Sec. 2. Promoting accuracy, integrity, and security through voter-verified permanent paper ballot
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Section 301(a)(2) of the Help America Vote Act of 2002 ( 52 U.S.C. 21081(a)(2) ) is amended to read as follows: The voting system shall require the production of a voter-verified paper ballot of the voter’s vote that shall be created by or made available for inspection and verification by the individual voter before the voter’s vote is cast and counted. For purposes of this subclause, a voter-verified paper ballot includes (but is not limited to) a paper ballot marked by the voter for the purpose of being counted by hand or read by an optical scanner or other similar device, a paper ballot prepared by the voter to be mailed to an election official (whether from a domestic or overseas location), a paper ballot created through the use of a ballot marking device or system, or a paper ballot produced by a touch screen or other electronic voting machine, so long as in each case the voter is permitted to verify the ballot in a paper form in accordance with this subparagraph.
The voting system shall provide the voter with an opportunity to correct any error made by the system in the voter-verified paper ballot before the permanent voter-verified paper ballot is preserved in accordance with clause (ii). The voting system shall not preserve the voter-verified paper ballots in any manner that makes it possible, at any time after the ballot has been cast, to associate a voter with the record of the voter’s vote. The voter-verified paper ballot produced in accordance with clause
(i)shall be used as the official ballot for purposes of any recount or audit conducted with respect to any election for Federal office in which the voting system is used, and shall be preserved in accordance with regulations promulgated by the Commission to establish criteria for the proper preservation and retention of the official ballots in the election. Each paper ballot produced pursuant to clause
(i)shall be suitable for a manual audit equivalent to that of a paper ballot voting system, in accordance with the methods described in subparagraph (B). The methods described in this subparagraph with respect to the manual audit of voter-verified paper ballots are— audits conducted through the use of programmable electronic counting machines which are not capable of being connected to the Internet, as determined in accordance with regulations promulgated by the Commission; or if no machine described in clause
(i)is available, an audit conducted by a hand count. In the event that the paper ballots produced pursuant to subparagraph
(A)with respect to an election for Federal office have been compromised, the State shall resolve the dispute over the results of the election in accordance with dispute resolution processes established under regulations promulgated by the Commission. The Commission shall promulgate the regulations described in this paragraph not later than November 1, 2023. . Section 301(a)(4) of such Act ( 52 U.S.C. 21081(a)(4) ) is amended by inserting (including the paper ballots required to be produced under paragraph (2)) after voting system . Section 301(a)(1) of such Act ( 52 U.S.C. 21081(a)(1) ) is amended— in subparagraph (A)(i), by striking counted and inserting counted, in accordance with paragraphs
(2)and
(3); in subparagraph (A)(ii), by striking counted and inserting counted, in accordance with paragraphs
(2)and
(3); in subparagraph (A)(iii), by striking counted each place it appears and inserting counted, in accordance with paragraphs
(2)and
(3); and in subparagraph (B)(ii), by striking counted and inserting counted, in accordance with paragraphs
(2)and
(3). Section 257(a) of such Act ( 52 U.S.C. 21007(a) ) is amended by adding at the end the following new paragraph: For fiscal year 2023, such sums as may be necessary to enable States to meet the requirements of section 301(a)(2) which are first imposed on the State pursuant to the amendments made by section 2(a) of the Securing America’s Elections Act of 2021. Any amount appropriated pursuant to the authorization under this paragraph shall be designated by the Congress as being for an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985. . Section 252 of such Act ( 52 U.S.C. 21002 ) is amended— in subsection (a), by striking subsection
(c)and inserting subsections
(c)and
(e); by redesignating subsection
(e)as subsection (f); and by inserting after subsection
(d)the following new subsection: The amount of a requirements payment made to a State from funds appropriated for fiscal year 2023 shall be equal to the State’s estimate of the reasonable costs the State expects to incur to meet the requirements referred to in paragraph (3), as contained in the statement filed by the State with the Commission under section 253(f)(1)(A)(ii). If a State receives a requirements payment from funds appropriated for fiscal year 2020, the State shall agree to repay to the Commission the excess (if any) of— the amount of the payment; over the actual costs incurred by the State in meeting the requirements referred to in paragraph (3), as contained in the statement filed by the State with the Commission under section 253(f)(1)(B). The requirements referred to in this paragraph are the requirements of section 301(a)(2) (relating to ballot verification and audit capacity) which are first imposed on the State pursuant to the amendments made by section 2(a) of the Securing America’s Elections Act of 2023. . Section 253 of such Act ( 52 U.S.C. 21003 ) is amended— in subsection (a), by striking A State is eligible and inserting Except as provided in subsection (f), a State is eligible ; and by adding at the end the following new subsection: Notwithstanding any other provision of this part, a State is eligible to receive a requirements payment from funds appropriated for fiscal year 2023 if, at any time after the funds are appropriated, the chief executive officer of the State, or designee, in consultation and coordination with the chief State election official— files a statement with the Commission— describing how the State will use the payment to meet the requirements of section 301(a)(2) (relating to ballot verification and audit capacity) which are first imposed on the State pursuant to the amendment made by section 2(a) of the Securing America’s Elections Act of 2023, and containing the State’s estimate of the reasonable costs the State expects to incur to meet such requirements; and certifies to the Commission that, upon completing the replacement or upgrading of its voting systems to meet such requirements, the State will file a statement with the Commission containing the actual costs incurred by the State in meeting such requirements. In the case of a State that requires State legislation to carry out any 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. . Section 251(c)(1) of such Act ( 52 U.S.C. 21001(c)(1) ) is amended by striking the period at the end and inserting the following: , or as a reimbursement for any costs incurred in meeting the requirements of section 301(a)(2) which are first imposed pursuant to the amendments made by section 2(a) of the Securing America’s Elections Act of 2023 or in otherwise replacing or upgrading voting systems in response to such amendments. . Nothing in the amendments made by this subsection or in any other provision of the Help America Vote Act of 2002 may be construed to prohibit a State from using any funds provided under such Act pursuant to the amendments made by this subsection (or any funds provided under such Act prior to the date of the enactment of this Act which remain unexpended as of the date of the enactment of this Act) to replace or upgrade a voting system purchased or otherwise obtained in whole or in part using funds received under title I or II of the Help America Vote Act at any time before the date of the enactment of this Act. The amendments made by this subsection shall apply with respect to fiscal years beginning with fiscal year 2023. The Secretary of Homeland Security and the Election Assistance Commission, acting jointly, shall conduct a study of the feasibility and desirability of using open-source software in voting systems, based on information obtained from elections for Federal office held in 2020 through 2022. Not later than July 1, 2025, the Secretary and the Commission shall submit to Congress a report on the study conducted under paragraph (1), and shall include in the report such recommendations as the Secretary and Commission consider appropriate regarding the possible use of open-source software in the voting systems used to administer elections for Federal office held in 2024. If the Secretary and the Commission include in the report submitted under paragraph
(2)a recommendation that State election officials use open-source software in the voting systems used to administer elections for Federal office in the State— the Commission shall enter into a partnership with appropriate private entities, including entities engaged in the business of maintaining open-source software, to develop, test, certify, and maintain open-source software for such purpose for elections held in 2028 or any succeeding year; and the Commission shall ensure that such certified software is available without cost to State election officials. Section 301(d) of such Act ( 52 U.S.C. 21081(d) ) is amended to read as follows: Except as provided in paragraph (2), each State and jurisdiction shall be required to comply with the requirements of this section on and after January 1, 2006. The requirements of subsection (a)(2) which are first imposed on a State and jurisdiction pursuant to the amendments made by section 2(a) of the Securing America’s Elections Act of 2023 shall apply with respect to the regularly scheduled general election for Federal office held in November 2024 and each succeeding election for Federal office. .
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Sec. 2
Promoting accuracy, integrity, and security through voter-verified permanent paper ballot
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