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HR 5036 IHRH

Union Calendar No. 360

110th CONGRESS

2d Session

H. R. 5036

[Report No. 110-582, Part I]

To direct the Administrator of General Services to reimburse certain jurisdictions for the costs of obtaining paper ballot voting systems for the general elections for Federal office to be held in November 2008, to reimburse jurisdictions for the costs incurred in conducting audits or hand counting of the results of the general elections for Federal office to be held in November 2008, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

January 17, 2008

Mr. HOLT (for himself, Mr. TOM DAVIS of Virginia, Mr. WEXLER, Mr. EMANUEL, Mr. CONYERS, Mr. LEWIS of Georgia, Mrs. MALONEY of New York, Ms. SCHAKOWSKY, Mr. WAXMAN, Mr. GEORGE MILLER of California, Mr. ABERCROMBIE, Mr. INSLEE, Ms. BALDWIN, Mr. FARR, Mr. RYAN of Ohio, Mr. HONDA, Mr. DOGGETT, Mr. BLUMENAUER, Mr. HARE, Mr. LOEBSACK, Mr. SIRES, Mr. FRANK of Massachusetts, Mr. WEINER, Mr. BERMAN, Mr. DEFAZIO, Ms. HIRONO, Mr. GRIJALVA, Mr. DAVIS of Illinois, Mr. ROTHMAN, Mr. OLVER, Mr. FATTAH, Mr. DOYLE, Ms. KAPTUR, Ms. WATSON, Mr. HINCHEY, Mr. KLEIN of Florida, and Mr. CROWLEY) introduced the following bill; which was referred to the Committee on House Administration, and in addition to the Committee on Science and Technology, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

April 14, 2008

Additional sponsors: Mrs. CAPPS, Mr. PRICE of North Carolina, Ms. SUTTON, Mr. ELLISON, Mr. MCGOVERN, Mrs. TAUSCHER, Ms. GIFFORDS, Ms. CORRINE BROWN of Florida, Mr. BOYD of Florida, Mr. THOMPSON of California, Mr. AL GREEN of Texas, Mr. GORDON of Tennessee, Mr. LEVIN, Mr. ALTMIRE, Ms. EDDIE BERNICE JOHNSON of Texas, Mr. MORAN of Virginia, Ms. WASSERMAN SCHULTZ, Mr. WYNN, Ms. WOOLSEY, Ms. JACKSON-LEE of Texas, Mr. PALLONE, Mr. GENE GREEN of Texas, Ms. KILPATRICK, Mr. COOPER, Mr. JACKSON of Illinois, Ms. CLARKE, Mr. PASTOR, Mr. CHANDLER, Mr. BECERRA, Mr. COHEN, Mr. KILDEE, Mr. PATRICK J. MURPHY of Pennsylvania, Mr. BARROW, Ms. LINDA T. SANCHEZ of California, Mr. DELAHUNT, Mr. TIERNEY, Mr. STARK, Ms. SCHWARTZ, Ms. SHEA-PORTER, Mr. COURTNEY, Mr. CLAY, Ms. DEGETTE, Mr. BRALEY of Iowa, Mr. ENGEL, Mr. PAYNE, Mr. MATHESON, Mr. JOHNSON of Georgia, Ms. MATSUI, Mrs. LOWEY, Mr. RANGEL, Mr. MCNULTY, Mr. BOUCHER, Mr. UDALL of Colorado, Ms. LEE, Mr. MURTHA, and Mr. SNYDER

April 14, 2008

Reported from the Committee on House Administration with amendments

[Strike out all after the enacting clause and insert the part printed in italic]

April 14, 2008

Committee on Science and Technology discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be printed

[For text of introduced bill, see copy of bill as introduced on January 17, 2008]

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A BILL

To direct the Administrator of General Services to reimburse certain jurisdictions for the costs of obtaining paper ballot voting systems for the general elections for Federal office to be held in November 2008, to reimburse jurisdictions for the costs incurred in conducting audits or hand counting of the results of the general elections for Federal office to be held in November 2008, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Emergency Assistance for Secure Elections Act of 2008'.

SEC. 2. PAYMENTS TO CERTAIN JURISDICTIONS CONDUCTING 2008 GENERAL ELECTIONS.

(a) Reimbursement for Conversion to Paper Ballot Voting System-

(1) IN GENERAL- The Administrator of General ServicesElection Assistance Commission shall pay to each eligible jurisdiction an amount equal to the sum of the following:

(A) The documented reasonable costs paid or incurred by such jurisdiction to replace any voting systems used to conduct the general elections for Federal office held in November 2006 that did not use or produce a paper ballot verified by the voter or a paper ballot printout verifiable by the voter at the time the vote is cast with paper ballot voting systems.

(B) The documented reasonable costs paid or incurred by such jurisdiction to obtain non-tabulating ballot marking devices that are accessible for individuals with disabilities in accordance with the requirements of section 301(a)(3) of the Help America Vote Act of 2002.

(C) The documented reasonable costs paid or incurred by such jurisdiction to obtain ballot marking stations or voting booths for the protection of voter privacy.

(D) The documented reasonable costs paid or incurred by such jurisdiction to obtain paper ballots.

(E) The documented reasonable costs paid or incurred by such jurisdiction to obtain precinct-based equipment that tabulates paper ballots or scans paper ballots.

(F) The documented reasonable administrative costs paid or incurred by such jurisdiction that are associated with meeting the requirements for an eligible jurisdiction.

(2) ELIGIBLE JURISDICTION DEFINED- In this subsection, an `eligible jurisdiction' means a jurisdiction that submits to the AdministratorCommission (and, in the case of a county or equivalent jurisdiction, provides a copy to the State), at such time and in such form as the AdministratorCommission may require, an application containing--

(A) assurances that the jurisdiction conducted regularly scheduled general elections for Federal office in November 2006 using (in whole or in part) a voting system that did not use or produce a paper ballot verified by the voter or a paper ballot printout verifiable by the voter at the time the vote is cast;

(B) assurances that the jurisdiction will conduct the regularly scheduled general elections for Federal office to be held in November 2008 using only paper ballot voting systems;

(C) assurances that the jurisdiction has obtained or will obtain a sufficient number of non-tabulating ballot marking devices that are accessible for individuals with disabilities in accordance with the requirements of section 301(a)(3) of the Help America Vote Act of 2002;

(D) assurances that the jurisdiction has obtained or will obtain a sufficient number of ballot marking stations or voting booths for the protection of voter privacy;

(E) assurances that the jurisdiction has obtained or will obtain a sufficient number of paper ballots;

(F) such information and assurances as the AdministratorCommission may require to make the determinations under paragraph (1); and

(G) such other information and assurances as the AdministratorCommission may require.

(3) DETERMINATIONS OF REASONABLENESS OF COSTS- The determinations under paragraph (1) of whether costs paid or incurred by a jurisdiction are reasonable shall be made by the Administrator in consultation with the Election Assistance Commission.Commission.

(4) PAPER BALLOT VOTING SYSTEM DEFINED- In this subsection, a `paper ballot voting system' means a voting system that uses a paper ballot marked by the voter by hand or a paper ballot marked by the voter with the assistance of a non-tabulating ballot marking device described in paragraph (1)(B).

(b) Reimbursement for Retrofitting of Direct Recording Electronic Voting Systems to Produce Voter Verifiable Paper Records-

(1) IN GENERAL- The Commission shall pay to each eligible jurisdiction an amount equal to the documented reasonable costs paid or incurred by such jurisdiction to retrofit direct recording electronic voting systems so that the systems will produce a voter verifiable paper record of the marked ballot for verification by the voter at the time the vote is cast, including the costs of obtaining printers to produce the records. (2) ELIGIBLE JURISDICTION DEFINED- In this subsection, an `eligible jurisdiction' means a jurisdiction that submits to the Commission (and, in the case of a county or equivalent jurisdiction, provides a copy to the State), at such time and in such form as the Commission may require, an application containing-- (A) assurances that the jurisdiction has obtained or will obtain a printer for and retrofit each direct recording electronic voting system used to conduct the general elections for Federal office held in November 2008 so that the system will produce a voter verifiable paper record of the marked ballot for verification by the voter; (B) such information and assurances as the Commission may require to make the determinations under paragraph (1); and (C) such other information and assurances as the Commission may require. (3) DETERMINATION OF REASONABLENESS OF COSTS- The determinations under paragraph (1) of whether costs paid or incurred by a jurisdiction are reasonable shall be made by the Commission.

(c) Reimbursement for Provision of EmergencyBackup Paper Ballots by Jurisdictions Using Direct Recording Electronic Voting Systems-

(1) IN GENERAL- The AdministratorCommission shall pay to each eligible jurisdiction an amount equal to the documented reasonable costs paid or incurred by such jurisdiction to obtain, deploy, and tabulate emergencybackup paper ballots (and related supplies and equipment) that may be used in the event of the failure of a direct recording electronic voting system in the regularly scheduled general elections for Federal office to be held in November 2008.

(2) ELIGIBLE JURISDICTION DEFINED- In this subsection, an `eligible jurisdiction' means a jurisdiction that submits to the AdministratorCommission (and, in the case of a county or equivalent jurisdiction, provides a copy to the State), at such time and in such form as the AdministratorCommission may require, an application containing--

(A) assurances that the jurisdiction will post, in a conspicuous manner at all polling places at which a direct recording electronic voting system will be used in such elections, a notice stating that emergencybackup paper ballots are available at the polling place and that a voter is entitled to use such a ballot upon the failure of a voting system;

(B) assurances that the jurisdiction counts each such emergencybackup paper ballot cast by a voter as a regular ballot cast in the election, and does not treat it (for eligibility purposes) as a provisional ballot under section 302(a) of the Help America Vote Act of 2002, unless the individual casting the ballot would have otherwise been required to cast a provisional ballot;

(C) such information and assurances as the AdministratorCommission may require to make the determinations under paragraph (1); and

(D) such other information and assurances as the AdministratorCommission may require.

(3) DETERMINATION OF REASONABLENESS OF COSTS- The determinations under paragraph (1) of whether costs paid or incurred by a jurisdiction are reasonable shall be made by the Administrator in consultation with the Election Assistance Commission.Commission.

(c (d) Amounts- There are authorized to be appropriated to the Administrator $500,000,000Commission such sums as may be necessary for payments under this section. Any amounts appropriated pursuant to the authorization under this subsection shall remain available until expended.

SEC. 3. PAYMENTS FOR CONDUCTING MANUAL AUDITS OF RESULTS OF 2008 GENERAL ELECTIONS.

(a) Payments-

(1) ELIGIBILITY FOR PAYMENTS- If a State, county, or equivalent location conducts manual audits of the results of any of the regularly scheduled general elections for Federal office in November 2008 (and, at the option of the State or jurisdiction involved, conducts audits of elections for State and local and State and local ballot initiatives and referenda office held at the same time as such election) in accordance with the requirements of this section, the AdministratorCommission shall make a payment to the State, county, or equivalent location in an amount equal to the documented reasonable costs incurred by the State, county, or equivalent location in conducting the audits.

(2) CERTIFICATION OF COMPLIANCE AND COSTS-

(A) CERTIFICATION REQUIRED- In order to receive a payment under this section, a State, county, or equivalent location shall submit to the Administrator (and, in the case of a county or equivalent jurisdiction, shall provide a copy to the State)Commission, in such form as the AdministratorCommission may require, a statement containing--

(i) a certification that the State, county, or equivalent location conducted the audits in accordance with all of the requirements of this section;

(ii) a statement of the reasonable costs by the State, county, or equivalent location incurred in conducting the audits; and

(iii) such other information and assurances as the AdministratorCommission may require.

(B) AMOUNT OF PAYMENT- The amount of a payment made to a State, county, or equivalent location under this section shall be equal to the reasonable costs by the State, county, or equivalent location incurred in conducting the audits.

(C) DETERMINATION OF REASONABLENESS OF COSTS- The determinations under this paragraph of whether costs incurred by a State, county, or equivalent location are reasonable shall be made by the Administrator in consultation with the Election Assistance Commission.Commission.

(3) TIMING OF PAYMENTS- The AdministratorCommission shall make the payment required under this section to a State, county, or equivalent location not later than 30 days after receiving the statement submitted by the State, county, or equivalent location under paragraph (2).

(4) MANDATORY IMMEDIATE REIMBURSEMENT OF COUNTIES AND OTHER JURISDICTIONS- If a county or other jurisdiction responsible for the administration of an election in a State incurs costs as the result of the State conducting an audit of the election in accordance with this section, the State shall reimburse the county or jurisdiction for such costs immediately upon receiving the payment from the Commission under paragraph (3).

(5) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated to the Administrator $100,000,000Commission such sums as may be necessary for payments under this section. Any amounts appropriated pursuant to the authorization under this subsection shall remain available until expended.

(b) Audits Described- Requirements- In order to receive a payment under(1) IN GENERAL- An audit conducted in accordance with this section isfor conducting an audit administered by a State, county, or equivalent location, without advance selection of, the precincts or notice ofState shall meet the precincts selected, consisting offollowing minimum requirements:

(1) Not later than 30 days before the random selection of precincts or alternative audit units to be audited and hand countingdate of the votes cast on the paper ballots used in theregularly scheduled general (including paper ballot printouts verifiable by the voter at the time the vote is cast) attributable to those precincts or alternative audit units, and the comparison of the results of those hand counts with the corresponding final unofficial vote count (as defined by the State, county, or equivalent location) of the votes cast in the election.(2) COMPLETENESS- With respect to each precinct or alternative audit unit audited in accordance with the method selected under subsection (c)(2), the State, county, or equivalent location shall ensure that a voter verified paper ballot or paper ballot printout verifiable by the voter at the time the vote is cast is available election for every vote castFederal office in November 2008, the precinct or alternative audit unit,State shall establish and that the tally produced by counting all of those paper ballots by hand is compared with the corresponding final unofficial vote count (as defined by the State, county, or equivalent location) announced with respectpublish guidelines, standards, and procedures to that precinct or audit unitbe used in the election.conducting audits(3) DETERMINATION OF ENTITY CONDUCTING AUDITS; INDEPENDENCE STANDARDS- An audit administered by a State, county, or equivalent location in accordance with this section.

(2) The State shall be overseen byselect an appropriate entity selected for such purpose byto oversee the State, county, or equivalent locationadministration of the audit, in accordance with such criteria as the State, county, or equivalent location considers appropriate consistent with the requirements of this section, except that the entity must meet a general standard of independence as defined by the State, county, or equivalent location..

(4) REFERENCES TO ELECTION AUDITOR- In this section, the term `Election Auditor' means, with respect to a State, county, or equivalent location, the entity selected by the State, county, or equivalent location under paragraph (3). (3)(c) Number of Ballots Counted Under Audit-(1) IN GENERAL- The hand counts ofState shall determine whether the paper ballots administered byunits in which the Election Auditor of a State, county,audit will be conducted will be precincts or equivalent location under this section with respect to an electionsome alternative auditing unit, and shall occurapply that determination in at least 3 percent of uniform manner for all precincts or equivalent locations (or alternative audit units usaudits conducted in accordance with this section.

(4) The State shall select the method provided for under paragraph (2)) in which ballots were cast in the election.precincts(2) USE OF ALTERNATIVE SAMPLING MECHANISM- Notwithstanding paragraph (1) (and subject to the completeness requirement set forth in subsection (b)(2)), a State, county, equivalent location may adopt and apply an or alternative sampling mechanism to determine the number of paper ballotsauditing units in which will be subject to hand countsaudits are conducted in accordance with this section with respect to an election, so long asin a random manner following the alternative sampling mechanism useselection after the paper ballots verififinal unofficial vote count (as defined by votersthe State) has been announced, such that each precinct or paper ballot printouts verifiable by voters atalternative auditing unit in which the timeelection was held has an equal chance of being selected, subject to paragraph (9), except that the voteState shall ensure that at least one precinct or alternative auditing unit is cast to conductselected in each county in which the election is held.

(5) The audit and the Directorshall be conducted in not less than 2 percent of the National Institute of Standards and Technologyprecincts or a panel of 3 independent statisticians appointed bylternative auditing units in the Election AuditorState (in the case of a general election for the State, county,office of Senator) equivalent jurisdiction determines that or the alternative sampling mechanism will be at least as statistically effective in ensuringCongressional district involved (in the accuracycase of thean election results asfor the sample size specified under paragraph (1).office(d) Process For Administering Audits-(1) IN GENERAL- The Election Auditor of a State, countyRepresentative in, or equivalent locationDelegate or Resident Commissioner to, the Congress).

(6) The State shall oversedetermine the administrationstage of anthe tabulation process at which the audit will be conducted, and shall apply that determination in a uniform manner for all audits under this section conducted in accordance with this section, except that the following procedures:audit(A) The Election Auditor shall the audit commence within 48 hours after the State, county, or equivalent locationjurisdiction involved announces the final unofficial vote count (as defined by the State, county, or equivalent location) in each precinct in which votes are cast in the election which is the subject of the audit.

(B) The Election Auditor (7) With respect to each precinct or alternative audit unit audited, the State shall completeensure that a voter verified paper ballot or paper ballot printout verifiable by the audit, resolve discrepancies discoveredvoter at the time the vote is cast is available for every vote cast in the audprecinct or alternative audit unit, and submithat the audit report required under subsection (f)(1), prior totally produced by counting all of those paper ballots or paper ballot printouts by hand is compared with the certificationorresponding final unofficial vote count (as defined by the State, county,) announced with respect to that precinct or equivalent location of the results ofaudit unit in the election.

(C (8) Within each precinct or alternative audit and subject to the completeness requirement set forth in subsection (b)(2), unit, the audit shall include all (including absentee ballots in accordance with the procedure set forth in subsection (e)(3) or otherwise, early ballots, and provisional ballots) ballots cast by all individuals who voted in or who are under the jurisdiction of the precinct or alternative audit unit with respect which to the audit takes placeelection, including absentee ballots (subject to paragraph (9)), early ballots, emergency ballots, and provisional ballots, without regard to the time, place, or manner in which votes were cast.(2) USE OF ELECTION PERSONNEL- In administering the audits, the Election Auditor may utilize the services of jurisdiction personnel, including election administration personnel and poll workers, without regard to whether or not the personnel have professional auditing experience.(3) LOCATION- The Election Auditor shall administer an audit conducted under this section at the location where the the ballots cast in the election are stored and counted after the date of the election, or such other appropriate and secure location agreed upon by the Election Auditor and the individual who is responsible under State law for the custody of the ballots, and in the presence of the personnel who under State law are responsible for the custody of the ballots.were cast.

(4) ADDITIONAL AUDITS IF CAUSE SHOWN- (9)(A) IN GENERAL- If the Election Auditor finds that any of the hand counts administered under this section do not match the final unofficial vote count of the results of an election, the Election Auditor shall oversee the administration of hand counts under this section of such additional precincts (or equivalent jurisdictions) as the Election Auditor considers appropriate (in accordance with the procedures described in subparagraph (B)) to resolve any concerns resulting from the audit and ensure the accuracy of the results.(B) ESTABLISHMENT AND PUBLICATION OF PROCEDURES GOVERNING ADDITIONAL AUDITS- Prior to the date of the regularly scheduled general election for Federal office held in November 2008, a State, county, or equivalent location shall establish and publish procedures for carrying out the additional audits under this subsection, including the means by which the State, county, or equivalent location shall resolve any concerns resulting from the audit with finality and ensure the accuracy of the results.(5) PUBLIC OBSERVATION OF AUDITS- Each audit conducted under this section shall be conducted in a manner that allows public observation of the entire process, including reasonable advance notice, sufficient to confirm but not interfere with the proceedings.(e) Selection of Precincts-(1) IN GENERAL- Except as provided in paragraph (3), the selection of the precincts in the State, county, or equivalent location in which the Election Auditor of the State, county, or equivalent location shall oversee the administration of hand counts in an audit conducted under this section shall be made by the Election Auditor after the final unofficial vote count (as defined by the State, county or equivalent location) has been announced and on an entirely random basis using a uniform distribution in which all precincts in the State, county, or equivalent location have an equal chance of being selected, in accordance with procedures adopted by the State, county, or equivalent location, except that, consistent with the other requirements of this paragraph, in the case of an audit conducted by the State, at least one precinct or alternative audit unit shall be selected at random in each county or equivalent jurisdiction.(2) PUBLIC SELECTION- The random selection of precincts under paragraph (1) shall be conducted in public, at a time and place announced in advance.(3) MANDATORY SELECTION OF PRECINCTS ESTABLISHED SPECIFICALLY FOR ABSENTEE BALLOTS- If a State, county, or equivalent location establishes a separate precinct for purposes of counting the absentee ballots cast in anthe election and treats all absentee ballots as having been cast in that precinct, and if the State, county, or equivalent locationstate does not make absentee ballots sortable by precinct and include those ballots in the hand count described in paragraph (7) which is administered with respect to that subject to precinct, the completeness requirement set forth in subsection (b)(2), the State, county, or equivalent locationState may divide absentee ballots into audit units approximately equal in size to the average precinct in the State, county, or equivalent location in terms of the number of ballots cast, and shall randomly select and include at least 32 percent of those audit units in the audit. Any audit carried in accordance out with this section.respect(4) DEADLINE FOR ADOPTION OF PROCEDURES- Prior to such an audit unit shall meet the date ofsame standards applicable under paragraph (7) to audits carried out with respect to other precincts and alternative audit units, including the regularly scheduled general election for Federal office helquirement that all paper ballots be counted by hand.

(10) The audit shall be conducted November 2008, in a State, county, or equivalent location shall adoptpublic and publish the procedures described in paragraph (1).transparent manner, such that members(f) Publication Results- As soon as practicable after of the completpublic are able to observe the entire process.

(c) Collection and Submission of an audit conductedAudit Results; Publication-

(1) STATE SUBMISSION OF REPORT- In order to receive a payment under this the Election Auditor of section, a State, county, or equivalent location shall submit to the Administrator the results of the audit, and shall includeCommission a report, in such form as the submission a comparison ofCommission may require, on the results of the election attributable to the precinct or alternativeeach audit unit as determined by the Election Auditorconducted under the audit and the final unofficial vote count attributable to the precinct or alternative audit unit as announced by the State, county, or equivalent location and all undervotes, overvotes, blank ballots, and spoiled, voided or cancelled ballots, as well asis section.

(2) COMMISSION ACTION- The Commission may request additional information from a list of any discrepancies discovered between the initial, subsequent, and final hand counts overseen by the Election Auditor and such final unofficial vote count and any explanation for such discrepancies, broken down by the types of ballots which were subject toState based on the audit.report submitted under paragraph (1).

(g) Reports by Administrator (3) PUBLICATION- The AdministratorCommission shall publish promptly all reports on the results of audits conducted under this section that areeach report submitted pursuant to this section.under paragraph (1) upon receipt.

(h) Deadline for Approval (d) Delay in Certification of Alternative Ballot Sampling MethodResults by National Institute of Standards and Technology- The Director ofState- No State may certify the National Institute of Standards and Technology shall, not later than 30 days after receiving a request by a State, county, or equivalent location for approvalresults of any election which is subject to an alternative ballot sampling methodudit under subsection (c)(2), respond to the State, county, or equivalent location with confirmation asthis section prior to whether or notcompleting the method is at least as statistically effectiveaudit, resolving discrepancies discovered ensuring the accuracy of in the election results asaudit, and submitting the procedure described inreport required under subsection (c)(1).

SEC. 4. PAYMENTS FOR CONDUCTING HAND COUNTS OF RESULTS OF 2008 GENERAL ELECTIONS.

(a) Payments-

(1) ELIGIBILITY FOR PAYMENTS- If a State, county, or equivalent location tallies the results of any regularly scheduled general election for Federal office in November 2008 by conducting a hand count of the votes cast on the paper ballots used in the election (including paper ballot printouts verifiable by the voter at the time the vote is cast) in accordance with the requirements of this section, the AdministratorCommission shall make a payment to the State, county, or equivalent location in an amount equal to the documented reasonable costs incurred by the State, county, or equivalent location in conducting the hand counts.

(2) CERTIFICATION OF COMPLIANCE AND COSTS-

(A) CERTIFICATION REQUIRED- In order to receive a payment under this section, a State, county, or equivalent location shall submit to the AdministratorCommission (and, in the case of a county or equivalent jurisdiction, shall provide a copy to the State), in such form as the AdministratorCommission may require, a statement containing--

(i) a certification that the State, county, or equivalent location conducted the hand counts in accordance with all of the requirements of this section;

(ii) a statement of the reasonable costs incurred by the State, county, or equivalent location in conducting the hand counts; and

(iii) such other information and assurances as the AdministratorCommission may require.

(B) AMOUNT OF PAYMENT- The amount of a payment made to a State, county, or equivalent location under this section shall be equal to the reasonable costs incurred by the State, county, or equivalent location in conducting the hand counts.

(C) DETERMINATION OF REASONABLENESS OF COSTS- The determinations under this paragraph of whether costs incurred by a State, county, or equivalent location are reasonable shall be made by the Administrator in consultation with the Election Assistance Commission.Commission.

(3) TIMING OF PAYMENTS- The AdministratorCommission shall make the payment required under this section to a State, county, or equivalent location not later than 30 days after receiving the statement submitted by the State, county, or equivalent location under paragraph (2).

(4) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated to the Administrator $30,000,000Commission such sums as may be necessary for payments under this section. Any amounts appropriated pursuant to the authorization under this subsection shall remain available until expended.

(b) Hand Counts Described-

(1) IN GENERAL- A hand count conducted in accordance with this section is a count of all of the paper ballots on which votes were cast in the election (including paper ballot printouts verifiable by the voter at the time the vote is cast), including votes cast on an early, absentee, emergency, and provisional basis, which is conducted by hand to determine the winner of the election and is conducted without using electronic equipment or software.

(2) COMPLETENESS- With respect to each jurisdiction in which a hand count is conducted, the State, county, or equivalent location shall ensure that a voter verified paper ballot or paper ballot printout verifiable by the voter at the time the vote is cast is available for every vote cast in the jurisdiction.

(c) Process for Conducting Hand Counts-

(1) IN GENERAL- In order to meet the requirements of this section, a hand count of the ballots cast in an election shall be conducted in accordance with the following procedures:

(A) O (A) After the closing of the polls on the date of the election, the appropriate election official shall secure the ballots at the polling place (or, in the case of ballots cast at any other location, at the office of the chief election official of the jurisdiction conducting the hand count).

(B) Beginning at any time after the expiration of the 8-hour period that begins at the time the polls close on the date of the election, the jurisdiction shall conduct an initial hand count of the ballots cast in the election, using the ballots which are eligible to be counted in the election as of the time the polls are closed.

(B (C) Any ballot which is eligible to be counted in the election but which is not included in the initial count conducted under subparagraph (AB), including a provisional ballot cast by an individual who is determined to be eligible to vote in the election or an absentee ballot received after the date of the election but prior to the applicable deadline under State law for the receipt of absentee ballots, shall be subject to a hand count in accordance with this section and added to the tally conducted under subparagraph (AB) not later than 48 hours after the ballot is determined to be eligible to be counted.

(C (D) The hand count shall be conducted by a team of not fewer than 2 individuals who shall be witnessed by at least one observer sitting at the same table with such individuals. Except as provided in paragraph (2), all such individuals shall be election officials of the jurisdiction in which the hand count is conducted. The number of such individuals who are members of the political party whose candidates received the greatest number of the aggregate votes cast in the regularly scheduled general elections for Federal office held in the State in November 2006 shall be equal to the number of such individuals who are members of the political party whose candidates received the second greatest number of the aggregate votes cast in the regularly scheduled general elections for Federal office held in the State in November 2006.

(E) After the completion of the hand count, the ballots may be run through a tabulating machine or scanner for comparison with the tally, if such a machine or scanner is available. The use of the tabulating machine or scanner shall be solely to compare with the tally determined by the hand count and not to substitute another tally of the ballots.

(2) USE OF OTHER PERSONNEL- An individual who is not an election official of the jurisdiction in which a hand count is conducted under this section may serve on a team conducting the hand count or may serve as an observer of a team conducting the hand count if the jurisdiction certifies that the individual has completed such training as the jurisdiction deems appropriate to conduct or observe the hand count (as the case may be).

(3) LOCATION- The hand counts conducted under this section of the ballots cast in an election shall be conducted--

(A) in the case of ballots cast at a polling place on the date of the election, at the polling place at which the ballots were cast; or

(B) in the case of any other ballots, at the office of the chief election official of the jurisdiction conducting the hand count.

(4) INFORMATION INCLUDED IN RESULTS- Each hand count conducted under this section shall produce the following information with respect to the election:

(A) The vote tally for each candidate.

(B) The number of overvotes, undervotes, spoiled ballots, and blank ballots cast (or their equivalents, as defined by the State, county or equivalent location).

(C) The number of write-in ballots and the names written in on such ballots pursuant to State law.

(D) The total number of ballots cast.

(E) A record of judgement calls made regarding voter intent.

(5) PUBLIC OBSERVATION OF HAND COUNTS- Each hand count conducted under this section shall be conducted in a manner that allows public observation of the entire process (including the opening of the ballot boxes or removal of machine-printed ballots from their containers, the sorting, counting, and notation of results, and the announcement of final determinations) sufficient to confirm but not interfere with the proceedings.

(6) ESTABLISHMENT AND PUBLICATION OF PROCEDURES- Prior to the date of the regularly scheduled general election for Federal office held in November 2008, a State, county, or equivalent location shall establish and publish procedures for carrying out hand counts under this subsection.

(d) Application to Jurisdictions Conducting Elections With Direct Recording Electronic Voting Systems-

(1) REQUIRING SYSTEMS TO PRODUCE VOTER VERIFIABLE PAPER RECORD- If a State, county, or equivalent location uses a direct recording electronic voting system to conduct an election, the State, county, or equivalent location may not receive a payment under this section for conducting a hand count of the votes cast in the election unless (in addition to meeting the other requirements applicable under this section) the State, county, or equivalent location certifies to the Commission that each such system produces a paper record printout of the marked ballot which is verifiable by the voter at the time the vote is cast. (2) TREATMENT OF PAPER RECORD PRINTOUTS- In applying this section to a hand count conducted by a State, county, or equivalent location which provides a certification to the Commission under paragraph (1), the paper record printout referred to in such paragraph shall be treated as the paper ballot used in the election.

(e) Announcement and Posting of Results- Upon the completion of a hand count conducted under this section, the State, county, or equivalent location shall announce the results to the public and post them on a public Internet site.

(e (f) Use of Hand Count in Certification of Results- The State shall use the results of the hand count conducted under this section for purposes of certifying the results of the election involved. Nothing in this section may be construed to affect the application or operation of any State law governing the recount of the results of an election.

SEC. 5. STUDY, TESTING, AND DEVELOPMENT OF PRODUCTS AND PRACTICES TO ENSURE ACCESSIBILITY OF PAPER BALLOT VERIFICATION AND CASTING FOR CERTAIN INDIVIDUALS.

(a) Study, Testing, and Development- The Director of the National Institute of Standards and Technology (hereafter in this section referred to as the `Director') shall study, test, and develop products and practices that ensure the accessibility of paper ballot verification and casting for individuals with disabilities, for voters whose primary language is not English, and for voters with difficulties in literacy, including the mechanisms themselves and the processes through which the mechanisms are used. In carrying out this subsection, the Director shall specifically investigate existing and potential methods or devices, including non-electronic devices, that will assist such individuals and voters in creating voter-verified paper ballots, presenting or transmitting the information printed or marked on such ballots back to such individuals and voters in an accessible form, and enabling the voters to cast the ballots.

(b) Report- Not later than June 30, 2009, the Director shall submit a report to Congress on the results of the studying, testing, and development of products and practices under subsection (a).

(c) Authorization of Appropriations- There are authorized to be appropriated to the Director such sums as may be necessary to carry out this section $3,000,000, to remain available until expended.

SEC. 6. DEFINITIONS.

In this Act--

(1) the term `AdministratorCommission' means the Administrator of General Services; andElection Assistance Commission; and

(2) the term `State' includes the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, and the United States Virgin Islands.

Amend the title so as to read: `A bill to direct the Election Assistance Commission to reimburse certain jurisdictions for the costs of obtaining paper ballot voting systems for the general elections for Federal office to be held in November 2008, to reimburse jurisdictions for the costs incurred in conducting audits or hand counting of the results of the general elections for Federal office to be held in November 2008, and for other purposes.'.

Union Calendar No. 360

110th CONGRESS

2d Session

H. R. 5036

[Report No. 110-582, Part I]

A BILL

To direct the Administrator of General Services to reimburse certain jurisdictions for the costs of obtaining paper ballot voting systems for the general elections for Federal office to be held in November 2008, to reimburse jurisdictions for the costs incurred in conducting audits or hand counting of the results of the general elections for Federal office to be held in November 2008, and for other purposes.

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April 14, 2008

Committee on Science and Technology discharged; committed to the Committee of the Whole House on the State of the Union and ordered to be printed