H.R. 2017 (Introduced in House) — EAC Improvements Act of 2013

Section 1 Short title; findings

(a)

Short title— This Act may be cited as the “EAC Improvements Act of 2013”.

(b)

Findings— Congress finds the following:

(1)

The elections for Federal office which were held in November 2012 were plagued with a number of serious problems, including—

(A)

long lines at polling places;

(B)

poll workers who were trained inadequately;

(C)

the reduction of hours for early voting; and

(D)

the imposition of practices which restricted eligible individuals from voting, such as requirements to produce photo identification.

(2)

At the time these problems were developing, the Election Assistance Commission, an agency of the Federal Government which was established to assist the States in the administration of elections, lacked a quorum in its membership and therefore could not meet, appoint an executive director or general counsel, or otherwise take any actions to prevent these problems from occurring.

(3)

The inability of the Commission to carry out its duties meant that it could not convene its Standards Board, a collection of State and local election officials with the authority to review guidelines for the voluntary standards applicable to the voting systems used to administer these elections and to make recommendations for best practices for election administration.

(4)

The inability of the Commission to carry out its duties meant that no new laboratories could be certified to develop and test the equipment used in these elections.

(5)

The Election Assistance Commission should be allowed to investigate fully the problems which plagued the elections held in November 2012 and to develop solutions.

(6)

The Election Assistance Commission should be given the tools it needs to carry out its mission in a manner immune from illogic and partisan bickering, so that it can provide States and others involved in the administration of elections with the guidance that will enable them to provide each citizen who wishes to participate in the electoral process the ability to do so.

(7)

The Election Assistance Commission should be permitted to provide to taxpayers and election officials accurate information on the voting equipment used to administer elections and to hold the vendors of such equipment accountable for any problems that may arise with its use.

Sec. 2 Reauthorization of Commission

(a)

Reauthorization— Section 210 of the Help America Vote Act of 2002 (42 U.S.C. 15330) is amended by striking “for each of the fiscal years 2003 through 2005” and inserting “for each of the fiscal years 2014 through 2018”.

(b)

Treatment of commission in same manner as federal election commission for purposes of paperwork reduction act— Section 3502(1) of title 44, United States Code, is amended—

(1)

by redesignating subparagraphs (B), (C), and (D) as subparagraphs (C), (D), and (E); and

(2)

by inserting after subparagraph (A) the following new subparagraph:

“(B) the Election Assistance Commission;”

Sec. 3 Requiring states to participate in post-general election surveys

(a)

Requirement— Title III of the Help America Vote Act of 2002 (42 U.S.C. 15481 et seq.) is amended by inserting after section 303 the following new section:

“303A. Requiring participation in post-general election surveys

“(a) Requirement—Each State shall furnish to the Commission such information as the Commission may request for purposes of conducting any post-election survey of the States with respect to the administration of a regularly scheduled general election for Federal office.

“(b) Effective date—This section shall apply with respect to the regularly scheduled general election for Federal office held in November 2014 and any succeeding election.”

(b)

Conforming amendment relating to enforcement— Section 401 of such Act (42 U.S.C. 15511) is amended by striking “and 303” and inserting “303, and 303A”.

(c)

Clerical amendment— The table of contents of such Act is amended by inserting after the item relating to section 303 the following new item:

Sec. 4 Determining extent to which disabled individuals have access to polling places

(a)

Ongoing surveys of compliance with ADA— In accordance with section 241 of the Help America Vote Act of 2002 (42 U.S.C. 15381), not later than 180 days after the date of the regularly scheduled general election for Federal office held in November 2014 and each succeeding regularly scheduled general election for Federal office, the Election Assistance Commission, shall, with the assistance of the Comptroller General, conduct and publish a survey of each polling place used for the election to determine the percentage of such polling places that were in compliance with the standards applicable to such locations under the Americans With Disabilities Act of 1990.

(b)

Evaluation of need To continue surveys— At the time the Election Assistance Commission publishes the results of the survey conducted under subsection (a) with respect to the regularly scheduled general election for Federal office held in November 2022, the Commission shall evaluate and make a recommendation to Congress regarding whether the percentage of polling places in compliance with the standards applicable to such locations under the Americans With Disabilities Act of 1990 has increased to such an extent that there is no longer a need to conduct surveys under subsection (a) with respect to subsequent elections.

Sec. 5 Establishment of procedures and fee schedules for conducting testing of voting equipment hardware and software; payment of user fees for compensation of accredited laboratories

(a)

In General— Section 231(b) of the Help America Vote Act of 2002 (42 U.S.C. 15371(b)) is amended by adding at the end the following new paragraphs:

“(3) Procedures for conducting testing; payment of user fees for compensation of accredited laboratories

“(A) Establishment of escrow account—The Commission shall establish an escrow account (to be known as the “Testing Escrow Account”) that will serve as the exclusive source for making payments to accredited laboratories for the costs of the testing carried out in connection with the certification, decertification, and recertification of voting system hardware and software.

“(B) Schedule of fees—In consultation with the accredited laboratories, the Commission shall establish and regularly update a schedule of fees for the testing carried out in connection with the certification, decertification, and recertification of voting system hardware and software, based on the reasonable costs expected to be incurred by the accredited laboratories in carrying out the testing for various types of hardware and software.

“(C) Requests and payments by manufacturers—A manufacturer of voting system hardware and software may not have the hardware or software tested by an accredited laboratory under this section unless—

“(i) the manufacturer submits a detailed request for the testing to the Commission;

“(ii) the request provides sufficient information for the Commission to determine the applicable fee for the testing under the schedule established and in effect under subparagraph (B);

“(iii) the Commission approves the request; and

“(iv) the manufacturer pays to the Commission, for deposit into the Testing Escrow Account established under subparagraph (A), the applicable fee for the testing.

“(D) Selection of laboratory—Upon approving a request for testing and receiving the payment from a manufacturer required under subparagraph (C), the Commission shall select at random (to the greatest extent practicable), from all laboratories which are accredited under this section to carry out the specific testing requested by the manufacturer, an accredited laboratory to carry out the testing.

“(E) Payments to laboratories—Upon determining that a laboratory selected to carry out testing pursuant to subparagraph (D) has completed the testing in accordance with the approved request, the Commission shall make a payment to the laboratory from the Testing Escrow Account established under subparagraph (A) in an amount equal to the applicable fee paid by the manufacturer under subparagraph (C)(iv).

“(4) Dissemination of additional information on accredited laboratories

“(A) List of accredited laboratories—The Commission shall maintain and publish an updated list of all accredited laboratories under this section.

“(B) Information on status of laboratories—In addition to updating the list maintained and published under subparagraph (A), the Commission shall promptly notify Congress, the chief State election official of each State, and the public whenever—

“(i) the Commission revokes, terminates, or suspends the accreditation of a laboratory under this section;

“(ii) the Commission restores the accreditation of a laboratory under this section which has been revoked, terminated, or suspended; or

“(iii) the Commission has credible evidence of a significant security failure at an accredited laboratory.

“(C) Information on testing—Upon completion of the testing of a voting system under this section, the Commission shall promptly disseminate to the public the identification of the laboratory which carried out the testing.”

(b)

Conforming Amendments— Section 231 of such Act (42 U.S.C. 15371) is further amended—

(1)

in subsection (a)(1), by striking “testing, certification,” and all that follows and inserting the following: “testing of voting system hardware and software by accredited laboratories in connection with the certification, decertification, and recertification of the hardware and software for purposes of this Act.”;

(2)

in subsection (a)(2), by striking “testing, certification,” and all that follows and inserting the following: “testing of its voting system hardware and software by the laboratories accredited by the Commission under this section in connection with certifying, decertifying, and recertifying the hardware and software.”;

(3)

in subsection (b)(1), by striking “testing, certification, decertification, and recertification” and inserting “testing”; and

(4)

in subsection (d), by striking “testing, certification, decertification, and recertification” each place it appears and inserting “testing”.

(c)

Deadline for Establishment of Escrow Account and Schedule of Fees— The Election Assistance Commission shall establish the Testing Escrow Account and schedule of fees described in section 231(b)(3) of the Help America Vote Act of 2002 (as added by subsection (a)) not later than January 1, 2014.

Sec. 6 Study of methods to reduce costs of administering elections

(a)

Analysis of factors affecting costs of administering elections— The Election Assistance Commission shall conduct a study analyzing various factors that affect the costs to States and units of local government of administering elections for Federal office, including the following specific factors:

(1)

The durability of the equipment used in voting systems.

(2)

The extent to which States and units of local government must replace existing systems because such systems are not capable of using enhanced software or are not capable of being upgraded in a cost-effective manner.

(3)

The lack of competition among vendors and manufacturers of the equipment used in voting systems because of consolidation in the voting system industry.

(b)

Recommendations for steps To reduce costs— The Commission shall include in the study conducted under this section such recommendations as the Commission shall consider appropriate to reduce the costs incurred by States and units of local government in administering elections for Federal office, including recommendations for legislative action by Congress or the States.

(c)

Deadline— Not later than 180 days after the date of the enactment of this Act, the Commission shall submit the study conducted under this section to Congress.

Sec. 7 Study of methods for increasing efficiency and cost-effectiveness of election assistance commission

(a)

Study— The Comptroller General shall conduct a study of the administrative operations of the Election Assistance Commission, and shall include in the study an analysis of various methods for increasing the efficiency and cost-effectiveness of such operations.

(b)

Deadline; report— Not later than 90 days after the date of the enactment of this Act, the Comptroller General shall submit to Congress a report on the study conducted under subsection (a), and shall include in the report such recommendations as the Comptroller General considers appropriate.

(c)

Participation of Election Assistance Commission— The Election Assistance Commission shall provide the Comptroller General with such assistance as the Comptroller General may require to carry out this section.

EAC Improvements Act of 2013