Sec. 5. Risk-limiting audits
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Title III of the Help America Vote Act of 2002 ( 52 U.S.C. 21081 et seq.) is amended by inserting after section 303 the following new section: In this section: The term risk-limiting audit means a post-election process such that, if the reported outcome of the contest is incorrect, there is at least a 95 percent chance that the audit will replace the incorrect outcome with the correct outcome as determined by a full, hand-to-eye tabulation of all votes validly cast in that election contest that ascertains voter intent manually and directly from voter-verifiable paper records.
The term reported outcome means the outcome of an election contest which is determined according to the canvass and which will become the official, certified outcome unless it is revised by an audit, recount, or other legal process. The term incorrect outcome means an outcome that differs from the outcome that would be determined by a full tabulation of all votes validly cast in that election contest, determining voter intent manually, directly from voter-verifiable paper records.
The term outcome means the winner or set of winners of an election contest, which might be candidates or positions. The term ballot manifest means a record maintained by each county that— is created without reliance on any part of the voting system used to tabulate votes; functions as a sampling frame for conducting a risk-limiting audit; and contains the following information about ballots cast and counted: The total number of ballots cast and counted in the election (including undervotes, overvotes, and other invalid votes).
The total number of ballots cast in each contest in the election (including undervotes, overvotes, and other invalid votes). A precise description of the manner in which the ballots are physically stored, including the total number of physical groups of ballots, the numbering system for each group, a unique label for each group, and the number of ballots in each such group. Each State and jurisdiction shall administer risk-limiting audits of the results of all elections for Federal office held in the State in accordance with the requirements of paragraph (2).
If a risk-limiting audit conducted under subparagraph
(A)leads to a full manual tally of an election contest, the State or jurisdiction shall use the results of the full manual tally as the official results of the election contest. Risk-limiting audits shall be conducted in accordance with the rules and procedures established by the chief State election official of the State not later than 1 year after the date of the enactment of this section. The rules and procedures established under clause
(i)may include the following: Rules for ensuring the security of ballots and documenting that prescribed procedures were followed. Rules and procedures for ensuring the accuracy of ballot manifests produced by jurisdictions. Rules and procedures for governing the format of ballot manifests, cast vote records, and other data involved in risk-limiting audits. Methods to ensure that any cast vote records used in a risk-limiting audit are those used by the voting system to tally the election results sent to the Secretary of State and made public. Procedures for the random selection of ballots to be inspected manually during each audit. Rules for the calculations and other methods to be used in the audit and to determine whether and when the audit of each contest is complete. Procedures and requirements for testing any software used to conduct risk-limiting audits. The risk-limiting audit shall be completed not later than the date that the result of the election is certified by the State. After the completion of the risk-limiting audit, the State shall publish a report on the results of the audit, together with such information as necessary to confirm that the audit was conducted properly. Each State and jurisdiction shall be required to comply with the requirements of this section for the regularly scheduled election for Federal office in November 2020, and for each subsequent election for Federal office. . Section 401 of such Act ( 52 U.S.C. 21111 ) is amended by striking and 303 and inserting 303, and 303A . The table of contents for such Act is amended by inserting after the item relating to section 303 the following new item: Sec. 303A. Risk-limiting audits. .
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