[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3295 Enrolled Bill (ENR)]
H.R.3295
One Hundred Seventh Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Wednesday,
the twenty-third day of January, two thousand and two
An Act
To establish a program to provide funds to States to replace punch card
voting systems, to establish the Election Assistance Commission to
assist in the administration of Federal elections and to otherwise
provide assistance with the administration of certain Federal election
laws and programs, to establish minimum election administration
standards for States and units of local government with responsibility
for the administration of Federal elections, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

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(a) Short Title.--This Act may be cited as the ``Help America Vote
Act of 2002''.
(b) Table of Contents.--The table of contents of this Act is as
follows:

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REPLACEMENT OF PUNCH CARD AND LEVER VOTING MACHINES

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TITLE I

-PAYMENTS TO STATES FOR ELECTION ADMINISTRATION IMPROVEMENTS AND

Subtitle A--Establishment and General Organization
Part 1--Election Assistance Commission

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Part 2--Election Assistance Commission Standards Board and Board of
Advisors

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TITLE II

-COMMISSION

Board.
Part 3--Technical Guidelines Development Committee

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Subtitle B--Testing, Certification, Decertification, and Recertification
of Voting System Hardware and Software

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Subtitle C--Studies and Other Activities To Promote Effective
Administration of Federal Elections

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facilitating military and overseas voting.

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Subtitle D--Election Assistance
Part 1--Requirements Payments

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Part 2--Payments to States and Units of Local Government To Assure
Access for Individuals With Disabilities

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access for individuals with disabilities.

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Part 3--Grants for Research on Voting Technology Improvements

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Part 4--Pilot Program for Testing of Equipment and Technology

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Part 6--National Student and Parent Mock Election

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ADMINISTRATION REQUIREMENTS
Subtitle A--Requirements

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and requirements for voters who register by mail.

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TITLE III

-UNIFORM AND NONDISCRIMINATORY ELECTION TECHNOLOGY AND

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TITLE IV

-ENFORCEMENT

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registration and absentee ballots for all voters in State.

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TITLE VII

-VOTING RIGHTS OF MILITARY MEMBERS AND OVERSEAS CITIZENS

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ballot applications on grounds of early submission.

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absent uniformed services voters.
Subtitle A--Transfer to Commission of Functions Under Certain Laws

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Subtitle B--Coverage of Commission Under Certain Laws and Programs

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TITLE VIII

-TRANSITION PROVISIONS

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registrants from official list of voters on grounds of change
of residence.

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TITLE IX

-MISCELLANEOUS PROVISIONS

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AND REPLACEMENT OF PUNCH CARD AND LEVER VOTING MACHINES

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OF ELECTIONS.
(a) In General.--Not later than 45 days after the date of the
enactment of this Act, the Administrator of General Services (in this
title referred to as the ``Administrator'') shall establish a program
under which the Administrator shall make a payment to each State in
which the chief executive officer of the State, or designee, in
consultation and coordination with the chief State election official,
notifies the Administrator not later than 6 months after the date of
the enactment of this Act that the State intends to use the payment in
accordance with this section.
(b) Use of Payment.--
(1) In general.--A State shall use the funds provided under a
payment made under this section to carry out one or more of the
following activities:
(A) Complying with the requirements under title III.
(B) Improving the administration of elections for Federal
office.
(C) Educating voters concerning voting procedures, voting
rights, and voting technology.
(D) Training election officials, poll workers, and election
volunteers.
(E) Developing the State plan for requirements payments to
be submitted under part 1 of subtitle D of title II.
(F) Improving, acquiring, leasing, modifying, or replacing
voting systems and technology and methods for casting and
counting votes.
(G) Improving the accessibility and quantity of polling
places, including providing physical access for individuals
with disabilities, providing nonvisual access for individuals
with visual impairments, and providing assistance to Native
Americans, Alaska Native citizens, and to individuals with
limited proficiency in the English language.
(H) Establishing toll-free telephone hotlines that voters
may use to report possible voting fraud and voting rights
violations, to obtain general election information, and to
access detailed automated information on their own voter
registration status, specific polling place locations, and
other relevant information.
(2) Limitation.--A State may not use the funds provided under a
payment made under this section--
(A) to pay costs associated with any litigation, except to
the extent that such costs otherwise constitute permitted uses
of a payment under this section; or
(B) for the payment of any judgment.
(c) Use of Funds To Be Consistent With Other Laws and
Requirements.--In order to receive a payment under the program under
this section, the State shall provide the Administrator with
certifications that--
(1) the State will use the funds provided under the payment in
a manner that is consistent with each of the laws described in
section 906, as such laws relate to the provisions of this Act; and
(2) the proposed uses of the funds are not inconsistent with
the requirements of title III.
(d) Amount of Payment.--
(1) In general.--Subject to section 103(b), the amount of
payment made to a 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, or the United States Virgin 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).

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-PAYMENTS TO STATES FOR ELECTION ADMINISTRATION IMPROVEMENTS

(a) Establishment of Program.--
(1) In general.--Not later than 45 days after the date of the
enactment of this Act, the Administrator shall establish a program
under which the Administrator shall make a payment to each State
eligible under subsection (b) in which a precinct within that State
used a punch card voting system or a lever voting system to
administer the regularly scheduled general election for Federal
office held in November 2000 (in this section referred to as a
``qualifying precinct'').
(2) Use of funds.--A State shall use the funds provided under a
payment under this section (either directly or as reimbursement,
including as reimbursement for costs incurred on or after January
1, 2001, under multiyear contracts) to replace punch card voting
systems or lever voting systems (as the case may be) in qualifying
precincts within that State with a voting system (by purchase,
lease, or such other arrangement as may be appropriate) that--
(A) does not use punch cards or levers;
(B) is not inconsistent with the requirements of the laws
described in section 906; and
(C) meets the requirements of section 301.
(3) Deadline.--
(A) In general.--Except as provided in subparagraph (B), a
State receiving a payment under the program under this section
shall ensure that all of the punch card voting systems or lever
voting systems in the qualifying precincts within that State
have been replaced in time for the regularly scheduled general
election for Federal office to be held in November 2004.
(B) Waiver.--If a State certifies to the Administrator not
later than January 1, 2004, that the State will not meet the
deadline described in subparagraph (A) for good cause and
includes in the certification the reasons for the failure to
meet such deadline, the State shall ensure that all of the
punch card voting systems or lever voting systems in the
qualifying precincts within that State will be replaced in time
for the first election for Federal office held after January 1,
2006.
(b) Eligibility.--
(1) In general.--A State is eligible to receive a payment under
the program under this section if it submits to the Administrator a
notice not later than the date that is 6 months after the date of
the enactment of this Act (in such form as the Administrator may
require) that contains--
(A) certifications that the State will use the payment
(either directly or as reimbursement, including as
reimbursement for costs incurred on or after January 1, 2001,
under multiyear contracts) to replace punch card voting systems
or lever voting systems (as the case may be) in the qualifying
precincts within the State by the deadline described in
subsection (a)(3);
(B) certifications that the State will continue to comply
with the laws described in section 906;
(C) certifications that the replacement voting systems will
meet the requirements of section 301; and
(D) such other information and certifications as the
Administrator may require which are necessary for the
administration of the program.
(2) Compliance of states that require changes to state law.--In
the case of a State that requires State legislation to carry out an
activity covered by any certification submitted under this
subsection, the State shall be permitted to make the certification
notwithstanding that the legislation has not been enacted at the
time the certification is submitted and such State shall submit an
additional certification once such legislation is enacted.
(c) Amount of Payment.--
(1) In general.--Subject to paragraph (2) and section 103(b),
the amount of payment made to a State under the program under this
section shall be equal to the product of--
(A) the number of the qualifying precincts within the
State; and
(B) $4,000.
(2) Reduction.--If the amount of funds appropriated pursuant to
the authority of section 104(a)(2) is insufficient to ensure that
each State receives the amount of payment calculated under
paragraph (1), the Administrator shall reduce the amount specified
in paragraph (1)(B) to ensure that the entire amount appropriated
under such section is distributed to the States.
(d) Repayment of Funds for Failure To Meet Deadlines.--
(1) In general.--If a State receiving funds under the program
under this section fails to meet the deadline applicable to the
State under subsection (a)(3), the State shall pay to the
Administrator an amount equal to the noncompliant precinct
percentage of the amount of the funds provided to the State under
the program.
(2) Noncompliant precinct percentage defined.--In this
subsection, the term ``noncompliant precinct percentage'' means,
with respect to a State, the amount (expressed as a percentage)
equal to the quotient of--
(A) the number of qualifying precincts within the State for
which the State failed to meet the applicable deadline; and
(B) the total number of qualifying precincts in the State.
(e) Punch Card Voting System Defined.--For purposes of this
section, a ``punch card voting system'' includes any of the following
voting systems:
(1) C.E.S.
(2) Datavote.
(3) PBC Counter.
(4) Pollstar.
(5) Punch Card.
(6) Vote Recorder.
(7) Votomatic.

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(a) In General.--In addition to any other payments made under this
title, the Administrator shall make a payment to each State to which a
payment is made under either section 101 or 102 and with respect to
which the aggregate amount paid under such sections is less than
$5,000,000 in an amount equal to the difference between the aggregate
amount paid to the State under sections 101 and 102 and $5,000,000. In
the case of the Commonwealth of Puerto Rico, Guam, American Samoa, and
the United States Virgin Islands, the previous sentence shall be
applied as if each reference to ``$5,000,000'' were a reference to
``$1,000,000''.
(b) Pro Rata Reductions.--The Administrator shall make such pro
rata reductions to the amounts described in sections 101(d) and 102(c)
as are necessary to comply with the requirements of subsection (a).

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(a) In General.--There are authorized to be appropriated for
payments under this title $650,000,000, of which--
(1) 50 percent shall be for payments under section 101; and
(2) 50 percent shall be for payments under section 102.
(b) Continuing Availability of Funds After Appropriation.--Any
payment made to a State under this title shall be available to the
State without fiscal year limitation (subject to subsection (c)(2)(B)).
(c) Use of Returned Funds and Funds Remaining Unexpended for
Requirements Payments.--
(1) In general.--The amounts described in paragraph (2) shall
be transferred to the Election Assistance Commission (established
under title II) and used by the Commission to make requirements
payments under part 1 of subtitle D of title II.
(2) Amounts described.--The amounts referred to in this
paragraph are as follows:
(A) Any amounts paid to the Administrator by a State under
section 102(d)(1).
(B) Any amounts appropriated for payments under this title
which remain unobligated as of September 1, 2003.
(d) Deposit of Amounts in State Election Fund.--When a State has
established an election fund described in section 254(b), the State
shall ensure that any funds provided to the State under this title are
deposited and maintained in such fund.
(e) Authorization of Appropriations for Administrator.--In addition
to the amounts authorized under subsection (a), there are authorized to
be appropriated to the Administrator such sums as may be necessary to
administer the programs under this title.

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In administering the programs under this title, the Administrator
shall take such actions as the Administrator considers appropriate to
expedite the payment of funds to States.

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The Administrator shall implement the programs established under
this title in a manner that ensures that the Administrator is able to
make payments under the program not later than the expiration of the
45-day period which begins on the date of the enactment of this Act.
Subtitle A--Establishment and General Organization
PART 1--ELECTION ASSISTANCE COMMISSION

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There is hereby established as an independent entity the Election
Assistance Commission (hereafter in this title referred to as the
``Commission''), consisting of the members appointed under this part.
Additionally, there is established the Election Assistance Commission
Standards Board (including the Executive Board of such Board) and the
Election Assistance Commission Board of Advisors under part 2
(hereafter in this part referred to as the ``Standards Board'' and the
``Board of Advisors'', respectively) and the Technical Guidelines
Development Committee under part 3.

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The Commission shall serve as a national clearinghouse and resource
for the compilation of information and review of procedures with
respect to the administration of Federal elections by--
(1) carrying out the duties described in part 3 (relating to
the adoption of voluntary voting system guidelines), including the
maintenance of a clearinghouse of information on the experiences of
State and local governments in implementing the guidelines and in
operating voting systems in general;
(2) carrying out the duties described in subtitle B (relating
to the testing, certification, decertification, and recertification
of voting system hardware and software);
(3) carrying out the duties described in subtitle C (relating
to conducting studies and carrying out other activities to promote
the effective administration of Federal elections);
(4) carrying out the duties described in subtitle D (relating
to election assistance), and providing information and training on
the management of the payments and grants provided under such
subtitle;
(5) carrying out the duties described in subtitle B of title
III (relating to the adoption of voluntary guidance); and
(6) developing and carrying out the Help America Vote College
Program under title V.

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(a) Membership.--
(1) In general.--The Commission shall have four members
appointed by the President, by and with the advice and consent of
the Senate.
(2) Recommendations.--Before the initial appointment of the
members of the Commission and before the appointment of any
individual to fill a vacancy on the Commission, the Majority Leader
of the Senate, the Speaker of the House of Representatives, the
Minority Leader of the Senate, and the Minority Leader of the House
of Representatives shall each submit to the President a candidate
recommendation with respect to each vacancy on the Commission
affiliated with the political party of the Member of Congress
involved.
(3) Qualifications.--Each member of the Commission shall have
experience with or expertise in election administration or the
study of elections.
(4) Date of appointment.--The appointments of the members of
the Commission shall be made not later than 120 days after the date
of the enactment of this Act.
(b) Term of Service.--
(1) In general.--Except as provided in paragraphs (2) and (3),
members shall serve for a term of 4 years and may be reappointed
for not more than one additional term.
(2) Terms of initial appointees.--As designated by the
President at the time of nomination, of the members first
appointed--
(A) two of the members (not more than one of whom may be
affiliated with the same political party) shall be appointed
for a term of 2 years; and
(B) two of the members (not more than one of whom may be
affiliated with the same political party) shall be appointed
for a term of 4 years.
(3) Vacancies.--
(A) In general.--A vacancy on the Commission shall be
filled in the manner in which the original appointment was made
and shall be subject to any conditions which applied with
respect to the original appointment.
(B) Expired terms.--A member of the Commission shall serve
on the Commission after the expiration of the member's term
until the successor of such member has taken office as a member
of the Commission.
(C) Unexpired terms.--An individual appointed to fill a
vacancy shall be appointed for the unexpired term of the member
replaced.
(c) Chair and Vice Chair.--
(1) In general.--The Commission shall select a chair and vice
chair from among its members for a term of 1 year, except that the
chair and vice chair may not be affiliated with the same political
party.
(2) Number of terms.--A member of the Commission may serve as
the chairperson and vice chairperson for only 1 term each during
the term of office to which such member is appointed.
(d) Compensation.--
(1) In general.--Each member of the Commission shall be
compensated at the annual rate of basic pay prescribed for level IV
of the Executive Schedule under section 5315 of title 5, United
States Code.
(2) Other activities.--No member appointed to the Commission
under subsection (a) may engage in any other business, vocation, or
employment while serving as a member of the Commission and shall
terminate or liquidate such business, vocation, or employment
before sitting as a member of the Commission.

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(a) Executive Director, General Counsel, and Other Staff.--
(1) Executive director.--The Commission shall have an Executive
Director, who shall be paid at a rate not to exceed the rate of
basic pay for level V of the Executive Schedule under section 5316
of title 5, United States Code.
(2) Term of service for executive director.--The Executive
Director shall serve for a term of 4 years. An Executive Director
may serve for a longer period only if reappointed for an additional
term or terms by a vote of the Commission.
(3) Procedure for appointment.--
(A) In general.--When a vacancy exists in the position of
the Executive Director, the Standards Board and the Board of
Advisors shall each appoint a search committee to recommend at
least three nominees for the position.
(B) Requiring consideration of nominees.--Except as
provided in subparagraph (C), the Commission shall consider the
nominees recommended by the Standards Board and the Board of
Advisors in appointing the Executive Director.
(C) Interim service of general counsel.--If a vacancy
exists in the position of the Executive Director, the General
Counsel of the Commission shall serve as the acting Executive
Director until the Commission appoints a new Executive Director
in accordance with this paragraph.
(D) Special rules for interim executive director.--
(i) Convening of search committees.--The Standards
Board and the Board of Advisors shall each appoint a search
committee and recommend nominees for the position of
Executive Director in accordance with subparagraph (A) as
soon as practicable after the appointment of their members.
(ii) Interim initial appointment.--Notwithstanding
subparagraph (B), the Commission may appoint an individual
to serve as an interim Executive Director prior to the
recommendation of nominees for the position by the
Standards Board or the Board of Advisors, except that such
individual's term of service may not exceed 6 months.
Nothing in the previous sentence may be construed to
prohibit the individual serving as the interim Executive
Director from serving any additional term.
(4) General counsel.--The Commission shall have a General
Counsel, who shall be appointed by the Commission and who shall
serve under the Executive Director. The General Counsel shall serve
for a term of 4 years, and may serve for a longer period only if
reappointed for an additional term or terms by a vote of the
Commission.
(5) Other staff.--Subject to rules prescribed by the
Commission, the Executive Director may appoint and fix the pay of
such additional personnel as the Executive Director considers
appropriate.
(6) Applicability of certain civil service laws.--The Executive
Director, General Counsel, and staff of the Commission may be
appointed without regard to the provisions of title 5, United
States Code, governing appointments in the competitive service, and
may be paid without regard to the provisions of chapter 51 and
subchapter III of chapter 53 of that title relating to
classification and General Schedule pay rates, except that an
individual so appointed may not receive pay in excess of the annual
rate of basic pay for level V of the Executive Schedule under
section 5316 of that title.
(b) Experts and Consultants.--Subject to rules prescribed by the
Commission, the Executive Director may procure temporary and
intermittent services under section 3109(b) of title 5, United States
Code, by a vote of the Commission.
(c) Staff of Federal Agencies.--Upon request of the Commission, the
head of any Federal department or agency may detail, on a reimbursable
basis, any of the personnel of that department or agency to the
Commission to assist it in carrying out its duties under this Act.
(d) Arranging for Assistance for Board of Advisors and Standards
Board.--At the request of the Board of Advisors or the Standards Board,
the Commission may enter into such arrangements as the Commission
considers appropriate to make personnel available to assist the Boards
with carrying out their duties under this title (including contracts
with private individuals for providing temporary personnel services or
the temporary detailing of personnel of the Commission).
(e) Consultation With Board of Advisors and Standards Board on
Certain Matters.--In preparing the program goals, long-term plans,
mission statements, and related matters for the Commission, the
Executive Director and staff of the Commission shall consult with the
Board of Advisors and the Standards Board.

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(a) Hearings and Sessions.--The Commission may hold such hearings
for the purpose of carrying out this Act, sit and act at such times and
places, take such testimony, and receive such evidence as the
Commission considers advisable to carry out this Act. The Commission
may administer oaths and affirmations to witnesses appearing before the
Commission.
(b) Information From Federal Agencies.--The Commission may secure
directly from any Federal department or agency such information as the
Commission considers necessary to carry out this Act. Upon request of
the Commission, the head of such department or agency shall furnish
such information to the Commission.
(c) Postal Services.--The Commission may use the United States
mails in the same manner and under the same conditions as other
departments and agencies of the Federal Government.
(d) Administrative Support Services.--Upon the request of the
Commission, the Administrator of General Services shall provide to the
Commission, on a reimbursable basis, the administrative support
services that are necessary to enable the Commission to carry out its
duties under this Act.
(e) Contracts.--The Commission may contract with and compensate
persons and Federal agencies for supplies and services without regard
to section 3709 of the Revised Statutes of the United States (41 U.S.C.
5).

0484586cc8405e60bb468f8b5bc731da34585f26da701e48d3ab8d1a5f11c3ec

In carrying out its duties, the Commission shall, on an ongoing
basis, disseminate to the public (through the Internet, published
reports, and such other methods as the Commission considers
appropriate) in a manner that is consistent with the requirements of
chapter 19 of title 44, United States Code, information on the
activities carried out under this Act.

17a23be6bbbd61774bbf9e65e4782881bebfdae33f6fa9b5abe49f1f93838568

Not later than January 31 of each year (beginning with 2004), the
Commission shall submit a report to the Committee on House
Administration of the House of Representatives and the Committee on
Rules and Administration of the Senate detailing its activities during
the fiscal year which ended on September 30 of the previous calendar
year, and shall include in the report the following information:
(1) A detailed description of activities conducted with respect
to each program carried out by the Commission under this Act,
including information on each grant or other payment made under
such programs.
(2) A copy of each report submitted to the Commission by a
recipient of such grants or payments which is required under such a
program, including reports submitted by States receiving
requirements payments under part 1 of subtitle D, and each other
report submitted to the Commission under this Act.
(3) Information on the voluntary voting system guidelines
adopted or modified by the Commission under part 3 and information
on the voluntary guidance adopted under subtitle B of title III.
(4) All votes taken by the Commission.
(5) Such other information and recommendations as the
Commission considers appropriate.

32a125955289a32f92d77233e56186ec89a584d0808865620217f54abdde66ce

Any action which the Commission is authorized to carry out under
this Act may be carried out only with the approval of at least three of
its members.

5b85bd8b92b1e71bbc798bdf2b8588a30d977b7a41d15e2c16787f7db4d01d73

The Commission shall not have any authority to issue any rule,
promulgate any regulation, or take any other action which imposes any
requirement on any State or unit of local government, except to the
extent permitted under section 9(a) of the National Voter Registration
Act of 1993 (42 U.S.C. 1973gg-7(a)).

b22ad03d9bee676d4c1bc55f22a8d58a450bd84aa9bd42bfd17562282109cb1a

In addition to the amounts authorized for payments and grants under
this title and the amounts authorized to be appropriated for the
program under section 503, there are authorized to be appropriated for
each of the fiscal years 2003 through 2005 such sums as may be
necessary (but not to exceed $10,000,000 for each such year) for the
Commission to carry out this title.
PART 2--ELECTION ASSISTANCE COMMISSION STANDARDS BOARD AND BOARD OF
ADVISORS

4f67a643b5f5490259d19faa004ec64e7207e51bb0933b6558171db550dd599f

There are hereby established the Election Assistance Commission
Standards Board (hereafter in this title referred to as the ``Standards
Board'') and the Election Assistance Commission Board of Advisors
(hereafter in this title referred to as the ``Board of Advisors'').

00cc837929e038d44bacf08e22430788909b6a907c898570fe8755c0b16e8b66

The Standards Board and the Board of Advisors shall each, in
accordance with the procedures described in part 3, review the
voluntary voting system guidelines under such part, the voluntary
guidance under title III, and the best practices recommendations
contained in the report submitted under section 242(b).

c91acc4315a47ef1dc44d328a37424e336f097f5cfda57ef0e94d48a3f034f99

(a) Composition.--
(1) In general.--Subject to certification by the chair of the
Federal Election Commission under subsection (b), the Standards
Board shall be composed of 110 members as follows:
(A) Fifty-five shall be State election officials selected
by the chief State election official of each State.
(B) Fifty-five shall be local election officials selected
in accordance with paragraph (2).
(2) List of local election officials.--Each State's local
election officials, including the local election officials of
Puerto Rico and the United States Virgin Islands, shall select
(under a process supervised by the chief election official of the
State) a representative local election official from the State for
purposes of paragraph (1)(B). In the case of the District of
Columbia, Guam, and American Samoa, the chief election official
shall establish a procedure for selecting an individual to serve as
a local election official for purposes of such paragraph, except
that under such a procedure the individual selected may not be a
member of the same political party as the chief election official.
(3) Requiring mix of political parties represented.--The two
members of the Standards Board who represent the same State may not
be members of the same political party.
(b) Procedures for Notice and Certification of Appointment.--
(1) Notice to chair of federal election commission.--Not later
than 90 days after the date of the enactment of this Act, the chief
State election official of the State shall transmit a notice to the
chair of the Federal Election Commission containing--
(A) the name of the State election official who agrees to
serve on the Standards Board under this title; and
(B) the name of the representative local election official
from the State selected under subsection (a)(2) who agrees to
serve on the Standards Board under this title.
(2) Certification.--Upon receiving a notice from a State under
paragraph (1), the chair of the Federal Election Commission shall
publish a certification that the selected State election official
and the representative local election official are appointed as
members of the Standards Board under this title.
(3) Effect of failure to provide notice.--If a State does not
transmit a notice to the chair of the Federal Election Commission
under paragraph (1) within the deadline described in such
paragraph, no representative from the State may participate in the
selection of the initial Executive Board under subsection (c).
(4) Role of commission.--Upon the appointment of the members of
the Election Assistance Commission, the Election Assistance
Commission shall carry out the duties of the Federal Election
Commission under this subsection.
(c) Executive Board.--
(1) In general.--Not later than 60 days after the last day on
which the appointment of any of its members may be certified under
subsection (b), the Standards Board shall select nine of its
members to serve as the Executive Board of the Standards Board, of
whom--
(A) not more than five may be State election officials;
(B) not more than five may be local election officials; and
(C) not more than five may be members of the same political
party.
(2) Terms.--Except as provided in paragraph (3), members of the
Executive Board of the Standards Board shall serve for a term of 2
years and may not serve for more than 3 consecutive terms.
(3) Staggering of initial terms.--Of the members first selected
to serve on the Executive Board of the Standards Board--
(A) three shall serve for 1 term;
(B) three shall serve for 2 consecutive terms; and
(C) three shall serve for 3 consecutive terms,
as determined by lot at the time the members are first appointed.
(4) Duties.--In addition to any other duties assigned under
this title, the Executive Board of the Standards Board may carry
out such duties of the Standards Board as the Standards Board may
delegate.

296686e334a5d66e622521d32c936dc39c2031adcaa1e5e1416986eeb013c054

(a) In General.--The Board of Advisors shall be composed of 37
members appointed as follows:
(1) Two members appointed by the National Governors
Association.
(2) Two members appointed by the National Conference of State
Legislatures.
(3) Two members appointed by the National Association of
Secretaries of State.
(4) Two members appointed by the National Association of State
Election Directors.
(5) Two members appointed by the National Association of
Counties.
(6) Two members appointed by the National Association of County
Recorders, Election Administrators, and Clerks.
(7) Two members appointed by the United States Conference of
Mayors.
(8) Two members appointed by the Election Center.
(9) Two members appointed by the International Association of
County Recorders, Election Officials, and Treasurers.
(10) Two members appointed by the United States Commission on
Civil Rights.
(11) Two members appointed by the Architectural and
Transportation Barrier Compliance Board under section 502 of the
Rehabilitation Act of 1973 (29 U.S.C. 792).
(12) The chief of the Office of Public Integrity of the
Department of Justice, or the chief's designee.
(13) The chief of the Voting Section of the Civil Rights
Division of the Department of Justice or the chief's designee.
(14) The director of the Federal Voting Assistance Program of
the Department of Defense.
(15) Four members representing professionals in the field of
science and technology, of whom--
(A) one each shall be appointed by the Speaker and the
Minority Leader of the House of Representatives; and
(B) one each shall be appointed by the Majority Leader and
the Minority Leader of the Senate.
(16) Eight members representing voter interests, of whom--
(A) four members shall be appointed by the Committee on
House Administration of the House of Representatives, of whom
two shall be appointed by the chair and two shall be appointed
by the ranking minority member; and
(B) four members shall be appointed by the Committee on
Rules and Administration of the Senate, of whom two shall be
appointed by the chair and two shall be appointed by the
ranking minority member.
(b) Manner of Appointments.--Appointments shall be made to the
Board of Advisors under subsection (a) in a manner which ensures that
the Board of Advisors will be bipartisan in nature and will reflect the
various geographic regions of the United States.
(c) Term of Service; Vacancy.--Members of the Board of Advisors
shall serve for a term of 2 years, and may be reappointed. Any vacancy
in the Board of Advisors shall be filled in the manner in which the
original appointment was made.
(d) Chair.--The Board of Advisors shall elect a Chair from among
its members.

c7135c3f8e8a5dd55bf8df806f03f2c376fdd3687ce36b408399827c2f472662

(a) Hearings and Sessions.--
(1) In general.--To the extent that funds are made available by
the Commission, the Standards Board (acting through the Executive
Board) and the Board of Advisors may each hold such hearings for
the purpose of carrying out this Act, sit and act at such times and
places, take such testimony, and receive such evidence as each such
Board considers advisable to carry out this title, except that the
Boards may not issue subpoenas requiring the attendance and
testimony of witnesses or the production of any evidence.
(2) Meetings.--The Standards Board and the Board of Advisors
shall each hold a meeting of its members--
(A) not less frequently than once every year for purposes
of voting on the voluntary voting system guidelines referred to
it under section 222;
(B) in the case of the Standards Board, not less frequently
than once every 2 years for purposes of selecting the Executive
Board; and
(C) at such other times as it considers appropriate for
purposes of conducting such other business as it considers
appropriate consistent with this title.
(b) Information From Federal Agencies.--The Standards Board and the
Board of Advisors may each secure directly from any Federal department
or agency such information as the Board considers necessary to carry
out this Act. Upon request of the Executive Board (in the case of the
Standards Board) or the Chair (in the case of the Board of Advisors),
the head of such department or agency shall furnish such information to
the Board.
(c) Postal Services.--The Standards Board and the Board of Advisors
may use the United States mails in the same manner and under the same
conditions as a department or agency of the Federal Government.
(d) Administrative Support Services.--Upon the request of the
Executive Board (in the case of the Standards Board) or the Chair (in
the case of the Board of Advisors), the Administrator of the General
Services Administration shall provide to the Board, on a reimbursable
basis, the administrative support services that are necessary to enable
the Board to carry out its duties under this title.
(e) No Compensation for Service.--Members of the Standards Board
and members of the Board of Advisors 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 Board.

4bed5ccd4a6eb0fa2454260076b195c43a64e3c628631a983c0f7e9ad682777b

BOARD.
(a) In General.--The provisions of chapters 161 and 171 of title
28, United States Code, shall apply with respect to the liability of
the Standards Board, the Board of Advisors, and their members for acts
or omissions performed pursuant to and in the course of the duties and
responsibilities of the Board.
(b) Exception for Criminal Acts and Other Willful Conduct.--
Subsection (a) may not be construed to limit personal liability for
criminal acts or omissions, willful or malicious misconduct, acts or
omissions for private gain, or any other act or omission outside the
scope of the service of a member of the Standards Board or the Board of
Advisors.
PART 3--TECHNICAL GUIDELINES DEVELOPMENT COMMITTEE

5b39aee3dc3ff3ed27c0b91b266f923c4e0f5697b71cf9ac1bcfb92a5c85ee15

(a) Establishment.--There is hereby established the Technical
Guidelines Development Committee (hereafter in this part referred to as
the ``Development Committee'').
(b) Duties.--
(1) In general.--The Development Committee shall assist the
Executive Director of the Commission in the development of the
voluntary voting system guidelines.
(2) Deadline for initial set of recommendations.--The
Development Committee shall provide its first set of
recommendations under this section to the Executive Director of the
Commission not later than 9 months after all of its members have
been appointed.
(c) Membership.--
(1) In general.--The Development Committee shall be composed of
the Director of the National Institute of Standards and Technology
(who shall serve as its chair), together with a group of 14 other
individuals appointed jointly by the Commission and the Director of
the National Institute of Standards and Technology, consisting of
the following:
(A) An equal number of each of the following:
(i) Members of the Standards Board.
(ii) Members of the Board of Advisors.
(iii) Members of the Architectural and Transportation
Barrier Compliance Board under section 502 of the
Rehabilitation Act of 1973 (29 U.S.C. 792).
(B) A representative of the American National Standards
Institute.
(C) A representative of the Institute of Electrical and
Electronics Engineers.
(D) Two representatives of the National Association of
State Election Directors selected by such Association who are
not members of the Standards Board or Board of Advisors, and
who are not of the same political party.
(E) Other individuals with technical and scientific
expertise relating to voting systems and voting equipment.
(2) Quorum.--A majority of the members of the Development
Committee shall constitute a quorum, except that the Development
Committee may not conduct any business prior to the appointment of
all of its members.
(d) No Compensation for Service.--Members of the Development
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 Development Committee.
(e) Technical Support From National Institute of Standards and
Technology.--
(1) In general.--At the request of the Development Committee,
the Director of the National Institute of Standards and Technology
shall provide the Development Committee with technical support
necessary for the Development Committee to carry out its duties
under this subtitle.
(2) Technical support.--The technical support provided under
paragraph (1) shall include intramural research and development in
areas to support the development of the voluntary voting system
guidelines under this part, including--
(A) the security of computers, computer networks, and
computer data storage used in voting systems, including the
computerized list required under section 303(a);
(B) methods to detect and prevent fraud;
(C) the protection of voter privacy;
(D) the role of human factors in the design and application
of voting systems, including assistive technologies for
individuals with disabilities (including blindness) and varying
levels of literacy; and
(E) remote access voting, including voting through the
Internet.
(3) No private sector intellectual property rights in
guidelines.--No private sector individual or entity shall obtain
any intellectual property rights to any guideline or the contents
of any guideline (or any modification to any guideline) adopted by
the Commission under this Act.
(f) Publication of Recommendations in Federal Register.--At the
time the Commission adopts any voluntary voting system guideline
pursuant to section 222, the Development Committee shall cause to have
published in the Federal Register the recommendations it provided under
this section to the Executive Director of the Commission concerning the
guideline adopted.

7e0b1704272cab31ee8128a3be4bf924da66e37749a11ab53a1210bd94e69b67

(a) General Requirement for Notice and Comment.--Consistent with
the requirements of this section, the final adoption of the voluntary
voting system guidelines (or modification of such a guideline) shall be
carried out by the Commission in a manner that provides for each of the
following:
(1) Publication of notice of the proposed guidelines in the
Federal Register.
(2) An opportunity for public comment on the proposed
guidelines.
(3) An opportunity for a public hearing on the record.
(4) Publication of the final guidelines in the Federal
Register.
(b) Consideration of Recommendations of Development Committee;
Submission of Proposed Guidelines to Board of Advisors and Standards
Board.--
(1) Consideration of recommendations of development
committee.--In developing the voluntary voting system guidelines
and modifications of such guidelines under this section, the
Executive Director of the Commission shall take into consideration
the recommendations provided by the Technical Guidelines
Development Committee under section 221.
(2) Board of advisors.--The Executive Director of the
Commission shall submit the guidelines proposed to be adopted under
this part (or any modifications to such guidelines) to the Board of
Advisors.
(3) Standards board.--The Executive Director of the Commission
shall submit the guidelines proposed to be adopted under this part
(or any modifications to such guidelines) to the Executive Board of
the Standards Board, which shall review the guidelines (or
modifications) and forward its recommendations to the Standards
Board.
(c) Review.--Upon receipt of voluntary voting system guidelines
described in subsection (b) (or a modification of such guidelines) from
the Executive Director of the Commission, the Board of Advisors and the
Standards Board shall each review and submit comments and
recommendations regarding the guideline (or modification) to the
Commission.
(d) Final Adoption.--
(1) In general.--A voluntary voting system guideline described
in subsection (b) (or modification of such a guideline) shall not
be considered to be finally adopted by the Commission unless the
Commission votes to approve the final adoption of the guideline (or
modification), taking into consideration the comments and
recommendations submitted by the Board of Advisors and the
Standards Board under subsection (c).
(2) Minimum period for consideration of comments and
recommendations.--The Commission may not vote on the final adoption
of a guideline described in subsection (b) (or modification of such
a guideline) until the expiration of the 90-day period which begins
on the date the Executive Director of the Commission submits the
proposed guideline (or modification) to the Board of Advisors and
the Standards Board under subsection (b).
(e) Special Rule for Initial Set of Guidelines.--Notwithstanding
any other provision of this part, the most recent set of voting system
standards adopted by the Federal Election Commission prior to the date
of the enactment of this Act shall be deemed to have been adopted by
the Commission as of the date of the enactment of this Act as the first
set of voluntary voting system guidelines adopted under this part.
Subtitle B--Testing, Certification, Decertification, and
Recertification of Voting System Hardware and Software

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(a) Certification and Testing.--
(1) In general.--The Commission shall provide for the testing,
certification, decertification, and recertification of voting
system hardware and software by accredited laboratories.
(2) Optional use by states.--At the option of a State, the
State may provide for the testing, certification, decertification,
or recertification of its voting system hardware and software by
the laboratories accredited by the Commission under this section.
(b) Laboratory Accreditation.--
(1) Recommendations by national institute of standards and
technology.--Not later than 6 months after the Commission first
adopts voluntary voting system guidelines under part 3 of subtitle
A, the Director of the National Institute of Standards and
Technology shall conduct an evaluation of independent, non-Federal
laboratories and shall submit to the Commission a list of those
laboratories the Director proposes to be accredited to carry out
the testing, certification, decertification, and recertification
provided for under this section.
(2) Approval by commission.--
(A) In general.--The Commission shall vote on the
accreditation of any laboratory under this section, taking into
consideration the list submitted under paragraph (1), and no
laboratory may be accredited for purposes of this section
unless its accreditation is approved by a vote of the
Commission.
(B) Accreditation of laboratories not on director list.--
The Commission shall publish an explanation for the
accreditation of any laboratory not included on the list
submitted by the Director of the National Institute of
Standards and Technology under paragraph (1).
(c) Continuing Review by National Institute of Standards and
Technology.--
(1) In general.--In cooperation with the Commission and in
consultation with the Standards Board and the Board of Advisors,
the Director of the National Institute of Standards and Technology
shall monitor and review, on an ongoing basis, the performance of
the laboratories accredited by the Commission under this section,
and shall make such recommendations to the Commission as it
considers appropriate with respect to the continuing accreditation
of such laboratories, including recommendations to revoke the
accreditation of any such laboratory.
(2) Approval by commission required for revocation.--The
accreditation of a laboratory for purposes of this section may not
be revoked unless the revocation is approved by a vote of the
Commission.
(d) Transition.--Until such time as the Commission provides for the
testing, certification, decertification, and recertification of voting
system hardware and software by accredited laboratories under this
section, the accreditation of laboratories and the procedure for the
testing, certification, decertification, and recertification of voting
system hardware and software used as of the date of the enactment of
this Act shall remain in effect.
Subtitle C--Studies and Other Activities To Promote Effective
Administration of Federal Elections

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(a) In General.--On such periodic basis as the Commission may
determine, the Commission shall conduct and make available to the
public studies regarding the election administration issues described
in subsection (b), with the goal of promoting methods of voting and
administering elections which--
(1) will be the most convenient, accessible, and easy to use
for voters, including members of the uniformed services and
overseas voters, individuals with disabilities, including the blind
and visually impaired, and voters with limited proficiency in the
English language;
(2) will yield the most accurate, secure, and expeditious
system for voting and tabulating election results;
(3) will be nondiscriminatory and afford each registered and
eligible voter an equal opportunity to vote and to have that vote
counted; and
(4) will be efficient and cost-effective for use.
(b) Election Administration Issues Described.--For purposes of
subsection (a), the election administration issues described in this
subsection are as follows:
(1) Methods and mechanisms of election technology and voting
systems used in voting and counting votes in elections for Federal
office, including the over-vote and under-vote notification
capabilities of such technology and systems.
(2) Ballot designs for elections for Federal office.
(3) Methods of voter registration, maintaining secure and
accurate lists of registered voters (including the establishment of
a centralized, interactive, statewide voter registration list
linked to relevant agencies and all polling sites), and ensuring
that registered voters appear on the voter registration list at the
appropriate polling site.
(4) Methods of conducting provisional voting.
(5) Methods of ensuring the accessibility of voting,
registration, polling places, and voting equipment to all voters,
including individuals with disabilities (including the blind and
visually impaired), Native American or Alaska Native citizens, and
voters with limited proficiency in the English language.
(6) Nationwide statistics and methods of identifying,
deterring, and investigating voting fraud in elections for Federal
office.
(7) Identifying, deterring, and investigating methods of voter
intimidation.
(8) Methods of recruiting, training, and improving the
performance of poll workers.
(9) Methods of educating voters about the process of
registering to vote and voting, the operation of voting mechanisms,
the location of polling places, and all other aspects of
participating in elections.
(10) The feasibility and advisability of conducting elections
for Federal office on different days, at different places, and
during different hours, including the advisability of establishing
a uniform poll closing time and establishing--
(A) a legal public holiday under section 6103 of title 5,
United States Code, as the date on which general elections for
Federal office are held;
(B) the Tuesday next after the 1st Monday in November, in
every even numbered year, as a legal public holiday under such
section;
(C) a date other than the Tuesday next after the 1st Monday
in November, in every even numbered year as the date on which
general elections for Federal office are held; and
(D) any date described in subparagraph (C) as a legal
public holiday under such section.
(11) Federal and State laws governing the eligibility of
persons to vote.
(12) Ways that the Federal Government can best assist State and
local authorities to improve the administration of elections for
Federal office and what levels of funding would be necessary to
provide such assistance.
(13)(A) The laws and procedures used by each State that
govern--
(i) recounts of ballots cast in elections for Federal
office;
(ii) contests of determinations regarding whether votes are
counted in such elections; and
(iii) standards that define what will constitute a vote on
each type of voting equipment used in the State to conduct
elections for Federal office.
(B) The best practices (as identified by the Commission) that
are used by States with respect to the recounts and contests
described in clause (i).
(C) Whether or not there is a need for more consistency among
State recount and contest procedures used with respect to elections
for Federal office.
(14) The technical feasibility of providing voting materials in
eight or more languages for voters who speak those languages and
who have limited English proficiency.
(15) Matters particularly relevant to voting and administering
elections in rural and urban areas.
(16) Methods of voter registration for members of the uniformed
services and overseas voters, and methods of ensuring that such
voters receive timely ballots that will be properly and
expeditiously handled and counted.
(17) The best methods for establishing voting system
performance benchmarks, expressed as a percentage of residual vote
in the Federal contest at the top of the ballot.
(18) Broadcasting practices that may result in the broadcast of
false information concerning the location or time of operation of a
polling place.
(19) Such other matters as the Commission determines are
appropriate.
(c) Reports.--The Commission shall submit to the President and to
the Committee on House Administration of the House of Representatives
and the Committee on Rules and Administration of the Senate a report on
each study conducted under subsection (a) together with such
recommendations for administrative and legislative action as the
Commission determines is appropriate.

0d7bdc41703b724a0ed25faaf72d764f86a2a8341d54203f0c4297035a376d6d

FACILITATING MILITARY AND OVERSEAS VOTING.
(a) Study.--
(1) In general.--The Commission, in consultation with the
Secretary of Defense, shall conduct a study on the best practices
for facilitating voting by absent uniformed services voters (as
defined in section 107(1) of the Uniformed and Overseas Citizens
Absentee Voting Act) and overseas voters (as defined in section
107(5) of such Act).
(2) Issues considered.--In conducting the study under paragraph
(1) the Commission shall consider the following issues:
(A) The rights of residence of uniformed services voters
absent due to military orders.
(B) The rights of absent uniformed services voters and
overseas voters to register to vote and cast absentee ballots,
including the right of such voters to cast a secret ballot.
(C) The rights of absent uniformed services voters and
overseas voters to submit absentee ballot applications early
during an election year.
(D) The appropriate preelection deadline for mailing
absentee ballots to absent uniformed services voters and
overseas voters.
(E) The appropriate minimum period between the mailing of
absentee ballots to absent uniformed services voters and
overseas voters and the deadline for receipt of such ballots.
(F) The timely transmission of balloting materials to
absent uniformed services voters and overseas voters.
(G) Security and privacy concerns in the transmission,
receipt, and processing of ballots from absent uniformed
services voters and overseas voters, including the need to
protect against fraud.
(H) The use of a single application by absent uniformed
services voters and overseas voters for absentee ballots for
all Federal elections occurring during a year.
(I) The use of a single application for voter registration
and absentee ballots by absent uniformed services voters and
overseas voters.
(J) The use of facsimile machines and electronic means of
transmission of absentee ballot applications and absentee
ballots to absent uniformed services voters and overseas
voters.
(K) Other issues related to the rights of absent uniformed
services voters and overseas voters to participate in
elections.
(b) Report and Recommendations.--Not later than the date that is 18
months after the date of the enactment of this Act, the Commission
shall submit to the President and Congress a report on the study
conducted under subsection (a)(1) together with recommendations
identifying the best practices used with respect to the issues
considered under subsection (a)(2).

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Not later than 1 year after the date of the enactment of this Act,
the Commission, in consultation with the Director of the National
Institute of Standards and Technology, shall submit a report to
Congress which assesses the areas of human factor research, including
usability engineering and human-computer and human-machine interaction,
which feasibly could be applied to voting products and systems design
to ensure the usability and accuracy of voting products and systems,
including methods to improve access for individuals with disabilities
(including blindness) and individuals with limited proficiency in the
English language and to reduce voter error and the number of spoiled
ballots in elections.

f19babd486f99932643d367bfe01f07673a7ac126a79d0e43074d5847d1ad555

SOCIAL SECURITY INFORMATION.
(a) Registration by Mail.--
(1) Study.--
(A) In general.--The Commission shall conduct a study of
the impact of section 303(b) on voters who register by mail.
(B) Specific issues studied.--The study conducted under
subparagraph (A) shall include--
(i) an examination of the impact of section 303(b) on
first time mail registrant voters who vote in person,
including the impact of such section on voter registration;
(ii) an examination of the impact of such section on
the accuracy of voter rolls, including preventing
ineligible names from being placed on voter rolls and
ensuring that all eligible names are placed on voter rolls;
and
(iii) an analysis of the impact of such section on
existing State practices, such as the use of signature
verification or attestation procedures to verify the
identity of voters in elections for Federal office, and an
analysis of other changes that may be made to improve the
voter registration process, such as verification or
additional information on the registration card.
(2) Report.--Not later than 18 months after the date on which
section 303(b)(2) takes effect, the Commission shall submit a
report to the President and Congress on the study conducted under
paragraph (1)(A) together with such recommendations for
administrative and legislative action as the Commission determines
is appropriate.
(b) Use of Social Security Information.--Not later than 18 months
after the date on which section 303(a)(5) takes effect, the Commission,
in consultation with the Commissioner of Social Security, shall study
and report to Congress on the feasibility and advisability of using
Social Security identification numbers or other information compiled by
the Social Security Administration to establish voter registration or
other election law eligibility or identification requirements,
including the matching of relevant information specific to an
individual voter, the impact of such use on national security issues,
and whether adequate safeguards or waiver procedures exist to protect
the privacy of an individual voter.

aa0829b777744aee01edff6434a1fb5819070eab6529dbc5aa959d99f67fe0d1

PROCESS.
(a) Study.--
(1) In general.--The Commission shall conduct a thorough study
of issues and challenges, specifically to include the potential for
election fraud, presented by incorporating communications and
Internet technologies in the Federal, State, and local electoral
process.
(2) Issues to be studied.--The Commission may include in the
study conducted under paragraph (1) an examination of--
(A) the appropriate security measures required and minimum
standards for certification of systems or technologies in order
to minimize the potential for fraud in voting or in the
registration of qualified citizens to register and vote;
(B) the possible methods, such as Internet or other
communications technologies, that may be utilized in the
electoral process, including the use of those technologies to
register voters and enable citizens to vote online, and
recommendations concerning statutes and rules to be adopted in
order to implement an online or Internet system in the
electoral process;
(C) the impact that new communications or Internet
technology systems for use in the electoral process could have
on voter participation rates, voter education, public
accessibility, potential external influences during the
elections process, voter privacy and anonymity, and other
issues related to the conduct and administration of elections;
(D) whether other aspects of the electoral process, such as
public availability of candidate information and citizen
communication with candidates, could benefit from the increased
use of online or Internet technologies;
(E) the requirements for authorization of collection,
storage, and processing of electronically generated and
transmitted digital messages to permit any eligible person to
register to vote or vote in an election, including applying for
and casting an absentee ballot;
(F) the implementation cost of an online or Internet voting
or voter registration system and the costs of elections after
implementation (including a comparison of total cost savings
for the administration of the electoral process by using
Internet technologies or systems);
(G) identification of current and foreseeable online and
Internet technologies for use in the registration of voters,
for voting, or for the purpose of reducing election fraud,
currently available or in use by election authorities;
(H) the means by which to ensure and achieve equity of
access to online or Internet voting or voter registration
systems and address the fairness of such systems to all
citizens; and
(I) the impact of technology on the speed, timeliness, and
accuracy of vote counts in Federal, State, and local elections.
(b) Report.--
(1) Submission.--Not later than 20 months after the date of the
enactment of this Act, the Commission shall transmit to the
Committee on House Administration of the House of Representatives
and the Committee on Rules and Administration of the Senate a
report on the results of the study conducted under subsection (a),
including such legislative recommendations or model State laws as
are required to address the findings of the Commission.
(2) Internet posting.--In addition to the dissemination
requirements under chapter 19 of title 44, United States Code, the
Election Administration Commission shall post the report
transmitted under paragraph (1) on an Internet website.

d10c4d00ad194cbfdd45fd7ef7ee9c8a43b04321c00b768a1d2faf9c7630cfb3

(a) Study on the Establishment of a Free Absentee Ballot Postage
Program.--
(1) In general.--The Commission, in consultation with the
Postal Service, shall conduct a study on the feasibility and
advisability of the establishment of a program under which the
Postal Service shall waive or otherwise reduce the amount of
postage applicable with respect to absentee ballots submitted by
voters in general elections for Federal office (other than
balloting materials mailed under section 3406 of title 39, United
States Code) that does not apply with respect to the postage
required to send the absentee ballots to voters.
(2) Public survey.--As part of the study conducted under
paragraph (1), the Commission shall conduct a survey of potential
beneficiaries under the program described in such paragraph,
including the elderly and disabled, and shall take into account the
results of such survey in determining the feasibility and
advisability of establishing such a program.
(b) Report.--
(1) Submission.--Not later than the date that is 1 year after
the date of the enactment of this Act, the Commission shall submit
to Congress a report on the study conducted under subsection (a)(1)
together with recommendations for such legislative and
administrative action as the Commission determines appropriate.
(2) Costs.--The report submitted under paragraph (1) shall
contain an estimate of the costs of establishing the program
described in subsection (a)(1).
(3) Implementation.--The report submitted under paragraph (1)
shall contain an analysis of the feasibility of implementing the
program described in subsection (a)(1) with respect to the absentee
ballots to be submitted in the general election for Federal office
held in 2004.
(4) Recommendations regarding the elderly and disabled.--The
report submitted under paragraph (1) shall--
(A) include recommendations on ways that program described
in subsection (a)(1) would target elderly individuals and
individuals with disabilities; and
(B) identify methods to increase the number of such
individuals who vote in elections for Federal office.
(c) Postal Service Defined.--The term ``Postal Service'' means the
United States Postal Service established under section 201 of title 39,
United States Code.

9e4a137a7085ad181c29f36589a98a33e7c219a1b5115845a5a7ed759b722076

The Commission shall carry out its duties under this subtitle in
consultation with the Standards Board and the Board of Advisors.
Subtitle D--Election Assistance
PART 1--REQUIREMENTS PAYMENTS

bd6b7efd18a4e86f6d8f53de27785577ec3f1a10b6e3859fcc92f5280e8016f2

(a) In General.--The Commission shall make a requirements payment
each year in an amount determined under section 252 to each State which
meets the conditions described in section 253 for the year.
(b) Use of Funds.--
(1) In general.--Except as provided in paragraph (2), a State
receiving a requirements payment shall use the payment only to meet
the requirements of title III.
(2) Other activities.--A State may use a requirements payment
to carry out other activities to improve the administration of
elections for Federal office if the State certifies to the
Commission that--
(A) the State has implemented the requirements of title
III; or
(B) the amount expended with respect to such other
activities does not exceed an amount equal to the minimum
payment amount applicable to the State under section 252(c).
(c) Retroactive Payments.--
(1) In general.--Notwithstanding any other provision of this
subtitle, including the maintenance of effort requirements of
section 254(a)(7), a State may use a requirements payment as a
reimbursement for costs incurred in obtaining voting equipment
which meets the requirements of section 301 if the State obtains
the equipment after the regularly scheduled general election for
Federal office held in November 2000.
(2) Special rule regarding multiyear contracts.--A State may
use a requirements payment for any costs for voting equipment which
meets the requirements of section 301 that, pursuant to a multiyear
contract, were incurred on or after January 1, 2001, except that
the amount that the State is otherwise required to contribute under
the maintenance of effort requirements of section 254(a)(7) shall
be increased by the amount of the payment made with respect to such
multiyear contract.
(d) Adoption of Commission Guidelines and Guidance Not Required To
Receive Payment.--Nothing in this part may be construed to require a
State to implement any of the voluntary voting system guidelines or any
of the voluntary guidance adopted by the Commission with respect to any
matter as a condition for receiving a requirements payment.
(e) Schedule of Payments.--As soon as practicable after the initial
appointment of all members of the Commission (but in no event later
than 6 months thereafter), and not less frequently than once each
calendar year thereafter, the Commission shall make requirements
payments to States under this part.
(f) Limitation.--A State may not use any portion of a requirements
payment--
(1) to pay costs associated with any litigation, except to the
extent that such costs otherwise constitute permitted uses of a
requirements payment under this part; or
(2) for the payment of any judgment.

ca06359089856665d80789ecaab5cce102ae0c53647e66fb4e85d2f518ededb0

(a) In General.--Subject to subsection (c), the amount of a
requirements payment made to a State for a year shall be equal to the
product of--
(1) the total amount appropriated for requirements payments for
the year pursuant to the authorization under section 257; and
(2) the State allocation percentage for the State (as
determined under subsection (b)).
(b) State Allocation Percentage Defined.--The ``State allocation
percentage'' for a State is the amount (expressed as a percentage)
equal to the quotient of--
(1) the voting age population of the State (as reported in the
most recent decennial census); and
(2) the total voting age population of all States (as reported
in the most recent decennial census).
(c) Minimum Amount of Payment.--The amount of a requirements
payment made to a State for a year may not be less than--
(1) in the case of any of the several States or the District of
Columbia, one-half of 1 percent of the total amount appropriated
for requirements payments for the year under section 257; or
(2) in the case of the Commonwealth of Puerto Rico, Guam,
American Samoa, or the United States Virgin Islands, one-tenth of 1
percent of such total amount.
(d) Pro Rata Reductions.--The Administrator shall make such pro
rata reductions to the allocations determined under subsection (a) as
are necessary to comply with the requirements of subsection (c).
(e) Continuing Availability of Funds After Appropriation.--A
requirements payment made to a State under this part shall be available
to the State without fiscal year limitation.

fcdcf3f7ec4c75a8b820d20e1b34ea3e8d51c2ab46514d09501acc12a75d5319

(a) In General.--A State is eligible to receive a requirements
payment for a fiscal year if the chief executive officer of the State,
or designee, in consultation and coordination with the chief State
election official, has filed with the Commission a statement certifying
that the State is in compliance with the requirements referred to in
subsection (b). A State may meet the requirement of the previous
sentence by filing with the Commission a statement which reads as
follows: ``____________ hereby certifies that it is in compliance with
the requirements referred to in section 253(b) of the Help America Vote
Act of 2002.'' (with the blank to be filled in with the name of the
State involved).
(b) State Plan Requirement; Certification of Compliance With
Applicable Laws and Requirements.--The requirements referred to in this
subsection are as follows:
(1) The State has filed with the Commission a State plan
covering the fiscal year which the State certifies--
(A) contains each of the elements described in section 254
with respect to the fiscal year;
(B) is developed in accordance with section 255; and
(C) meets the public notice and comment requirements of
section 256.
(2) The State has filed with the Commission a plan for the
implementation of the uniform, nondiscriminatory administrative
complaint procedures required under section 402 (or has included
such a plan in the State plan filed under paragraph (1)), and has
such procedures in place for purposes of meeting the requirements
of such section. If the State does not include such an
implementation plan in the State plan filed under paragraph (1),
the requirements of sections 255(b) and 256 shall apply to the
implementation plan in the same manner as such requirements apply
to the State plan.
(3) The State is in compliance with each of the laws described
in section 906, as such laws apply with respect to this Act.
(4) To the extent that any portion of the requirements payment
is used for activities other than meeting the requirements of title
III--
(A) the State's proposed uses of the requirements payment
are not inconsistent with the requirements of title III; and
(B) the use of the funds under this paragraph is consistent
with the requirements of section 251(b).
(5) The State has appropriated funds for carrying out the
activities for which the requirements payment is made in an amount
equal to 5 percent of the total amount to be spent for such
activities (taking into account the requirements payment and the
amount spent by the State) and, in the case of a State that uses a
requirements payment as a reimbursement under section 251(c)(2), an
additional amount equal to the amount of such reimbursement.
(c) Methods of Compliance Left to Discretion of State.--The
specific choices on the methods of complying with the elements of a
State plan shall be left to the discretion of the State.
(d) Timing for Filing of Certification.--A State may not file a
statement of certification under subsection (a) until the expiration of
the 45-day period (or, in the case of a fiscal year other than the
first fiscal year for which a requirements payment is made to the State
under this subtitle, the 30-day period) which begins on the date the
State plan under this subtitle is published in the Federal Register
pursuant to section 255(b).
(e) Chief State Election Official Defined.--In this subtitle, 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 (42 U.S.C. 1973gg-8) to be responsible for
coordination of the State's responsibilities under such Act.

73867ab9f591ed81e83692e2d6b749759355e8c7ef3ceffc966bdab46cad5826

(a) In General.--The State plan shall contain a description of each
of the following:
(1) How the State will use the requirements payment to meet the
requirements of title III, and, if applicable under section
251(a)(2), to carry out other activities to improve the
administration of elections.
(2) How the State will distribute and monitor the distribution
of the requirements payment to units of local government or other
entities in the State for carrying out the activities described in
paragraph (1), including a description of--
(A) the criteria to be used to determine the eligibility of
such units or entities for receiving the payment; and
(B) the methods to be used by the State to monitor the
performance of the units or entities to whom the payment is
distributed, consistent with the performance goals and measures
adopted under paragraph (8).
(3) How the State will provide for programs for voter
education, election official education and training, and poll
worker training which will assist the State in meeting the
requirements of title III.
(4) How the State will adopt voting system guidelines and
processes which are consistent with the requirements of section
301.
(5) How the State will establish a fund described in subsection
(b) for purposes of administering the State's activities under this
part, including information on fund management.
(6) The State's proposed budget for activities under this part,
based on the State's best estimates of the costs of such activities
and the amount of funds to be made available, including specific
information on--
(A) the costs of the activities required to be carried out
to meet the requirements of title III;
(B) the portion of the requirements payment which will be
used to carry out activities to meet such requirements; and
(C) the portion of the requirements payment which will be
used to carry out other activities.
(7) How the State, in using the requirements payment, will
maintain the expenditures of the State for activities funded by the
payment at a level that is not less than the level of such
expenditures maintained by the State for the fiscal year ending
prior to November 2000.
(8) How the State will adopt performance goals and measures
that will be used by the State to determine its success and the
success of units of local government in the State in carrying out
the plan, including timetables for meeting each of the elements of
the plan, descriptions of the criteria the State will use to
measure performance and the process used to develop such criteria,
and a description of which official is to be held responsible for
ensuring that each performance goal is met.
(9) A description of the uniform, nondiscriminatory State-based
administrative complaint procedures in effect under section 402.
(10) If the State received any payment under title I, a
description of how such payment will affect the activities proposed
to be carried out under the plan, including the amount of funds
available for such activities.
(11) How the State will conduct ongoing management of the plan,
except that the State may not make any material change in the
administration of the plan unless the change--
(A) is developed and published in the Federal Register in
accordance with section 255 in the same manner as the State
plan;
(B) is subject to public notice and comment in accordance
with section 256 in the same manner as the State plan; and
(C) takes effect only after the expiration of the 30-day
period which begins on the date the change is published in the
Federal Register in accordance with subparagraph (A).
(12) In the case of a State with a State plan in effect under
this subtitle during the previous fiscal year, a description of how
the plan reflects changes from the State plan for the previous
fiscal year and of how the State succeeded in carrying out the
State plan for such previous fiscal year.
(13) A description of the committee which participated in the
development of the State plan in accordance with section 255 and
the procedures followed by the committee under such section and
section 256.
(b) Requirements for Election Fund.--
(1) Election fund described.--For purposes of subsection
(a)(5), a fund described in this subsection with respect to a State
is a fund which is established in the treasury of the State
government, which is used in accordance with paragraph (2), and
which consists of the following amounts:
(A) Amounts appropriated or otherwise made available by the
State for carrying out the activities for which the
requirements payment is made to the State under this part.
(B) The requirements payment made to the State under this
part.
(C) Such other amounts as may be appropriated under law.
(D) Interest earned on deposits of the fund.
(2) Use of fund.--Amounts in the fund shall be used by the
State exclusively to carry out the activities for which the
requirements payment is made to the State under this part.
(3) Treatment of states that require changes to state law.--In
the case of a State that requires State legislation to establish
the fund described in this subsection, the Commission shall defer
disbursement of the requirements payment to such State until such
time as legislation establishing the fund is enacted.
(c) Protection Against Actions Based on Information in Plan.--
(1) In general.--No action may be brought under this Act
against a State or other jurisdiction on the basis of any
information contained in the State plan filed under this part.
(2) Exception for criminal acts.--Paragraph (1) may not be
construed to limit the liability of a State or other jurisdiction
for criminal acts or omissions.

482aa3add25e17fa2de5a88cfa8df27b6242f5a78ae264958b8f69ba8cafae76

COMMISSION.
(a) In General.--The chief State election official shall develop
the State plan under this subtitle through a committee of appropriate
individuals, including the chief election officials of the two most
populous jurisdictions within the States, other local election
officials, stake holders (including representatives of groups of
individuals with disabilities), and other citizens, appointed for such
purpose by the chief State election official.
(b) Publication of Plan by Commission.--After receiving the State
plan of a State under this subtitle, the Commission shall cause to have
the plan published in the Federal Register.

b3feb66544dfe76c06651fb5f363ad82667708ba976ef2b1847c9d5e5381516e

For purposes of section 251(a)(1)(C), a State plan meets the public
notice and comment requirements of this section if--
(1) not later than 30 days prior to the submission of the plan,
the State made a preliminary version of the plan available for
public inspection and comment;
(2) the State publishes notice that the preliminary version of
the plan is so available; and
(3) the State took the public comments made regarding the
preliminary version of the plan into account in preparing the plan
which was filed with the Commission.

9e3b340e9d5eb26626eab702a70a4252b442db2c02b35a826e8baa30d6854442

(a) In General.--In addition to amounts transferred under section
104(c), there are authorized to be appropriated for requirements
payments under this part the following amounts:
(1) For fiscal year 2003, $1,400,000,000.
(2) For fiscal year 2004, $1,000,000,000.
(3) For fiscal year 2005, $600,000,000.
(b) Availability.--Any amounts appropriated pursuant to the
authority of subsection (a) shall remain available without fiscal year
limitation until expended.

af85e80982ffc79db30d6a055d7a8c22243714aa37c7b32a8152574e904d00cf

Not later than 6 months after the end of each fiscal year for which
a State received a requirements payment under this part, the State
shall submit a report to the Commission on the activities conducted
with the funds provided during the year, and shall include in the
report--
(1) a list of expenditures made with respect to each category
of activities described in section 251(b);
(2) the number and type of articles of voting equipment
obtained with the funds; and
(3) an analysis and description of the activities funded under
this part to meet the requirements of this Act and an analysis and
description of how such activities conform to the State plan under
section 254.
PART 2--PAYMENTS TO STATES AND UNITS OF LOCAL GOVERNMENT TO ASSURE
ACCESS FOR INDIVIDUALS WITH DISABILITIES

57c3b48daea092aeb47913146cc71823c8d47c70aa62e1dd1a219f1c0a4c5c81

ACCESS FOR INDIVIDUALS WITH DISABILITIES.
(a) In General.--The Secretary of Health and Human Services shall
make a payment to each eligible State and each eligible unit of local
government (as described in section 263).
(b) Use of Funds.--An eligible State and eligible unit of local
government shall use the payment received under this part for--
(1) making polling places, including the path of travel,
entrances, exits, and voting areas of each polling facility,
accessible to individuals with disabilities, including 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; and
(2) providing individuals with disabilities and the other
individuals described in paragraph (1) with information about the
accessibility of polling places, including outreach programs to
inform the individuals about the availability of accessible polling
places and training election officials, poll workers, and election
volunteers on how best to promote the access and participation of
individuals with disabilities in elections for Federal office.
(c) Schedule of Payments.--As soon as practicable after the date of
the enactment of this Act (but in no event later than 6 months
thereafter), and not less frequently than once each calendar year
thereafter, the Secretary shall make payments under this part.

f8428e266d380d6ad91d091c5d2a6a08516d4703e58c37394adcb58f2d1b2ac8

(a) In General.--The amount of a payment made to an eligible State
or an eligible unit of local government for a year under this part
shall be determined by the Secretary.
(b) Continuing Availability of Funds After Appropriation.--A
payment made to an eligible State or eligible unit of local government
under this part shall be available without fiscal year limitation.

622d5e14ee6b81bdfde93e65725c6ed3b9e8272471ba542558f17c9ed70517af

(a) Application.--Each State or unit of local government that
desires to receive a payment under this part for a fiscal year shall
submit an application for the payment to the Secretary at such time and
in such manner and containing such information as the Secretary shall
require.
(b) Contents of Application.--Each application submitted under
subsection (a) shall--
(1) describe the activities for which assistance under this
section is sought; and
(2) provide such additional information and certifications as
the Secretary determines to be essential to ensure compliance with
the requirements of this part.
(c) Protection Against Actions Based on Information in
Application.--
(1) In general.--No action may be brought under this Act
against a State or unit of local government on the basis of any
information contained in the application submitted under subsection
(a).
(2) Exception for criminal acts.--Paragraph (1) may not be
construed to limit the liability of a State or unit of local
government for criminal acts or omissions.

cf8b28b5f810412d9a2b9984b6a12a57da9a07a937cc0031ea244a6f4928a826

(a) In General.--There are authorized to be appropriated to carry
out the provisions of this part the following amounts:
(1) For fiscal year 2003, $50,000,000.
(2) For fiscal year 2004, $25,000,000.
(3) For fiscal year 2005, $25,000,000.
(b) Availability.--Any amounts appropriated pursuant to the
authority of subsection (a) shall remain available without fiscal year
limitation until expended.

47b894d7e1cce3fd96f61fb9e883bd3d5e40ce00d206901bb09131dbbb3860ce

(a) Reports by Recipients.--Not later than the 6 months after the
end of each fiscal year for which an eligible State or eligible unit of
local government received a payment under this part, the State or unit
shall submit a report to the Secretary on the activities conducted with
the funds provided during the year, and shall include in the report a
list of expenditures made with respect to each category of activities
described in section 261(b).
(b) Report by Secretary to Committees.--With respect to each fiscal
year for which the Secretary makes payments under this part, the
Secretary shall submit a report on the activities carried out under
this part to the Committee on House Administration of the House of
Representatives and the Committee on Rules and Administration of the
Senate.
PART 3--GRANTS FOR RESEARCH ON VOTING TECHNOLOGY IMPROVEMENTS

a0d9537b7896f4ffbd076a9751cdbc61988de38a015e95220b4a9d1f3789cb8c

(a) In General.--The Commission shall make grants to assist
entities in carrying out research and development to improve the
quality, reliability, accuracy, accessibility, affordability, and
security of voting equipment, election systems, and voting technology.
(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) certifications that the research and development funded
with the grant will take into account the need to make voting
equipment fully accessible for individuals with disabilities,
including the blind and visually impaired, the need to ensure that
such individuals can vote independently and with privacy, and the
need to provide alternative language accessibility for individuals
with limited proficiency in the English language (consistent with
the requirements of the Voting Rights Act of 1965); and
(2) such other information and certifications as the Commission
may require.
(c) Applicability of Regulations Governing Patent Rights in
Inventions Made With Federal Assistance.--Any invention made by the
recipient of a grant under this part using funds provided under this
part shall be subject to chapter 18 of title 35, United States Code
(relating to patent rights in inventions made with Federal assistance).
(d) Recommendation of Topics for Research.--
(1) In general.--The Director of the National Institute of
Standards and Technology (hereafter in this section referred to as
the ``Director'') shall submit to the Commission an annual list of
the Director's suggestions for issues which may be the subject of
research funded with grants awarded under this part during the
year.
(2) Review of grant applications received by commission.--The
Commission shall submit each application it receives for a grant
under this part to the Director, who shall review the application
and provide the Commission with such comments as the Director
considers appropriate.
(3) Monitoring and adjustment of grant activities at request of
commission.--After the Commission has awarded a grant under this
part, the Commission may request that the Director monitor the
grant, and (to the extent permitted under the terms of the grant as
awarded) the Director may recommend to the Commission that the
recipient of the grant modify and adjust the activities carried out
under the grant.
(4) Evaluation of grants at request of commission.--
(A) In general.--In the case of a grant for which the
Commission submits the application to the Director under
paragraph (2) or requests that the Director monitor the grant
under paragraph (3), the Director shall prepare and submit to
the Commission an evaluation of the grant and the activities
carried out under the grant.
(B) Inclusion in reports.--The Commission shall include the
evaluations submitted under subparagraph (A) for a year in the
report submitted for the year under section 207.
(e) Provision of Information on Projects.--The Commission may
provide to the Technical Guidelines Development Committee under part 3
of subtitle A such information regarding the activities funded under
this part as the Commission deems necessary to assist the Committee in
carrying out its duties.

106acec055282b7b7802db608d91ee89773542c7209465d69fe52af77c3fae3d

(a) In General.--Each entity which receives a grant under this part
shall submit to the Commission a report describing the activities
carried out with the funds provided under the grant.
(b) Deadline.--An entity shall submit a report required under
subsection (a) not later than 60 days after the end of the fiscal year
for which the entity received the grant which is the subject of the
report.

3e57406a309b1a871bf5235c5a14b46d874abfa6009c4db4c43889e5f2ec1719

(a) In General.--There are authorized to be appropriated for grants
under this part $20,000,000 for fiscal year 2003.
(b) Availability of Funds.--Amounts appropriated pursuant to the
authorization under this section shall remain available, without fiscal
year limitation, until expended.
PART 4--PILOT PROGRAM FOR TESTING OF EQUIPMENT AND TECHNOLOGY

b45dc7fbf631de8bd6753051fa2b1ecc2a0192350d8b359f01899a968894fba3

(a) In General.--The Commission shall make grants to carry out
pilot programs under which new technologies in voting systems and
equipment are tested and implemented on a trial basis so that the
results of such tests and trials are reported to Congress.
(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) certifications that the pilot programs funded with the
grant will take into account the need to make voting equipment
fully accessible for individuals with disabilities, including the
blind and visually impaired, the need to ensure that such
individuals can vote independently and with privacy, and the need
to provide alternative language accessibility for individuals with
limited proficiency in the English language (consistent with the
requirements of the Voting Rights Act of 1965 and the requirements
of this Act); and
(2) such other information and certifications as the Commission
may require.
(c) Recommendation of Topics for Pilot Programs.--
(1) In general.--The Director of the National Institute of
Standards and Technology (hereafter in this section referred to as
the ``Director'') shall submit to the Commission an annual list of
the Director's suggestions for issues which may be the subject of
pilot programs funded with grants awarded under this part during
the year.
(2) Review of grant applications received by commission.--The
Commission shall submit each application it receives for a grant
under this part to the Director, who shall review the application
and provide the Commission with such comments as the Director
considers appropriate.
(3) Monitoring and adjustment of grant activities at request of
commission.--After the Commission has awarded a grant under this
part, the Commission may request that the Director monitor the
grant, and (to the extent permitted under the terms of the grant as
awarded) the Director may recommend to the Commission that the
recipient of the grant modify and adjust the activities carried out
under the grant.
(4) Evaluation of grants at request of commission.--
(A) In general.--In the case of a grant for which the
Commission submits the application to the Director under
paragraph (2) or requests that the Director monitor the grant
under paragraph (3), the Director shall prepare and submit to
the Commission an evaluation of the grant and the activities
carried out under the grant.
(B) Inclusion in reports.--The Commission shall include the
evaluations submitted under subparagraph (A) for a year in the
report submitted for the year under section 207.
(d) Provision of Information on Projects.--The Commission may
provide to the Technical Guidelines Development Committee under part 3
of subtitle A such information regarding the activities funded under
this part as the Commission deems necessary to assist the Committee in
carrying out its duties.

0a2ba73b39b810717b103c73ab3b8e0cf851fbb71099a3d1ba04638e5a298fc4

(a) In General.--There are authorized to be appropriated for grants
under this part $10,000,000 for fiscal year 2003.
(b) Availability of Funds.--Amounts appropriated pursuant to the
authorization under this section shall remain available, without fiscal
year limitation, until expended.
PART 5--PROTECTION AND ADVOCACY SYSTEMS

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(a) In General.--In addition to any other payments made under this
subtitle, the Secretary of Health and Human Services shall pay the
protection and advocacy system (as defined in section 102 of the
Developmental Disabilities Assistance and Bill of Rights Act of 2000
(42 U.S.C. 15002)) of each State to ensure full participation in the
electoral process for individuals with disabilities, including
registering to vote, casting a vote and accessing polling places. In
providing such services, protection and advocacy systems shall have the
same general authorities as they are afforded under subtitle C of title
I of the Developmental Disabilities Assistance and Bill of Rights Act
of 2000 (42 U.S.C. 15041 et seq.).
(b) Minimum Grant Amount.--The minimum amount of each grant to a
protection and advocacy system shall be determined and allocated as set
forth in subsections (c)(3), (c)(4), (c)(5), (e), and (g) of section
509 of the Rehabilitation Act of 1973 (29 U.S.C. 794e), except that the
amount of the grants to systems referred to in subsections (c)(3)(B)
and (c)(4)(B) of that section shall be not less than $70,000 and
$35,000, respectively.
(c) Training and Technical Assistance Program.--
(1) In general.--Not later than 90 days after the date on which
the initial appropriation of funds for a fiscal year is made
pursuant to the authorization under section 292, the Secretary
shall set aside 7 percent of the amount appropriated under such
section and use such portion to make payments to eligible entities
to provide training and technical assistance with respect to the
activities carried out under this section.
(2) Use of funds.--A recipient of a payment under this
subsection may use the payment to support training in the use of
voting systems and technologies, and to demonstrate and evaluate
the use of such systems and technologies, by individuals with
disabilities (including blindness) in order to assess the
availability and use of such systems and technologies for such
individuals. At least one of the recipients under this subsection
shall use the payment to provide training and technical assistance
for nonvisual access.
(3) Eligibility.--An entity is eligible to receive a payment
under this subsection if the entity--
(A) is a public or private nonprofit entity with
demonstrated experience in voting issues for individuals with
disabilities;
(B) is governed by a board with respect to which the
majority of its members are individuals with disabilities or
family members of such individuals or individuals who are
blind; and
(C) submits to the Secretary an application at such time,
in such manner, and containing such information as the
Secretary may require.

3306568f738eead68db1d8749f680c6b409a41db22fc2c61f4a3847a5ed6d93a

(a) In General.--In addition to any other amounts authorized to be
appropriated under this subtitle, there are authorized to be
appropriated $10,000,000 for each of the fiscal years 2003, 2004, 2005,
and 2006, and for each subsequent fiscal year such sums as may be
necessary, for the purpose of making payments under section 291(a);
except that none of the funds provided by this subsection shall be used
to initiate or otherwise participate in any litigation related to
election-related disability access, notwithstanding the general
authorities that the protection and advocacy systems are otherwise
afforded under subtitle C of title I of the Developmental Disabilities
Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15041 et seq.).
(b) Availability.--Any amounts appropriated pursuant to the
authority of this section shall remain available until expended.
PART 6--NATIONAL STUDENT AND PARENT MOCK ELECTION

6b6b7c99d972ad6fff220cdd9d1f5719a9f7e7e78a32dfca380ce374a4d54664

(a) In General.--The Election Assistance Commission is authorized
to award grants to the National Student and Parent Mock Election, a
national nonprofit, nonpartisan organization that works to promote
voter participation in American elections to enable it to carry out
voter education activities for students and their parents. Such
activities may--
(1) include simulated national elections at least 5 days before
the actual election that permit participation by students and
parents from each of the 50 States in the United States, its
territories, the District of Columbia, and United States schools
overseas; and
(2) consist of--
(A) school forums and local cable call-in shows on the
national issues to be voted upon in an ``issues forum'';
(B) speeches and debates before students and parents by
local candidates or stand-ins for such candidates;
(C) quiz team competitions, mock press conferences, and
speech writing competitions;
(D) weekly meetings to follow the course of the campaign;
or
(E) school and neighborhood campaigns to increase voter
turnout, including newsletters, posters, telephone chains, and
transportation.
(b) Requirement.--The National Student and Parent Mock Election
shall present awards to outstanding student and parent mock election
projects.

f267c27b82d4f38c961671bef955f4b3d22e2765207514dc99d1713c733df274

There are authorized to be appropriated to carry out the provisions
of this subtitle $200,000 for fiscal year 2003 and such sums as may be
necessary for each of the 6 succeeding fiscal years.
ADMINISTRATION REQUIREMENTS
Subtitle A--Requirements

75a5d3908a29fd7dd284fe790ddb15cb8703184be984d6b25185e1cdcad2fe4f

(a) Requirements.--Each voting system used in an election for
Federal office shall meet the following requirements:
(1) In general.--
(A) Except as provided in subparagraph (B), the voting
system (including any lever voting system, optical scanning
voting system, or direct recording electronic system) shall--
(i) permit the voter to verify (in a private and
independent manner) the votes selected by the voter on the
ballot before the ballot is cast and counted;
(ii) provide the voter with the opportunity (in a
private and independent manner) to change the ballot or
correct any error before the ballot is cast and counted
(including the opportunity to correct the error through the
issuance of a replacement ballot if the voter was otherwise
unable to change the ballot or correct any error); and
(iii) if the voter selects votes for more than one
candidate for a single office--
(I) notify the voter that the voter has selected
more than one candidate for a single office on the
ballot;
(II) notify the voter before the ballot is cast and
counted of the effect of casting multiple votes for the
office; and
(III) provide the voter with the opportunity to
correct the ballot before the ballot is cast and
counted.
(B) A State or jurisdiction that uses a paper ballot voting
system, a punch card voting system, or a central count voting
system (including mail-in absentee ballots and mail-in
ballots), may meet the requirements of subparagraph (A)(iii)
by--
(i) establishing a voter education program specific to
that voting system that notifies each voter of the effect
of casting multiple votes for an office; and
(ii) providing the voter with instructions on how to
correct the ballot before it is cast and counted (including
instructions on how to correct the error through the
issuance of a replacement ballot if the voter was otherwise
unable to change the ballot or correct any error).
(C) The voting system shall ensure that any notification
required under this paragraph preserves the privacy of the
voter and the confidentiality of the ballot.
(2) Audit capacity.--
(A) In general.--The voting system shall produce a record
with an audit capacity for such system.
(B) Manual audit capacity.--
(i) The voting system shall produce a permanent paper
record with a manual audit capacity for such system.
(ii) The voting system shall provide the voter with an
opportunity to change the ballot or correct any error
before the permanent paper record is produced.
(iii) The paper record produced under subparagraph (A)
shall be available as an official record for any recount
conducted with respect to any election in which the system
is used.
(3) Accessibility for individuals with disabilities.--The
voting system shall--
(A) 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;
(B) satisfy the requirement of subparagraph (A) through the
use of at least one direct recording electronic voting system
or other voting system equipped for individuals with
disabilities at each polling place; and
(C) 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).
(4) Alternative language accessibility.--The voting system
shall provide alternative language accessibility pursuant to the
requirements of section 203 of the Voting Rights Act of 1965 (42
U.S.C. 1973aa-1a).
(5) Error rates.--The error rate of the voting system in
counting ballots (determined by taking into account only those
errors which are attributable to the voting system and not
attributable to an act of the voter) shall comply with the error
rate standards established under section 3.2.1 of the voting
systems standards issued by the Federal Election Commission which
are in effect on the date of the enactment of this Act.
(6) Uniform definition of what constitutes a vote.--Each State
shall adopt uniform and nondiscriminatory standards that define
what constitutes a vote and what will be counted as a vote for each
category of voting system used in the State.
(b) Voting System Defined.--In this section, the term ``voting
system'' means--
(1) 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 define ballots;
(B) to cast and count votes;
(C) to report or display election results; and
(D) to maintain and produce any audit trail information;
and
(2) the practices and associated documentation used--
(A) to identify system components and versions of such
components;
(B) to test the system during its development and
maintenance;
(C) to maintain records of system errors and defects;
(D) to determine specific system changes to be made to a
system after the initial qualification of the system; and
(E) to make available any materials to the voter (such as
notices, instructions, forms, or paper ballots).
(c) Construction.--
(1) In general.--Nothing in this section shall be construed to
prohibit a State or jurisdiction which used a particular type of
voting system in the elections for Federal office held in November
2000 from using the same type of system after the effective date of
this section, so long as the system meets or is modified to meet
the requirements of this section.
(2) Protection of paper ballot voting systems.--For purposes of
subsection (a)(1)(A)(i), the term ``verify'' may not be defined in
a manner that makes it impossible for a paper ballot voting system
to meet the requirements of such subsection or to be modified to
meet such requirements.
(d) Effective Date.--Each State and jurisdiction shall be required
to comply with the requirements of this section on and after January 1,
2006.

7af15a6b2ba337591db2aa53696bbc8e5cdf3ff386f0c67726b5c2109dcd1f59

(a) Provisional Voting Requirements.--If an individual declares
that such individual is a registered voter in the jurisdiction in which
the individual desires to vote and that the individual is eligible to
vote in an election for Federal office, but the name of the individual
does not appear on the official list of eligible voters for the polling
place or an election official asserts that the individual is not
eligible to vote, such individual shall be permitted to cast a
provisional ballot as follows:
(1) An election official at the polling place shall notify the
individual that the individual may cast a provisional ballot in
that election.
(2) The individual shall be permitted to cast a provisional
ballot at that polling place upon the execution of a written
affirmation by the individual before an election official at the
polling place stating that the individual is--
(A) a registered voter in the jurisdiction in which the
individual desires to vote; and
(B) eligible to vote in that election.
(3) An election official at the polling place shall transmit
the ballot cast by the individual or the voter information
contained in the written affirmation executed by the individual
under paragraph (2) to an appropriate State or local election
official for prompt verification under paragraph (4).
(4) If the appropriate State or local election official to whom
the ballot or voter information is transmitted under paragraph (3)
determines that the individual is eligible under State law to vote,
the individual's provisional ballot shall be counted as a vote in
that election in accordance with State law.
(5)(A) At the time that an individual casts a provisional
ballot, the appropriate State or local election official shall give
the individual written information that states that any individual
who casts a provisional ballot will be able to ascertain under the
system established under subparagraph (B) whether the vote was
counted, and, if the vote was not counted, the reason that the vote
was not counted.
(B) The appropriate State or local election official shall
establish a free access system (such as a toll-free telephone
number or an Internet website) that any individual who casts a
provisional ballot may access to discover whether the vote of that
individual was counted, and, if the vote was not counted, the
reason that the vote was not counted.
States described in section 4(b) of the National Voter Registration Act
of 1993 (42 U.S.C. 1973gg-2(b)) may meet the requirements of this
subsection using voter registration procedures established under
applicable State law. The appropriate State or local official shall
establish and maintain reasonable procedures necessary to protect the
security, confidentiality, and integrity of personal information
collected, stored, or otherwise used by the free access system
established under paragraph (5)(B). Access to information about an
individual provisional ballot shall be restricted to the individual who
cast the ballot.
(b) Voting Information Requirements.--
(1) Public posting on election day.--The appropriate State or
local election official shall cause voting information to be
publicly posted at each polling place on the day of each election
for Federal office.
(2) Voting information defined.--In this section, the term
``voting information'' means--
(A) a sample version of the ballot that will be used for
that election;
(B) information regarding the date of the election and the
hours during which polling places will be open;
(C) instructions on how to vote, including how to cast a
vote and how to cast a provisional ballot;
(D) instructions for mail-in registrants and first-time
voters under section 303(b);
(E) general information on voting rights under applicable
Federal and State laws, including information on the right of
an individual to cast a provisional ballot and instructions on
how to contact the appropriate officials if these rights are
alleged to have been violated; and
(F) general information on Federal and State laws regarding
prohibitions on acts of fraud and misrepresentation.
(c) Voters Who Vote After the Polls Close.--Any individual who
votes in an election for Federal office as a result of a Federal or
State court order or any other order extending the time established for
closing the polls by a State law in effect 10 days before the date of
that election may only vote in that election by casting a provisional
ballot under subsection (a). Any such ballot cast under the preceding
sentence shall be separated and held apart from other provisional
ballots cast by those not affected by the order.
(d) Effective Date for Provisional Voting and Voting Information.--
Each State and jurisdiction shall be required to comply with the
requirements of this section on and after January 1, 2004.

588cb43b202d5c5b24a13466b3858c1460d0e17cfe1fc3d7ac0aab57c977fbce

AND REQUIREMENTS FOR VOTERS WHO REGISTER BY MAIL.
(a) Computerized Statewide Voter Registration List Requirements.--
(1) Implementation.--
(A) In general.--Except as provided in subparagraph (B),
each State, acting through the chief State election official,
shall implement, in a uniform and nondiscriminatory manner, a
single, uniform, official, centralized, interactive
computerized statewide voter registration list defined,
maintained, and administered at the State level that contains
the name and registration information of every legally
registered voter in the State and assigns a unique identifier
to each legally registered voter in the State (in this
subsection referred to as the ``computerized list''), and
includes the following:
(i) The computerized list shall serve as the single
system for storing and managing the official list of
registered voters throughout the State.
(ii) The computerized list contains the name and
registration information of every legally registered voter
in the State.
(iii) Under the computerized list, a unique identifier
is assigned to each legally registered voter in the State.
(iv) The computerized list shall be coordinated with
other agency databases within the State.
(v) Any election official in the State, including any
local election official, may obtain immediate electronic
access to the information contained in the computerized
list.
(vi) All voter registration information obtained by any
local election official in the State shall be
electronically entered into the computerized list on an
expedited basis at the time the information is provided to
the local official.
(vii) The chief State election official shall provide
such support as may be required so that local election
officials are able to enter information as described in
clause (vi).
(viii) The computerized list shall serve as the
official voter registration list for the conduct of all
elections for Federal office in the State.
(B) Exception.--The requirement under subparagraph (A)
shall not apply to a State in which, under a State law in
effect continuously on and after the date of the enactment of
this Act, there is no voter registration requirement for
individuals in the State with respect to elections for Federal
office.
(2) Computerized list maintenance.--
(A) In general.--The appropriate State or local election
official shall perform list maintenance with respect to the
computerized list on a regular basis as follows:
(i) If an individual is to be removed from the
computerized list, such individual shall be removed in
accordance with the provisions of the National Voter
Registration Act of 1993 (42 U.S.C. 1973gg et seq.),
including subsections (a)(4), (c)(2), (d), and (e) of
section 8 of such Act (42 U.S.C. 1973gg-6).
(ii) For purposes of removing names of ineligible
voters from the official list of eligible voters--
(I) under section 8(a)(3)(B) of such Act (42 U.S.C.
1973gg-6(a)(3)(B)), the State shall coordinate the
computerized list with State agency records on felony
status; and
(II) by reason of the death of the registrant under
section 8(a)(4)(A) of such Act (42 U.S.C. 1973gg-
6(a)(4)(A)), the State shall coordinate the
computerized list with State agency records on death.
(iii) Notwithstanding the preceding provisions of this
subparagraph, if a State is described in section 4(b) of
the National Voter Registration Act of 1993 (42 U.S.C.
1973gg-2(b)), that State shall remove the names of
ineligible voters from the computerized list in accordance
with State law.
(B) Conduct.--The list maintenance performed under
subparagraph (A) shall be conducted in a manner that ensures
that--
(i) the name of each registered voter appears in the
computerized list;
(ii) only voters who are not registered or who are not
eligible to vote are removed from the computerized list;
and
(iii) duplicate names are eliminated from the
computerized list.
(3) Technological security of computerized list.--The
appropriate State or local official shall provide adequate
technological security measures to prevent the unauthorized access
to the computerized list established under this section.
(4) Minimum standard for accuracy of state voter registration
records.--The State election system shall include provisions to
ensure that voter registration records in the State are accurate
and are updated regularly, including the following:
(A) A system of file maintenance that makes a reasonable
effort to remove registrants who are ineligible to vote from
the official list of eligible voters. Under such system,
consistent with the National Voter Registration Act of 1993 (42
U.S.C. 1973gg et seq.), registrants who have not responded to a
notice and who have not voted in 2 consecutive general
elections for Federal office shall be removed from the official
list of eligible voters, except that no registrant may be
removed solely by reason of a failure to vote.
(B) Safeguards to ensure that eligible voters are not
removed in error from the official list of eligible voters.
(5) Verification of voter registration information.--
(A) Requiring provision of certain information by
applicants.--
(i) In general.--Except as provided in clause (ii),
notwithstanding any other provision of law, an application
for voter registration for an election for Federal office
may not be accepted or processed by a State unless the
application includes--
(I) in the case of an applicant who has been issued
a current and valid driver's license, the applicant's
driver's license number; or
(II) in the case of any other applicant (other than
an applicant to whom clause (ii) applies), the last 4
digits of the applicant's social security number.
(ii) Special rule for applicants without driver's
license or social security number.--If an applicant for
voter registration for an election for Federal office has
not been issued a current and valid driver's license or a
social security number, the State shall assign the
applicant a number which will serve to identify the
applicant for voter registration purposes. To the extent
that the State has a computerized list in effect under this
subsection and the list assigns unique identifying numbers
to registrants, the number assigned under this clause shall
be the unique identifying number assigned under the list.
(iii) Determination of validity of numbers provided.--
The State shall determine whether the information provided
by an individual is sufficient to meet the requirements of
this subparagraph, in accordance with State law.
(B) Requirements for state officials.--
(i) Sharing information in databases.--The chief State
election official and the official responsible for the
State motor vehicle authority of a State shall enter into
an agreement to match information in the database of the
statewide voter registration system with information in the
database of the motor vehicle authority to the extent
required to enable each such official to verify the
accuracy of the information provided on applications for
voter registration.
(ii) Agreements with commissioner of social security.--
The official responsible for the State motor vehicle
authority shall enter into an agreement with the
Commissioner of Social Security under section 205(r)(8) of
the Social Security Act (as added by subparagraph (C)).
(C) Access to federal information.--Section 205(r) of the
Social Security Act (42 U.S.C. 405(r)) is amended by adding at
the end the following new paragraph:
``(8)(A) The Commissioner of Social Security shall, upon the
request of the official responsible for a State driver's license agency
pursuant to the Help America Vote Act of 2002--
``(i) enter into an agreement with such official for the
purpose of verifying applicable information, so long as the
requirements of subparagraphs (A) and (B) of paragraph (3) are met;
and
``(ii) include in such agreement safeguards to assure the
maintenance of the confidentiality of any applicable information
disclosed and procedures to permit such agency to use the
applicable information for the purpose of maintaining its records.
``(B) Information provided pursuant to an agreement under this
paragraph shall be provided at such time, in such place, and in such
manner as the Commissioner determines appropriate.
``(C) The Commissioner shall develop methods to verify the accuracy
of information provided by the agency with respect to applications for
voter registration, for whom the last 4 digits of a social security
number are provided instead of a driver's license number.
``(D) For purposes of this paragraph--
``(i) the term `applicable information' means information
regarding whether--
``(I) the name (including the first name and any family
forename or surname), the date of birth (including the month,
day, and year), and social security number of an individual
provided to the Commissioner match the information contained in
the Commissioner's records, and
``(II) such individual is shown on the records of the
Commissioner as being deceased; and
``(ii) the term `State driver's license agency' means the State
agency which issues driver's licenses to individuals within the
State and maintains records relating to such licensure.
``(E) Nothing in this paragraph may be construed to require the
provision of applicable information with regard to a request for a
record of an individual if the Commissioner determines there are
exceptional circumstances warranting an exception (such as safety of
the individual or interference with an investigation).
``(F) Applicable information provided by the Commission pursuant to
an agreement under this paragraph or by an individual to any agency
that has entered into an agreement under this paragraph shall be
considered as strictly confidential and shall be used only for the
purposes described in this paragraph and for carrying out an agreement
under this paragraph. Any officer or employee or former officer or
employee of a State, or any officer or employee or former officer or
employee of a contractor of a State who, without the written authority
of the Commissioner, publishes or communicates any applicable
information in such individual's possession by reason of such
employment or position as such an officer, shall be guilty of a felony
and upon conviction thereof shall be fined or imprisoned, or both, as
described in section 208.''.
(D) Special rule for certain states.--In the case of a
State which is permitted to use social security numbers, and
provides for the use of social security numbers, on
applications for voter registration, in accordance with section
7 of the Privacy Act of 1974 (5 U.S.C. 552a note), the
provisions of this paragraph shall be optional.
(b) Requirements for Voters Who Register by Mail.--
(1) In general.--Notwithstanding section 6(c) of the National
Voter Registration Act of 1993 (42 U.S.C. 1973gg-4(c)) and subject
to paragraph (3), a State shall, in a uniform and nondiscriminatory
manner, require an individual to meet the requirements of paragraph
(2) if--
(A) the individual registered to vote in a jurisdiction by
mail; and
(B)(i) the individual has not previously voted in an
election for Federal office in the State; or
(ii) the individual has not previously voted in such an
election in the jurisdiction and the jurisdiction is located in
a State that does not have a computerized list that complies
with the requirements of subsection (a).
(2) Requirements.--
(A) In general.--An individual meets the requirements of
this paragraph if the individual--
(i) in the case of an individual who votes in person--
(I) presents to the appropriate State or local
election official a current and valid photo
identification; or
(II) presents to the appropriate State or local
election official a copy of a current utility bill,
bank statement, government check, paycheck, or other
government document that shows the name and address of
the voter; or
(ii) in the case of an individual who votes by mail,
submits with the ballot--
(I) a copy of a current and valid photo
identification; or
(II) a copy of a current utility bill, bank
statement, government check, paycheck, or other
government document that shows the name and address of
the voter.
(B) Fail-safe voting.--
(i) In person.--An individual who desires to vote in
person, but who does not meet the requirements of
subparagraph (A)(i), may cast a provisional ballot under
section 302(a).
(ii) By mail.--An individual who desires to vote by
mail but who does not meet the requirements of subparagraph
(A)(ii) may cast such a ballot by mail and the ballot shall
be counted as a provisional ballot in accordance with
section 302(a).
(3) Inapplicability.--Paragraph (1) shall not apply in the case
of a person--
(A) who registers to vote by mail under section 6 of the
National Voter Registration Act of 1993 (42 U.S.C. 1973gg-4)
and submits as part of such registration either--
(i) a copy of a current and valid photo identification;
or
(ii) a copy of a current utility bill, bank statement,
government check, paycheck, or government document that
shows the name and address of the voter;
(B)(i) who registers to vote by mail under section 6 of the
National Voter Registration Act of 1993 (42 U.S.C. 1973gg-4)
and submits with such registration either--
(I) a driver's license number; or
(II) at least the last 4 digits of the individual's
social security number; and
(ii) with respect to whom a State or local election
official matches the information submitted under clause (i)
with an existing State identification record bearing the same
number, name and date of birth as provided in such
registration; or
(C) who is--
(i) entitled to vote by absentee ballot under the
Uniformed and Overseas Citizens Absentee Voting Act (42
U.S.C. 1973ff-1 et seq.);
(ii) provided the right to vote otherwise than in
person under section 3(b)(2)(B)(ii) of the Voting
Accessibility for the Elderly and Handicapped Act (42
U.S.C. 1973ee-1(b)(2)(B)(ii)); or
(iii) entitled to vote otherwise than in person under
any other Federal law.
(4) Contents of mail-in registration form.--
(A) In general.--The mail voter registration form developed
under section 6 of the National Voter Registration Act of 1993
(42 U.S.C. 1973gg-4) shall include the following:
(i) The question ``Are you a citizen of the United
States of America?'' and boxes for the applicant to check
to indicate whether the applicant is or is not a citizen of
the United States.
(ii) The question ``Will you be 18 years of age on or
before election day?'' and boxes for the applicant to check
to indicate whether or not the applicant will be 18 years
of age or older on election day.
(iii) The statement ``If you checked `no' in response
to either of these questions, do not complete this form.''.
(iv) A statement informing the individual that if the
form is submitted by mail and the individual is registering
for the first time, the appropriate information required
under this section must be submitted with the mail-in
registration form in order to avoid the additional
identification requirements upon voting for the first time.
(B) Incomplete forms.--If an applicant for voter
registration fails to answer the question included on the mail
voter registration form pursuant to subparagraph (A)(i), the
registrar shall notify the applicant of the failure and provide
the applicant with an opportunity to complete the form in a
timely manner to allow for the completion of the registration
form prior to the next election for Federal office (subject to
State law).
(5) Construction.--Nothing in this subsection shall be
construed to require a State that was not required to comply with a
provision of the National Voter Registration Act of 1993 (42 U.S.C.
1973gg et seq.) before the date of the enactment of this Act to
comply with such a provision after such date.
(c) Permitted Use of Last 4 Digits of Social Security Numbers.--The
last 4 digits of a social security number described in subsections
(a)(5)(A)(i)(II) and (b)(3)(B)(i)(II) shall not be considered to be a
social security number for purposes of section 7 of the Privacy Act of
1974 (5 U.S.C. 552a note).
(d) Effective Date.--
(1) Computerized statewide voter registration list
requirements.--
(A) In general.--Except as provided in subparagraph (B),
each State and jurisdiction shall be required to comply with
the requirements of subsection (a) on and after January 1,
2004.
(B) Waiver.--If a State or jurisdiction certifies to the
Commission not later than January 1, 2004, that the State or
jurisdiction will not meet the deadline described in
subparagraph (A) for good cause and includes in the
certification the reasons for the failure to meet such
deadline, subparagraph (A) shall apply to the State or
jurisdiction as if the reference in such subparagraph to
``January 1, 2004'' were a reference to ``January 1, 2006''.
(2) Requirement for voters who register by mail.--
(A) In general.--Each State and jurisdiction shall be
required to comply with the requirements of subsection (b) on
and after January 1, 2004, and shall be prepared to receive
registration materials submitted by individuals described in
subparagraph (B) on and after the date described in such
subparagraph.
(B) Applicability with respect to individuals.--The
provisions of subsection (b) shall apply to any individual who
registers to vote on or after January 1, 2003.

b1c07891877ce0a0c2497db9226d7d6b2e4834a943334469c9168fe198135be3

The requirements established by this title are minimum requirements
and nothing in this title shall be construed to prevent a State from
establishing election technology and administration requirements that
are more strict than the requirements established under this title so
long as such State requirements are not inconsistent with the Federal
requirements under this title or any law described in section 906.

6bda21df73585bd16aa6ca0331bf307a4fd2d0b7b369b4994cd932c344ece34d

The specific choices on the methods of complying with the
requirements of this title shall be left to the discretion of the
State.
Subtitle B--Voluntary Guidance

ff324324083e0e4e7207cf5397210647ff33686fbfd5e9b495648fc28eba73d2

(a) In General.--To assist States in meeting the requirements of
subtitle A, the Commission shall adopt voluntary guidance consistent
with such requirements in accordance with the procedures described in
section 312.
(b) Deadlines.--The Commission shall adopt the recommendations
under this section not later than--
(1) in the case of the recommendations with respect to section
301, January 1, 2004;
(2) in the case of the recommendations with respect to section
302, October 1, 2003; and
(3) in the case of the recommendations with respect to section
303, October 1, 2003.
(c) Quadrennial Update.--The Commission shall review and update
recommendations adopted with respect to section 301 no less frequently
than once every 4 years.

5d47ab2db69bf3df2e30506feef8ce48f444016ad33ad8bb6bcfdba2ee71999c

The adoption of the voluntary guidance under this subtitle shall be
carried out by the Commission in a manner that provides for each of the
following:
(1) Publication of notice of the proposed recommendations in
the Federal Register.
(2) An opportunity for public comment on the proposed
recommendations.
(3) An opportunity for a public hearing on the record.
(4) Publication of the final recommendations in the Federal
Register.

5d0215b991ab15ba5b9ffa67a42dea5abc4453194af2cc856485fa727f38427a

INJUNCTIVE RELIEF.
The Attorney General may bring a civil action against any State or
jurisdiction in an appropriate United States District Court for such
declaratory and injunctive relief (including a temporary restraining
order, a permanent or temporary injunction, or other order) as may be
necessary to carry out the uniform and nondiscriminatory election
technology and administration requirements under sections 301, 302, and
303.

e42b7ef402a3a0ca651b0f9a0d67298d6dd2e4f2c011bb7985c7a7a18d477d22

PROCEDURES TO REMEDY GRIEVANCES.
(a) Establishment of State-Based Administrative Complaint
Procedures To Remedy Grievances.--
(1) Establishment of procedures as condition of receiving
funds.--If a State receives any payment under a program under this
Act, the State shall be required to establish and maintain State-
based administrative complaint procedures which meet the
requirements of paragraph (2).
(2) Requirements for procedures.--The requirements of this
paragraph are as follows:
(A) The procedures shall be uniform and nondiscriminatory.
(B) Under the procedures, any person who believes that
there is a violation of any provision of title III (including a
violation which has occurred, is occurring, or is about to
occur) may file a complaint.
(C) Any complaint filed under the procedures shall be in
writing and notarized, and signed and sworn by the person
filing the complaint.
(D) The State may consolidate complaints filed under
subparagraph (B).
(E) At the request of the complainant, there shall be a
hearing on the record.
(F) If, under the procedures, the State determines that
there is a violation of any provision of title III, the State
shall provide the appropriate remedy.
(G) If, under the procedures, the State determines that
there is no violation, the State shall dismiss the complaint
and publish the results of the procedures.
(H) The State shall make a final determination with respect
to a complaint prior to the expiration of the 90-day period
which begins on the date the complaint is filed, unless the
complainant consents to a longer period for making such a
determination.
(I) If the State fails to meet the deadline applicable
under subparagraph (H), the complaint shall be resolved within
60 days under alternative dispute resolution procedures
established for purposes of this section. The record and other
materials from any proceedings conducted under the complaint
procedures established under this section shall be made
available for use under the alternative dispute resolution
procedures.
(b) Requiring Attorney General Approval of Compliance Plan for
States Not Receiving Funds.--
(1) In general.--Not later than January 1, 2004, each
nonparticipating State shall elect--
(A) to certify to the Commission that the State meets the
requirements of subsection (a) in the same manner as a State
receiving a payment under this Act; or
(B) to submit a compliance plan to the Attorney General
which provides detailed information on the steps the State will
take to ensure that it meets the requirements of title III.
(2) States without approved plan deemed out of compliance.--A
nonparticipating State (other than a State which makes the election
described in paragraph (1)(A)) shall be deemed to not meet the
requirements of title III if the Attorney General has not approved
a compliance plan submitted by the State under this subsection.
(3) Nonparticipating state defined.--In this section, a
``nonparticipating State'' is a State which, during 2003, does not
notify any office which is responsible for making payments to
States under any program under this Act of its intent to
participate in, and receive funds under, the program.

27735d63275bce09b9c10ec68acaa2a427cc66fae861109737d2cd3768f22635

Election Reform bill — HR. 3295

Other Sections

TITLE I

TITLE II

TITLE III

TITLE IV

TITLE VII

TITLE VIII

TITLE IX

TITLE I

TITLE V

TITLE VI

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