[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 378 Introduced in House (IH)]
<DOC>
116th CONGRESS
1st Session
H. R. 378
To amend the Help America Vote Act of 2002 to require voting systems
used in elections for Federal office to produce a voter-verified,
auditable paper record of the votes cast in such elections, to require
State election officials to audit the results of such elections prior
to certifying the results, to provide grants to States to improve
voting system security, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 9, 2019
Mrs. Dingell 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 amend the Help America Vote Act of 2002 to require voting systems
used in elections for Federal office to produce a voter-verified,
auditable paper record of the votes cast in such elections, to require
State election officials to audit the results of such elections prior
to certifying the results, to provide grants to States to improve
voting system security, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Safeguarding Election Infrastructure
Act of 2019''.
SEC. 2. REQUIRING USE OF VOTING SYSTEMS CAPABLE OF PRODUCING VOTER-
VERIFIED, AUDITABLE PAPER RECORD IN ELECTIONS FOR FEDERAL
OFFICE.
(a) Moratorium on Acquisition of Certain Direct Recording
Electronic Voting Systems and Certain Other Voting Systems.--Section
301 of the Help America Vote Act of 2002 (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) Moratorium on Acquisition of Certain Direct Recording
Electronic Voting Systems and Certain Other Voting Systems.--Beginning
on the date of the enactment of the Safeguarding Election
Infrastructure Act of 2019, no State or jurisdiction may purchase or
otherwise acquire for use in an election for Federal office a direct
recording electronic voting system or other electronic voting system
that does not produce a voter-verified paper record as required by
section 301(a)(2) (as amended by such Act).''.
(b) Paper Ballot and Manual Counting Requirements.--
(1) In general.--Section 301(a)(2) of such Act (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 (or, in the case of an individual with a
disability, by such alternative method as the
election official shall establish that provides
an equivalent opportunity, including with
privacy and independence, as for other voters).
``(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.''.
(2) 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''.
(3) Other conforming amendments.--Section 301(a)(1) of such
Act (52 U.S.C. 21081(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)''.
(c) Effective Date.--Section 301(d) of such Act (52 U.S.C.
21081(d)) is amended by striking the period at the end and inserting
the following: ``, or, in the case of the requirements of this section
which are first imposed on a State or jurisdiction pursuant to the
amendments made by section 2 of the Safeguarding Election
Infrastructure Act of 2019, with respect to voting systems used for
elections held on or after the expiration of the 1-year period which
begins on the date of the enactment of such Act''.
SEC. 3. MANDATORY MANUAL AUDITS OF RESULTS OF FEDERAL ELECTIONS.
(a) Requiring Audits of Results.--Title III of the Help America
Vote Act of 2002 (52 U.S.C. 21081 et seq.) is amended by adding at the
end the following new subtitle:
``Subtitle C--Mandatory Manual Audits
``SEC. 321. REQUIRING AUDITS OF RESULTS OF ELECTIONS.
``(a) Requiring Audits.--
``(1) In general.--In accordance with this subtitle, each
State shall administer, without advance notice to the precincts
or alternative audit units selected, audits of the results of
all elections for Federal office held in the State (and, at the
option of the State or jurisdiction involved, of elections for
State and local office held at the same time as such election)
consisting of random hand counts of the voter-verified paper
ballots required to be used and preserved pursuant to section
301(a)(2).
``(2) Exception for certain elections.--A State shall not
be required to administer an audit of the results of an
election for Federal office under this subtitle if the winning
candidate in the election--
``(A) had no opposition on the ballot; or
``(B) received 59 percent or more of the total
number of votes cast in the election, as determined on
the basis of the final unofficial vote count.
``(b) Determination of Entity Conducting Audits; Application of GAO
Independence Standards.--The State shall administer audits under this
subtitle through an entity selected for such purpose by the State in
accordance with such criteria as the State considers appropriate
consistent with the requirements of this subtitle, except that the
entity must meet the general standards established by the Comptroller
General and as set forth in the Comptroller General's Government
Auditing Standards to ensure the independence (including, except as
provided under section 323(b), the organizational independence) of
entities performing financial audits, attestation engagements, and
performance audits.
``(c) References to Election Auditor.--In this subtitle, the term
`Election Auditor' means, with respect to a State, the entity selected
by the State under subsection (b).
``SEC. 322. NUMBER OF BALLOTS COUNTED UNDER AUDIT.
``(a) In General.--Except as provided in subsection (b), the number
of voter-verified paper ballots which will be subject to a hand count
administered by the Election Auditor of a State under this subtitle
with respect to an election shall be determined as follows:
``(1) In the event that the unofficial count as described
in section 323(a)(1) reveals that the margin of victory between
the two candidates receiving the largest number of votes in the
election is less than 1 percent of the total votes cast in that
election, the hand counts of the voter-verified paper ballots
shall occur in at least 10 percent of all precincts or
equivalent locations (or alternative audit units used in
accordance with the method provided for under subsection (b))
in the congressional district involved (in the case of an
election for the House of Representatives) or the State (in the
case of any other election for Federal office).
``(2) In the event that the unofficial count as described
in section 323(a)(1) reveals that the margin of victory between
the two candidates receiving the largest number of votes in the
election is greater than or equal to 1 percent but less than 2
percent of the total votes cast in that election, the hand
counts of the voter-verified paper ballots shall occur in at
least 5 percent of all precincts or equivalent locations (or
alternative audit units used in accordance with the method
provided for under subsection (b)) in the congressional
district involved (in the case of an election for the House of
Representatives) or the State (in the case of any other
election for Federal office).
``(3) In the event that the unofficial count as described
in section 323(a)(1) reveals that the margin of victory between
the two candidates receiving the largest number of votes in the
election is equal to or greater than 2 percent of the total
votes cast in that election, the hand counts of the voter-
verified paper ballots shall occur in at least 3 percent of all
precincts or equivalent locations (or alternative audit units
used in accordance with the method provided for under
subsection (b)) in the congressional district involved (in the
case of an election for the House of Representatives) or the
State (in the case of any other election for Federal office).
``(b) Use of Alternative Mechanism.--
``(1) Permitting use of alternative mechanism.--
Notwithstanding subsection (a), a State may adopt and apply an
alternative mechanism to determine the number of voter-verified
paper ballots which will be subject to the hand counts required
under this subtitle with respect to an election, so long as the
alternative mechanism uses the voter-verified paper ballots to
conduct the audit and the National Institute of Standards and
Technology determines that the alternative mechanism is in
accordance with the principles set forth in paragraph (2).
``(2) Principles for approval.--In approving an alternative
mechanism under paragraph (1), the National Institute of
Standards and Technology shall ensure that the audit procedure
will have the property that for each election--
``(A) the alternative mechanism will be at least as
statistically effective in ensuring the accuracy of the
election results as the procedures under this subtitle;
or
``(B) the alternative mechanism will achieve at
least a 95 percent confidence interval (as determined
in accordance with criteria set forth by the National
Institute of Standards and Technology) with respect to
the outcome of the election.
``(3) Deadline for response; reasons for denial.--The
Director of the National Institute of Standards and Technology
shall make a determination regarding a State's request to
approve an alternative mechanism under paragraph (1) not later
than 30 days after receiving the State's request. If the
Director rejects such a request, the Director shall provide the
State with the reasons for the rejection in writing.
``SEC. 323. PROCESS FOR ADMINISTERING AUDITS.
``(a) In General.--The Election Auditor of a State shall administer
an audit under this section of the results of an election in accordance
with the following procedures:
``(1) Within 24 hours after the State announces the final
unofficial vote count (as defined by the State) in each
precinct in the State, the Election Auditor shall--
``(A) determine and then announce publicly the
precincts or equivalent locations (or alternative audit
units used in accordance with the method provided under
section 322(b)) in the State in which it will
administer the audits; and
``(B) with respect to votes cast at the precinct or
equivalent location on or before the date of the
election (other than provisional ballots described in
paragraph (2)), begin to administer the hand count of
the votes on the voter-verified paper ballots required
to be used and preserved under section 301(a)(2)(A) and
the comparison of the count of the votes on those
ballots with the final unofficial count of such votes
as announced by the State.
``(2) With respect to votes cast other than at the precinct
on the date of the election (other than votes cast by
provisional ballot on the date of the election which are
certified and counted by the State on or after the date of the
election), including votes cast by absent uniformed services
voters and overseas voters under the Uniformed and Overseas
Citizens Absentee Voting Act, the Election Auditor shall
administer the hand count of the votes on the applicable voter-
verified paper ballots required to be produced and preserved
under section 301(a)(2)(A) and the comparison of the count of
the votes on those ballots with the final unofficial count of
such votes as announced by the State.
``(b) Use of Personnel.--In administering the audits, the Election
Auditor may utilize the services of the personnel of the State or
jurisdiction, including election administration personnel and poll
workers, without regard to whether or not the personnel have
professional auditing experience.
``(c) Location.--The Election Auditor shall administer an audit of
an election--
``(1) at the location where the ballots cast in the
election are stored and counted after the date of the election
or such other appropriate and secure location agreed upon by
the Election Auditor and the individual that is responsible
under State law for the custody of the ballots; and
``(2) in the presence of the personnel who under State law
are responsible for the custody of the ballots.
``(d) Special Rule in Case of Delay in Reporting Absentee Vote
Count.--In the case of a State in which the final count of absentee and
provisional votes is not announced until after the date of the
election, the Election Auditor shall initiate the process described in
subsection (a) for administering the audit not later than 24 hours
after the State announces the final unofficial vote count for the votes
cast at the precinct or equivalent location on or before the date of
the election, and shall initiate the administration of the audit of the
absentee and provisional votes pursuant to subsection (a)(2) not later
than 24 hours after the State announces the final unofficial count of
such votes.
``(e) Additional Audits if Cause Shown.--
``(1) In general.--If the Election Auditor finds that any
of the hand counts administered under this section do not match
the final unofficial tally of the results of an election, the
Election Auditor shall administer hand counts under this
section of such additional precincts (or alternative audit
units) as the Election Auditor considers appropriate to resolve
any concerns resulting from the audit and ensure the accuracy
of the election results.
``(2) Establishment and publication of procedures governing
additional audits.--Not later than June 1, 2022, each State
shall establish and publish procedures for carrying out the
additional audits under this subsection, including the means by
which the State shall resolve any concerns resulting from the
audit with finality and ensure the accuracy of the election
results.
``(f) Public Observation of Audits.--Each audit conducted under
this section shall be conducted in a manner that allows public
observation of the entire process.
``SEC. 324. SELECTION OF PRECINCTS.
``(a) In General.--Except as provided in subsection (c), the
selection of the precincts or alternative audit units in the State in
which the Election Auditor of the State shall administer the hand
counts under this subtitle shall be made by the Election Auditor on a
random basis, in accordance with procedures adopted by the National
Institute of Standards and Technology, except that at least one
precinct shall be selected at random in each county, with additional
precincts selected by the Election Auditor at the Auditor's discretion.
``(b) Public Selection.--The random selection of precincts under
subsection (a) shall be conducted in public, at a time and place
announced in advance.
``(c) Mandatory Selection of Precincts Established Specifically For
Absentee Ballots.--If a State does not sort absentee ballots by
precinct and include those ballots in the hand count with respect to
that precinct, the State shall create absentee ballot precincts or
audit units which are of similar size to the average precinct or audit
unit in the jurisdiction being audited, and shall include those
absentee precincts or audit units among the precincts in the State in
which the Election Auditor shall administer the hand counts under this
subtitle.
``(d) Deadline for Adoption of Procedures by Commission.--The
National Institute of Standards and Technology shall adopt the
procedures described in subsection (a) not later than October 1, 2021,
and shall publish them in the Federal Register upon adoption.
``SEC. 325. PUBLICATION OF RESULTS.
``(a) Submission to Commission.--As soon as practicable after the
completion of an audit under this subtitle, the Election Auditor of a
State shall submit to the Commission the results of the audit, and
shall include in the submission a comparison of the results of the
election in the precinct as determined by the Election Auditor under
the audit and the final unofficial vote count in the precinct as
announced by the State and all undervotes, overvotes, blank ballots,
and spoiled, voided, or cancelled ballots, as well as a list of any
discrepancies discovered between the initial, subsequent, and final
hand counts administered by the Election Auditor and such final
unofficial vote count and any explanation for such discrepancies,
broken down by the categories of votes described in paragraphs (1)(B)
and (2) of section 323(a).
``(b) Publication by Commission.--Immediately after receiving the
submission of the results of an audit from the Election Auditor of a
State under subsection (a), the Commission shall publicly announce and
publish the information contained in the submission.
``(c) Delay in Certification of Results by State.--
``(1) Prohibiting certification until completion of
audits.--No State may certify the results of any election which
is subject to an audit under this subtitle prior to--
``(A) the completion of the audit (and, if
required, any additional audit conducted under section
323(e)(1)) and the announcement and submission of the
results of each such audit to the Commission for
publication of the information required under this
section; and
``(B) the completion of any procedure established
by the State pursuant to section 323(e)(2) to resolve
discrepancies and ensure the accuracy of results.
``(2) Deadline for completion of audits of presidential
elections.--In the case of an election for electors for
President and Vice President which is subject to an audit under
this subtitle, the State shall complete the audits and announce
and submit the results to the Commission for publication of the
information required under this section in time for the State
to certify the results of the election and provide for the
final determination of any controversy or contest concerning
the appointment of such electors prior to the deadline
described in section 6 of title 3, United States Code.
``SEC. 326. PAYMENTS TO STATES.
``(a) Payments For Costs of Conducting Audits.--In accordance with
the requirements and procedures of this section, the Commission shall
make a payment to a State to cover the costs incurred by the State in
carrying out this subtitle with respect to the elections that are the
subject of the audits conducted under this subtitle.
``(b) Certification of Compliance and Anticipated Costs.--
``(1) Certification required.--In order to receive a
payment under this section, a State shall submit to the
Commission, in such form as the Commission may require, a
statement containing--
``(A) a certification that the State will conduct
the audits required under this subtitle in accordance
with all of the requirements of this subtitle;
``(B) a notice of the reasonable costs incurred or
the reasonable costs anticipated to be incurred by the
State in carrying out this subtitle with respect to the
elections involved; and
``(C) such other information and assurances as the
Commission may require.
``(2) Amount of payment.--The amount of a payment made to a
State under this section shall be equal to the reasonable costs
incurred or the reasonable costs anticipated to be incurred by
the State in carrying out this subtitle with respect to the
elections involved, as set forth in the statement submitted
under paragraph (1).
``(3) Timing of notice.--The State may not submit a notice
under paragraph (1) until candidates have been selected to
appear on the ballot for all of the elections for Federal
office which will be the subject of the audits involved.
``(c) Timing of Payments.--The Commission shall make the payment
required under this section to a State not later than 30 days after
receiving the notice submitted by the State under subsection (b).
``(d) Recoupment of Overpayments.--No payment may be made to a
State under this section unless the State agrees to repay to the
Commission (for deposit in the general fund of the Treasury) the excess
(if any) of--
``(1) the amount of the payment received by the State under
this section with respect to the elections involved; over
``(2) the actual costs incurred by the State in carrying
out this subtitle with respect to the elections involved.
``(e) Authorization of Appropriations.--
``(1) In general.--There is authorized to be appropriated
to the Commission for fiscal year 2022 and each succeeding
fiscal year $45,000,000 for payments under this section.
``(2) Continuing availability of amounts appropriated.--Any
amount appropriated for a fiscal year pursuant to the
authorization under paragraph (1) shall remain available until
expended.
``SEC. 327. EXCEPTION FOR ELECTIONS SUBJECT TO RECOUNT UNDER STATE LAW
PRIOR TO CERTIFICATION.
``(a) Exception.--This subtitle does not apply to any election for
which a recount under State law will commence prior to the
certification of the results of the election, including but not limited
to a recount required automatically because of the margin of victory
between the 2 candidates receiving the largest number of votes in the
election, but only if each of the following applies to the recount:
``(1) The recount commences prior to the determination and
announcement by the Election Auditor under section 323(a)(1) of
the precincts in the State in which it will administer the
audits under this subtitle.
``(2) If the recount would apply to fewer than 100 percent
of the ballots cast in the election--
``(A) the number of ballots counted will be at
least as many as would be counted if an audit were
conducted with respect to the election in accordance
with this subtitle; and
``(B) the selection of the precincts in which the
recount will be conducted will be made in accordance
with the random selection procedures applicable under
section 324.
``(3) The recount for the election meets the requirements
of section 323(f) (relating to public observation).
``(4) The State meets the requirements of section 325
(relating to the publication of results and the delay in the
certification of results) with respect to the recount.
``(b) Clarification of Effect on Other Requirements.--Nothing in
this section may be construed to waive the application of any other
provision of this Act to any election (including the requirement set
forth in section 301(a)(2) that the voter-verified paper ballots serve
as the vote of record and shall be counted by hand in all audits and
recounts, including audits and recounts described in this subtitle).
``SEC. 328. EFFECTIVE DATE.
``This subtitle shall apply with respect to the regularly scheduled
general elections for Federal office held in November 2022 and each
succeeding election for Federal office.''.
(b) Availability of Enforcement Under Help America Vote Act of
2002.--Section 401 of such Act (52 U.S.C. 21111) is amended by striking
``sections 301, 302, and 303'' and inserting ``title III''.
(c) Clerical Amendment.--The table of contents of such Act is
amended by adding at the end of the items relating to title III the
following:
``Subtitle C--Mandatory Manual Audits
``Sec. 321. Requiring audits of results of elections.
``Sec. 322. Number of ballots counted under audit.
``Sec. 323. Process for administering audits.
``Sec. 324. Selection of precincts.
``Sec. 325. Publication of results.
``Sec. 326. Payments to States.
``Sec. 327. Exception for elections subject to recount under State law
prior to certification.
``Sec. 328. Effective date.''.
SEC. 4. INCENTIVES TO STATES TO IMPROVE VOTING SYSTEM SECURITY.
(a) Grants From Election Assistance Commission.--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:
``PART 7--PAYMENTS FOR IMPROVING VOTING SYSTEM SECURITY
``SEC. 297. INCENTIVES FOR STATES TO IMPROVE VOTING SYSTEM SECURITY.
``(a) Grants Authorized.--
``(1) In general.--From the amounts made available under
section 297E for a fiscal year and not reserved under section
(b) of such section, the Commission shall award grants on a
competitive basis to States in accordance with section 297B.
``(2) Number of grants.--A State may not receive more than
1 grant under this part for a fiscal year.
``(b) Use of Funds.--Each State that receives a grant under this
part shall use the funds provided by the grant to carry out the State's
grant implementation plan described in section 297A(b).
``SEC. 297A. CRITERIA FOR AWARDING GRANTS.
``(a) Applications.--Each State that desires to receive a grant
under this part shall submit an application to the Commission at such
time, in such manner, and containing such information as the Commission
may reasonably require. At a minimum, each such application shall
include each of the following:
``(1) The grant implementation plan described in subsection
(b).
``(2) Evidence of established conditions of innovation and
reform in providing voting system security and the State's
proposed plan for implementing additional conditions.
``(3) Evidence of collaboration between relevant
stakeholders in developing the grant implementation plan
described in subsection (b).
``(4) Annual performance measures and targets for the
activities carried out with the grant.
``(5) A description of the State's plan to conduct a
rigorous evaluation of the effectiveness of the activities
carried out with the grant.
``(b) Grant Implementation Plan.--The grant implementation plan
described in this subsection is a plan developed by the State for using
funds provided by the grant to carry out some or all of the following,
and to otherwise meet the requirements of section 301 which are first
imposed on a State or jurisdiction pursuant to the amendments made by
section 2 of the Safeguarding Election Infrastructure Act of 2019,
during the grant implementation period:
``(1) Providing voting machines that are less than 10 years
old as of the date on which the State submits its application
for the grant under subsection (a).
``(2) Updating voting equipment to provide a verifiable
paper trail at polling stations.
``(3) Implementing strong chain of custody procedures for
the physical security of voting equipment and paper records at
all stages of the process.
``(4) Conducting pre-election testing on every voting
machine and ensuring paper ballots are available wherever
electronic machines are used.
``(5) Keeping offline backups of voter registration lists.
``(6) Providing a secure voter registration database that
logs requests submitted to the database.
``(7) Publishing and enforcing a policy detailing use
limitations and security safeguards to protect voters' personal
information in the voter registration process.
``(8) Providing secure processes and procedures for
reporting vote tallies.
``(9) Providing a secure platform for disseminating vote
totals.
``(c) Grant Implementation Period Defined.--In this part, the
`grant implementation period' with respect to a grant is the 4-year
period which begins on the first day of the fiscal year for which the
grant is awarded.
``SEC. 297B. CRITERIA FOR EVALUATING APPLICATIONS.
``(a) Award Basis.--The Commission shall award grants to States
under this part on a competitive basis, based on the quality of the
State's application submitted under section 297A, including--
``(1) the quality and likelihood of success of the State's
grant implementation plan described in section 297A(b),
including the State's capacity to implement the plan and
evidence of collaboration as described in paragraph (3) of
section 297A(a);
``(2) the State's record of, and commitment to,
establishing conditions for innovation and reform, as described
in paragraph (2) of section 297A(a); and
``(3) the State's evaluation plan as described in paragraph
(5) of section 297A(a).
``(b) Special Rule for States Receiving Grants in Previous Fiscal
Years.--In the case of a State that received a grant under this part in
a previous fiscal year, the Commission may not award a grant under this
part to the State for any subsequent fiscal year unless the State
demonstrates to the satisfaction of the Commission that--
``(1) the State made sufficient progress in carrying out
the grant implementation plan for that previous fiscal year at
a rate that will enable the State to fully implement the plan
prior to the end of the grant implementation period for that
plan; or
``(2) the State made sufficient progress in meeting the
performance measures and targets for the programs and
activities funded by the grant (as established by the State
under section 297C) to enable the State to fully meet such
measures and targets prior to the end of the grant
implementation period for that plan.
``(c) Explanation.--The Commission shall publish an explanation of
how the application review process under this subsection will ensure an
equitable and objective evaluation based on the criteria described in
subsection (a) and the special rule described in subsection (b).
``SEC. 297C. ESTABLISHMENT OF PERFORMANCE MEASURES AND TARGETS.
``Each State receiving a grant under this part shall establish
performance measures and targets approved by the Commission for the
programs and activities carried out with the funds provided by the
grant.
``SEC. 297D. REPORTING REQUIREMENTS.
``Each State receiving a grant under this part shall submit to the
Commission, at such time and in such manner as the Commission may
require, an annual report including--
``(1) data on the State's progress in achieving the targets
for the performance measures established under section 297C;
``(2) a description of the challenges the State has faced
in implementing the programs and activities funded by the grant
and how it has addressed or plans to address those challenges;
and
``(3) findings from the evaluation plan for the grant.
``SEC. 297E. AUTHORIZATION OF APPROPRIATIONS.
``(a) Authorization.--
``(1) In general.--There are authorized to be appropriated
such sums as may be necessary for fiscal year 2020 and each
succeeding fiscal year to carry out this part.
``(2) No continuing availability of funds.--Any amount
appropriated for a fiscal year pursuant to the authorization
under paragraph (1) shall not remain available for any
subsequent fiscal year.
``(b) Reservation of Funds.--From the amount made available to
carry out this part for a fiscal year, the Commission may reserve not
more than 10 percent of such amount to carry out activities related
to--
``(1) technical assistance; and
``(2) outreach and dissemination.''.
(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--Payments for Improving Voting System Security
``Sec. 297. Incentives for States to improve voting system security.
``Sec. 297A. Criteria for awarding grants.
``Sec. 297B. Criteria for evaluating applications.
``Sec. 297C. Establishment of performance measures and targets.
``Sec. 297D. Reporting requirements.
``Sec. 297E. Authorization of appropriations.''.
SEC. 5. DUTIES OF SECRETARY OF HOMELAND SECURITY.
(a) Notification of Breaches of Voting System Security or Related
Investigations.--
(1) Requiring notification to congress and state election
officials.--If the Secretary of Homeland Security makes a
determination that the security of any voting system or any
voter registration database that has been used or will be used
in an election for Federal office has been breached, or if the
Secretary is conducting an investigation regarding whether or
not the security of such a system or database has been
breached, the Secretary shall submit a report on the
determination or investigation to the Committee on Homeland
Security of the House of Representatives, the Committee on
Homeland Security and Governmental Affairs of the Senate, and
the chief State election official of the State in which the
system is used or will be used.
(2) Deadline.--The Secretary shall submit the report
required under paragraph (1) not later than 30 days after
making the determination involved or initiating the
investigation involved (as the case may be).
(b) Sharing Information With State Election Officials.--At the
request of a State, the Secretary of Homeland Security shall
collaborate with the chief State election official of the State to help
prevent and respond to threats to the security of the voting systems
and databases described in subsection (a), including assisting such
official with obtaining the appropriate level of security clearance
necessary to receive information regarding such threats.
(c) Definitions.--In this subsection--
(1) the ``chief State election official'' of a State is the
individual designated by the State under section 10 of the
National Voter Registration Act of 1993 (52 U.S.C. 20509) to be
responsible for coordination of the State's responsibilities
under such Act; and
(2) the term ``voting system'' has the meaning given such
term under section 301(b) of the Help America Vote Act of 2002
(52 U.S.C. 21081(b)).
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