Sec. 3011. Grants to States for conducting risk-limiting audits of results of elections
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Subtitle D of title II of the Help America Vote Act of 2002 ( 52 U.S.C. 21001 et seq.), as amended by sections 1905(a) and 3001(a), is amended by adding at the end the following new part: The Commission shall make a grant to each eligible State to conduct risk-limiting audits as described in subsection
(b)with respect to the regularly scheduled general elections for Federal office held in November 2020 and each succeeding election for Federal office. In this part, a risk-limiting audit is a post-election process— which is conducted in accordance with rules and procedures established by the chief State election official of the State which meet the requirements of subsection (c); and under which, if the reported outcome of the election is incorrect, there is at least a predetermined percentage 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 that ascertains voter intent manually and directly from voter-verifiable paper records. The rules and procedures established for conducting a risk-limiting audit shall include the following elements: 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 election agencies. Rules and procedures for governing the format of ballot manifests, cast vote records, and other data involved in the audit. Methods to ensure that any cast vote records used in the audit are those used by the voting system to tally the election results sent to the chief State election official 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 an election is complete. Procedures and requirements for testing any software used to conduct risk-limiting audits. In this part, the following definitions apply: The term ballot manifest means a record maintained by each election agency that meets each of the following requirements: The record is created without reliance on any part of the voting system used to tabulate votes. The record functions as a sampling frame for conducting a risk-limiting audit. The record contains the following information with respect to the ballots cast and counted in the election: The total number of ballots cast and counted by the agency (including undervotes, overvotes, and other invalid votes). The total number of ballots cast in each election administered by the agency (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. 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 the election, determining voter intent manually, directly from voter-verifiable paper records. The term outcome means the winner of an election, whether a candidate or a position. The term reported outcome means the outcome of an election 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. A State is eligible to receive a grant under this part if the State submits to the Commission, at such time and in such form as the Commission may require, an application containing— a certification that, not later than 5 years after receiving the grant, the State will conduct risk-limiting audits of the results of elections for Federal office held in the State as described in section 299; a certification that, not later than one year after the date of the enactment of this section, the chief State election official of the State has established or will establish the rules and procedures for conducting the audits which meet the requirements of section 299(c); a certification that the audit shall be completed not later than the date on which the State certifies the results of the election; a certification that, after completing the 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; a certification that, if a risk-limiting audit conducted under this part leads to a full manual tally of an election, State law requires that the State or election agency shall use the results of the full manual tally as the official results of the election; and such other information and assurances as the Commission may require. There are authorized to be appropriated for grants under this part $20,000,000 for fiscal year 2019, to remain available until expended. . The table of contents of such Act, as amended by sections 1905(b) and 3001(b), is further amended by adding at the end of the items relating to subtitle D of title II the following: Part 9—Grants for Conducting Risk-Limiting Audits of Results of Elections Sec. 299. Grants for conducting risk-limiting audits of results of elections. Sec. 299A. Eligibility of States. Sec. 299B. Authorization of appropriations.
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Sec. 3011
Grants to States for conducting risk-limiting audits of results of elections
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