text: 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.''.
target: 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.
feat_title: To require the Election Assistance Commission to establish an American Democracy Index to measure and improve the quality of voter access to polls and voter services in Federal elections.