Sec. 5. Financial assistance to States
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Subtitle D of title II of the Help America Vote Act of 2002 ( 52 U.S.C. 21001 et seq.) is amended by adding at the end the following new part: Not later than 45 days after the date of the enactment of this part, the Commission shall establish a program under which the Commission shall make a payment under this part to each eligible State. A State shall use the funds provided under a payment under this section to replace nonqualified voting systems with a voting system that— uses optical scanning devices that meet the requirements of section 301(a)(7) to read and tabulate votes; is capable of facilitating the requirements for risk-limiting audits under section 303A; and meets such minimum security standards as established by the Director of Cybersecurity and Infrastructure Security under section 2215 of the Homeland Security Act.
A State may not use the funds provided under a payment made under this section to acquire any electronic device that a voter can use to mark a paper ballot. A State receiving a payment under the program under this section shall ensure that all nonqualified voting systems in the eligible State have been replaced before the first regularly scheduled general election for Federal office held more than 1 year after the date of the enactment of the Protecting American Votes and Elections Act of 2019 .
For purposes of this section, the term eligible State means any State that— has precincts within the State that used a nonqualified voting system to record votes in the regularly scheduled general election for Federal office held in November 2018; and submits to the Commission a notice not later than the date that is 6 months after the date of the enactment of this part (in such form as the Commission may require) that contains— an estimate of the cost of replacing nonqualified voting systems within the State with voting systems described in subsection (b); certifications that the State will use the payment to replace such nonqualified voting systems by the deadline described in subsection (c); certifications that the State will continue to comply with the laws described in section 906; certifications that the replacement voting systems will meet the requirements of subsection (b); and such other information and certifications as the Commission may require which are necessary for the administration of the program.
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. The amount of funds provided to a State under a payment under this section shall be equal to the product obtained by multiplying— the lesser of— total amount appropriated for payments pursuant to the authorization under subsection (g); or the total amount of costs estimated by all eligible States on the notices submitted under subsection (d)(1)(B)(i); by the State allocation percentage for the eligible State (as determined under paragraph (2)).
The State allocation percentage for any eligible State is the amount (expressed as a percentage) equal to the quotient obtained by dividing— the total voting age population of all eligible States (as reported in the most recent decennial census); by the voting age population of the eligible State (as reported in the most recent decennial census). For purposes of this section, the term nonqualified voting system means any voting system that does not use individual, durable, voter-verifiable paper ballots meeting the requirements of section 301(a)(2) (other than for purposes of meeting the accessibility requirements of section 301(a)(3)).
There is authorized to be appropriated to the Commission to carry out this section $500,000,000 for fiscal year 2019. In addition to the amounts authorized under paragraph (1), there are authorized to be appropriated to the Commission such sums as may be necessary to administer the programs under this part. The Commission shall pay to States the amount of eligible accessible ballot marking device costs. For purposes of this section, the term eligible accessible ballot marking device costs means costs paid or incurred by a State or local government to acquire an accessible ballot marking device.
For purposes of this section, the term accessible ballot marking device means a ballot marking device that is used by the State or local government exclusively to comply with the requirements of section 301(a)(3) (as applied to elections for Federal office occurring after the date that is 6 years after the date of the enactment of the Protecting American Votes and Elections Act of 2019 ). Except as provided in subparagraph (B), the Commission shall not pay eligible accessible ballot marking device costs with respect to more than 1 accessible ballot marking device in any precinct.
The Commission may pay for more than 1 accessible ballot marking device in any precinct if the State demonstrates the need for more accessible ballot marking devices in such precinct due to the number of voters with disabilities voting in such precinct compared to other precincts. The Commission shall establish rules and procedures for submission of eligible accessible ballot marking device costs for payments under this section. In any case in which the amounts appropriated under subsection
(d)are insufficient to pay all eligible accessible ballot marking device costs submitted by States with respect to any Federal election, the amount of such costs paid under subsection
(a)to any State shall be equal to the amount that bears the same ratio to the amount which would be paid to such State (determined without regard to this paragraph) as— the number of individuals who voted in such Federal election in such State; bears to the total number of individuals who voted in such Federal election in all States submitting a claim for eligible accessible ballot marking device costs. There is hereby authorized to be appropriated to the Commission to carry out this section $250,000,000 for fiscal years 2019 through 2025. Any amounts appropriated pursuant to paragraph
(1)shall remain available without fiscal year limitation until expended. The Commission shall pay to States the amount of eligible ballot design and printing costs. For purposes of this section, the term eligible ballot design and printing costs means, with respect to any State, costs paid or incurred by the State or any local government within the State for the design and printing of any ballot that— is used in an election for Federal office occurring after the date of the enactment of this part; and meets such minimum standards for usability and accessibility as established by the Commission, in consultation with the Director of the National Institute of Standards and Technology, for purposes of this section. The Commission shall establish rules and procedures for submission of eligible ballot design and printing costs for payments under this section. In any case in which the amounts appropriated under subsection
(d)are insufficient to pay all eligible ballot design and printing costs submitted by States with respect to any Federal election, the amount of such costs paid under subsection
(a)to any State shall be equal to the amount that bears the same ratio to the amount which would be paid to such State (determined without regard to this paragraph) as— the number of individuals who voted in such Federal election in such State; bears to the total number of individuals who voted in such Federal election in all States submitting a claim for eligible ballot design and printing costs. There is hereby authorized to be appropriated to the Commission such sums as are necessary to carry out this part. Any amounts appropriated pursuant to paragraph
(1)shall remain available without fiscal year limitation until expended. The Commission shall pay to States the amount of eligible post-election audit costs. For purposes of this section, the term eligible post-election audit costs means, with respect to any State, costs paid or incurred by the State or local government within the State for— the conduct of any risk-limiting audit (as defined in section 303A) with respect to an election for Federal office occurring after the date of the enactment of this part; and any equipment, software, or services necessary for the conduct of any such risk-limiting audit. The Commission shall establish rules and procedures for submission of eligible post-election audit costs for payments under this section. In any case in which the amounts appropriated under subsection
(d)are insufficient to pay all eligible post-election audit costs submitted by States with respect to any Federal election, the amount of such costs paid under subsection
(a)to any State shall be equal to the amount that bears the same ratio to the amount which would be paid to such State (determined without regard to this paragraph) as— the number of individuals who voted in such Federal election in such State; bears to the total number of individuals who voted in such Federal election in all States submitting a claim for eligible post-election audit costs. There is hereby authorized to be appropriated to the Commission such sums as are necessary to carry out this part. Any amounts appropriated pursuant to paragraph
(1)shall remain available without fiscal year limitation until expended. . The table of contents for the Help America Vote Act of 2002 ( 52 U.S.C. 30101 et seq.) is amended by inserting after the item related to section 296 the following: Part 7—Payments to States for replacement voting devices Sec. 297. Replacement of paperless voting systems. Sec. 297A. Acquisition of accessible ballot marking devices for voters with disabilities. Part 8—Funding for ballot design and printing Sec. 298. Payments for ballot design and printing. Part 9—Funding for post-Election risk-Limiting audits Sec. 299. Payments for post-election risk-limiting audits. . Section 291(b) of the Help America Vote Act of 2002 ( 52 U.S.C. 21061(b) ) is amended— by striking as set forth in subsections (c)(3) and inserting as set forth in subsections (c)(1)(B) (regardless of the fiscal year), (c)(3) ; and by striking except that and all that follows and inserting except that the amount of the grants to systems referred to in subsection (c)(3)(B) of that section shall not be less than $70,000 and the amount of the grants to systems referred to in subsections (c)(1)(B) and (c)(4)(B) of that section shall not be less than $35,000. .
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