Sec. 2. Requiring post-election audits of elections for Federal office
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Subtitle A of title III of the Help America Vote Act of 2002 ( 52 U.S.C. 21081 et seq.) is amended— by redesignating sections 304 and 305 as sections 305 and 306; and by inserting after section 303 the following new section: Each State shall conduct an audit of the results of each regularly scheduled general election for Federal office held in the State and submit the audit to the Commission. The audit conducted under this section with respect to an election shall include an audit of the accuracy of the voting systems used to carry out the election, together with an assessment of the extent to which the State administered the election in compliance with applicable laws, rules, and procedures, including laws, rules, and procedures governing requirements for voter identification, the accuracy of voter registration lists, the use of absentee and mail-in voting, the effectiveness of the methods used by the State to ensure that voters with disabilities were able to cast ballots, the use of provisional ballots, and the timing of the tabulation of ballots.
A State shall conduct the audit under this section through an entity designated by the State for purposes of this section which meets such requirements as the State may provide. The appropriate State and local election officials shall provide the entity conducting an audit under this section with such information and assistance as the entity may require to conduct the audit in accordance with the deadline described in subsection (a). The State shall include the audit of the results of an election under this section in the Election Administration and Voting Survey the State submits to the Commission with respect to the election.
Each State shall make the audits it conducts under this section publicly available on a website of the State in a searchable and sortable electronic manner. This section shall apply with respect to the regularly scheduled general elections for Federal office held in November 2022 and each succeeding regularly scheduled general election for Federal office. . Section 311 of such Act ( 52 U.S.C. 21101 ) is amended— by redesignating subsections
(b)and
(c)as subsections
(c)and (d); and by inserting after subsection
(a)the following new subsection: In the case of the recommendations with respect to the requirement under section 304 to conduct post-election audits, the following shall apply: Notwithstanding section 212, the Election Assistance Commission Standards Board under part 2 of subtitle A of title II shall develop the recommendations directly. The Standards Board shall include in the recommendations best practices for conducting the audits required under section 304. The Standards Board shall include as part of such best practices— a recommendation that the entity conducting the audits is bipartisan; and a recommendation that, in the case of an election for the office of Senator or Representative in Congress (including an election for the office of Delegate or Resident Commissioner to the Congress), the State complete the audit of the results of the election not later than 30 days after the State certifies the results of the election. . Subsection
(c)of section 311 of such Act ( 52 U.S.C. 21101 ), as redesignated by paragraph (1), is amended— by striking and at the end of paragraph (2); by striking the period at the end of paragraph
(3)and inserting ; and ; and by adding at the end the following new paragraph: in the case of the recommendations with respect to section 304, January 1, 2022. . Section 401 of such Act ( 52 U.S.C. 21111 ) is amended by striking sections 301, 302, and 303 and inserting subtitle A of title III . The table of contents of such Act is amended— by redesignating the items relating to sections 304 and 305 as relating to sections 305 and 306; and by inserting after the item relating to section 303 the following: Sec. 304. Post-election audits. .
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Sec. 2
Requiring post-election audits of elections for Federal office
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