Sec. 605. Effective date for new requirements
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Section 301(d) of the Help America Vote Act of 2002 ( 42 U.S.C. 15481(d) ) is amended to read as follows: Except as provided in paragraph (2), each State and jurisdiction shall be required to comply with the requirements of this section on and after January 1, 2006. Except as provided in subparagraphs
(B)and (C), the requirements of this section which are first imposed on a State and jurisdiction pursuant to the amendments made by title I of the Voter Confidence and Increased Accessibility Act of 2013 shall apply with respect to voting systems used for any election for Federal office held in 2018 or any succeeding year. In the case of a jurisdiction described in clause (ii), subparagraph
(A)shall apply to a voting system in the jurisdiction as if the reference in such subparagraph to 2018 were a reference to 2020 , but only with respect to the following requirements of this section: Paragraph (2)(A)(i)(I) of subsection
(a)(relating to the use of voter-marked paper ballots). Paragraph (3)(B)(ii)
(I)and
(II)of subsection
(a)(relating to access to verification from and casting of the durable paper ballot). Paragraph
(11)of subsection
(a)(relating to durability and readability requirements for ballots). A jurisdiction described in this clause is a jurisdiction— which used voter verifiable paper record printers attached to direct recording electronic voting machines, or which used other voting systems that used or produced paper records of the vote verifiable by voters but that are not in compliance with paragraphs (2)(A)(i)(I), (3)(B)(ii)
(I)and (II), and
(11)of subsection
(a)(as amended or added by the Voter Confidence and Increased Accessibility Act of 2013), for the administration of the regularly scheduled general election for Federal office held in November 2016; and which will continue to use such printers or systems for the administration of elections for Federal office held in years before 2020. The appropriate election official at each polling place that uses a printer or system described in clause (ii)(I) for the administration of elections for Federal office shall offer each individual who is eligible to cast a vote in the election at the polling place the opportunity to cast the vote using a blank pre-printed paper ballot which the individual may mark by hand and which is not produced by the direct recording electronic voting machine or other such system. The official shall provide the individual with the ballot and the supplies necessary to mark the ballot, and shall ensure (to the greatest extent practicable) that the waiting period for the individual to cast a vote is the lesser of 30 minutes or the average waiting period for an individual who does not agree to cast the vote using such a paper ballot under this clause. Any paper ballot which is cast by an individual under this clause shall be counted and otherwise treated as a regular ballot for all purposes (including by incorporating it into the final unofficial vote count (as defined by the State) for the precinct) and not as a provisional ballot, unless the individual casting the ballot would have otherwise been required to cast a provisional ballot. The appropriate election official shall ensure there is prominently displayed at each polling place a notice that describes the obligation of the official to offer individuals the opportunity to cast votes using a pre-printed blank paper ballot. The chief State election official shall ensure that election officials at polling places in the State are aware of the requirements of this clause, including the requirement to display a notice under subclause (III), and are aware that it is a violation of the requirements of this title for an election official to fail to offer an individual the opportunity to cast a vote using a blank pre-printed paper ballot. The requirements of this clause apply only during the period in which the delay is in effect under clause (i). In the case of a jurisdiction which uses a nontabulating ballot marking device which automatically deposits the ballot into a privacy sleeve, subparagraph
(A)shall apply to a voting system in the jurisdiction as if the reference in such subparagraph to any election for Federal office held in 2018 or any succeeding year were a reference to elections for Federal office occurring held in 2020 or each succeeding year , but only with respect to paragraph (3)(B)(ii)(II) of subsection
(a)(relating to nonmanual casting of the durable paper ballot). .
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Sec. 605
Effective date for new requirements
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