article: SECTION 1. SHORT TITLE. This Act may be cited as the ``American Democracy Index Act of 2009''. SEC. 2. ESTABLISHMENT OF AMERICAN DEMOCRACY INDEX AND RELATED ELECTION DATA COLLECTION. (a) In General.--Subtitle C of title II of the Help America Vote Act of 2002 (42 U.S.C. 15381 et seq.) is amended by adding at the end the following: ``SEC. 248. ESTABLISHMENT OF AMERICAN DEMOCRACY INDEX AND RELATED ELECTION DATA COLLECTION. ``(a) In General.--The Commission, in consultation with the Board and in accordance with this section, shall-- ``(1) develop an American Democracy Index for the evaluation of elections for Federal office occurring in 2010 and thereafter; ``(2) establish and operate a data collection system in order to collect and measure election data described in subsection (c) to be used in preparing the American Democracy Index; and ``(3) make the American Democracy Index with respect to each election for Federal office generally available to the public, including through the Internet. ``(b) American Democracy Index.--The American Democracy Index is an index that is designed to assist States in the administration of elections for Federal office by presenting the information collected under the system established under subsection (a)(2) on a State-by- State basis in a manner designed to demonstrate administration practices that-- ``(1) ensure the right of individuals to vote; ``(2) improve the quality of voter access to polls and the quality of voter services; and ``(3) secure the accuracy and integrity of elections. ``(c) Collection of Data.-- ``(1) Data to be collected.--The Commission shall, in consultation with the Board, determine the data that is required to be collected under this section in order to analyze the effectiveness of the State administration of elections for Federal office, including data required for developing or refining the American Democracy Index. ``(2) Data submission.-- ``(A) States required to provide data.--Each State shall submit to any grantee under subsection (e) the information described in paragraph (1) in support of the American Democracy Index. ``(B) Data submission regulations.--Within 60 days after the first meeting of the Board under subsection (d)(2)(B)(i), the Commission shall promulgate regulations for-- ``(i) the enforcement of the data submission mandate under subparagraph (A); and ``(ii) the standardization of election data described in paragraph (1). ``(C) Statistical analysis.--The Commission may, in coordination with a State, select precincts within the State on a sample basis from which to draw the information described in paragraph (1) in order to form statistical conclusions with respect to election administration in that State. In forming such statistical conclusions, the Office may append the information collected from the samples to other information provided by the State that was collected with respect to elections for Federal office in that State. ``(D) Payments to states.--In accordance with such regulations as the Commission may promulgate, the Commission shall make payments to States to assist the States in meeting the data submission requirements of this paragraph. ``(E) Rulemaking authority of commission.--Section 209 shall not apply with respect to any regulations promulgated by the Commission pursuant to the authority of this paragraph. ``(d) Independent Board of Advisors.-- ``(1) In general.--There is hereby established an independent Board of Advisors (in this section referred to as the `Board') that the Commission shall consult in developing and refining the American Democracy Index and the data to be collected under subsection (c). ``(2) Independent board of advisors.-- ``(A) Establishment.--The Board-- ``(i) shall be composed of 8 members from individuals from the academic, nonprofit, and election administration communities, of whom-- ``(I) 4 shall be selected by the Committee on Rules and Administration of the Senate, in consultation with the majority and minority leader of the Senate; and ``(II) 4 shall be selected by the Committee on House Administration of the House of Representatives, in consultation with the Speaker and minority leader of the House of Representatives; and ``(ii) shall be headed by a President elected by the members of the Board. ``(B) Duties.--The Board shall-- ``(i) meet at least twice a year, and at such other times as are specified by the President of the Board; and ``(ii) consult with the Commission as provided by this section, including making periodic recommendations to the Commission on the type of election data to be collected from States, the method of data collection, the enforcement mechanism for the collection of election data, the administration of elections in general, and other relevant issues as the Board sees appropriate. ``(e) Establishment and Operation of Index and Data Collection System.-- ``(1) Pilot program.--The Commission shall conduct a pilot program for elections for Federal office occurring in 2010 under which the Commission shall make a grant to 1 or more eligible entities to-- ``(A) to collect election data described in subsection (c) in not more than 5 States selected by the Board; and ``(B) to develop, refine, and publish data collection results for each of the States selected under subparagraph (A), including a comparison of localities in each State based on the data collected. ``(2) Initial index for 2012 elections.--Based on the pilot project conducted under paragraph (1), the Commission shall make a grant to 1 or more eligible entities to-- ``(A) collect election data described in subsection (c) in all States with respect to elections for Federal office occurring in 2012; and ``(B) prepare and publish the first American Democracy Index. ``(3) Future elections.--The Commission shall collect data, and prepare and publish an American Democracy Index, for each Presidential election cycle beginning on or after January 1, 2012, with respect to elections for Federal office occurring during the Presidential election cycle. In carrying out such duties, the Commission shall-- ``(A) modify the data to be collected and the index in accordance with the provisions of this section; and ``(B) contract with 1 or more eligible entities to carry out all or a portion of such duties. ``(f) Reports.--Not later than 9 months after the end of the election cycle for the election for Federal office occurring in 2012 and the end of each Presidential election cycle beginning on or after January 1, 2012, the Commission shall submit a report to Congress and to the chief State elections officials of each State that includes the election data collected under this section, together with any recommendations for-- ``(1) improving the types of election data that are collected and included in the American Democracy Index published under this section; and ``(2) legislation or administrative action to improve State performance in the administration of elections for Federal office (as determined based on a State-by-State comparison of such election data). ``(g) Definitions.--In this section: ``(1) Elections for federal office.--The term `elections for Federal office' means general elections only for Federal office. ``(2) Eligible entity.--The term `eligible entity' means any nonprofit organization or other organization deemed appropriate by the Commission. ``(3) Presidential election cycle.--The term `Presidential election cycle' means the 4-year period beginning with January of the year following an election for the office of President of the United States. ``(4) State.--The term `State' means each of the 50 States and the District of Columbia. ``(h) Authorization of Appropriations.-- ``(1) In general.--There are authorized to be appropriated to the Commission such sums as may be necessary to carry out the provisions of this section. ``(2) Data submission.--There is authorized to be appropriated $18,000,000 for each of fiscal years 2011 through 2016 to assist the States in complying with the data submission requirements of subsection (c)(2)(A).''. (b) Conforming Amendment.--The table of contents of the Help America Vote Act of 2002 is amended by inserting after the item relating to section 247 the following: ``Sec 248. Establishment of American Democracy Index and related election data collection.''.
summary: American Democracy Index Act of 2009 - Amends the Help America Vote Act of 2002 to require the Election Assistance Commission (EAC) to: (1) develop an American Democracy Index (ADI) to evaluate elections for federal office; (2) establish and operate a system to collect and measure election data for use in preparing the ADI; and (3) make the ADI with respect to each federal election available to the public, including through the Internet. Describes the ADI as an index designed to assist states in the administration of federal elections by presenting collected information on a state-by-state basis in a manner designed to demonstrate administration practices that: (1) ensure the right of individuals to vote; (2) improve the quality of voter access to polls and the quality of voter services; and (3) secure the accuracy and integrity of elections. Establishes an independent Board of Advisors the EAC shall consult in developing and refining the ADI and the data to be collected. Directs the EAC to: (1) conduct a pilot program for the 2010 federal elections under which it shall make one or more grants for election data collection in up to five states; and (2) based on such pilot program make one or more grants to collect 2012 federal election data in all states and prepare and publish the first ADI.