HR 5803
110th CONGRESS
2d Session
H. R. 5803
To direct the Election Assistance Commission to establish a program
to make grants to participating States and units of local government which
will administer the regularly scheduled general election for Federal office
held in November 2008 for carrying out a program to make backup paper ballots
available in the case of the failure of a voting system or voting equipment
in the election or some other emergency situation, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
April 15, 2008
Ms. ZOE LOFGREN of California introduced the following bill; which was referred
to the Committee on House Administration
A BILL
To direct the Election Assistance Commission to establish a program
to make grants to participating States and units of local government which
will administer the regularly scheduled general election for Federal office
held in November 2008 for carrying out a program to make backup paper ballots
available in the case of the failure of a voting system or voting equipment
in the election or some other emergency situation, 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. GRANTS TO STATES AND UNITS OF LOCAL GOVERNMENT FOR MAKING BACKUP
PAPER BALLOTS AVAILABLE IN CASE OF VOTING SYSTEM OR EQUIPMENT FAILURE OR OTHER
EMERGENCY SITUATION.
(a) Grants by Election Assistance Commission- The Election Assistance Commission
(hereafter referred to as the `Commission') shall establish a program under
which the Commission shall make a grant to each participating State and each
participating unit of local government for carrying out a program to make
backup paper ballots available in the case of the failure of a voting system
or voting equipment or some other emergency situation in the administration
of the regularly scheduled general election for Federal office held in November
2008.
(b) Requirements for Eligibility-
(1) APPLICATION- A State or unit of local government is eligible to participate
in the program established by the Commission under this Act if the State
or unit of local government submits an application to the Commission at
such time and in such manner as the Commission shall require, and includes
in the application--
(A) a certification that the State or unit of local government has established
a program that meets the requirements of paragraph (2) to make backup
paper ballots available in the case of the failure of a voting system
or voting equipment or some other emergency situation;
(B) a statement of the reasonable costs the State or unit of local government
expects to incur in carrying out its program;
(C) a certification that, not later than 60 days after the date of the
election, the State or unit of local government will provide the Commission
with a statement of the actual costs incurred in carrying out its program;
(D) a certification that the State or unit of local government will repay
the Commission any amount by which the payment made under this Act exceeds
the actual costs incurred in carrying out its program; and
(E) such other information and certifications as the Commission may require.
(2) PROGRAM REQUIREMENTS- The requirements of this paragraph for a program
to make backup paper ballots available in the case of the failure of a voting
system or voting equipment or some other emergency situation are as follows:
(A) In the event that the voting equipment at a polling place malfunctions
and cannot be used to cast ballots on the date of the election or some
other emergency situation exists which prevents the use of such equipment
to cast ballots on that date, any individual who is waiting at the polling
place on that date to cast a ballot in the election and who would be delayed
due to such malfunction or other emergency situation shall be notified
by the appropriate election official of the individual's right to use
a backup paper ballot, and shall be provided with a backup paper ballot
for the election, the supplies necessary to mark the ballot, and instructions
on how to mark the ballot to prevent overvotes.
(B) Any backup paper ballot which is cast by an individual pursuant to
the program of a State or unit of local government shall be counted as
a regular ballot cast in the election and tabulated on the date of the
election, and shall not be treated (for eligibility purposes) as a provisional
ballot under section 302(a) of the Help America Vote Act of 2002, unless
the individual casting the ballot would have otherwise been required to
cast a provisional ballot if the voting equipment at the polling place
had not malfunctioned or an emergency situation had not existed which
prevented the use of such equipment to cast ballots.
(C) The program of a State or unit of local government is carried out
in accordance with standards established by the State or unit of local
government which include protocols for delivering and supplying backup
paper ballots to polling places and for notifying individuals of the right
to use the backup paper ballots.
(c) Amount of Grant- The amount of a grant made to a State or unit of local
government under the program established by the Commission under this Act
shall be equal to the amount of the reasonable costs the State or unit of
local government expects to incur in carrying out its program, as provided
in the application under subsection (b)(1)(B).
SEC. 2. 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. 3. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated for grants under the program established
by the Commission under this Act $75,000,000. Any amount appropriated pursuant
to the authority of this section shall remain available without fiscal year
limitation until expended.
END
