TITLE III—PROHIBITING VOTER 
CAGING 
SEC. 301. VOTER CAGING AND OTHER QUESTIONABLE 
CHALLENGES PROHIBITED. 
(a) IN GENERAL.—Chapter 29 of title 18, United 
States Code, as amended by section 141(a), is amended 
by adding at the end the following: 
‘‘§ 613. Voter caging and other questionable chal-
lenges 
‘‘(a) DEFINITIONS.—In this section— 
‘‘(1) the term ‘voter caging document’ means— 
‘‘(A) a nonforwardable document that is 
returned to the sender or a third party as unde-
livered or undeliverable despite an attempt to 
deliver such document to the address of a reg-
istered voter or applicant; or 
‘‘(B) any document with instructions to an 
addressee that the document be returned to the 
sender or a third party but is not so returned, 
despite an attempt to deliver such document to 
the address of a registered voter or applicant, 
unless at least two Federal election cycles have 
passed since the date of the attempted delivery; 
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‘‘(2) the term ‘voter caging list’ means a list of 
individuals compiled from voter caging documents; 
and 
‘‘(3) the term ‘unverified match list’ means a 
list produced by matching the information of reg-
istered voters or applicants for voter registration to 
a list of individuals who are ineligible to vote in the 
registrar’s jurisdiction, by virtue of death, convic-
tion, change of address, or otherwise; unless one of 
the pieces of information matched includes a signa-
ture, photograph, or unique identifying number en-
suring that the information from each source refers 
to the same individual. 
‘‘(b) PROHIBITION AGAINST VOTER CAGING.—No 
State or local election official shall prevent an individual 
from registering or voting in any election for Federal of-
fice, or permit in connection with any election for Federal 
office a formal challenge under State law to an individual’s 
registration status or eligibility to vote, if the basis for 
such decision is evidence consisting of— 
‘‘(1) a voter caging document or voter caging 
list; 
‘‘(2) an unverified match list; 
‘‘(3) an error or omission on any record or 
paper relating to any application, registration, or 
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other act requisite to voting, if such error or omis-
sion is not material to an individual’s eligibility to 
vote under section 2004 of the Revised Statutes, as 
amended (42 U.S.C. 1971(a)(2)(B)); or 
‘‘(4) any other evidence so designated for pur-
poses of this section by the Election Assistance Com-
mission, 
except that the election official may use such evidence if 
it is corroborated by independent evidence of the individ-
ual’s ineligibility to register or vote. 
‘‘(c) REQUIREMENTS FOR CHALLENGES BY PERSONS 
OTHER THAN ELECTION OFFICIALS.—No person, other 
than a State or local election official, shall submit a formal 
challenge to an individual’s eligibility to register to vote 
in an election for Federal office or to vote in an election 
for Federal office unless that challenge is supported by 
personal knowledge regarding the grounds for ineligibility 
which is— 
‘‘(1) documented in writing; and 
‘‘(2) subject to an oath or attestation under 
penalty of perjury that the challenger has a good 
faith factual basis to believe that the individual who 
is the subject of the challenge is ineligible to register 
to vote or vote in that election. 
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‘‘(d) PENALTIES
FOR KNOWING MISCONDUCT.— 
Whoever knowingly challenges the eligibility of one or 
more individuals to register or vote or knowingly causes 
the eligibility of such individuals to be challenged in viola-
tion of this section with the intent that one or more eligi-
ble voters be disqualified, shall be fined under this title 
or imprisoned not more than 1 year, or both, for each such 
violation. Each violation shall be a separate offense. 
‘‘(e) NO EFFECT ON RELATED LAWS.—Nothing in 
this section is intended to override the protections of the 
National Voter Registration Act of 1993 (42 U.S.C. 
1973gg et seq.) or to affect the Voting Rights Act of 1965 
(42 U.S.C. 1973 et seq.).’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
for chapter 29 of title 18, United States Code, as amended 
by section 141(b), is amended by adding at the end the 
following: 
‘‘613. Voter caging and other questionable challenges.’’. 
SEC. 302. DEVELOPMENT AND ADOPTION OF BEST PRAC-
TICES FOR PREVENTING VOTER CAGING. 
(a) BEST PRACTICES.—Not later than 180 days after 
the date of the enactment of this Act, the Election Assist-
ance Commission shall develop and publish for the use of 
States recommendations for best practices to deter and 
prevent violations of section 613 of title 18, United States 
Code, as added by section 301(a), including practices to 
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provide for the posting of relevant information at polling 
places and voter registration agencies, the training of poll 
workers and election officials, and relevant educational 
measures. For purposes of this subsection, the term 
‘‘State’’ includes the District of Columbia, the Common-
wealth of Puerto Rico, Guam, American Samoa, the 
United States Virgin Islands, and the Commonwealth of 
the Northern Mariana Islands. 
(b) INCLUSION IN VOTING INFORMATION REQUIRE-
MENTS.—Section 302(b)(2) of the Help America Vote Act 
of 2002 (42 U.S.C. 15482(b)(2)), as amended by section 
141(b), is amended— 
(1) by striking ‘‘and’’ at the end of subpara-
graph (F); 
(2) by striking the period at the end of sub-
paragraph (G) and inserting ‘‘; and’’; and 
(3) by adding at the end the following new sub-
paragraph: 
‘‘(H) information relating to the prohibi-
tion against voter caging and other questionable 
challenges (as set forth in section 613 of title 
18, United States Code), including information 
on how individuals may report allegations of 
violations of such prohibition.’’. 
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SEC. 303. SEVERABILITY. 
If any provision of this title or any amendment made 
by this title, or the application of a provision to any person 
or circumstance, is held to be unconstitutional, the re-
mainder of this title and the amendments made by this 
title, and the application of the provisions to any person 
or circumstance, shall not be affected by the holding. 
TITLE IV—PROHIBITING 
DECEPTIVE PRACTICES 
SEC. 401. PROHIBITION ON DECEPTIVE PRACTICES IN FED-
ERAL ELECTIONS. 
(a) IN GENERAL.—Chapter 29 of title 18, United 
States Code, as amended by section 141(a) and section 
301(a), is amended by adding at the end the following: 
‘‘§ 614. False election-related information in Federal 
elections 
‘‘(a) A person, including an election official, who in 
any election for Federal office knowingly and willfully de-
prives, defrauds, or attempts to deprive or defraud the 
residents of a State of their free and fair exercise of the 
right to vote by the communication of election-related in-
formation that is known by the person to be materially 
false, fictitious, or fraudulent shall be fined under this title 
or imprisoned not more than 1 year, or both. 
‘‘(b) As used in this section— 
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‘‘(1) the term ‘election for Federal office’ means 
any general, primary, runoff, or special election for 
the office of President, Vice President, presidential 
elector, Member of the Senate, Member of the House 
of Representatives, or Delegate or Resident Commis-
sioner to the Congress; and 
‘‘(2) the term ‘election-related information’ 
means any oral or written communication regard-
ing— 
‘‘(A) the time or place of an election for 
Federal office; 
‘‘(B) criminal penalties associated with 
voting in such an election; 
‘‘(C) an individual’s voter registration sta-
tus or eligibility to vote in such an election; or 
‘‘(D) the explicit endorsement by any per-
son or organization of a candidate in such an 
election.’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
for chapter 29 of title 18, United States Code, as amended 
by section 141(b) and section 301(b), is amended by add-
ing at the end the following new item: 
‘‘614. False election-related information in Federal elections.’’. 
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SEC. 402. MODIFICATION OF PENALTY FOR VOTER INTIMI-
DATION. 
Section 594 of title 18, United States Code, is 
amended by striking ‘‘one year’’ and inserting ‘‘5 years’’. 
SEC. 403. SENTENCING GUIDELINES. 
(a) REVIEW AND AMENDMENT.—Not later than 90 
days after the date of enactment of this Act, the United 
States Sentencing Commission, pursuant to its authority 
under section 994 of title 28, United States Code, and 
in accordance with this section, shall review and, if appro-
priate, amend the Federal sentencing guidelines and policy 
statements applicable to persons convicted of any offense 
under any sections of title 18, United States Code, that 
are added or modified by this Act. 
(b) AUTHORIZATION.—The United States Sentencing 
Commission may, for the purposes of the amendments 
made pursuant to this title, amend the Federal sentencing 
guidelines in accordance with the procedures set forth in 
section 21(a) of the Sentencing Act of 1987 (28 U.S.C. 
994 note) as though the authority under that section had 
not expired. 
SEC. 404. REPORTING VIOLATIONS; CORRECTIVE ACTION. 
(a) REPORTING.—Any person may submit a report 
to the Attorney General regarding any violation or possible 
violation of section 594 or section 614 of title 18, United 
States Code (as added by section 401(a)). 
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(b) CORRECTIVE ACTION.— 
(1) IN GENERAL.—Immediately after receiving 
a report under subsection (a), the Attorney General 
shall consider and review the report, and if the At-
torney General determines that there is a reasonable 
basis to find that a violation included in the report 
has occurred, the Attorney General shall— 
(A) undertake all effective measures nec-
essary to provide correct information to voters 
affected by the false information; and 
(B) refer the matter to the appropriate 
Federal and State authorities for criminal pros-
ecution or civil action after the election in-
volved. 
(2) REGULATIONS.—The Attorney General shall 
promulgate regulations regarding the methods and 
means of corrective actions to be taken under para-
graph (1). Such regulations shall be developed in 
consultation with the Election Assistance Commis-
sion, civil rights organizations, voting rights groups, 
State and local election officials, voter protection 
groups, and other interested community organiza-
tions. 
(3) STUDY AND REPORT ON METHODS OF DIS-
SEMINATING CORRECTIVE INFORMATION.— 
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(A) IN GENERAL.—The Attorney General, 
in consultation with the Federal Communica-
tions Commission and the Election Assistance 
Commission, shall conduct a study on the feasi-
bility of providing the corrective information 
under paragraph (1) through public service an-
nouncements, the emergency alert system, or 
other forms of public broadcast. 
(B) REPORT.—Not later than 180 days 
after the date of the enactment of this Act, the 
Attorney General shall submit to Congress a re-
port detailing the results of the study conducted 
under subparagraph (A). 
(4) 
PUBLICIZING
AVAILABILITY
OF
REM-
EDIES.—The Attorney General shall make public 
through the Internet, radio, television, and news-
paper advertisements information on the responsibil-
ities, contact information, and complaint procedures 
applicable under this section. 
(c) REPORTS TO CONGRESS.— 
(1) IN GENERAL.—Not later than 90 days after 
any election with respect to which a report has been 
submitted under subsection (a), the Attorney Gen-
eral shall submit to Congress a report compiling all 
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such reports submitted under subsection (a) with re-
spect to that election. 
(2) CONTENTS.— 
(A) IN GENERAL.—Each report submitted 
under paragraph (1) shall include— 
(i) detailed information on specific al-
legations; 
(ii) statistical compilations of how 
many allegations were made and of what 
type; 
(iii) the geographic locations of and 
the populations affected by the alleged vio-
lations; 
(iv) the status of the investigations of 
such allegations; 
(v) any corrective actions taken in re-
sponse to such allegations; 
(vi) the rationale used for any correc-
tive actions or for any refusal to pursue an 
allegation; 
(vii) the effectiveness of any such cor-
rective actions; 
(viii) whether a Voting Integrity Task 
Force was established with respect to such 
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election, and, if so, how such task force 
was staffed and funded; 
(ix) any referrals of information to 
other Federal, State, or local agencies; and 
(x) any criminal prosecution instituted 
under title 18, United States Code, in con-
nection with such allegations. 
(3) REPORT MADE PUBLIC.—On the date that 
the Attorney General submits the report under para-
graph (1), the Attorney General shall also make the 
report publicly available through the Internet and 
other appropriate means. 
(d) DELEGATION OF DUTIES.— 
(1) USE OF VOTING INTEGRITY TASK FORCE.— 
The Attorney General shall delegate the responsibil-
ities under this section with respect to a particular 
election to a Voting Integrity Task Force established 
by the Attorney General for such purpose. 
(2) COMPOSITION.—A Voting Integrity Task 
Force established under paragraph (1) shall be 
under the direction of the Assistant Attorney Gen-
eral for the Civil Rights Division and the Assistant 
Attorney General for the Criminal Division, acting 
jointly. 
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TITLE V—DEMOCRACY 
RESTORATION 
SEC. 501. RIGHTS OF CITIZENS. 
The right of an individual who is a citizen of the 
United States to vote in any election for Federal office 
shall not be denied or abridged because that individual has 
been convicted of a criminal offense unless such individual 
is serving a felony sentence in a correctional institution 
or facility at the time of the election. 
SEC. 502. ENFORCEMENT. 
(a) ATTORNEY GENERAL.—The Attorney General 
may, in a civil action, obtain such declaratory or injunctive 
relief as is necessary to remedy a violation of this title. 
(b) PRIVATE RIGHT OF ACTION.— 
(1) A person who is aggrieved by a violation of 
this title may provide written notice of the violation 
to the chief election official of the State involved. 
(2) Except as provided in paragraph (3), if the 
violation is not corrected within 90 days after receipt 
of a notice under paragraph (1), or within 20 days 
after receipt of the notice if the violation occurred 
within 120 days before the date of an election for 
Federal office, the aggrieved person may, in a civil 
action, obtain declaratory or injunctive relief with re-
spect to the violation. 
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(3) If the violation occurred within 30 days be-
fore the date of an election for Federal office, the 
aggrieved person need not provide notice to the chief 
election official of the State under paragraph (1) be-
fore bringing a civil action to obtain declaratory or 
injunctive relief with respect to the violation. 
SEC. 503. NOTIFICATION OF RESTORATION OF VOTING 
RIGHTS. 
(a) STATE NOTIFICATION.— 
(1) NOTIFICATION.—On the date determined 
under paragraph (2), each State shall notify in writ-
ing any individual who has been convicted of a 
criminal offense under the law of that State that 
such individual has the right to vote in an election 
for Federal office pursuant to this title and may reg-
ister to vote in any such election. 
(2) DATE OF NOTIFICATION.— 
(A) FELONY CONVICTION.—In the case of 
such an individual who has been convicted of a 
felony, the notification required under para-
graph (1) shall be given on the date on which 
the individual— 
(i) is sentenced to serve only a term 
of probation; or 
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(ii) is released from the custody of 
that State (other than to the custody of 
another State or the Federal Government 
to serve a term of imprisonment for a fel-
ony conviction). 
(B) MISDEMEANOR
CONVICTION.—In the 
case of such an individual who has been con-
victed of a misdemeanor, the notification re-
quired under paragraph (1) shall be given on 
the date on which such individual is sentenced 
by a State court. 
(b) FEDERAL NOTIFICATION.— 
(1) NOTIFICATION.—On the date determined 
under paragraph (2), the Director of the Bureau of 
Prisons shall notify in writing any individual who 
has been convicted of a criminal offense under Fed-
eral law that such individual has the right to vote 
in an election for Federal office pursuant to this 
title and may register to vote in any such election. 
(2) DATE OF NOTIFICATION.— 
(A) FELONY CONVICTION.—In the case of 
such an individual who has been convicted of a 
felony, the notification required under para-
graph (1) shall be given on the date on which 
the individual— 
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(i) is sentenced to serve only a term 
of probation by a court established by an 
Act of Congress; or 
(ii) is released from the custody of the 
Bureau of Prisons (other than to the cus-
tody of a State to serve a term of impris-
onment for a felony conviction). 
(B) MISDEMEANOR
CONVICTION.—In the 
case of such an individual who has been con-
victed of a misdemeanor, the notification re-
quired under paragraph (1) shall be given on 
the date on which such individual is sentenced 
by a State court. 
SEC. 504. DEFINITIONS. 
For purposes of this title: 
(1) CORRECTIONAL
INSTITUTION
OR
FACIL-
ITY.—The term ‘‘correctional institution or facility’’ 
means any prison, penitentiary, jail, or other institu-
tion or facility for the confinement of individuals 
convicted of criminal offenses, whether publicly or 
privately operated, except that such term does not 
include any residential community treatment center 
(or similar public or private facility). 
(2) ELECTION.—The term ‘‘election’’ means— 
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(A) a general, special, primary, or runoff 
election; 
(B) a convention or caucus of a political 
party held to nominate a candidate; 
(C) a primary election held for the selec-
tion of delegates to a national nominating con-
vention of a political party; or 
(D) a primary election held for the expres-
sion of a preference for the nomination of per-
sons for election to the office of President. 
(3) FEDERAL OFFICE.—The term ‘‘Federal of-
fice’’ means the office of President or Vice President 
of the United States, or of Senator or Representa-
tive in, or Delegate or Resident Commissioner to, 
the Congress of the United States. 
(4) PROBATION.—The term ‘‘probation’’ means 
probation, imposed by a Federal, State, or local 
court, with or without a condition on the individual 
involved concerning— 
(A) the individual’s freedom of movement; 
(B) the payment of damages by the indi-
vidual; 
(C) periodic reporting by the individual to 
an officer of the court; or 
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(D) supervision of the individual by an of-
ficer of the court. 
SEC. 505. RELATION TO OTHER LAWS. 
(a) STATE LAWS RELATING TO VOTING RIGHTS.— 
Nothing in this title shall be construed to prohibit the 
States from enacting any State law which affords the right 
to vote in any election for Federal office on terms less 
restrictive than those established by this title. 
(b) CERTAIN FEDERAL ACTS.—The rights and rem-
edies established by this title are in addition to all other 
rights and remedies provided by law, and neither rights 
and remedies established by this title shall supersede, re-
strict, or limit the application of the Voting Rights Act 
of 1965 (42 U.S.C. 1973 et seq.) or the National Voter 
Registration Act (42 U.S.C. 1973gg). 
SEC. 506. FEDERAL PRISON FUNDS. 
No State, unit of local government, or other person 
may receive or use, to construct or otherwise improve a 
prison, jail, or other place of incarceration, any Federal 
grant amounts unless that person has in effect a program 
under which each individual incarcerated in that person’s 
jurisdiction who is a citizen of the United States is noti-
fied, upon release from such incarceration, of that individ-
ual’s rights under section 501. 
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SEC. 507. EFFECTIVE DATE. 
This title shall apply to citizens of the United States 
voting in any election for Federal office held after the date 
of the enactment of this Act. 
TITLE 
VI—ACCURACY, 
INTEG-
RITY, 
AND 
SECURITY 
OF 
ELECTIONS 
SEC. 600. SHORT TITLE. 
This title may be cited as the ‘‘Voter Confidence and 
Increased Accessibility Act of 2013’’. 
Subtitle A—Promoting Accuracy, 
Integrity, and Security Through 
Voter-Verified Permanent Paper 
Ballot 
SEC. 601. PAPER BALLOT AND MANUAL COUNTING RE-
QUIREMENTS. 
(a) IN GENERAL.—Section 301(a)(2) of the Help 
America Vote Act of 2002 (42 U.S.C. 15481(a)(2)) is 
amended to read as follows: 
‘‘(2) PAPER BALLOT REQUIREMENT.— 
‘‘(A) VOTER-VERIFIED PAPER BALLOTS.— 
‘‘(i) PAPER BALLOT REQUIREMENT.— 
(I) The voting system shall require the use 
of an individual, durable, voter-verified, 
paper ballot of the voter’s vote that shall 
be marked and made available for inspec-
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tion and verification by the voter before 
the voter’s vote is cast and counted, and 
which shall be counted by hand or read by 
an optical character recognition device or 
other counting device. For purposes of this 
subclause, the term ‘individual, durable, 
voter-verified, paper ballot’ means a paper 
ballot marked by the voter by hand or a 
paper ballot marked through the use of a 
nontabulating ballot marking device or sys-
tem, so long as the voter shall have the op-
tion to mark his or her ballot by hand. 
‘‘(II) The voting system shall provide 
the voter with an opportunity to correct 
any error on the paper ballot before the 
permanent voter-verified paper ballot is 
preserved in accordance with clause (ii). 
‘‘(III) The voting system shall not 
preserve the voter-verified paper ballots in 
any manner that makes it possible, at any 
time after the ballot has been cast, to asso-
ciate a voter with the record of the voter’s 
vote without the voter’s consent. 
‘‘(ii) PRESERVATION
AS
OFFICIAL 
RECORD.—The individual, durable, voter- 
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verified, paper ballot used in accordance 
with clause (i) shall constitute the official 
ballot and shall be preserved and used as 
the official ballot for purposes of any re-
count or audit conducted with respect to 
any election for Federal office in which the 
voting system is used. 
‘‘(iii) MANUAL
COUNTING
REQUIRE-
MENTS FOR RECOUNTS AND AUDITS.—(I) 
Each paper ballot used pursuant to clause 
(i) shall be suitable for a manual audit, 
and shall be counted by hand in any re-
count or audit conducted with respect to 
any election for Federal office. 
‘‘(II) In the event of any inconsist-
encies or irregularities between any elec-
tronic vote tallies and the vote tallies de-
termined by counting by hand the indi-
vidual, durable, voter-verified, paper ballots 
used pursuant to clause (i), and subject to 
subparagraph (B), the individual, durable, 
voter-verified, paper ballots shall be the 
true and correct record of the votes cast. 
‘‘(iv) APPLICATION
TO
ALL
BAL-
LOTS.—The requirements of this subpara-
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graph shall apply to all ballots cast in elec-
tions for Federal office, including ballots 
cast by absent uniformed services voters 
and overseas voters under the Uniformed 
and Overseas Citizens Absentee Voting Act 
and other absentee voters. 
‘‘(B) SPECIAL RULE FOR TREATMENT OF 
DISPUTES WHEN PAPER BALLOTS HAVE BEEN 
SHOWN TO BE COMPROMISED.— 
‘‘(i) IN
GENERAL.—In the event 
that— 
‘‘(I) there is any inconsistency 
between any electronic vote tallies and 
the vote tallies determined by count-
ing by hand the individual, durable, 
voter-verified, paper ballots used pur-
suant to subparagraph (A)(i) with re-
spect to any election for Federal of-
fice; and 
‘‘(II) it is demonstrated by clear 
and convincing evidence (as deter-
mined in accordance with the applica-
ble standards in the jurisdiction in-
volved) in any recount, audit, or con-
test of the result of the election that 
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the paper ballots have been com-
promised (by damage or mischief or 
otherwise) and that a sufficient num-
ber of the ballots have been so com-
promised that the result of the elec-
tion could be changed, 
the determination of the appropriate rem-
edy with respect to the election shall be 
made in accordance with applicable State 
law, except that the electronic tally shall 
not be used as the exclusive basis for de-
termining the official certified result. 
‘‘(ii) RULE FOR CONSIDERATION OF 
BALLOTS ASSOCIATED WITH EACH VOTING 
MACHINE.—For purposes of clause (i), 
only the paper ballots deemed com-
promised, if any, shall be considered in the 
calculation of whether or not the result of 
the election could be changed due to the 
compromised paper ballots.’’. 
(b) CONFORMING AMENDMENT CLARIFYING APPLI-
CABILITY OF ALTERNATIVE LANGUAGE ACCESSIBILITY.— 
Section 301(a)(4) of such Act (42 U.S.C. 15481(a)(4)) 
is amended by inserting ‘‘(including the paper ballots re-
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quired to be used under paragraph (2))’’ after ‘‘voting sys-
tem’’. 
(c) OTHER CONFORMING AMENDMENTS.—Section 
301(a)(1) of such Act (42 U.S.C. 15481(a)(1)) is amend-
ed— 
(1) in subparagraph (A)(i), by striking ‘‘count-
ed’’ and inserting ‘‘counted, in accordance with 
paragraphs (2) and (3)’’; 
(2) in subparagraph (A)(ii), by striking ‘‘count-
ed’’ and inserting ‘‘counted, in accordance with 
paragraphs (2) and (3)’’; 
(3) in subparagraph (A)(iii), by striking ‘‘count-
ed’’ each place it appears and inserting ‘‘counted, in 
accordance with paragraphs (2) and (3)’’; and 
(4) in subparagraph (B)(ii), by striking ‘‘count-
ed’’ and inserting ‘‘counted, in accordance with 
paragraphs (2) and (3)’’. 
SEC. 602. ACCESSIBILITY AND BALLOT VERIFICATION FOR 
INDIVIDUALS WITH DISABILITIES. 
(a) IN GENERAL.—Section 301(a)(3)(B) of the Help 
America Vote Act of 2002 (42 U.S.C. 15481(a)(3)(B)) is 
amended to read as follows: 
‘‘(B)(i) satisfy the requirement of subpara-
graph (A) through the use of at least one voting 
system equipped for individuals with disabil-
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100 
ities, including nonvisual and enhanced visual 
accessibility for the blind and visually impaired, 
and nonmanual and enhanced manual accessi-
bility for the mobility and dexterity impaired, at 
each polling place; and 
‘‘(ii) meet the requirements of subpara-
graph (A) and paragraph (2)(A) by using a sys-
tem that— 
‘‘(I) allows the voter to privately and 
independently verify the permanent paper 
ballot through the presentation, in acces-
sible form, of the printed or marked vote 
selections from the same printed or 
marked information that would be used for 
any vote counting or auditing; and 
‘‘(II) allows the voter to privately and 
independently verify and cast the perma-
nent paper ballot without requiring the 
voter to manually handle the paper ballot; 
and’’. 
(b) SPECIFIC REQUIREMENT OF STUDY, TESTING, 
AND DEVELOPMENT
OF ACCESSIBLE PAPER BALLOT 
VERIFICATION MECHANISMS.— 
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101 
(1) STUDY
AND
REPORTING.—Subtitle C of 
title II of such Act (42 U.S.C. 15381 et seq.) is 
amended— 
(A) by redesignating section 247 as section 
248; and 
(B) by inserting after section 246 the fol-
lowing new section: 
‘‘SEC. 247. STUDY AND REPORT ON ACCESSIBLE PAPER 
BALLOT VERIFICATION MECHANISMS. 
‘‘(a) STUDY AND REPORT.—The Director of the Na-
tional Science Foundation shall make grants to not fewer 
than 3 eligible entities to study, test, and develop acces-
sible paper ballot voting, verification, and casting mecha-
nisms and devices and best practices to enhance the acces-
sibility of paper ballot voting and verification mechanisms 
for individuals with disabilities, for voters whose primary 
language is not English, and for voters with difficulties 
in literacy, including best practices for the mechanisms 
themselves and the processes through which the mecha-
nisms are used. 
‘‘(b) ELIGIBILITY.—An entity is eligible to receive a 
grant under this part if it submits to the Director (at such 
time and in such form as the Director may require) an 
application containing— 
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102 
‘‘(1) certifications that the entity shall specifi-
cally investigate enhanced methods or devices, in-
cluding non-electronic devices, that will assist such 
individuals and voters in marking voter-verified 
paper ballots and presenting or transmitting the in-
formation printed or marked on such ballots back to 
such individuals and voters, and casting such ballots; 
‘‘(2) a certification that the entity shall com-
plete the activities carried out with the grant not 
later than December 31, 2014; and 
‘‘(3) such other information and certifications 
as the Director may require. 
‘‘(c) AVAILABILITY
OF TECHNOLOGY.—Any tech-
nology developed with the grants made under this section 
shall be treated as non-proprietary and shall be made 
available to the public, including to manufacturers of vot-
ing systems. 
‘‘(d) COORDINATION WITH GRANTS
FOR TECH-
NOLOGY IMPROVEMENTS.—The Director shall carry out 
this section so that the activities carried out with the 
grants made under subsection (a) are coordinated with the 
research conducted under the grant program carried out 
by the Commission under section 271, to the extent that 
the Director and Commission determine necessary to pro-
vide for the advancement of accessible voting technology. 
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103 
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There 
is authorized to be appropriated to carry out subsection 
(a) $5,000,000, to remain available until expended.’’. 
(2) CLERICAL AMENDMENT.—The table of con-
tents of such Act is amended— 
(A) by redesignating the item relating to 
section 247 as relating to section 248; and 
(B) by inserting after the item relating to 
section 246 the following new item: 
‘‘Sec. 247. Study and report on accessible paper ballot verification mecha-
nisms.’’. 
(c) CLARIFICATION OF ACCESSIBILITY STANDARDS 
UNDER VOLUNTARY VOTING SYSTEM GUIDANCE.—In 
adopting any voluntary guidance under subtitle B of title 
III of the Help America Vote Act with respect to the ac-
cessibility of the paper ballot verification requirements for 
individuals with disabilities, the Election Assistance Com-
mission shall include and apply the same accessibility 
standards applicable under the voluntary guidance adopt-
ed for accessible voting systems under such subtitle. 
(d) PERMITTING USE OF FUNDS FOR PROTECTION 
AND ADVOCACY SYSTEMS TO SUPPORT ACTIONS TO EN-
FORCE ELECTION-RELATED DISABILITY ACCESS.—Sec-
tion 292(a) of the Help America Vote Act of 2002 (42 
U.S.C. 15462(a)) is amended by striking ‘‘; except that’’ 
and all that follows and inserting a period. 
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104 
SEC. 603. ADDITIONAL VOTING SYSTEM REQUIREMENTS. 
(a) REQUIREMENTS DESCRIBED.—Section 301(a) of 
the Help America Vote Act of 2002 (42 U.S.C. 15481(a)) 
is amended by adding at the end the following new para-
graphs: 
‘‘(7) PROHIBITING USE OF UNCERTIFIED ELEC-
TION-DEDICATED
VOTING
SYSTEM
TECHNOLOGIES; 
DISCLOSURE REQUIREMENTS.— 
‘‘(A) IN GENERAL.—A voting system used 
in an election for Federal office in a State may 
not at any time during the election contain or 
use any election-dedicated voting system tech-
nology— 
‘‘(i) which has not been certified by 
the State for use in the election; and 
‘‘(ii) which has not been deposited 
with an accredited laboratory described in 
section 231 to be held in escrow and dis-
closed in accordance with this section. 
‘‘(B) REQUIREMENT FOR DISCLOSURE AND 
LIMITATION
ON
RESTRICTING
DISCLOSURE.— 
An accredited laboratory under section 231 
with whom an election-dedicated voting system 
technology has been deposited shall— 
‘‘(i) hold the technology in escrow; 
and 
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105 
‘‘(ii) disclose technology and informa-
tion regarding the technology to another 
person if— 
‘‘(I) the person is a qualified per-
son described in subparagraph (C) 
who has entered into a nondisclosure 
agreement with respect to the tech-
nology which meets the requirements 
of subparagraph (D); or 
‘‘(II) the laboratory is permitted 
or required to disclose the technology 
to the person under State law, in ac-
cordance with the terms and condi-
tions 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 vot-
ing and election-related matters for pur-
poses of reviewing, analyzing, or reporting 
on the technology. 
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106 
‘‘(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 tech-
nology, or an expert for a party to such 
litigation, for purposes of reviewing or ana-
lyzing the technology to support or oppose 
the litigation, and all parties to the litiga-
tion shall have access to the technology for 
such purposes. 
‘‘(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
NONDISCLO-
SURE
AGREEMENTS.—A nondisclosure agree-
ment entered into with respect to an election- 
dedicated voting system technology meets the 
requirements of this subparagraph if the agree-
ment— 
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107 
‘‘(i) is limited in scope to coverage of 
the technology disclosed under subpara-
graph (B) and any trade secrets and intel-
lectual 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 in-
formation the signatory lawfully obtained 
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 
intellectual 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 
period 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; 
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108 
‘‘(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-
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 SYS-
TEM TECHNOLOGY DEFINED.—For purposes of 
this paragraph: 
‘‘(i) IN
GENERAL.—The term ‘elec-
tion-dedicated voting system technology’ 
means the following: 
‘‘(I) The source code used for the 
trusted build and its file signatures. 
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109 
‘‘(II) A complete disk image of 
the pre-build, build environment, and 
any file signatures to validate that it 
is unmodified. 
‘‘(III) A complete disk image of 
the post-build, build environment, and 
any file signatures to validate that it 
is unmodified. 
‘‘(IV) All executable code pro-
duced by the trusted build and any 
file signatures to validate that it is 
unmodified. 
‘‘(V) Installation devices and 
software file signatures. 
‘‘(ii) EXCLUSION.—Such term does 
not include ‘commercial-off-the-shelf’ soft-
ware and hardware defined under the 2005 
voluntary voting system guidelines adopted 
by the Commission under section 222. 
‘‘(8) PROHIBITION OF USE OF WIRELESS COM-
MUNICATIONS DEVICES IN SYSTEMS OR DEVICES.— 
No system or device upon which ballots are pro-
grammed or votes are cast or tabulated shall con-
tain, use, or be accessible by any wireless, power- 
line, or concealed communication device, except that 
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110 
enclosed infrared communications devices which are 
certified for use in such device 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. 
‘‘(9) PROHIBITING CONNECTION OF SYSTEM TO 
THE INTERNET.— 
‘‘(A) IN GENERAL.—No system or device 
upon which ballots are programmed or votes are 
cast or tabulated shall be connected to the 
Internet at any time. 
‘‘(B) RULE OF CONSTRUCTION.—Nothing 
contained in this paragraph shall be deemed to 
prohibit the Commission from conducting the 
studies under section 242 or to conduct other 
similar studies under any other provision of law 
in a manner consistent with this paragraph. 
‘‘(10) 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 elec-
tion officials using such system meet the appli-
cable requirements described in subparagraph 
(B). 
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111 
‘‘(B) REQUIREMENTS
DESCRIBED.—The 
requirements described in this subparagraph 
are as follows: 
‘‘(i) The manufacturer and the elec-
tion officials shall document the secure 
chain of custody for the handling of all 
software, hardware, vote storage media, 
blank ballots, and completed ballots used 
in connection with voting systems, and 
shall make the information available upon 
request to the Commission. 
‘‘(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 (7). 
‘‘(iii) After the appropriate election 
official 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, software patch, 
or other software modification not cer-
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112 
tified by the State for use in the elec-
tion. 
‘‘(iv) At the request of the Commis-
sion— 
‘‘(I) the appropriate election offi-
cial shall submit information to the 
Commission regarding the State’s 
compliance with this subparagraph; 
and 
‘‘(II) the manufacturer shall sub-
mit information to the Commission re-
garding the manufacturer’s compli-
ance with this subparagraph. 
‘‘(C) DEVELOPMENT AND PUBLICATION OF 
BEST PRACTICES OF SECURE CHAIN OF CUS-
TODY.—Not later than August 1, 2016, the 
Commission shall develop and make publicly 
available best practices regarding the require-
ment of subparagraph (B)(i) and (B)(iii), and 
in the case of subparagraph (B)(iii), shall in-
clude best practices for certifying software 
patches and minor software modifications under 
short deadlines. 
‘‘(D) DISCLOSURE OF SECURE CHAIN OF 
CUSTODY.—The Commission shall make infor-
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113 
mation provided to the Commission under sub-
paragraph (B)(i) available to any person upon 
request. 
‘‘(11) DURABILITY AND READABILITY REQUIRE-
MENTS FOR BALLOTS.— 
‘‘(A) DURABILITY
REQUIREMENTS
FOR 
PAPER BALLOTS.— 
‘‘(i) IN GENERAL.—All voter-verified 
paper ballots required to be used under 
this Act shall be marked or printed on du-
rable paper. 
‘‘(ii) DEFINITION.—For purposes of 
this Act, paper is ‘durable’ if it is capable 
of withstanding multiple counts and re-
counts by hand without compromising the 
fundamental integrity of the ballots, and 
capable 
of 
retaining 
the 
information 
marked or printed on them for the full du-
ration of a retention and preservation pe-
riod of 22 months. 
‘‘(B) READABILITY
REQUIREMENTS
FOR 
PAPER BALLOTS MARKED BY BALLOT MARKING 
DEVICE.—All voter-verified paper ballots com-
pleted by the voter through the use of a ballot 
marking device shall be clearly readable by the 
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114 
voter without assistance (other than eyeglasses 
or other personal vision enhancing devices) and 
by an optical character recognition device or 
other device equipped for individuals with dis-
abilities. 
‘‘(12) REQUIREMENTS
FOR
PUBLICATION
OF 
POLL TAPES.— 
‘‘(A) REQUIREMENTS.—Each State shall 
meet the following requirements: 
‘‘(i) Upon the closing of the polls at 
each polling place, the appropriate election 
official, under the observation of the cer-
tified tabulation observers admitted to the 
polling place under subparagraph (E) (if 
any), shall announce the vote orally, post a 
copy of the poll tape reflecting the totals 
from each voting machine upon which 
votes were cast in the election at the poll-
ing place, and prepare and post a state-
ment of the total number of individuals 
who appeared at the polling place to cast 
ballots, determined by reference to the 
number of signatures in a sign-in book or 
other similar independent count. Such offi-
cials shall ensure that each of the certified 
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115 
tabulation observers admitted to the poll-
ing place has full access to observe the 
process by which the poll tapes and state-
ment are produced and a reasonable period 
of time to review the poll tapes and state-
ment before the polling place is closed, and 
(if feasible) shall provide such observers 
with identical duplicate copies of the poll 
tapes and statement. 
‘‘(ii) As soon as practicable, but in no 
event later than noon of the day following 
the date of the election, the appropriate 
election official shall display (at a promi-
nent location accessible to the public dur-
ing regular business hours and in or within 
reasonable proximity to the polling place) a 
copy of each poll tape and statement pre-
pared under clause (i), and the information 
shall be displayed on the official public 
websites of the applicable local election of-
ficial and chief State election official, to-
gether with the name of the designated 
voting official who entered the information 
and the date and time the information was 
entered. 
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116 
‘‘(iii) Each website on which informa-
tion is posted under clause (ii) shall in-
clude information on the procedures by 
which discrepancies shall be reported to 
election officials. If any discrepancy exists 
between the posted information and the 
relevant poll tape or statement, the appro-
priate election official shall display infor-
mation on the discrepancy on the website 
on which the information is posted under 
clause (ii) not later than 24 hours after 
the official is made aware of the discrep-
ancy, and shall maintain the information 
on the discrepancy and its resolution (if 
applicable) on such website during the en-
tire period for which results of the election 
are typically maintained on such website. 
‘‘(iv) The appropriate election official 
shall preserve archived copies of the poll 
tapes and statements prepared under 
clause (i) and reports of discrepancies filed 
by certified tabulation observers for the pe-
riod of time during which records and pa-
pers are required to be retained and pre-
served pursuant to title III of the Civil 
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117 
Rights Act of 1960 (42 U.S.C. 1974 et 
seq.) or for the same duration for which 
archived copies of other records of the elec-
tion are required to be preserved under ap-
plicable State law, whichever is longer. 
‘‘(B) TREATMENT OF BALLOTS CAST AT 
EARLY VOTING SITES.— 
‘‘(i) APPLICATION.—The requirements 
of this subparagraph shall apply with re-
spect to poll tapes and statements of the 
number of voters who voted in person at 
designated sites prior to the date of the 
election. 
‘‘(ii) DAILY COUNT OF VOTERS.—At 
the close of business on each day on which 
ballots described in clause (i) may be cast 
prior to the date of the election, the appro-
priate election official at each such site 
shall— 
‘‘(I) under the observation of cer-
tified tabulation observers admitted to 
the site under subparagraph (E) (if 
any), prepare and post a statement of 
the total number of individuals who 
appeared at the site to cast ballots, 
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118 
determined by reference to the num-
ber of signatures in a sign-in book or 
other similar independent count, and 
the total number of ballots cast (ex-
cluding information on the votes re-
ceived by individual candidates), and 
shall ensure that each of the certified 
tabulation observers admitted to the 
site has full access to observe the 
process by which the statement is pro-
duced and a reasonable period of time 
to review the statement before the site 
is closed; and 
‘‘(II) display at the site during 
regular business hours for the dura-
tion of the early voting period a paper 
copy of the statement prepared under 
subclause (I). 
‘‘(iii) APPLICATION OF GENERAL RE-
QUIREMENTS
FOR
POLL
TAPES
AND 
STATEMENTS.—Upon the closing of the 
polls on the date of the election, the appro-
priate election official at each designated 
site described in this subparagraph shall 
meet the requirements of subparagraph 
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119 
(A) (including requirements relating to the 
role of certified tabulation observers) in 
the same manner as an election official at 
a polling place. 
‘‘(C) TREATMENT
OF
ABSENTEE
BAL-
LOTS.— 
‘‘(i) 
DAILY
COUNT
OF
BALLOTS 
MAILED AND RECEIVED.—At the close of 
each business day on which a State mails 
or accepts absentee ballots cast in an elec-
tion for Federal office prior to the date of 
the election, the appropriate election offi-
cial shall— 
‘‘(I) under the observation of cer-
tified tabulation observers admitted 
under subparagraph (E) to the site at 
which the ballots are mailed and re-
ceived (if any), prepare and post a 
statement of the total number of ab-
sentee ballots mailed and received by 
the official during that day and a sep-
arate count of the number of absentee 
ballots received but rejected (sepa-
rated into categories of the reasons 
for rejection), and ensure that each of 
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120 
the certified tabulation observers ad-
mitted to the site has full access to 
observe the process by which the 
statement is produced and a reason-
able period of time to review the 
statement before the site is closed; 
and 
‘‘(II) display at the site during 
regular business hours for the dura-
tion of the period during which absen-
tee ballots are processed a paper copy 
of the statement prepared under sub-
clause (I). 
‘‘(ii) APPLICATION OF GENERAL RE-
QUIREMENTS
FOR
POLL
TAPES
AND 
STATEMENTS.—At the close of business on 
the last day on which absentee ballots are 
counted prior to the certification of the 
election, the appropriate election official at 
the site at which absentee ballots are re-
ceived and counted shall meet the require-
ments of subparagraph (A) (including re-
quirements relating to the role of certified 
tabulation observers) in the same manner 
as an election official at a polling place. 
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121 
‘‘(D) DAILY COUNT OF PROVISIONAL BAL-
LOTS.—At the close of business on the day on 
which the appropriate election official deter-
mines whether or not provisional ballots cast in 
an election for Federal office will be counted as 
votes in the election (as described in section 
302(a)(4)), the official shall— 
‘‘(i) under the observation of certified 
tabulation observers admitted under sub-
paragraph (E) to the site at which the de-
termination is made (if any), prepare and 
post a statement of the number of such 
ballots for which a determination was 
made, the number of ballots counted, and 
the number of ballots rejected (separated 
into categories of the reason for the rejec-
tion), and ensure that each of the certified 
tabulation observers admitted to the site 
has full access to observe the process by 
which the statement is produced and a rea-
sonable period of time to review the state-
ment before the site is closed; and 
‘‘(ii) display at the site during regular 
business hours for the duration of the pe-
riod during which provisional ballots are 
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122 
processed a paper copy of the statement 
prepared under clause (i). 
‘‘(E) ADMISSION OF CERTIFIED TABULA-
TION OBSERVERS.— 
‘‘(i) 
CERTIFIED
TABULATION
OB-
SERVER DEFINED.—In this paragraph, a 
‘certified tabulation observer’ is an indi-
vidual who is certified by an appropriate 
election official as authorized to carry out 
the responsibilities of a certified tabulation 
observer under this paragraph. 
‘‘(ii) 
SELECTION.—In 
determining 
which individuals to certify as tabulation 
observers and admit to a polling place or 
other location to serve as certified tabula-
tion observers with respect to an election 
for Federal office, the election official shall 
give preference to individuals who are af-
filiated with a candidate in the election, ex-
cept that— 
‘‘(I) the number of individuals 
admitted who are affiliated with the 
same candidate for Federal office may 
not exceed one; and 
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123 
‘‘(II) the maximum number of in-
dividuals who may be admitted shall 
equal the number of candidates in the 
election plus 3, or such greater num-
ber as may be authorized under State 
law. 
‘‘(iii) NO EFFECT ON ADMISSION OF 
OTHER OBSERVERS.—Nothing in this sub-
paragraph may be construed to limit or 
otherwise affect the authority of other indi-
viduals to enter and observe polling place 
operations under any other law, including 
international observers authorized under 
any treaty or observers of the Federal Gov-
ernment authorized under the Voting 
Rights Act of 1965. 
‘‘(F) NO EFFECT ON OTHER TABULATION 
REQUIREMENTS.—Nothing in this Act may be 
construed to supersede any requirement that an 
election official at a polling place report vote to-
tals to a central tabulation facility and address 
discrepancies the official finds in the aggrega-
tion of those totals with other vote totals.’’. 
(b) REQUIRING LABORATORIES TO MEET STAND-
ARDS PROHIBITING CONFLICTS OF INTEREST AS CONDI-
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124 
TION OF ACCREDITATION FOR TESTING OF VOTING SYS-
TEM HARDWARE AND SOFTWARE.— 
(1) 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; 
ENSURING 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 test-
ing carried out in connection with the cer-
tification, decertification, and recertifi-
cation of the manufacturer’s voting system 
hardware and software is the payment 
made from the Testing Escrow Account 
under paragraph (4); 
‘‘(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 
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125 
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 or by the State requiring cer-
tification of the system being tested to ob-
serve any testing the laboratory 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 labora-
tory and the manufacturer to the Commis-
sion. 
‘‘(B) AVAILABILITY
OF
RESULTS.—Upon 
receipt of information under subparagraph (A), 
the Commission shall make the information 
available promptly to election officials and the 
public. 
‘‘(4) PROCEDURES FOR CONDUCTING TESTING; 
PAYMENT OF USER FEES FOR COMPENSATION OF 
ACCREDITED LABORATORIES.— 
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126 
‘‘(A) ESTABLISHMENT
OF
ESCROW
AC-
COUNT.—The Commission shall establish an es-
crow account (to be known as the ‘Testing Es-
crow Account’) for making payments to accred-
ited laboratories for the costs of the testing car-
ried out in connection with the certification, de-
certification, and recertification of voting sys-
tem hardware and software. 
‘‘(B) SCHEDULE OF FEES.—In consulta-
tion with the accredited laboratories, the Com-
mission shall establish and regularly update a 
schedule of fees for the testing carried out in 
connection with the certification, decertification, 
and recertification of voting system hardware 
and software, based on the reasonable costs ex-
pected to be incurred by the accredited labora-
tories in carrying out the testing for various 
types of hardware and software. 
‘‘(C) REQUESTS AND PAYMENTS BY MANU-
FACTURERS.—A manufacturer of voting system 
hardware and software may not have the hard-
ware or software tested by an accredited labora-
tory under this section unless— 
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127 
‘‘(i) the manufacturer submits a de-
tailed request for the testing to the Com-
mission; and 
‘‘(ii) the manufacturer pays to the 
Commission, for deposit into the Testing 
Escrow Account established under sub-
paragraph (A), the applicable fee under the 
schedule established and in effect under 
subparagraph (B). 
‘‘(D) SELECTION OF LABORATORY.—Upon 
receiving a request for testing and the payment 
from a manufacturer required under subpara-
graph (C), the Commission shall select, from all 
laboratories which are accredited under this 
section to carry out the specific testing re-
quested by the manufacturer, an accredited lab-
oratory to carry out the testing. 
‘‘(E) PAYMENTS
TO
LABORATORIES.— 
Upon receiving a certification from a laboratory 
selected to carry out testing pursuant to sub-
paragraph (D) that the testing is completed, 
along with a copy of the results of the test as 
required under paragraph (3)(A)(iv), the Com-
mission shall make a payment to the laboratory 
from the Testing Escrow Account established 
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128 
under subparagraph (A) in an amount equal to 
the applicable fee paid by the manufacturer 
under subparagraph (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 
promptly disseminate to the public the identi-
fication of the laboratory which carried out the 
testing. 
‘‘(B) INFORMATION ON STATUS OF LAB-
ORATORIES.—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 
‘‘(iii) the Commission has credible evi-
dence of significant security failure at an 
accredited laboratory.’’. 
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129 
(2) CONFORMING AMENDMENTS.—Section 231 
of such Act (42 U.S.C. 15371) is further amended— 
(A) in subsection (a)(1), by striking ‘‘test-
ing, certification,’’ and all that follows and in-
serting the following: ‘‘testing of voting system 
hardware and software by accredited labora-
tories in connection with the certification, de-
certification, and recertification of the hardware 
and software for purposes of this Act.’’; 
(B) in subsection (a)(2), by striking ‘‘test-
ing, certification,’’ and all that follows and in-
serting the following: ‘‘testing of its voting sys-
tem hardware and software by the laboratories 
accredited by the Commission under this section 
in connection with certifying, decertifying, and 
recertifying the hardware and software.’’; 
(C) in subsection (b)(1), by striking ‘‘test-
ing, certification, decertification, and recertifi-
cation’’ and inserting ‘‘testing’’; and 
(D) in subsection (d), by striking ‘‘testing, 
certification, decertification, and recertification’’ 
each place it appears and inserting ‘‘testing’’. 
(3) 
DEADLINE
FOR
ESTABLISHMENT
OF 
STANDARDS, ESCROW ACCOUNT, AND SCHEDULE OF 
FEES.—The Election Assistance Commission shall 
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130 
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 paragraph (1)) not later than January 1, 
2016. 
(4) AUTHORIZATION
OF
APPROPRIATIONS.— 
There are authorized to be appropriated to the Elec-
tion Assistance Commission such sums as may be 
necessary to carry out the Commission’s duties 
under paragraphs (3) and (4) of section 231 of the 
Help America Vote Act of 2002 (as added by para-
graph (1)). 
(c) GRANTS FOR RESEARCH ON DEVELOPMENT OF 
ELECTION-DEDICATED VOTING SYSTEM SOFTWARE.— 
(1) 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 fol-
lowing new part: 
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131 
‘‘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 
SOFTWARE. 
‘‘(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 eligi-
ble entities to conduct research on the development of elec-
tion-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 op-
erating voting systems on election-dedicated software 
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 elec-
tion-dedicated software and that will meet the appli-
cable requirements for voting systems under title III; 
and 
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132 
‘‘(3) such other information and certifications 
as the Director may require. 
‘‘(c) AVAILABILITY
OF TECHNOLOGY.—Any tech-
nology developed with the grants made under this section 
shall be treated as non-proprietary and shall be made 
available to the public, including to manufacturers of vot-
ing systems. 
‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There 
is authorized to be appropriated for grants under this sec-
tion $1,500,000 for each of fiscal years 2017 and 2018, 
to remain available until expended.’’. 
(2) CLERICAL AMENDMENT.—The table of con-
tents of such Act is amended by adding at the end 
of the items relating to subtitle D of title II the fol-
lowing: 
‘‘PART 7—GRANTS FOR RESEARCH ON DEVELOPMENT OF ELECTION- 
DEDICATED VOTING SYSTEM SOFTWARE 
‘‘Sec. 297. Grants for research on development of election-dedicated voting sys-
tem software.’’. 
SEC. 604. AVAILABILITY OF ADDITIONAL FUNDING TO EN-
ABLE STATES TO MEET COSTS OF REVISED 
REQUIREMENTS. 
(a) EXTENSION OF REQUIREMENTS PAYMENTS FOR 
MEETING REVISED REQUIREMENTS.—Section 257(a) of 
the Help America Vote Act of 2002 (42 U.S.C. 15407(a)) 
is amended by adding at the end the following new para-
graph: 
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133 
‘‘(5) For fiscal year 2018, the sum of— 
‘‘(A) $1,000,000,000, except that any 
funds provided under the authorization made by 
this subparagraph 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 title I of the Voter Con-
fidence and Increased Accessibility Act of 2013, 
or to otherwise modify or replace its voting sys-
tems in response to such amendments; plus 
‘‘(B) such sums as may be necessary to en-
able States to carry out the activities described 
in subparagraph (A) with respect to require-
ments which first apply to elections for Federal 
office held after in November 2020, except that 
any funds provided under the authorization 
made by this subparagraph shall be used by a 
State only for carrying out these activities.’’. 
(b) 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 
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134 
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 cen-
sus); and 
‘‘(B) the total voting age population of all 
States (as reported in the most recent decennial 
census). 
‘‘(2) SPECIAL RULE FOR PAYMENTS USED TO 
MEET REQUIREMENTS IMPOSED UNDER VOTER CON-
FIDENCE
AND
INCREASED
ACCESSIBILITY
ACT
OF 
2013.— 
‘‘(A) IN GENERAL.—In the case of the re-
quirements payment made to a State under the 
authorization made by section 257(a)(5) for fis-
cal year 2018 or any fiscal year thereafter, 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 
percent of the number of partially non-
compliant precincts in the State; and 
‘‘(ii) the sum of the number of non-
compliant precincts in all States and 50 
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