Sec. 202. Requiring use of software and hardware for which information is disclosed by manufacturer
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Section 301(a) of the Help America Vote Act of 2002 ( 52 U.S.C. 21081(a) ), as amended by sections 104 and 105, is amended by adding at the end the following new paragraph: In the operation of voting systems in an election for Federal office, a State may only use software for which the manufacturer makes the source code (in the form in which will be used at the time of the election) publicly available online under a license that grants a worldwide, royalty-free, non-exclusive, perpetual, sub-licensable license to all intellectual property rights in such source code, except that the manufacturer may prohibit a person who obtains the software from using the software in a manner that is primarily intended for or directed toward commercial advantage or private monetary compensation that is unrelated to carrying out legitimate research or cybersecurity activity.
Clause
(i)does not apply with respect to— widely-used operating system software which is not specific to voting systems and for which the source code or baseline functionality is not altered; or widely-used cybersecurity software which is not specific to voting systems and for which the source code or baseline functionality is not altered. A State may not use a voting system in an election for Federal office unless the manufacturer of the system publicly discloses online the identification of the hardware used to operate the system. To the extent that the hardware used to operate a voting system or any component thereof is not widely-used, or is widely-used but is altered, the State may not use the system in an election for Federal office unless— the manufacturer of the system publicly discloses online the components of the hardware, the design of such components, and how such components are connected in the operation of the system; and the manufacturer makes the design (in the form which will be used at the time of the election) publicly available online under a license that grants a worldwide, royalty-free, non-exclusive, perpetual, sub-licensable license to all intellectual property rights in the design of the hardware or the component, except that the manufacturer may prohibit a person who obtains the design from using the design in a manner that is primarily intended for or directed toward commercial advantage or private monetary compensation that is unrelated to carrying out legitimate research or cybersecurity activity. . The amendment made by subsection
(a)shall apply with respect to elections for Federal office held in 2020 or any succeeding year.
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Sec. 202
Requiring use of software and hardware for which information is disclosed by manufacturer
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