Sec. 604. Availability of additional funding to enable States to meet costs of revised requirements
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Section 257(a) of the Help America Vote Act of 2002 ( 42 U.S.C. 15407(a) ) is amended by adding at the end the following new paragraph: For fiscal year 2018, the sum of— $1,000,000,000, except that any funds provided under the authorization made by this subparagraph shall be used by a State only to meet the requirements of title III which are first imposed on the State pursuant to the amendments made by title I of the Voter Confidence and Increased Accessibility Act of 2013, or to otherwise modify or replace its voting systems in response to such amendments; plus such sums as may be necessary to enable States to carry out the activities described in subparagraph
(A)with respect to requirements which first apply to elections for Federal office held after in November 2020, except that any funds provided under the authorization made by this subparagraph shall be used by a State only for carrying out these activities. . Section 252(b) of such Act ( 42 U.S.C. 15402(b) ) is amended to read as follows: Except as provided in paragraph (2), the State allocation percentage for a State is the amount (expressed as a percentage) equal to the quotient of— the voting age population of the State (as reported in the most recent decennial census); and the total voting age population of all States (as reported in the most recent decennial census). In the case of the requirements payment made to a State under the authorization made by section 257(a)(5) for fiscal year 2018 or any fiscal year thereafter, the State allocation percentage for a State is the amount (expressed as a percentage) equal to the quotient of— the sum of the number of noncompliant precincts in the State and 50 percent of the number of partially noncompliant precincts in the State; and the sum of the number of noncompliant precincts in all States and 50 percent of the number of partially noncompliant precincts in all States. In this paragraph, a noncompliant precinct means any precinct (or equivalent location) within a State for which the voting system used to administer the regularly scheduled general election for Federal office held in November 2016 did not meet either of the requirements described in subparagraph (D). In this paragraph, a partially noncompliant precinct means any precinct (or equivalent location) within a State for which the voting system used to administer the regularly scheduled general election for Federal office held in November 2016 met only one of the requirements described in subparagraph (D). The requirements described in this subparagraph with respect to a voting system are as follows: The primary voting system required the use of durable paper ballots (as described in section 301(a)(2)(A)(i)(I) and 301(a)(11)(A), as amended or added by the Voter Confidence and Increased Accessibility Act of 2013) for every vote cast. The voting system allowed the voter to privately and independently verify the permanent paper ballot through the presentation of the same printed or marked information used for vote counting and auditing and to privately and independently cast the permanent paper ballot without handling the ballot manually. . Section 253 of such Act ( 42 U.S.C. 15403 ) is amended— in subsection (a), by striking A State is eligible and inserting Except as provided in subsection (f), a State is eligible ; and by adding at the end the following new subsection: Notwithstanding any other provision of this part, a State is eligible to receive a requirements payment under the authorization made by section 257(a)(5) for fiscal year 2018 or any fiscal year thereafter if, not later than 90 days after the date of the enactment of the Voter Confidence and Increased Accessibility Act of 2013, the chief executive officer of the State, or designee, in consultation and coordination with the chief State election official— certifies to the Commission the number of noncompliant and partially noncompliant precincts in the State (as defined in section 252(b)(2)); certifies to the Commission that the State will reimburse each unit of local government in the State for any costs the unit incurs in carrying out the activities for which the payment may be used; and files a statement with the Commission describing the State’s need for the payment and how the State will use the payment to meet the requirements of title III (in accordance with the limitations applicable to the use of the payment under section 257(a)(5)). In the case of a State that requires State legislation to carry out any 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. . Section 251(c)(1) of such Act ( 42 U.S.C. 15401(c)(1) ) is amended by striking the period at the end and inserting the following: , or as a reimbursement for any costs incurred after November 2016 in meeting the requirements of title III which are imposed pursuant to the amendments made by title I of the Voter Confidence and Increased Accessibility Act of 2013 or in otherwise upgrading or replacing voting systems in a manner consistent with such amendments (so long as the voting systems meet any of the requirements that apply with respect to elections for Federal office held in 2020 and each succeeding year). . Nothing in the amendments made by this section or in any other provision of the Help America Vote Act of 2002 may be construed to prohibit a State which received or was authorized to receive a payment under title I or II of such Act for replacing punch card, lever, or other voting machines from receiving or using any funds which are made available under the amendments made by this section. Nothing contained in this Act or the Help America Vote Act of 2002 may be construed to prohibit a State from using funds received under title I or II of the Help America Vote Act of 2002 to purchase or acquire by other means a voting system that meets the requirements of paragraphs
(2)and
(3)of section 301 of the Help America Vote Act of 2002 (as amended by this Act) in order to replace voting systems purchased with funds received under the Help America Vote Act of 2002 that do not meet such requirements. The requirements of subparagraphs (A), (B), and
(C)of section 254(a)(11) of the Help America Vote Act of 2002 shall not apply to any State using funds received under such Act for the purposes described in subparagraph
(A)or
(B)of paragraph (1). The amendments made by this section shall apply with respect to fiscal years beginning with fiscal year 2018.
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Sec. 604
Availability of additional funding to enable States to meet costs of revised requirements
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