Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Voter Confidence and 
Increased Accessibility Act of 2007’’. 
SEC. 2. PROMOTING ACCURACY, INTEGRITY, AND SECURITY 
THROUGH 
VOTER-VERIFIED 
PERMANENT 
PAPER BALLOT. 
(a) BALLOT VERIFICATION AND AUDIT CAPACITY.— 
(1) 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) BALLOT VERIFICATION AND AUDIT CAPAC-
ITY.— 
‘‘(A) VOTER-VERIFIED PAPER BALLOTS.— 
‘‘(i) VERIFICATION.—(I) The voting 
system shall require the use of or produce 
an individual, durable, voter-verified paper 
ballot of the voter’s vote that shall be created 
by or made available for inspection and 
verification by the voter before the voter’s 
vote is cast and counted. For purposes of 
this subclause, examples of such a ballot in-
clude a paper ballot marked by the voter for 
the purpose of being counted by hand or 
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read by an optical scanner or other similar 
device, a paper ballot prepared by the voter 
to be mailed to an election official (whether 
from a domestic or overseas location), a 
paper ballot created through the use of a 
ballot marking device or system, or a paper 
ballot produced 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 subparagraph. 
‘‘(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 pre-
serve the voter-verified paper ballots in any 
manner that makes it possible, at any time 
after the ballot has been cast, to associate a 
voter with the record of the voter’s vote. 
‘‘(ii) PRESERVATION.—The individual, 
durable voter-verified paper ballot produced 
in accordance with clause (i) shall be used 
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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, and shall be pre-
served— 
‘‘(I) in the case of votes cast at the 
polling place on the date of the elec-
tion, within the polling place in the 
manner or method in which all other 
paper ballots are preserved within such 
polling place on such date; or 
‘‘(II) in any other case, in a man-
ner which is consistent with the man-
ner employed by the jurisdiction for 
preserving such ballots in general. 
‘‘(iii) MANUAL
AUDIT
CAPACITY.—(I) 
Each paper ballot produced pursuant to 
clause (i) shall be suitable for a manual 
audit equivalent to that of a paper ballot 
voting system, and shall be counted by hand 
in any recount or audit conducted with re-
spect 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 deter-
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mined by counting by hand the individual, 
durable voter-verified paper ballots pro-
duced 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. 
‘‘(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 be-
tween any electronic vote tallies and 
the vote tallies determined by counting 
by hand the individual, durable voter- 
verified paper ballots produced pursu-
ant to subparagraph (A)(i) with re-
spect to any election for Federal office; 
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 the 
paper ballots have been compromised 
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(by damage or mischief or otherwise) 
and that a sufficient number of the 
ballots have been so compromised that 
the result of the election 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 deter-
mining the official certified vote tally. 
‘‘(ii) RULE
FOR
CONSIDERATION
OF 
BALLOTS ASSOCIATED WITH EACH VOTING 
MACHINE.—For purposes of clause (i), the 
paper ballots associated with each voting 
system shall be considered on a voting-ma-
chine-by-voting-machine basis, and only the 
paper ballots deemed compromised, 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.’’. 
(2) CONFORMING
AMENDMENT
CLARIFYING
AP-
PLICABILITY
OF
ALTERNATIVE
LANGUAGE
ACCESSI-
BILITY.—Section 301(a)(4) of such Act (42 U.S.C. 
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15481(a)(4)) is amended by inserting ‘‘(including the 
paper ballots required to be produced under para-
graph (2) and the notices required under paragraphs 
(7) and (13)(C))’’ after ‘‘voting system’’. 
(3) OTHER CONFORMING AMENDMENTS.—Section 
301(a)(1) of such Act (42 U.S.C. 15481(a)(1)) is 
amended— 
(A) in subparagraph (A)(i), by striking 
‘‘counted’’ and inserting ‘‘counted, in accordance 
with paragraphs (2) and (3)’’; 
(B) in subparagraph (A)(ii), by striking 
‘‘counted’’ and inserting ‘‘counted, in accordance 
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 accordance 
with paragraphs (2) and (3)’’. 
(b) ACCESSIBILITY AND BALLOT VERIFICATION FOR 
INDIVIDUALS WITH DISABILITIES.— 
(1) IN GENERAL.—Section 301(a)(3)(B) of such 
Act (42 U.S.C. 15481(a)(3)(B)) is amended to read as 
follows: 
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‘‘(B)(i) satisfy the requirement of subpara-
graph (A) through the use of at least one voting 
system equipped for individuals with disabilities 
at each polling place; and 
‘‘(ii) meet the requirements of subparagraph 
(A) and paragraph (2)(A) by using a system 
that— 
‘‘(I) allows the voter to privately and 
independently verify the individual, durable 
paper ballot through the conversion of the 
human-readable printed or marked vote se-
lections into accessible form, 
‘‘(II) ensures that the entire process of 
ballot verification and vote casting is 
equipped for individuals with disabilities, 
and 
‘‘(III) does not preclude the supple-
mentary use of Braille or tactile ballots; 
and’’. 
(2) SPECIFIC REQUIREMENT OF STUDY, TESTING, 
AND
DEVELOPMENT
OF
ACCESSIBLE
BALLOT 
VERIFICATION MECHANISMS.— 
(A) STUDY AND REPORTING.—Subtitle C of 
title II of such Act (42 U.S.C. 15381 et seq.) is 
amended— 
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(i) by redesignating section 247 as sec-
tion 248; and 
(ii) by inserting after section 246 the 
following new section: 
‘‘SEC. 247. STUDY AND REPORT ON ACCESSIBLE BALLOT 
VERIFICATION MECHANISMS. 
‘‘(a) STUDY AND REPORT.—The Director of the Na-
tional Institute of Standards and Technology shall study, 
test, and develop best practices to enhance the accessibility 
of ballot verification mechanisms for individuals with dis-
abilities, 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 mechanisms are used. In carrying out 
this section, the Director shall specifically investigate exist-
ing and potential methods or devices, including non-elec-
tronic devices, that will assist such individuals and voters 
in creating voter-verified paper ballots and presenting or 
transmitting the information printed or marked on such 
ballots back to such individuals and voters. 
‘‘(b) COORDINATION WITH GRANTS FOR TECHNOLOGY 
IMPROVEMENTS.—The Director shall coordinate the activi-
ties carried out under subsection (a) with the research con-
ducted under the grant program carried out by the Commis-
sion under section 271, to the extent that the Director and 
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Commission determine necessary to provide for the advance-
ment of accessible voting technology. 
‘‘(c) DEADLINE.—The Director shall complete the re-
quirements of subsection (a) not later than December 31, 
2008. 
‘‘(d) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to carry out subsection 
(a) $3,000,000, to remain available until expended.’’. 
(B) CLERICAL AMENDMENT.—The table of 
contents of such Act is amended— 
(i) by redesignating the item relating 
to section 247 as relating to section 248; 
and 
(ii) by inserting after the item relating 
to section 246 the following new item: 
‘‘Sec. 247. Study and report on accessible ballot verification mechanisms.’’. 
(3) CLARIFICATION
OF
ACCESSIBILITY
STAND-
ARDS
UNDER
VOLUNTARY
VOTING
SYSTEM
GUID-
ANCE.—In adopting any voluntary guidance under 
subtitle B of title III of the Help America Vote Act 
with respect to the accessibility of the paper ballot 
verification requirements for individuals with disabil-
ities, the Election Assistance Commission shall in-
clude and apply the same accessibility standards ap-
plicable under the voluntary guidance adopted for ac-
cessible voting systems under such subtitle. 
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(c) ADDITIONAL VOTING SYSTEM REQUIREMENTS.— 
(1) REQUIREMENTS DESCRIBED.—Section 301(a) 
of such Act (42 U.S.C. 15481(a)) is amended by add-
ing at the end the following new paragraphs: 
‘‘(7) INSTRUCTION REMINDING VOTERS OF IM-
PORTANCE OF VERIFYING PAPER BALLOT.— 
‘‘(A) IN GENERAL.—The appropriate elec-
tion official at each polling place shall cause to 
be placed in a prominent location in the polling 
place which is clearly visible from the voting 
booths a notice, in large font print accessible to 
the visually impaired, advising voters that the 
paper ballots representing their votes shall serve 
as the vote of record in all audits and recounts 
in elections for Federal office, and that they 
should not leave the voting booth until con-
firming that such paper ballots accurately record 
their vote. 
‘‘(B) SYSTEMS FOR INDIVIDUALS WITH DIS-
ABILITIES.—All voting systems equipped for in-
dividuals with disabilities shall present or trans-
mit in accessible form the statement referred to 
in subparagraph (A), as well as an explanation 
of the verification process described in paragraph 
(3)(B)(ii). 
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‘‘(8) 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 which has not been certified by the State 
for use in the election and which has not been 
deposited with an accredited laboratory described 
in section 231 to be held in escrow and disclosed 
in accordance with this section. 
‘‘(B) REQUIREMENT
FOR
AND
RESTRIC-
TIONS ON DISCLOSURE.—An accredited labora-
tory under section 231 with whom an election- 
dedicated voting system technology has been de-
posited shall— 
‘‘(i) hold the technology in escrow; and 
‘‘(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 agree-
ment with respect to the technology 
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available promptly to election officials and the 
public. 
‘‘(4) PROCEDURES
FOR
CONDUCTING
TESTING; 
PAYMENT OF USER FEES FOR COMPENSATION OF AC-
CREDITED LABORATORIES.— 
‘‘(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 system 
hardware and software. 
‘‘(B) SCHEDULE OF FEES.—In consultation 
with the accredited laboratories, the Commission 
shall establish and regularly update a schedule of 
fees for the testing carried out in connection with 
the certification, decertification, and recertifi-
cation of voting system hardware and software, 
based on the reasonable costs expected to be in-
curred by the accredited laboratories in carrying 
out the testing for various types of hardware and 
software. 
‘‘(C) REQUESTS AND PAYMENTS BY MANU-
FACTURERS.—A manufacturer of voting system 
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