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116 STAT. 1666 HELP AMERICA VOTE ACT OF 2002

Public Law 107-252, October 29, 2002

107th Congress

An Act

To establish a program to provide funds to States to replace punch card

voting systems, to establish the Election Assistance Commission to

assist in the administration of Federal elections and to otherwise

provide assistance with the administration of certain Federal election

laws and programs, to establish minimum election administration

standards for States and units of local government with responsibility

for the administration of Federal elections, 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 "Help America Vote Act of 2002".

(b) Table of Contents.--The table of contents of this Act is as follows:

Sec. 1. Short title; table of contents.

TITLE I--PAYMENTS TO STATES FOR ELECTION ADMINISTRATION IMPROVEMENTS AND

REPLACEMENT OF PUNCH CARD AND LEVER VOTING MACHINES

Sec. 101. Payments to States for activities to improve administration of

elections.

Sec. 102. Replacement of punch card or lever voting machines.

Sec. 103. Guaranteed minimum payment amount.

Sec. 104. Authorization of appropriations.

Sec. 105. Administration of programs.

Sec. 106. Effective date.

TITLE II--COMMISSION

Subtitle A--Establishment and General Organization

Part 1--Election Assistance Commission

Sec. 201. Establishment.

Sec. 202. Duties.

Sec. 203. Membership and appointment.

Sec. 204. Staff.

Sec. 205. Powers.

Sec. 206. Dissemination of information.

Sec. 207. Annual report.

Sec. 208. Requiring majority approval for actions.

Sec. 209. Limitation on rulemaking authority.

Sec. 210. Authorization of appropriations.

Part 2--Election Assistance Commission Standards Board and Board of

Advisors

Sec. 211. Establishment.

Sec. 212. Duties.

Sec. 213. Membership of Standards Board.

Sec. 214. Membership of Board of Advisors.

Sec. 215. Powers of Boards; no compensation for service.

Sec. 216. Status of Boards and members for purposes of claims against

Board.

Part 3--Technical Guidelines Development Committee

Sec. 221. Technical Guidelines Development Committee.

Sec. 222. Process for adoption.

Subtitle B--Testing, Certification, Decertification, and Recertification

of Voting System Hardware and Software

Sec. 231. Certification and testing of voting systems.

Subtitle C--Studies and Other Activities To Promote Effective

Administration of Federal Elections

Sec. 241. Periodic studies of election administration issues.

Sec. 242. Study, report, and recommendations on best practices for

facilitating military and overseas voting.

Sec. 243. Report on human factor research.

Sec. 244. Study and report on voters who register by mail and use of

social security information.

Sec. 245. Study and report on electronic voting and the electoral

process.

Sec. 246. Study and report on free absentee ballot postage.

Sec. 247. Consultation with Standards Board and Board of Advisors.

Subtitle D--Election Assistance

Part 1--Requirements Payments

Sec. 251. Requirements payments.

Sec. 252. Allocation of funds.

Sec. 253. Condition for receipt of funds.

Sec. 254. State plan.

Sec. 255. Process for development and filing of plan; publication by

Commission.

Sec. 256. Requirement for public notice and comment.

Sec. 257. Authorization of appropriations.

Sec. 258. Reports.

Part 2--Payments to States and Units of Local Government To Assure

Access for Individuals With Disabilities

Sec. 261. Payments to States and units of local government to assure

access for individuals with disabilities.

Sec. 262. Amount of payment.

Sec. 263. Requirements for eligibility.

Sec. 264. Authorization of appropriations.

Sec. 265. Reports.

Part 3--Grants for Research on Voting Technology Improvements

Sec. 271. Grants for research on voting technology improvements.

Sec. 272. Report.

Sec. 273. Authorization of appropriations.

Part 4--Pilot Program for Testing of Equipment and Technology

Sec. 281. Pilot program.

Sec. 282. Report.

Sec. 283. Authorization of appropriations.

Part 5--Protection and Advocacy Systems

Sec. 291. Payments for protection and advocacy systems.

Sec. 292. Authorization of appropriations.

Part 6--National Student and Parent Mock Election

Sec. 295. National Student and Parent Mock Election.

Sec. 296. Authorization of appropriations.

TITLE III--UNIFORM AND NONDISCRIMINATORY ELECTION TECHNOLOGY AND

ADMINISTRATION REQUIREMENTS

Subtitle A--Requirements

Sec. 301. Voting systems standards.

Sec. 302. Provisional voting and voting information requirements.

Sec. 303. Computerized statewide voter registration list requirements

and requirements for voters who register by mail.

Sec. 304. Minimum requirements.

Sec. 305. Methods of implementation left to discretion of State.

Subtitle B--Voluntary Guidance

Sec. 311. Adoption of voluntary guidance by Commission.

Sec. 312. Process for adoption.

TITLE IV--ENFORCEMENT

Sec. 401. Actions by the Attorney General for declaratory and injunctive

relief.

Sec. 402. Establishment of State-based administrative complaint

procedures to remedy grievances.

TITLE V--HELP AMERICA VOTE COLLEGE PROGRAM

Sec. 501. Establishment of program.

Sec. 502. Activities under program.

Sec. 503. Authorization of appropriations.

TITLE VI--HELP AMERICA VOTE FOUNDATION

Sec. 601. Help America Vote Foundation.

TITLE VII--VOTING RIGHTS OF MILITARY MEMBERS AND OVERSEAS CITIZENS

Sec. 701. Voting assistance programs.

Sec. 702. Designation of single State office to provide information on

registration and absentee ballots for all voters in State.

Sec. 703. Report on absentee ballots transmitted and received after

general elections.

Sec. 704. Extension of period covered by single absentee ballot

application.

Sec. 705. Additional duties of Presidential designee under Uniformed and

Overseas Citizens Absentee Voting Act.

Sec. 706. Prohibition of refusal of voter registration and absentee

ballot applications on grounds of early submission.

Sec. 707. Other requirements to promote participation of overseas and

absent uniformed services voters.

TITLE VIII--TRANSITION PROVISIONS

Subtitle A--Transfer to Commission of Functions Under Certain Laws

Sec. 801. Federal Election Campaign Act of 1971.

Sec. 802. National Voter Registration Act of 1993.

Sec. 803. Transfer of property, records, and personnel.

Sec. 804. Effective date; transition.

Subtitle B--Coverage of Commission Under Certain Laws and Programs

Sec. 811. Treatment of Commission personnel under certain civil service

laws.

Sec. 812. Coverage under Inspector General Act of 1978.

TITLE IX--MISCELLANEOUS PROVISIONS

Sec. 901. State defined.

Sec. 902. Audits and repayment of funds.

Sec. 903. Clarification of ability of election officials to remove

registrants from official list of voters on grounds of change

of residence.

Sec. 904. Review and report on adequacy of existing electoral fraud

statutes and penalties.

Sec. 905. Other criminal penalties.

Sec. 906. No effect on other laws.

TITLE I--PAYMENTS TO STATES FOR ELECTION ADMINISTRATION IMPROVEMENTS AND

REPLACEMENT OF PUNCH CARD AND LEVER VOTING MACHINES

SEC. 101. PAYMENTS TO STATES FOR ACTIVITIES TO IMPROVE ADMINISTRATION OF ELECTIONS.

(a) In General.--Not later than 45 days after the date of the enactment of

this Act, the Administrator of General Services

(in this title referred to as the "Administrator") shall establish a

program under which the Administrator shall make a payment to each State

in which the chief executive officer of the State, or designee, in

consultation and coordination with the chief State election official,

notifies the Administrator not later than 6 months after the date of the

enactment of this Act that the State intends to use the payment in

accordance with this section.

(b) Use of Payment.--

(1) In general.--A State shall use the funds provided under

a payment made under this section to carry out one or more of

the following activities:

(A) Complying with the requirements under title III.

(B) Improving the administration of elections for

Federal office.

voting rights, and voting technology.

(D) Training election officials, poll workers, and

election volunteers.

(E) Developing the State plan for requirements

payments to be submitted under part 1 of subtitle D of

title II.

(F) Improving, acquiring, leasing, modifying, or

replacing voting systems and technology and methods for

casting and counting votes.

(G) Improving the accessibility and quantity of

polling places, including providing physical access for

individuals with disabilities, providing nonvisual

access for individuals with visual impairments, and

providing assistance to Native Americans, Alaska Native

citizens, and to individuals with limited proficiency in

the English language.

(H) Establishing toll-free telephone hotlines that

voters may use to report possible voting fraud and

voting rights violations, to obtain general election

information, and to access detailed automated

information on their own voter registration status,

specific polling place locations, and other relevant

information.

(2) Limitation.--A State may not use the funds provided

under a payment made under this section--

(A) to pay costs associated with any litigation,

except to the extent that such costs otherwise

constitute permitted uses of a payment under this

section; or

(B) for the payment of any judgment.

Requirements.--In order to receive a payment under the program under

this section, the State shall provide the Administrator with

certifications that--

(1) the State will use the funds provided under the payment

in a manner that is consistent with each of the laws described

in section 906, as such laws relate to the provisions of this

Act; and

(2) the proposed uses of the funds are not inconsistent with

the requirements of title III.

(d) Amount of Payment.--

(1) In general.--Subject to section 103(b), the amount of

payment made to a State under this section shall be the minimum

payment amount described in paragraph (2) plus

the voting age population proportion amount described in

paragraph (3).

(2) Minimum payment amount.--The minimum payment amount

described in this paragraph is--

(A) in the case of any of the several States or the

District of Columbia, one-half of 1 percent of the

aggregate amount made available for payments under this

section; and

(B) in the case of the Commonwealth of Puerto Rico,

Guam, American Samoa, or the United States Virgin

Islands, one-tenth of 1 percent of such aggregate

amount.

(3) Voting age population proportion amount.--The voting age

population proportion amount described in this paragraph is the

product of--

(A) the aggregate amount made available for payments

under this section minus the total of all of the minimum

payment amounts determined under paragraph (2); and

(B) the voting age population proportion for the

State (as defined in paragraph (4)).

(4) Voting age population proportion defined.--The term

"voting age population proportion" means, with respect to a

State, the amount equal to the quotient of--

(A) the voting age population of the State (as

reported in the most recent decennial census); and

(B) the total voting age population of all States

(as reported in the most recent decennial census).

SEC. 102. REPLACEMENT OF PUNCH CARD OR LEVER VOTING MACHINES.

(a) Establishment of Program.--

(1) In general.--Not later than 45 days

after the date of the enactment of this Act, the Administrator

shall establish a program under which the Administrator shall

make a payment to each State eligible under subsection (b) in

which a precinct within that State used a punch card voting

system or a lever voting system to administer the regularly

scheduled general election for Federal office held in November

2000 (in this section referred to as a "qualifying precinct").

(2) Use of funds.--A State shall use the funds provided

under a payment under this section (either directly or as

reimbursement, including as reimbursement for costs incurred on

or after January 1, 2001, under multiyear contracts) to replace

punch card voting systems or lever voting systems (as the case

may be) in qualifying precincts within that State with a voting

system (by purchase, lease, or such other arrangement as may be

appropriate) that--

(A) does not use punch cards or levers;

(B) is not inconsistent with the requirements of the

laws described in section 906; and

(3) Deadline.--

(A) In general.--Except as provided in subparagraph

(B), a State receiving a payment under the program under

this section shall ensure that all of the punch card

voting systems or lever voting systems in the qualifying

precincts within that State have been replaced in time for the

regularly scheduled general election for Federal office

to be held in November 2004.

(B) Waiver.--If a State certifies to the

Administrator not later than January 1, 2004, that the

State will not meet the deadline described in

subparagraph (A) for good cause and includes in the

certification the reasons for the failure to meet such

deadline, the State shall ensure that all of the punch

card voting systems or lever voting systems in the

qualifying precincts within that State will be replaced

in time for the first election for Federal office held

after January 1, 2006.

(b) Eligibility.--

(1) In general.--A State is eligible to receive a payment

under the program under this section if it submits to the

Administrator a notice not later than the date that is 6 months

after the date of the enactment of this Act (in such form as the

Administrator may require) that contains--

(A) certifications that the State will use the

payment (either directly or as reimbursement, including

as reimbursement for costs incurred on or after January

1, 2001, under multiyear contracts) to replace punch

card voting systems or lever voting systems (as the case

may be) in the qualifying precincts within the State by

the deadline described in subsection (a)(3);

(B) certifications that the State will continue to

comply with the laws described in section 906;

systems will meet the requirements of section 301; and

(D) 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 that requires State legislation to

carry out an activity covered by any certification submitted

under this subsection, the State shall be permitted to make the

certification notwithstanding that the legislation has not been

enacted at the time the certification is submitted and such

State shall submit an additional certification once such

legislation is enacted.

(1) In general.--Subject to paragraph (2) and section

103(b), the amount of payment made to a State under the program

under this section shall be equal to the product of--

(A) the number of the qualifying precincts within

the State; and

(B) $4,000.

(2) Reduction.--If the amount of funds appropriated pursuant

to the authority of section 104(a)(2) is insufficient to ensure

that each State receives the amount of payment calculated under

paragraph (1), the Administrator shall reduce the amount

specified in paragraph (1)(B) to ensure that the entire amount

appropriated under such section is distributed to the States.

(d) Repayment of Funds for Failure To Meet Deadlines.--

(1) In general.--If a State receiving funds under the

program under this section fails to meet the deadline applicable

to the State under subsection (a)(3), the State shall pay to the

Administrator an amount equal to the noncompliant precinct

percentage of the amount of the funds provided to the State

under the program.

(2) Noncompliant precinct percentage defined.--In this

subsection, the term "noncompliant precinct percentage" means,

with respect to a State, the amount (expressed as a percentage)

equal to the quotient of--

(A) the number of qualifying precincts within the

State for which the State failed to meet the applicable

deadline; and

(B) the total number of qualifying precincts in the

State.

(e) Punch Card Voting System Defined.--For purposes of this section,

a "punch card voting system" includes any of the following voting

systems:

(1) C.E.S.

(2) Datavote.

(3) PBC Counter.

(4) Pollstar.

(5) Punch Card.

(6) Vote Recorder.

(7) Votomatic.

SEC. 103. GUARANTEED MINIMUM PAYMENT AMOUNT.

(a) In General.--In addition to any other payments made under this

title, the Administrator shall make a payment to each State to which a

payment is made under either section 101 or 102 and with respect to

which the aggregate amount paid under such sections is less than

$5,000,000 in an amount equal to the difference between the aggregate

amount paid to the State under sections 101 and 102 and $5,000,000. In

the case of the Commonwealth of Puerto Rico, Guam, American Samoa, and

the United States Virgin Islands, the previous sentence shall be applied

as if each reference to "$5,000,000" were a reference to

"$1,000,000".

(b) Pro Rata Reductions.--The Administrator shall make such pro rata

reductions to the amounts described in sections 101(d) and 102(c) as are

necessary to comply with the requirements of subsection (a).

SEC. 104. AUTHORIZATION OF APPROPRIATIONS.

(a) In General.--There are authorized to be appropriated for

payments under this title $650,000,000, of which--

(1) 50 percent shall be for payments under section 101; and

(2) 50 percent shall be for payments under section 102.

(b) Continuing Availability of Funds After Appropriation.--Any

payment made to a State under this title shall be available to the State

without fiscal year limitation (subject to subsection (c)(2)(B)).

Requirements Payments.--

(1) In general.--The amounts described in paragraph (2)

shall be transferred to the Election Assistance Commission

(established under title II) and used by the Commission to make

requirements payments under part 1 of subtitle D of title II.

(2) Amounts described.--The amounts referred to in this

paragraph are as follows:

(A) Any amounts paid to the Administrator by a State

under section 102(d)(1).

(B) Any amounts appropriated for payments under this

title which remain unobligated as of September 1, 2003.

(d) Deposit of Amounts in State Election Fund.--When a State has

established an election fund described in section 254(b), the State

shall ensure that any funds provided to the State under this title are

deposited and maintained in such fund.

(e) Authorization of Appropriations for Administrator.--In addition

to the amounts authorized under subsection (a), there are authorized to

be appropriated to the Administrator such sums as may be necessary to

administer the programs under this title.

SEC. 105. ADMINISTRATION OF PROGRAMS.

In administering the programs under this title, the Administrator

shall take such actions as the Administrator considers appropriate to

expedite the payment of funds to States.

SEC. 106. EFFECTIVE DATE.

The Administrator shall implement the programs established under

this title in a manner that ensures that the Administrator is able to

make payments under the program not later than the expiration of the 45-

day period which begins on the date of the enactment of this Act.

TITLE II--COMMISSION

Subtitle A--Establishment and General Organization

PART 1--ELECTION ASSISTANCE COMMISSION

SEC. 201. ESTABLISHMENT.

There is hereby established as an independent entity the Election

Assistance Commission (hereafter in this title referred to as the

"Commission"), consisting of the members appointed under this part.

Additionally, there is established the Election Assistance Commission

Standards Board (including the Executive Board of such Board) and the

Election Assistance Commission Board of Advisors under part 2 (hereafter

in this part referred to as the "Standards Board" and the "Board of

Advisors", respectively) and the Technical Guidelines Development

Committee under part 3.

SEC. 202. DUTIES.

The Commission shall serve as a national clearinghouse and resource

for the compilation of information and review of procedures with respect

to the administration of Federal elections by--

(1) carrying out the duties described in part 3 (relating to

the adoption of voluntary voting system guidelines), including

the maintenance of a clearinghouse of information on the

experiences of State and local governments in implementing the

guidelines and in operating voting systems in general;

(2) carrying out the duties described in subtitle B

(relating to the testing, certification, decertification, and

recertification of voting system hardware and software);

(3) carrying out the duties described in subtitle C

(relating to conducting studies and carrying out other

activities to promote the effective administration of Federal

elections);

(4) carrying out the duties described in subtitle D

(relating to election assistance), and providing information and

training on the management of the payments and grants provided

under such subtitle;

(5) carrying out the duties described in subtitle B of title

III (relating to the adoption of voluntary guidance); and

(6) developing and carrying out the Help America Vote

College Program under title V.

SEC. 203. MEMBERSHIP AND APPOINTMENT.

(a) Membership.--

(1) In general.--The Commission shall

have four members appointed by the President, by and with the

advice and consent of the Senate.

(2) Recommendations.--Before the initial appointment of the

members of the Commission and before the appointment of any

individual to fill a vacancy on the Commission, the Majority

Leader of the Senate, the Speaker of the House of

Representatives, the Minority Leader of the Senate, and the

Minority Leader of the House of Representatives shall each

submit to the President a candidate recommendation with respect

to each vacancy on the Commission affiliated with the political

party of the Member of Congress involved.

(3) Qualifications.--Each member of the Commission shall

have experience with or expertise in election administration or

the study of elections.

(4) Date of appointment.--The appointments of the members

of the Commission shall be made not later than 120 days after

the date of the enactment of this Act.

(b) Term of Service.--

(1) In general.--Except as provided in paragraphs (2) and

(3), members shall serve for a term of 4 years and may be

reappointed for not more than one additional term.

(2) Terms of initial appointees.--As designated by the

President at the time of nomination, of the members first

appointed--

(A) two of the members (not more than one of whom

may be affiliated with the same political party) shall

be appointed for a term of 2 years; and

(B) two of the members (not more than one of whom

may be affiliated with the same political party) shall

be appointed for a term of 4 years.

(3) Vacancies.--

(A) In general.--A vacancy on the Commission shall

be filled in the manner in which the original

appointment was made and shall be subject to any

conditions which applied with respect to the original

appointment.

(B) Expired terms.--A member of the Commission shall

serve on the Commission after the expiration of the

member's term until the successor of such member has

taken office as a member of the Commission.

fill a vacancy shall be appointed for the unexpired term

of the member replaced.

(1) In general.--The Commission shall select a chair and

vice chair from among its members for a term of 1 year, except

that the chair and vice chair may not be affiliated with the

same political party.

(2) Number of terms.--A member of the Commission may serve

as the chairperson and vice chairperson for only 1 term each

during the term of office to which such member is appointed.

(d) Compensation.--

(1) In general.--Each member of the Commission shall be

compensated at the annual rate of basic pay prescribed for level

IV of the Executive Schedule under section 5315 of title 5,

United States Code.

(2) Other activities.--No member appointed to the Commission

under subsection (a) may engage in any other business, vocation,

or employment while serving as a member of the Commission and

shall terminate or liquidate such business, vocation, or

employment before sitting as a member of the Commission.

SEC. 204. STAFF.

(a) Executive Director, General Counsel, and Other Staff.--

(1) Executive director.--The Commission shall have an

Executive Director, who shall be paid at a rate not to exceed

the rate of basic pay for level V of the Executive Schedule

under section 5316 of title 5, United States Code.

(2) Term of service for executive director.--The Executive

Director shall serve for a term of 4 years. An Executive

Director may serve for a longer period only if reappointed for

an additional term or terms by a vote of the Commission.

(3) Procedure for appointment.--

(A) In general.--When a vacancy exists in the

position of the Executive Director, the Standards Board

and the Board of Advisors shall each appoint a search

committee to recommend at least three nominees for the

position.

(B) Requiring consideration of nominees.--Except as

provided in subparagraph (C), the Commission shall

consider the nominees recommended by the Standards Board

and the Board of Advisors in appointing the Executive

Director.

vacancy exists in the position of the Executive

Director, the General Counsel of the Commission shall

serve as the acting Executive Director until the

Commission appoints a new Executive Director in

accordance with this paragraph.

(D) Special rules for interim executive director.--

(i) Convening of search committees.--The

Standards Board and the Board of Advisors shall

each appoint a search committee and recommend

nominees for the position of Executive Director in

accordance with subparagraph (A) as soon as practicable after

the appointment of their members.

(ii) Interim initial appointment.--

Notwithstanding subparagraph (B), the Commission

may appoint an individual to serve as an interim

Executive Director prior to the recommendation of

nominees for the position by the Standards Board

or the Board of Advisors, except that such

individual's term of service may not exceed 6

months. Nothing in the previous sentence may be

construed to prohibit the individual serving as

the interim Executive Director from serving any

additional term.

(4) General counsel.--The Commission shall have a General

Counsel, who shall be appointed by the Commission and who shall

serve under the Executive Director. The General Counsel shall

serve for a term of 4 years, and may serve for a longer period

only if reappointed for an additional term or terms by a vote of

the Commission.

(5) Other staff.--Subject to rules prescribed by the

Commission, the Executive Director may appoint and fix the pay

of such additional personnel as the Executive Director considers

appropriate.

(6) Applicability of certain civil service laws.--The

Executive Director, General Counsel, and staff of the Commission

may be appointed without regard to the provisions of title 5,

United States Code, governing appointments in the competitive

service, and may be paid without regard to the provisions of

chapter 51 and subchapter III of chapter 53 of that title

relating to classification and General Schedule pay rates,

except that an individual so appointed may not receive pay in

excess of the annual rate of basic pay for level V of the

Executive Schedule under section 5316 of that title.

(b) Experts and Consultants.--Subject to rules prescribed by the

Commission, the Executive Director may procure temporary and

intermittent services under section 3109(b) of title 5, United States

Code, by a vote of the Commission.

head of any Federal department or agency may detail, on a reimbursable

basis, any of the personnel of that department or agency to the

Commission to assist it in carrying out its duties under this Act.

(d) Arranging for Assistance for Board of Advisors and Standards

Board.--At the request of the Board of Advisors or the Standards Board,

the Commission may enter into such arrangements as the Commission

considers appropriate to make personnel available to assist the Boards

with carrying out their duties under this title (including contracts

with private individuals for providing temporary personnel services or

the temporary detailing of personnel of the Commission).

(e) Consultation With Board of Advisors and Standards Board on

Certain Matters.--In preparing the program goals, long-term plans,

mission statements, and related matters for the Commission, the

Executive Director and staff of the Commission shall consult with the

Board of Advisors and the Standards Board.

SEC. 205. POWERS.

(a) Hearings and Sessions.--The Commission may hold such hearings

for the purpose of carrying out this Act, sit and act at such times and

places, take such testimony, and receive such evidence as the Commission

considers advisable to carry out this Act. The Commission may administer

oaths and affirmations to witnesses appearing before the Commission.

(b) Information From Federal Agencies.--The Commission may secure

directly from any Federal department or agency such information as the

Commission considers necessary to carry out this Act. Upon request of

the Commission, the head of such department or agency shall furnish such

information to the Commission.

in the same manner and under the same conditions as other departments

and agencies of the Federal Government.

(d) Administrative Support Services.--Upon the request of the

Commission, the Administrator of General Services shall provide to the

Commission, on a reimbursable basis, the administrative support services

that are necessary to enable the Commission to carry out its duties

under this Act.

(e) Contracts.--The Commission may contract with and compensate

persons and Federal agencies for supplies and services without regard to

section 3709 of the Revised Statutes of the United States (41 U.S.C. 5).

SEC. 206. DISSEMINATION OF INFORMATION.

In carrying out its duties, the Commission shall, on an ongoing

basis, disseminate to the public (through the Internet, published

reports, and such other methods as the Commission considers appropriate)

in a manner that is consistent with the requirements of chapter 19 of

title 44, United States Code, information on the activities carried out

under this Act.

SEC. 207. ANNUAL REPORT.

Not later than January 31 of each year

(beginning with 2004), the Commission shall submit a report to the

Committee on House Administration of the House of Representatives and

the Committee on Rules and Administration of the Senate detailing its

activities during the fiscal year which ended on September 30 of the

previous calendar year, and shall include in the report the following

information:

(1) A detailed description of activities conducted with

respect to each program carried out by the Commission under this

Act, including information on each grant or other payment made

under such programs.

(2) A copy of each report submitted to the Commission by a

recipient of such grants or payments which is required under

such a program, including reports submitted by States receiving

requirements payments under part 1 of subtitle D, and each other

report submitted to the Commission under this Act.

(3) Information on the voluntary voting system guidelines

adopted or modified by the Commission under part 3 and

information on the voluntary guidance adopted under subtitle B

of title III.

(4) All votes taken by the Commission.

(5) Such other information and recommendations as the

Commission considers appropriate.

SEC. 208. REQUIRING MAJORITY APPROVAL FOR ACTIONS.

Any action which the Commission is authorized to carry out under

this Act may be carried out only with the approval of at least three of

its members.

SEC. 209. LIMITATION ON RULEMAKING AUTHORITY.

The Commission shall not have any authority to issue any rule,

promulgate any regulation, or take any other action which imposes any

requirement on any State or unit of local government, except to the

extent permitted under section 9(a) of the National Voter Registration

Act of 1993 (42 U.S.C. 1973gg-7(a)).

SEC. 210. AUTHORIZATION OF APPROPRIATIONS.

In addition to the amounts authorized for payments and grants under

this title and the amounts authorized to be appropriated for the program

under section 503, there are authorized to be appropriated for each of

the fiscal years 2003 through 2005 such sums as may be necessary (but

not to exceed $10,000,000 for each such year) for the Commission to

carry out this title.

PART 2--ELECTION ASSISTANCE COMMISSION STANDARDS BOARD AND BOARD OF

ADVISORS

SEC. 211. ESTABLISHMENT.

There are hereby established the Election Assistance Commission

Standards Board (hereafter in this title referred to as the "Standards

Board") and the Election Assistance Commission Board of Advisors

(hereafter in this title referred to as the "Board of Advisors").

SEC. 212. DUTIES.

The Standards Board and the Board of Advisors shall each, in

accordance with the procedures described in part 3, review the voluntary

voting system guidelines under such part, the voluntary guidance under

title III, and the best practices recommendations contained in the

report submitted under section 242(b).

SEC. 213. MEMBERSHIP OF STANDARDS BOARD.

(a) Composition.--

(1) In general.--Subject to certification by the chair of

the Federal Election Commission under subsection (b), the

Standards Board shall be composed of 110 members as follows:

(A) Fifty-five shall be State election officials

selected by the chief State election official of each

State.

(B) Fifty-five shall be local election officials

selected in accordance with paragraph (2).

(2) List of local election officials.--Each State's local

election officials, including the local election officials of

Puerto Rico and the United States Virgin Islands, shall select

(under a process supervised by the chief election official of

the State) a representative local election official from the

State for purposes of paragraph (1)(B). In the case of the

District of Columbia, Guam, and American Samoa, the chief

election official shall establish a procedure for selecting an

individual to serve as a local election official for purposes of

such paragraph, except that under such a procedure the individual selected may

not be a member of the same political party as the chief

election official.

(3) Requiring mix of political parties represented.--The two

members of the Standards Board who represent the same State may

not be members of the same political party.

(b) Procedures for Notice and Certification of Appointment.--

(1) Notice to chair of federal election

commission.--Not later than 90 days after the date of the

enactment of this Act, the chief State election official of the

State shall transmit a notice to the chair of the Federal

Election Commission containing--

(A) the name of the State election official who

agrees to serve on the Standards Board under this title;

and

(B) the name of the representative local election

official from the State selected under subsection (a)(2)

who agrees to serve on the Standards Board under this

title.

(2) Certification.--Upon receiving a

notice from a State under paragraph (1), the chair of the

Federal Election Commission shall publish a certification that

the selected State election official and the representative

local election official are appointed as members of the

Standards Board under this title.

(3) Effect of failure to provide notice.--If a State does

not transmit a notice to the chair of the Federal Election

Commission under paragraph (1) within the deadline described in

such paragraph, no representative from the State may participate

in the selection of the initial Executive Board under subsection

(c).

(4) Role of commission.--Upon the appointment of the members

of the Election Assistance Commission, the Election Assistance

Commission shall carry out the duties of the Federal Election

Commission under this subsection.

(1) In general.--Not later than 60 days

after the last day on which the appointment of any of its

members may be certified under subsection (b), the Standards

Board shall select nine of its members to serve as the Executive

Board of the Standards Board, of whom--

(A) not more than five may be State election

officials;

(B) not more than five may be local election

officials; and

political party.

(2) Terms.--Except as provided in paragraph (3), members of

the Executive Board of the Standards Board shall serve for a

term of 2 years and may not serve for more than 3 consecutive

terms.

(3) Staggering of initial terms.--Of the members first

selected to serve on the Executive Board of the Standards

Board--

(A) three shall serve for 1 term;

(B) three shall serve for 2 consecutive terms; and

as determined by lot at the time the members are first

appointed.

(4) Duties.--In addition to any other duties assigned under

this title, the Executive Board of the Standards Board may carry

out such duties of the Standards Board as the Standards Board

may delegate.

SEC. 214. MEMBERSHIP OF BOARD OF ADVISORS.

(a) In General.--The Board of Advisors shall be composed of 37

members appointed as follows:

(1) Two members appointed by the National Governors

Association.

(2) Two members appointed by the National Conference of

State Legislatures.

(3) Two members appointed by the National Association of

Secretaries of State.

(4) Two members appointed by the National Association of

State Election Directors.

(5) Two members appointed by the National Association of

Counties.

(6) Two members appointed by the National Association of

County Recorders, Election Administrators, and Clerks.

(7) Two members appointed by the United States Conference of

Mayors.

(8) Two members appointed by the Election Center.

(9) Two members appointed by the International Association

of County Recorders, Election Officials, and Treasurers.

(10) Two members appointed by the United States Commission

on Civil Rights.

(11) Two members appointed by the Architectural and

Transportation Barrier Compliance Board under section 502 of the

Rehabilitation Act of 1973 (29 U.S.C. 792).

(12) The chief of the Office of Public Integrity of the

Department of Justice, or the chief's designee.

(13) The chief of the Voting Section of the Civil Rights

Division of the Department of Justice or the chief's designee.

(14) The director of the Federal Voting Assistance Program

of the Department of Defense.

(15) Four members representing professionals in the field of

science and technology, of whom--

(A) one each shall be appointed by the Speaker and

the Minority Leader of the House of Representatives; and

(B) one each shall be appointed by the Majority

Leader and the Minority Leader of the Senate.

(16) Eight members representing voter interests, of whom--

(A) four members shall be appointed by the Committee

on House Administration of the House of Representatives,

of whom two shall be appointed by the chair and two

shall be appointed by the ranking minority member; and

(B) four members shall be appointed by the Committee

on Rules and Administration of the Senate, of whom two

shall be appointed by the chair and two shall be

appointed by the ranking minority member.

(b) Manner of Appointments.--Appointments shall be made to the Board

of Advisors under subsection (a) in a manner which ensures that the

Board of Advisors will be bipartisan in nature and will reflect the

various geographic regions of the United States.

shall serve for a term of 2 years, and may be reappointed.

Any vacancy in the Board of Advisors shall be filled in the manner in

which the original appointment was made.

(d) Chair.--The Board of Advisors shall elect a Chair from among its

members.

SEC. 215. POWERS OF BOARDS; NO COMPENSATION FOR SERVICE.

(a) Hearings and Sessions.--

(1) In general.--To the extent that funds are made available

by the Commission, the Standards Board (acting through the

Executive Board) and the Board of Advisors may each hold such

hearings for the purpose of carrying out this Act, sit and act

at such times and places, take such testimony, and receive such

evidence as each such Board considers advisable to carry out

this title, except that the Boards may not issue subpoenas

requiring the attendance and testimony of witnesses or the

production of any evidence.

(2) Meetings.--The Standards Board and the Board of Advisors

shall each hold a meeting of its members--

(A) not less frequently than once every year for

purposes of voting on the voluntary voting system

guidelines referred to it under section 222;

(B) in the case of the Standards Board, not less

frequently than once every 2 years for purposes of

selecting the Executive Board; and

for purposes of conducting such other business as it

considers appropriate consistent with this title.

(b) Information From Federal Agencies.--The Standards Board and the

Board of Advisors may each secure directly from any Federal department

or agency such information as the Board considers necessary to carry out

this Act. Upon request of the Executive Board (in the case of the

Standards Board) or the Chair (in the case of the Board of Advisors),

the head of such department or agency shall furnish such information to

the Board.

may use the United States mails in the same manner and under the same

conditions as a department or agency of the Federal Government.

(d) Administrative Support Services.--Upon the request of the

Executive Board (in the case of the Standards Board) or the Chair (in

the case of the Board of Advisors), the Administrator of the General

Services Administration shall provide to the Board, on a reimbursable

basis, the administrative support services that are necessary to enable

the Board to carry out its duties under this title.

(e) No Compensation for Service.--Members of the Standards Board and

members of the Board of Advisors shall not receive any compensation for

their service, but shall be paid travel expenses, including per diem in

lieu of subsistence, at rates authorized for employees of agencies under

subchapter I of chapter 57 of title 5, United States Code, while away

from their homes or regular places of business in the performance of

services for the Board.

SEC. 216. STATUS OF BOARDS AND MEMBERS FOR PURPOSES OF CLAIMS AGAINST BOARD.

(a) Applicability. In General.--The provisions of

chapters 161 and 171 of title 28, United States Code, shall apply with

respect to the liability of the Standards Board, the Board of Advisors,

and their members for acts or omissions performed pursuant to and in

the course of the duties and responsibilities of the Board.

(b) Exception for Criminal Acts and Other Willful Conduct.--

Subsection (a) may not be construed to limit personal liability for

criminal acts or omissions, willful or malicious misconduct, acts or

omissions for private gain, or any other act or omission outside the

scope of the service of a member of the Standards Board or the Board of

Advisors.

PART 3--TECHNICAL GUIDELINES DEVELOPMENT COMMITTEE

SEC. 221. TECHNICAL GUIDELINES DEVELOPMENT COMMITTEE.

(a) Establishment.--There is hereby established the Technical

Guidelines Development Committee (hereafter in this part referred to as

the "Development Committee").

(b) Duties.--

(1) In general.--The Development Committee shall assist the

Executive Director of the Commission in the development of the

voluntary voting system guidelines.

(2) Deadline for initial set of recommendations.--The

Development Committee shall provide its first set of

recommendations under this section to the Executive Director of

the Commission not later than 9 months after all of its members

have been appointed.

(1) In general.--The Development Committee shall be composed

of the Director of the National Institute of Standards and

Technology (who shall serve as its chair), together with a group

of 14 other individuals appointed jointly by the Commission and

the Director of the National Institute of Standards and

Technology, consisting of the following:

(A) An equal number of each of the following:

(i) Members of the Standards Board.

(ii) Members of the Board of Advisors.

(iii) Members of the Architectural and

Transportation Barrier Compliance Board under

section 502 of the Rehabilitation Act of 1973 (29

U.S.C. 792).

(B) A representative of the American National

Standards Institute.

and Electronics Engineers.

(D) Two representatives of the National Association

of State Election Directors selected by such Association

who are not members of the Standards Board or Board of

Advisors, and who are not of the same political party.

(E) Other individuals with technical and scientific

expertise relating to voting systems and voting

equipment.

(2) Quorum.--A majority of the members of the Development

Committee shall constitute a quorum, except that the Development

Committee may not conduct any business prior to the appointment

of all of its members.

(d) No Compensation for Service.--Members of the Development

Committee shall not receive any compensation for their service, but

shall be paid travel expenses, including per diem in lieu of

subsistence, at rates authorized for employees of agencies

under subchapter I of chapter 57 of title 5, United States Code, while

away from their homes or regular places of business in the performance

of services for the Development Committee.

(e) Technical Support From National Institute of Standards and

Technology.--

(1) In general.--At the request of the Development

Committee, the Director of the National Institute of Standards

and Technology shall provide the Development Committee with

technical support necessary for the Development Committee to

carry out its duties under this subtitle.

(2) Technical support.--The technical support provided under

paragraph (1) shall include intramural research and development

in areas to support the development of the voluntary voting

system guidelines under this part, including--

(A) the security of computers, computer networks,

and computer data storage used in voting systems,

including the computerized list required under section

303(a);

(B) methods to detect and prevent fraud;

(D) the role of human factors in the design and

application of voting systems, including assistive

technologies for individuals with disabilities

(including blindness) and varying levels of literacy;

and

(E) remote access voting, including voting through

the Internet.

(3) No private sector intellectual property rights in

guidelines.--No private sector individual or entity shall obtain

any intellectual property rights to any guideline or the

contents of any guideline (or any modification to any guideline)

adopted by the Commission under this Act.

(f) Publication of Recommendations in Federal Register.--At the time

the Commission adopts any voluntary voting system guideline pursuant to

section 222, the Development Committee shall cause to have published in

the Federal Register the recommendations it provided under this section

to the Executive Director of the Commission concerning the guideline

adopted.

SEC. 222. PROCESS FOR ADOPTION.

(a) General Requirement for Notice and Comment.--Consistent with

the requirements of this section, the final adoption of the voluntary

voting system guidelines (or modification of such a guideline) shall

be carried out by the Commission in a manner that provides for each of the following:

(1) Publication of notice of the proposed guidelines in the

Federal Register.

(2) An opportunity for public comment on the proposed

guidelines.

(3) An opportunity for a public hearing on the record.

(4) Publication of the final guidelines in the Federal

(b) Consideration of Recommendations of Development Committee;

Submission of Proposed Guidelines to Board of Advisors and Standards

Board.--

(1) Consideration of recommendations of development

committee.--In developing the voluntary voting system guidelines

and modifications of such guidelines under this section,

the Executive Director of the Commission shall take into

consideration the recommendations provided by the Technical

Guidelines Development Committee under section 221.

(2) Board of advisors.--The Executive Director of the

Commission shall submit the guidelines proposed to be adopted

under this part (or any modifications to such guidelines) to the

Board of Advisors.

(3) Standards board.--The Executive Director of the

Commission shall submit the guidelines proposed to be adopted

under this part (or any modifications to such guidelines) to the

Executive Board of the Standards Board, which shall review the

guidelines (or modifications) and forward its recommendations to

the Standards Board.

described in subsection (b) (or a modification of such guidelines) from

the Executive Director of the Commission, the Board of Advisors and the

Standards Board shall each review and submit comments and

recommendations regarding the guideline (or modification) to the

Commission.

(d) Final Adoption.--

(1) In general.--A voluntary voting system guideline

described in subsection (b) (or modification of such a

guideline) shall not be considered to be finally adopted by the

Commission unless the Commission votes to approve the final

adoption of the guideline (or modification), taking into

consideration the comments and recommendations submitted by the

Board of Advisors and the Standards Board under subsection (c).

(2) Minimum period for consideration of comments and

recommendations.--The Commission may not vote on the final

adoption of a guideline described in subsection (b) (or

modification of such a guideline) until the expiration of the

90-day period which begins on the date the Executive Director of

the Commission submits the proposed guideline (or modification)

to the Board of Advisors and the Standards Board under

subsection (b).

(e) Special Rule for Initial Set of Guidelines.--Notwithstanding any

other provision of this part, the most recent set of voting system

standards adopted by the Federal Election Commission prior to the date

of the enactment of this Act shall be deemed to have been adopted by the

Commission as of the date of the enactment of this Act as the first set

of voluntary voting system guidelines adopted under this part.

Subtitle B--Testing, Certification, Decertification, and Recertification

of Voting System Hardware and Software

SEC. 231. CERTIFICATION AND TESTING OF VOTING SYSTEMS.

(a) Certification and Testing.--

(1) In general.--The Commission shall provide for the

testing, certification, decertification, and recertification of

voting system hardware and software by accredited laboratories.

(2) Optional use by states.--At the option of a State, the

State may provide for the testing, certification,

decertification, or recertification of its voting system

hardware and software by the laboratories accredited by the

Commission under this section.

(b) Laboratory Accreditation.--

(1) Recommendations by national institute of standards and

technology.--Not later than 6 months after the Commission first

adopts voluntary voting system guidelines under part 3 of

subtitle A, the Director of the National Institute of Standards

and Technology shall conduct an evaluation of independent,

non-Federal laboratories and shall submit to the Commission a

list of those laboratories the Director proposes to be accredited

to carry out the testing, certification, decertification, and

recertification provided for under this section.

(2) Approval by commission.--

(A) In general.--The Commission shall vote on the

accreditation of any laboratory under this section,

taking into consideration the list submitted under

paragraph (1), and no laboratory may be accredited for

purposes of this section unless its accreditation is

approved by a vote of the Commission.

(B) Accreditation laboratories not on director

list.-- The Commission shall

publish an explanation for the accreditation of any

laboratory not included on the list submitted by the

Director of the National Institute of Standards and

Technology under paragraph (1).

Technology.--

(1) In general.--In cooperation with the Commission and in

consultation with the Standards Board and the Board of Advisors,

the Director of the National Institute of Standards and

Technology shall monitor and review, on an ongoing basis, the

performance of the laboratories accredited by the Commission

under this section, and shall make such recommendations to the

Commission as it considers appropriate with respect to the

continuing accreditation of such laboratories, including

recommendations to revoke the accreditation of any such

laboratory.

(2) Approval by commission required for revocation.--The

accreditation of a laboratory for purposes of this section may

not be revoked unless the revocation is approved by a vote of

the Commission.

(d) Transition.--Until such time as the Commission provides for the

testing, certification, decertification, and recertification of voting

system hardware and software by accredited laboratories under this

section, the accreditation of laboratories and the procedure for the

testing, certification, decertification, and recertification of voting

system hardware and software used as of the date of the enactment of

this Act shall remain in effect.

Subtitle C--Studies and Other Activities To Promote Effective

Administration of Federal Elections

SEC. 241. PERIODIC STUDIES OF ELECTION ADMINISTRATION ISSUES.

(a) In General.--On such periodic basis as the Commission may

determine, the Commission shall conduct and make available to the

public studies regarding the election administration issues described

in subsection (b), with the goal of promoting methods of voting and

administering elections which--

(1) will be the most convenient, accessible, and easy to use

for voters, including members of the uniformed services and

overseas voters, individuals with disabilities, including the

blind and visually impaired, and voters with limited proficiency

in the English language;

(2) will yield the most accurate, secure, and expeditious

system for voting and tabulating election results;

(3) will be nondiscriminatory and afford each registered and

eligible voter an equal opportunity to vote and to have that

vote counted; and

(4) will be efficient and cost-effective for use.

(b) Election Administration Issues Described.--For purposes of

subsection (a), the election administration issues described in this

subsection are as follows:

(1) Methods and mechanisms of election technology and voting

systems used in voting and counting votes in elections for

Federal office, including the over-vote and under-vote

notification capabilities of such technology and systems.

(2) Ballot designs for elections for Federal office.

(3) Methods of voter registration, maintaining secure and

accurate lists of registered voters (including the establishment

of a centralized, interactive, statewide voter registration list

linked to relevant agencies and all polling sites), and ensuring

that registered voters appear on the voter registration list at

the appropriate polling site.

(4) Methods of conducting provisional voting.

(5) Methods of ensuring the accessibility of voting,

registration, polling places, and voting equipment to all

voters, including individuals with disabilities (including the

blind and visually impaired), Native American or Alaska Native

citizens, and voters with limited proficiency in the English

language.

(6) Nationwide statistics and methods of identifying,

deterring, and investigating voting fraud in elections for

Federal office.

(7) Identifying, deterring, and investigating methods of

voter intimidation.

(8) Methods of recruiting, training, and improving the

performance of poll workers.

(9) Methods of educating voters about the process of

registering to vote and voting, the operation of voting

mechanisms, the location of polling places, and all other

aspects of participating in elections.

(10) The feasibility and advisability of conducting

elections for Federal office on different days, at different

places, and during different hours, including the advisability of

establishing a uniform poll closing time and establishing--

(A) a legal public holiday under section 6103 of

title 5, United States Code, as the date on which

general elections for Federal office are held;

(B) the Tuesday next after the 1st Monday in

November, in every even numbered year, as a legal public

holiday under such section;

Monday in November, in every even numbered year as the

date on which general elections for Federal office are

held; and

(D) any date described in subparagraph (C) as a

legal public holiday under such section.

(11) Federal and State laws governing the eligibility of

persons to vote.

(12) Ways that the Federal Government can best assist State

and local authorities to improve the administration of elections

for Federal office and what levels of funding would be necessary

to provide such assistance.

(13)(A) The laws and procedures used by each State that

govern--

(i) recounts of ballots cast in elections for

Federal office;

(ii) contests of determinations regarding whether

votes are counted in such elections; and

(iii) standards that define what will constitute a

vote on each type of voting equipment used in the State

to conduct elections for Federal office.

(B) The best practices (as identified by the Commission)

that are used by States with respect to the recounts and

contests described in clause (i).

among State recount and contest procedures used with respect to

elections for Federal office.

(14) The technical feasibility of providing voting materials

in eight or more languages for voters who speak those languages

and who have limited English proficiency.

(15) Matters particularly relevant to voting and

administering elections in rural and urban areas.

(16) Methods of voter registration for members of the

uniformed services and overseas voters, and methods of ensuring

that such voters receive timely ballots that will be properly

and expeditiously handled and counted.

(17) The best methods for establishing voting system

performance benchmarks, expressed as a percentage of residual

vote in the Federal contest at the top of the ballot.

(18) Broadcasting practices that may result in the broadcast

of false information concerning the location or time of

operation of a polling place.

(19) Such other matters as the Commission determines are

appropriate.

the Committee on House Administration of the House of Representatives

and the Committee on Rules and Administration of the Senate a report on

each study conducted under subsection (a) together with such

recommendations for administrative and legislative action as the

Commission determines is appropriate.

SEC. 242. STUDY, REPORT, AND RECOMMENDATIONS ON EST PRACTICES FOR

FACILITATING MILITARY AND OVERSEAS VOTING.

(a) Study.--

(1) In general.--The Commission, in consultation with the

Secretary of Defense, shall conduct a study on the best

practices for facilitating voting by absent uniformed services

voters (as defined in section 107(1) of the Uniformed and

Overseas Citizens Absentee Voting Act) and overseas voters (as

defined in section 107(5) of such Act).

(2) Issues considered.--In conducting the study under

paragraph (1) the Commission shall consider the following

issues:

(A) The rights of residence of uniformed services

voters absent due to military orders.

(B) The rights of absent uniformed services voters

and overseas voters to register to vote and cast

absentee ballots, including the right of such voters to

cast a secret ballot.

and overseas voters to submit absentee ballot

applications early during an election year.

(D) The appropriate preelection deadline for mailing

absentee ballots to absent uniformed services voters and

overseas voters.

(E) The appropriate minimum period between the

mailing of absentee ballots to absent uniformed services

voters and overseas voters and the deadline for receipt

of such ballots.

(F) The timely transmission of balloting materials

to absent uniformed services voters and overseas voters.

(G) Security and privacy concerns in the

transmission, receipt, and processing of ballots from

absent uniformed services voters and overseas voters,

including the need to protect against fraud.

(H) The use of a single application by absent

uniformed services voters and overseas voters for

absentee ballots for all Federal elections occurring

during a year.

(I) The use of a single application for voter

registration and absentee ballots by absent uniformed

services voters and overseas voters.

(J) The use of facsimile machines and electronic

means of transmission of absentee ballot applications

and absentee ballots to absent uniformed services voters

and overseas voters.

(K) Other issues related to the rights of absent

uniformed services voters and overseas voters to

participate in elections.

(b) Report and Recommendations.--Not later than

the date that is 18 months after the date of the enactment of this Act,

the Commission shall submit to the President and Congress a report on

the study conducted under subsection (a)(1) together with

recommendations identifying the best practices used with respect to the

issues considered under subsection (a)(2).

SEC. 243. REPORT ON HUMAN FACTOR RESEARCH.

Not later than 1 year after the date of the

enactment of this Act, the Commission, in consultation with the Director

of the National Institute of Standards and Technology, shall submit a report to

Congress which assesses the areas of human factor research, including

usability engineering and human-computer and human-machine interaction,

which feasibly could be applied to voting products and systems design to

ensure the usability and accuracy of voting products and systems,

including methods to improve access for individuals with disabilities

(including blindness) and individuals with limited proficiency in the

English language and to reduce voter error and the number of spoiled

ballots in elections.

SEC. 244. STUDY AND REPORT ON VOTERS WHO REGISTER BY MAIL AND USE OF

SOCIAL SECURITY INFORMATION.

(a) Registration by Mail.--

(1) Study.--

(A) In general.--The Commission shall conduct a

study of the impact of section 303(b) on voters who

(B) Specific issues studied.--The study conducted

under subparagraph (A) shall include--

(i) an examination of the impact of section

303(b) on first time mail registrant voters who

vote in person, including the impact of such

section on voter registration;

(ii) an examination of the impact of such

section on the accuracy of voter rolls, including

preventing ineligible names from being placed on

voter rolls and ensuring that all eligible names

are placed on voter rolls; and

(iii) an analysis of the impact of such

section on existing State practices, such as the

use of signature verification or attestation

procedures to verify the identity of voters in

elections for Federal office, and an analysis of

other changes that may be made to improve the

voter registration process, such as verification

or additional information on the registration

card.

(2) Report.--Not later than 18 months

after the date on which section 303(b)(2) takes effect, the

Commission shall submit a report to the President and Congress

on the study conducted under paragraph (1)(A) together with such

recommendations for administrative and legislative action as the

Commission determines is appropriate.

(b) Use of Social Security Information.--Not

later than 18 months after the date on which section 303(a)(5) takes

effect, the Commission, in consultation with the Commissioner of Social

Security, shall study and report to Congress on the feasibility and

advisability of using Social Security identification numbers or other

information compiled by the Social Security Administration to establish

voter registration or other election law eligibility or identification

requirements, including the matching of relevant information specific to

an individual voter, the impact of such use on national security issues,

and whether adequate safeguards or waiver procedures exist to protect

the privacy of an individual voter.

SEC. 245. STUDY AND REPORT ON ELECTRONIC VOTING AND THE ELECTORAL PROCESS.

(a) Study.--

(1) In general.--The Commission shall conduct a thorough

study of issues and challenges, specifically to include the

potential for election fraud, presented by incorporating

communications and Internet technologies in the Federal, State,

and local electoral process.

(2) Issues to be studied.--The Commission may include in the

study conducted under paragraph (1) an examination of--

(A) the appropriate security measures required and

minimum standards for certification of systems or

technologies in order to minimize the potential for

fraud in voting or in the registration of qualified

citizens to register and vote;

(B) the possible methods, such as Internet or other

communications technologies, that may be utilized in the

electoral process, including the use of those

technologies to register voters and enable citizens to

vote online, and recommendations concerning statutes and

rules to be adopted in order to implement an online or

Internet system in the electoral process;

technology systems for use in the electoral process

could have on voter participation rates, voter

education, public accessibility, potential external

influences during the elections process, voter privacy

and anonymity, and other issues related to the conduct

and administration of elections;

(D) whether other aspects of the electoral process,

such as public availability of candidate information and

citizen communication with candidates, could benefit

from the increased use of online or Internet

technologies;

(E) the requirements for authorization of

collection, storage, and processing of electronically

generated and transmitted digital messages to permit any

eligible person to register to vote or vote in an

election, including applying for and casting an absentee

ballot;

(F) the implementation cost of an online or Internet

voting or voter registration system and the costs of

elections after implementation (including a comparison

of total cost savings for the administration of the

electoral process by using Internet technologies or

systems);

(G) identification of current and foreseeable online

and Internet technologies for use in the registration of

voters, for voting, or for the purpose of reducing

election fraud, currently available or in use by

election authorities;

(H) the means by which to ensure and achieve equity

of access to online or Internet voting or voter

registration systems and address the fairness of such

systems to all citizens; and

(I) the impact of technology on the speed,

timeliness, and accuracy of vote counts in Federal,

State, and local elections.

(b) Report.--

(1) Submission.--Not later than 20

months after the date of the enactment of this Act, the

Commission shall transmit to the Committee on House

Administration of the House of Representatives and the Committee

on Rules and Administration of the Senate a report on the

results of the study conducted under subsection (a), including

such legislative recommendations or model State laws as are

required to address the findings of the Commission.

(2) Internet posting.--In addition to the dissemination

requirements under chapter 19 of title 44, United States Code,

the Election Administration Commission shall post the report

transmitted under paragraph (1) on an Internet website.

SEC. 246. STUDY AND REPORT ON FREE ABSENTEE BALLOT POSTAGE.

(a) Study on the Establishment of a Free Absentee Ballot Postage

Program.--

(1) In general.--The Commission, in consultation with the

Postal Service, shall conduct a study on the feasibility and

advisability of the establishment of a program under which the

Postal Service shall waive or otherwise reduce the amount of

postage applicable with respect to absentee ballots submitted by

voters in general elections for Federal office (other than

balloting materials mailed under section 3406 of title 39,

United States Code) that does not apply with respect to the

postage required to send the absentee ballots to voters.

(2) Public survey.--As part of the study conducted under

paragraph (1), the Commission shall conduct a survey of

potential beneficiaries under the program described in such

paragraph, including the elderly and disabled, and shall take

into account the results of such survey in determining the

feasibility and advisability of establishing such a program.

(b) Report.--

(1) Submission.--Not later than the

date that is 1 year after the date of the enactment of this Act,

the Commission shall submit to Congress a report on the study

conducted under subsection (a)(1) together with recommendations

for such legislative and administrative action as the Commission

determines appropriate.

(2) Costs.--The report submitted under paragraph (1) shall

contain an estimate of the costs of establishing the program

described in subsection (a)(1).

(3) Implementation.--The report submitted under paragraph

(1) shall contain an analysis of the feasibility of implementing

the program described in subsection (a)(1) with respect to the

absentee ballots to be submitted in the general election for

Federal office held in 2004.

(4) Recommendations regarding the elderly and disabled.--The

report submitted under paragraph (1) shall--

(A) include recommendations on ways that program

described in subsection (a)(1) would target elderly

individuals and individuals with disabilities; and

(B) identify methods to increase the number of such

individuals who vote in elections for Federal office.

United States Postal Service established under section 201 of title 39,

United States Code.

SEC. 247. CONSULTATION WITH STANDARDS BOARD AND BOARD OF ADVISORS.

The Commission shall carry out its duties under this subtitle in

consultation with the Standards Board and the Board of Advisors.

Subtitle D--Election Assistance

PART 1--REQUIREMENTS PAYMENTS

SEC. 251. REQUIREMENTS PAYMENTS.

(a) In General.--The Commission shall make a requirements payment

each year in an amount determined under section 252 to each State which

meets the conditions described in section 253 for the year.

(b) Use of Funds.--

(1) In general.--Except as provided in paragraph (2), a

State receiving a requirements payment shall use the payment

only to meet the requirements of title III.

(2) Other activities.--A State may use a requirements

payment to carry out other activities to improve the

administration of elections for Federal office if the State

certifies to the Commission that--

(A) the State has implemented the requirements of

title III; or

(B) the amount expended with respect to such other

activities does not exceed an amount equal to the

minimum payment amount applicable to the State under

section 252(c).

(1) In general.--Notwithstanding any other provision of this

subtitle, including the maintenance of effort requirements of

section 254(a)(7), a State may use a requirements payment as a

reimbursement for costs incurred in obtaining voting equipment

which meets the requirements of section 301 if the State obtains

the equipment after the regularly scheduled general election for

Federal office held in November 2000.

(2) Special rule regarding multiyear contracts.--A State may

use a requirements payment for any costs for voting equipment

which meets the requirements of section 301 that, pursuant to a

multiyear contract, were incurred on or after January 1, 2001,

except that the amount that the State is otherwise required to

contribute under the maintenance of effort requirements of

section 254(a)(7) shall be increased by the amount of the

payment made with respect to such multiyear contract.

(d) Adoption of Commission Guidelines and Guidance Not Required To

Receive Payment.--Nothing in this part may be construed to require a

State to implement any of the voluntary voting system guidelines or any

of the voluntary guidance adopted by the Commission with respect to any

matter as a condition for receiving a requirements payment.

(e) Schedule of Payments.--As soon as practicable after the initial

appointment of all members of the Commission (but in no event later than

6 months thereafter), and not less frequently than once each calendar

year thereafter, the Commission shall make requirements payments to

States under this part.

(f) Limitation.--A State may not use any portion of a requirements

payment--

(1) to pay costs associated with any litigation, except to

the extent that such costs otherwise constitute permitted uses

of a requirements payment under this part; or

(2) for the payment of any judgment.

SEC. 252. ALLOCATION OF FUNDS.

(a) In General.--Subject to subsection (c), the amount of a

requirements payment made to a State for a year shall be equal to the

product of--

(1) the total amount appropriated for requirements payments

for the year pursuant to the authorization under section 257;

and

(2) the State allocation percentage for the State (as

determined under subsection (b)).

(b) State Allocation Percentage Defined.--The "State allocation

percentage" for a State is the amount (expressed as a percentage) equal

to the quotient of--

(1) the voting age population of the State (as reported in

the most recent decennial census); and

(2) the total voting age population of all States (as

reported in the most recent decennial census).

made to a State for a year may not be less than--

(1) in the case of any of the several States or the District

of Columbia, one-half of 1 percent of the total amount

appropriated for requirements payments for the year under

section 257; or

(2) in the case of the Commonwealth of Puerto Rico, Guam,

American Samoa, or the United States Virgin Islands, one-tenth

of 1 percent of such total amount.

(d) Pro Rata Reductions.--The Administrator shall make such pro rata

reductions to the allocations determined under subsection (a) as are

necessary to comply with the requirements of subsection (c).

(e) Continuing Availability of Funds After Appropriation.--A

requirements payment made to a State under this part shall be available

to the State without fiscal year limitation.

SEC. 253. CONDITION FOR RECEIPT OF FUNDS.

(a) In General.--A State is eligible to receive a requirements

payment for a fiscal year if the chief executive officer of the State,

or designee, in consultation and coordination with the chief State

election official, has filed with the Commission a statement certifying

that the State is in compliance with the requirements referred to in

subsection (b). A State may meet the requirement of the previous

sentence by filing with the Commission a statement which reads as

follows: "____________ hereby certifies that it is in compliance with

the requirements referred to in section 253(b) of the Help America Vote

Act of 2002." (with the blank to be filled in with the name of the

State involved).

(b) State Plan Requirement; Certification of Compliance With

Applicable Laws and Requirements.--The requirements referred to in this

subsection are as follows:

(1) The State has filed with the Commission a State plan

covering the fiscal year which the State certifies--

(A) contains each of the elements described in

section 254 with respect to the fiscal year;

(B) is developed in accordance with section 255; and

of section 256.

(2) The State has filed with the Commission a plan for the

implementation of the uniform, nondiscriminatory administrative

complaint procedures required under section 402 (or has included

such a plan in the State plan filed under paragraph (1)), and

has such procedures in place for purposes of meeting the

requirements of such section. If the State does not include

such an implementation plan in the State

plan filed under paragraph (1), the requirements of sections

255(b) and 256 shall apply to the implementation plan in the

same manner as such requirements apply to the State plan.

(3) Applicability. The State is in compliance

with each of the laws described in section 906, as such laws

apply with respect to this Act.

(4) To the extent that any portion of the requirements

payment is used for activities other than meeting the

requirements of title III--

(A) the State's proposed uses of the requirements

payment are not inconsistent with the requirements of

title III; and

(B) the use of the funds under this paragraph is

consistent with the requirements of section 251(b).

(5) The State has appropriated funds for carrying out the

activities for which the requirements payment is made in an

amount equal to 5 percent of the total amount to be spent for

such activities (taking into account the requirements payment

and the amount spent by the State) and, in the case of a State

that uses a requirements payment as a reimbursement under

section 251(c)(2), an additional amount equal to the amount of

such reimbursement.

choices on the methods of complying with the elements of a State plan

shall be left to the discretion of the State.

(d) Timing for Filing of Certification.--A State may not file a

statement of certification under subsection (a) until the expiration of

the 45-day period (or, in the case of a fiscal year other than the first

fiscal year for which a requirements payment is made to the State under

this subtitle, the 30-day period) which begins on the date the State

plan under this subtitle is published in the Federal Register pursuant

to section 255(b).

(e) Chief State Election Official Defined.--In this subtitle, the

"chief State election official" of a State is the individual

designated by the State under section 10 of the National Voter

Registration Act of 1993 (42 U.S.C. 1973gg-8) to be responsible for

coordination of the State's responsibilities under such Act.

SEC. 254. STATE PLAN.

(a) In General.--The State plan shall contain a description of each

of the following:

(1) How the State will use the requirements payment to meet

the requirements of title III, and, if applicable under section

251(a)(2), to carry out other activities to improve the

administration of elections.

[[Page 116 STAT. 1695]]

(2) How the State will distribute and monitor the

distribution of the requirements payment to units of local

government or other entities in the State for carrying out the

activities described in paragraph (1), including a description

of--

(A) the criteria to be used to determine the

eligibility of such units or entities for receiving the

payment; and

(B) the methods to be used by the State to monitor

the performance of the units or entities to whom the

payment is distributed, consistent with the performance

goals and measures adopted under paragraph (8).

(3) How the State will provide for programs for voter

education, election official education and training, and poll

worker training which will assist the State in meeting the

requirements of title III.

(4) How the State will adopt voting system guidelines and

processes which are consistent with the requirements of section

301.

(5) How the State will establish a fund described in

subsection (b) for purposes of administering the State's

activities under this part, including information on fund

management.

(6) The State's proposed budget for activities under this

part, based on the State's best estimates of the costs of such

activities and the amount of funds to be made available,

including specific information on--

(A) the costs of the activities required to be

carried out to meet the requirements of title III;

(B) the portion of the requirements payment which

will be used to carry out activities to meet such

requirements; and

will be used to carry out other activities.

(7) How the State, in using the requirements payment, will

maintain the expenditures of the State for activities funded by

the payment at a level that is not less than the level of such

expenditures maintained by the State for the fiscal year ending

prior to November 2000.

(8) How the State will adopt performance goals and measures

that will be used by the State to determine its success and the

success of units of local government in the State in carrying

out the plan, including timetables for meeting each of the

elements of the plan, descriptions of the criteria the State

will use to measure performance and the process used to develop

such criteria, and a description of which official is to be held

responsible for ensuring that each performance goal is met.

(9) A description of the uniform, nondiscriminatory State-

based administrative complaint procedures in effect under

section 402.

(10) If the State received any payment under title I, a

description of how such payment will affect the activities

proposed to be carried out under the plan, including the amount

of funds available for such activities.

(11) How the State will conduct ongoing management of the

plan, except that the State may not make any material change in

the administration of the plan unless the change--

(A) is developed and published in the Federal

manner as the State plan;

(B) is subject to public notice and comment in

accordance with section 256 in the same manner as the

State plan; and

30-day period which begins on the date the change is

published in the Federal Register in accordance with

subparagraph (A).

(12) In the case of a State with a State plan in effect

under this subtitle during the previous fiscal year, a

description of how the plan reflects changes from the State plan

for the previous fiscal year and of how the State succeeded in

carrying out the State plan for such previous fiscal year.

(13) A description of the committee which participated in

the development of the State plan in accordance with section 255

and the procedures followed by the committee under such section

and section 256.

(b) Requirements for Election Fund.--

(1) Election fund described.--For purposes of subsection

(a)(5), a fund described in this subsection with respect to a

State is a fund which is established in the treasury of the

State government, which is used in accordance with paragraph

(2), and which consists of the following amounts:

(A) Amounts appropriated or otherwise made available

by the State for carrying out the activities for which

the requirements payment is made to the State under this

part.

(B) The requirements payment made to the State under

this part.

law.

(D) Interest earned on deposits of the fund.

(2) Use of fund.--Amounts in the fund shall be used by the

State exclusively to carry out the activities for which the

requirements payment is made to the State under this part.

(3) Treatment of states that require changes to state law.--

In the case of a State that requires State legislation to

establish the fund described in this subsection, the Commission

shall defer disbursement of the requirements payment to such

State until such time as legislation establishing the fund is

enacted.

(1) In general.--No action may be brought under this Act

against a State or other jurisdiction on the basis of any

information contained in the State plan filed under this part.

(2) Exception for criminal acts.--Paragraph (1) may not be

construed to limit the liability of a State or other

jurisdiction for criminal acts or omissions.

SEC. 255. PROCESS FOR DEVELOPMENT AND FILING OF PLAN; PUBLICATION BY COMMISSION.

(a) In General.--The chief State election official shall develop the

State plan under this subtitle through a committee of appropriate

individuals, including the chief election officials of the two most

populous jurisdictions within the States, other local election

officials, stake holders (including representatives of groups of

individuals with disabilities), and other citizens, appointed for such

purpose by the chief State election official.

(b) Publication of Plan by

Commission.--After receiving the State plan of a State under this

subtitle, the Commission shall cause to have the plan published in the

Federal Register.

SEC. 256. REQUIREMENT FOR PUBLIC NOTICE AND COMMENT.

For purposes of section 251(a)(1)(C), a State plan meets the public

notice and comment requirements of this section if--

(1) not later than 30 days prior to the submission of the

plan, the State made a preliminary version of the plan available

for public inspection and comment;

(2) the State publishes notice that the preliminary version

of the plan is so available; and

(3) the State took the public comments made regarding the

preliminary version of the plan into account in preparing the

plan which was filed with the Commission.

SEC. 257. AUTHORIZATION OF APPROPRIATIONS.

(a) In General.--In addition to amounts transferred under section

104(c), there are authorized to be appropriated for requirements

payments under this part the following amounts:

(1) For fiscal year 2003, $1,400,000,000.

(2) For fiscal year 2004, $1,000,000,000.

(3) For fiscal year 2005, $600,000,000.

(b) Availability.--Any amounts appropriated pursuant to the

authority of subsection (a) shall remain available without fiscal year

limitation until expended.

SEC. 258. REPORTS.

Not later than 6 months after the end of each

fiscal year for which a State received a requirements payment under this

part, the State shall submit a report to the Commission on the

activities conducted with the funds provided during the year, and shall

include in the report--

(1) a list of expenditures made with respect to each

category of activities described in section 251(b);

(2) the number and type of articles of voting equipment

obtained with the funds; and

(3) an analysis and description of the activities funded

under this part to meet the requirements of this Act and an

analysis and description of how such activities conform to the

State plan under section 254.

PART 2--PAYMENTS TO STATES AND UNITS OF LOCAL GOVERNMENT TO ASSURE

ACCESS FOR INDIVIDUALS WITH DISABILITIES

SEC. 261. PAYMENTS TO STATES AND UNITS OF LOCAL GOVERNMENT TO ASSURE

ACCESS FOR INDIVIDUALS WITH DISABILITIES.

(a) In General.--The Secretary of Health and Human Services shall

make a payment to each eligible State and each eligible unit of local

government (as described in section 263).

(b) Use of Funds.--An eligible State and eligible unit of local

government shall use the payment received under this part for--

(1) making polling places, including the path of travel,

entrances, exits, and voting areas of each polling facility,

accessible to individuals with disabilities, including the blind

and visually impaired, in a manner that provides the same

opportunity for access and participation (including privacy and

independence) as for other voters; and

(2) providing individuals with disabilities and the other

individuals described in paragraph (1) with information about

the accessibility of polling places, including outreach programs

to inform the individuals about the availability of accessible

polling places and training election officials, poll workers,

and election volunteers on how best to promote the access and

participation of individuals with disabilities in elections for

Federal office.

the enactment of this Act (but in no event later than 6 months

thereafter), and not less frequently than once each calendar year

thereafter, the Secretary shall make payments under this part.

SEC. 262. AMOUNT OF PAYMENT.

(a) In General.--The amount of a payment made to an eligible State

or an eligible unit of local government for a year under this part shall

be determined by the Secretary.

(b) Continuing Availability of Funds After Appropriation.--A payment

made to an eligible State or eligible unit of local government under

this part shall be available without fiscal year limitation.

SEC. 263. REQUIREMENTS FOR ELIGIBILITY.

(a) Application.--Each State or unit of local government that

desires to receive a payment under this part for a fiscal year shall

submit an application for the payment to the Secretary at such time and

in such manner and containing such information as the Secretary shall

require.

(b) Contents of Application.--Each application submitted under

subsection (a) shall--

(1) describe the activities for which assistance under this

section is sought; and

(2) provide such additional information and certifications

as the Secretary determines to be essential to ensure compliance

with the requirements of this part.

Application.--

(1) In general.--No action may be brought under this Act

against a State or unit of local government on the basis of any

information contained in the application submitted under

subsection (a).

(2) Exception for criminal acts.--Paragraph (1) may not be

construed to limit the liability of a State or unit of local

government for criminal acts or omissions.

SEC. 264. AUTHORIZATION OF APPROPRIATIONS.

(a) In General.--There are authorized to be appropriated to carry

out the provisions of this part the following amounts:

(1) For fiscal year 2003, $50,000,000.

(2) For fiscal year 2004, $25,000,000.

(3) For fiscal year 2005, $25,000,000.

(b) Availability.--Any amounts appropriated pursuant to the

authority of subsection (a) shall remain available without fiscal year

limitation until expended.

SEC. 265. REPORTS.

(a) Reports by Recipients.--Not later than the 6

months after the end of each fiscal year for which an eligible State or

eligible unit of local government received a payment under this part,

the State or unit shall submit a report to the Secretary on the

activities conducted with the funds provided during the year, and shall

include in the report a list of expenditures made with respect to each

category of activities described in section 261(b).

(b) Report by Secretary to Committees.--With respect to each fiscal

year for which the Secretary makes payments under this part, the

Secretary shall submit a report on the activities carried out under this

part to the Committee on House Administration of the House of

Representatives and the Committee on Rules and Administration of the

Senate.

PART 3--GRANTS FOR RESEARCH ON VOTING TECHNOLOGY IMPROVEMENTS

SEC. 271. GRANTS FOR RESEARCH ON VOTING TECHNOLOGY IMPROVEMENTS.

(a) In General.--The Commission shall make grants to assist entities

in carrying out research and development to improve the quality,

reliability, accuracy, accessibility, affordability, and security of

voting equipment, election systems, and voting technology.

(b) Eligibility.--An entity is eligible to receive a grant under

this part if it submits to the Commission (at such time and in such form

as the Commission may require) an application containing--

(1) certifications that the research and development funded

with the grant will take into account the need to make voting

equipment fully accessible for individuals with disabilities,

including the blind and visually impaired, the need to ensure

that such individuals can vote independently and with privacy,

and the need to provide alternative language accessibility for

individuals with limited proficiency in the English language

(consistent with the requirements of the Voting Rights Act of

1965); and

(2) such other information and certifications as the

Commission may require.

Inventions Made With Federal Assistance.--Any invention made by the

recipient of a grant under this part using funds provided under this

part shall be subject to chapter 18 of title 35, United States Code

(relating to patent rights in inventions made with Federal assistance).

(d) Recommendation of Topics for Research.--

(1) In general.--The Director of the

National Institute of Standards and Technology (hereafter in

this section referred to as the "Director") shall submit to

the Commission an annual list of the Director's suggestions for

issues which may be the subject of research funded with grants

awarded under this part during the year.

(2) Review of grant applications received by commission.--

The Commission shall submit each application it receives for a

grant under this part to the Director, who shall review the

application and provide the Commission with such comments as the

Director considers appropriate.

(3) Monitoring and adjustment of grant activities at request

of commission.--After the Commission has awarded a grant under

this part, the Commission may request that the Director monitor

the grant, and (to the extent permitted under the terms of the

grant as awarded) the Director may recommend to the Commission

that the recipient of the grant modify and adjust the activities

carried out under the grant.

(4) Evaluation of grants at request of commission.--

(A) In general.--In the case of a grant for which

the Commission submits the application to the Director

under paragraph (2) or requests that the Director

monitor the grant under paragraph (3), the Director

shall prepare and submit to the Commission an evaluation

of the grant and the activities carried out under the

grant.

(B) Inclusion in reports.--The Commission shall

include the evaluations submitted under subparagraph (A)

for a year in the report submitted for the year under

section 207.

(e) Provision of Information on Projects.--The Commission may

provide to the Technical Guidelines Development Committee under part 3

of subtitle A such information regarding the activities funded under

this part as the Commission deems necessary to assist the Committee in

carrying out its duties.

SEC. 272. REPORT.

(a) 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.

(b) Deadline.--An entity shall submit a report required under

subsection (a) 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.

SEC. 273. AUTHORIZATION OF APPROPRIATIONS.

(a) In General.--There are authorized to be appropriated for grants

under this part $20,000,000 for fiscal year 2003.

(b) Availability of Funds.--Amounts appropriated pursuant to the

authorization under this section shall remain available, without fiscal

year limitation, until expended.

PART 4--PILOT PROGRAM FOR TESTING OF EQUIPMENT AND TECHNOLOGY

SEC. 281. PILOT PROGRAM.

(a) In General.--The Commission shall make grants to carry out pilot

programs under which new technologies in voting systems and equipment

are tested and implemented on a trial basis so that the results of such

tests and trials are reported to Congress.

(b) Eligibility.--An entity is eligible to receive a grant under

this part if it submits to the Commission (at such time and in such form

as the Commission may require) an application containing--

(1) certifications that the pilot programs funded with the

grant will take into account the need to make voting equipment

fully accessible for individuals with disabilities, including

the blind and visually impaired, the need to ensure that such

individuals can vote independently and with privacy, and the

need to provide alternative language accessibility for

individuals with limited proficiency in the English language

(consistent with the requirements of the Voting Rights Act of

1965 and the requirements of this Act); and

(2) such other information and certifications as the

Commission may require.

(1) In general.--The Director of the National Institute of

Standards and Technology (hereafter in this section referred to

as the "Director") shall submit to the Commission an annual

list of the Director's suggestions for issues which may be the

subject of pilot programs funded with grants awarded under this

part during the year.

(2) Review of grant applications received by commission.--

The Commission shall submit each application it receives for a

grant under this part to the Director, who shall review the

application and provide the Commission with such comments as the

Director considers appropriate.

(3) Monitoring and adjustment of grant activities at request

of commission.--After the Commission has awarded a grant under

this part, the Commission may request that the Director monitor

the grant, and (to the extent permitted under the terms of the

grant as awarded) the Director may recommend to the Commission

that the recipient of the grant modify and adjust the activities

carried out under the grant.

(4) Evaluation of grants at request of commission.--

(A) In general.--In the case of a grant for which

the Commission submits the application to the Director

under paragraph (2) or requests that the Director

monitor the grant under paragraph (3), the Director

shall prepare and submit to the Commission an evaluation

of the grant and the activities carried out under the

grant.

(B) Inclusion in reports.--The Commission shall

include the evaluations submitted under subparagraph (A)

for a year in the report submitted for the year under

section 207.

(d) Provision of Information on Projects.--The Commission may

provide to the Technical Guidelines Development Committee under part 3

of subtitle A such information regarding the activities funded under

this part as the Commission deems necessary to assist the Committee in

carrying out its duties.

SEC. 282. REPORT.

(a) 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.

(b) Deadline.--An entity shall submit a report required under

subsection (a) 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.

SEC. 283. AUTHORIZATION OF APPROPRIATIONS.

(a) In General.--There are authorized to be appropriated for grants

under this part $10,000,000 for fiscal year 2003.

(b) Availability of Funds.--Amounts appropriated pursuant to the

authorization under this section shall remain available, without fiscal

year limitation, until expended.

PART 5--PROTECTION AND ADVOCACY SYSTEMS

SEC. 291. PAYMENTS FOR PROTECTION AND ADVOCACY SYSTEMS.

(a) In General.--In addition to any other payments made under this

subtitle, the Secretary of Health and Human Services shall pay the

protection and advocacy system (as defined in section 102 of the

Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42

U.S.C. 15002)) of each State to ensure full participation in the

electoral process for individuals with disabilities, including

registering to vote, casting a vote and accessing polling places. In

providing such services, protection and advocacy systems shall have the

same general authorities as they are afforded under subtitle C of title

I of the Developmental Disabilities Assistance and Bill of Rights Act of

2000 (42 U.S.C. 15041 et seq.).

(b) Minimum Grant Amount.--The minimum amount of each grant to a

protection and advocacy system shall be determined and allocated as set

forth in subsections (c)(3), (c)(4), (c)(5), (e), and (g) of section 509

of the Rehabilitation Act of 1973 (29 U.S.C. 794e), except that the

amount of the grants to systems referred to in subsections (c)(3)(B) and

(c)(4)(B) of that section shall be not less than $70,000 and $35,000,

respectively.

(1) In general.--Not later than 90 days

after the date on which the initial appropriation of funds for a

fiscal year is made pursuant to the authorization under section

292, the Secretary shall set aside 7 percent of the amount

appropriated under such section and use such portion to make

payments to eligible entities to provide training and technical

assistance with respect to the activities carried out under this

section.

(2) Use of funds.--A recipient of a payment under this

subsection may use the payment to support training in the use of

voting systems and technologies, and to demonstrate and evaluate

the use of such systems and technologies, by individuals with

disabilities (including blindness) in order to

assess the availability and use of such systems and technologies

for such individuals. At least one of the recipients under this

subsection shall use the payment to provide training and

technical assistance for nonvisual access.

(3) Eligibility.--An entity is eligible to receive a payment

under this subsection if the entity--

(A) is a public or private nonprofit entity with

demonstrated experience in voting issues for individuals

with disabilities;

(B) is governed by a board with respect to which the

majority of its members are individuals with

disabilities or family members of such individuals or

individuals who are blind; and

time, in such manner, and containing such information as

the Secretary may require.

SEC. 292. AUTHORIZATION OF APPROPRIATIONS.

(a) In General.--In addition to any other amounts authorized to be

appropriated under this subtitle, there are authorized to be

appropriated $10,000,000 for each of the fiscal years 2003, 2004, 2005,

and 2006, and for each subsequent fiscal year such sums as may be

necessary, for the purpose of making payments under section 291(a);

except that none of the funds provided by this subsection shall be used

to initiate or otherwise participate in any litigation related to

election-related disability access, notwithstanding the general

authorities that the protection and advocacy systems are otherwise

afforded under subtitle C of title I of the Developmental Disabilities

Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15041 et seq.).

(b) Availability.--Any amounts appropriated pursuant to the

authority of this section shall remain available until expended.

PART 6--NATIONAL STUDENT AND PARENT MOCK ELECTION

SEC. 295. NATIONAL STUDENT AND PARENT MOCK ELECTION.

(a) In General.--The Election Assistance

Commission is authorized to award grants to the National Student and

Parent Mock Election, a national nonprofit, nonpartisan organization

that works to promote voter participation in American elections to

enable it to carry out voter education activities for students and their

parents. Such activities may--

(1) include simulated national elections at least 5 days

before the actual election that permit participation by students

and parents from each of the 50 States in the United States, its

territories, the District of Columbia, and United States schools

overseas; and

(2) consist of--

(A) school forums and local cable call-in shows on

the national issues to be voted upon in an "issues

forum";

(B) speeches and debates before students and parents

by local candidates or stand-ins for such candidates;

and speech writing competitions;

(D) weekly meetings to follow the course of the

campaign; or

(E) school and neighborhood campaigns to increase

voter turnout, including newsletters, posters, telephone

chains, and transportation.

(b) Requirement.--The National Student and Parent

Mock Election shall present awards to outstanding student and parent

mock election projects.

SEC. 296. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated to carry out the provisions

of this subtitle $200,000 for fiscal year 2003 and such sums as may be

necessary for each of the 6 succeeding fiscal years.

TITLE III--UNIFORM AND NONDISCRIMINATORY ELECTION TECHNOLOGY AND

ADMINISTRATION REQUIREMENTS

Subtitle A--Requirements

SEC. 301. VOTING SYSTEMS STANDARDS.

(a) Requirements.--Each voting system used in an election for

Federal office shall meet the following requirements:

(1) In general.--

(A) Except as provided in subparagraph (B), the

voting system (including any lever voting system,

optical scanning voting system, or direct recording

electronic system) shall--

(i) permit the voter to verify (in a private

and independent manner) the votes selected by the

voter on the ballot before the ballot is cast and

counted;

(ii) provide the voter with the opportunity

(in a private and independent manner) to change

the ballot or correct any error before the ballot

is cast and counted (including the opportunity to

correct the error through the issuance of a

replacement ballot if the voter was otherwise

unable to change the ballot or correct any error);

and

(iii) if the voter selects votes for more than

one candidate for a single office--

(I) notify the voter that the voter

has selected more than one candidate for

a single office on the ballot;

(II) notify the voter before the

ballot is cast and counted of the effect

of casting multiple votes for the

office; and

(III) provide the voter with the

opportunity to correct the ballot before

the ballot is cast and counted.

(B) A State or jurisdiction that uses a paper ballot

voting system, a punch card voting system, or a central

count voting system (including mail-in absentee ballots

and mail-in ballots), may meet the requirements of

subparagraph (A)(iii) by--

(i) establishing a voter education program

specific to that voting system that notifies each

voter of the effect of casting multiple votes for

an office; and

(ii) providing the voter with instructions on

how to correct the ballot before it is cast and

counted (including instructions on how to correct

the error through the issuance of a replacement

ballot if the voter was otherwise unable to change

the ballot or correct any error).

notification required under this paragraph preserves the

privacy of the voter and the confidentiality of the

ballot.

(2) Audit capacity.--

(A) In general.--The voting system shall produce a

record with an audit capacity for such system.

(B) Manual audit capacity.--

(i) The voting system shall produce a

permanent paper record with a manual audit

capacity for such system.

(ii) The voting system shall provide the voter

with an opportunity to change the ballot or

correct any error before the permanent paper

record is produced.

(iii) The paper record produced under

subparagraph (A) shall be available as an official

record for any recount conducted with respect to

any election in which the system is used.

(3) Accessibility for individuals with disabilities.--The

voting system shall--

(A) 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 and participation (including

privacy and independence) as for other voters;

(B) satisfy the requirement of subparagraph (A)

through the use of at least one direct recording

electronic voting system or other voting system equipped

for individuals with disabilities at each polling place;

and

title II on or after January 1, 2007, meet the voting

system standards for disability access (as outlined in

this paragraph).

(4) Alternative language accessibility.--The voting system

shall provide alternative language accessibility pursuant to the

requirements of section 203 of the Voting Rights Act of 1965 (42

U.S.C. 1973aa-1a).

(5) Error rates.--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.

(6) Uniform definition of what constitutes a vote.--Each

State shall adopt uniform and nondiscriminatory standards that

define what constitutes a vote and what will be counted as a vote

for each category of voting system used in the State.

(b) Voting System Defined.--In this section, the term "voting

system" means--

(1) the total combination of mechanical, electromechanical,

or electronic equipment (including the software, firmware, and

documentation required to program, control, and support the

equipment) that is used--

(A) to define ballots;

(B) to cast and count votes;

(D) to maintain and produce any audit trail

information; and

(2) the practices and associated documentation used--

(A) to identify system components and versions of

such components;

(B) to test the system during its development and

maintenance;

defects;

(D) to determine specific system changes to be made

to a system after the initial qualification of the

system; and

(E) to make available any materials to the voter

(such as notices, instructions, forms, or paper

ballots).

(1) In general.--Nothing in this section shall be construed

to prohibit a State or jurisdiction which used a particular type

of voting system in the elections for Federal office held in

November 2000 from using the same type of system after the

effective date of this section, so long as the system meets or

is modified to meet the requirements of this section.

(2) Protection of paper ballot voting systems.--For purposes

of subsection (a)(1)(A)(i), the term "verify" may not be

defined in a manner that makes it impossible for a paper ballot

voting system to meet the requirements of such subsection or to

be modified to meet such requirements.

(d) Effective Date.--Each State and jurisdiction shall be required

to comply with the requirements of this section on and after January 1,

2006.

SEC. 302. PROVISIONAL VOTING AND VOTING INFORMATION REQUIREMENTS.

(a) Provisional Voting Requirements.--If an individual declares that

such individual is a registered voter in the jurisdiction in which the

individual desires to vote and that the individual is eligible to vote

in an election for Federal office, but the name of the individual does

not appear on the official list of eligible voters for the polling place

or an election official asserts that the individual is not eligible to

vote, such individual shall be permitted to cast a provisional ballot as

follows:

(1) An election official at the

polling place shall notify the individual that the individual

may cast a provisional ballot in that election.

(2) The individual shall be permitted to cast a provisional

ballot at that polling place upon the execution of a written

affirmation by the individual before an election official at the

polling place stating that the individual is--

(A) a registered voter in the jurisdiction in which

the individual desires to vote; and

(B) eligible to vote in that election.

(3) An election official at the polling place shall transmit

the ballot cast by the individual or the voter information

contained in the written affirmation executed by the individual

under paragraph (2) to an appropriate State or local election

official for prompt verification under paragraph (4).

(4) If the appropriate State or local election official to

whom the ballot or voter information is transmitted under

paragraph (3) determines that the individual is eligible under

State law to vote, the individual's provisional ballot shall be

counted as a vote in that election in accordance with State law.

(5)(A) At the time that an individual casts a provisional

ballot, the appropriate State or local election official shall

give the individual written information that states that any

individual who casts a provisional ballot will be able to

ascertain under the system established under subparagraph (B)

whether the vote was counted, and, if the vote was not counted,

the reason that the vote was not counted.

(B) The appropriate State or local election official shall

establish a free access system (such as a toll-free telephone

number or an Internet website) that any individual who casts a

provisional ballot may access to discover whether the vote of

that individual was counted, and, if the vote was not counted,

the reason that the vote was not counted.

States described in section 4(b) of the National Voter Registration Act

of 1993 (42 U.S.C. 1973gg-2(b)) may meet the requirements of this

subsection using voter registration procedures established under

applicable State law. The appropriate State or local official shall

establish and maintain reasonable procedures necessary to protect the

security, confidentiality, and integrity of personal information

collected, stored, or otherwise used by the free access system

established under paragraph (5)(B). Access to information about an

individual provisional ballot shall be restricted to the individual who

cast the ballot.

(b) Voting Information Requirements.--

(1) Public posting on election day.--The appropriate State

or local election official shall cause voting information to be

publicly posted at each polling place on the day of each

election for Federal office.

(2) Voting information defined.--In this section, the term

"voting information" means--

(A) a sample version of the ballot that will be used

for that election;

(B) information regarding the date of the election

and the hours during which polling places will be open;

cast a vote and how to cast a provisional ballot;

(D) instructions for mail-in registrants and first-

time voters under section 303(b);

(E) general information on voting rights under

applicable Federal and State laws, including information

on the right of an individual to cast a provisional

ballot and instructions on how to contact the

appropriate officials if these rights are alleged to

have been violated; and

(F) general information on Federal and State laws

regarding prohibitions on acts of fraud and

misrepresentation.

in an election for Federal office as a result of a Federal or State

court order or any other order extending the time established for

closing the polls by a State law in effect 10 days before the date of

that election may only vote in that election by casting a provisional

ballot under subsection (a). Any such ballot cast under the preceding

sentence shall be separated and held apart from other provisional

ballots cast by those not affected by the order.

(d) Effective Date for Provisional Voting and Voting Information.--

Each State and jurisdiction shall be required to comply with the

requirements of this section on and after January 1, 2004.

SEC. 303. COMPUTERIZED STATEWIDE VOTER REGISTRATION LIST REQUIREMENTS

AND REQUIREMENTS FOR VOTERS WHO REGISTER BY MAIL.

(a) Computerized Statewide Voter Registration List Requirements.--

(1) Implementation.--

(A) In general.--Except as provided in subparagraph

(B), each State, acting through the chief State election

official, shall implement, in a uniform and

nondiscriminatory manner, a single, uniform, official,

centralized, interactive computerized statewide voter

registration list defined, maintained, and administered

at the State level that contains the name and

registration information of every legally registered

voter in the State and assigns a unique identifier to

each legally registered voter in the State (in this

subsection referred to as the "computerized list"),

and includes the following:

(i) The computerized list shall serve as the

single system for storing and managing the

official list of registered voters throughout the

State.

(ii) The computerized list contains the name

and registration information of every legally

registered voter in the State.

(iii) Under the computerized list, a unique

identifier is assigned to each legally registered

voter in the State.

(iv) The computerized list shall be

coordinated with other agency databases within the

State.

(v) Any election official in the State,

including any local election official, may obtain

immediate electronic access to the information

contained in the computerized list.

(vi) All voter registration information

obtained by any local election official in the

State shall be electronically entered into the

computerized list on an expedited basis at the

time the information is provided to the local

official.

(vii) The chief State election official shall

provide such support as may be required so that

local election officials are able to enter information as

described in clause (vi).

(viii) The computerized list shall serve as

the official voter registration list for the

conduct of all elections for Federal office in the

State.

(B) Exception.--The requirement under subparagraph

(A) shall not apply to a State in which, under a State

law in effect continuously on and after the date of the

enactment of this Act, there is no voter registration

requirement for individuals in the State with respect to

elections for Federal office.

(2) Computerized list maintenance.--

(A) In general.--The appropriate State or local

election official shall perform list maintenance with

respect to the computerized list on a regular basis as

follows:

(i) If an individual is to be removed from the

computerized list, such individual shall be

removed in accordance with the provisions of the

National Voter Registration Act of 1993 (42 U.S.C.

1973gg et seq.), including subsections (a)(4),

(c)(2), (d), and (e) of section 8 of such Act (42

U.S.C. 1973gg-6).

(ii) For purposes of removing names of

ineligible voters from the official list of

eligible voters--

(I) under section 8(a)(3)(B) of such

Act (42 U.S.C. 1973gg-6(a)(3)(B)), the

State shall coordinate the computerized

list with State agency records on felony

status; and

(II) by reason of the death of the

registrant under section 8(a)(4)(A) of

such Act (42 U.S.C. 1973gg-6(a)(4)(A)),

the State shall coordinate the

computerized list with State agency

records on death.

(iii) Notwithstanding the preceding provisions

of this subparagraph, if a State is described in

section 4(b) of the National Voter Registration

Act of 1993 (42 U.S.C. 1973gg-2(b)), that State

shall remove the names of ineligible voters from

the computerized list in accordance with State

law.

(B) Conduct.--The list maintenance performed under

subparagraph (A) shall be conducted in a manner that

ensures that--

(i) the name of each registered voter appears

in the computerized list;

(ii) only voters who are not registered or who

are not eligible to vote are removed from the

computerized list; and

(iii) duplicate names are eliminated from the

computerized list.

(3) Technological security of computerized list.--The

appropriate State or local official shall provide adequate

technological security measures to prevent the unauthorized

access to the computerized list established under this section.

(4) Minimum standard for accuracy of state voter

registration records.--The State election system shall include

provisions to ensure that voter registration records in the

State are accurate and are updated regularly, including the

following:

(A) A system of file maintenance that makes a

reasonable effort to remove registrants who are

ineligible to vote from the official list of eligible

voters. Under such system, consistent with the National

Voter Registration Act of 1993 (42 U.S.C. 1973gg et

seq.), registrants who have not responded to a notice

and who have not voted in 2 consecutive general

elections for Federal office shall be removed from the

official list of eligible voters, except that no

registrant may be removed solely by reason of a failure

to vote.

(B) Safeguards to ensure that eligible voters are

not removed in error from the official list of eligible

voters.

(5) Verification of voter registration information.--

(A) Requiring provision of certain information by

applicants.--

(i) In general.--Except as provided in clause

(ii), notwithstanding any other provision of law,

an application for voter registration for an

election for Federal office may not be accepted or

processed by a State unless the application

includes--

(I) in the case of an applicant who

has been issued a current and valid

driver's license, the applicant's

driver's license number; or

(II) in the case of any other

applicant (other than an applicant to

whom clause (ii) applies), the last 4

digits of the applicant's social

security number.

(ii) Special rule for applicants without

driver's license or social security number.--If an

applicant for voter registration for an election

for Federal office has not been issued a current

and valid driver's license or a social security

number, the State shall assign the applicant a

number which will serve to identify the applicant

for voter registration purposes. To the extent

that the State has a computerized list in effect

under this subsection and the list assigns unique

identifying numbers to registrants, the number

assigned under this clause shall be the unique

identifying number assigned under the list.

(iii) Determination of validity of numbers

provided.--The State shall determine whether the

information provided by an individual is

sufficient to meet the requirements of this

subparagraph, in accordance with State law.

(B) Requirements for state officials.--

(i) Sharing information

in databases.--The chief State election official

and the official responsible for the State motor

vehicle authority of a State shall enter into an

agreement to match information in the database of

the statewide voter registration system with

information in the database of the motor vehicle

authority to the extent required to enable each

such official to verify the accuracy of the

information provided on applications for voter

registration.

(ii) Agreements with commissioner of social

security.--The official responsible for the State

motor vehicle authority shall enter into an

agreement with the Commissioner of Social Security under section

205(r)(8) of the Social Security Act (as added by

subparagraph (C)).

of the Social Security Act (42 U.S.C. 405(r)) is amended

by adding at the end the following new paragraph:

"(8)(A) The Commissioner of Social Security shall, upon the request

of the official responsible for a State driver's license agency pursuant

to the Help America Vote Act of 2002--

"(i) enter into an agreement with

such official for the purpose of verifying applicable

information, so long as the requirements of subparagraphs (A)

and (B) of paragraph (3) are met; and

"(ii) include in such agreement

safeguards to assure the maintenance of the confidentiality of

any applicable information disclosed and procedures to permit

such agency to use the applicable information for the purpose of

maintaining its records.

"(B) Information provided pursuant to an agreement under this

paragraph shall be provided at such time, in such place, and in such

manner as the Commissioner determines appropriate.

"(C) <<NOTE: Procedures.>> The Commissioner shall develop methods

to verify the accuracy of information provided by the agency with

respect to applications for voter registration, for whom the last 4

digits of a social security number are provided instead of a driver's

license number.

"(D) For purposes of this paragraph--

"(i) the term `applicable information' means information

regarding whether--

"(I) the name (including the first name and any

family forename or surname), the date of birth

(including the month, day, and year), and social

security number of an individual provided to the

Commissioner match the information contained in the

Commissioner's records, and

"(II) such individual is shown on the records of

the Commissioner as being deceased; and

"(ii) the term `State driver's license agency' means the

State agency which issues driver's licenses to individuals

within the State and maintains records relating to such

licensure.

"(E) Nothing in this paragraph may be construed to require the

provision of applicable information with regard to a request for a

record of an individual if the Commissioner determines there are

exceptional circumstances warranting an exception (such as safety of the

individual or interference with an investigation).

"(F) Applicable information provided by the Commission pursuant to

an agreement under this paragraph or by an individual to any agency that

has entered into an agreement under this paragraph shall be considered

as strictly confidential and shall be used only for the purposes

described in this paragraph and for carrying out an agreement under this

paragraph. Any officer or employee or former

officer or employee of a State, or any officer or employee or former

officer or employee of a contractor of a State who, without the written

authority of the Commissioner, publishes or communicates any applicable

information in such individual's possession by reason of such employment

or position as such an officer, shall be guilty of a felony and upon

conviction thereof shall be fined or imprisoned, or both, as described in section

208.".

(D) Special rule for certain states.--In the case of

a State which is permitted to use social security

numbers, and provides for the use of social security

numbers, on applications for voter registration, in

accordance with section 7 of the Privacy Act of 1974 (5

U.S.C. 552a note), the provisions of this paragraph

shall be optional.

(b) Requirements for Voters Who Register by Mail.--

(1) In general.--Notwithstanding section 6(c) of the

National Voter Registration Act of 1993 (42 U.S.C. 1973gg-4(c))

and subject to paragraph (3), a State shall, in a uniform and

nondiscriminatory manner, require an individual to meet the

requirements of paragraph (2) if--

(A) the individual registered to vote in a

jurisdiction by mail; and

(B)(i) the individual has not previously voted in an

election for Federal office in the State; or

(ii) the individual has not previously voted in such

an election in the jurisdiction and the jurisdiction is

located in a State that does not have a computerized

list that complies with the requirements of subsection

(a).

(2) Requirements.--

(A) In general.--An individual meets the

requirements of this paragraph if the individual--

(i) in the case of an individual who votes in

person--

(I) presents to the appropriate

State or local election official a

current and valid photo identification;

(II) presents to the appropriate

State or local election official a copy

of a current utility bill, bank

statement, government check, paycheck,

or other government document that shows

the name and address of the voter; or

(ii) in the case of an individual who votes by

mail, submits with the ballot--

(I) a copy of a current and valid

photo identification; or

(II) a copy of a current utility

bill, bank statement, government check,

paycheck, or other government document

that shows the name and address of the

voter.

(B) Fail-safe voting.--

(i) In person.--An individual who desires to

vote in person, but who does not meet the

requirements of subparagraph (A)(i), may cast a

provisional ballot under section 302(a).

(ii) By mail.--An individual who desires to

vote by mail but who does not meet the

requirements of subparagraph (A)(ii) may cast such

a ballot by mail and the ballot shall be counted

as a provisional ballot in accordance with section

302(a).

(3) Inapplicability.--Paragraph (1) shall not apply in the

case of a person--

(A) who registers to vote by mail under section 6 of

the National Voter Registration Act of 1993 (42 U.S.C.

1973gg-4) and submits as part of such registration

either--

(i) a copy of a current and valid photo

identification; or

(ii) a copy of a current utility bill, bank

statement, government check, paycheck, or

government document that shows the name and

address of the voter;

(B)(i) who registers to vote by mail under section 6

of the National Voter Registration Act of 1993 (42

U.S.C. 1973gg-4) and submits with such registration

either--

(I) a driver's license number; or

(II) at least the last 4 digits of the

individual's social security number; and

(ii) with respect to whom a State or local election

official matches the information submitted under clause

(i) with an existing State identification record bearing

the same number, name and date of birth as provided in

such registration; or

(i) entitled to vote by absentee ballot under

the Uniformed and Overseas Citizens Absentee

Voting Act (42 U.S.C. 1973ff-1 et seq.);

(ii) provided the right to vote otherwise than

in person under section 3(b)(2)(B)(ii) of the

Voting Accessibility for the Elderly and

Handicapped Act (42 U.S.C. 1973ee-1(b)(2)(B)(ii));

(iii) entitled to vote otherwise than in

person under any other Federal law.

(4) Contents of mail-in registration form.--

(A) In general.--The mail voter registration form

developed under section 6 of the National Voter

Registration Act of 1993 (42 U.S.C. 1973gg-4) shall

include the following:

(i) The question "Are you a citizen of the

United States of America?" and boxes for the

applicant to check to indicate whether the

applicant is or is not a citizen of the United

States.

(ii) The question "Will you be 18 years of

age on or before election day?" and boxes for the

applicant to check to indicate whether or not the

applicant will be 18 years of age or older on

election day.

(iii) The statement "If you checked 'no' in

response to either of these questions, do not

complete this form.".

(iv) A statement informing the individual that

if the form is submitted by mail and the

individual is registering for the first time, the

appropriate information required under this

section must be submitted with the mail-in

registration form in order to avoid the additional

identification requirements upon voting for the

first time.

(B) Incomplete forms.--If

an applicant for voter registration fails to answer the

question included on the mail voter registration form

pursuant to subparagraph (A)(i), the registrar shall

notify the applicant of the failure and provide the

applicant with an opportunity to complete the form in a

timely manner to allow for the completion of

the registration form prior to the next election for

Federal office (subject to State law).

(5) Construction.--Nothing in this subsection shall be

construed to require a State that was not required to comply

with a provision of the National Voter Registration Act of 1993

(42 U.S.C. 1973gg et seq.) before the date of the enactment of

this Act to comply with such a provision after such date.

last 4 digits of a social security number described in subsections

(a)(5)(A)(i)(II) and (b)(3)(B)(i)(II) shall not be considered to be a

social security number for purposes of section 7 of the Privacy Act of

1974 (5 U.S.C. 552a note).

(d) Effective Date.--

(1) Computerized statewide voter registration list

requirements.--

(A) In general.--Except as provided in subparagraph

(B), each State and jurisdiction shall be required to

comply with the requirements of subsection (a) on and

after January 1, 2004.

(B) Waiver.--If a State or

jurisdiction certifies to the Commission not later than

January 1, 2004, that the State or jurisdiction will not

meet the deadline described in subparagraph (A) for good

cause and includes in the certification the reasons for

the failure to meet such deadline, subparagraph (A)

shall apply to the State or jurisdiction as if the

reference in such subparagraph to "January 1, 2004"

were a reference to "January 1, 2006".

(2) Requirement for voters who register by mail.--

(A) In general.--Each State and jurisdiction shall

be required to comply with the requirements of

subsection (b) on and after January 1, 2004, and shall

be prepared to receive registration materials submitted

by individuals described in subparagraph (B) on and

after the date described in such subparagraph.

(B) Applicability with respect to individuals.--The

provisions of subsection (b) shall apply to any

individual who registers to vote on or after January 1,

2003.

SEC. 304. MINIMUM REQUIREMENTS.

The requirements established by this title are minimum requirements

and nothing in this title shall be construed to prevent a State from

establishing election technology and administration requirements that

are more strict than the requirements established under this title so

long as such State requirements are not inconsistent with the Federal

requirements under this title or any law described in section 906.

SEC. 305. METHODS OF IMPLEMENTATION LEFT TO DISCRETION OF STATE.

The specific choices on the methods of complying with the

requirements of this title shall be left to the discretion of the State.

Subtitle B--Voluntary Guidance

SEC. 311. ADOPTION OF VOLUNTARY GUIDANCE BY COMMISSION.

(a) In General.--To assist States in meeting the requirements of

subtitle A, the Commission shall adopt voluntary guidance consistent

with such requirements in accordance with the procedures described in

section 312.

(b) Deadlines.--The Commission shall adopt the recommendations under

this section not later than--

(1) in the case of the recommendations with respect to

section 301, January 1, 2004;

(2) in the case of the recommendations with respect to

section 302, October 1, 2003; and

(3) in the case of the recommendations with respect to

section 303, October 1, 2003.

recommendations adopted with respect to section 301 no less frequently

than once every 4 years.

SEC. 312. PROCESS FOR ADOPTION.

The adoption of the voluntary guidance under this subtitle shall be

carried out by the Commission in a manner that provides for each of the

following:

(1) Publication of notice of the proposed recommendations in

the Federal Register.

(2) An opportunity for public comment on the proposed

recommendations.

(3) An opportunity for a public hearing on the record.

(4) Publication of the final recommendations in the Federal

TITLE IV--ENFORCEMENT

SEC. 401. ACTIONS BY THE ATTORNEY GENERAL FOR DECLARATORY AND INJUNCTIVE RELIEF.

The Attorney General may bring a civil action against any State or

jurisdiction in an appropriate United States District Court for such

declaratory and injunctive relief (including a temporary restraining

order, a permanent or temporary injunction, or other order) as may be

necessary to carry out the uniform and nondiscriminatory election

technology and administration requirements under sections 301, 302, and

303.

SEC. 402. ESTABLISHMENT OF STATE-BASED ADMINISTRATIVE COMPLAINT PROCEDURES TO REMEDY GRIEVANCES.

(a) Establishment of State-Based Administrative Complaint Procedures

To Remedy Grievances.--

(1) Establishment of procedures as condition of receiving

funds.--If a State receives any payment under a program under

this Act, the State shall be required to establish and maintain

State-based administrative complaint procedures which meet the

requirements of paragraph (2).

(2) Requirements for procedures.--The requirements of this

paragraph are as follows:

(A) The procedures shall be uniform and

nondiscriminatory.

(B) Under the procedures, any person who believes

that there is a violation of any provision of title III

(including a violation which has occurred, is occurring,

or is about to occur) may file a complaint.

be in writing and notarized, and signed and sworn by the

person filing the complaint.

(D) The State may consolidate complaints filed under

subparagraph (B).

(E) At the request of the complainant, there shall

be a hearing on the record.

(F) If, under the procedures, the State determines

that there is a violation of any provision of title III,

the State shall provide the appropriate remedy.

(G) If, under the procedures, the State determines

that there is no violation, the State shall dismiss the

complaint and publish the results of the procedures.

(H) The State shall make a

final determination with respect to a complaint prior to

the expiration of the 90-day period which begins on the

date the complaint is filed, unless the complainant

consents to a longer period for making such a

determination.

(I) If the State fails to meet

the deadline applicable under subparagraph (H), the

complaint shall be resolved within 60 days under

alternative dispute resolution procedures established

for purposes of this section. The

record and other materials from any proceedings

conducted under the complaint procedures established

under this section shall be made available for use under

the alternative dispute resolution procedures.

(b) Requiring Attorney General Approval of Compliance Plan for

States Not Receiving Funds.--

(1) In general.--Not later than January

1, 2004, each nonparticipating State shall elect--

(A) to certify to the Commission that the State

meets the requirements of subsection (a) in the same

manner as a State receiving a payment under this Act; or

(B) to submit a compliance plan to the Attorney

General which provides detailed information on the steps

the State will take to ensure that it meets the

requirements of title III.

(2) States without approved plan deemed out of compliance.--

A nonparticipating State (other than a State which makes the

election described in paragraph (1)(A)) shall be deemed to not

meet the requirements of title III if the Attorney General has

not approved a compliance plan submitted by the State under this

subsection.

(3) Nonparticipating state defined.--In this section, a

"nonparticipating State" is a State which, during 2003, does

not notify any office which is responsible for making payments

to States under any program under this Act of its intent to

participate in, and receive funds under, the program.

TITLE V--HELP AMERICA VOTE COLLEGE PROGRAM

501. ESTABLISHMENT OF PROGRAM.

(a) In General.--Not later than 1 year after

the appointment of its members, the Election Assistance Commission shall

develop a program to be known as the "Help America Vote College

Program" (hereafter in this title referred to as the "Program").

(b) Purposes of Program.--The purpose of the Program shall be--

(1) to encourage students enrolled at institutions of higher

education (including community colleges) to assist State and

local governments in the administration of elections by serving

as nonpartisan poll workers or assistants; and

(2) to encourage State and local governments to use the

services of the students participating in the Program.

SEC. 502. ACTIVITIES UNDER PROGRAM.

(a) In General.--In carrying out the Program, the Commission (in

consultation with the chief election official of each State) shall

develop materials, sponsor seminars and workshops, engage in advertising

targeted at students, make grants, and take such other actions as it

considers appropriate to meet the purposes described in section 501(b).

(b) Requirements for Grant Recipients.--In making grants under the

Program, the Commission shall ensure that the funds provided are spent

for projects and activities which are carried out without partisan bias

or without promoting any particular point of view regarding any issue,

and that each recipient is governed in a balanced manner which does not

reflect any partisan bias.

Commission shall encourage institutions of higher education (including

community colleges) to participate in the Program, and shall make all

necessary materials and other assistance (including materials and

assistance to enable the institution to hold workshops and poll worker

training sessions) available without charge to any institution which

desires to participate in the Program.

SEC. 503. AUTHORIZATION OF APPROPRIATIONS.

In addition to any funds authorized to be appropriated to the

Commission under section 210, there are authorized to be appropriated to

carry out this title--

(1) $5,000,000 for fiscal year 2003; and

(2) such sums as may be necessary for each succeeding fiscal

year.

TITLE VI--HELP AMERICA VOTE FOUNDATION

SEC. 601. HELP AMERICA VOTE FOUNDATION.

(a) In General.--Part B of subtitle II of title 36, United States

Code, is amended by inserting after chapter 1525 the following:

"CHAPTER 1526--HELP AMERICA VOTE FOUNDATION

"Sec.

"152601. Organization.

"152602. Purposes.

"152603. Board of directors.

"152604. Officers and employees.

"152605. Powers.

"152606. Principal office.

"152607. Service of process.

"152608. Annual audit.

"152609. Civil action by Attorney General for equitable relief.

"152610. Immunity of United States Government.

"152611. Authorization of appropriations.

"152612. Annual report.

"Sec. 152601. Organization

"(a) Federal Charter.--The Help America Vote Foundation (in this

chapter, the 'foundation') is a federally chartered corporation.

"(b) Nature of Foundation.--The foundation is a charitable and

nonprofit corporation and is not an agency or establishment of the

United States Government.

"(c) Perpetual Existence.--Except as otherwise provided, the

foundation has perpetual existence.

"Sec. 152602. Purposes

"(a) In General.--The purposes of the foundation are to--

"(1) mobilize secondary school students (including students

educated in the home) in the United States to participate in the

election process in a nonpartisan manner as poll workers or

assistants (to the extent permitted under applicable State law);

"(2) place secondary school students (including students

educated in the home) as nonpartisan poll workers or assistants

to local election officials in precinct polling places across

the United States (to the extent permitted under applicable

State law); and

"(3) establish cooperative efforts with State and local

election officials, local educational agencies, superintendents

and principals of public and private secondary schools, and

other appropriate nonprofit charitable and educational

organizations exempt from taxation under section 501(a) of the

Internal Revenue Code of 1986 as an organization described in

section 501(c)(3) of such Code to further the purposes of the

foundation.

"(b) Requiring Activities To Be Carried Out on Nonpartisan Basis.--

The foundation shall carry out its purposes without partisan bias or

without promoting any particular point of view regarding any issue, and

shall ensure that each participant in its activities is governed in a

balanced manner which does not reflect any partisan bias.

"(c) Consultation With State Election Officials.--The foundation

shall carry out its purposes under this section in consultation with the

chief election officials of the States, the District of Columbia, the

Commonwealth of Puerto Rico, Guam, American Samoa, and the United States

Virgin Islands.

"Sec. 152603. Board of directors

"(a) General.--The board of directors is the governing body of the

foundation.

"(b) Members <<NOTE: Deadline.>> and Appointment.--(1) The board

consists of 12 directors, who shall be appointed not later than 60 days

after the date of the enactment of this chapter as follows:

"(A) Four directors (of whom not more than two may be

members of the same political party) shall be appointed by the

President.

"(B) Two directors shall be appointed by the Speaker of the

House of Representatives.

"(C) Two directors shall be appointed by the Minority

Leader of the House of Representatives.

"(D) Two directors shall be appointed by the Majority

Leader of the Senate.

"(E) Two directors shall be appointed by the Minority

Leader of the Senate.

"(2) In addition to the directors described in paragraph (1), the

chair and ranking minority member of the Committee on House

Administration of the House of Representatives (or their designees) and

the chair and ranking minority member of the Committee on Rules and

Administration of the Senate (or their designees) shall each serve as an

ex officio nonvoting member of the board.

"(3) A director is not an employee of the Federal Government and

appointment to the board does not constitute appointment as an officer

or employee of the United States Government for the purpose of any law

of the United States (except as may otherwise be provided in this

chapter).

"(4) The terms of office of the directors are 4 years.

"(5) A vacancy on the board shall be filled in the manner in which

the original appointment was made.

"(c) Chair.--The directors shall select one of the directors as the

chair of the board. The individual selected may not be a current or

former holder of any partisan elected office or a current or former

officer of any national committee of a political party.

"(d) Quorum.--The number of directors constituting a quorum of the

board shall be established under the bylaws of the foundation.

"(e) Meetings.--The board shall meet at the call of the chair of

the board for regularly scheduled meetings, except that the board shall

meet not less often than annually.

"(f) Reimbursement of Expenses.--Directors shall serve without

compensation but may receive travel expenses, including per diem in lieu

of subsistence, in accordance with sections 5702 and 5703 of title 5.

"(g) Liability of Directors.--Directors are not personally liable,

except for gross negligence.

"Sec. 152604. Officers and employees

"(a) Appointment of Officers and Employees.--The board of directors

appoints, removes, and replaces officers and employees of the

foundation.

"(b) Status and Compensation of Employees.--

"(1) In general.--Officers and employees of the

foundation--

"(A) are not employees of the Federal Government

(except as may otherwise be provided in this chapter);

"(B) shall be appointed and removed without regard

to the provisions of title 5 governing appointments in

the competitive service; and

"(C) may be paid without regard to chapter 51 and

subchapter III of chapter 53 of title 5.

"(2) Availability of federal employee rates for travel.--

For purposes of any schedules of rates negotiated by the

Administrator of General Services for the use of employees of

the Federal Government who travel on official business, officers

and employees of the foundation who travel while engaged in the

performance of their duties under this chapter shall be deemed

to be employees of the Federal Government.

"Sec. 152605. Powers

"(a) In General.--The foundation may--

"(1) adopt a constitution and bylaws;

"(2) adopt a seal which shall be judicially noticed; and

"(3) do any other act necessary to carry out this chapter.

"(b) Powers as Trustee.--To carry out its purposes, the foundation

has the usual powers of a corporation acting as a trustee in the

District of Columbia, including the power--

"(1) to accept, receive, solicit, hold, administer, and use

any gift, devise, or bequest, either absolutely or in trust, of

property or any income from or other interest in property;

"(2) to acquire property or an interest in property by

purchase or exchange;

"(3) unless otherwise required by an instrument of

transfer, to sell, donate, lease, invest, or otherwise dispose

of any property or income from property;

"(4) to borrow money and issue instruments of indebtedness;

"(5) to make contracts and other arrangements with public

agencies and private organizations and persons and to make

payments necessary to carry out its functions;

"(6) to sue and be sued; and

"(7) to do any other act necessary and proper to carry out

the purposes of the foundation.

"(c) Encumbered or Restricted Gifts.--A gift, devise, or bequest

may be accepted by the foundation even though it is encumbered,

restricted, or subject to beneficial interests of private persons, if

any current or future interest is for the benefit of the foundation.

"(d) Contracts.--The foundation may enter into such contracts with

public and private entities as it considers appropriate to carry out its

purposes.

"(e) Annual Conference in Washington Metropolitan Area.--During

each year (beginning with 2003), the foundation may sponsor a conference

in the Washington, D.C. metropolitan area to honor secondary school

students and other individuals who have served (or plan to serve) as

poll workers and assistants and who have otherwise participated in the

programs and activities of the foundation.

"Sec. 152606. Principal office

"The principal office of the foundation shall be in the District of

Columbia unless the board of directors determines otherwise. However,

the foundation may conduct business throughout the States, territories,

and possessions of the United States.

"Sec. 152607. Service of process

"The foundation shall have a designated agent to receive service of

process for the foundation. Notice to or service on the agent, or mailed

to the business address of the agent, is notice to or service on the

foundation.

"Sec. 152608. Annual audit

"The foundation shall enter into a contract with an independent

auditor to conduct an annual audit of the foundation.

"Sec. 152609. Civil action by Attorney General for equitable relief

"The Attorney General may bring a civil action in the United States

District Court for the District of Columbia for appropriate equitable

relief if the foundation--

"(1) engages or threatens to engage in any act, practice,

or policy that is inconsistent with the purposes in section

152602 of this title; or

"(2) refuses, fails, or neglects to carry out its

obligations under this chapter or threatens to do so.

"Sec. 152610. Immunity of United States Government

"The United States Government is not liable for any debts,

defaults, acts, or omissions of the foundation. The full faith and

credit of the Government does not extend to any obligation of the

foundation.

"Sec. 152611. Authorization of appropriations

"There are authorized to be appropriated to the foundation for

carrying out the purposes of this chapter--

"(1) $5,000,000 for fiscal year 2003; and

"(2) such sums as may be necessary for each succeeding

fiscal year.

"Sec. 152612. Annual report

"As soon as practicable after the end of each fiscal year, the

foundation shall submit a report to the Commission, the President, and

Congress on the activities of the foundation during the prior fiscal

year, including a complete statement of its receipts, expenditures, and

investments. Such report shall contain information gathered from

participating secondary school students describing the nature of the

work they performed in assisting local election officials and the value

they derived from the experience of educating participants about the

electoral process.".

(b) Clerical Amendment.--The table of chapters for part B of

subtitle II of title 36, United States Code, is amended by inserting

after the item relating to chapter 1525 the following new item:

"1526. Help America Vote Foundation...........................152601.

TITLE VII--VOTING RIGHTS OF MILITARY MEMBERS AND OVERSEAS CITIZENS

SEC. 701. VOTING ASSISTANCE PROGRAMS.

(a) Voting Assistance Officers.--Subsection (f) of section 1566 of

title 10, United States Code, as added by section 1602(a) of the

National Defense Authorization Act for Fiscal Year 2002 (Public Law 107-

107; 115 Stat. 1274), is amended--

(1) by striking "Voting assistance" in the first sentence

and inserting "(1) Voting assistance"; and

(2) by adding at the end the following new paragraph:

"(2) Under regulations and

procedures (including directives) prescribed by the Secretary, a member

of the armed forces appointed or assigned to duty as a voting assistance

officer shall, to the maximum extent practicable, be given the time and

resources needed to perform the member's duties as a voting assistance

officer during the period in advance of a general election when members

and their dependents are preparing and submitting absentee ballots.".

(b) Postmarking of Overseas Voting Materials.--

Subsection (g)(2) of such section is amended by adding at

the end the following: "The Secretary shall, to the maximum extent

practicable, implement measures to ensure that a postmark or other

official proof of mailing date is provided on each absentee ballot

collected at any overseas location or vessel at sea whenever the

Department of Defense is responsible for collecting mail for return

shipment to the United States. The Secretary shall ensure that the

measures implemented under the preceding sentence do not result in the

delivery of absentee ballots to the final destination of such ballots

after the date on which the election for Federal office is

held. Not later than the date that is 6

months after the date of the enactment of the Help America Vote Act of

2002, the Secretary shall submit to Congress a report describing the

measures to be implemented to ensure the timely transmittal and

postmarking of voting materials and identifying the persons responsible

for implementing such measures.".

amended by adding at the end the following new subsection:

"(h) Notice of Deadlines and Requirements.--The Secretary of each

military department, utilizing the voting assistance officer network

established for each military installation, shall, to the maximum extent

practicable, provide notice to members of the Armed Forces stationed at

that installation of the last date before a general Federal election for

which absentee ballots mailed from a postal facility located at that

installation can reasonably be expected to be timely delivered to the

appropriate State and local election officials.".

(d) Registration and Voting Information for Members and

Dependents.--Such section is further amended by adding at the end the

following new subsection:

"(i) Registration and Voting Information for Members and

Dependents.--(1) The Secretary of each military department, using a

variety of means including both print and electronic media, shall,

to the maximum extent practicable, ensure that members of the Armed

Forces and their dependents who are qualified to vote have ready access

to information regarding voter registration requirements and deadlines

(including voter registration), absentee ballot application requirements

and deadlines, and the availability of voting assistance officers to

assist members and dependents to understand and comply with these

requirements.

"(2) The Secretary of each military department shall make the

national voter registration form prepared for purposes of the Uniformed

and Overseas Citizens Absentee Voting Act by the Federal Election

Commission available so that each person who enlists shall receive such

form at the time of the enlistment, or as soon thereafter as

practicable.

"(3) Where practicable, a special day or days shall be designated

at each military installation for the purpose of informing members of

the Armed Forces and their dependents of election timing, registration

requirements, and voting procedures.".

SEC. 702. DESIGNATION OF SINGLE STATE OFFICE TO PROVIDE INFORMATION ON

REGISTRATION AND ABSENTEE BALLOTS FOR ALL VOTERS IN STATE.

Section 102 of the Uniformed and Overseas Citizens Absentee Voting

Act (42 U.S.C. 1973ff-1) is amended--

(1) by inserting "(a) In General.--" before "Each

State"; and

(2) by adding at the end the following new subsection:

"(b) Designation of Single State Office To Provide Information on

Registration and Absentee Ballot Procedures for All Voters in State.--

"(1) In general.--Each State shall designate a single

office which shall be responsible for providing information

regarding voter registration procedures and absentee ballot

procedures to be used by absent uniformed services voters and

overseas voters with respect to elections for Federal office

(including procedures relating to the use of the Federal write-

in absentee ballot) to all absent uniformed services voters and

overseas voters who wish to register to vote or vote in any

jurisdiction in the State.

"(2) Recommendation regarding use of office to accept and

process materials.--Congress recommends that the State office

designated under paragraph (1) be responsible for carrying out

the State's duties under this Act, including accepting valid

voter registration applications, absentee ballot applications,

and absentee ballots (including Federal write-in absentee

ballots) from all absent uniformed services voters and overseas

voters who wish to register to vote or vote in any jurisdiction

in the State.".

SEC. 703. REPORT ON ABSENTEE BALLOTS TRANSMITTED AND RECEIVED AFTER

GENERAL ELECTIONS.

(a) In General.--Section 102 of the Uniformed and Overseas Citizens

Absentee Voting Act (42 U.S.C. 1973ff-1), as amended by section 702, is

amended by adding at the end the following new subsection:

"(c) Report on Number of Absentee Ballots Transmitted and

Received.--Not later than 90

days after the date of each regularly scheduled general election for

Federal office, each State and unit of local government which

administered the election shall

(through the State, in the case of a unit of local government) submit a

report to the Election Assistance Commission (established under the Help

America Vote Act of 2002) on the combined number of absentee ballots

transmitted to absent uniformed services voters and overseas voters for

the election and the combined number of such ballots which were returned

by such voters and cast in the election, and shall make such report

available to the general public.".

(b) Development of Standardized

Format for Reports.--The Election Assistance Commission, working with

the Election Assistance Commission Board of Advisors and the Election

Assistance Commission Standards Board, shall develop a standardized

format for the reports submitted by States and units of local government

under section 102(c) of the Uniformed and Overseas Citizens Absentee

Voting Act (as added by subsection (a)), and shall make the format

available to the States and units of local government submitting such

reports.

SEC. 704. EXTENSION OF PERIOD COVERED BY SINGLE ABSENTEE BALLOT

APPLICATION.

Section 104(a) of the Uniformed and Overseas Citizens Absentee

Voting Act (42 U.S.C. 1973ff-1), as amended

by section 1606(b) of the National Defense Authorization Act for Fiscal

Year 2002 (Public Law 107-107; 115 Stat. 1279), is amended by striking

"during that year," and all that follows and inserting the following:

"through the next 2 regularly scheduled general elections for Federal

office (including any runoff elections which may occur as a result of

the outcome of such general elections), the State shall provide an

absentee ballot to the voter for each such subsequent election.".

SEC. 705. ADDITIONAL DUTIES OF PRESIDENTIAL DESIGNEE UNDER UNIFORMED AND

OVERSEAS CITIZENS ABSENTEE VOTING ACT.

(a) Educating Election Officials on Responsibilities Under Act.--

Section 101(b)(1) of the Uniformed and Overseas Citizens Absentee Voting

Act (42 U.S.C. 1973ff(b)(1)) is amended by striking the semicolon at the

end and inserting the following: ", and ensure that such officials are

aware of the requirements of this Act;".

(b) Development of Standard Oath for Use With Materials.--

(1) In general.--Section 101(b) of such Act (42 U.S.C.

1973ff(b)) is amended--

(A) by striking "and" at the end of paragraph (5);

(B) by striking the period at the end of paragraph

(6) and inserting "; and"; and

paragraph:

"(7) prescribe a standard oath for use with any document

under this title affirming that a material misstatement of fact

in the completion of such a document may constitute grounds for

a conviction for perjury.".

(2) Requiring states to use standard oath.--Section 102(a)

of such Act (42 U.S.C. 1973ff-1(b)), as amended by section 702,

is amended--

(A) by striking "and" at the end of paragraph (3);

(B) by striking the period at the end of paragraph

(4) and inserting "; and"; and

paragraph:

"(5) if the State requires an oath or affirmation to

accompany any document under this title, use the standard oath

prescribed by the Presidential designee under section

101(b)(7).".

Overseas Voters and Absent Uniformed Services Voters.--Section 101(b)(6)

of such Act (42 U.S.C. 1973ff(b)(6)) is amended by striking "a general

assessment" and inserting "a separate statistical analysis".

SEC. 706. PROHIBITION OF REFUSAL OF VOTER REGISTRATION AND ABSENTEE

BALLOT APPLICATIONS ON GROUNDS OF EARLY SUBMISSION.

(a) In General.--Section 104 of the Uniformed and Overseas Citizens

Absentee Voting Act (42 U.S.C. 1973ff-3), as amended by section 1606(b)

of the National Defense Authorization Act for Fiscal Year 2002 (Public

Law 107-107; 115 Stat. 1279), is amended by adding at the end the

following new subsection:

"(e) Prohibition of Refusal of Applications on Grounds of Early

Submission.--A State may not refuse to accept or process, with respect

to any election for Federal office, any otherwise valid voter

registration application or absentee ballot application (including the

postcard form prescribed under section 101) submitted by an absent

uniformed services voter during a year on the grounds that the voter

submitted the application before the first date on which the State

otherwise accepts or processes such applications for that year submitted

by absentee voters who are not members of the uniformed services.".

(b) Effective Date.--The amendment made by subsection (a) shall

apply with respect to elections for Federal office that occur after January 1, 2004.

SEC. 707. OTHER REQUIREMENTS TO PROMOTE PARTICIPATION OF OVERSEAS AND

ABSENT UNIFORMED SERVICES VOTERS.

Section 102 of the Uniformed and Overseas Citizens Absentee Voting

Act (42 U.S.C. 1973ff-1), as amended by the preceding provisions of this

title, is amended by adding at the end the following new subsection:

"(d) Registration Notification.--With respect to each absent

uniformed services voter and each overseas voter who submits a voter

registration application or an absentee ballot request, if the State

rejects the application or request, the State shall provide the voter

with the reasons for the rejection.".

TITLE VIII--TRANSITION PROVISIONS

Subtitle A--Transfer to Commission of Functions Under Certain Laws

SEC. 801. FEDERAL ELECTION CAMPAIGN ACT OF 1971.

(a) Transfer of Functions of Office of

Election Administration of Federal Election Commission.--There are

transferred to the Election Assistance Commission established under

section 201 all functions which the Office of Election Administration,

established within the Federal Election Commission, exercised before the

date of the enactment of this Act.

(b) Conforming Amendment.--Section 311(a) of the Federal Election

Campaign Act of 1971 (2 U.S.C. 438(a)) is amended--

(1) in paragraph (8), by inserting "and" at the end;

(2) in paragraph (9), by striking "; and" and inserting a

period; and

(3) by striking paragraph (10) and the second and third

sentences.

SEC. 802. NATIONAL VOTER REGISTRATION ACT OF 1993.

(a) Transfer of Functions.--There are transferred to the Election

Assistance Commission established under section 201 all functions which

the Federal Election Commission exercised under section 9(a) of the

National Voter Registration Act of 1993 (42 U.S.C. 1973gg-7(a)) before

the date of the enactment of this Act.

(b) Conforming Amendment.--Section 9(a) of the National Voter

Registration Act of 1993 (42 U.S.C. 1973gg-7(a)) is amended by striking

"Federal Election Commission" and inserting "Election Assistance

Commission".

SEC. 803. TRANSFER OF PROPERTY, RECORDS, AND PERSONNEL.

(a) Property and Records.--The contracts, liabilities, records,

property, and other assets and interests of, or made available in

connection with, the offices and functions of the Federal Election

Commission which are transferred by this subtitle are transferred to the

Election Assistance Commission for appropriate allocation.

(b) Personnel.--

(1) In general.--The personnel employed in connection with

the offices and functions of the Federal Election Commission

which are transferred by this subtitle are transferred to the

Election Assistance Commission.

(2) Effect.--Any full-time or part-time personnel employed

in permanent positions shall not be separated or reduced in

grade or compensation because of the transfer under this

subsection during the 1-year period beginning on the date of the

enactment of this Act.

SEC. 804. EFFECTIVE DATE; TRANSITION.

(a) Effective Date.--This title and the amendments made by this

title shall take effect upon the appointment of all members of the

Election Assistance Commission under section 203.

(b) Transition.--With the consent of the entity involved, the

Election Assistance Commission is authorized to utilize the services of

such officers, employees, and other personnel of the entities from which

functions have been transferred to the Election Assistance Commission

under this title or the amendments made by this title for such period of

time as may reasonably be needed to facilitate the orderly transfer of

such functions.

Prior to Appointment of Members of Commission.--During the period which

begins on the date of the enactment of this Act and ends on the

effective date described in subsection (a), the Office of Election

Administration of the Federal Election Commission shall continue to have

the authority to carry out any of the functions (including the

development of voluntary standards for voting systems and procedures for

the certification of voting systems) which it has the authority to carry

out as of the date of the enactment of this Act.

Subtitle B--Coverage of Commission Under Certain Laws and Programs

SEC. 811. TREATMENT OF COMMISSION PERSONNEL UNDER CERTAIN CIVIL SERVICE

LAWS.

(a) Coverage Under Hatch Act.--Section 7323(b)(2)(B)(i)(I) of title

5, United States Code, is amended by inserting "or the Election

Assistance Commission" after "Commission".

(b) Exclusion From Senior Executive Service.--Section 3132(a)(1)(C)

of title 5, United States Code, is amended by inserting "or the

Election Assistance Commission" after "Commission".

SEC. 812. COVERAGE UNDER INSPECTOR GENERAL ACT OF 1978.

(a) In General.--Section 8G(a)(2) of the Inspector General Act of

1978 (5 U.S.C. App.) is amended by inserting "the Election Assistance

Commission," after "Federal Election Commission,".

(b) Effective Date.--The amendment

made by subsection (a) shall take effect 180 days after the appointment

of all members of the Election Assistance Commission under section 203.

TITLE IX--MISCELLANEOUS PROVISIONS

SEC. 901. STATE DEFINED.

In this Act, the term "State" includes the District of Columbia,

the Commonwealth of Puerto Rico, Guam, American Samoa, and the United

States Virgin Islands.

SEC. 902. AUDITS AND REPAYMENT OF FUNDS.

(a) Recordkeeping Requirement.--Each recipient of a grant or other

payment made under this Act shall keep such records with respect to the

payment as are consistent with sound accounting principles, including

records which fully disclose the amount and disposition by such

recipient of funds, the total cost of the project or undertaking for

which such funds are used, and the amount of that portion of the cost of

the project or undertaking supplied by other sources, and such other

records as will facilitate an effective audit.

(b) Audits and Examinations.--

(1) Audits and examinations.--Except as provided in

paragraph (5), each office making a grant or other payment under

this Act, or any duly authorized representative of such office,

may audit or examine any recipient of the grant or payment and

shall have access for the purpose of audit and examination to

any books, documents, papers, and records of the recipient which

in the opinion of the entity may be related or pertinent to the

grant or payment.

(2) Recipients of assistance subject to provisions of

section.-- The provisions of this

section shall apply to all recipients of grants or other

payments under this Act, whether by direct grant, cooperative

agreement, or contract under this

Act or by subgrant or subcontract from primary grantees or

contractors under this Act.

(3) Mandatory audit.--In addition to audits conducted

pursuant to paragraph (1), all funds provided under this Act

shall be subject to mandatory audit by the Comptroller General

at least once during the lifetime of the program involved. For

purposes of an audit under this paragraph, the Comptroller

General shall have access to books, documents, papers, and

records of recipients of funds in the same manner as the office

making the grant or payment involved has access to such books,

documents, papers, and records under paragraph (1).

(4) Special rule for payments by general services

administration.--With respect to any grant or payment made under

this Act by the Administrator of General Services, the Election

Assistance Commission shall be deemed to be the office making

the grant or payment for purposes of this section.

(5) Special rule.--In the case of grants or payments made

under section 251, audits and examinations conducted under

paragraph (1) shall be performed on a regular basis (as

determined by the Commission).

(6) Special rules for audits by the commission.--In addition

to the audits described in paragraph (1), the Election

Assistance Commission may conduct a special audit or special

examination of a recipient described in paragraph (1) upon a

vote of the Commission.

result of an audit conducted under subsection (b) that--

(1) a recipient of funds under this Act is not in compliance

with each of the requirements of the program under which the

funds are provided; or

(2) an excess payment has been made to the recipient under

the program,

the recipient shall pay to the office which made the grant or payment

involved a portion of the funds provided which reflects the proportion

of the requirements with which the recipient is not in compliance, or

the extent to which the payment is in excess, under the program

involved.

SEC. 903. CLARIFICATION OF ABILITY OF ELECTION OFFICIALS TO REMOVE

REGISTRANTS FROM OFFICIAL LIST OF VOTERS ON GROUNDS OF

CHANGE OF RESIDENCE.

Section 8(b)(2) of the National Voter Registration Act of 1993 (42

U.S.C. 1973gg-6(b)(2)) is amended by striking the period at the end and

inserting the following: ", except that nothing in this paragraph may

be construed to prohibit a State from using the procedures described in

subsections (c) and (d) to remove an individual from the official list

of eligible voters if the individual--

"(A) has not either notified the applicable

registrar (in person or in writing) or responded during

the period described in subparagraph (B) to the notice

sent by the applicable registrar; and then

"(B) has not voted or appeared to vote in 2 or more

consecutive general elections for Federal office.".

SEC. 904. REVIEW AND REPORT ON ADEQUACY OF

EXISTING ELECTORAL FRAUD STATUTES AND PENALTIES.

(a) Review.--The Attorney General shall conduct a review of existing

criminal statutes concerning election offenses to determine--

(1) whether additional statutory offenses are needed to

secure the use of the Internet for election purposes; and

(2) whether existing penalties provide adequate punishment

and deterrence with respect to such offenses.

(b) Report.--The Attorney General shall submit a report to the

Committees on the Judiciary of the Senate and House of Representatives,

the Committee on Rules and Administration of the Senate, and the

Committee on House Administration of the House of Representatives on the

review conducted under subsection (a) together with such recommendations

for legislative and administrative action as the Attorney General

determines appropriate.

SEC. 905. OTHER CRIMINAL PENALTIES.

(a) Conspiracy To Deprive Voters of a Fair Election.--Any individual

who knowingly and willfully gives false information in registering or

voting in violation of section 11(c) of the National Voting Rights Act

of 1965 (42 U.S.C. 1973i(c)), or conspires with another to violate such

section, shall be fined or imprisoned, or both, in accordance with such

section.

(b) False Information in Registering and Voting.--Any individual who

knowingly commits fraud or knowingly makes a false statement with

respect to the naturalization, citizenry, or alien registry of such

individual in violation of section 1015 of title 18, United States Code,

shall be fined or imprisoned, or both, in accordance with such section.

SEC. 906. NO EFFECT ON OTHER LAWS.

(a) In General.--Except as specifically provided in section 303(b)

of this Act with regard to the National Voter Registration Act of 1993

(42 U.S.C. 1973gg et seq.), nothing in this Act may be construed to

authorize or require conduct prohibited under any of the following laws,

or to supersede, restrict, or limit the application of such laws:

(1) The Voting Rights Act of 1965 (42 U.S.C. 1973 et seq.).

(2) The Voting Accessibility for the Elderly and Handicapped

Act (42 U.S.C. 1973ee et seq.).

(3) The Uniformed and Overseas Citizens Absentee Voting Act

(42 U.S.C. 1973ff et seq.).

(4) The National Voter Registration Act of 1993 (42 U.S.C.

1973gg et seq.).

(5) The Americans with Disabilities Act of 1990 (42 U.S.C.

12101 et seq.).

(6) The Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.).

(b) No Effect on Preclearance or Other Requirements Under Voting

Rights Act.--The approval by the Administrator or the Commission of a

payment or grant application under title I or title II, or any other

action taken by the Commission or a State under such title, shall not be

considered to have any effect on requirements for preclearance under

section 5 of the Voting Rights Act of 1965 (42 U.S.C. 1973c) or any

other requirements of such Act.

Approved October 29, 2002.

LEGISLATIVE HISTORY--H.R. 3295 (S. 565):

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HOUSE REPORTS: Nos. 107-329, Pt. 1 (Comm. on House Administration) and

107-730 (Comm. of Conference).

CONGRESSIONAL RECORD:

Vol. 147 (2001):

Dec. 12, considered and passed

House.

Vol. 148 (2002):

Apr. 11, considered and passed

Senate, amended, in lieu of S.

565.

Oct. 10, House agreed to conference

report.

Oct. 15, 16, Senate considered,

receded from its amendment, and

agreed to conference report.

WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 38 (2002):

Oct. 29, Presidential remarks and statement.

Updated 2008-07-25