which meets the requirements of sub-
paragraph (D); or 
‘‘(II) the laboratory is required to 
disclose the technology to the person 
under State law, in accordance with 
the terms and conditions applicable 
under such law. 
‘‘(C) QUALIFIED
PERSONS
DESCRIBED.— 
With respect to the disclosure of election-dedi-
cated voting system technology by a laboratory 
under subparagraph (B)(ii)(I), a ‘qualified per-
son’ is any of the following: 
‘‘(i) A governmental entity with re-
sponsibility for the administration of voting 
and election-related matters for purposes of 
reviewing, analyzing, or reporting on the 
technology. 
‘‘(ii) A party to pre- or post-election 
litigation challenging the result of an elec-
tion or the administration or use of the 
technology used in an election, including 
but not limited to election contests or chal-
lenges to the certification of the technology, 
or an expert for a party to such litigation, 
for purposes of reviewing or analyzing the 
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technology to support or oppose the litiga-
tion, and all parties to the litigation shall 
have access to the technology for such pur-
poses. 
‘‘(iii) A person not described in clause 
(i) or (ii) who reviews, analyzes, or reports 
on the technology solely for an academic, 
scientific, technological, or other investiga-
tion or inquiry concerning the accuracy or 
integrity of the technology. 
‘‘(D) REQUIREMENTS FOR NONDISCLOSURE 
AGREEMENTS.—A nondisclosure agreement en-
tered into with respect to an election-dedicated 
voting system technology meets the requirements 
of this subparagraph if the agreement— 
‘‘(i) is limited in scope to coverage of 
the technology disclosed under subparagraph 
(B) and any trade secrets and intellectual 
property rights related thereto; 
‘‘(ii) does not prohibit a signatory 
from entering into other nondisclosure 
agreements to review other technologies 
under this paragraph; 
‘‘(iii) exempts from coverage any infor-
mation the signatory lawfully obtained 
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from another source or any information in 
the public domain; 
‘‘(iv) remains in effect for not longer 
than the life of any trade secret or other in-
tellectual property right related thereto; 
‘‘(v) prohibits the use of injunctions 
barring a signatory from carrying out any 
activity authorized under subparagraph 
(C), including injunctions limited to the pe-
riod prior to a trial involving the tech-
nology; 
‘‘(vi) is silent as to damages awarded 
for breach of the agreement, other than a 
reference to damages available under appli-
cable law; 
‘‘(vii) allows disclosure of evidence of 
crime, including in response to a subpoena 
or warrant; 
‘‘(viii) allows the signatory to perform 
analyses on the technology (including by 
executing the technology), disclose reports 
and analyses that describe operational 
issues pertaining to the technology (includ-
ing vulnerabilities to tampering, errors, 
risks associated with use, failures as a re-
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sult of use, and other problems), and de-
scribe or explain why or how a voting sys-
tem failed or otherwise did not perform as 
intended; and 
‘‘(ix) provides that the agreement shall 
be governed by the trade secret laws of the 
applicable State. 
‘‘(E) ELECTION-DEDICATED VOTING SYSTEM 
TECHNOLOGY
DEFINED.—For purposes of this 
paragraph, ‘election-dedicated voting system 
technology’ means ‘voting system software’ as de-
fined under the 2005 voluntary voting system 
guidelines adopted by the Commission under sec-
tion 222, but excludes ‘commercial-off-the-shelf’ 
software and hardware defined under those 
guidelines. 
‘‘(9) PROHIBITION OF USE OF WIRELESS COMMU-
NICATIONS DEVICES IN VOTING SYSTEMS.—No voting 
system shall contain, use, or be accessible by any 
wireless, power-line, or concealed communication de-
vice, except that enclosed infrared communications de-
vices which are certified for use in the voting system 
by the State and which cannot be used for any remote 
or wide area communications or used without the 
knowledge of poll workers shall be permitted. 
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‘‘(10) PROHIBITING CONNECTION OF SYSTEM OR 
TRANSMISSION OF SYSTEM INFORMATION OVER THE 
INTERNET.—No component of any voting device upon 
which ballots are programmed or votes are cast or 
tabulated shall be connected to the Internet at any 
time. 
‘‘(11) SECURITY STANDARDS FOR VOTING SYS-
TEMS USED IN FEDERAL ELECTIONS.— 
‘‘(A) IN GENERAL.—No voting system may 
be used in an election for Federal office unless 
the manufacturer of such system and the election 
officials using such system meet the applicable 
requirements described in subparagraph (B). 
‘‘(B) REQUIREMENTS DESCRIBED.—The re-
quirements described in this subparagraph are 
as follows: 
‘‘(i) The manufacturer and the election 
officials shall document the secure chain of 
custody for the handling of all software, 
hardware, vote storage media, ballots, and 
voter-verified ballots used in connection 
with voting systems, and shall make the in-
formation available upon request to the 
Commission. 
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‘‘(ii) The manufacturer shall disclose to 
an accredited laboratory under section 231 
and to the appropriate election official any 
information required to be disclosed under 
paragraph (8). 
‘‘(iii) After the appropriate election of-
ficial has certified the election-dedicated 
and other voting system software for use in 
an election, the manufacturer may not— 
‘‘(I) alter such software; or 
‘‘(II) insert or use in the voting 
system any software not certified by 
the State for use in the election. 
‘‘(iv) At the request of the Commis-
sion— 
‘‘(I) the appropriate election offi-
cial shall submit information to the 
Commission regarding the State’s com-
pliance with this subparagraph; and 
‘‘(II) the manufacturer shall sub-
mit information to the Commission re-
garding the manufacturer’s compliance 
with this subparagraph. 
‘‘(C) DEVELOPMENT AND PUBLICATION OF 
BEST
PRACTICES
ON
DOCUMENTATION
OF
SE-
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CURE CHAIN OF CUSTODY.—Not later than Au-
gust 1, 2008, the Commission shall develop and 
make publicly available best practices regarding 
the requirement of subparagraph (B)(i). 
‘‘(D) DISCLOSURE
OF
SECURE
CHAIN
OF 
CUSTODY.—The Commission shall make informa-
tion provided to the Commission under subpara-
graph (B)(i) available to any person upon re-
quest. 
‘‘(12) 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 (including the paper ballots provided to 
voters under paragraph (13)) shall be 
marked, printed, or recorded on durable 
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 ca-
pable of retaining the information marked, 
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printed, or recorded on them for the full du-
ration of a retention and preservation pe-
riod of 22 months. 
‘‘(B) READABILITY REQUIREMENTS FOR MA-
CHINE-MARKED OR PRINTED PAPER BALLOTS.— 
All voter-verified paper ballots completed by the 
voter through the use of a marking or printing 
device shall be clearly readable by the voter with-
out assistance (other than eyeglasses or other per-
sonal vision enhancing devices) and by a scanner 
or other device equipped for individuals with 
disabilities. 
‘‘(13) MANDATORY AVAILABILITY OF PAPER BAL-
LOTS AT POLLING PLACE.— 
‘‘(A) REQUIRING BALLOTS TO BE OFFERED 
AND PROVIDED.—The appropriate election offi-
cial at each polling place in an election for Fed-
eral office shall offer each individual who is eli-
gible to cast a vote in the election at the polling 
place the opportunity to cast the vote using a 
pre-printed paper ballot which the individual 
may mark by hand and which is not produced 
by a direct recording electronic voting machine. 
If the individual accepts the offer to cast the vote 
using such a ballot, the official shall provide the 
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individual with the ballot and the supplies nec-
essary to mark the ballot, and shall ensure (to 
the greatest extent practicable) that the waiting 
period for the individual to cast a vote is not 
greater than the waiting period for an indi-
vidual who does not agree to cast the vote using 
such a paper ballot under this paragraph. 
‘‘(B) TREATMENT OF BALLOT.—Any paper 
ballot which is cast by an individual under this 
paragraph shall be counted and otherwise treated 
as a regular ballot for all purposes (including, to 
the greatest extent practicable, the deadline for 
counting the ballot) and not as a provisional 
ballot, unless the individual casting the ballot 
would have otherwise been required to cast a pro-
visional ballot if the individual had not accepted 
the offer to cast the vote using a paper ballot 
under this paragraph. 
‘‘(C) POSTING
OF
NOTICE.—The appro-
priate election official shall ensure that at each 
polling place a notice is displayed prominently 
which describes the obligation of the official to 
offer individuals the opportunity to cast votes 
using a pre-printed paper ballot under this 
paragraph. 
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‘‘(D) TRAINING OF ELECTION OFFICIALS.— 
The chief State election official shall ensure that 
election officials at polling places in the State 
are aware of the requirements of this paragraph, 
including the requirement to display a notice 
under subparagraph (C), and are aware that it 
is a violation of the requirements of this title for 
an election official to fail to offer an individual 
the opportunity to cast a vote using a pre-print-
ed paper ballot under this paragraph. 
‘‘(E) EXCEPTIONS.—This paragraph does 
not apply with respect to— 
‘‘(i) a polling place at which each vot-
ing system used in the administration of an 
election for Federal office uses only pre- 
printed paper ballots which are marked by 
hand and which are not produced by a di-
rect recording electronic voting machine 
(other than a system used to meet the dis-
ability access requirements of paragraph 
(3)); or 
‘‘(ii) a polling place in operation prior 
to the date of the election, but only with re-
spect to days prior to the date of the elec-
tion. 
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‘‘(F) EFFECTIVE
DATE.—This paragraph 
shall apply with respect to the regularly sched-
uled general election for Federal office in Novem-
ber 2010 and each succeeding election for Federal 
office.’’. 
(2) REQUIRING LABORATORIES TO MEET STAND-
ARDS PROHIBITING CONFLICTS OF INTEREST AS CON-
DITION OF ACCREDITATION FOR TESTING OF VOTING 
SYSTEM HARDWARE AND SOFTWARE.— 
(A) IN GENERAL.—Section 231(b) of such 
Act (42 U.S.C. 15371(b)) is amended by adding 
at the end the following new paragraphs: 
‘‘(3) PROHIBITING CONFLICTS OF INTEREST; EN-
SURING AVAILABILITY OF RESULTS.— 
‘‘(A) IN GENERAL.—A laboratory may not 
be accredited by the Commission for purposes of 
this section unless— 
‘‘(i) the laboratory certifies that the 
only compensation it receives for the testing 
carried out in connection with the certifi-
cation, decertification, and recertification of 
the manufacturer’s voting system hardware 
and software is the payment made from the 
Testing Escrow Account under paragraph 
(4); 
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‘‘(ii) the laboratory meets such stand-
ards as the Commission shall establish 
(after notice and opportunity for public 
comment) to prevent the existence or ap-
pearance of any conflict of interest in the 
testing carried out by the laboratory under 
this section, including standards to ensure 
that the laboratory does not have a finan-
cial interest in the manufacture, sale, and 
distribution of voting system hardware and 
software, and is sufficiently independent 
from other persons with such an interest; 
‘‘(iii) the laboratory certifies that it 
will permit an expert designated by the 
Commission to observe any testing the lab-
oratory carries out under this section; and 
‘‘(iv) the laboratory, upon completion 
of any testing carried out under this sec-
tion, discloses the test protocols, results, and 
all communication between the laboratory 
and the manufacturer to the Commission. 
‘‘(B) AVAILABILITY OF RESULTS.—Upon re-
ceipt of information under subparagraph (A), 
the Commission shall make the information 
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with a copy of the results of the test as required 
under paragraph (3)(A)(iv), the Commission 
shall make a payment to the laboratory from the 
Testing Escrow Account established under sub-
paragraph (A) in an amount equal to the appli-
cable fee paid by the manufacturer under sub-
paragraph (C)(ii). 
‘‘(5) DISSEMINATION OF ADDITIONAL INFORMA-
TION ON ACCREDITED LABORATORIES.— 
‘‘(A) INFORMATION
ON
TESTING.—Upon 
completion of the testing of a voting system 
under this section, the Commission shall prompt-
ly disseminate to the public the identification of 
the laboratory which carried out the testing. 
‘‘(B) INFORMATION ON STATUS OF LABORA-
TORIES.—The Commission shall promptly notify 
Congress, the chief State election official of each 
State, and the public whenever— 
‘‘(i) the Commission revokes, termi-
nates, or suspends the accreditation of a 
laboratory under this section; 
‘‘(ii) the Commission restores the ac-
creditation of a laboratory under this sec-
tion which has been revoked, terminated, or 
suspended; or 
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‘‘(iii) the Commission has credible evi-
dence of significant security failure at an 
accredited laboratory.’’. 
(B) CONFORMING
AMENDMENTS.—Section 
231 of such Act (42 U.S.C. 15371) is further 
amended— 
(i) in subsection (a)(1), by striking 
‘‘testing, certification,’’ and all that follows 
and inserting the following: ‘‘testing of vot-
ing system hardware and software by ac-
credited laboratories in connection with the 
certification, decertification, and recertifi-
cation of the hardware and software for 
purposes of this Act.’’; 
(ii) in subsection (a)(2), by striking 
‘‘testing, certification,’’ and all that follows 
and inserting the following: ‘‘testing of its 
voting system hardware and software by the 
laboratories accredited by the Commission 
under this section in connection with certi-
fying, decertifying, and recertifying the 
hardware and software.’’; 
(iii) in subsection (b)(1), by striking 
‘‘testing, certification, decertification, and 
recertification’’ and inserting ‘‘testing’’; and 
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(iv) in subsection (d), by striking ‘‘test-
ing, certification, decertification, and recer-
tification’’ each place it appears and insert-
ing ‘‘testing’’. 
(C) DEADLINE
FOR
ESTABLISHMENT
OF 
STANDARDS, ESCROW ACCOUNT, AND SCHEDULE 
OF FEES.—The Election Assistance Commission 
shall establish the standards described in section 
231(b)(3) of the Help America Vote Act of 2002 
and the Testing Escrow Account and schedule of 
fees described in section 231(b)(4) of such Act (as 
added by subparagraph (A)) not later than Jan-
uary 1, 2008. 
(D) 
AUTHORIZATION
OF
APPROPRIA-
TIONS.—There are authorized to be appropriated 
to the Election Assistance Commission such sums 
as may be necessary to carry out the Commis-
sion’s duties under paragraphs (3) and (4) of 
section 231 of the Help America Vote Act of 2002 
(as added by subparagraph (A)). 
(3) SPECIAL CERTIFICATION OF BALLOT DURA-
BILITY
AND
READABILITY
REQUIREMENTS
FOR 
STATES NOT CURRENTLY USING DURABLE PAPER BAL-
LOTS.— 
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(A) IN GENERAL.—If any of the voting sys-
tems used in a State for the regularly scheduled 
2006 general elections for Federal office did not 
require the use of or produce durable paper bal-
lots, the State shall certify to the Election Assist-
ance Commission not later than 90 days after 
the date of the enactment of this Act that the 
State will be in compliance with the require-
ments of sections 301(a)(2), 301(a)(12), and 
301(b) of the Help America Vote of 2002, as 
added or amended by this subsection, in accord-
ance with the deadline established under this 
Act, and shall include in the certification the 
methods by which the State will meet the re-
quirements. 
(B) CERTIFICATIONS BY STATES THAT RE-
QUIRE CHANGES TO STATE LAW.—In the case of 
a State that requires State legislation to carry 
out an activity covered by any certification sub-
mitted under this paragraph, the State shall be 
permitted to make the certification notwith-
standing that the legislation has not been enacted 
at the time the certification is submitted and 
such State shall submit an additional certifi-
cation once such legislation is enacted. 
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(4) GRANTS FOR RESEARCH ON DEVELOPMENT 
OF
ELECTION-DEDICATED
VOTING
SYSTEM
SOFT-
WARE.— 
(A) IN GENERAL.—Subtitle D of title II of 
the Help America Vote Act of 2002 (42 U.S.C. 
15401 et seq.) is amended by adding at the end 
the following new part: 
‘‘PART 7—GRANTS FOR RESEARCH ON DEVELOP-
MENT 
OF 
ELECTION-DEDICATED 
VOTING 
SYSTEM SOFTWARE 
‘‘SEC. 297. GRANTS FOR RESEARCH ON DEVELOPMENT OF 
ELECTION-DEDICATED VOTING SYSTEM SOFT-
WARE. 
‘‘(a) IN GENERAL.—The Director of the National 
Science Foundation (hereafter in this part referred to as 
the ‘Director’) shall make grants to not fewer than 3 eligible 
entities to conduct research on the development of election- 
dedicated voting system software. 
‘‘(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— 
‘‘(1) certifications regarding the benefits of oper-
ating voting systems on election-dedicated software 
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which is easily understandable and which is written 
exclusively for the purpose of conducting elections; 
‘‘(2) certifications that the entity will use the 
funds provided under the grant to carry out research 
on how to develop voting systems that run on election- 
dedicated software and that will meet the applicable 
requirements for voting systems under title III; and 
‘‘(3) such other information and certifications as 
the Director may require. 
‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There are 
authorized to be appropriated for grants under this part 
$1,500,000 for each of fiscal years 2007 and 2008, to re-
main available until expended.’’. 
(B) CLERICAL AMENDMENT.—The table of 
contents of such Act is amended by adding at the 
end of the items relating to subtitle D of title II 
the following: 
‘‘PART 7—GRANTS FOR RESEARCH ON DEVELOPMENT OF ELECTION- 
DEDICATED VOTING SYSTEM SOFTWARE 
‘‘Sec. 297. Grants for research on development of election-dedicated voting system 
software.’’. 
(d) AVAILABILITY OF ADDITIONAL FUNDING TO EN-
ABLE STATES TO MEET COSTS OF REVISED REQUIRE-
MENTS.— 
(1) EXTENSION
OF
REQUIREMENTS
PAYMENTS 
FOR
MEETING
REVISED
REQUIREMENTS.—Section 
257(a) of the Help America Vote Act of 2002 (42 
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U.S.C. 15407(a)) is amended by adding at the end 
the following new paragraph: 
‘‘(4) For fiscal year 2007, $1,000,000,000, except 
that any funds provided under the authorization 
made by this paragraph shall be used by a State only 
to meet the requirements of title III which are first 
imposed on the State pursuant to the amendments 
made by section 2 of the Voter Confidence and In-
creased Accessibility Act of 2007, or to otherwise mod-
ify or replace its voting systems in response to such 
amendments.’’. 
(2) USE OF REVISED FORMULA FOR ALLOCATION 
OF FUNDS.—Section 252(b) of such Act (42 U.S.C. 
15402(b)) is amended to read as follows: 
‘‘(b) STATE ALLOCATION PERCENTAGE DEFINED.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), the ‘State allocation percentage’ for a State 
is the amount (expressed as a percentage) equal to the 
quotient of— 
‘‘(A) the voting age population of the State 
(as reported in the most recent decennial census); 
and 
‘‘(B) the total voting age population of all 
States (as reported in the most recent decennial 
census). 
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‘‘(2) SPECIAL RULE FOR PAYMENTS FOR FISCAL 
YEAR 2007.— 
‘‘(A) IN GENERAL.—In the case of the re-
quirements payment made to a State for fiscal 
year 2007, the ‘State allocation percentage’ for a 
State is the amount (expressed as a percentage) 
equal to the quotient of— 
‘‘(i) the sum of the number of non-
compliant precincts in the State and 50% 
of the number of partially noncompliant 
precincts in the State; and 
‘‘(ii) the sum of the number of non-
compliant precincts in all States and 50% 
of the number of partially noncompliant 
precincts in all States. 
‘‘(B) NONCOMPLIANT PRECINCT DEFINED.— 
In this paragraph, a ‘noncompliant precinct’ 
means any precinct (or equivalent location) 
within a State for which the voting system used 
to administer the regularly scheduled general 
election for Federal office held in November 2006 
did not meet either of the requirements described 
in subparagraph (D). 
‘‘(C) PARTIALLY NONCOMPLIANT PRECINCT 
DEFINED.—In this paragraph, a ‘partially non-
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compliant precinct’ means any precinct (or 
equivalent location) within a State for which the 
voting system used to administer the regularly 
scheduled general election for Federal office held 
in November 2006 met only one of the require-
ments described in subparagraph (D). 
‘‘(D) REQUIREMENTS DESCRIBED.—The re-
quirements described in this subparagraph with 
respect to a voting system are as follows: 
‘‘(i) The primary voting system re-
quired the use of or produced durable paper 
ballots 
(as 
described 
in 
section 
301(a)(12)(A)) for every vote cast. 
‘‘(ii) The voting system provided that 
the 
entire 
process 
of 
paper 
ballot 
verification was equipped for individuals 
with disabilities.’’. 
(3) INCREASE
IN
STATE
MINIMUM
SHARE
OF 
PAYMENT.—Section 252(c) of such Act (42 U.S.C. 
15402(c)) is amended— 
(A) in paragraph (1), by inserting after 
‘‘one-half of 1 percent’’ the following: ‘‘(or, in the 
case of the payment made for fiscal year 2007, 
1 percent)’’; and 
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(B) in paragraph (2), by inserting after 
‘‘one-tenth of 1 percent’’ the following: ‘‘(or, in 
the case of the payment made for fiscal year 
2007, one-half of 1 percent)’’. 
(4) REVISED
CONDITIONS
FOR
RECEIPT
OF 
FUNDS.—Section 253 of such Act (42 U.S.C. 15403) 
is amended— 
(A) in subsection (a), by striking ‘‘A State 
is eligible’’ and inserting ‘‘Except as provided in 
subsection (f), a State is eligible’’; and 
(B) by adding at the end the following new 
subsection: 
‘‘(f) SPECIAL RULE FOR FISCAL YEAR 2007.— 
‘‘(1) IN GENERAL.—Notwithstanding any other 
provision of this part, a State is eligible to receive a 
requirements payment for fiscal year 2007 if, not 
later than 90 days after the date of the enactment of 
the Voter Confidence and Increased Accessibility Act 
of 2007, the chief executive officer of the State, or des-
ignee, in consultation and coordination with the chief 
State election official— 
‘‘(A) certifies to the Commission the number 
of noncompliant and partially noncompliant 
precincts in the State (as defined in section 
252(b)(2)); and 
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‘‘(B) files a statement with the Commission 
describing the State’s need for the payment and 
how the State will use the payment to meet the 
requirements of title III (in accordance with the 
limitations applicable to the use of the payment 
under section 257(a)(4)). 
‘‘(2) CERTIFICATIONS BY STATES THAT REQUIRE 
CHANGES TO STATE LAW.—In the case of a State that 
requires State legislation to carry out any activity 
covered by any certification submitted under this sub-
section, the State shall be permitted to make the cer-
tification notwithstanding that the legislation has not 
been enacted at the time the certification is submitted 
and such State shall submit an additional certifi-
cation once such legislation is enacted.’’. 
(5) PERMITTING
USE
OF
FUNDS
FOR
REIM-
BURSEMENT
FOR
COSTS
PREVIOUSLY
INCURRED.— 
Section 251(c)(1) of such Act (42 U.S.C. 15401(c)(1)) 
is amended by striking the period at the end and in-
serting the following: ‘‘, or as a reimbursement for 
any costs incurred in meeting the requirements of 
title III which are imposed pursuant to the amend-
ments made by section 2 of the Voter Confidence and 
Increased Accessibility Act of 2007 or in otherwise 
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modifying or replacing voting systems in response to 
such amendments.’’. 
(6) RULE OF CONSTRUCTION REGARDING STATES 
RECEIVING
OTHER
FUNDS
FOR
REPLACING
PUNCH 
CARD, LEVER, OR OTHER VOTING MACHINES.—Noth-
ing in the amendments made by this subsection or in 
any other provision of the Help America Vote Act of 
2002 may be construed to prohibit a State which re-
ceived or was authorized to receive a payment under 
title I or II of such Act for replacing punch card, 
lever, or other voting machines from receiving or 
using any funds which are made available under the 
amendments made by this subsection. 
(7) EFFECTIVE DATE.—The amendments made 
by this subsection shall apply with respect to fiscal 
years beginning with fiscal year 2007. 
(e) EFFECTIVE DATE FOR NEW REQUIREMENTS.— 
Section 301(d) of such Act (42 U.S.C. 15481(d)) is amended 
to read as follows: 
‘‘(d) EFFECTIVE DATE.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), each State and jurisdiction shall be re-
quired to comply with the requirements of this section 
on and after January 1, 2006. 
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‘‘(2) SPECIAL
RULE
FOR
CERTAIN
REQUIRE-
MENTS.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), the requirements of this sec-
tion which are first imposed on a State and ju-
risdiction pursuant to the amendments made by 
section 2 of the Voter Confidence and Increased 
Accessibility Act of 2007 shall apply with respect 
to the regularly scheduled general election for 
Federal office held in November 2008 and each 
succeeding election for Federal office. 
‘‘(B) DELAY
FOR
JURISDICTIONS
USING 
CERTAIN PAPER BALLOT PRINTERS OR CERTAIN 
PAPER
BALLOT-EQUIPPED
ACCESSIBLE
MA-
CHINES IN 2006.— 
‘‘(i) DELAY.—In the case of a jurisdic-
tion described in clause (ii), subparagraph 
(A) shall apply to the jurisdiction as if the 
reference in such subparagraph to ‘the regu-
larly scheduled general election for Federal 
office held in November 2008 and each suc-
ceeding election for Federal office’ were a 
reference to ‘elections for Federal office oc-
curring during 2010 and each succeeding 
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year’, but only with respect to the following 
requirements of this section: 
‘‘(I) Paragraph (3)(B)(ii)(I) and 
(II) of subsection (a) (relating to access 
to verification from the durable paper 
ballot). 
‘‘(II) Paragraph (12) of sub-
section (a) (relating to durability and 
readability requirements for ballots). 
‘‘(ii) JURISDICTIONS
DESCRIBED.—A 
jurisdiction described in this clause is— 
‘‘(I) a jurisdiction which used 
thermal reel-to-reel voter verified paper 
ballot printers attached to direct re-
cording electronic voting machines for 
the administration of the regularly 
scheduled general election for Federal 
office held in November 2006 and 
which will continue to use such print-
ers attached to such voting machines 
for the administration of elections for 
Federal office held in 2008; or 
‘‘(II) a jurisdiction which used 
voting machines which met the accessi-
bility requirements of paragraph (3) of 
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subsection (a) (as in effect with respect 
to such election) for the administration 
of the regularly scheduled general elec-
tion for Federal office held in Novem-
ber 2006 and which used or produced 
a paper ballot, and which will con-
tinue to use such voting machines for 
the administration of elections for Fed-
eral office held in 2008.’’. 
SEC. 3. ENHANCEMENT OF ENFORCEMENT OF HELP AMER-
ICA VOTE ACT OF 2002. 
Section 401 of such Act (42 U.S.C. 15511) is amend-
ed— 
(1) by striking ‘‘The Attorney General’’ and in-
serting ‘‘(a) IN GENERAL.—The Attorney General’’; 
and 
(2) by adding at the end the following new sub-
sections: 
‘‘(b) FILING OF COMPLAINTS BY AGGRIEVED PER-
SONS.— 
‘‘(1) IN GENERAL.—A person who is aggrieved 
by a violation of section 301, 302, or 303 which has 
occurred, is occurring, or is about to occur may file 
a written, signed, notarized complaint with the Attor-
ney General describing the violation and requesting 
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the Attorney General to take appropriate action 
under this section. 
‘‘(2) RESPONSE
BY
ATTORNEY
GENERAL.—The 
Attorney General shall respond to each complaint 
filed under paragraph (1), in accordance with proce-
dures established by the Attorney General that require 
responses and determinations to be made within the 
same (or shorter) deadlines which apply to a State 
under the State-based administrative complaint pro-
cedures described in section 402(a)(2). 
‘‘(c) CLARIFICATION
OF AVAILABILITY
OF PRIVATE 
RIGHT OF ACTION.—Nothing in this section may be con-
strued to prohibit any person from bringing an action 
under section 1979 of the Revised Statutes of the United 
States (42 U.S.C. 1983) (including any individual who 
seeks to enforce the individual’s right to a voter-verified 
paper ballot, the right to have the voter-verified paper ballot 
counted in accordance with this Act, or any other right 
under subtitle A of title III) to enforce the uniform and 
nondiscriminatory election technology and administration 
requirements under sections 301, 302, and 303. 
‘‘(d) NO EFFECT ON STATE PROCEDURES.—Nothing 
in this section may be construed to affect the availability 
of the State-based administrative complaint procedures re-
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quired under section 402 to any person filing a complaint 
under this subsection.’’. 
SEC. 4. REQUIREMENT FOR MANDATORY MANUAL AUDITS 
BY HAND COUNT. 
(a) MANDATORY MANUAL AUDITS.—Title III of the 
Help America Vote Act of 2002 (42 U.S.C. 15481 et seq.) 
is amended by adding at the end the following new subtitle: 
‘‘Subtitle C—Mandatory Manual 
Audits 
‘‘SEC. 321. REQUIRING AUDITS OF RESULTS OF ELECTIONS. 
‘‘(a) REQUIRING AUDITS.— 
‘‘(1) IN GENERAL.—In accordance with this sub-
title, each State shall administer, without advance no-
tice to the precincts selected, audits of the results of 
elections for Federal office held in the State (and, at 
the option of the State or jurisdiction involved, of 
elections for State and local office held at the same 
time as such election) consisting of random hand 
counts of the voter-verified paper ballots required to 
be produced and preserved pursuant to section 
301(a)(2). 
‘‘(2) EXCEPTION FOR CERTAIN ELECTIONS.—A 
State shall not be required to administer an audit of 
the results of an election for Federal office under this 
subtitle if the winning candidate in the election— 
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‘‘(A) had no opposition on the ballot; or 
‘‘(B) received 80% or more of the total 
number of votes cast in the election, as deter-
mined on the basis of the final unofficial vote 
count. 
‘‘(b) DETERMINATION OF ENTITY CONDUCTING AU-
DITS; APPLICATION
OF
GAO INDEPENDENCE
STAND-
ARDS.—The State shall administer audits under this sub-
title through an entity selected for such purpose by the State 
in accordance with such criteria as the State considers ap-
propriate consistent with the requirements of this subtitle, 
except that the entity must meet the general standards es-
tablished by the Comptroller General to ensure the inde-
pendence (including the organizational independence) of en-
tities performing financial audits, attestation engagements, 
and performance audits under generally accepted govern-
ment accounting standards. 
‘‘(c) REFERENCES TO ELECTION AUDITOR.—In this 
subtitle, the term ‘Election Auditor’ means, with respect to 
a State, the entity selected by the State under subsection 
(b). 
‘‘SEC. 322. NUMBER OF BALLOTS COUNTED UNDER AUDIT. 
‘‘(a) IN GENERAL.—Except as provided in subsection 
(b), the number of voter-verified paper ballots which will 
be subject to a hand count administered by the Election 
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Auditor of a State under this subtitle with respect to an 
election shall be determined as follows: 
‘‘(1) In the event that the unofficial count as de-
scribed in section 323(a)(1) reveals that the margin 
of victory between the two candidates receiving the 
largest number of votes in the election is less than 1 
percent of the total votes cast in that election, the 
hand counts of the voter-verified paper ballots shall 
occur in at least 10 percent of all precincts or equiva-
lent locations (or alternative audit units used in ac-
cordance with the method provided for under sub-
section (b)) in the Congressional district involved (in 
the case of an election for the House of Representa-
tives) or the State (in the case of any other election 
for Federal office). 
‘‘(2) In the event that the unofficial count as de-
scribed in section 323(a)(1) reveals that the margin 
of victory between the two candidates receiving the 
largest number of votes in the election is greater than 
or equal to 1 percent but less than 2 percent of the 
total votes cast in that election, the hand counts of the 
voter-verified paper ballots shall occur in at least 5 
percent of all precincts or equivalent locations (or al-
ternative audit units used in accordance with the 
method provided for under subsection (b)) in the Con-
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gressional district involved (in the case of an election 
for the House of Representatives) or the State (in the 
case of any other election for Federal office). 
‘‘(3) In the event that the unofficial count as de-
scribed in section 323(a)(1) reveals that the margin 
of victory between the two candidates receiving the 
largest number of votes in the election is equal to or 
greater than 2 percent of the total votes cast in that 
election, the hand counts of the voter-verified paper 
ballots shall occur in at least 3 percent of all pre-
cincts or equivalent locations (or alternative audit 
units used in accordance with the method provided 
for under subsection (b)) in the Congressional district 
involved (in the case of an election for the House of 
Representatives) or the State (in the case of any other 
election for Federal office). 
‘‘(b) USE OF ALTERNATIVE MECHANISM.—Notwith-
standing subsection (a), a State may adopt and apply an 
alternative mechanism to determine the number of voter- 
verified paper ballots which will be subject to the hand 
counts required under this subtitle with respect to an elec-
tion, so long as the alternative mechanism uses the voter- 
verified paper ballots to conduct the audit and the National 
Institute of Standards and Technology determines that the 
alternative mechanism will be at least as statistically effec-
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tive in ensuring the accuracy of the election results as the 
procedure under this subtitle. 
‘‘SEC. 323. PROCESS FOR ADMINISTERING AUDITS. 
‘‘(a) IN GENERAL.—The Election Auditor of a State 
shall administer an audit under this section of the results 
of an election in accordance with the following procedures: 
‘‘(1) Within 24 hours after the State announces 
the final unofficial vote count (as defined by the 
State) in each precinct in the State, the Election 
Auditor shall determine and then announce the pre-
cincts in the State in which it will administer the au-
dits. 
‘‘(2) With respect to votes cast at the precinct or 
equivalent location on or before the date of the election 
(other than provisional ballots described in paragraph 
(3)), the Election Auditor shall administer the hand 
count of the votes on the voter-verified paper ballots 
required to be produced and preserved under section 
301(a)(2)(A) and the comparison of the count of the 
votes on those ballots with the final unofficial count 
of such votes as announced by the State. 
‘‘(3) With respect to votes cast other than at the 
precinct on the date of the election (other than votes 
cast before the date of the election described in para-
graph (2)) or votes cast by provisional ballot on the 
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date of the election which are certified and counted by 
the State on or after the date of the election, including 
votes cast by absent uniformed services voters and 
overseas voters under the Uniformed and Overseas 
Citizens Absentee Voting Act, the Election Auditor 
shall administer the hand count of the votes on the 
applicable voter-verified paper ballots required to be 
produced and preserved under section 301(a)(2)(A) 
and the comparison of the count of the votes on those 
ballots with the final unofficial count of such votes as 
announced by the State. 
‘‘(b) USE
OF ELECTION PERSONNEL.—In admin-
istering the audits, the Election Auditor may utilize the 
services of election administration personnel of the State or 
jurisdiction, including poll workers, without regard to 
whether or not the personnel have professional auditing ex-
perience. 
‘‘(c) LOCATION.—The Election Auditor shall admin-
ister an audit of an election at the location where the ballots 
cast in the election are stored and counted after the date 
of the election, and in the presence of those personnel who 
under State law are responsible for the custody of the bal-
lots. 
‘‘(d) SPECIAL RULE IN CASE OF DELAY IN REPORTING 
ABSENTEE VOTE COUNT.—In the case of a State in which 
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the final count of absentee and provisional votes is not an-
nounced until after the expiration of the 7-day period which 
begins on the date of the election, the Election Auditor shall 
initiate the process described in subsection (a) for admin-
istering the audit not later than 24 hours after the State 
announces the final unofficial vote count for the votes cast 
at the precinct or equivalent location on or before the date 
of the election, and shall initiate the administration of the 
audit of the absentee and provisional votes pursuant to sub-
section (a)(3) not later than 24 hours after the State an-
nounces the final unofficial count of such votes. 
‘‘(e) ADDITIONAL AUDITS IF CAUSE SHOWN.— 
‘‘(1) IN GENERAL.—If the Election Auditor finds 
that any of the hand counts administered under this 
section do not match the final unofficial tally of the 
results of an election, the Election Auditor shall ad-
minister hand counts under this section of such addi-
tional precincts (or equivalent jurisdictions) as the 
Election Auditor considers appropriate to resolve any 
concerns resulting from the audit and ensure the ac-
curacy of the results. 
‘‘(2) ESTABLISHMENT AND PUBLICATION OF PRO-
CEDURES GOVERNING ADDITIONAL AUDITS.—Not later 
than August 1, 2008, each State shall establish and 
publish procedures for carrying out the additional au-
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dits under this subsection, including the means by 
which the State shall resolve any concerns resulting 
from the audit with finality and ensure the accuracy 
of the results. 
‘‘(f) PUBLIC OBSERVATION OF AUDITS.—Each audit 
conducted under this section shall be conducted in a manner 
that allows public observation of the entire process. 
‘‘SEC. 324. SELECTION OF PRECINCTS. 
‘‘(a) IN GENERAL.—Except as provided in subsection 
(c), the selection of the precincts in the State in which the 
Election Auditor of the State shall administer the hand 
counts under this subtitle shall be made by the Election 
Auditor on an entirely random basis using a uniform dis-
tribution in which all precincts in a Congressional district 
have an equal chance of being selected, in accordance with 
procedures adopted by the Commission, except that at least 
one precinct shall be selected at random in each county. 
‘‘(b) PUBLIC SELECTION.—The random selection of 
precincts under subsection (a) shall be conducted in public, 
at a time and place announced in advance. 
‘‘(c) MANDATORY SELECTION OF PRECINCTS ESTAB-
LISHED SPECIFICALLY FOR ABSENTEE BALLOTS.—If a 
State establishes a separate precinct for purposes of count-
ing the absentee ballots cast in an election and treats all 
absentee ballots as having been cast in that precinct, and 
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if the state does not make absentee ballots sortable by pre-
cinct and include those ballots in the hand count adminis-
tered with respect to that precinct, the State shall include 
that precinct among the precincts in the State in which 
the Election Auditor shall administer the hand counts 
under this subtitle. 
‘‘(d) DEADLINE FOR ADOPTION OF PROCEDURES BY 
COMMISSION.—The Commission shall adopt the procedures 
described in subsection (a) not later than March 31, 2008, 
and shall publish them in the Federal Register upon adop-
tion. 
‘‘SEC. 325. PUBLICATION OF RESULTS. 
‘‘(a) SUBMISSION TO COMMISSION.—As soon as prac-
ticable after the completion of an audit under this subtitle, 
the Election Auditor of a State shall submit to the Commis-
sion the results of the audit, and shall include in the sub-
mission a comparison of the results of the election in the 
precinct as determined by the Election Auditor under the 
audit and the final unofficial vote count in the precinct 
as announced by the State and all undervotes, overvotes, 
blank ballots, and spoiled, voided or cancelled ballots, as 
well as a list of any discrepancies discovered between the 
initial, subsequent, and final hand counts administered by 
the Election Auditor and such final unofficial vote count 
and any explanation for such discrepancies, broken down 
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by the categories of votes described in paragraphs (2) and 
(3) of section 323(a). 
‘‘(b) PUBLICATION
BY
COMMISSION.—Immediately 
after receiving the submission of the results of an audit from 
the Election Auditor of a State under subsection (a), the 
Commission shall publicly announce and publish the infor-
mation contained in the submission. 
‘‘(c) DELAY
IN
CERTIFICATION
OF
RESULTS
BY 
STATE.— 
‘‘(1) PROHIBITING CERTIFICATION UNTIL COM-
PLETION OF AUDITS.—No State may certify the re-
sults of any election which is subject to an audit 
under this subtitle prior to— 
‘‘(A) to the completion of the audit (and, if 
required, any additional audit conducted under 
section 323(d)(1)) and the announcement and 
submission of the results of each such audit to 
the Commission for publication of the informa-
tion required under this section; and 
‘‘(B) the completion of any procedure estab-
lished by the State pursuant to section 323(d)(2) 
to resolve discrepancies and ensure the accuracy 
of results. 
‘‘(2) DEADLINE FOR COMPLETION OF AUDITS OF 
PRESIDENTIAL ELECTIONS.—In the case of an election 
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for electors for President and Vice President which is 
subject to an audit under this subtitle, the State shall 
complete the audits and announce and submit the re-
sults to the Commission for publication of the infor-
mation required under this section in time for the 
State to certify the results of the election and provide 
for the final determination of any controversy or con-
test concerning the appointment of such electors prior 
to the deadline described in section 6 of title 3, 
United States Code. 
‘‘SEC. 326. PAYMENTS TO STATES. 
‘‘(a) PAYMENTS FOR COSTS
OF CONDUCTING AU-
DITS.—In accordance with the requirements and procedures 
of this section, the Commission shall make a payment to 
a State to cover the costs incurred by the State in carrying 
out this subtitle with respect to the elections that are the 
subject of the audits conducted under this subtitle. 
‘‘(b) CERTIFICATION
OF COMPLIANCE
AND ANTICI-
PATED COSTS.— 
‘‘(1) CERTIFICATION REQUIRED.—In order to re-
ceive a payment under this section, a State shall sub-
mit to the Commission, in such form as the Commis-
sion may require, a statement containing— 
‘‘(A) a certification that the State will con-
duct the audits required under this subtitle in 
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accordance with all of the requirements of this 
subtitle; 
‘‘(B) a notice of the reasonable costs in-
curred or the reasonable costs anticipated to be 
incurred by the State in carrying out this sub-
title with respect to the elections involved; and 
‘‘(C) such other information and assurances 
as the Commission may require. 
‘‘(2) AMOUNT OF PAYMENT.—The amount of a 
payment made to a State under this section shall be 
equal to the reasonable costs incurred or the reason-
able costs anticipated to be incurred by the State in 
carrying out this subtitle with respect to the elections 
involved, as set forth in the statement submitted 
under paragraph (1). 
‘‘(3) TIMING OF NOTICE.—The State may not 
submit a notice under paragraph (1) until candidates 
have been selected to appear on the ballot for all of 
the elections for Federal office which will be the sub-
ject of the audits involved. 
‘‘(c) TIMING OF PAYMENTS.—The Commission shall 
make the payment required under this section to a State 
not later than 30 days after receiving the notice submitted 
by the State under subsection (b). 
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‘‘(d) RECOUPMENT OF OVERPAYMENTS.—No payment 
may be made to a State under this section unless the State 
agrees to repay to the Commission the excess (if any) of— 
‘‘(1) the amount of the payment received by the 
State under this section with respect to the elections 
involved; over 
‘‘(2) the actual costs incurred by the State in 
carrying out this subtitle with respect to the elections 
involved. 
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There are 
authorized to be appropriated to the Commission for fiscal 
year 2008 and each succeeding fiscal year $100,000,000 for 
payments under this section. 
‘‘SEC. 327. EXCEPTION FOR ELECTIONS SUBJECT TO RE-
COUNT UNDER STATE LAW PRIOR TO CER-
TIFICATION. 
‘‘(a) EXCEPTION.—This subtitle does not apply to any 
election for which a recount under State law will commence 
prior to the certification of the results of the election, includ-
ing but not limited to a recount required automatically be-
cause of the margin of victory between the two candidates 
receiving the largest number of votes in the election, but 
only if each of the following applies to the recount: 
‘‘(1) The recount commences prior to the deter-
mination and announcement by the Election Auditor 
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under section 323(a)(1) of the precincts in the State 
in which it will administer the audits under this sub-
title. 
‘‘(2) If the recount would apply to fewer than 
100% of the ballots cast in the election— 
‘‘(A) the number of ballots counted will be 
at least as many as would be counted if an audit 
were conducted with respect to the election in ac-
cordance with this subtitle; and 
‘‘(B) the selection of the precincts in which 
the recount will be conducted will be made in ac-
cordance with the random selection procedures 
applicable under section 324. 
‘‘(3) The recount for the election meets the re-
quirements of section 323(e) (relating to public obser-
vation). 
‘‘(4) The State meets the requirements of section 
325 (relating to the publication of results and the 
delay in the certification of results) with respect to 
the recount. 
‘‘(b) CLARIFICATION OF EFFECT ON OTHER REQUIRE-
MENTS.—Nothing in this section may be construed to waive 
the application of any other provision of this Act to any 
election (including the requirement set forth in section 
301(a)(2) that the voter verified paper ballots serve as the 
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vote of record and shall be counted by hand in all audits 
and recounts, including audits and recounts described in 
this subtitle). 
‘‘SEC. 328. EFFECTIVE DATE. 
‘‘This subtitle shall apply with respect to elections for 
Federal office beginning with the regularly scheduled gen-
eral elections held in November 2008.’’. 
(b) AVAILABILITY OF ENFORCEMENT UNDER HELP 
AMERICA VOTE ACT OF 2002.—Section 401 of such Act (42 
U.S.C. 15511), as amended by section 3, is amended— 
(1) in subsection (a), by striking the period at 
the end and inserting the following: ‘‘, or the require-
ments of subtitle C of title III.’’; 
(2) in subsection (b)(1), by striking ‘‘303’’ and 
inserting ‘‘303, or subtitle C of title III,’’; and 
(3) in subsection (c)— 
(A) by striking ‘‘subtitle A’’ and inserting 
‘‘subtitles A or C’’, and 
(B) by striking the period at the end and 
inserting the following: ‘‘, or the requirements of 
subtitle C of title III.’’. 
(c) GUIDANCE ON BEST PRACTICES FOR ALTERNATIVE 
AUDIT MECHANISMS.— 
(1) IN GENERAL.—Not later than May 1, 2008, 
the Director of the National Institute for Standards 
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and Technology shall establish guidance for States 
that wish to establish alternative audit mechanisms 
under section 322(b) of the Help America Vote Act of 
2002 (as added by subsection (a)). Such guidance 
shall be based upon scientifically and statistically 
reasonable assumptions for the purpose of creating an 
alternative audit mechanism that will be at least as 
effective in ensuring the accuracy of election results 
and as transparent as the procedure under subtitle C 
of title III of such Act (as so added). 
(2) AUTHORIZATION
OF
APPROPRIATIONS.— 
There are authorized to be appropriated to carry out 
paragraph (1) $100,000, to remain available until ex-
pended. 
(d) CLERICAL AMENDMENT.—The table of contents of 
such Act is amended by adding at the end of the items relat-
ing to title III the following: 
‘‘Subtitle C—Mandatory Manual Audits 
‘‘Sec. 321. Requiring audits of results of elections. 
‘‘Sec. 322. Number of ballots counted under audit. 
‘‘Sec. 323. Process for administering audits. 
‘‘Sec. 324. Selection of precincts. 
‘‘Sec. 325. Publication of results. 
‘‘Sec. 326. Payments to States. 
‘‘Sec. 327. Exception for elections subject to recount under State law prior to cer-
tification. 
‘‘Sec. 328. Effective date.’’. 
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SEC. 5. REPEAL OF EXEMPTION OF ELECTION ASSISTANCE 
COMMISSION FROM CERTAIN GOVERNMENT 
CONTRACTING REQUIREMENTS. 
(a) IN GENERAL.—Section 205 of the Help America 
Vote Act of 2002 (42 U.S.C. 15325) is amended by striking 
subsection (e). 
(b) EFFECTIVE DATE.—The amendment made by sub-
section (a) shall apply with respect to contracts entered into 
by the Election Assistance Commission on or after the date 
of the enactment of this Act. 
SEC. 6. EFFECTIVE DATE. 
Except as otherwise provided, this Act and the amend-
ments made by this Act shall apply with respect to the regu-
larly scheduled general election for Federal office in Novem-
ber 2008 and each succeeding election for Federal office. 
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Union Calendar No. 91 
110TH CONGRESS 
1ST SESSION 
H. R. 811 
[Report No. 110–154] 
A BILL 
To amend the Help America Vote Act of 2002 to 
require a voter-verified permanent paper ballot 
under title III of such Act, and for other pur-
poses. 
MAY 16, 2007 
Reported with an amendment, committed to the Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed 
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