S.Amdt. 4153

1. Adds SEC. __. VOTER VERIFIED BALLOTS wherever appropriate

   Adds a section

   Inserted: SEC. __. VOTER VERIFIED BALLOTS.

   Inserted: (a) Verification.--

   Inserted: (1) In general.--Section 301(a) of the Help America Vote Act of 2002 (42 U.S.C. 15481(a)) is amended by adding at the end the following new paragraph:

   Inserted: "(7) Voter verified ballots.--In order to meet the requirements of paragraph (1)(A)(i), on and after January 1, 2009:

   Inserted: "(A) The voting system shall provide an independent means of voter verification which meets the requirements of subparagraph (B) and which allows each voter to verify the ballot before it is cast and counted.

   Inserted: "(B) A means of voter verification meets the requirements of this subparagraph if the voting system allows the voter to choose from one of the following options to verify the voter's vote selection:

   Inserted: "(i) A paper record.

   Inserted: "(ii) An audio record.

   Inserted: "(iii) A pictorial record.

   Inserted: "(iv) An electronic record or other means that provides for voter verification that is accessible for individuals with disabilities, including nonvisual accessibility for the blind and visually impaired, in a manner that provides privacy and independence equal to that provided for other voters.

   Inserted: "(C) Any means of verification described in clause (ii), (iii), or (iv) of subparagraph (B) must provide verification which is equal or superior to verification through the use of a paper record.

   Inserted: "(D) The requirements of this paragraph shall not apply to any voting system purchased before January 1, 2009, in order to meet the requirements of paragraph (3)(B).".

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   Inserted: (2) Conforming amendment.--Clause (i) of section 301(a)(1)(A) of the Help America Vote Act of 2002 (42 U.S.C. 15481(a)(1)(A)(i)) is amended by inserting "and consistent with the requirements of paragraphs (2), (4), and (7)" after "independent manner".

   Inserted: (b) Guidance.--

   Inserted: (1) In general.--Title II of the Help America Vote Act of 2002 (42 U.S.C. 15321 et seq.) is amended by adding at the end the following new subtitle:

   Inserted: "Subtitle E--Guidance and Standards "SEC. 297. VOTER VERIFIED BALLOTS.

   Inserted: "The Commission shall issue uniform and nondiscriminatory standards--

   Inserted: "(1) for voter verified ballots required under section 301(a)(7); and

   Inserted: "(2) for meeting the audit requirements of section 301(a)(2).".

   Inserted: (2) Conforming amendment.--Section 202 of the Help America Vote Act of 2002 (42 U.S.C. 15322) is amended by redesignating paragraphs (5) and (6) as paragraphs (6) and (7), respectively, and by inserting after paragraph (4) the following new paragraph:

   Inserted: "(5) carrying out the duties described in subtitle E;".

   Inserted: (3) Rulemaking authority.--Section 209 of the Help America Vote Act of 2002 (42 U.S.C. 15239) is amended--

   Inserted: (A) by striking "The Commission" and inserting the following:

   Inserted: "(a) In General.--Except as provided in subsection (b), the Commission", and

   Inserted: (B) by inserting at the end the following new subsection:

   Inserted: "(b) Exception.--On and after January 1, 2009, subsection (a) shall not apply to any authority granted under subtitle E of this title.".

   Inserted: (c) Reports.--

   Inserted: (1) Election assistance commission.--Section 207 of the Help America Vote Act of 2002 (42 U.S.C. 15327) is amended by redesignating paragraph (5) as paragraph (6) and by inserting after paragraph (4) the following new paragraph:

   Inserted: "(5) A description of the progress on implementing the voter verified ballot requirements of section 301(a)(7) and the impact of the use of such requirements on the accessibility, privacy, security, usability, and auditability of voting systems.".

   Inserted: (2) State reports.--Section 258 of the Help America Vote Act of 2002 (42 U.S.C. 15408) is amended by striking "and" at the end of paragraph (2), by striking the period at the end of paragraph (3) and inserting "; and", and by adding at the end the following new paragraph:

   Inserted: "(4) an analysis and description in the form and manner prescribed by the Commission of the progress on implementing the voter verified ballot requirements of section 301(a)(7).".

   Inserted: (d) Effective Date.--The amendments made by this section shall take effect on January 1, 2009.

   The amendment doesn't say where this goes; the clerk decides.

   Original wording

   At the appropriate place, insert the following:

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As printed