purposes of paragraph
(1)(B). In the case of the District of Columbia,
Guam, and American Samoa, the chief election offi-
cial shall establish a procedure for selecting an indi-
vidual to serve as a local election official for pur-
poses of such paragraph, except that under such a
procedure the individual selected may not be a mem-
ber of the same political party as the chief election
official.
(3) REQUIRING
MIX
OF
POLITICAL
PARTIES
REPRESENTED.—The 2 members of the Standards
Board who represent the same State may not be
members of the same political party.
(b) PROCEDURES FOR NOTICE AND CERTIFICATION
OF APPOINTMENT.—
(1) NOTICE TO CHAIR OF FEDERAL ELECTION
COMMISSION.—Not later than 90 days after the date
of the enactment of this Act, a State shall transmit
a notice to chair of the Federal Election Commission
containing—
(A) a statement that the chief election offi-
cial of the State agrees to serve on the Stand-
ards Board under this title; and
(B) the name of the representative local
election official from the State selected under
subsection (a)(2) who will serve on the Stand-
ards Board under this title.
(2) CERTIFICATION.—Upon receiving a notice
from a State under paragraph (1), the chair of the
Federal Election Commission shall publish a certifi-
cation that the chief election official and the rep-
resentative local election official are appointed as
members of the Standards Board under this title.
(3) EFFECT
OF
FAILURE
TO
PROVIDE
NO-
TICE.—If a State does not transmit a notice to the
chair of the Federal Election Commission under
paragraph (1) within the deadline described in such
paragraph, no representative from the State may
participate in the selection of the Executive Board
under subsection (c).
(4) ROLE OF COMMISSION.—Upon the appoint-
ment of the members of the Election Assistance
Commission, the Election Assistance Commission
shall carry out the duties of the Federal Election
Commission under this subsection.
(c) EXECUTIVE BOARD.—
(1) IN GENERAL.—Not later than 60 days after
the last day on which the appointment of any of its
members may be certified under subsection (b), the
Standards Board shall select 9 of its members to
serve as the Executive Board of the Standards
Board, of whom—
(A) not more than 5 may be chief State
election officials;
(B) not more than 5 may be local election
officials; and
(C) not more than 5 may be members of
the same political party.
(2) TERMS.—Except as provided in paragraph
(3), members of the Executive Board of the Stand-
ards Board shall serve for a term of 2 years and
may not serve for more than 3 consecutive terms.
(3) STAGGERING OF INITIAL TERMS.—Of the
members first selected to serve on the Executive
Board of the Standards Board—
(A) 3 shall serve for one term;
(B) 3 shall serve for 2 consecutive terms;
and
(C) 3 shall serve for 3 consecutive terms,
as determined by lot at the time the members are
first appointed.
(4) DUTIES.—In addition to any other duties
assigned under this title, the Executive Board of the
Standards Board may carry out such duties of the
Standards Board as the Standards Board may dele-
gate.
SEC. 214. MEMBERSHIP OF BOARD OF ADVISORS.
(a) IN GENERAL.—The Board of Advisors shall be
composed of 25 members appointed as follows:
(1) 2 members appointed by the United States
Commission on Civil Rights.
(2) 2 members appointed by the Architectural
and Transportation Barrier Compliance Board
under section 502 of the Rehabilitation Act of 1973
(29 U.S.C. 792).
(3) 2 members appointed by the National Gov-
ernors Association.
(4) 2 members appointed by the National Con-
ference of State Legislatures.
(5) 2 members appointed by the National Asso-
ciation of Secretaries of State.
(6) 2 members appointed by the National Asso-
ciation of State Election Directors.
(7) 2 members appointed by the National Asso-
ciation of Counties.
(8) 2 members appointed by the National Asso-
ciation of County Recorders, Election Administra-
tors, and Clerks.
(9) 2 members appointed by the United States
Conference of Mayors.
(10) 2 members appointed by the Election Cen-
ter.
(11) 2 members appointed by the International
Association of County Recorders, Election Officials,
and Treasurers.
(12) 2 members representing professionals in
the field of science and technology, of whom 1 shall
be appointed by the Speaker of the House of Rep-
resentatives and 1 shall be appointed by the majority
leader of the Senate (or, if the majority leader is a
member of the same political party as the Speaker,
by the minority leader of the Senate).
(13) The chief of the Office of Public Integrity
of the Department of Justice, or the chief’s des-
ignee.
(b) DIVERSITY
IN APPOINTMENTS.—Appointments
shall be made to the Board of Advisors under subsection
(a) in a manner which ensures that the Board of Advisors
will be bipartisan in nature and will reflect the various
geographic regions of the United States.
(c) TERM OF SERVICE; VACANCY.—Members of the
Board of Advisors shall serve for a term of 2 years, and
may be reappointed. Any vacancy in the Board of Advisors
shall be filled in the manner in which the original appoint-
ment was made.
(d) CHAIR.—The Board of Advisors shall elect a
Chair from among its members.
SEC. 215. POWERS OF BOARDS; NO COMPENSATION FOR
SERVICE.
(a) HEARINGS AND SESSIONS.—
(1) IN GENERAL.—To the extent that funds are
made available by the Commission, the Standards
Board (acting through the Executive Board) and the
Board of Advisors may each hold such hearings for
the purpose of carrying out this Act, sit and act at
such times and places, take such testimony, and re-
ceive such evidence as each such Board considers ad-
visable to carry out this title, except that the Boards
may not issue subpoenas requiring the attendance
and testimony of witnesses or the production of any
evidence.
(2) MEETINGS.—The Standards Board and the
Board of Advisors shall each hold a meeting of its
members—
(A) not less frequently than once every
year for purposes of voting on the standards re-
ferred to it under section 223;
(B) in the case of the Standards Board,
not less frequently than once every 2 years for
purposes of selecting the Executive Board; and
(C) at such other times as it considers ap-
propriate for purposes of conducting such other
business as it considers appropriate consistent
with this title.
(b) INFORMATION FROM FEDERAL AGENCIES.—The
Standards Board and the Board of Advisors may each se-
cure directly from any Federal department or agency such
information as the Board considers necessary to carry out
this Act. Upon request of the Executive Board (in the case
of the Standards Board) or the Chair (in the case of the
Board of Advisors), the head of such department or agen-
cy shall furnish such information to the Board.
(c) POSTAL SERVICES.—The Standards Board and
the Board of Advisors may use the United States mails
in the same manner and under the same conditions as a
department or agency of the Federal Government.
(d) ADMINISTRATIVE SUPPORT SERVICES.—Upon
the request of the Executive Board (in the case of the
Standards Board) or the Chair (in the case of the Board
of Advisors), the Administrator of the General Services
Administration shall provide to the Board, on a reimburs-
able basis, the administrative support services that are
necessary to enable the Board to carry out its duties under
this title.
(e) NO COMPENSATION FOR SERVICE.—Members of
the Standards Board and members of the Board of Advi-
sors shall not receive any compensation for their service,
but shall be paid travel expenses, including per diem in
lieu of subsistence, at rates authorized for employees of
agencies under subchapter I of chapter 57 of title 5,
United States Code, while away from their homes or reg-
ular places of business in the performance of services for
the Board.
SEC. 216. STATUS OF BOARDS AND MEMBERS FOR PUR-
POSES OF CLAIMS AGAINST BOARD.
(a) IN GENERAL.—The provisions of chapters 161
and 171 of title 28, United States Code, shall apply with
respect to the liability of the Standards Board, the Board
of Advisors, and their members for acts or omissions per-
formed pursuant to and in the course of the duties and
responsibilities of the Board.
(b) EXCEPTION FOR CRIMINAL ACTS AND OTHER
WILLFUL CONDUCT.—Subsection (a) may not be con-
strued to limit personal liability for criminal acts or omis-
sions, willful or malicious misconduct, acts or omissions
for private gain, or any other act or omission outside the
scope of the service of a member of the Standards Board
or the Board of Advisors.
Subtitle B—Voluntary Election
Standards
SEC. 
221. 
DEVELOPMENT 
OF 
VOLUNTARY 
ELECTION
STANDARDS.
(a) IN GENERAL.—The Commission shall:
(1) In accordance with section 223, develop
(through the Executive Director of the Commission),
adopt, and update (not less often than every 4 years
thereafter) voluntary engineering and procedural
performance standards for voting systems used in
Federal elections which shall meet the following re-
quirements:
(A) The scope of the standards should in-
clude security (including a documentary audit
for non-ballot systems), the procedures for cer-
tification and decertification of software and
hardware, the assessment of usability, and oper-
ational guidelines for the proper use and main-
tenance of equipment.
(B) The standards should provide that vot-
ers have the opportunity to correct errors at the
precinct or other polling place, either within the
voting equipment itself or in the operational
guidelines to administrators for using the
equipment, under conditions which assure pri-
vacy to the voter.
(C) Each voting tally system certified for
use should include as part of the certification a
proposed statement of what constitutes a prop-
er vote in the design and operation of the sys-
tem.
(D) New voting equipment systems cer-
tified either by the Federal government or by
any State should provide a practical and effec-
tive means for voters with physical disabilities
to cast a secret ballot.
(2) Maintain a clearinghouse of information on
the experiences of State and local governments in
implementing the voluntary standards described in
paragraph (1) and in operating voting systems in
general.
(3) In accordance with section 224, provide for
the voluntary testing, certification, decertification,
and recertification of voting systems.
(4) Advise States and units of local government
regarding compliance with the requirements of the
Voting Accessibility for the Elderly and Handi-
capped Act (42 U.S.C. 1973ee et seq.) and compli-
ance with other Federal laws regarding accessibility
of registration facilities and polling places. Addition-
ally, in accordance with section 223, the Commission
shall develop (through the Executive Director of the
Commission), adopt, and update (not less often than
every 4 years thereafter) voluntary standards for
maintaining and enhancing the accessibility and pri-
vacy of registration facilities, polling places, and vot-
ing methods with the goal of promoting for all indi-
viduals, including the elderly and individuals with
disabilities, the accessibility of polling places and the
effective use of voting systems and voting equipment
which provide the opportunity for casting a secure
and secret ballot, and shall include in such stand-
ards voluntary guidelines regarding accessibility and
ease-of-use for States and units of local government
to use when obtaining voting equipment and select-
ing polling places. In carrying out this paragraph,
the Commission shall consult with the Architectural
and Transportation Barrier Compliance Board
under section 502 of the Rehabilitation Act of 1973
(29 U.S.C. 792) and other individuals and entities
with expertise in the accessibility of facilities for in-
dividuals with disabilities.
(5) Make periodic studies available to the public
regarding the election administration issues de-
scribed in subsection (b), with the goal of promoting
methods of voting and administering elections
which—
(A) will be the most convenient, accessible,
and easy to use for voters, including members
of the uniformed services, blind and disabled
voters, and voters with limited English pro-
ficiency;
(B) will yield the most accurate, secure,
and expeditious system for voting and tab-
ulating election results;
(C) will be nondiscriminatory and afford
each registered and eligible voter an equal op-
portunity to vote; and
(D) will be efficient and cost-effective for
use.
(6) In accordance with section 223, develop
(through the Executive Director of the Commission),
adopt, and update (not less often than every 4
years) voluntary election management practice
standards for State and local election officials to
maintain and enhance the administration of Federal
elections, including standards developed in consulta-
tion with the Secretary of Defense to govern the
treatment of absent uniformed services voters (as
defined in section 107(1) of the Uniformed and
Overseas Citizens Absentee Voting Act) and overseas
voters (as defined in section 107(5) of such Act)
which will include provisions to address each of the
following:
(A) The rights of residence of uniformed
services voters absent due to military orders.