of software and hardware for which information is disclosed by manufacturer (a) Requirement Section 301(a) of the Help America Vote Act of 2002 ( 52 U.S.C. 21081(a) ), as amended by sections 104 and 105, is amended by adding at the end the following new paragraph: (9) Requiring use of software and hardware for which information is disclosed by manufacturer (A) Requiring use of software for which source code is disclosed by manufacturer (i) In general In the operation of voting systems in an election for Federal office, a State may only use software for which the manufacturer makes the source code (in the form in which will be used at the time of the election) publicly available online under a license that grants a worldwide, royalty-free, non-exclusive, perpetual, sub-licensable license to all intellectual property rights in such source code, except that the manufacturer may prohibit a person who obtains the software from using the software in a manner that is primarily intended for or directed toward commercial advantage or private monetary compensation that is unrelated to carrying out legitimate research or cybersecurity activity. (ii) Exceptions Clause (i) does not apply with respect to— (I) widely-used operating system software which is not specific to voting systems and for which the source code or baseline functionality is not altered