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H.R. 2722 (116th): SAFE Act


The text of the bill below is as of May 14, 2019 (Introduced).


I

116th CONGRESS

1st Session

H. R. 2722

IN THE HOUSE OF REPRESENTATIVES

May 14, 2019

introduced the following bill; which was referred to the Committee on House Administration, and in addition to the Committee on Science, Space, and Technology, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

A BILL

To protect elections for public office by providing financial support and enhanced security for the infrastructure used to carry out such elections, and for other purposes.

1.

Short title; table of contents

(a)

Short title

This Act may be cited as the Securing America’s Federal Elections Act or the SAFE Act.

(b)

Table of contents

The table of contents of this Act is as follows:

Sec. 1. Short title; table of contents.

Title I—Financial Support for Election Infrastructure

Subtitle A—Voting System Security Improvement Grants

Part 1—Promoting Accuracy, Integrity, and Security Through Voter-Verified Permanent Paper Ballot

Sec. 101. Short title.

Sec. 102. Paper ballot and manual counting requirements.

Sec. 103. Accessibility and ballot verification for individuals with disabilities.

Sec. 104. Durability and readability requirements for ballots.

Sec. 105. Paper ballot printing requirements.

Sec. 106. Study and report on optimal ballot design.

Sec. 107. Effective date for new requirements.

Part 2—Grants to Carry Out Improvements

Sec. 111. Grants for obtaining compliant paper ballot voting systems and carrying out voting system security improvements.

Part 7—Grants for Obtaining Compliant Paper Ballot Voting Systems and Carrying Out Voting System Security Improvements

Sec. 297. Grants for obtaining compliant paper ballot voting systems and carrying out voting system security improvements.

Sec. 297A. Voting system security improvements described.

Sec. 297B. Eligibility of States.

Sec. 297C. Reports to Congress.

Sec. 297D. Authorization of appropriations.

Sec. 112. Coordination of voting system security activities with use of requirements payments and election administration requirements under Help America Vote Act of 2002.

Sec. 113. Incorporation of definitions.

Subtitle B—Grants for Risk-Limiting Audits of Results of Elections

Sec. 121. Grants to States for conducting risk-limiting audits of results of elections.

Part 8—Grants for Conducting Risk-Limiting Audits of Results of Elections

Sec. 298. Grants for conducting risk-limiting audits of results of elections.

Sec. 298A. Eligibility of States.

Sec. 298B. Authorization of appropriations.

Sec. 122. GAO analysis of effects of audits.

Title II—Promoting Cybersecurity Through Improvements in Election Administration

Sec. 201. Testing of existing voting systems to ensure compliance with election cybersecurity guidelines and other guidelines.

Sec. 202. Requiring use of software and hardware for which information is disclosed by manufacturer.

Sec. 203. Treatment of electronic poll books as part of voting systems.

Sec. 204. Pre-election reports on voting system usage.

Sec. 205. Streamlining collection of election information.

Title III—Election security grants advisory committee

Sec. 301. Establishment of advisory committee.

Title IV—Use of voting machines manufactured in the United States

Sec. 401. Use of voting machines manufactured in the United States.

Title V—Severability

Sec. 501. Severability.

I

Financial Support for Election Infrastructure

A

Voting System Security Improvement Grants

1

Promoting Accuracy, Integrity, and Security Through Voter-Verified Permanent Paper Ballot

101.

Short title

This subtitle may be cited as the Voter Confidence and Increased Accessibility Act of 2019.

102.

Paper ballot and manual counting requirements

(a)

In general

Section 301(a)(2) of the Help America Vote Act of 2002 (52 U.S.C. 21081(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 inspection 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 system, so long as the voter shall have the option 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 associate a voter with the record of the voter’s vote without the voter’s consent.

(ii)

Preservation as official record

The individual, durable, voter-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 recount or audit conducted with respect to any election for Federal office in which the voting system is used.

(iii)

Manual counting requirements 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 recount or audit conducted with respect to any election for Federal office.

(II)

In the event of any inconsistencies or irregularities between any electronic vote tallies and the vote tallies determined by counting by hand the individual, 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 ballots

The requirements of this subparagraph shall apply to all ballots cast in elections 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 counting by hand the individual, durable, voter-verified paper ballots used pursuant to subparagraph (A)(i) with respect to any election for Federal office; and

(II)

it is demonstrated by clear and convincing evidence (as determined in accordance with the applicable standards in the jurisdiction involved) in any recount, audit, or contest of the result of the election that the paper ballots have been compromised (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 remedy 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 determining 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 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.

.

(b)

Conforming amendment clarifying applicability of alternative language accessibility

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 used under paragraph (2)) after voting system.

(c)

Other conforming amendments

Section 301(a)(1) of such Act (52 U.S.C. 21081(a)(1)) is amended—

(1)

in subparagraph (A)(i), by striking counted and inserting counted, in accordance with paragraphs (2) and (3);

(2)

in subparagraph (A)(ii), by striking counted and inserting counted, in accordance with paragraphs (2) and (3);

(3)

in subparagraph (A)(iii), by striking counted each place it appears and inserting counted, in accordance with paragraphs (2) and (3); and

(4)

in subparagraph (B)(ii), by striking counted and inserting counted, in accordance with paragraphs (2) and (3).

103.

Accessibility and ballot verification for individuals with disabilities

(a)

In general

Section 301(a)(3)(B) of the Help America Vote Act of 2002 (52 U.S.C. 21081(a)(3)(B)) is amended to read as follows:

(B)
(i)

ensure that individuals with disabilities and others are given an equivalent opportunity to vote, including with privacy and independence, in a manner that produces a voter-verified paper ballot as for other voters;

(ii)

satisfy the requirement of subparagraph (A) through the use of at least one voting system equipped for individuals with disabilities, including nonvisual and enhanced visual accessibility for the blind and visually impaired, and nonmanual and enhanced manual accessibility for the mobility and dexterity impaired, at each polling place; and

(iii)

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 permanent paper ballot through the presentation, in accessible 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 permanent paper ballot without requiring the voter to manually handle the paper ballot;

.

(b)

Specific requirement of study, testing, and development of accessible paper ballot verification mechanisms

(1)

Study and reporting

Subtitle C of title II of such Act (52 U.S.C. 21081 et seq.) is amended—

(A)

by redesignating section 247 as section 248; and

(B)

by inserting after section 246 the following new section:

247.

Study and report on accessible paper ballot verification mechanisms

(a)

Study and report

The Director of the National Science Foundation shall make grants to not fewer than 3 eligible entities to study, test, and develop accessible paper ballot voting, verification, and casting mechanisms and devices and best practices to enhance the accessibility 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 mechanisms 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—

(1)

certifications that the entity shall specifically investigate enhanced methods or devices, including non-electronic devices, that will assist such individuals and voters in marking voter-verified paper ballots and presenting or transmitting the information printed or marked on such ballots back to such individuals and voters, and casting such ballots;

(2)

a certification that the entity shall complete the activities carried out with the grant not later than December 31, 2020; and

(3)

such other information and certifications as the Director may require.

(c)

Availability of technology

Any technology 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 voting systems.

(d)

Coordination with grants for technology 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 provide for the advancement of accessible voting technology.

(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 contents 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 mechanisms.

.

(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 accessibility of the paper ballot verification requirements for individuals with disabilities, the Election Assistance Commission shall include and apply the same accessibility standards applicable under the voluntary guidance adopted for accessible voting systems under such subtitle.

(d)

Permitting use of funds for protection and advocacy systems To support actions To enforce election-Related disability access

Section 292(a) of the Help America Vote Act of 2002 (52 U.S.C. 21062(a)) is amended by striking ; except that and all that follows and inserting a period.

104.

Durability and readability requirements for ballots

Section 301(a) of the Help America Vote Act of 2002 (52 U.S.C. 21081(a)) is amended by adding at the end the following new paragraph:

(7)

Durability and readability requirements 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 durable paper.

(ii)

Definition

For purposes of this Act, paper is durable if it is capable of withstanding multiple counts and recounts by hand without compromising the fundamental integrity of the ballots, and capable of retaining the information marked or printed on them for the full duration of a retention and preservation period of 22 months.

(B)

Readability requirements for paper ballots marked by ballot marking device

All voter-verified paper ballots completed by the voter through the use of a ballot marking device shall be clearly readable by the 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 disabilities.

.

105.

Paper ballot printing requirements

(a)

Requiring paper ballots To be printed on recycled paper manufactured in the United States

Section 301(a) of the Help America Vote Act of 2002 (52 U.S.C. 21081(a)), as amended by section 104, is amended by adding at the end the following new paragraph:

(8)

Printing requirements for ballots

All paper ballots used in an election for Federal office shall be printed in the United States on recycled paper manufactured in the United States.

.

(b)

Effective date

The amendment made by subsection (a) shall apply with respect to elections occurring on or after January 1, 2021.

106.

Study and report on optimal ballot design

(a)

Study

The Election Assistance Commission shall conduct a study of the best ways to design ballots used in elections for public office, including paper ballots and electronic or digital ballots, to minimize confusion and user errors.

(b)

Report

Not later than January 1, 2020, the Election Assistance Commission shall submit to Congress a report on the study conducted under subsection (a).

107.

Effective date for new requirements

Section 301(d) of the Help America Vote Act of 2002 (52 U.S.C. 21081(d)) is amended to read as follows:

(d)

Effective Date

(1)

In general

Except as provided in paragraph (2), each State and jurisdiction shall be required to comply with the requirements of this section on and after January 1, 2006.

(2)

Special rule for certain requirements

(A)

In general

Except as provided in section 105(b) of the Securing America’s Federal Elections Act and subparagraphs (B) and (C), the requirements of this section which are first imposed on a State and jurisdiction pursuant to the amendments made by the Voter Confidence and Increased Accessibility Act of 2019 shall apply with respect to voting systems used for any election for Federal office held in 2020 or any succeeding year.

(B)

Delay for jurisdictions using certain paper record printers or certain systems using or producing voter-verifiable paper records in 2018

(i)

Delay

In the case of a jurisdiction described in clause (ii), subparagraph (A) shall apply to a voting system in the jurisdiction as if the reference in such subparagraph to 2020 were a reference to 2022, but only with respect to the following requirements of this section:

(I)

Paragraph (2)(A)(i)(I) of subsection (a) (relating to the use of voter-verified paper ballots).

(II)

Paragraph (3)(B)(ii)(I) and (II) of subsection (a) (relating to access to verification from and casting of the durable paper ballot).

(III)

Paragraph (7) of subsection (a) (relating to durability and readability requirements for ballots).

(ii)

Jurisdictions described

A jurisdiction described in this clause is a jurisdiction—

(I)

which used voter verifiable paper record printers attached to direct recording electronic voting machines, or which used other voting systems that used or produced paper records of the vote verifiable by voters but that are not in compliance with paragraphs (2)(A)(i)(I), (3)(B)(iii)(I) and (II), and (7) of subsection (a) (as amended or added by the Voter Confidence and Increased Accessibility Act of 2019), for the administration of the regularly scheduled general election for Federal office held in November 2018; and

(II)

which will continue to use such printers or systems for the administration of elections for Federal office held in years before 2022.

(iii)

Mandatory availability of paper ballots at polling places using grandfathered printers and systems

(I)

Requiring ballots to be offered and provided

The appropriate election official at each polling place that uses a printer or system described in clause (ii)(I) for the administration of elections for Federal office shall offer each individual who is eligible to cast a vote in the election at the polling place the opportunity to cast the vote using a blank pre-printed paper ballot which the individual may mark by hand and which is not produced by the direct recording electronic voting machine or other such system. The official shall provide the individual with the ballot and the supplies necessary to mark the ballot, and shall ensure (to the greatest extent practicable) that the waiting period for the individual to cast a vote is the lesser of 30 minutes or the average waiting period for an individual who does not agree to cast the vote using such a paper ballot under this clause.

(II)

Treatment of ballot

Any paper ballot which is cast by an individual under this clause shall be counted and otherwise treated as a regular ballot for all purposes (including by incorporating it into the final unofficial vote count (as defined by the State) for the precinct) and not as a provisional ballot, unless the individual casting the ballot would have otherwise been required to cast a provisional ballot.

(III)

Posting of notice

The appropriate election official shall ensure there is prominently displayed at each polling place a notice that describes the obligation of the official to offer individuals the opportunity to cast votes using a pre-printed blank paper ballot.

(IV)

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 clause, including the requirement to display a notice under subclause (III), 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 blank pre-printed paper ballot.

(V)

Period of applicability

The requirements of this clause apply only during the period in which the delay is in effect under clause (i).

(C)

Special rule for jurisdictions using certain nontabulating ballot marking devices

In the case of a jurisdiction which uses a nontabulating ballot marking device which automatically deposits the ballot into a privacy sleeve, subparagraph (A) shall apply to a voting system in the jurisdiction as if the reference in such subparagraph to any election for Federal office held in 2020 or any succeeding year were a reference to elections for Federal office held in 2022 or each succeeding year, but only with respect to paragraph (3)(B)(iii)(II) of subsection (a) (relating to nonmanual casting of the durable paper ballot).

.

2

Grants to Carry Out Improvements

111.

Grants for obtaining compliant paper ballot voting systems and carrying out voting system security improvements

(a)

Availability of grants

Subtitle D of title II of the Help America Vote Act of 2002 (52 U.S.C. 21001 et seq.) is amended by adding at the end the following new part:

7

Grants for Obtaining Compliant Paper Ballot Voting Systems and Carrying Out Voting System Security Improvements

297.

Grants for obtaining compliant paper ballot voting systems and carrying out voting system security improvements

(a)

Availability and use of grant

The Commission shall make a grant to each eligible State—

(1)

to replace a voting system—

(A)

which does not meet the requirements which are first imposed on the State pursuant to the amendments made by the Voter Confidence and Increased Accessibility Act of 2019 with a voting system which does meet such requirements, for use in the regularly scheduled general elections for Federal office held in November 2020, or

(B)

which does meet such requirements but which is not in compliance with the most recent voluntary voting system guidelines issued by the Commission prior to the regularly scheduled general election for Federal office held in November 2020 with another system which does meet such requirements and is in compliance with such guidelines;

(2)

to carry out voting system security improvements described in section 297A with respect to the regularly scheduled general elections for Federal office held in November 2020 and each succeeding election for Federal office; and

(3)

to implement and model best practices for ballot design, ballot instructions, and the testing of ballots.

(b)

Amount of grant

The amount of a grant made to a State under this section shall be such amount as the Commission determines to be appropriate, except that such amount may not be less than the product of $1 and the average of the number of individuals who cast votes in any of the two most recent regularly scheduled general elections for Federal office held in the State.

(c)

Pro rata reductions

If the amount of funds appropriated for grants under this part is insufficient to ensure that each State receives the amount of the grant calculated under subsection (b), the Commission shall make such pro rata reductions in such amounts as may be necessary to ensure that the entire amount appropriated under this part is distributed to the States.

(d)

Surplus appropriations

If the amount of funds appropriated for grants authorized under section 297D(a)(2) exceed the amount necessary to meet the requirements of subsection (b), the Commission shall consider the following in making a determination to award remaining funds to a State:

(1)

The record of the State in carrying out the following with respect to the administration of elections for Federal office:

(A)

Providing voting machines that are less than 10 years old.

(B)

Implementing strong chain of custody procedures for the physical security of voting equipment and paper records at all stages of the process.

(C)

Conducting pre-election testing on every voting machine and ensuring that paper ballots are available wherever electronic machines are used.

(D)

Maintaining offline backups of voter registration lists.

(E)

Providing a secure voter registration database that logs requests submitted to the database.

(F)

Publishing and enforcing a policy detailing use limitations and security safeguards to protect the personal information of voters in the voter registration process.

(G)

Providing secure processes and procedures for reporting vote tallies.

(H)

Providing a secure platform for disseminating vote totals.

(2)

Evidence of established conditions of innovation and reform in providing voting system security and the proposed plan of the State for implementing additional conditions.

(3)

Evidence of collaboration between relevant stakeholders, including local election officials, in developing the grant implementation plan described in section 297B.

(4)

The plan of the State to conduct a rigorous evaluation of the effectiveness of the activities carried out with the grant.

(e)

Ability of replacement systems To administer ranked choice elections

To the greatest extent practicable, an eligible State which receives a grant to replace a voting system under this section shall ensure that the replacement system is capable of administering a system of ranked choice voting under which each voter shall rank the candidates for the office in the order of the voter’s preference.

297A.

Voting system security improvements described

(a)

Permitted uses

A voting system security improvement described in this section is any of the following:

(1)

The acquisition of goods and services from qualified election infrastructure vendors by purchase, lease, or such other arrangements as may be appropriate.

(2)

Cyber and risk mitigation training.

(3)

A security risk and vulnerability assessment of the State’s election infrastructure which is carried out by a provider of cybersecurity services under a contract entered into between the chief State election official and the provider.

(4)

The maintenance of election infrastructure, including addressing risks and vulnerabilities which are identified under either of the security risk and vulnerability assessments described in paragraph (3), except that none of the funds provided under this part may be used to renovate or replace a building or facility which is used primarily for purposes other than the administration of elections for public office.

(5)

Providing increased technical support for any information technology infrastructure that the chief State election official deems to be part of the State’s election infrastructure or designates as critical to the operation of the State’s election infrastructure.

(6)

Enhancing the cybersecurity and operations of the information technology infrastructure described in paragraph (4).

(7)

Enhancing the cybersecurity of voter registration systems.

(b)

Qualified election infrastructure vendors described

(1)

In general

For purposes of this part, a qualified election infrastructure vendor is any person who provides, supports, or maintains, or who seeks to provide, support, or maintain, election infrastructure on behalf of a State, unit of local government, or election agency (as defined in section 801 of the Election Security Act) who meets the criteria described in paragraph (2).

(2)

Criteria

The criteria described in this paragraph are such criteria as the Chairman, in coordination with the Secretary of Homeland Security, shall establish and publish, and shall include each of the following requirements:

(A)

The vendor must be owned and controlled by a citizen or permanent resident of the United States.

(B)

The vendor must disclose to the Chairman and the Secretary, and to the chief State election official of any State to which the vendor provides any goods and services with funds provided under this part, of any sourcing outside the United States for parts of the election infrastructure.

(C)

The vendor agrees to ensure that the election infrastructure will be developed and maintained in a manner that is consistent with the cybersecurity best practices issued by the Technical Guidelines Development Committee.

(D)

The vendor agrees to maintain its information technology infrastructure in a manner that is consistent with the cybersecurity best practices issued by the Technical Guidelines Development Committee.

(E)

The vendor agrees to meet the requirements of paragraph (3) with respect to any known or suspected cybersecurity incidents involving any of the goods and services provided by the vendor pursuant to a grant under this part.

(F)

The vendor agrees to permit independent security testing by the Commission (in accordance with section 231(a)) and by the Secretary of the goods and services provided by the vendor pursuant to a grant under this part.

(3)

Cybersecurity incident reporting requirements

(A)

In general

A vendor meets the requirements of this paragraph if, upon becoming aware of the possibility that an election cybersecurity incident has occurred involving any of the goods and services provided by the vendor pursuant to a grant under this part—

(i)

the vendor promptly assesses whether or not such an incident occurred, and submits a notification meeting the requirements of subparagraph (B) to the Secretary and the Chairman of the assessment as soon as practicable (but in no case later than 3 days after the vendor first becomes aware of the possibility that the incident occurred);

(ii)

if the incident involves goods or services provided to an election agency, the vendor submits a notification meeting the requirements of subparagraph (B) to the agency as soon as practicable (but in no case later than 3 days after the vendor first becomes aware of the possibility that the incident occurred), and cooperates with the agency in providing any other necessary notifications relating to the incident; and

(iii)

the vendor provides all necessary updates to any notification submitted under clause (i) or clause (ii).

(B)

Contents of notifications

Each notification submitted under clause (i) or clause (ii) of subparagraph (A) shall contain the following information with respect to any election cybersecurity incident covered by the notification:

(i)

The date, time, and time zone when the election cybersecurity incident began, if known.

(ii)

The date, time, and time zone when the election cybersecurity incident was detected.

(iii)

The date, time, and duration of the election cybersecurity incident.

(iv)

The circumstances of the election cybersecurity incident, including the specific election infrastructure systems believed to have been accessed and information acquired, if any.

(v)

Any planned and implemented technical measures to respond to and recover from the incident.

(vi)

In the case of any notification which is an update to a prior notification, any additional material information relating to the incident, including technical data, as it becomes available.

297B.

Eligibility of States

A State is eligible to receive a grant under this part if the State submits to the Commission, at such time and in such form as the Commission may require, an application containing—

(1)

a description of how the State will use the grant to carry out the activities authorized under this part;

(2)

a certification and assurance that, not later than 5 years after receiving the grant, the State will carry out risk-limiting audits and will carry out voting system security improvements, as described in section 297A; and

(3)

such other information and assurances as the Commission may require.

297C.

Reports to Congress

Not later than 90 days after the end of each fiscal year, the Commission shall submit a report to the appropriate congressional committees, including the Committees on Homeland Security, House Administration, and the Judiciary of the House of Representatives and the Committees on Homeland Security and Governmental Affairs, the Judiciary, and Rules and Administration of the Senate, on the activities carried out with the funds provided under this part.

297D.

Authorization of appropriations

(a)

Authorization

There are authorized to be appropriated for grants under this part—

(1)

$1,000,000,000 for fiscal year 2019; and

(2)

$175,000,000 for each of the fiscal years 2020, 2022, 2024, and 2026.

(b)

Continuing availability of amounts

Any amounts appropriated pursuant to the authorization of this section shall remain 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 Obtaining Compliant Paper Ballot Voting Systems and Carrying Out Voting System Security Improvements

Sec. 297. Grants for obtaining compliant paper ballot voting systems and carrying out voting system security improvements.

Sec. 297A. Voting system security improvements described.

Sec. 297B. Eligibility of States.

Sec. 297C. Reports to Congress.

Sec. 297D. Authorization of appropriations.

112.

Coordination of voting system security activities with use of requirements payments and election administration requirements under Help America Vote Act of 2002

(a)

Duties of Election Assistance Commission

Section 202 of the Help America Vote Act of 2002 (52 U.S.C. 20922) is amended in the matter preceding paragraph (1) by striking by and inserting and the security of election infrastructure by.

(b)

Membership of Secretary of Homeland Security on Board of Advisors of Election Assistance Commission

Section 214(a) of such Act (52 U.S.C. 20944(a)) is amended—

(1)

by striking 37 members and inserting 38 members; and

(2)

by adding at the end the following new paragraph:

(17)

The Secretary of Homeland Security or the Secretary’s designee.

.

(c)

Representative of Department of Homeland Security on Technical Guidelines Development Committee

Section 221(c)(1) of such Act (52 U.S.C. 20961(c)(1)) is amended—

(1)

by redesignating subparagraph (E) as subparagraph (F); and

(2)

by inserting after subparagraph (D) the following new subparagraph:

(E)

A representative of the Department of Homeland Security.

.

(d)

Goals of periodic studies of election administration issues; consultation with Secretary of Homeland Security

Section 241(a) of such Act (52 U.S.C. 20981(a)) is amended—

(1)

in the matter preceding paragraph (1), by striking the Commission shall and inserting the Commission, in consultation with the Secretary of Homeland Security (as appropriate), shall;

(2)

by striking and at the end of paragraph (3);

(3)

by redesignating paragraph (4) as paragraph (5); and

(4)

by inserting after paragraph (3) the following new paragraph:

(4)

will be secure against attempts to undermine the integrity of election systems by cyber or other means; and

.

(e)

Requirements payments

(1)

Use of payments for voting system security improvements

Section 251(b) of such Act (52 U.S.C. 21001(b)) is amended by adding at the end the following new paragraph:

(4)

Permitting use of payments for voting system security improvements

A State may use a requirements payment to carry out any of the following activities:

(A)

Cyber and risk mitigation training.

(B)

Providing increased technical support for any information technology infrastructure that the chief State election official deems to be part of the State’s election infrastructure or designates as critical to the operation of the State’s election infrastructure.

(C)

Enhancing the cybersecurity and operations of the information technology infrastructure described in subparagraph (B).

(D)

Enhancing the security of voter registration databases.

.

(2)

Incorporation of election infrastructure protection in State plans for use of payments

Section 254(a)(1) of such Act (52 U.S.C. 21004(a)(1)) is amended by striking the period at the end and inserting , including the protection of election infrastructure..

(3)

Composition of committee responsible for developing State plan for use of payments

Section 255 of such Act (52 U.S.C. 21005) is amended—

(A)

by redesignating subsection (b) as subsection (c); and

(B)

by inserting after subsection (a) the following new subsection:

(b)

Geographic representation

The members of the committee shall be a representative group of individuals from the State’s counties, cities, towns, and Indian tribes, and shall represent the needs of rural as well as urban areas of the State, as the case may be.

.

(f)

Ensuring protection of computerized Statewide voter registration list

Section 303(a)(3) of such Act (52 U.S.C. 21083(a)(3)) is amended by striking the period at the end and inserting , as well as other measures to prevent and deter cybersecurity incidents, as identified by the Commission, the Secretary of Homeland Security, and the Technical Guidelines Development Committee..

113.

Incorporation of definitions

(a)

In general

Section 901 of the Help America Vote Act of 2002 (52 U.S.C. 21141) is amended to read as follows:

901.

Definitions

In this Act, the following definitions apply:

(1)

The term cybersecurity incident has the meaning given the term incident in section 227 of the Homeland Security Act of 2002 (6 U.S.C. 148).

(2)

The term election agency means any component of a State, or any component of a unit of local government in a State, which is responsible for the administration of elections for Federal office in the State.

(3)

The term election infrastructure means storage facilities, polling places, and centralized vote tabulation locations used to support the administration of elections for public office, as well as related information and communications technology, including voter registration databases, voting machines, electronic mail and other communications systems (including electronic mail and other systems of vendors who have entered into contracts with election agencies to support the administration of elections, manage the election process, and report and display election results), and other systems used to manage the election process and to report and display election results on behalf of an election agency.

(4)

The term State means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands.

.

(b)

Clerical amendment

The table of contents of such Act is amended by amending the item relating to section 901 to read as follows:

Sec. 901. Definitions.

.

B

Grants for Risk-Limiting Audits of Results of Elections

121.

Grants to States for conducting risk-limiting audits of results of elections

(a)

Availability of grants

Subtitle D of title II of the Help America Vote Act of 2002 (52 U.S.C. 21001 et seq.), as amended by section 111(a), is amended by adding at the end the following new part:

8

Grants for Conducting Risk-Limiting Audits of Results of Elections

298.

Grants for conducting risk-limiting audits of results of elections

(a)

Availability of grants

The Commission shall make a grant to each eligible State to conduct risk-limiting audits as described in subsection (b) with respect to the regularly scheduled general elections for Federal office held in November 2020 and each succeeding election for Federal office.

(b)

Risk-Limiting audits described

In this part, a risk-limiting audit is a post-election process—

(1)

which is conducted in accordance with rules and procedures established by the chief State election official of the State which meet the requirements of subsection (c); and

(2)

under which, if the reported outcome of the election is incorrect, there is at least a predetermined percentage chance that the audit will replace the incorrect outcome with the correct outcome as determined by a full, hand-to-eye tabulation of all votes validly cast in that election that ascertains voter intent manually and directly from voter-verifiable paper records.

(c)

Requirements for rules and procedures

The rules and procedures established for conducting a risk-limiting audit shall include the following elements:

(1)

Rules for ensuring the security of ballots and documenting that prescribed procedures were followed.

(2)

Rules and procedures for ensuring the accuracy of ballot manifests produced by election agencies.

(3)

Rules and procedures for governing the format of ballot manifests, cast vote records, and other data involved in the audit.

(4)

Methods to ensure that any cast vote records used in the audit are those used by the voting system to tally the election results sent to the chief State election official and made public.

(5)

Procedures for the random selection of ballots to be inspected manually during each audit.

(6)

Rules for the calculations and other methods to be used in the audit and to determine whether and when the audit of an election is complete.

(7)

Procedures and requirements for testing any software used to conduct risk-limiting audits.

(d)

Definitions

In this part, the following definitions apply:

(1)

The term ballot manifest means a record maintained by each election agency that meets each of the following requirements:

(A)

The record is created without reliance on any part of the voting system used to tabulate votes.

(B)

The record functions as a sampling frame for conducting a risk-limiting audit.

(C)

The record contains the following information with respect to the ballots cast and counted in the election:

(i)

The total number of ballots cast and counted by the agency (including undervotes, overvotes, and other invalid votes).

(ii)

The total number of ballots cast in each election administered by the agency (including undervotes, overvotes, and other invalid votes).

(iii)

A precise description of the manner in which the ballots are physically stored, including the total number of physical groups of ballots, the numbering system for each group, a unique label for each group, and the number of ballots in each such group.

(2)

The term incorrect outcome means an outcome that differs from the outcome that would be determined by a full tabulation of all votes validly cast in the election, determining voter intent manually, directly from voter-verifiable paper records.

(3)

The term outcome means the winner of an election, whether a candidate or a position.

(4)

The term reported outcome means the outcome of an election which is determined according to the canvass and which will become the official, certified outcome unless it is revised by an audit, recount, or other legal process.

298A.

Eligibility of States

A State is eligible to receive a grant under this part if the State submits to the Commission, at such time and in such form as the Commission may require, an application containing—

(1)

a certification that, not later than 5 years after receiving the grant, the State will conduct risk-limiting audits of the results of elections for Federal office held in the State as described in section 298;

(2)

a certification that, not later than one year after the date of the enactment of this section, the chief State election official of the State has established or will establish the rules and procedures for conducting the audits which meet the requirements of section 298(c);

(3)

a certification that the audit shall be completed not later than the date on which the State certifies the results of the election;

(4)

a certification that, after completing the audit, the State shall publish a report on the results of the audit, together with such information as necessary to confirm that the audit was conducted properly;

(5)

a certification that, if a risk-limiting audit conducted under this part leads to a full manual tally of an election, State law requires that the State or election agency shall use the results of the full manual tally as the official results of the election; and

(6)

such other information and assurances as the Commission may require.

298B.

Authorization of appropriations

There are authorized to be appropriated for grants under this part $20,000,000 for fiscal year 2019, to remain available until expended.

.

(b)

Clerical amendment

The table of contents of such Act, as amended by section 111(b), is further amended by adding at the end of the items relating to subtitle D of title II the following:

Part 8—Grants for Conducting Risk-Limiting Audits of Results of Elections

Sec. 298. Grants for conducting risk-limiting audits of results of elections.

Sec. 298A. Eligibility of States.

Sec. 298B. Authorization of appropriations.

122.

GAO analysis of effects of audits

(a)

Analysis

Not later than 6 months after the first election for Federal office is held after grants are first awarded to States for conducting risk-limiting audits under part 8 of subtitle D of title II of the Help America Vote Act of 2002 (as added by section 121) for conducting risk-limiting audits of elections for Federal office, the Comptroller General of the United States shall conduct an analysis of the extent to which such audits have improved the administration of such elections and the security of election infrastructure in the States receiving such grants.

(b)

Report

The Comptroller General of the United States shall submit a report on the analysis conducted under subsection (a) to the appropriate congressional committees.

II

Promoting Cybersecurity Through Improvements in Election Administration

201.

Testing of existing voting systems to ensure compliance with election cybersecurity guidelines and other guidelines

(a)

Requiring testing of existing voting systems

(1)

In general

Section 231(a) of the Help America Vote Act of 2002 (52 U.S.C. 20971(a)) is amended by adding at the end the following new paragraph:

(3)

Testing to ensure compliance with guidelines

(A)

Testing

Not later than 9 months before the date of each regularly scheduled general election for Federal office, the Commission shall provide for the testing by accredited laboratories under this section of the voting system hardware and software which was certified for use in the most recent such election, on the basis of the most recent voting system guidelines applicable to such hardware or software (including election cybersecurity guidelines) issued under this Act.

(B)

Decertification of hardware or software failing to meet guidelines

If, on the basis of the testing described in subparagraph (A), the Commission determines that any voting system hardware or software does not meet the most recent guidelines applicable to such hardware or software issued under this Act, the Commission shall decertify such hardware or software.

.

(2)

Effective date

The amendment made by paragraph (1) shall apply with respect to the regularly scheduled general election for Federal office held in November 2020 and each succeeding regularly scheduled general election for Federal office.

(b)

Issuance of cybersecurity guidelines by Technical Guidelines Development Committee

Section 221(b) of the Help America Vote Act of 2002 (52 U.S.C. 20961(b)) is amended by adding at the end the following new paragraph:

(3)

Election cybersecurity guidelines

Not later than 6 months after the date of the enactment of this paragraph, the Development Committee shall issue election cybersecurity guidelines, including standards and best practices for procuring, maintaining, testing, operating, and updating election systems to prevent and deter cybersecurity incidents.

.

202.

Requiring use of software and hardware for which information is disclosed by manufacturer

(a)

Requirement

Section 301(a) of the Help America Vote Act of 2002 (52 U.S.C. 21081(a)), as amended by sections 104 and 105, is amended by adding at the end the following new paragraph:

(9)

Requiring use of software and hardware for which information is disclosed by manufacturer

(A)

Requiring use of software for which source code is disclosed by manufacturer

(i)

In general

In the operation of voting systems in an election for Federal office, a State may only use software for which the manufacturer makes the source code (in the form in which will be used at the time of the election) publicly available online under a license that grants a worldwide, royalty-free, non-exclusive, perpetual, sub-licensable license to all intellectual property rights in such source code, except that the manufacturer may prohibit a person who obtains the software from using the software in a manner that is primarily intended for or directed toward commercial advantage or private monetary compensation that is unrelated to carrying out legitimate research or cybersecurity activity.

(ii)

Exceptions

Clause (i) does not apply with respect to—

(I)

widely-used operating system software which is not specific to voting systems and for which the source code or baseline functionality is not altered; or

(II)

widely-used cybersecurity software which is not specific to voting systems and for which the source code or baseline functionality is not altered.

(B)

Requiring use of hardware for which information is disclosed by manufacturer

(i)

Requiring disclosure of hardware

A State may not use a voting system in an election for Federal office unless the manufacturer of the system publicly discloses online the identification of the hardware used to operate the system.

(ii)

Additional disclosure requirements for custom or altered hardware

To the extent that the hardware used to operate a voting system or any component thereof is not widely-used, or is widely-used but is altered, the State may not use the system in an election for Federal office unless—

(I)

the manufacturer of the system publicly discloses online the components of the hardware, the design of such components, and how such components are connected in the operation of the system; and

(II)

the manufacturer makes the design (in the form which will be used at the time of the election) publicly available online under a license that grants a worldwide, royalty-free, non-exclusive, perpetual, sub-licensable license to all intellectual property rights in the design of the hardware or the component, except that the manufacturer may prohibit a person who obtains the design from using the design in a manner that is primarily intended for or directed toward commercial advantage or private monetary compensation that is unrelated to carrying out legitimate research or cybersecurity activity.

.

(b)

Effective date

The amendment made by subsection (a) shall apply with respect to elections for Federal office held in 2020 or any succeeding year.

203.

Treatment of electronic poll books as part of voting systems

(a)

Inclusion in definition of voting system

Section 301(b) of the Help America Vote Act of 2002 (52 U.S.C. 21081(b)) is amended—

(1)

in the matter preceding paragraph (1), by striking this section and inserting this Act;

(2)

by striking and at the end of paragraph (1);

(3)

by redesignating paragraph (2) as paragraph (3); and

(4)

by inserting after paragraph (1) the following new paragraph:

(2)

any electronic poll book used with respect to the election; and

.

(b)

Definition

Section 301 of such Act (52 U.S.C. 21081) is amended—

(1)

by redesignating subsections (c) and (d) as subsections (d) and (e); and

(2)

by inserting after subsection (b) the following new subsection:

(c)

Electronic poll book defined

In this Act, the term electronic poll book means the total combination of mechanical, electromechanical, or electronic equipment (including the software, firmware, and documentation required to program, control, and support the equipment) that is used—

(1)

to retain the list of registered voters at a polling location, or vote center, or other location at which voters cast votes in an election for Federal office; and

(2)

to identify registered voters who are eligible to vote in an election.

.

(c)

Effective date

Section 301(e) of such Act (52 U.S.C. 21081(e)), as redesignated by subsection (b), is amended by striking the period at the end and inserting the following: , or, with respect to any requirements relating to electronic poll books, on and after January 1, 2020..

204.

Pre-election reports on voting system usage

(a)

Requiring States To submit reports

Title III of the Help America Vote Act of 2002 (52 U.S.C. 21081 et seq.) is amended by inserting after section 301 the following new section:

301A.

Pre-election reports on voting system usage

(a)

Requiring States To submit reports

Not later than 120 days before the date of each regularly scheduled general election for Federal office, the chief State election official of a State shall submit a report to the Commission containing a detailed voting system usage plan for each jurisdiction in the State which will administer the election, including a detailed plan for the usage of electronic poll books and other equipment and components of such system.

(b)

Effective date

Subsection (a) shall apply with respect to the regularly scheduled general election for Federal office held in November 2020 and each succeeding regularly scheduled general election for Federal office.

.

(b)

Conforming amendment relating to enforcement

Section 401 of such Act (52 U.S.C. 21111) is amended by striking sections 301, 302, and 303 and inserting subtitle A of title III.

(c)

Clerical amendment

The table of contents of such Act is amended by inserting after the item relating to section 301 the following new item:

Sec. 301A. Pre-election reports on voting system usage.

.

205.

Streamlining collection of election information

Section 202 of the Help America Vote Act of 2002 (52 U.S.C. 20922) is amended—

(1)

by striking The Commission and inserting (a) In general.—The Commission; and

(2)

by adding at the end the following new subsection:

(b)

Waiver of certain requirements

Subchapter I of chapter 35 of title 44, United States Code, shall not apply to the collection of information for purposes of maintaining the clearinghouse described in paragraph (1) of subsection (a).

.

III

Election security grants advisory committee

301.

Establishment of advisory committee

(a)

In general

Subtitle A of title II of the Help America Vote Act of 2002 (52 U.S.C. 20921 et seq.) is amended by adding at the end the following:

4

Election security grants advisory committee

225.

Election security grants advisory committee

(a)

Establishment

There is hereby established an advisory committee (hereinafter in this part referred to as the Committee) to assist the Commission with respect to the award of grants to States under this Act for the purpose of election security.

(b)

Duties

(1)

In general

The Committee shall, with respect to an application for a grant received by the Commission—

(A)

review such application; and

(B)

recommend to the Commission whether to award the grant to the applicant.

(2)

Considerations

In reviewing an application pursuant to paragraph (1)(A), the Committee shall consider—

(A)

the record of the applicant with respect to—

(i)

compliance of the applicant with the requirements under subtitle A of title III; and

(ii)

adoption of voluntary guidelines issued by the Commission under subtitle B of title III; and

(B)

the goals and requirements of election security as described in the Securing America’s Federal Elections Act.

(c)

Membership

The Committee shall be composed of 15 individuals appointed by the Executive Director of the Commission with experience and expertise in election security.

(d)

No compensation for service

Members of the Committee shall not receive any compensation for their service, but shall be paid travel expenses, including per diem in lieu of subsistence, at rates authorized for employees of agencies under subchapter I of chapter 57 of title 5, United States Code, while away from their homes or regular places of business in the performance of services for the Committee.

.

(b)

Effective date

The amendments made by this section shall take effect 1 year after the date of enactment of this Act.

IV

Use of voting machines manufactured in the United States

401.

Use of voting machines manufactured in the United States

Section 301(a) of the Help America Vote Act of 2002 (52 U.S.C. 21081(a)), as amended by section 104, section 105, and section 202 is amended by adding at the end the following new paragraph:

(10)

Voting machine requirements

By not later than the date of the regularly scheduled general election for Federal office occurring in November 2022, each State shall seek to ensure that any voting machine used in such election and in any subsequent election for Federal office is manufactured in the United States.

.

V

Severability

501.

Severability

If any provision of this Act or amendment made by this Act, or the application of a provision or amendment to any person or circumstance, is held to be unconstitutional, the remainder of this Act and amendments made by this Act, and the application of the provisions and amendment to any person or circumstance, shall not be affected by the holding.