[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 5332 Introduced in Senate (IS)]
<DOC>
117th CONGRESS
2d Session
S. 5332
To protect elections for public office by providing enhanced security
for the infrastructure used to carry out such elections, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
December 21, 2022
Ms. Klobuchar introduced the following bill; which was read twice and
referred to the Committee on Rules and Administration
_______________________________________________________________________
A BILL
To protect elections for public office by providing enhanced security
for the infrastructure used to carry out such elections, 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 ``Election Security Act of 2022''.
TITLE I--PROMOTING ACCURACY, INTEGRITY, AND SECURITY THROUGH VOTER-
VERIFIABLE PERMANENT PAPER BALLOT
SEC. 101. SHORT TITLE.
This title may be cited as the ``Voter Confidence and Increased
Accessibility Act of 2022''.
SEC. 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-verifiable paper ballots.--
``(i) The voting system shall require the
use of an individual, durable, voter-verifiable
paper ballot of the voter's vote selections
that shall be marked by the voter and presented
to the voter for verification before the
voter's ballot is preserved in accordance with
subparagraph (B), and which shall be counted by
hand or other counting device or read by a
ballot tabulation device. For purposes of this
subclause, the term `individual, durable,
voter-verifiable 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 at
every in-person voting location to mark by hand
a printed ballot that includes all relevant
contests and candidates.
``(ii) The voting system shall provide the
voter with an opportunity to correct any error
on the paper ballot before the permanent voter-
verifiable paper ballot is preserved in
accordance with subparagraph (B).
``(iii) The voting system shall not
preserve the voter-verifiable 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
selections.
``(iv) The voting system shall prevent,
through mechanical means or through
independently verified protections, the
modification or addition of vote selections on
a printed or marked ballot at any time after
the voter has been provided an opportunity to
correct errors on the ballot pursuant to clause
(ii).
``(B) Preservation as official record.--The
individual, durable, voter-verifiable paper ballot used
in accordance with subparagraph (A) 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.
``(C) Manual counting requirements for recounts and
audits.--
``(i) Each paper ballot used pursuant to
subparagraph (A) shall be suitable for a manual
audit, and such ballots, or at least those
ballots the machine could not count, 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-verifiable paper ballots used pursuant to
subparagraph (A), the individual, durable,
voter-verifiable paper ballots shall be the
true and correct record of the votes cast.
``(D) Sense of congress.--It is the sense of
Congress that as innovation occurs in the election
infrastructure sector, Congress should ensure that this
Act and other Federal requirements for voting systems
are updated to keep pace with best practices and
recommendations for security and accessibility.''.
(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)''.
SEC. 103. ACCESSIBILITY AND BALLOT VERIFICATION FOR INDIVIDUALS WITH
DISABILITIES.
(a) In General.--Paragraph (3) of section 301(a) of the Help
America Vote Act of 2002 (52 U.S.C. 21081(a)(3)) is amended to read as
follows:
``(3) Accessibility for individuals with disabilities.--
``(A) In general.--The voting system shall--
``(i) be accessible for individuals with
disabilities, including nonvisual accessibility
for the blind and visually impaired, in a
manner that provides the same opportunity for
access and participation (including privacy and
independence) as for other voters;
``(ii)(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-verifiable paper ballot; and
``(II) satisfy the requirement of clause
(i) through the use at in-person polling
locations of a sufficient number (not less than
one) of voting systems equipped to serve
individuals with and without 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; and
``(iii) if purchased with funds made
available under title II on or after January 1,
2007, meet the voting system standards for
disability access (as outlined in this
paragraph).
``(B) Means of meeting requirements.--A voting
system may meet the requirements of subparagraph (A)(i)
and paragraph (2) by--
``(i) allowing 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 tabulation or
auditing;
``(ii) allowing the voter to privately and
independently verify and cast the permanent
paper ballot without requiring the voter to
manually handle the paper ballot;
``(iii) marking ballots that are identical
in size, ink, and paper stock to those ballots
that would either be marked by hand or be
marked by a ballot marking device made
generally available to voters; or
``(iv) combining ballots produced by any
ballot marking devices reserved for individuals
with disabilities with ballots that have either
been marked by voters by hand or marked by
ballot marking devices made generally available
to voters, in a way that prevents
identification of the ballots that were cast
using any ballot marking device that was
reserved for individuals with disabilities.
``(C) Sufficient number.--For purposes of
subparagraph (A)(ii)(II), the sufficient number of
voting systems for any in-person polling location shall
be determined based on guidance from the Attorney
General, in consultation with the Architectural and
Transportation Barriers Compliance Board established
under section 502(a)(1) of the Rehabilitation Act of
1973 (29 U.S.C. 792(a)(1)) (commonly referred to as the
United States Access Board) and the Commission.''.
(b) Specific Requirement of Study, Testing, and Development of
Accessible Voting Options.--
(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:
``SEC. 247. STUDY AND REPORT ON ACCESSIBLE VOTING OPTIONS.
``(a) Grants To Study and Report.--The Commission, in coordination
with the Access Board and the Cybersecurity and Infrastructure Security
Agency, shall make grants to not fewer than 2 eligible entities to
study, test, and develop--
``(1) accessible and secure remote voting systems;
``(2) voting, verification, and casting devices to enhance
the accessibility of voting and verification for individuals
with disabilities; or
``(3) both of the matters described in paragraphs (1) and
(2).
``(b) Eligibility.--An entity is eligible to receive a grant under
this part if it submits to the Commission (at such time and in such
form as the Commission may require) an application containing--
``(1) a certification that the entity shall complete the
activities carried out with the grant not later than January 1,
2024; and
``(2) such other information and certifications as the
Commission 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
Commission 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 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) $10,000,000, 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 voting options.''.
(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 (52 U.S.C. 21101 et seq.)
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.
SEC. 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-verifiable
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-verifiable
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 a
ballot tabulation device or other device equipped for
individuals with disabilities.''.
SEC. 105. 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 1 year after the date of the enactment
of this Act, the Election Assistance Commission shall submit to
Congress a report on the study conducted under subsection (a).
SEC. 106. BALLOT MARKING DEVICE CYBERSECURITY REQUIREMENTS.
Section 301(a) of the Help America Vote Act of 2002 (52 U.S.C.
21081(a)), as amended by section 104, is further amended by adding at
the end the following new paragraphs:
``(8) Prohibition of use of wireless communications devices
in systems or devices.--No system or device upon which ballot
marking devices or ballot tabulation devices are configured,
upon which ballots are marked by voters at a polling place
(except as necessary for individuals with disabilities to use
ballot marking devices that meet the accessibility requirements
of paragraph (3)), or upon which votes are cast, tabulated, or
aggregated shall contain, use, or be accessible by any
wireless, power-line, or concealed communication device.
``(9) Prohibiting connection of system to the internet.--No
system or device upon which ballot marking devices or ballot
tabulation devices are configured, upon which ballots are
marked by voters at a voting place, or upon which votes are
cast, tabulated, or aggregated shall be connected to the
internet or any non-local computer system via telephone or
other communication network at any time.''.
SEC. 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
subparagraphs (B) and (C), the requirements of this
section which are first imposed on a State or
jurisdiction pursuant to the amendments made by the
Voter Confidence and Increased Accessibility Act of
2022 shall apply with respect to voting systems used
for any election for Federal office held in 2024 or any
succeeding year.
``(B) Special rule for jurisdictions using certain
paper record printers or certain systems using or
producing voter-verifiable paper records in 2020.--
``(i) In general.--In the case of a
jurisdiction described in clause (ii), the
requirements of paragraphs (2)(A)(i) and (7) of
subsection (a) (as amended or added by the
Voter Confidence and Increased Accessibility
Act of 2022) shall not apply before the date on
which the jurisdiction replaces the printers or
systems described in clause (ii)(I) for use in
the administration of elections for Federal
office.
``(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) and (7) of
subsection (a) (as amended or added by
the Voter Confidence and Increased
Accessibility Act of 2022), for the
administration of the regularly
scheduled general election for Federal
office held in November 2020; and
``(II) which will continue to use
such printers or systems for the
administration of elections for Federal
office held in years before the
applicable year.
``(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 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
printed blank paper ballot. The notice
shall comply with the requirements of
section 203 of the Voting Rights Act of
1965 (52 U.S.C. 10503).
``(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 printed
paper ballot.
``(V) Period of applicability.--The
requirements of this clause apply only
during the period beginning on January
1, 2023, and ending on the date on
which the which the jurisdiction
replaces the printers or systems
described in clause (ii)(I) for use in
the administration of elections for
Federal office.
``(C) Delay for certain jurisdictions using voting
systems with wireless communication devices or internet
connections.--
``(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 `2024' were a reference to `the
applicable year', but only with respect to the
following requirements of this section.
``(I) Paragraph (8) of subsection
(a) (relating to prohibition of
wireless communication devices).
``(II) Paragraph (9) of subsection
(a) (relating to prohibition of
connecting systems to the internet).
``(ii) Jurisdictions described.--A
jurisdiction described in this clause is a
jurisdiction--
``(I) which used a voting system
which is not in compliance with
paragraph (8) or (9) of subsection (a)
(as amended or added by the Voter
Confidence and Increased Accessibility
Act of 2022) for the administration of
the regularly scheduled general
election for Federal office held in
November 2020;
``(II) which was not able, to all
extent practicable, to comply with
paragraphs (8) and (9) of subsection
(a) before January 1, 2023; and
``(III) which will continue to use
such printers or systems for the
administration of elections for Federal
office held in years before the
applicable year.
``(iii) Applicable year.--
``(I) In general.--Except as
provided in subclause (II), the term
`applicable year' means 2026.
``(II) Extension.--If a State or
jurisdiction certifies to the
Commission not later than January 1,
2026, that the State or jurisdiction
will not meet the requirements
described in subclauses (I) and (II) of
clause (i) by such date because it
would be impractical to do so and
includes in the certification the
reasons for the failure to meet the
deadline, the term `applicable year'
means 2030.''.
SEC. 108. GRANTS FOR OBTAINING COMPLIANT PAPER BALLOT VOTING SYSTEMS
AND CARRYING OUT VOTING SYSTEM SECURITY IMPROVEMENTS.
(a) Availability of Grants.--
(1) In general.--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--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.
``(a) Availability and Use of Grant.--
``(1) In general.--The Commission shall make a grant to
each eligible State--
``(A) to replace a voting system--
``(i) 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 2022 with a
voting system which--
``(I) does meet such requirements;
and
``(II) in the case of a
grandfathered voting system (as defined
in paragraph (2)), is in compliance
with the most recent voluntary voting
system guidelines; or
``(ii) which does meet such requirements
but which is not in compliance with the most
recent voluntary voting system guidelines with
another system which does meet such
requirements and is in compliance with such
guidelines;
``(B) to carry out voting system security
improvements described in section 297A with respect to
the regularly scheduled general election for Federal
office held in November 2024 and each succeeding
election for Federal office;
``(C) to implement and model best practices for
ballot design, ballot instructions, and the testing of
ballots; and
``(D) to purchase or acquire accessible voting
systems that meet the requirements of paragraph (2) and
paragraph (3)(A)(i) of section 301(a) by the means
described in paragraph (3)(B) of such section.
``(2) Definition of grandfathered voting system.--In this
subsection, the term `grandfathered voting system' means a
voting system that is used by a jurisdiction described in
subparagraph (B)(ii) or (C)(ii) of section 301(d)(2).
``(b) Amount of Payment.--
``(1) In general.--The amount of payment made to an
eligible State under this section shall be the minimum payment
amount described in paragraph (2) plus the voting age
population proportion amount described in paragraph (3).
``(2) Minimum payment amount.--The minimum payment amount
described in this paragraph is--
``(A) in the case of any of the several States or
the District of Columbia, one-half of 1 percent of the
aggregate amount made available for payments under this
section; and
``(B) in the case of the Commonwealth of Puerto
Rico, Guam, American Samoa, the United States Virgin
Islands, or the Commonwealth of the Northern Mariana
Islands, one-tenth of 1 percent of such aggregate
amount.
``(3) Voting age population proportion amount.--The voting
age population proportion amount described in this paragraph is
the product of--
``(A) the aggregate amount made available for
payments under this section minus the total of all of
the minimum payment amounts determined under paragraph
(2); and
``(B) the voting age population proportion for the
State (as defined in paragraph (4)).
``(4) Voting age population proportion defined.--The term
`voting age population proportion' means, with respect to a
State, the amount equal to the quotient of--
``(A) the voting age population of the State (as
reported in the most recent decennial census); and
``(B) the total voting age population of all States
(as reported in the most recent decennial census).
``(5) Requirement relating to purchase of accessible voting
systems.--An eligible State shall use not less than 10 percent
of funds received by the State under this section to purchase
accessible voting systems described in subsection (a)(1)(D).
``SEC. 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 (as defined in section 108(b)
of the Voter Confidence and Increased Accessibility Act of
2022) 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 infrastructure used for elections,
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 not a primary provider
of information technology services for the administration of
elections, and 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 (as so defined) or designates as critical to the
operation of the State's election infrastructure (as so
defined).
``(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.--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 (as defined in
section 108(b) of the Voter Confidence and Increased Accessibility Act
of 2022) on behalf of a State, unit of local government, or election
agency (as defined in section 108(b) of such Act) who meets the
criteria described in section 108(b) of such Act.
``SEC. 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
voting system security improvements, as described in section
297A; and
``(3) such other information and assurances as the
Commission may require.
``SEC. 297C. REPORTS TO CONGRESS.
``Not later than 90 days after the end of each fiscal year, the
Commission shall submit a report to 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.
``SEC. 297D. AUTHORIZATION OF APPROPRIATIONS.
``(a) Authorization.--There are authorized to be appropriated for
grants under this part--
``(1) $2,400,000,000 for fiscal year 2024; and
``(2) $175,000,000 for each of the fiscal years 2026, 2028,
and 2030.
``(b) Continuing Availability of Amounts.--Any amounts appropriated
pursuant to the authorization of this section shall remain available
until expended.''.
(2) 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.
(b) Qualified Election Infrastructure Vendors.--
(1) In general.--The Secretary, in consultation with the
Chair, shall establish and publish criteria for qualified
election infrastructure vendors for purposes of section 297A of
the Help America Vote Act of 2002 (as added by this Act).
(2) Criteria.--The criteria established under paragraph (1)
shall include each of the following requirements:
(A) The vendor shall--
(i) be owned and controlled by a citizen or
permanent resident of the United States or a
member of the Five Eyes intelligence-sharing
alliance; and
(ii) in the case of any election
infrastructure which is a voting machine,
ensure that such voting machine is assembled in
the United States.
(B) The vendor shall disclose to the Secretary and
the Chair, and to the chief State election official of
any State to which the vendor provides any goods and
services with funds provided under part 7 of subtitle D
of title II of the Help America Vote Act of 2002 (as
added by this Act), of any sourcing outside the United
States for parts of the election infrastructure.
(C) The vendor shall disclose to the Secretary and
the Chair, and to the chief State election official of
any State to which the vendor provides any goods and
services with funds provided under such part 7, the
identification of any entity or individual with a more
than 5 percent ownership interest in the vendor.
(D) 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 Cybersecurity and
Infrastructure Security Agency of the Department of
Homeland Security.
(E) The vendor agrees to maintain its information
technology infrastructure in a manner that is
consistent with the cybersecurity best practices issued
by the Cybersecurity and Infrastructure Security Agency
of the Department of Homeland Security.
(F) The vendor agrees to ensure that the election
infrastructure will be developed and maintained in a
manner that is consistent with the supply chain best
practices issued by the Cybersecurity and
Infrastructure Security Agency of the Department of
Homeland Security.
(G) The vendor agrees to ensure that it has
personnel policies and practices in place that are
consistent with personnel best practices, including
cybersecurity training and background checks, issued by
the Cybersecurity and Infrastructure Security Agency of
the Department of Homeland Security.
(H) The vendor agrees to ensure that the election
infrastructure will be developed and maintained in a
manner that is consistent with data integrity best
practices, including requirements for encrypted
transfers and validation, testing and checking printed
materials for accuracy, and disclosure of quality
control incidents, issued by the Cybersecurity and
Infrastructure Security Agency of the Department of
Homeland Security.
(I) 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 part 7 of subtitle D of title II of the Help
America Vote Act of 2002 (as added by this Act).
(J) The vendor agrees to permit independent
security testing by the Election Assistance Commission
(in accordance with section 231(a) of the Help America
Vote Act of 2002 (52 U.S.C. 20971)) and by the
Secretary of the goods and services provided by the
vendor pursuant to a grant under part 7 of subtitle D
of title II of the Help America Vote Act of 2002 (as
added by this Act).
(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 part 7
of subtitle D of title II of the Help America Vote Act
of 2002 (as added by this Act)--
(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 Chair
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.
(C) Development of criteria for reporting.--Not
later than 1 year after the date of enactment of this
Act, the Director of the Cybersecurity and
Infrastructure Security Agency shall, in consultation
with the Election Infrastructure Sector Coordinating
Council, develop criteria for incidents which are
required to be reported in accordance with subparagraph
(A).
(4) Definitions.--In this subsection:
(A) Chair.--The term ``Chair'' means the Chair of
the Election Assistance Commission.
(B) Chief state election official.--The term
``chief State election official'' means, with respect
to a State, 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.
(C) Election agency.--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.
(D) Election infrastructure.--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.
(E) Secretary.--The term ``Secretary'' means the
Secretary of Homeland Security.
(F) State.--The term ``State'' has the meaning
given such term in section 901 of the Help America Vote
Act of 2002 (52 U.S.C. 21141).
TITLE II--VOTING SYSTEM SECURITY
SEC. 201. POST-ELECTION AUDIT REQUIREMENT.
(a) In General.--Title III of the Help America Vote Act of 2002 (52
U.S.C. 21081 et seq.) is amended by inserting after section 303 the
following new section:
``SEC. 303A. POST-ELECTION AUDITS.
``(a) Definitions.--In this section:
``(1) Post-election audit.--Except as provided in
subsection (c)(1)(B), the term `post-election audit' means,
with respect to any election contest, a post-election process
that--
``(A) has a probability of at least 95 percent of
correcting the reported outcome if the reported outcome
is not the correct outcome;
``(B) will not change the outcome if the reported
outcome is the correct outcome; and
``(C) involves a manual adjudication of voter
intent from some or all of the ballots validly cast in
the election contest.
``(2) Reported outcome; correct outcome; outcome.--
``(A) Reported outcome.--The term `reported
outcome' means the outcome of an election contest 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.
``(B) Correct outcome.--The term `correct outcome'
means the outcome that would be determined by a manual
adjudication of voter intent for all votes validly cast
in the election contest.
``(C) Outcome.--The term `outcome' means the winner
or set of winners of an election contest.
``(3) Manual adjudication of voter intent.--The term
`manual adjudication of voter intent' means direct inspection
and determination by humans, without assistance from electronic
or mechanical tabulation devices, of the ballot choices marked
by voters on each voter-verifiable paper record.
``(4) Ballot manifest.--The term `ballot manifest' means a
record maintained by each jurisdiction that--
``(A) is created without reliance on any part of
the voting system used to tabulate votes;
``(B) functions as a sampling frame for conducting
a post-election audit; and
``(C) accounts for all ballots validly cast
regardless of how they were tabulated and includes 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.
``(b) Requirements.--
``(1) In general.--
``(A) Audits.--
``(i) In general.--Each State and
jurisdiction shall administer post-election
audits of the results of all election contests
for Federal office held in the State in
accordance with the requirements of paragraph
(2).
``(ii) Exception.--Clause (i) shall not
apply to any election contest for which the
State or jurisdiction conducts a full recount
through a manual adjudication of voter intent.
``(B) Full manual tabulation.--If a post-election
audit conducted under subparagraph (A) corrects the
reported outcome of an election contest, the State or
jurisdiction shall use the results of the manual
adjudication of voter intent conducted as part of the
post-election audit as the official results of the
election contest.
``(2) Audit requirements.--
``(A) Rules and procedures.--
``(i) In general.--Not later than 6 years
after the date of the enactment of this
section, the chief State election official of
the State shall establish rules and procedures
for conducting post-election audits.
``(ii) Matters included.--The rules and
procedures established under clause (i) shall
include the following:
``(I) Rules and procedures for
ensuring the security of ballots and
documenting that prescribed procedures
were followed.
``(II) Rules and procedures for
ensuring the accuracy of ballot
manifests produced by jurisdictions.
``(III) Rules and procedures for
governing the format of ballot
manifests and other data involved in
post-election audits.
``(IV) Methods to ensure that any
cast vote records used in a post-
election audit are those used by the
voting system to tally the results of
the election contest sent to the chief
State election official of the State
and made public.
``(V) Rules and procedures for the
random selection of ballots to be
inspected manually during each audit.
``(VI) Rules and procedures for the
calculations and other methods to be
used in the audit and to determine
whether and when the audit of each
election contest is complete.
``(VII) Rules and procedures for
testing any software used to conduct
post-election audits.
``(B) Public report.--
``(i) In general.--After the completion of
the post-election audit and at least 5 days
before the election contest is certified by the
State, the State shall make public and submit
to the Commission a report on the results of
the audit, together with such information as
necessary to confirm that the audit was
conducted properly.
``(ii) Format of data.--All data published
with the report under clause (i) shall be
published in machine-readable, open data
formats.
``(iii) Protection of anonymity of votes.--
Information and data published by the State
under this subparagraph shall not compromise
the anonymity of votes.
``(iv) Report made available by
commission.--After receiving any report
submitted under clause (i), the Commission
shall make such report available on its
website.
``(3) Effective date; waiver.--
``(A) In general.--Except as provided in
subparagraphs (B) and (C), each State and jurisdiction
shall be required to comply with the requirements of
this subsection for the first regularly scheduled
election for Federal office occurring in 2032 and for
each subsequent election for Federal office.
``(B) Waiver.--Except as provided in subparagraph
(C), if a State certifies to the Election Assistance
Commission not later than the first regularly scheduled
election for Federal office occurring in 2032, that the
State will not meet the deadline described in
subparagraph (A) because it would be impracticable to
do so and includes in the certification the reasons for
the failure to meet such deadline, subparagraph (A) of
this subsection and subsection (c)(2)(A) shall apply to
the State as if the reference in such subsections to
`2032' were a reference to `2034'.
``(C) Additional waiver period.--If a State
certifies to the Election Assistance Commission not
later than the first regularly scheduled election for
Federal office occurring in 2034, that the State will
not meet the deadline described in subparagraph (B)
because it would be impracticable to do so and includes
in the certification the reasons for the failure to
meet such deadline, subparagraph (B) of this subsection
and subsection (c)(2)(A) shall apply to the State as if
the reference in such subsections to `2034' were a
reference to `2036'.
``(c) Phased Implementation.--
``(1) Post-election audits.--
``(A) In general.--For the regularly scheduled
elections for Federal office occurring in 2024 and
2026, each State shall administer a post-election audit
of the result of at least one statewide election
contest for Federal office held in the State, or if no
such statewide contest is on the ballot, one election
contest for Federal office chosen at random.
``(B) Post-election audit defined.--In this
subsection, the term `post-election audit' means a
post-election process that involves a manual
adjudication of voter intent from a sample of ballots
validly cast in the election contest.
``(2) Post-election audits for select contests.--Subject to
subparagraphs (B) and (C) of subsection (b)(3), for the
regularly scheduled elections for Federal office occurring in
2028 and for each subsequent election for Federal office that
occurs prior to the first regularly scheduled election for
Federal office occurring in 2032, each State shall administer a
post-election audit of the result of at least one statewide
election contest for Federal office held in the State, or if no
such statewide contest is on the ballot, one election contest
for Federal office chosen at random.
``(3) States that administer post-election audits for all
contests.--A State shall be exempt from the requirements of
this subsection for any regularly scheduled election for
Federal office in which the State meets the requirements of
subsection (b).''.
(b) Clerical Amendment.--The table of contents for such Act is
amended by inserting after the item relating to section 303 the
following new item:
``Sec. 303A. Post-election audits.''.
(c) Study on Post-Election Audit Best Practices.--
(1) In general.--The Director of the National Institute of
Standards and Technology shall establish an advisory committee
to study post-election audits and establish best practices for
post-election audit methodologies and procedures.
(2) Advisory committee.--The Director of the National
Institute of Standards and Technology shall appoint individuals
to the advisory committee and secure the representation of--
(A) State and local election officials;
(B) individuals with experience and expertise in
election security;
(C) individuals with experience and expertise in
post-election audit procedures; and
(D) individuals with experience and expertise in
statistical methods.
(3) Authorization of appropriations.--There are authorized
to be appropriated such sums as are necessary to carry out the
purposes of this subsection.
SEC. 202. ELECTION INFRASTRUCTURE DESIGNATION.
Subparagraph (J) of section 2001(3) of the Homeland Security Act of
2002 (6 U.S.C. 601(3)) is amended by inserting ``, including election
infrastructure'' before the period at the end.
SEC. 203. GUIDELINES AND CERTIFICATION FOR ELECTRONIC POLL BOOKS AND
REMOTE BALLOT MARKING SYSTEMS.
(a) Inclusion Under Voluntary Voting System Guidelines.--Section
222 of the Help America Vote Act of 2002 (52 U.S.C. 20962) is amended--
(1) by redesignating subsections (a), (b), (c), (d), and
(e) as subsections (b), (c), (d), (e), and (f), respectively;
(2) by inserting after the section heading the following:
``(a) Voluntary Voting System Guidelines.--The Commission shall
adopt voluntary voting system guidelines that describe functionality,
accessibility, and security principles for the design, development, and
operation of voting systems, electronic poll books, and remote ballot
marking systems.''; and
(3) by adding at the end the following new subsections:
``(g) Initial Guidelines for Electronic Poll Books and Remote
Ballot Marking Systems.--
``(1) Adoption date.--Not later than 1 year after the date
of the enactment of the Election Security Act of 2022, the
Commission shall adopt initial voluntary voting system
guidelines for electronic poll books and remote ballot marking
systems.
``(2) Special rule for initial guidelines.--The Commission
may adopt initial voluntary voting system guidelines for
electronic poll books and remote ballot marking systems without
modifying the most recently adopted voluntary voting system
guidelines for voting systems.
``(h) Definitions.--In this section:
``(1) Electronic poll book defined.--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--
``(A) 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
``(B) to identify registered voters who are
eligible to vote in an election.
``(2) Remote ballot marking system defined.--The term
`remote ballot marking system' means an election system that--
``(A) is used by a voter to mark their ballots
outside of a voting center or polling place; and
``(B) allows a voter to receive a blank ballot to
mark electronically, print, and then cast by returning
the printed ballot to the elections office or other
designated location.''.
(b) Providing for Certification of Electronic Poll Books and Remote
Ballot Marking System.--Section 231(a) of the Help America Vote Act of
2002 (52 U.S.C. 20971(a)) is amended, in each of paragraphs (1) and
(2), by inserting ``, electronic poll books, and remote ballot marking
systems'' after ``software''.
SEC. 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:
``SEC. 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. If a
jurisdiction acquires and implements a new voting system within the 120
days before the date of the election, it shall notify the chief State
election official of the State, who shall submit to the Commission in a
timely manner an updated report under the preceding sentence.
``(b) Effective Date.--Subsection (a) shall apply with respect to
the regularly scheduled general election for Federal office held in
November 2024 and each succeeding regularly scheduled general election
for Federal office''.
(b) 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.''.
SEC. 205. USE OF VOTING MACHINES MANUFACTURED IN THE UNITED STATES.
(a) Requirement.--Section 301(a) of the Help America Vote Act of
2002 (52 U.S.C. 21081(a)), as amended by section 104 and section 106,
is further amended by adding at the end the following new paragraph:
``(10) Voting machine requirements.--
``(A) Manufacturing requirements.--By not later
than the date of the regularly scheduled general
election for Federal office occurring in November 2024,
each State shall seek to ensure to the extent
practicable that any voting machine used in such
election and in any subsequent election for Federal
office is manufactured in the United States.
``(B) Assembly requirements.--By not later than the
date of the regularly scheduled general election for
Federal office occurring in November 2024, each State
shall seek to ensure that any voting machine purchased
or acquired for such election and in any subsequent
election for Federal office is assembled in the United
States.
``(C) Software and code requirements.--By not later
than the date of the regularly scheduled general
election for Federal office occurring in November 2024,
each State shall seek to ensure that any software or
code developed for any voting system purchased or
acquired for such election and in any subsequent
election for Federal office is developed and stored in
the United States.''.
(b) Conforming Amendment Relating to Effective Date.--Section
301(d)(1) of such Act (52 U.S.C. 21081(d)(1)), as amended by section
107, is amended by striking ``paragraph (2)'' and inserting
``subsection (a)(10) and paragraph (2)''.
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