Count Every Vote Act of 2005 - Amends the Help America Vote Act of 2002 with respect to : (1) voter verification and mandatory auditing by state officials; (2) provisional ballots and requirements for casting and counting them; (3) shortening of voter wait lines; (4) equitable allocation of voting systems, poll workers, and election resources; (5) absentee balloting; (6) training of poll workers; (7) standards for purging voters; (8) an election day registration grant program; (9) standards for early voting; (10) voter registration and identification; (11) prohibition of deceptive practices and certain campaign activities; (12) voting rights of individuals convicted of criminal offenses; and (13) the Election Assistance Commission.
Makes appropriations to carry out this Act.
Federal Election Day Act of 2007 - Amends federal civil service to provide for federal election day as a public holiday.
[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 804 Introduced in Senate (IS)]
110th CONGRESS
1st Session
S. 804
To amend the Help America Vote Act of 2002 to improve the
administration of elections for Federal office, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 7, 2007
Mrs. Clinton (for herself, Mrs. Boxer, Ms. Mikulski, Mr. Kerry, Mr.
Leahy, and Mr. Lautenberg) introduced the following bill; which was
read twice and referred to the Committee on Rules and Administration
_______________________________________________________________________
A BILL
To amend the Help America Vote Act of 2002 to improve the
administration of elections for Federal office, 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; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Count Every Vote
Act of 2007''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--VOTER VERIFICATION AND AUDITING
Sec. 101. Promoting accuracy, integrity, and security through
preservation of a voter-verified paper
record.
Sec. 102. Requirement for mandatory manual audits.
Sec. 103. Specific, delineated requirement of study, testing, and
development of best practices.
Sec. 104. Voter-verification and audit capacity funding.
Sec. 105. Reports and provision of security consultation services.
Sec. 106. Improvements to voting systems.
Sec. 107. Requirements for testing laboratories.
TITLE II--PROVISIONAL BALLOTS
Sec. 201. Requirements for casting and counting provisional ballots.
TITLE III--ADDITIONAL REQUIREMENTS UNDER THE HELP AMERICA VOTE ACT OF
2002
Subtitle A--Shortening Voter Wait Times
Sec. 301. Equitable allocation of voting systems, poll workers, and
election resources.
Sec. 302. State plans to prevent unreasonable wait times; remedial
plans; emergency ballots.
Subtitle B--No-Excuse Absentee Voting
Sec. 311. No-excuse absentee voting.
Subtitle C--Collection and Dissemination of Election Data
Sec. 321. Data collection.
Subtitle D--Ensuring Well-Run Elections
Sec. 331. Training of poll workers.
Sec. 332. Impartial administration of elections.
Sec. 333. Study on encouraging government employees and secondary
school students to serve as poll workers.
Subtitle E--Standards for Purging Voters
Sec. 341. Standards for purging voters.
Subtitle F--Election Day Registration and Early Voting
Sec. 351. Election day registration.
Sec. 352. Early voting.
Subtitle G--Newly Eligible Voters
Sec. 361. Encouraging the registration of newly eligible voters.
Sec. 362. Civic education pilot program.
TITLE IV--VOTER REGISTRATION AND IDENTIFICATION
Sec. 401. Voter registration.
Sec. 402. Establishing voter identification for certain voters who
register by mail.
Sec. 403. Requirement for Federal certification of technological
security of voter registration lists.
Sec. 404. Coordination with state databases.
TITLE V--PROHIBITION ON CERTAIN CAMPAIGN ACTIVITIES
Sec. 501. Prohibition on certain campaign activities.
TITLE VI--ENDING DECEPTIVE PRACTICES
Sec. 601. Ending deceptive practices.
TITLE VII--CIVIC PARTICIPATION BY EX-OFFENDERS
Sec. 701. Voting rights of individuals convicted of criminal offenses.
TITLE VIII--FEDERAL ELECTION DAY ACT
Sec. 801. Short title.
Sec. 802. Federal Election Day as a public holiday.
TITLE IX--ADDITIONAL IMPROVEMENTS TO ELECTION PROCEDURES
Sec. 901. Transmission of certificate of ascertainment of electors.
Sec. 902. Study on feasibility of creating ranking system of State
election administration processes.
TITLE X--STRENGTHENING THE ELECTION ASSISTANCE COMMISSION
Sec. 1001. Strengthening the Election Assistance Commission.
Sec. 1002. Repeal of exemption of Election Assistance Commission from
certain government contracting
requirements.
Sec. 1003. Membership of Technical Guidelines Development Committee.
Sec. 1004. Authorization of appropriations for requirements payments.
TITLE XI--EFFECTIVE DATE
Sec. 1101. Effective date.
TITLE I--VOTER VERIFICATION AND AUDITING
SEC. 101. PROMOTING ACCURACY, INTEGRITY, AND SECURITY THROUGH
PRESERVATION OF A VOTER-VERIFIED PAPER RECORD.
(a) Voter Verification and Manual Audit Capacity.--
(1) In general.--Section 301(a)(2) of the Help America Vote
Act of 2002 (42 U.S.C. 15481(a)(2)) is amended to read as
follows:
``(2) Voter verification and manual audit capacity.--
``(A) Voter verification.--
``(i) The voting system shall produce, or
require the use of, an individual voter-
verified paper record of the voter's vote that
shall be made available for inspection and
verification by the voter, or marked by the
voter, before the vote is cast.
``(ii) The voting system shall provide the
voter with an opportunity to correct any error
made by the system in the voter-verified paper
record before the permanent voter-verified
paper record is preserved in accordance with
subparagraph (B)(i).
``(iii) The voter-verified paper record
shall use durable paper of archival quality
capable of withstanding multiple counts and
recounts without compromising the fundamental
integrity of the records, and capable of
retaining the information marked, printed, or
recorded on them for the full duration of the
retention and preservation period called for by
title III of the Civil Rights Act of 1960 (42
U.S.C. 1974 et seq.) or under applicable State
law, whichever is longer. The paper records
shall not be produced through a reel-to- reel
design.
``(iv) The voter-verified paper record
shall not be preserved 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 votes selected by the voter.
``(B) Manual audit capacity.--The permanent voter-
verified paper record produced in accordance with
subparagraph (A) shall--
``(i) be preserved within the polling
place, in the manner, if any, in which all
other paper ballots are preserved within that
polling place, or, in the manner employed by
the jurisdiction for preserving paper ballots
in general, for later use in any manual audit;
``(ii) be suitable for a manual audit
equivalent to that of any paper ballot voting
system;
``(iii) be the official ballot for use in
any recount or audit conducted with respect to
any Federal election in which the system is
used; and
``(iv) in the event of an inconsistency
between an electronic vote tally and the vote
tally determined by a hand count of the
individual voter-verified paper records, be
considered the true and correct record of the
votes cast, except as provided in subparagraph
(C).
``(C) Special rules relating to compromised paper
records.--In the event of an inconsistency between an
electronic vote tally and the vote tally determined by
a hand count of the individual voter-verified paper
records, the paper records shall be presumed to be
authoritative in determining the official count for the
election, unless it is demonstrated by clear and
convincing evidence, that the set of paper ballots
associated with a particular machine has been
compromised (by damage or mischief or otherwise).''.
(2) Conforming amendment.--Section 301(a)(1)(A)(ii) of such
Act (42 U.S.C. 15481(a)(1)(A)(ii)) is amended by inserting
``and before the paper ballot is preserved under paragraph
(2)'' before the semicolon at the end.
(b) Voter-Verification of Results for Individuals With Disabilities
and Language Minority Voters.--Section 301(a) of such Act (42 U.S.C.
15481(a)) is amended by striking paragraphs (3) and (4) and inserting
the following:
``(3) Accessibility for individuals with disabilities.--
``(A) In general.--The voting system shall--
``(i) be accessible for individuals with
disabilities, including nonvisual accessibility
for the blind and visually impaired, in a
manner that provides the same opportunity for
access, participation (including privacy and
independence), inspection, and verification as
for other voters;
``(ii) satisfy the requirement of clause
(i) through the use of at least one voting
system equipped for individuals with
disabilities at each polling place; and
``(iii) if purchased with funds made
available under title II on or after January 1,
2007, meet the voting system standards for
disability access (as outlined in this
paragraph).
``(B) Verification requirements.--Any voting system
described in subparagraph (A)(ii) shall produce, or
require the use of, in accordance with paragraph
(2)(A), an individual voter-verified paper record
that--
``(i) is produced using a mechanism that
separates the function of vote generation from
the function of vote casting;
``(ii) shall be available for visual,
enhanced visual, and audio verification by the
voter, with language translation available for
all forms of inspection and verification in
accordance with the requirements of section 203
of the Voting Rights Act of 1965 (42 U.S.C.
1973aa-1); and
``(iii) shall not preclude the
supplementary use of Braille or tactile ballots
for those voters who need them.
``(4) Alternative language accessibility.--Any voting
system and paper ballot shall provide alternative language
accessibility in a manner that provides the same opportunity
for access, participation (including privacy and independence)
inspection and verification as for other voters, and shall be
subject to the requirements of section 203 of the Voting Rights
Act of 1965 to the extent such section is applicable to the
State or jurisdiction in which such record is produced.''.
(c) Additional Voting System Requirements.--Section 301(a) of such
Act (42 U.S.C. 15481(a)) is amended by adding at the end the following
new paragraphs:
``(7) Instruction of election officials.--Each State shall
ensure that election officials are instructed on the right of
any individual who requires assistance to vote by reason of
blindness, other disability, or inability to read or write to
be given assistance by a person chosen by that individual under
section 208 of the Voting Rights Act of 1965.
``(8) Ballot chain of custody.--The appropriate State
election official shall develop and implement, according to
guidelines established by the Commission, procedures to monitor
and document the chain of custody for election ballots, voter-
verified paper records, software, hardware and vote storage
media before, during, and after an election for Federal office.
``(9) Prohibition of use of undisclosed software in voting
systems.--No voting system shall at any time contain or use any
software not disclosed to the State during the certification
process. The appropriate election official shall disclose to
the Commission all system documentation, and (in electronic
form) the source code, object code, and executable
representation of software and firmware (including ballot
programming files) of any voting system, and the Commission
shall make that source code, object code, and executable
representation available for inspection promptly upon request
to any citizen, except that the system documentation, source
code, object code and executable representation of unmodified
commercial off-the-shelf software shall be disclosed only under
confidentiality agreement to persons authorized by the State.
``(10) Prohibition of communication devices or connection
to internet.--
``(A) Prohibition.--No component of any voting
device upon which votes are cast or any election
management system on which ballots are defined or vote
totals are recorded or tabulated shall use, contain, or
be accessible by any wireless communication device or
be connected to the Internet at any time.
``(B) Election management system described.--For
the purposes of this paragraph, the election management
system includes the computer server and connected
devices within a voting system designed or used to--
``(i) define, develop, or maintain election
results databases;
``(ii) perform election definition and
configuration functions;
``(iii) prepare and format ballots;
``(iv) record or count votes;
``(v) accumulate, consolidate, and report
results; or
``(vi) maintain audit trails.
``(C) Wireless communication devices described.--
For purposes of this paragraph, prohibited wireless
communication devices include radio-frequency wireless,
power line, remote, and wide-area communication
devices, but do not include enclosed and shielded
communications devices, such as infrared communications
devices that cannot be used for remote communication.
``(11) Usability testing.--Not later than 30 days before an
election for Federal office, each State shall undertake testing
of its voting systems and ballots to ensure that voters are
able to understand the use of the system and ballot and cast
their vote accurately, easily, and efficiently.
``(12) Security standards for voting systems used in
federal elections.--
``(A) In general.--No voting system may be used in
an election for Federal office unless the manufacturer
of such system and the appropriate election official
each meet the applicable requirements described in
subparagraph (B).
``(B) Requirements described.--The requirements
described in this subparagraph are as follows:
``(i) The appropriate election official
shall ensure that all voting machines and
related supplies to be used in the election
shall remain secured within storage facilities
arranged for by the election official, and
shall not be removed from such facilities until
such time as they are to be delivered to the
relevant polling place and secured at the
polling place until used in the election.
``(ii) The manufacturer and the election
official shall document the chain of custody
for the handling of software, hardware, vote
storage media and ballots used in connection
with voting systems.
``(iii) The manufacturer shall provide the
appropriate election official with the material
necessary for the official to provide
information regarding software and firmware to
the Commission pursuant to paragraph (9).
``(iv) After the appropriate election has
certified the source code, object code, and
executable representation of the voting system
software for use in an election, the
manufacturer may not--
``(I) alter such codes and
representation;
``(II) insert or use in the voting
system any software not certified by
the State for use in the election; or
``(III) insert or use in the voting
system any certified software without
providing notice to the appropriate
election official.
``(v) The manufacturer shall meet standards
established by the Commission to ensure that
all voting systems and related supplies to be
used in the election are secure.
``(vi) The manufacturer shall meet the
requirements of section 319A of the Federal
Election Campaign Act and any other standards
established by the Commission to prevent the
existence or appearance of any conflict of
interest with respect to candidates for public
office and political parties.
``(vii) At the request of the Commission,
the appropriate election official shall submit
information to the Commission regarding the
State's compliance with this subparagraph.''
(d) Grant Program.--
(1) In general.--Subtitle D of title II of the Help America
Vote Act of 2002 (42 U.S.C. 15401 et seq.) is amended by adding
at the end the following new part:
``PART 7--VOTING SYSTEM IMPROVEMENT GRANT PROGRAM
``SEC. 297. VOTING SYSTEM IMPROVEMENT GRANT PROGRAM.
``(a) In General.--The Commission shall make grants to eligible
States and localities to carry out activities to improve voting
technology and enhance the accessibility of voting systems for
individuals with disabilities, for voters who primary language is not
English, and for voters with difficulties in literacy, including--
``(1) improving voting system technology or developing new
designs and technology for voting systems; and
``(2) improving the accessibility of voting machines for
people with disabilities, providing nonvisual access for voters
with visual impairments, and providing assistance to voters
with limited proficiency in the English language.
``(b) Eligibility.--
``(1) In general.--A State locality is eligible to receive
a payment under this section with respect to a fiscal year if
it submits to the Commission a notice not later than 3 months
before the first day of the fiscal year (in such form as the
Commission may require) that contains--
``(A) certifications that the State or locality
will use the payment (either directly or as
reimbursement) to carry out activities described in
subsection (a); and
``(B) such other information and certifications as
the Commission may require which are necessary for the
administration of the program.
``(2) Compliance of states that require changes to state
law.--In the case of a State or locality located in a State
that requires the enactment of State legislation to carry out
an activity covered by any certification submitted under this
subsection, the State or locality shall be permitted to make
the certification notwithstanding that the legislation has not
been enacted at the time the certification is submitted, and
the State or locality shall submit an additional certification
once such legislation is enacted.
``(c) Reports.--
``(1) In general.--Each recipient of a grant under this
section shall submit to the Commission a report describing the
activities carried out with the funds provided under the grant.
``(2) Deadline.--A recipient shall submit a report required
under paragraph (1) not later than 60 days after the end of the
fiscal year for which the recipient received the grant which is
the subject of the report.
``(d) Authorization of Appropriations.--There are authorized to be
appropriated for grants under this part $10,000,000 for each of the
fiscal years 2008, 2009, 2010, and 2011.''.
(2) Clerical amendment.--The table of contents of such Act
is amended by adding at the end of the items relating to
subtitle D of title II the following:
``Part 7--Voting System Improvement Grant Program
``Sec. 297. Voting system improvement grant program.''.
SEC. 102. REQUIREMENT FOR MANDATORY MANUAL AUDITS.
(a) Mandatory Manual Audits.--Title III of the Help America Vote
Act of 2002 (42 U.S.C. 15481 et seq.) is amended by adding at the end
the following new subtitle:
``Subtitle C--Mandatory Manual Audits by Chief Auditors
``SEC. 321. MANUAL AUDITS BY STATE OFFICIALS.
``(a) In General.--The chief auditor of each State shall administer
the random unannounced manual mandatory recounts of the voter-verified
paper ballots of each election for Federal office (and, at the option
of the State or jurisdiction involved, of elections for State and local
office held at the same time as such an election for Federal office).
``(b) Chief Auditor.--
``(1) Designation of chief auditor.--Each State shall
designate a State officer or employee as the chief auditor
responsible for coordination of State responsibilities under
this section.
``(2) Designation by election assistance commission.--In
the event that no single official in the State meets the
definition in subsection (1), the Commission shall designate a
State official to serve as chief auditor of the State for
purposes of this section.
``(3) Independence of chief auditor.--An individual does
not qualify as the chief auditor of a State for purposes of
this section if the individual--
``(A) is designated as the chief election official
of the State under section 10 of the National Voter
Registration Act of 1993, or is an employee of or
reports to such chief election official;
``(B) is serving in any position on any political
campaign committee of any candidate for federal office
in the election that is subject to the manual audit; or
``(C) serves as the chief executive officer, chief
financial officer, chief operating officer, or
president of any entity that designs, manufacturers, or
sells a voting system used in an election for Federal
office.
``SEC. 322. NUMBER OF BALLOTS COUNTED UNDER AUDIT.
``(a) In General.--Except as provided in subsection (b), the number
of voter-verified paper ballots that will be subject to a hand count
administered by the chief auditor under this subtitle with respect to
an election shall be determined as follows:
``(1) In the event that the initial vote count under
section 324(a)(1) reveals that the margin of victory between
the two candidates receiving the largest number of votes in the
election is less than 1 percent of the total votes cast in the
election, the hand counts of the voter-verified paper ballots
shall occur in 10 percent of all precincts (or equivalent
locations) in the Congressional district involved (in the case
of an election for the House of Representatives) or the State
(in the case of any other election for Federal office).
``(2) In the event that the initial vote count under
section 324(a)(1) reveals that the margin of victory between
the two candidates receiving the largest number of votes in the
election is greater than or equal to 1 percent but less than 2
percent of the total votes cast in the election, the hand
counts of the voter-verified paper ballots shall occur in 5
percent of all precincts (or equivalent locations) in the
Congressional district involved (in the case of an election for
the House of Representatives) or the State (in the case of any
other election for Federal office).
``(3) In the event that the unofficial count as described
in section 324(a)(1) reveals that the margin of victory between
the two candidates receiving the largest number of votes in the
election is equal to or greater than 2 percent of the total
votes cast in that election, the hand counts of the voter-
verified paper ballots shall occur in 3 percent of all
precincts (or equivalent locations) in the Congressional
district (in the case of an election for the House of
Representatives) or the State (in the case of any other
election for Federal office).
``(b) Use of Alternate Mechanism.--Notwithstanding subsection (a),
a State may adopt and apply an alternative mechanism to determine the
number of voter-verified paper ballots that will be subject to the hand
counts required under this subtitle with respect to an election, so
long as the National Institute of Standards and Technology determines
that the alternative mechanism will be at least as effective in
ensuring the accuracy of the election results and as transparent as the
procedure under subsection (a).
``SEC. 323. SELECTION OF PRECINCTS.
``The selection of the precincts in the State in which the manual
audit shall be conducted under this subtitle shall be made by the chief
auditor on an entirely random basis using a uniform distribution in
which all precincts (or other audited units permitted pursuant to
section 322(b)) in a State have an equal chance of being selected, in
accordance with such procedures as the chief auditor determines
appropriate, except that--
``(1) at least one precinct or audited unit (or equivalent
jurisdiction) shall be selected in each county (or equivalent
jurisdiction);
``(2) the chief auditor shall publish the procedures prior
to the selection of the precincts or audited units; and
``(3) the chief auditor shall conduct and announce the
selection of the precincts at a public meeting.
``SEC. 324. PROCEDURE FOR CONDUCTING AUDITS.
``(a) In General.--The chief auditor shall administer the conduct
of an audit under this section of the results of an election in
accordance with the following procedures:
``(1) As soon as practicable following the closing of the
polls, local or county election officials shall complete the
initial vote count for every precinct and publicly announce and
report to the State the results of each initial vote count.
``(2) Not later than 24 hours after the State announces the
final vote count in each precinct in the State, the chief
auditor shall determine and then announce the precincts (or
other auditable units) in the State in which audits will be
conducted.
``(3) As soon as practicable after the announcement of the
precincts (or other auditable units) in which an audit shall be
conducted, local or county elections staff, or wherever
appropriate the chief auditor, shall begin to count by hand the
voter-verified ballots produced and preserved under section
301(a)(2)(A) in each precinct (or other auditable unit) in
which the audit will be conducted and compare those ballots
with the initial count of such votes as announced by the State.
``(4) Local or county officials shall conduct the recount
using procedures developed in consultation with the chief
auditor and operating under the oversight of the chief auditor.
``(b) Additional Audits if Cause Shown.--If the chief auditor finds
that any of the hand counts conducted under this section do not match
the initial vote count of the results of an election, the chief auditor
shall administer hand counts under this section of such additional
precincts (or equivalent jurisdictions) as the chief auditor considers
appropriate to resolve any concerns about the accuracy of the results.
``(c) Public Observation of the Audit.--The audits conducted under
this subtitle shall be conducted in a manner that allows for
observation by the public. Each State shall issue uniform and
nondiscriminatory standards for granting access to the audit that
include reasonable restrictions designed to avoid disruption and
crowding of the audit.
``(d) No Preclusion of State Audits.--Nothing in this subtitle
shall be construed to preclude a State from conducting audits or
recounts of the election in addition to those audits required under
this subtitle.
``SEC. 325. PUBLICATION OF RESULTS.
``(a) Submission to Commission.--As soon as practicable after the
completion of an audit conducted under this subtitle, the Chief Auditor
of a State shall submit to the Commission a report containing the
results of the audit, including a list of any discrepancies between the
initial vote count and any subsequent manual counts of the voter-
verified paper record by precinct or audited unit, any explanations for
such discrepancies, and a tally of all overvotes, undervotes, blank
ballots, spoiled ballots, and cancellations recorded on the voter-
verified paper record.
``(b) Publication by Commission.--Immediately after receiving the
submission of the results of an audit from the Chief Auditor of a State
under subsection (a), the Commission shall announce and publish the
information contained in the submission.
``SEC. 326. PAYMENTS TO STATES.
``(a) Payments for Costs of Conducting Audits.--The Commission
shall make a payment to a State to cover the reasonable costs incurred
by the State in carrying out this subtitle with respect to the
elections that are the subject of the audits conducted under this
subtitle.
``(b) Authorization of Appropriations.--There are authorized to be
appropriated to the Commission for fiscal year 2008 and each succeeding
fiscal year such sums as may be necessary for payments under this
section.
``SEC. 327. EFFECTIVE DATE.
``This subtitle shall apply with respect to regularly scheduled
general elections for Federal office beginning with the elections held
in November 2008.''.
(b) Availability of Enforcement.--Section 401 of such Act (42
U.S.C. 15511) is amended by striking the period at the end and
inserting the following: ``, or the requirements of subtitle C of title
III.''.
(c) Study of Selection of Precincts for Manual Audits.--Not later
than 1 year after the date of the enactment of this Act, the Election
Assistance Commission shall conduct a study and make recommendations on
methods to ensure that the mandatory manual audits conducted under
subtitle C of title III of the Help America Vote Act of 2002 (as added
by subsection (a)) reflect a representative demographic (including by
socioeconomic, age, and ethnicity) in the selection of the precincts or
other audited units subject to the audits.
SEC. 103. SPECIFIC, DELINEATED REQUIREMENT OF STUDY, TESTING, AND
DEVELOPMENT OF BEST PRACTICES.
(a) In General.--Subtitle C of title II of the Help America Vote
Act of 2002 (42 U.S.C. 15381 et seq.) is amended--
(1) by redesignating section 247 as section 250; and
(2) by inserting after section 246 the following new
sections:
``SEC. 247. STUDY, TESTING, AND DEVELOPMENT OF BEST PRACTICES TO
IMPROVE VOTING SYSTEMS AND ENHANCE ACCESSIBILITY AND
VOTER-VERIFICATION MECHANISMS FOR VOTERS WITH
DISABILITIES.
``(a) Study; Development of Best Practices.--The Director of the
National Institute of Standards and Technology shall study, test, and
develop best practices to investigate and encourage existing and
potential emerging technologies in voting systems and design
innovations, and enhance the accessibility of ballot verification
mechanisms for individuals with disabilities, for alternative language
voters, and for voters with difficulties in literacy, including best
practices for the mechanisms themselves and the processes through which
the mechanisms are used.
``(b) Deadline.--The Director shall complete the requirements of
subsection (a) not later than January 1, 2010.
``(c) Authorization of Appropriations.--There are authorized to be
appropriated to carry out subsection (a) $5,000,000, to remain
available until expended.
``SEC. 248. STUDY, TESTING, AND DEVELOPMENT OF BEST PRACTICES REGARDING
BALLOT CHAIN OF CUSTODY.
``The Commission shall study, test, and develop best practices for
documenting the chain of custody for election ballots.
``SEC. 249. STUDY, TESTING, AND DEVELOPMENT OF BEST PRACTICES FOR
DESIGN AND USABILITY TESTING OF BALLOTS.
``(a) Study and Report.--
``(1) In general.--The National Institute for Standards and
Technology shall conduct or contract with one or more parties
to conduct studies on the best practices for ballot design,
ballot instructions, and the testing of ballots, and shall
produce one or more reports examining which practices increase
and decrease the likelihood that voter intent is accurately
recorded.
``(2) Deadline.--The National Institute for Standards and
Technology shall complete and make available to the public the
studies and reports described in paragraph (1) not later than
February 1, 2008.
``(3) Authorization of appropriations.--There are
authorized to be appropriated to the National Institute of
Standards and Technology $1,000,000 to carry out this
subsection.
``(b) Guidance.--Not later than May 1, 2008, the Commission shall
adopt voluntary guidance on the best practices for ballot design,
instructions, and testing based on the study and report under
subsection (a).''.
(b) Clerical Amendment.--The table of contents of such Act is
amended--
(1) by redesignating the item relating to section 247 as
relating to section 250; and
(2) by inserting after the item relating to section 246 the
following:
``Sec. 247. Study, testing, and development of best practices to
improve voting systems and enhance
accessibility and voter-verification
mechanisms for voters with disabilities.
``Sec. 248. Study, testing, and development of best practices regarding
ballot chain of custody.
``Sec. 249. Study, testing, and development of best practices for
design and usability testing of ballots.''.
(c) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act.
SEC. 104. VOTER-VERIFICATION AND AUDIT CAPACITY FUNDING.
(a) In General.--Subtitle D of title II of the Help America Vote
Act of 2002 (42 U.S.C. 15401 et seq.), as amended by this Act, is
amended by adding at the end the following new part:
``PART 8--VOTER-VERIFICATION AND AUDIT CAPACITY FUNDING
``SEC. 297A. VOTER-VERIFICATION AND AUDIT CAPACITY FUNDING.
``(a) Payments to States.--Subject to subsection (b), not later
than the date that is 30 days after the date of the enactment of the
Count Every Vote Act of 2007, the Commission shall pay to each State an
amount to assist the State in paying for the implementation of the
voter-verification and audit capacity requirements of paragraphs (2)
and (3) of section 301(a), as amended by subsections (a) and (b) of
section 101 of the Count Every Vote Act of 2007.
``(b) Limitation.--The amount paid to a State under subsection (a)
for each voting system purchased by a State may not exceed the average
cost of adding a printer with accessibility features to each type of
voting system that the State could have purchased to meet the
requirements described in such subsection.
``(c) Appropriations.--
``(1) Payments to states.--There are authorized and
appropriated $500,000,000, without fiscal year limitation, to
make payments to States under this section.
``(2) Assistance by commission.--There are authorized and
appropriated $20,000,000 to the Commission, for each of fiscal
years 2008 through 2012, in addition to any amounts otherwise
appropriated for administrative costs, to assist with the
implementation of voter verification systems and improved
security measures.''.
(b) Clerical Amendment.--The table of contents of such Act, as
amended by this Act, is amended by adding at the end of the items
relating to subtitle D of title II the following:
``Part 8--Voter-Verification and Audit Capacity Funding
``Sec. 297A. Voter-verification and audit capacity funding.''.
(c) Effective Date.--The amendment made by this section shall take
effect on the date of the enactment of this Act.
SEC. 105. REPORTS AND PROVISION OF SECURITY CONSULTATION SERVICES.
(a) In General.--Subtitle C of title II of the Help America Vote
Act of 2002 (42 U.S.C. 15381 et seq.), as amended by this Act, is
amended by inserting after section 249 the following new section.
``SEC. 249A. REPORTS AND PROVISION OF SECURITY CONSULTATION SERVICES.
``(a) Report to Congress on Security Review.--Not later than 6
months after the date of the enactment of the Count Every Vote Act of
2007, the Commission, in consultation with the Director of the National
Institute of Standards and Technology, shall submit to Congress a
report on a proposed security review and certification process for all
voting systems used in elections for Federal office, including a
description of the certification process to be implemented under
section 231.
``(b) Report to Congress on Operational and Management Systems.--
Not later than 3 months after the date of the enactment of the Count
Every Vote Act of 2007, the Commission shall submit to Congress a
report on operational and management systems applicable with respect to
elections for Federal office, including the security standards for
manufacturers described in section 301(a)(12), that should be employed
to safeguard the security of voting systems, together with a proposed
schedule for the implementation of each such system.
``(c) Provision of Security Consultation Services.--
``(1) In general.--On and after the date of the enactment
of the Count Every Vote Act of 2007, the Commission, in
consultation with the Director of the National Institute of
Standards and Technology, shall provide security consultation
services to States and local jurisdictions with respect to the
administration of elections for Federal office.
``(2) Appropriations.--To carry out the purposes of
paragraph (1), there are authorized and appropriated $2,000,000
for each of fiscal years 2008 through 2012.''.
(b) Clerical Amendment.--The table of contents of such Act, as
amended by this Act, is amended by inserting after the item relating to
section 249 the following:
``Sec. 249A. Reports and provision of security consultation
services.''.
SEC. 106. IMPROVEMENTS TO VOTING SYSTEMS.
(a) In General.--Section 301(a)(1)(B) of the Help America Vote Act
of 2002 (42 U.S.C. 15481(a)(1)(B)) is amended by striking ``, a punch
card voting system, or a central count voting system''.
(b) Clarification of Requirements for Punch Card Systems.--Section
301(a)(1)(A) of such Act (42 U.S.C. 15481(a)(1)(A)) is amended in the
matter preceding clause (i) by striking ``any lever voting system'' and
inserting ``any punch card voting system, lever voting system''.
(c) Residual Vote Benchmark.--Section 301(a)(5) of such Act (42
U.S.C. 15481(a)(5)) is amended to read as follows:
``(5) Error rates.--
``(A) Initial rates.--With respect to elections
occurring prior to the regularly scheduled general
election held in November 2008, the error rate of the
voting system in counting ballots (determined by taking
into account only those errors which are attributable
to the voting system and not attributable to an act of
the voter) shall comply with the error rate standards
established under section 3.2.1 of the voting systems
standards issued by the Federal Election Commission
which are in effect on the date of the enactment of
this Act.
``(B) Application of commission standards.--With
respect to the regularly scheduled general election for
Federal office held in November 2008 and each
subsequent election for Federal office, the error rate
of the voting system in counting ballots (determined by
taking into account only those errors which are
attributable to the voting system and not attributable
to an act of the voter) shall not exceed the error rate
standards established under the voting systems
standards issued and maintained by the Commission.
``(C) Residual ballot performance benchmark.--In
addition to the error rate standards described in
subparagraph (B), the Commission shall issue and
maintain a uniform benchmark for the residual ballot
error rate that jurisdictions may not exceed. For
purposes of the preceding sentence, the residual vote
error rate shall be equal to the combination of
overvotes, spoiled or uncountable votes, and undervotes
cast in the contest at the top of the ballot, but
excluding an estimate, based upon the best available
research, of intentional undervotes. The Commission
shall base the benchmark issued and maintained under
this subparagraph on evidence of good practices in
representative jurisdictions.
``(D) Historically high intentional undervotes.--
``(i) Finding.--Congress finds that there
are certain distinct communities in certain
geographic areas that have historically high
rates of intentional undervoting in elections
for Federal office, relative to the rest of the
Nation.
``(ii) Treatment of certain distinct
communities.--In establishing the benchmark
described in subparagraph (B), the Election
Assistance Commission shall--
``(I) study and report to Congress
on the occurrences of distinct
communities that have significantly
higher than average rates of historical
intentional undervoting; and
``(II) promulgate for local
jurisdictions in which that distinct
community has a substantial presence
either a separate benchmark or an
exclusion from the national benchmark,
as appropriate.''.
SEC. 107. REQUIREMENTS FOR TESTING LABORATORIES.
(a) Requirements for Laboratories.--Section 231 of the Help America
Vote Act of 2002 (42 U.S.C. 15371(b)) is amended--
(1) by redesignating subsections (c) and (d) as subsections
(h) and (i); and
(2) by inserting after subsection (b) the following new
subsections:
``(c) Escrow Fund for Payment of Laboratories.--
``(1) Establishment of escrow account.--The Commission
shall establish an escrow account (to be known as the Testing
Escrow Account) for making payments to accredited laboratories
for the costs of the testing carried out in connection with the
certification, decertification, and recertification of voting
system hardware and software.
``(2) Schedule of fees.--In consultation with the
accredited laboratories, the Commission shall establish and
regularly update a schedule of fees for the testing carried out
in connection with the certification, decertification, and
recertification of voting system hardware and software, based
on the reasonable costs expected to be incurred by the
accredited laboratories in carrying out the testing for various
types of hardware and software.
``(3) Requests and payments by manufacturers.--A
manufacturer of voting system hardware and software may not
have the hardware or software tested by an accredited
laboratory under this section unless--
``(A) the manufacturer submits a detailed request
for the testing to the Commission; and
``(B) the manufacturer pays to the Commission, for
deposit into the Testing Escrow Account, the applicable
fee under the schedule established and in effect under
paragraph (2).
``(4) Selection of laboratory.--Upon receiving a request
for testing and the payment from a manufacturer required under
paragraph (3)(B), the Commission shall select at random, from
all laboratories which are accredited under this section to
carry out the specific testing requested by the manufacturer,
an accredited laboratory to carry out the testing. The
Commission may exclude from the selection process any
laboratory that the Commission determines does not have the
resources to complete the required testing in a timely manner.
``(5) Payments to laboratories.--Upon receiving a
certification from a laboratory selected to carry out testing
pursuant to paragraph (4) that the testing is completed, along
with a copy of the results of the test as required under
subsection (d)(1)(D), the Commission shall make a payment to
the laboratory from the Testing Escrow Account in an amount
equal to the applicable fee paid by manufacturer under
paragraph (3)(B).
``(d) Prohibition of Conflict of Interest.--
``(1) In general.--A laboratory may not be accredited by
the Commission for purposes of this section unless--
``(A) the laboratory certifies that the only
compensation it receives for the testing carried out in
connection with the certification, decertification, and
recertification of the manufacturers voting system
hardware and software is the payment made from the
Testing Escrow Account established under subsection
(c)(1);
``(B) the laboratory meets the standards applicable
to the manufacturers of voting systems under section
301(a)(12)(B)(vi), together with such standards as the
Commission shall establish (after notice and
opportunity for public comment) to prevent the
existence or appearance of any conflict of interest in
the testing carried out by the laboratory under this
section, including standards to ensure that the
laboratory does not have a financial interest in the
manufacture, sale, and distribution of voting system
hardware and software, and is sufficiently independent
from other persons with such an interest;
``(C) the laboratory certifies that it will permit
an expert designated by the Commission to observe any
testing the laboratory carries out under this section;
and
``(D) the laboratory, upon completion of any
testing carried out under this section, discloses the
test protocols, results, and all communication between
the laboratory and the manufacturer to the Commission.
``(2) Availability of results.--Upon receipt of information
under paragraph (1), the Commission shall make the information
available promptly to election officials and the public.
``(e) Testing Results; Publication.--
``(1) In general.--Upon completion of any testing carried
out under this section, a laboratory shall disclose the test
protocols and results to the Commission.
``(2) Publication.--Upon receipt of the information
required under subsection (1), the Commission shall make such
information available to election officials and the public. If
the Commission revokes, terminates, or suspends the
accreditation of a laboratory under this section, the
Commission shall promptly notify Congress, the chief State
election official of each State, and the public.
``(f) Reports.--
``(1) In general.--Each accredited laboratory shall provide
an annual report to the Commission and the National Institute
of Standards and Technology that sets out the following:
``(A) The methods and protocols the laboratory used
to test, certify, decertify and recertify machines
under this section.
``(B) A list of the directors and officers of the
firm, and the background and qualifications of those
individuals, including whether any individual has ever
been convicted of a crime involving election,
accounting, or computer security fraud.
``(C) The results of the tests, certifications,
decertifications and re-certifications conducted under
this section in the preceding year.
``(2) Publication.--The Commission, in consultation with
the National Institute of Standards and Technology, shall
submit an annual report to the Congress on the laboratory
testing and certification process conducted under this section,
including a summary of the reports it receives under paragraph
(1) of this subsection.''.
(b) Conforming Amendments.--Section 231 of such Act (42 U.S.C.
15371) is further amended--
(1) in subsection (a)(1), by striking ``testing,
certification,'' and all that follows and inserting the
following: ``testing of voting system hardware and software by
accredited laboratories in connection with the certification,
decertification, and recertification of the hardware and
software for purposes of this Act.'';
(2) in subsection (a)(2), by striking ``testing,
certification,'' and all that follows and inserting the
following: ``testing of its voting system hardware and software
by the laboratories accredited by the Commission under this
section in connection with certifying, decertifying, and
recertifying the hardware and software.'';
(3) in subsection (b)(1), by striking ``testing,
certification, decertification, and recertification'' and
inserting ``testing''; and
(4) in subsection (i) (as redesignated above), by striking
``testing, certification, decertification, and
recertification'' each place it appears and inserting
``testing''.
(c) Deadline for Establishment of Standards and Escrow Account.--
The Election Assistance Commission shall establish the standards
described in section 231(d)(1)(B) of the Help America Vote Act of 2002
and the Testing Escrow Account described in section 231(c)(1) of such
Act by not later than January 1, 2008.
TITLE II--PROVISIONAL BALLOTS
SEC. 201. REQUIREMENTS FOR CASTING AND COUNTING PROVISIONAL BALLOTS.
(a) Eligibility of Provisional Ballots.--Paragraph (4) of section
302(a) of the Help America Vote Act of 2002 (42 U.S.C. 15482(a)(4)) is
amended by adding at the end the following new sentence: ``A properly
registered voter who casts a provisional ballot in the county (or
equivalent jurisdiction) in which the individual is registered to vote
shall have the ballot counted as a vote in all races in which the
individual is eligible to vote. A provisional ballot cast by an
eligible and registered voter shall be counted as a vote without regard
to any requirement to present identification to an election
official.''.
(b) Provisional Ballot as Application for Voter Registration.--
Section 302(a) of such Act is amended by inserting after paragraph (5)
the following new paragraph:
``(6) If the appropriate State or local election official
determines that the individual who cast the provisional ballot
is not registered to vote in the election, the provisional
ballot shall be treated as an application to register the
individual to vote in the next election for Federal office in
that State. If the State or local election official determines
that the individual is registered to vote in the election, the
official shall use the information in the provisional ballot to
update the voters registration records.''.
(c) Timely Processing of Ballots.--
(1) In general.--Section 302(a) of such Act (42 U.S.C.
15482(a)), as amended by subsection (c), is amended by
inserting after paragraph (5) the following new paragraph:
``(7) The appropriate State election official shall
develop, according to guidelines established by the Election
Assistance Commission, reasonable procedures to assure the
timely processing and counting of provisional ballots,
including--
``(A) standards for timely processing and counting
to assure that, after the conclusion of the provisional
vote count, parties and candidates may have full,
timely, and effective recourse to the recount and
contest procedures provided by State law; and
``(B) standards for the informed participation of
candidates and parties such as are consistent with
reasonable procedures to protect the security,
confidentiality, and integrity of personal information
collected in the course of the processing and counting
of provisional ballots.''.
(2) Effective date.--Section 302(d) of such Act (42 U.S.C.
15482(d)) is amended--
(A) by striking ``Each State'' and inserting the
following:
``(1) In general.--Except as provided in paragraph (2),
each State; and''.
(B) by adding at the end the following new
paragraph:
``(2) Processing.--Each State shall be required to develop
and publish the guidelines required under subsection (a)(7) not
later than the expiration of the 6-month period which begins on
the date of the enactment of the Count Every Vote Act of
2007.''.
(d) Publication of Standards for Counting Provisional Ballots.--
Section 302(a) of such Act (42 U.S.C. 15482(a)), as amended by
subsections (b) and (c), is amended by inserting after paragraph (7)
the following new paragraph:
``(8) Not later than 90 days prior to any election for
Federal office, each State shall publish uniform standards for
counting provisional ballots.''.
TITLE III--ADDITIONAL REQUIREMENTS UNDER THE HELP AMERICA VOTE ACT OF
2002
Subtitle A--Shortening Voter Wait Times
SEC. 301. EQUITABLE ALLOCATION OF VOTING SYSTEMS, POLL WORKERS, AND
ELECTION RESOURCES.
(a) Minimum Requirements.--
(1) In general.--Title III of the Help America Vote Act of
2002 (42 U.S.C. 15481 et seq.), as amended by section 102(a),
is amended by adding at the end the following new subtitle:
``Subtitle D--Additional Requirements
``SEC. 331. MINIMUM REQUIRED VOTING SYSTEMS AND POLL WORKERS.
``(a) In General.--Each State shall provide for the minimum
required number of voting systems, poll workers, and other election
resources (including all other physical resources) for each voting site
on the day of any Federal election and on any days during which such
State allows early voting for a Federal election in accordance with the
standards determined under section 299.
``(b) Voting Site.--For purposes of this section, the term `voting
site' means a polling location, except that in the case of any polling
location which serves more than 1 precinct, such term shall mean a
precinct.''.
(2) Conforming amendment.--Section 401 of such Act (42
U.S.C. 15511), as amended by section 102(b), is amended by
striking ``subtitle C'' and inserting ``subtitles C and D''.
(3) Clerical amendment.--The table of contents of such Act
is amended by adding at the end of the items relating to title
III the following:
``Subtitle D--Additional Requirements
``Sec. 331. Minimum required voting systems and poll workers.''.
(b) Standards.--
(1) In general.--Title II of such Act (42 U.S.C. 15321 et
seq.) is amended by adding at the end the following new
subtitle:
``Subtitle E--Guidance and Standards
``SEC. 299. STANDARDS FOR THE EQUITABLE ALLOCATION OF VOTING SYSTEMS,
POLL WORKERS, AND ELECTION RESOURCES.
``(a) In General.--Not later than January 1, 2008, the Commission
shall conduct a study and then issue standards that establish a minimum
number of voting systems, poll workers, and other election resources
(including all other physical resources) for each voting site on the
day of any Federal election and on any days during which early voting
is allowed for a Federal election.
``(b) Distribution.--
``(1) In general.--The standards described in subsection
(a) shall provide for a uniform and nondiscriminatory
distribution of such systems, workers, and other resources,
and, to the extent possible, shall take into account, among
other factors, the following:
``(A) The voting age population.
``(B) Voter turnout in past elections.
``(C) The number of voters registered.
``(D) The number of voters who have registered
since the most recent Federal election.
``(E) Census data for the population served by such
voting site.
``(F) The educational levels and socio-economic
factors of the population served by such voting site.
``(G) The needs and numbers of voters with
disabilities and voters with limited English
proficiency.
``(H) The type of voting systems used.
``(2) No factor dispositive.--The standards shall provide
that the distribution of such systems should take into account
the totality of all relevant factors, and no single factor
shall be dispositive under the standards.
``(3) Purpose.--To the extent possible, the standards shall
provide for a distribution of voting systems, poll workers, and
other election resources with the goals of--
``(A) ensuring a fair and equitable waiting time
for all voters in the State; and
``(B) preventing a waiting time of over 1 hour at
any voting site.
``(c) Voting Site.--For purposes of this section, the term `voting
site' means a polling location, except that in the case of any polling
location which serves more than 1 precinct, such term shall mean a
precinct.
``(d) Deviation.--The standards described in subsection (a) shall
permit States, upon giving reasonable public notice, to deviate from
any allocation requirements in the case of unforeseen circumstances
such as a natural disaster or terrorist attack.''.
(2) Conforming amendment.--Section 202 of such Act (42
U.S.C. 15322) is amended--
(A) by redesignating paragraphs (5) and (6) as
paragraphs (6) and (7); and
(B) by inserting after paragraph (4) the following
new paragraph:
``(5) carrying out the duties described under subtitle
E;''.
(3) Clerical amendment.--The table of contents of such Act
is amended by adding at the end of the items relating to title
II the following:
``Subtitle E--Guidance and Standards
``Sec. 299. Standards for the equitable allocation of voting systems,
poll workers, and election resources.''.
SEC. 302. STATE PLANS TO PREVENT UNREASONABLE WAIT TIMES; REMEDIAL
PLANS; EMERGENCY BALLOTS.
(a) State Plans Required.--Title III of the Help America Vote Act
of 2002 (42 U.S.C. 15481 et seq.) is amended--
(1) by redesignating sections 304 and 305 as sections 305
and 306; and
(2) by inserting after section 303 the following new
section:
``SEC. 304. ALLOCATION OF ELECTION RESOURCES.
``(a) State Plans To Prevent Unreasonable Voter Waiting Times.--
``(1) In general.--Not later than 60 days before each
election for Federal office, each State shall submit a written
plan to the Commission describing the measures it is
implementing to ensure, to the greatest extent possible, an
equitable waiting time for all voters in the State, and a
waiting time of less than 1 hour at any polling place in the
election.
``(2) Publication.--Not later than 30 days after receiving
a State plan under paragraph (1), the Commission shall make the
plan available to the public.
``(b) Remedial Plans for States With Excessive Voter Wait Times.--
``(1) Compliance with state remedial plans.--
``(A) Remedial plans.--Each jurisdiction for which
the Commission determines that a substantial number of
voters waited more than 90 minutes to cast a vote in an
election for Federal office, or in which there were
substantial violations of the standards established
under section 299 with respect to an election for
Federal office, shall comply with a State remedial plan
established by the Commission to provide for the
effective allocation of resources to administer
elections held in the State and to reduce the waiting
time of voters.
``(B) Coordination with attorney general and
states.--Each remedial plan established by the
Commission shall provide for coordination between the
Commission, the Attorney General, and the State
involved to monitor the compliance of the State with
the remedial plan during the period leading up to the
election and on the date of the election and to respond
to serious delays in the ability of voters to cast
their ballots at polling places.
``(2) Jurisdiction defined.--For purposes of this
subsection, the term `jurisdiction' has the meaning given the
term `registrar's jurisdiction' in section 8(j) of the National
Voter Registration Act of 1993 (42 U.S.C. 1973gg-6(j)).
``(c) Emergency Ballots.--
``(1) In general.--In the event of a failure of voting
equipment or other circumstance at a polling place that causes
an unreasonable delay, any individual who is waiting at the
polling place to cast a ballot in an election for Federal
office at the time of the failure shall be advised immediately
of the individuals right to use an emergency paper ballot, and
upon request shall be provided with an emergency paper ballot
for the election and the supplies necessary to mark the ballot.
``(2) Disposition of ballot.--Any emergency paper ballot
which is cast by an individual under this subsection shall be
counted in the same manner as a regular ballot, unless the
individual casting the ballot would have otherwise been
required to cast a provisional ballot in the absence of the
delay, in which case that ballot shall be treated in the same
manner as a provisional ballot.''.
(b) Clerical Amendment.--The table of contents of such Act, as
amended by this Act, is amended--
(1) by redesignating the items relating to sections 304 and
305 as relating to sections 305 and 306; and
(2) by inserting after the item relating to section 303 the
following new item:
``Sec. 304. Allocation of election resources.''.
(c) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act.
Subtitle B--No-Excuse Absentee Voting
SEC. 311. NO-EXCUSE ABSENTEE VOTING.
(a) In General.--Subtitle D of title III of the Help America Vote
Act of 2002, as added by this Act, is amended by adding at the end the
following new section:
``SEC. 332. NO-EXCUSE ABSENTEE VOTING.
``(a) In General.--Each State and jurisdiction shall permit any
person who is otherwise qualified to vote in an election for Federal
office to vote in such election in a manner other than in person, and
shall not impose any additional conditions or restrictions on absentee
voting other than a reasonable deadline for requesting and returning
the ballot.
``(b) Submission and Processing.--
``(1) In general.--Any ballot cast under subsection (a)
shall be submitted and processed in the manner provided for
absentee ballots under State law.
``(2) Deadline.--Any ballot cast under subsection (a) shall
be counted if postmarked before the close of the polls on
Election Day and received by the appropriate State election
official on or before the date which is 10 days after the date
of the election or the date provided for the receipt of
absentee ballots under State law, whichever is later.
``(c) No Effect on Absent Uniformed and Overseas Voters.--Nothing
in this section may be construed to permit a State or jurisdiction to
revise any deadline applicable with respect to any absentee ballot
requested or submitted by an individual under the Uniformed and
Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-1 et seq.).''.
(b) Clerical Amendment.--The table of contents of such Act, as
amended by this Act, is amended by adding at the end of the items
relating to subtitle D of title III the following:
``Sec. 332. No-excuse absentee voting.''.
Subtitle C--Collection and Dissemination of Election Data
SEC. 321. DATA COLLECTION.
(a) In General.--Subtitle D of title III of the Help America Vote
Act of 2002, as added and amended by this Act, is amended by adding at
the end the following new section:
``SEC. 333. PUBLIC REPORTS ON FEDERAL ELECTIONS.
``(a) In General.--Not later than 6 months after a Federal
election, each State and jurisdiction shall publicly report information
with respect to such election, including the following:
``(1) The total number of individuals of voting age in the
population.
``(2) The total number of individuals registered to vote,
and a breakdown of the number based on demographic criteria
including age, gender, race and ethnicity.
``(3) The total number of registered voters who voted, and
a breakdown of the number based on demographic criteria
including age, gender, race and ethnicity.
``(4) The number of absentee and overseas ballots
requested, including the numbers of such ballots requested by
military personnel and citizens living overseas.
``(5) The number of absentee and overseas ballots cast,
including the numbers of such ballots cast by military
personnel and citizens living overseas.
``(6) The total number of absentee and overseas ballots
counted, including the number of such ballots which were cast
by military personnel and citizens living overseas that were
counted.
``(7) The total number of absentee and overseas ballots
rejected, including the numbers of such ballots which were cast
by military personnel and citizens living overseas that were
rejected, and the reasons for any such rejections.
``(8) The number of votes cast in early voting at the polls
before the day of the election.
``(9) The number of provisional ballots cast.
``(10) The number of provisional ballots counted.
``(11) The number of provisional ballots rejected and the
reasons the ballots were rejected.
``(12) The number of voting sites (within the meaning of
section 321(b)) in the State or jurisdiction, including how
many voting sites were moved since the last election and the
reason for the move.
``(13) The number of voting machines in each such voting
site on the day of the election and the type and manufacturer
of each machine.
``(14) The total number of voting machines available in the
State or jurisdiction for distribution to each such voting
site.
``(15) The total number of voting machines actually
distributed to such voting sites (including voting machines
distributed as replacement voting machines on the day of the
election), and where they were distributed.
``(16) The total number of voting machines of any type,
whether electronic or manual, that malfunctioned on the day of
the election and the reason for any malfunction.
``(17) The total number of voting machines that were
replaced on the day of the election.
``(18) The amount of money the State or jurisdiction
expended on the election, including the amount expended on
voting machines, ballots, training materials, and other
election resources.
``(b) Report by Commission.--The Commission shall collect the
information published under subsection (a) with respect to an election
and shall report to Congress not later than 9 months after the date of
the election the following:
``(1) The funding and expenditures of each State under the
provisions of this Act.
``(2) The voter turnout in the election.
``(3) The number of registered voters and the number of
individuals eligible to register who are not registered.
``(4) The number of voters who have registered to vote in a
Federal election since the most recent such election.
``(5) The extent to which voter registration information
has been shared among government agencies (including any
progress on implementing statewide voter registration databases
under section 303(a)).
``(6) The number, types and manufacturers of new voting
systems purchased by States and jurisdictions.
``(7) The amount of time individuals waited to vote.
``(8) The number of early votes, provisional votes,
absentee ballots, and overseas ballots distributed, cast, and
counted.
``(9) The amount of training that poll workers received.
``(10) The number of poll workers.
``(11) The number of polling locations and precincts.
``(12) The ratio of the number of voting machines to the
number of registered voters.
``(13) Such other information pertaining to electoral
participation as the Commission deems appropriate.''.
(b) Clerical Amendment.--The table of contents of such Act, as
amended by this Act, is amended by adding at the end of the items
relating to subtitle D of title III the following:
``Sec. 333. Public reports on Federal elections.''.
Subtitle D--Ensuring Well-Run Elections
SEC. 331. TRAINING OF POLL WORKERS.
(a) Training.--
(1) In general.--Subtitle D of title III of the Help
America Vote Act of 2002, as added and amended by this Act, is
amended by adding at the end the following new section:
``SEC. 334. TRAINING OF POLL WORKERS.
``(a) In General.--Each State and jurisdiction shall require that
each person who works in a polling place during an election for Federal
office receives adequate training not earlier than 3 months before the
election.
``(b) Training.--The training required under subsection (a) shall,
at a minimum, include--
``(1) hands-on training on all voting systems used in the
election;
``(2) training on accommodating individuals with
disabilities, individuals who are of limited English
proficiency, and individuals who are illiterate;
``(3) training on requirements for the identification of
voters;
``(4) training on the appropriate use of provisional
ballots and the process for casting such ballots;
``(5) training on registering voters on the day of the
election;
``(6) training on which individuals have the authority to
challenge voter eligibility and the process for any such
challenges;
``(7) training on security procedures; and
``(8) the development and distribution to poll workers of
statewide and uniform training manuals.''.
(2) Clerical amendment.--The table of contents of such Act,
as amended by this Act, is amended by adding at the end of the
items relating to subtitle D of title III the following:
``Sec. 334. Training of poll workers.''.
(b) Grant Program.--
(1) In general.--Subtitle D of title II of the Help America
Vote Act of 2002 (42 U.S.C. 15401 et seq.), as amended by this
Act, is amended by adding at the end the following new part:
``PART 9--POLL WORKER TRAINING GRANT PROGRAM
``SEC. 297B. POLL WORKER TRAINING GRANT PROGRAM.
``(a) In General.--The Commission shall make grants to States and
other jurisdictions to train individuals to serve as poll workers in
elections for Federal office.
``(b) Use of Funds.--
``(1) In general.--A recipient of a grant under this
section shall use the funds provided by the grant to develop
training materials and procedures for poll workers and provide
poll workers with the necessary training to effectively and
fairly administer elections for Federal office.
``(2) Contents of training.--The training provided to poll
workers with the payment made under this section shall
include--
``(A) hands-on training on the functioning of the
voting systems used in the election;
``(B) training on how to prevent, detect and
address problems with voting systems used in the
election;
``(C) training on accommodating individuals with
disabilities or other specific needs;
``(D) training on requirements for the
identification of voters;
``(E) training on the appropriate use of
provisional ballots and the process for casting such
ballots; and
``(F) training through the development and
distribution of educational materials.
``(c) Eligibility.--
``(1) In general.--A State or jurisdiction is eligible to
receive a grant under this section with respect to a fiscal
year if it submits to the Commission a notice not later than 3
months before the first day of the fiscal year (in such form as
the Commission may require) that contains--
``(A) certifications that the State or jurisdiction
will use the grant (either directly or as
reimbursement) for the uses described in subsection
(b); and
``(B) such other information and certifications as
the Administrator may require which are necessary for
the administration of the program.
``(2) Compliance of states that require changes to state
law.--In the case of a State or jurisdiction located in a State
that requires the enactment of State legislation to carry out
an activity covered by any certification submitted under this
subsection, the State or jurisdiction 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 or jurisdiction shall submit an additional
certification once such legislation is enacted.
``(d) Reports.--
``(1) In general.--Each recipient of a grant under this
section shall submit to the Commissioner a report describing
the activities carried out with the funds provided under the
grant.
``(2) Deadline.--The recipient of a grant shall submit the
report required under paragraph (1) not later than 60 days
after the end of the fiscal year for which the entity received
the grant which is the subject of the report.
``(e) Authorization of Appropriations.--There are authorized to be
appropriated for grants under this part $20,000,000 for each of the
fiscal years 2008, 2009, 2010, and 2011.''.
(2) Clerical amendment.--The table of contents of such Act,
as amended by this Act, is amended by adding at the end of the
items relating to subtitle D of title II the following:
``Part 9--Poll Worker Training Grant Program
``Sec. 297B. Poll worker training grant program.''.
SEC. 332. IMPARTIAL ADMINISTRATION OF ELECTIONS.
(a) In General.--Subtitle D of title III of the Help America Vote
Act of 2002, as added and amended by this Act, is amended by adding at
the end the following new section:
``SEC. 335. ELECTION ADMINISTRATION REQUIREMENTS.
``(a) Publication of State Election Laws.--
``(1) In general.--Each State shall be required to publish
all State laws, regulations, procedures, and practices relating
to Federal elections on January 1 of each year in which there
is a regularly scheduled election for a Federal office
(beginning with 2008).
``(2) Maintenance of laws on the internet.--Each State
shall be required to maintain an updated version of all
material published under paragraph (1) on an easily accessible
public web site on the Internet.
``(b) Notice of Changes in State Election Laws.--Not later than 45
days prior to any Federal election, each State shall issue a public
notice describing all changes in State law affecting voting in Federal
elections and the administration of Federal elections since the most
recent prior such election.
``(c) Prohibition on Last-Minute Changes to Election Laws.--No
State or local government shall make any change to election laws or
regulations affecting the administration of Federal elections within 45
days of a Federal election, unless--
``(1) ordered to do so by a court of competent
jurisdiction, or
``(2) upon giving reasonable public notice, in the case of
an unforeseen circumstance such as a natural disaster or a
terrorist attack.
``(d) Observers.--
``(1) Standards.--Each State shall issue uniform and
nondiscriminatory standards for granting access to nonpartisan
election observers to polling places. Such standards shall
account for the need to avoid disruption and crowding in
polling places, and shall be developed in consultation with
civil rights, voting rights, and voting protection
organizations, State and local election officials, and other
interested members of the community.
``(2) Access to polling places.--In accordance with the
standards issued under paragraph (1), each State shall allow
reasonable and nondiscriminatory access to any polling place to
nonpartisan domestic observers (including voting rights and
civil rights organizations) and international observers for
purposes of observing a federal election.
``(3) Expulsion from polling places.--To facilitate a fair,
efficient, and transparent election process, decisions to expel
a poll watcher from a polling place shall be made in a non-
discriminatory manner.
``(4) Notice of denial of observation request.--Each State
shall issue a public notice with respect to any denial of a
request by any observer described in paragraph (2) for access
to any polling place for purposes of observing a Federal
election. Such notice shall be issued not later than 7 days
after such denial.
``(5) Right of appeal.--Each State shall provide an
expedited opportunity to appeal to an election official a
denial of access to, or an expulsion from, a polling place.''.
(b) Clerical Amendment.--The table of contents of such Act, as
amended by this Act, is amended by adding at the end of the items
relating to subtitle D of title III the following:
``Sec. 335. Election administration requirements.''.
SEC. 333. STUDY ON ENCOURAGING GOVERNMENT EMPLOYEES AND SECONDARY
SCHOOL STUDENTS TO SERVE AS POLL WORKERS.
(a) In General.--Subtitle C of title II of such Act (42 U.S.C.
15381 et seq.), as amended by this Act, is amended by inserting after
section 249A the following new section:
``SEC. 249B. STUDY ON ENCOURAGING GOVERNMENT EMPLOYEES AND SECONDARY
SCHOOL STUDENTS TO SERVE AS POLL WORKERS.
``(a) Study.--The Commission shall conduct a study on appropriate
methods to encourage State and local government employees and secondary
school students to serve as poll workers in Federal elections.
``(b) Report.--Not later than 6 months after the date of the
enactment of the Count Every Vote Act of 2007, the Commission shall
transmit to Congress a report on the results of the study conducted
under subsection (a).
``(c) Authorization of Appropriations.--Of the amount authorized to
be appropriated under section 210 for fiscal year 2008, $100,000 shall
be used solely to carry out the purposes of this section.''.
(b) Clerical Amendment.--The table of contents of such Act, as
amended by this Act, is amended by inserting after the item relating to
section 249A the following:
``Sec. 249B. Study on encouraging government employees and secondary
school students to serve as poll
workers.''.
Subtitle E--Standards for Purging Voters
SEC. 341. STANDARDS FOR PURGING VOTERS.
(a) Standards.--Subtitle D of title III of the Help America Vote
Act of 2002, as added and amended by this Act, is amended by adding at
the end the following new section:
``SEC. 336. REMOVAL FROM VOTER REGISTRATION LIST.
``(a) State Rules.--Each State shall adopt uniform and
nondiscriminatory criteria, processes, and procedures for the removal
of voters from a voter registration list and the restoration of voters
to the list if improperly removed.
``(b) Public Notice.--Not later than 45 days before any Federal
election, each State shall provide public notice of--
``(1) all names which have been removed from the voter
registration list of such State under section 303 since the
later of the most recent election for Federal office or the day
of the most recent previous public notice provided under this
section; and
``(2) the criteria, processes, and procedures used to
determine which names were removed.
``(c) Notice to Individual Voters.--
``(1) In general.--No individual shall be removed from the
voter registration list under section 303 unless such
individual is first provided with a notice and opportunity to
cure that meet the requirements of paragraphs (2) and (3).
``(2) Requirements of notice.--The notice required under
paragraph (1) shall be--
``(A) provided to each voter in a uniform and
nondiscriminatory manner;
``(B) consistent with the requirements of the
National Voter Registration Act of 1993 (42 U.S.C.
1973gg et seq.);
``(C) transmitted to the last known address of the
voter by certified mail, and include a postage pre-paid
response card;
``(D) in a form that provides the voter with clear
notice of the reason for removal, the opportunity to
cure, and the option to cast a provisional ballot; and
``(E) mailed to each voter not later than 30 days
before the State or local election official removes the
voter's name from the registration list.
``(3) Opportunity to cure.--The opportunity to cure
required under paragraph (1) shall--
``(A) give the voter a reasonable opportunity to
file a written request that the appropriate State
election official retain the voter on the registration
rolls (including through the postage pre-paid response
card required under paragraph (2));
``(B) allow the voter to submit to the appropriate
State election official any information or evidence the
voter believes demonstrates that the State is in error
and the voter should remain on the registration rolls;
and
``(C) not later than 14 days after the appropriate
State election official receives a request to retain
the voter on the registration list, require the
official to send the voter a written response that
approves or rejects the request and, if the request was
rejected, includes an explanation for the rejection.
``(4) Provisional ballot.--A voter who receives notice that
he or she will be removed from the registration list, and who
has not received a response approving a request to cure under
paragraph (3), shall be permitted to cast a provisional ballot
consistent with section 302 of this Act, and if it is
determined that the voter should remain on the rolls, such
provisional ballot shall be counted as a vote in that election
in accordance with State law and the requirements of this Act.
``(d) Preservation of Records.--Each State shall retain the
registration records of individuals removed from the voter registration
rolls for a period of at least 5 years after the date of removal.
``(e) Privacy.--Notwithstanding subsection (b), no State or
jurisdiction may disclose that a voter was removed from the voter
registration list for reason of a felony conviction or an adjudication
of incompetency, other than to the voter, unless ordered to do so by a
court of competent jurisdiction or otherwise required to do so under
State or Federal law.
``(f) Exception for Certain States.--The requirements of this
section shall not apply to a State in which, under a State law in
effect continuously on and after the date of the enactment of the Count
Every Vote Act of 2007, there is no voter registration requirement for
individuals in the State with respect to elections for Federal
office.''.
(b) Clerical Amendment.--The table of contents of such Act, as
amended by this Act, is amended by adding at the end of the items
relating to subtitle D of title III the following:
``Sec. 336. Removal from voter registration list.''.
Subtitle F--Election Day Registration and Early Voting
SEC. 351. ELECTION DAY REGISTRATION.
(a) Requirement.--
(1) In general.--Subtitle D of title III of the Help
America Vote Act of 2002, as added and amended by this Act, is
amended by adding at the end the following new section:
``SEC. 337. ELECTION DAY REGISTRATION.
``(a) Registration.--Notwithstanding section 8(a)(1)(D) of the
National Voter Registration Act of 1993 (42 U.S.C. 1973gg-6), each
State shall permit any individual on the day of a Federal election--
``(1) to register to vote in such election at the polling
place; and
``(2) to cast a vote in such election and have that vote
counted in the same manner as a vote cast by an eligible voter
who properly registered during the regular registration period.
``(b) Exception.--The requirements under paragraph (1) shall not
apply to a State in which, under a State law in effect continuously on
and after the date of the enactment of the Count Every Vote Act of
2007, there is no voter registration requirement for individuals in the
State with respect to elections for Federal office.''.
(2) Clerical amendment.--The table of contents of such Act,
as amended by this Act, is amended by adding at the end of the
items relating to subtitle D of title III the following:
``Sec. 337. Election Day registration.''.
(b) Election Day Registration Form.--
(1) In general.--Subtitle E of title II of the Help America
Vote Act of 2002, as added by this Act, is amended by adding at
the end the following new section:
``SEC. 299A. ELECTION DAY REGISTRATION FORMS.
``The Commission shall develop an election day registration form
for elections for Federal office.''.
(2) Clerical amendment.--The table of contents of such Act,
as amended by this Act, is amended by adding at the end of the
items relating to subtitle E of title II the following:
``Sec. 299A. Election Day registration forms.''.
(c) Election Day Registration Grant Program.--
(1) In general.--Subtitle D of title II of such Act (42
U.S.C. 15401 et seq.), as amended by this Act, is amended by
adding at the end the following new part:
``PART 10--ELECTION DAY REGISTRATION GRANT PROGRAM
``SEC. 297C. ELECTION DAY REGISTRATION GRANT PROGRAM.
``(a) In General.--The Commission shall make grants to States and
other jurisdictions to carry out activities to provide access, and
allow real-time updates, to computerized registration lists at polling
places in order to facilitate the implementation of same-day election
registration and resolve problems with voter lists at the polling
place, including--
``(1) providing secure access at polling places to the
computerized statewide voter database required under section
303(a);
``(2) creating and implementing secure mechanisms to update
those lists at the polling place in order to facilitate same-
day registration;
``(3) testing and monitoring the use and implementation of
the database at polling places and provide a paper copy of the
database at the polling place; and
``(4) training poll workers in how to use and update the
database at a polling place.
``(b) Eligibility.--
``(1) In general.--A State or jurisdiction is eligible to
receive a payment under the program under this section with
respect to a fiscal year if it submits to the Commission a
notice not later than 3 months before the first day of the
fiscal year (in such form as the Commission may require) that
contains--
``(A) certifications that the State or jurisdiction
will use the payment (either directly or as
reimbursement) to carry out the activities described in
subsection (a); and
``(B) such other information and certifications as
the Commission may require which are necessary for the
administration of the program.
``(2) Compliance of states that require changes to state
law.--In the case of a State or a jurisdiction located in a
State that requires the enactment of State legislation to carry
out an activity covered by any certification submitted under
this subsection, the State or jurisdiction 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 or jurisdiction shall submit an
additional certification once such legislation is enacted.
``(c) Reports.--
``(1) In general.--Each entity which receives a grant under
this part shall submit to the Commission a report describing
the activities carried out with the funds provided under the
grant.
``(2) Deadline.--Each entity shall submit a report required
under paragraph (1) not later than 60 days after the end of the
fiscal year for which the entity received the grant which is
the subject of the report.
``(d) Authorization of Appropriations.--There are authorized be
appropriated for grants under this part $30,000,000 for each of the
fiscal years 2008, 2009, 2010, and 2011.''.
(2) Clerical amendment.--The table of contents of such Act,
as amended by this Act, is amended by adding at the end of the
items relating to subtitle D of title II the following:
``Part 10--Election Day Registration Grant Program
``Sec. 297C. Election Day registration grant program.''.
SEC. 352. EARLY VOTING.
(a) Requirements.--
(1) In general.--Subtitle D of title III of the Help
America Vote Act of 2002, as added and amended by this Act, is
amended by adding at the end the following new section:
``SEC. 338. EARLY VOTING.
``(a) In General.--During the 15-day period (or, at the option of
the State, a longer period) which ends on the date of an election for
Federal office, each State shall allow individuals to vote in the
election in the same manner as voting is allowed on the date of such
election.
``(b) Minimum Early Voting Requirements.--Each polling place which
allows voting prior to the day of a Federal election pursuant to
subsection (a) shall--
``(1) allow such voting for no less than 4 hours on each
day (other than Sunday); and
``(2) have minimum uniform hours each day for which such
voting occurs.
``(c) Application of Election Day Registration to Early Voting.--A
State shall permit individuals to register to vote at each polling
place which allows voting prior to the day of a Federal election
pursuant to subsection (a) in the same manner as the State is required
to permit individuals to register to vote and vote on the day of the
election under section 337.''.
(2) Clerical amendment.--The table of contents of such Act,
as amended by this Act, is amended by adding at the end of the
items relating to subtitle D of title III the following:
``Sec. 338. Early voting.''.
(b) Standards for Early Voting.--
(1) In general.--Subtitle E of title II of such Act, as
added and amended by this Act, is amended by adding at the end
the following new section:
``SEC. 299B. STANDARDS FOR EARLY VOTING.
``(a) Standards.--
``(1) In general.--The Commission shall issue standards for
the administration of voting prior to the day scheduled for a
Federal election.
``(2) Standards for polling places.--Such standards shall
include the nondiscriminatory geographic placement of polling
places at which such voting occurs and the public listing of
the date, time, and location of polling places no earlier than
10 days before the date on which such voting begins.
``(3) Consultation.--Such standards shall be developed in
consultation with civil rights, voting rights, and voting
protection organizations, State and local election officials,
and other interested members of the community.
``(b) Deviation.--The standards described in subsection (a) shall
permit States, upon giving reasonable public notice, to deviate from
any requirement in the case of unforeseen circumstances such as a
natural disaster or a terrorist attack.''.
(2) Clerical amendment.--The table of contents of such Act,
as amended by this Act, is amended by adding at the end of the
items relating to subtitle E of title II the following:
``Sec. 299B. Standards for early voting.''.
Subtitle G--Newly Eligible Voters
SEC. 361. ENCOURAGING THE REGISTRATION OF NEWLY ELIGIBLE VOTERS.
(a) Requirement.--
(1) In general.--Subtitle D of title III of the Help
America Vote Act of 2002, as added and amended by this Act, is
amended by adding at the end the following new section:
``SEC. 339. ENCOURAGING THE REGISTRATION OF NEWLY ELIGIBLE VOTERS.
``(a) Newly Eligible Voters.--
``(1) In general.--Each State shall mail a voter
registration application to each individual who is a citizen of
the United States residing in that State on the date the
individual reaches 18 years of age, if the State has issued a
driver's license or has another accessible record of the
individual's address and date of birth.
``(2) Exception for certain states.--The requirement under
paragraph (1) shall not apply to a State in which, under a
State law in effect continuously on and after the date of the
enactment of the Count Every Vote Act of 2007, there is no
voter registration requirement for individuals in the State
with respect to elections for Federal office.
``(b) Public Education.--Each State, in consultation with the
Secretary of Education and the Commission, shall develop and implement
procedures to provide opportunities for persons to apply to register to
vote at public educational institutions, including but not limited to--
``(1) high school graduation ceremonies;
``(2) orientation at public colleges and universities; and
``(3) colleges, universities, and trade schools
participating in Federal student loan programs.
``(c) Naturalization Proceedings.--The Secretary of Homeland
Security, in consultation with the Commission, shall develop and
implement procedures to provide opportunities for persons to apply to
register to vote at, or otherwise in connection with, naturalization
proceedings.
``(d) Changes of Address Forms.--The United States Postal Service
shall include the National mail voter registration application form
developed pursuant to section 9 of the National Voter Registration Act
of 1993 along with the materials made available to citizens who change
their address. The Postal Service shall also make such form available
on its change of address web site.
``(e) Limitation on Use of Information.--No information relating to
the failure of an individual to sign a voter registration application
may be used for any purpose other than voter registration.''.
(2) Clerical amendment.--The table of contents of such Act,
as amended by this Act, is amended by adding at the end of the
items relating to subtitle D of title III the following:
``Sec. 339. Encouraging the registration of newly eligible voters.''.
SEC. 362. CIVIC EDUCATION PILOT PROGRAM.
(a) Program.--Subtitle D of title II of the Help America Vote Act
of 2002 (42 U.S.C. 15401 et seq.), as amended by this Act, is amended
by adding at the end the following new part:
``PART 11--CIVIC EDUCATION PILOT PROGRAM
``SEC. 297D. CIVIC EDUCATION PILOT PROGRAM.
``(a) In General.--The Commission shall make grants to carry out
pilot programs under which States will teach high school students the
mechanics and importance of participation in the democratic process.
``(b) Materials.--The Commission shall develop educational
materials to assist States in meeting the purposes of this pilot
program.
``(c) Curriculum.--A State receiving funds under a pilot program
under this section shall use the funds to encourage leadership,
community development, and participation in the political process,
including through--
``(1) the provision of cross-disciplinary instruction in
government, history, law and democracy, including the
importance of voting and registering to vote;
``(2) the incorporation of a discussion of current issues
and events into the classroom;
``(3) the development and implementation of programs that
provide students with the opportunity to apply what they learn
through performing community service that is linked to
classroom discussion;
``(4) the development and implementation of programs that
allow students to meet and discuss current events and
legislation with community and political leaders; or
``(5) the development of simulations of democratic
processes and procedures and the encouragement of student
participation in those simulations.
``(d) Requirements for Grant Recipients.--In making grants under
this section, the Commission shall ensure that the funds provided are
spent for projects and activities which are carried out without
partisan bias and without promoting any particular point of view
regarding any issue, and that each recipient is governed in a balanced
manner without any partisan bias. A grant recipient who is determined
to have violated this subsection shall be disqualified from receiving
any additional grants under this part.
``(e) Reports.--
``(1) In general.--Each State which receives a grant under
this part shall submit to the Commission a report describing
the activities carried out with the funds provided under the
grant.
``(2) Deadline.--An State shall submit a report required
under paragraph (1) not later than 60 days after the end of the
fiscal year for which the entity received the grant which is
the subject of the report.
``(f) Authorization of Appropriations.--There are authorized to be
appropriated for grants under this part $5,000,000 for each of the
fiscal years 2008, 2009, 2010, and 2011.''.
(b) Clerical Amendment.--The table of contents of such Act, as
amended by this Act, is amended by adding at the end of the items
relating to subtitle D of title II the following:
``Part 11--Civic Education Pilot Program
``Sec. 297D. Civic education pilot program.''.
TITLE IV--VOTER REGISTRATION AND IDENTIFICATION
SEC. 401. VOTER REGISTRATION.
(a) Contents of Registration Applications.--
(1) Mail-in application.--Paragraph (4) of section 303(b)
of the Help America Vote Act of 2002 (42 U.S.C. 15483(b)(4)) is
amended by adding at the end the following new subparagraph:
``(C) Exception.--On and after the date of the
enactment of the Count Every Vote Act of 2007--
``(i) in lieu of the questions and
statements required under subparagraph (A),
such mail voter registration form shall include
on the form an affidavit to be signed by the
registrant attesting both to citizenship and
age; and
``(ii) subparagraph (B) shall not apply.''.
(2) Application identifying numbers.--
(A) Registration application.--Subparagraph (A) of
section 303(a)(5) of such Act (42 U.S.C. 15483(a)(5))
is amended--
(i) by redesignating clause (iii) as clause
(iv); and
(ii) by inserting after clause (ii) the
following new clause:
``(iii) Identifying numbers in registration
applications.--An application for voter
registration shall--
``(I) provide a space for
applicants to state if they lack a
driver's license or Social Security
number, and
``(II) state explicitly that the
applicant may enter any personal
identification document number issued
by a State motor vehicle authority in
the space provided for a driver's
license number.''.
(B) Clarification.--Section 303(a)(5)(A) of such
Act (42 U.S.C. 15483(a)(5)(A)) is amended--
(i) in clause (i)(I), by striking
``driver's license, the applicant's driver's
license number'' and inserting ``motor vehicle
driver's license (as defined in section 3(3) of
the National Voter Registration Act of 1993 (42
U.S.C. 1973gg-1(3))), the applicant's motor
vehicle driver's license number''; and
(ii) in clause (ii), by striking ``driver's
license'' and inserting ``motor vehicle
driver's license (as defined in section 3(3) of
the National Voter Registration Act of 1993 (42
U.S.C. 1973gg-1(3)))''.
(3) Testing.--Section 303 of such Act (42 U.S.C. 15483) is
amended--
(A) by redesignating subsection (d) as subsection
(e); and
(B) by inserting after subsection (c) the following
new subsection:
``(d) Testing.--Not later than 6 months after the date of the
enactment of the Count Every Vote Act of 2007, the Commission shall--
``(1) issue voluntary guidance for usability testing of
registration forms; and
``(2) conduct usability testing of all national or Federal
registration forms, and make the results available upon request
to the public.''.
(b) Clarification of Standards for Determining Matching of
Information Provided With Applications.--
(1) State requirements for determination of validity of
numbers provided.--Section 303(a)(5)(A)(iii) of such Act (42
U.S.C. 15483(a)(5)(A)(iii)) is amended by striking the period
at the end and inserting the following: ``, except that the
information provided by an individual shall be sufficient to
meet the requirements of this subparagraph if, based on the
information provided, the State is able to determine the
individual's motor vehicle driver's number or other personal
identification document number or the last four digits of the
individual's Social Security number, or is able to locate one
of those numbers in another State record.''.
(2) Standards for determination of match of social security
numbers.--
(A) Requirements for states.--Section 303(a)(5)(B)
of such Act (42 U.S.C. 15483(a)(5)(B)) is amended by
adding at the end the following new clause:
``(iii) Matching standards.--Information
provided by an applicant for voter registration
shall be deemed to be validly matched with
information maintained by the Commissioner of
Social Security shall be deemed validly matched
for purposes of this subparagraph if it may be
reasonably concluded that the applicant is
substantially likely to be the same individual
as an individual reflected in the database of
the Social Security Administration.''.
(B) Procedures of commissioner of social
security.--Section 205(r)(8) of the Social Security Act
(42 U.S.C. 405(r)(8)), as added by section 303(a)(5)(C)
of the Help America Vote Act of 2002, is amended by
adding at the end the following new subparagraph:
``(G) The Commissioner shall develop procedures
consistent with the matching standard established under
section 303(a)(5)(B)(iii) of the Help America Vote Act
of 2002 to improve the accuracy of the matching process
under the agreements under this paragraph, including
procedures to account for typographical errors and
common variations in recording data. Such procedures
shall be uniform, nondiscriminatory, and open to public
scrutiny.''.
(c) Processing of Registration Applications.--
(1) Processing requirements.--Subtitle D of title III of
the Help America Vote Act of 2002, as added and amended by this
Act, is amended by adding at the end the following new section:
``SEC. 340. PROCESSING OF REGISTRATION APPLICATIONS.
``(a) In General.--Notwithstanding any other provision of law, each
State and jurisdiction shall accept and process a voter registration
application for an election for Federal office unless there is a
material omission or information that specifically affects the
eligibility of the voter.
``(b) Presumption To Register.--There shall be a presumption that
persons who submit voter registration applications should be
registered.
``(c) Presumption To Cure Material Omission.--Each State and
jurisdiction shall--
``(1) provide a process to permit voters an opportunity to
cure any material omission on the voter registration
application within a reasonable period of time before the
election; and
``(2) accept any application which is so cured as having
been filed on the date on which such application is originally
received.
``(d) Standards for Material Omission From Registration Forms.--
``(1) In general.--For purposes of this section, a
`material omission or information that specifically affects the
eligibility of the voter' consists of--
``(A) the omission of information necessary to
establish the eligibility of the applicant to vote; or
``(B) the inclusion of information that establishes
the applicant's ineligibility to vote.
``(2) Certain information not a material omission.--For
purposes of this section, the following shall not constitute a
`material omission or information that specifically affects the
eligibility of the voter':
``(A) The failure to provide a Social Security
number or driver's license number.
``(B) The failure to provide information concerning
citizenship or age in a manner other than the
attestation required under section 9(b)(2) of the
National Voter Registration Act of 1993 (42 U.S.C.
1973gg-7).
``(C) The mere fact of a mismatch between the
information provided by the voter and the information
in a State government database, absent cause to believe
that the mismatch is evidence of ineligibility.
``(e) State Rules.--Each State shall adopt uniform and
nondiscriminatory standards regarding the eligibility of citizens to
vote in elections in the State, and describing the procedures and
circumstances under which a voter registration form may be rejected,
consistent with the requirements of this Act and the National Voter
Registration Act of 1993.
``(f) Exception for Certain States.--The requirements of this
section shall not apply to a State in which, under a State law in
effect continuously on and after the date of the enactment of the Count
Every Vote Act of 2007, there is no voter registration requirement for
individuals in the State with respect to elections for Federal
office.''.
(2) Clerical amendment.--The table of contents of such Act,
as amended by this Act, is amended by adding at the end of the
items relating to subtitle D of title III the following:
``Sec. 340. Processing of registration applications.''.
(d) Study on Uses of the Internet in Federal Elections.--
(1) In general.--Subtitle C of title II of such Act (42
U.S.C. 15381 et seq.), as amended by this Act, is amended by
inserting after section 249B the following new section:
``SEC. 249C. STUDY ON INTERNET REGISTRATION AND OTHER USES OF THE
INTERNET IN FEDERAL ELECTIONS.
``(a) Study.--The Commission shall conduct a study on--
``(1) the feasibility of voter registration through the
Internet for Federal elections; and
``(2) other uses of the Internet in Federal elections,
including--
``(A) the use of the Internet to publicize
information related to Federal elections;
``(B) the use of the Internet to provide public
access portals through which voters can confirm,
correct and update voter registration records; and
``(C) the use of the Internet to vote in Federal
elections.
``(b) Report.--Not later than 6 months after the date of the
enactment of the Count Every Vote Act of 2007, the Commission shall
transmit to Congress a report on the results of the study conducted
under subsection (a).''.
(2) Clerical amendment.--The table of contents of such Act,
as amended by this Act, is amended by inserting after the item
relating to section 249B the following:
``Sec. 249C. Study on Internet registration and other uses of the
Internet in Federal elections.''.
(3) Effective date.--The amendments made by this subsection
shall take effect on the date of the enactment of this Act.
SEC. 402. ESTABLISHING VOTER IDENTIFICATION FOR CERTAIN VOTERS WHO
REGISTER BY MAIL.
(a) In General.--
(1) Individuals voting in person.--Section 303(b)(2)(A)(i)
of the Help America Vote Act of 2002 (42 U.S.C.
15483(b)(2)(A)(i)) is amended--
(A) by striking ``or'' at the end of subclause (I);
and
(B) by adding at the end the following new
subclause:
``(III) executes a written
affidavit attesting to such
individual's identity; or''.
(2) Individuals voting by mail.--Section 303(b)(2)(A)(ii)
of such Act (42 U.S.C. 15483(b)(2)(A)(ii)) is amended--
(A) by striking ``or'' at the end of subclause (I);
(B) by striking the period at the end of subclause
(II) and inserting ``; or''; and
(C) by adding at the end the following new
subclause:
``(III) a written affidavit
executed by such individual attesting
to the individual's identity.''.
(b) Standards for Verifying Voter Information.--
(1) In general.--Subtitle E of title II of such Act, as
added and amended by this Act, is amended by adding at the end
the following new section:
``SEC. 299C. VOTER IDENTIFICATION.
``The Commission shall develop standards for verifying the
identification information required under section 303(a)(5) in
connection with the registration of an individual to vote in a Federal
election.''.
(2) Clerical amendment.--The table of contents of such Act,
as amended by this Act, is amended by adding at the end of the
items relating to subtitle E of title II the following:
``Sec. 299C. Voter identification.''.
SEC. 403. REQUIREMENT FOR FEDERAL CERTIFICATION OF TECHNOLOGICAL
SECURITY OF VOTER REGISTRATION LISTS.
(a) In General.--Section 303(a)(3) of the Help America Vote Act of
2002 (42 U.S.C. 15483(a)(3)) is amended by striking ``measures to
prevent the'' and inserting ``measures, as certified by the Commission,
to prevent''.
(b) Effective Date.--The amendment made by this section shall take
effect on the date of the enactment of this Act.
SEC. 404. COORDINATION WITH STATE DATABASES.
Section 303(a)(1)(A)(iv) of the Help America Vote Act of 2002 (42
U.S.C. 15483(a)(1)(A)(iv)) is amended by striking the period at the end
and inserting the following: ``including the databases of social
services agencies, in order to confirm and correct information in voter
registration records and ensure the accurate and timely processing of
applications to register to vote.''.
TITLE V--PROHIBITION ON CERTAIN CAMPAIGN ACTIVITIES
SEC. 501. PROHIBITION ON CERTAIN CAMPAIGN ACTIVITIES.
(a) In General.--Title III of the Federal Election Campaign Act of
1971 (2 U.S.C. 431 et seq.) is amended by inserting after section 319
the following new section:
``campaign activities by election officials and voting system
manufacturers
``Sec. 319A. (a) Prohibition.--
``(1) Chief state election officials.--It shall be unlawful
for any chief State election official to take part in
prohibited political activities with respect to any election
for Federal office over which such official has managerial
authority.
``(2) Voting system manufacturers.--It shall be unlawful
for any person who owns or serves as the chief executive
officer, chief financial officer, chief operating officer, or
president of any entity that designs or manufacturers a voting
system to take part in prohibited political activities with
respect to any election for a Federal office for which a voting
system produced by such manufacturer is used.
``(b) Definitions.--For purposes of this section:
``(1) Chief state election official.--The term `chief State
election official' means the individual designated as such
under section 10 of the National Voter Registration Act of
1993.
``(2) Prohibited political activities.--The term
`prohibited political activities' means actively campaigning to
support or oppose a candidate or slate of candidates for
Federal office, making public speeches in support of such a
candidate, soliciting and collecting contributions on behalf of
such a candidate, distributing campaign materials with respect
to such a candidate, organizing campaign events with respect to
such a candidate, and serving in any position on any political
campaign committee of such a candidate.
``(c) Ownership.--For purposes of subsection (a)(2), a person shall
be considered to own an entity if such person controls at least 20
percent, by vote or value, of the entity.''.
(b) Effective Date.--The amendments made by this section shall take
effect upon the expiration of the 90-day period which begins on the
date of the enactment of this Act.
TITLE VI--ENDING DECEPTIVE PRACTICES
SEC. 601. ENDING DECEPTIVE PRACTICES.
(a) In General.--
(1) Subsection (b) of section 2004 of the Revised Statutes
(42 U.S.C. 1971(b)) is amended--
(A) by striking ``No person'' and inserting the
following:
``(1) In general.--No person''; and
(B) by inserting at the end the following new
paragraph:
``(3) Deceptive acts.--No person, whether acting under
color of law or otherwise, shall knowingly deceive any other
person regarding the time, place, or manner of conducting a
general, primary, run-off, or special election for the office
of President, Vice President, presidential elector, Member of
the Senate, or Member of the House of Representatives,
Delegates, or Commissioners from the Territories or
possessions; nor shall any person knowingly deceive any person
regarding the qualifications or restrictions of voter
eligibility for any general, primary, run-off, or special
election for the office of President, Vice President,
presidential elector, Member of the Senate, or Member of the
House of Representatives, Delegates, or Commissioners from the
Territories or possessions.''.
(2) The heading of section 2004(b) of the Revised Statutes
is amended by striking ``or coercion'' and inserting
``coercion, or deceptive acts''.
(b) Criminal Penalty.--Section 594 of title 18, United States Code,
is amended--
(1) by striking ``Whoever'' and inserting the following:
``(a) Intimidation.--Whoever''; and
(2) by inserting at the end the following:
``(b) Deceptive Acts.--Whoever knowingly deceives any person
regarding--
``(1) the time, place, or manner of conducting a general,
primary, run-off, or special election for the office of
President, Vice President, presidential elector, Member of the
Senate, or Member of the House of Representatives, Delegates,
or Commissioners from the Territories or possessions; or
``(2) the qualifications or restrictions of voter
eligibility for any general, primary, run-off or special
election for the office of President, Vice President,
presidential elector, Member of the Senate, or Member of the
House of Representatives, Delegates, or Commissioners from the
Territories or possessions shall be fined under this title,
imprisoned not more than five years, or both.''.
(c) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act.
TITLE VII--CIVIC PARTICIPATION BY EX-OFFENDERS
SEC. 701. VOTING RIGHTS OF INDIVIDUALS CONVICTED OF CRIMINAL OFFENSES.
(a) Short Title.--This title may be cited as the ``Civic
Participation Act of 2007''.
(b) Findings and Purpose.--
(1) Findings.--Congress makes the following findings:
(A) The right to vote is the most basic
constitutive act of citizenship and regaining the right
to vote reintegrates offenders into free society. The
right to vote may not be abridged or denied by the
United States or by any State on account of race,
color, gender, or previous condition of servitude.
Basic constitutional principles of fairness and equal
protection require an equal opportunity for United
States citizens to vote in Federal elections.
(B) Congress has ultimate supervisory power over
Federal elections, an authority that has repeatedly
been upheld by the Supreme Court.
(C) Although State laws determine the
qualifications for voting in Federal elections,
Congress must ensure that those laws are in accordance
with the Constitution. Currently, those laws vary
throughout the Nation, resulting in discrepancies
regarding which citizens may vote in Federal elections.
(D) An estimated 5,400,000 individuals in the
United States, or 1 in 40 adults, currently cannot vote
as a result of a felony conviction. Women represent
about 650,000 and military veterans represent about
500,000 of those 5,300,000.
(E) State disenfranchisement laws
disproportionately impact ethnic minorities.
(F) 12 States disenfranchise some or all ex-
offenders who have fully served their sentences,
regardless of the nature or seriousness of the offense.
(G) In those States that disenfranchise ex-
offenders who have fully served their sentences, the
right to vote can be regained in theory, but in
practice this possibility is often illusory.
(H) In 8 States, a pardon or order from the
Governor is required for an ex-offender to regain the
right to vote. In two States, ex-offenders must obtain
action by the parole or pardon board to regain that
right.
(I) Offenders convicted of a Federal offense often
have additional barriers to regaining voting rights.
Many States do not offer a restoration procedure for
Federal offenders who have completed supervision. The
only method available to such persons is a Presidential
pardon.
(J) State procedures that require individuals to
apply to have their voting rights restored are often
unfair and inefficient. Long backlogs often cause
delays of months or years before individual
applications are processed. Few persons who seek to
have their right to vote restored have the financial
and political resources needed to succeed.
(K) Thirteen percent of the African-American adult
male population, or 1,400,000 African-American men, are
disenfranchised. Given current rates of incarceration,
3 in 10 African-American men in the next generation
will be disenfranchised at some point during their
lifetimes. Hispanic citizens are also
disproportionately disenfranchised, since those
citizens are disproportionately represented in the
criminal justice system.
(L) The discrepancies described in this paragraph
should be addressed by Congress, in the name of
fundamental fairness and equal protection.
(2) Purpose.--The purpose of this title is to restore
fairness in the Federal election process by ensuring that ex-
offenders who have fully served their sentences are not denied
the right to vote.
(c) Definitions.--In this title:
(1) Correctional institution or facility.--The term
``correctional institution or facility'' means any prison,
penitentiary, jail, or other institution or facility for the
confinement of individuals convicted of criminal offenses,
whether publicly or privately operated, except that such term
does not include any residential community treatment center (or
similar public or private facility).
(2) Election.--The term ``election'' means--
(A) a general, special, primary, or runoff
election;
(B) a convention or caucus of a political party
held to nominate a candidate;
(C) a primary election held for the selection of
delegates to a national nominating convention of a
political party; or
(D) a primary election held for the expression of a
preference for the nomination of persons for election
to the office of President.
(3) Federal office.--The term ``Federal office'' means the
office of President or Vice President, or of Senator or
Representative in, or Delegate or Resident Commissioner to,
Congress.
(4) Parole.--The term ``parole'' means parole (including
mandatory parole), or conditional or supervised release
(including mandatory supervised release), imposed by a Federal,
State, or local court.
(5) Probation.--The term probation means probation imposed
by a Federal, State, or local court, with or without a
condition on the individual involved concerning--
(A) the individual's freedom of movement;
(B) the payment of damages by the individual;
(C) periodic reporting by the individual to an
officer of the court; or
(D) supervision of the individual by an officer of
the court.
(d) Rights of Citizens.--The right of an individual who is a
citizen of the United States to vote in any election for Federal office
shall not be denied or abridged because that individual has been
convicted of a criminal offense unless, at the time of the election,
such individual--
(1) is serving a felony sentence in a correctional
institution or facility; or
(2) is on parole or probation for a felony offense.
(e) Enforcement.--
(1) Attorney general.--The Attorney General may bring a
civil action in a court of competent jurisdiction to obtain
such declaratory or injunctive relief as is necessary to remedy
a violation of this section.
(2) Private right of action.--
(A) Notice.--A person who is aggrieved by a
violation of this section may provide written notice of
the violation to the chief election official of the
State involved.
(B) Action.--Except as provided in subparagraph
(C), if the violation is not corrected within 90 days
after receipt of a notice provided under subparagraph
(A), or within 20 days after receipt of the notice if
the violation occurred within 120 days before the date
of an election for Federal office, the aggrieved person
may bring a civil action in such a court to obtain
declaratory or injunctive relief with respect to the
violation.
(C) Action for violation shortly before a federal
election.--If the violation occurred within 30 days
before the date of an election for Federal office, the
aggrieved person shall not be required to provide
notice to the chief election official of the State
under subparagraph (A) before bringing a civil action
in such a court to obtain declaratory or injunctive
relief with respect to the violation.
(f) Relation to Other Laws.--
(1) No prohibition on less restrictive laws.--Nothing in
this section shall be construed to prohibit a State from
enacting any State law that affords the right to vote in any
election for Federal office on terms less restrictive than
those terms established by this section.
(2) No limitation on other laws.--The rights and remedies
established by this section shall be in addition to all other
rights and remedies provided by law, and shall not supersede,
restrict, or limit the application of the Voting Rights Act of
1965 (42 U.S.C. 1973 et seq.) or the National Voter
Registration Act of 1993 (42 U.S.C. 1973gg et seq.).
(g) Notification of Restoration of Voting Rights.--
(1) In general.--Subtitle D of title III of the Help
America Vote Act of 2002, as added and amended by this Act, is
amended by adding at the end the following new section:
``SEC. 341. NOTIFICATION OF RESTORATION OF VOTING RIGHTS.
``(a) Notification.--
``(1) In general.--On the date determined under subsection
(b), each State shall notify in writing any qualified ex-
offender who resides in the State that such qualified ex-
offender has the right to vote in an election for Federal
office pursuant to the Civic Participation Act of 2007 and may
register to vote in any such election.
``(2) Qualified ex-offender.--For the purpose of this
section, the term `qualified ex-offender' means any individual
who resides in the State who has been convicted of a criminal
offense and is not serving a felony sentence in a correctional
institution or facility and who is not on parole or probation
for a felony offense.
``(b) Date of Notification.--The notification required under
subsection (a) shall be given on the later of the date on which such
individual is released from a correctional institution or facility for
serving a felony sentence or the date on which such individual is
released from parole for a felony offense.
``(c) Definitions.--Any term which is used in this section that is
also used in the Civic Participation Act of 2007 shall have the meaning
given to such term in that Act.
``(d) Effective Date.--Each State shall be required to comply with
the requirements of this section on and after the date of the enactment
of the Civic Participation Act of 2007.''.
(2) Clerical amendment.--The table of contents of such Act,
as amended by this Act, is amended by adding at the end of the
items relating to subtitle D of title III the following:
``Sec. 341. Notification of restoration of voting rights.''.
(h) Effective Date.--
(1) In general.--This section shall apply to citizens of
the United States voting in any election for Federal office
after the date of the enactment of this Act.
(2) Amendments.--The amendment made by subsection (g) shall
take effect on the date of the enactment of this Act.
TITLE VIII--FEDERAL ELECTION DAY ACT
SEC. 801. SHORT TITLE.
This title may be cited as the ``Federal Election Day Act of
2007''.
SEC. 802. FEDERAL ELECTION DAY AS A PUBLIC HOLIDAY.
(a) Election Day as a Federal Holiday.--Section 6103(a) of title 5,
United States Code, is amended by inserting after the matter relating
to Columbus Day, the following undesignated paragraph:
``Federal Election Day, the Tuesday next after the first
Monday in November in each even numbered year.''.
(b) Conforming Amendment.--Section 241(b) of the Help America Vote
Act of 2002 (42 U.S.C. 15381(b)) is amended by striking paragraph (10)
and by redesignating paragraphs (11) through (19) as paragraphs (10)
through (18), respectively.
(c) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act.
TITLE IX--ADDITIONAL IMPROVEMENTS TO ELECTION PROCEDURES
SEC. 901. TRANSMISSION OF CERTIFICATE OF ASCERTAINMENT OF ELECTORS.
(a) In General.--Section 6 of title 3, United States Code, is
amended--
(1) by inserting ``and before the date that is 6 days
before the date on which the electors are to meet under section
7,'' after ``under and in pursuance of the laws of such State
providing for such ascertainment,''; and
(2) by striking ``by registered mail'' and inserting ``by
overnight courier''.
(b) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act.
SEC. 902. STUDY ON FEASIBILITY OF CREATING RANKING SYSTEM OF STATE
ELECTION ADMINISTRATION PROCESSES.
(a) Study.--Subtitle C of title II of the Help America Vote Act of
2002 (42 U.S.C. 15381 et seq.), as amended by this Act, is amended by
inserting after section 249C the following new section:
``SEC. 249D. STUDY ON FEASIBILITY OF CREATING RANKING SYSTEM OF STATE
ELECTION ADMINISTRATION PROCESSES.
``(a) Study.--
``(1) In general.--The Commission shall conduct and make
publicly available a comprehensive study of the costs and
benefits of developing a Democracy Index (Index) of State
election administration processes.
``(2) Study through appropriate entity.--Not later than 60
days after the date of the enactment of the Count Every Vote
Act of 2007, the Commission shall seek to enter into agreement
with the National Academy of Sciences, the National Science
Foundation, the AEI-Brookings Election Reform Project, or other
appropriate nongovernmental entity to carry out the study
required in subsection (a).
``(3) Issues considered.--The study shall--
``(A) identify the appropriate scope and
methodology, if any, to be used in organizing and
administering the Index;
``(B) recommend an appropriate methodology for
gathering and standardizing information related to the
quality of each State's election administration
processes; and
``(C) recommend an appropriate methodology for
ranking the quality of State election administration
processes.
``(b) Definition.--For purposes of this section, `election
administration processes' includes the registration of eligible voters,
the casting of ballots, and the counting of ballots.
``(c) Report and Recommendations.--Not later than 12 months after
the date of the enactment of the Count Every Vote Act of 2007, the
Commission shall submit to the President and Congress a report on the
study conducted under subsection (a), together with recommendations for
administrative and legislative action as the Commission deems
appropriate. The report shall be made publicly available in paper copy
and electronically.''.
(b) Clerical Amendment.--The table of contents of such Act, as
amended by this Act, is amended by inserting after the item relating to
section 249C the following:
``Sec. 249D. Study on feasibility of creating ranking system of State
election administration processes.''.
TITLE X--STRENGTHENING THE ELECTION ASSISTANCE COMMISSION
SEC. 1001. STRENGTHENING THE ELECTION ASSISTANCE COMMISSION.
(a) Authorization of Appropriations.--Section 210 of the Help
America Vote Act of 2002 (42 U.S.C. 15330) is amended by striking ``for
each of fiscal years 2003 through 2005 such sums as may be necessary
(but not to exceed $10,000,000 for each such year)'' and inserting
``$15,000,000 for fiscal year 2008, $10,000,000 for fiscal year 2009,
$10,000,000 for fiscal year 2010, and such sums as may be necessary for
each succeeding fiscal year''.
(b) Budget Requests.--
(1) In general.--Part 1 of subtitle A of title II of such
Act (42 U.S.C. 15321 et seq.) is amended by inserting after
section 209 the following new section:
``SEC. 209A. SUBMISSION OF BUDGET REQUESTS.
``Whenever the Commission submits any budget estimate or request to
the President or the Office of Management and Budget, it shall
concurrently transmit a copy of such estimate or request to the
Congress and to the Committee on House Administration of the House of
Representatives and the Committee on Rules and Administration of the
Senate.''.
(2) Clerical amendment.--The table of contents of such Act
is amended by inserting after the item relating to section 209
the following:
``Sec. 209A. Submission of budget requests.''.
(c) Exemption From Paperwork Reduction Act.--Paragraph (1) of
section 3502 of title 44, United States Code, is amended--
(1) by redesignating subparagraphs (B), (C), and (D) as
subparagraphs (C), (D), and (E); and
(2) by inserting after subparagraph (A) the following new
subparagraph:
``(B) the Election Assistance Commission;''.
(d) NIST Authority.--
(1) In general.--Subtitle E of title II of the Help America
Vote Act of 2002, as added and amended by this Act, is amended
by adding at the end the following new section:
``SEC. 299D. TECHNICAL SUPPORT.
``At the request of the Commission, the Director of the National
Institute of Standards and Technology shall provide the Commission with
technical support necessary for the Commission to carry out its duties
under this title''.
(2) Clerical amendment.--The table of contents of such Act,
as amended by this Act, is amended by adding at the end of the
items relating to subtitle E of title II the following:
``Sec. 299D. Technical support.''.
(e) Removal of Full-Time Employee Cap.--Notwithstanding any other
provision of law, there shall be no cap on the number of full-time
equivalent personnel who may be employed at the Election Assistance
Commission.
(f) Effective Date.--The amendments made by this section shall take
effect on the date of the enactment of this Act.
SEC. 1002. REPEAL OF EXEMPTION OF ELECTION ASSISTANCE COMMISSION FROM
CERTAIN GOVERNMENT CONTRACTING REQUIREMENTS.
(a) In General.--Section 205 of the Help America Vote Act of 2002
(42 U.S.C. 15325) is amended by striking subsection (e).
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to contracts entered into by the Election Assistance
Commission on or after the date of enactment of this Act.
SEC. 1003. MEMBERSHIP OF TECHNICAL GUIDELINES DEVELOPMENT COMMITTEE.
(a) In General.--Section 221(c)(1) of the Help America Vote Act of
2002 (42 U.S.C. 15361(c)(1)) is amended--
(1) by redesignating subparagraph (E) as subparagraph (F);
and
(2) by inserting after subparagraph (D) the following new
subparagraph:
``(E) An individual with expertise in providing
assistive technology to individuals with a wide range
of disabilities.''.
(b) Effective Date.--The amendments made by this section shall take
effect on the date of enactment of this Act.
SEC. 1004. AUTHORIZATION OF APPROPRIATIONS FOR REQUIREMENTS PAYMENTS.
Subsection (a) of section 257 of the Help America Vote Act of 2002
(42 U.S.C. 15407(a)) is amended by adding at the end the following new
paragraphs:
``(4) For fiscal year 2008, $3,000,000,000.
``(5) For each fiscal year after 2008, such sums as are
necessary.''.
TITLE XI--EFFECTIVE DATE
SEC. 1101. EFFECTIVE DATE.
Except as otherwise provided, this Act and the amendments made by
this Act shall apply with respect to the regularly scheduled general
election for Federal office held in November 2008 and each succeeding
election for Federal office.
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Introduced in Senate
Read twice and referred to the Committee on Rules and Administration.
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