audit plan which describes the entity responsible for 
administering the audits, the procedures for admin-
istering the audits, and the rules for determining 
which elections will be subject to audits and the 
number of tabulation units in which the audits will 
occur. 
‘‘(2) TABULATION UNIT DEFINED.—In this sub-
section, the term ‘tabulation unit’ means, with re-
spect to an election, a unit established by the State 
prior to the election (such as a precinct, polling loca-
tion, or particular type of voting device) in which the 
votes tabulated by the voting system used in the unit 
may be compared with the audit of the results of the 
ballots cast in the unit. 
‘‘(3) SUBMISSION OF PLAN TO COMMISSION.— 
Not later than January 1, 2009, the State shall sub-
mit its initial State audit plan under this section to 
the Commission. 
‘‘(b) CERTIFICATION.—A State does not meet the re-
quirements of this section unless the chief executive of the 
State and the chief election official of the State certify 
that the State audit plan provides for the fair and effective 
administration of audits under procedures that are trans-
parent and open to the public. 
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‘‘(c) EFFECTIVE DATE.—This section shall apply 
with respect to the regularly scheduled general elections 
for Federal office held in November 2010 and each suc-
ceeding election for Federal office.’’. 
(b) AVAILABILITY OF ENFORCEMENT.—Section 401 
of such Act (42 U.S.C. 15511) is amended by striking 
‘‘sections 301, 302, and 303’’ and inserting ‘‘subtitle A 
of title III’’. 
(c) CLERICAL AMENDMENT.—The table of contents 
of such Act is amended by inserting after the item relating 
to section 303 the following: 
‘‘303A. Audits of results of elections.’’. 
SEC. 4. REQUIRING STATES TO DEVELOP AND IMPLEMENT 
ELECTION SECURITY PROTOCOLS AND CON-
TINGENCY PLANS. 
(a) IN GENERAL.—Subtitle A of title III of the Help 
America Vote Act of 2002 (42 U.S.C. 15481 et seq.), as 
amended by section 3(a), is further amended by inserting 
after section 303A the following new section: 
‘‘SEC. 303B. DEVELOPMENT AND IMPLEMENTATION OF 
ELECTION SECURITY PROTOCOLS AND CON-
TINGENCY PLANS. 
‘‘(a) REQUIREMENTS FOR STATES.—Each State and 
jurisdiction which administers elections for Federal office 
shall— 
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‘‘(1) develop and implement security protocols 
for protecting the voting equipment used in such 
elections and for ensuring the security of the admin-
istration of such elections; and 
‘‘(2) develop and implement contingency plans 
for addressing voting system failures and other 
emergencies which may occur on the date of such an 
election, including the protocols to be followed at 
polling places and the protocols applicable to the use 
of emergency ballots. 
‘‘(b) EFFECTIVE DATE.—This section shall apply 
with respect to the regularly scheduled general election for 
Federal office in November 2008 and each succeeding 
election for Federal office.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
of such Act, as amended by section 3(c), is further amend-
ed by inserting after the item relating to section 303A the 
following: 
‘‘303B. Development and implementation of election security protocols and con-
tingency plans.’’. 
Æ 
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