[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1946 Introduced in House (IH)]
<DOC>
116th CONGRESS
1st Session
H. R. 1946
To amend the Help America Vote Act of 2002 to require voting systems
used in elections for Federal office to produce a voter-verified paper
ballot of each vote cast on the system, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 28, 2019
Ms. Gabbard (for herself and Ms. Norton) introduced the following bill;
which was referred to the Committee on House Administration, and in
addition to the Committee on the Budget, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned
_______________________________________________________________________
A BILL
To amend the Help America Vote Act of 2002 to require voting systems
used in elections for Federal office to produce a voter-verified paper
ballot of each vote cast on the system, 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; SENSE OF CONGRESS.
(a) Short Title.--This Act may be cited as the ``Securing America's
Elections Act of 2019''.
(b) Sense of Congress.--It is the sense of Congress that according
to the Department of Homeland Security there were attempts to hack the
election infrastructure of 21 States during the 2016 elections. The
failing security and vulnerabilities in our national election
infrastructure were later confirmed and highlighted by the hacking
community in a report issued in September 2017, after the DEFCON 25
conference in Las Vegas, Nevada. A subsequent report issued in
September 2018, after the DEFCON 26 Conference, highlighted the need
for Federal funding to States to improve the security of election
infrastructure. In light of these findings, the Government must act
with all deliberate purpose to ensure that the integrity of elections
in the United States is protected against hackers.
SEC. 2. PROMOTING ACCURACY, INTEGRITY, AND SECURITY THROUGH VOTER-
VERIFIED PERMANENT PAPER BALLOT.
(a) Ballot Verification and Audit Capacity.--
(1) In general.--Section 301(a)(2) of the Help America Vote
Act of 2002 (52 U.S.C. 21081(a)(2)) is amended to read as
follows:
``(2) Ballot verification and audit capacity.--
``(A) Voter-verified paper ballots.--
``(i) Verification.--(I) The voting system
shall require the production of a voter-
verified paper ballot of the voter's vote that
shall be created by or made available for
inspection and verification by the individual
voter before the voter's vote is cast and
counted. For purposes of this subclause, a
voter-verified paper ballot includes (but is
not limited to) a paper ballot marked by the
voter for the purpose of being counted by hand
or read by an optical scanner or other similar
device, a paper ballot prepared by the voter to
be mailed to an election official (whether from
a domestic or overseas location), a paper
ballot created through the use of a ballot
marking device or system, or a paper ballot
produced by a touch screen or other electronic
voting machine, so long as in each case the
voter is permitted to verify the ballot in a
paper form in accordance with this
subparagraph.
``(II) The voting system shall provide the
voter with an opportunity to correct any error
made by the system in the voter-verified paper
ballot before the permanent voter-verified
paper ballot is preserved in accordance with
clause (ii).
``(III) The voting system shall not
preserve the voter-verified paper ballots in
any manner that makes it possible, at any time
after the ballot has been cast, to associate a
voter with the record of the voter's vote.
``(ii) Preservation.--The voter-verified
paper ballot produced in accordance with clause
(i) shall be used as the official ballot for
purposes of any recount or audit conducted with
respect to any election for Federal office in
which the voting system is used, and shall be
preserved in accordance with regulations
promulgated by the Commission to establish
criteria for the proper preservation and
retention of the official ballots in the
election.
``(iii) Manual audit capacity.--Each paper
ballot produced pursuant to clause (i) shall be
suitable for a manual audit equivalent to that
of a paper ballot voting system, in accordance
with the methods described in subparagraph (B).
``(B) Approved methods for manual audits.--The
methods described in this subparagraph with respect to
the manual audit of voter-verified paper ballots are--
``(i) audits conducted through the use of
programmable electronic counting machines which
are not capable of being connected to the
Internet, as determined in accordance with
regulations promulgated by the Commission; or
``(ii) if no machine described in clause
(i) is available, an audit conducted by a hand
count.
``(C) Resolution of disputes when paper ballots
have been shown to be compromised.--In the event that
the paper ballots produced pursuant to subparagraph (A)
with respect to an election for Federal office have
been compromised, the State shall resolve the dispute
over the results of the election in accordance with
dispute resolution processes established under
regulations promulgated by the Commission.
``(D) Deadline for promulgation of regulations.--
The Commission shall promulgate the regulations
described in this paragraph not later than June 30,
2019.''.
(2) Conforming amendment clarifying applicability of
alternative language accessibility.--Section 301(a)(4) of such
Act (52 U.S.C. 21081(a)(4)) is amended by inserting
``(including the paper ballots required to be produced under
paragraph (2))'' after ``voting system''.
(3) Other conforming amendments.--Section 301(a)(1) of such
Act (52 U.S.C. 21081(a)(1)) is amended--
(A) in subparagraph (A)(i), by striking ``counted''
and inserting ``counted, in accordance with paragraphs
(2) and (3)'';
(B) in subparagraph (A)(ii), by striking
``counted'' and inserting ``counted, in accordance with
paragraphs (2) and (3)'';
(C) in subparagraph (A)(iii), by striking
``counted'' each place it appears and inserting
``counted, in accordance with paragraphs (2) and (3)'';
and
(D) in subparagraph (B)(ii), by striking
``counted'' and inserting ``counted, in accordance with
paragraphs (2) and (3)''.
(b) Availability of Additional Funding To Enable States To Meet
Costs of Revised Requirement.--
(1) Extension of requirements payments for meeting revised
requirement; amounts deemed to meet requirements for emergency
funding.--Section 257(a) of such Act (52 U.S.C. 21007(a)) is
amended by adding at the end the following new paragraph:
``(5) For fiscal year 2019, such sums as may be necessary
to enable States to meet the requirements of section 301(a)(2)
which are first imposed on the State pursuant to the amendments
made by section 2(a) of the Securing America's Elections Act of
2019. Any amount appropriated pursuant to the authorization
under this paragraph shall be designated by the Congress as
being for an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985.''.
(2) Amount of payment based on costs incurred in meeting
revised requirements.--Section 252 of such Act (52 U.S.C.
21002) is amended--
(A) in subsection (a), by striking ``subsection
(c)'' and inserting ``subsections (c) and (e)'';
(B) by redesignating subsection (e) as subsection
(f); and
(C) by inserting after subsection (d) the following
new subsection:
``(e) Special Rule for Fiscal Year 2019.--
``(1) Coverage of costs of meeting revised ballot
verification and audit capacity requirements.--The amount of a
requirements payment made to a State from funds appropriated
for fiscal year 2019 shall be equal to the State's estimate of
the reasonable costs the State expects to incur to meet the
requirements referred to in paragraph (3), as contained in the
statement filed by the State with the Commission under section
253(f)(1)(A)(ii).
``(2) Recoupment of overpayments.--If a State receives a
requirements payment from funds appropriated for fiscal year
2018, the State shall agree to repay to the Commission the
excess (if any) of--
``(A) the amount of the payment; over
``(B) the actual costs incurred by the State in
meeting the requirements referred to in paragraph (3),
as contained in the statement filed by the State with
the Commission under section 253(f)(1)(B).
``(3) Requirements described.--The requirements referred to
in this paragraph are the requirements of section 301(a)(2)
(relating to ballot verification and audit capacity) which are
first imposed on the State pursuant to the amendments made by
section 2(a) of the Securing America's Elections Act of
2019.''.
(3) Revised conditions for receipt of funds.--Section 253
of such Act (52 U.S.C. 21003) is amended--
(A) in subsection (a), by striking ``A State is
eligible'' and inserting ``Except as provided in
subsection (f), a State is eligible''; and
(B) by adding at the end the following new
subsection:
``(f) Special Rule for Fiscal Year 2019.--
``(1) In general.--Notwithstanding any other provision of
this part, a State is eligible to receive a requirements
payment from funds appropriated for fiscal year 2019 if, at any
time after the funds are appropriated, the chief executive
officer of the State, or designee, in consultation and
coordination with the chief State election official--
``(A) files a statement with the Commission--
``(i) describing how the State will use the
payment to meet the requirements of section
301(a)(2) (relating to ballot verification and
audit capacity) which are first imposed on the
State pursuant to the amendment made by section
2(a) of the Securing America's Elections Act of
2019, and
``(ii) containing the State's estimate of
the reasonable costs the State expects to incur
to meet such requirements; and
``(B) certifies to the Commission that, upon
completing the replacement or upgrading of its voting
systems to meet such requirements, the State will file
a statement with the Commission containing the actual
costs incurred by the State in meeting such
requirements.
``(2) Certifications by states that require changes to
state law.--In the case of a State that requires State
legislation to carry out any activity covered by any
certification submitted under this subsection, the State shall
be permitted to make the certification notwithstanding that the
legislation has not been enacted at the time the certification
is submitted and such State shall submit an additional
certification once such legislation is enacted.''.
(4) Permitting use of funds for reimbursement for costs
previously incurred.--Section 251(c)(1) of such Act (52 U.S.C.
21001(c)(1)) is amended by striking the period at the end and
inserting the following: ``, or as a reimbursement for any
costs incurred in meeting the requirements of section 301(a)(2)
which are first imposed pursuant to the amendments made by
section 2(a) of the Securing America's Elections Act of 2018 or
in otherwise replacing or upgrading voting systems in response
to such amendments.''.
(5) Rule of construction regarding use of funds to replace
or upgrade systems obtained with funds provided previously
under help america vote act of 2002.--Nothing in the amendments
made by this subsection or in any other provision of the Help
America Vote Act of 2002 may be construed to prohibit a State
from using any funds provided under such Act pursuant to the
amendments made by this subsection (or any funds provided under
such Act prior to the date of the enactment of this Act which
remain unexpended as of the date of the enactment of this Act)
to replace or upgrade a voting system purchased or otherwise
obtained in whole or in part using funds received under title I
or II of the Help America Vote Act at any time before the date
of the enactment of this Act.
(6) Effective date.--The amendments made by this subsection
shall apply with respect to fiscal years beginning with fiscal
year 2019.
(c) Study and Report on Use of Open-Source Software in Voting
Systems.--
(1) Study.--The Secretary of Homeland Security and the
Election Assistance Commission, acting jointly, shall conduct a
study of the feasibility and desirability of using open-source
software in voting systems, based on information obtained from
elections for Federal office held in 2020 through 2022.
(2) Report.--Not later than July 1, 2023, the Secretary and
the Commission shall submit to Congress a report on the study
conducted under paragraph (1), and shall include in the report
such recommendations as the Secretary and Commission consider
appropriate regarding the possible use of open-source software
in the voting systems used to administer elections for Federal
office held in 2024.
(3) Development and maintenance of software.--If the
Secretary and the Commission include in the report submitted
under paragraph (2) a recommendation that State election
officials use open-source software in the voting systems used
to administer elections for Federal office in the State--
(A) the Commission shall enter into a partnership
with appropriate private entities, including entities
engaged in the business of maintaining open-source
software, to develop, test, certify, and maintain open-
source software for such purpose for elections held in
2026 or any succeeding year; and
(B) the Commission shall ensure that such certified
software is available without cost to State election
officials.
(d) Effective Date for New Requirements.--Section 301(d) of such
Act (52 U.S.C. 21081(d)) is amended to read as follows:
``(d) Effective Date.--
``(1) In general.--Except as provided in paragraph (2),
each State and jurisdiction shall be required to comply with
the requirements of this section on and after January 1, 2006.
``(2) Special rule for certain requirements.--The
requirements of subsection (a)(2) which are first imposed on a
State and jurisdiction pursuant to the amendments made by
section 2(a) of the Securing America's Elections Act of 2019
shall apply with respect to the regularly scheduled general
election for Federal office held in November 2020 and each
succeeding election for Federal office.''.
<all>
Securing America’s Elections Act of 2019
#1946 | HR Congress #116
Policy Area: Government Operations and Politics
Subjects: Accounting and auditingAdministrative law and regulatory proceduresComputer security and identity theftComputers and information technologyCongressional electionsCongressional oversightElections, voting, political campaign regulationFederal Election Commission (FEC)Government ethics and transparency, public corruptionGovernment information and archivesGovernment studies and investigationsPublic-private cooperationRight of privacyState and local financeState and local government operationsSubversive activitiesTechnology assessment
Last Action: Referred to the Committee on House Administration, and in addition to the Committee on the Budget, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned. (3/28/2019)
Bill Text Source: Congress.gov
Summary and Impacts
Original Text