ing device or system, or a paper ballot pro-
duced by a touch screen or other electronic 
voting machine, so long as in each case the 
voter is permitted to verify the ballot in a 
paper form in accordance with this sub-
paragraph. 
‘‘(II) The voting system shall provide 
the voter with an opportunity to correct 
any error made by the system in the voter- 
verified paper ballot before the permanent 
voter-verified paper ballot is preserved in 
accordance with clause (ii). 
‘‘(III) The voting system shall not 
preserve the voter-verified paper ballots in 
any manner that makes it possible, at any 
time after the ballot has been cast, to asso-
ciate a voter with the record of the voter’s 
vote. 
‘‘(ii) 
PRESERVATION.—The 
voter- 
verified paper ballot produced in accord-
ance with clause (i) shall be used as the of-
ficial ballot for purposes of any recount or 
audit conducted with respect to any elec-
tion for Federal office in which the voting 
system is used, and shall be preserved in 
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accordance with regulations promulgated 
by the Commission to establish criteria for 
the proper preservation and retention of 
the official ballots in the election. 
‘‘(iii) MANUAL
AUDIT
CAPACITY.— 
Each paper ballot produced pursuant to 
clause (i) shall be suitable for a manual 
audit equivalent to that of a paper ballot 
voting system, in accordance with the 
methods described in subparagraph (B). 
‘‘(B) APPROVED
METHODS
FOR
MANUAL 
AUDITS.—The methods described in this sub-
paragraph with respect to the manual audit of 
voter-verified paper ballots are— 
‘‘(i) audits conducted through the use 
of programmable electronic counting ma-
chines which are not capable of being con-
nected to the Internet, as determined in 
accordance with regulations promulgated 
by the Commission; or 
‘‘(ii) if no machine described in clause 
(i) is available, an audit conducted by a 
hand count. 
‘‘(C) RESOLUTION
OF
DISPUTES
WHEN 
PAPER
BALLOTS
HAVE
BEEN
SHOWN
TO
BE 
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COMPROMISED.—In the event that the paper 
ballots produced pursuant to subparagraph (A) 
with respect to an election for Federal office 
have been compromised, the State shall resolve 
the dispute over the results of the election in 
accordance with dispute resolution processes es-
tablished under regulations promulgated by the 
Commission. 
‘‘(D) DEADLINE FOR PROMULGATION OF 
REGULATIONS.—The Commission shall promul-
gate the regulations described in this paragraph 
not later than 3 months after the date of the 
enactment of the Securing America’s Elections 
Act of 2021.’’. 
(2) CONFORMING AMENDMENT CLARIFYING AP-
PLICABILITY OF ALTERNATIVE LANGUAGE ACCESSI-
BILITY.—Section 301(a)(4) of such Act (52 U.S.C. 
21081(a)(4)) is amended by inserting ‘‘(including 
the paper ballots required to be produced under 
paragraph (2))’’ after ‘‘voting system’’. 
(3) OTHER CONFORMING AMENDMENTS.—Sec-
tion 301(a)(1) of such Act (52 U.S.C. 21081(a)(1)) 
is amended— 
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(A) in subparagraph (A)(i), by striking 
‘‘counted’’ and inserting ‘‘counted, in accord-
ance with paragraphs (2) and (3)’’; 
(B) in subparagraph (A)(ii), by striking 
‘‘counted’’ and inserting ‘‘counted, in accord-
ance with paragraphs (2) and (3)’’; 
(C) in subparagraph (A)(iii), by striking 
‘‘counted’’ each place it appears and inserting 
‘‘counted, in accordance with paragraphs (2) 
and (3)’’; and 
(D) in subparagraph (B)(ii), by striking 
‘‘counted’’ and inserting ‘‘counted, in accord-
ance with paragraphs (2) and (3)’’. 
(b) AVAILABILITY OF ADDITIONAL FUNDING TO EN-
ABLE STATES TO MEET COSTS OF REVISED REQUIRE-
MENT.— 
(1) EXTENSION OF REQUIREMENTS PAYMENTS 
FOR
MEETING
REVISED
REQUIREMENT; AMOUNTS 
DEEMED TO MEET REQUIREMENTS FOR EMERGENCY 
FUNDING.—Section 257(a) of such Act (52 U.S.C. 
21007(a)) is amended by adding at the end the fol-
lowing new paragraph: 
‘‘(5) For fiscal year 2021 and fiscal year 2022, 
such sums as may be necessary to enable States to 
meet the requirements of section 301(a)(2) which 
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are first imposed on the State pursuant to the 
amendments made by section 2(a) of the Securing 
America’s Elections Act of 2021. Any amount ap-
propriated pursuant to the authorization under this 
paragraph shall be designated by the Congress as 
being for an emergency requirement pursuant to sec-
tion 251(b)(2)(A)(i) of the Balanced Budget and 
Emergency Deficit Control Act of 1985.’’. 
(2) AMOUNT OF PAYMENT BASED ON COSTS IN-
CURRED
IN
MEETING
REVISED
REQUIREMENTS.— 
Section 252 of such Act (52 U.S.C. 21002) is 
amended— 
(A) in subsection (a), by striking ‘‘sub-
section (c)’’ and inserting ‘‘subsections (c) and 
(e)’’; 
(B) by redesignating subsection (e) as sub-
section (f); and 
(C) by inserting after subsection (d) the 
following new subsection: 
‘‘(e) SPECIAL RULE FOR FISCAL YEAR 2021 AND 
FISCAL YEAR 2022.— 
‘‘(1) COVERAGE
OF
COSTS
OF
MEETING
RE-
VISED BALLOT VERIFICATION AND AUDIT CAPACITY 
REQUIREMENTS.—The amount of a requirements 
payment made to a State from funds appropriated 
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for fiscal year 2021 and fiscal year 2022 shall be 
equal to the State’s estimate of the reasonable costs 
the State expects to incur to meet the requirements 
referred to in paragraph (3), as contained in the 
statement filed by the State with the Commission 
under section 253(f)(1)(A)(ii). 
‘‘(2) RECOUPMENT OF OVERPAYMENTS.—If a 
State receives a requirements payment from funds 
appropriated for fiscal year 2020, the State shall 
agree to repay to the Commission the excess (if any) 
of— 
‘‘(A) the amount of the payment; over 
‘‘(B) the actual costs incurred by the State 
in meeting the requirements referred to in para-
graph (3), as contained in the statement filed 
by the State with the Commission under section 
253(f)(1)(B). 
‘‘(3) REQUIREMENTS
DESCRIBED.—The re-
quirements referred to in this paragraph are the re-
quirements of section 301(a)(2) (relating to ballot 
verification and audit capacity) which are first im-
posed on the State pursuant to the amendments 
made by section 2(a) of the Securing America’s 
Elections Act of 2021.’’. 
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(3) REVISED
CONDITIONS
FOR
RECEIPT
OF 
FUNDS.—Section 253 of such Act (52 U.S.C. 
21003) 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 2021 AND 
FISCAL YEAR 2022.— 
‘‘(1) IN GENERAL.—Notwithstanding any other 
provision of this part, a State is eligible to receive 
a requirements payment from funds appropriated for 
fiscal year 2021 and fiscal year 2022 if, at any time 
after the funds are appropriated, the chief executive 
officer of the State, or designee, in consultation and 
coordination with the chief State election official— 
‘‘(A) files a statement with the Commis-
sion— 
‘‘(i) describing how the State will use 
the payment to meet the requirements of 
section 
301(a)(2) 
(relating 
to 
ballot 
verification and audit capacity) which are 
first imposed on the State pursuant to the 
amendment made by section 2(a) of the 
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Securing America’s Elections Act of 2021, 
and 
‘‘(ii) containing the State’s estimate 
of the reasonable costs the State expects to 
incur to meet such requirements; and 
‘‘(B) certifies to the Commission that, 
upon completing the replacement or upgrading 
of its voting systems to meet such require-
ments, the State will file a statement with the 
Commission containing the actual costs in-
curred by the State in meeting such require-
ments. 
‘‘(2) CERTIFICATIONS
BY
STATES
THAT
RE-
QUIRE 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 subsection, the State shall be permitted to make 
the certification notwithstanding that the legislation 
has not been enacted at the time the certification is 
submitted and such State shall submit an additional 
certification once such legislation is enacted.’’. 
(4) PERMITTING
USE
OF
FUNDS
FOR
REIM-
BURSEMENT FOR COSTS PREVIOUSLY INCURRED.— 
Section 
251(c)(1) 
of 
such 
Act 
(52 
U.S.C. 
21001(c)(1)) is amended by striking the period at 
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the end and inserting the following: ‘‘, or as a reim-
bursement for any costs incurred in meeting the re-
quirements of section 301(a)(2) which are first im-
posed pursuant to the amendments made by section 
2(a) of the Securing America’s Elections Act of 
2021 or in otherwise replacing or upgrading voting 
systems in response to such amendments.’’. 
(5) RULE OF CONSTRUCTION REGARDING USE 
OF FUNDS TO REPLACE OR UPGRADE SYSTEMS OB-
TAINED WITH FUNDS PROVIDED PREVIOUSLY UNDER 
HELP AMERICA VOTE ACT OF 2002.—Nothing 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 from using any 
funds provided under such Act pursuant to the 
amendments made by this subsection (or any funds 
provided under such Act prior to the date of the en-
actment of this Act which remain unexpended as of 
the date of the enactment of this Act) to replace or 
upgrade a voting system purchased or otherwise ob-
tained in whole or in part using funds received 
under title I or II of the Help America Vote Act at 
any time before the date of the enactment of this 
Act. 
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(6) EFFECTIVE DATE.—The amendments made 
by this subsection shall apply with respect to fiscal 
years beginning with fiscal year 2021. 
(c) STUDY AND REPORT ON USE OF OPEN-SOURCE 
SOFTWARE IN VOTING SYSTEMS.— 
(1) STUDY.—The Secretary of Homeland Secu-
rity and the Election Assistance Commission, acting 
jointly, shall conduct a study of the feasibility and 
desirability of using open-source software in voting 
systems, based on information obtained from elec-
tions for Federal office held in 2020 through 2022. 
(2) REPORT.—Not later than July 1, 2025, the 
Secretary and the Commission shall submit to Con-
gress a report on the study conducted under para-
graph (1), and shall include in the report such rec-
ommendations as the Secretary and Commission 
consider appropriate regarding the possible use of 
open-source software in the voting systems used to 
administer elections for Federal office held in 2024. 
(3) DEVELOPMENT
AND
MAINTENANCE
OF 
SOFTWARE.—If the Secretary and the Commission 
include in the report submitted under paragraph (2) 
a recommendation that State election officials use 
open-source software in the voting systems used to 
administer elections for Federal office in the State— 
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(A) the Commission shall enter into a part-
nership with appropriate private entities, in-
cluding entities engaged in the business of 
maintaining open-source software, to develop, 
test, certify, and maintain open-source software 
for such purpose for elections held in 2028 or 
any succeeding year; and 
(B) the Commission shall ensure that such 
certified software is available without cost to 
State election officials. 
(d) EFFECTIVE DATE FOR NEW REQUIREMENTS.— 
Section 301(d) of such Act (52 U.S.C. 21081(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 sec-
tion on and after January 1, 2006. 
‘‘(2) SPECIAL
RULE
FOR
CERTAIN
REQUIRE-
MENTS.—The requirements of subsection (a)(2) 
which are first imposed on a State and jurisdiction 
pursuant to the amendments made by section 2(a) 
of the Securing America’s Elections Act of 2021 
shall apply with respect to the regularly scheduled 
general election for Federal office held in November 
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2022 and each succeeding election for Federal of-
fice.’’. 
Æ 
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