Section 1. Section [      ] is enacted to read: 

Statutory Procedural Election Audits. 

(A) The [chief election official] is authorized to audit election procedures of the elections held in the counties of this state. The audit shall not create excessive interference with the general duties and responsibilities of the [chief election official or local entities or offices responsible for administering the election]. 

(B) The [chief election official] shall audit the election procedures of each county and political subdivision in the state at least once over an eight-year period beginning [date following effective date of statute]. 

1. Each county and political subdivision eligible to hold or administer an election must register with the [chief election official].  
2. Each county and political subdivision must notify the [chief election official] of the elections to be held 90 days prior to the election date.  
3. The [chief election official] shall randomly select the counties and political subdivisions to be audited. The [chief election official] shall select a sufficient number of counties and political subdivisions to ensure all counties and political subdivisions of the state are audited at least once within the eight-year period. No audit shall occur until after the period to contest an election has expired, or if a runoff election occurs, the audit shall occur after the runoff election. 
4. A county or political subdivision randomly selected for audit may not be reselected for audit until all counties and political subdivisions have been audited within the eight-year period.  
5. No county or political subdivision shall be selected for audit based on race, population, geographical location, or voting trends.  

 (C) The [chief election official] shall audit the following: 

1. Accuracy of voter rolls and compliance with list maintenance requirements; 
2. Procedures for testing, storage, and maintenance of voting equipment; 
3. Records of ballots distributed, ballots voted, poll book records, and ballots tabulated; 
4. Chain of custody and seal documentation; 
5. Absentee ballots, absentee ballot applications, absentee ballot envelopes, registrar records regarding absentee ballots, and records created and used by the ballot board, to ensure appropriate processing and counting of absentee ballots; and 
6. Provisional ballots, provisional ballot envelopes, and records regarding provisional ballots to ensure compliance with appropriate processing and counting of provisional ballots.   

(D) The election official for the county or political subdivision that is audited under this section shall provide documents, records, or access to election equipment upon request by the [chief election official].  

(E) If the election official of the county or political subdivision willfully fails to comply with a request made under subdivision (D) of this section, the [chief election official] may:  

1. Find the county or political subdivision violated subdivision (D). 
2. After making a finding pursuant to (E)(1), the [chief election official] may withhold reimbursement of state funded election expenses to the county or political subdivision for a period of up to two (2) years.  
3. Within ten business days of his or her determination, the [chief election official] shall provide a county or political subdivision with written notice of a determination pursuant to (E)(1) or (E)(2) regarding the county or political subdivision. 
4. A county or political subdivision may appeal a determination pursuant to (E)(1) and/or (E)(2) to a district court in the county where the state capitol is situated.  

(F) If the audit reveals any issues that could call the outcome of an election into question or cause voters to be disenfranchised, then the [chief election official], in partnership with the local election officials, shall develop a plan to correct those issues, which shall include additional training and additional reporting to the [chief election official].  

(G) The [chief election official] shall develop an audit manual that details the policies and procedures guiding procedural post-election audits. The manual shall not have
the force of law and the manual shall not be altered within the ninety (90) days preceding an election in which the manual shall be utilized to conduct a post-election audit. 

(H) No later than one hundred twenty (120) days after an audit begins, unless a county or political subdivision is found to be in violation of subdivision (D), the [chief election official] shall compile a report on the audit and shall submit the report to the Governor, Lieutenant Governor, Speaker of the House of Representatives and Chairs of [relevant Senate and House Committees].   

(I) Prior to submitting the report, the [chief election official] shall allow the local election officials to review the report and provide comments to be submitted along with the report. The report shall list any major finding which may have affected the outcome of the election and whether any voters were disenfranchised, any major or minor findings, and recommended changes to both county or political subdivision and [chief election official] practices. The report must include information regarding any key violations and remedial efforts undertaken pursuant to (F). 

 (J)The [chief election official] shall publish the report on the [chief election official]’s website. Notwithstanding any other provision of law, the contents of the report and documents used to conduct the audit are deemed confidential until official publication of the report.   

(K) A risk limiting audit shall not satisfy the requirements of this Act, and this Act does not repeal or reduce any other election audit requirements.

Section 2. Section [      ] is enacted to read: Definitions. 

For purposes of this chapter, the following terms shall have the following meanings: 

(A) “Election” means an election that regularly recurs at fixed dates, the general election at which officers of the federal, state and county governments are elected, the general election held every four years to elect a governor for a full term, or a special election. 

(B) “Political subdivision” means a political subdivision of the state that has the power to tax, including a county, a school district, or a municipality.