Sec. 3. Early voting and voting by mail
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Title III of the Help America Vote Act of 2002 ( 52 U.S.C. 21081 et seq.) is amended by adding at the end the following new subtitle: Each State shall allow individuals to vote in an election for Federal office during an early voting period which occurs prior to the date of the election, in the same manner as voting is allowed on such date. The early voting period required under this subsection with respect to an election shall consist of a period of consecutive days (including weekends) which begins on the 15th day before the date of the election (or, at the option of the State, on a day prior to the 15th day before the date of the election) and ends on the date of the election.
Each polling place which allows voting during an early voting period under subsection
(a)shall— allow such voting for no less than 10 hours on each day; have uniform hours each day for which such voting occurs; and allow such voting to be held for some period of time prior to 9:00 a.m (local time) and some period of time after 5:00 p.m. (local time). To the greatest extent practicable, a State shall ensure that each polling place which allows voting during an early voting period under subsection
(a)is located within walking distance of a stop on a public transportation route. The State shall ensure that polling places which allow voting during an early voting period under subsection
(a)will be located in rural areas of the State, and shall ensure that such polling places are located in communities which will provide the greatest opportunity for residents of rural areas to vote during the early voting period. The Commission shall issue standards for the administration of voting prior to the day scheduled for a Federal election. Such standards shall include the nondiscriminatory geographic placement of polling places at which such voting occurs. The standards described in paragraph
(1)shall permit States, upon providing adequate public notice, to deviate from any requirement in the case of unforeseen circumstances such as a natural disaster, terrorist attack, or a change in voter turnout. The State shall begin processing and scanning ballots cast during early voting for tabulation at least 14 days prior to the date of the election involved. Nothing in this subsection shall be construed to permit a State to tabulate ballots in an election before the closing of the polls on the date of the election. This section shall apply with respect to the regularly scheduled general election for Federal office held in November 2020 and each succeeding election for Federal office. If an individual in a State is eligible to cast a vote in an election for Federal office, the State may not impose any additional conditions or requirements on the eligibility of the individual to cast the vote in such election by absentee ballot by mail. A State may not require an individual to provide any form of identification as a condition of obtaining an absentee ballot, except that nothing in this paragraph may be construed to prevent a State from requiring a signature of the individual or similar affirmation as a condition of obtaining an absentee ballot. A State may not require notarization or witness signature or other formal authentication (other than voter attestation) as a condition of obtaining or casting an absentee ballot. A State may impose a deadline for requesting the absentee ballot and related voting materials from the appropriate State or local election official and for returning the ballot to the appropriate State or local election official. At the option of an individual, a State shall treat the individual’s application to vote by absentee ballot by mail in an election for Federal office as an application to vote by absentee ballot by mail in all subsequent Federal elections held in the State. A State may not impose a signature verification requirement as a condition of accepting and counting an absentee ballot submitted by any individual with respect to an election for Federal office unless the State meets the due process requirements described in paragraph (2). In this subsection, a signature verification requirement is a requirement that an election official verify the identification of an individual by comparing the individual’s signature on the absentee ballot with the individual’s signature on the official list of registered voters in the State or another official record or other document used by the State to verify the signatures of voters. If an individual submits an absentee ballot and the appropriate State or local election official determines that a discrepancy exists between the signature on such ballot and the signature of such individual on the official list of registered voters in the State or other official record or document used by the State to verify the signatures of voters, such election official, prior to making a final determination as to the validity of such ballot, shall— make a good faith effort to immediately notify the individual by mail, telephone, and (if available) electronic mail that— a discrepancy exists between the signature on such ballot and the signature of the individual on the official list of registered voters in the State; and if such discrepancy is not cured prior to the expiration of the 10-day period which begins on the date the official notifies the individual of the discrepancy, such ballot will not be counted; and cure such discrepancy and count the ballot if, prior to the expiration of the 10-day period described in clause (i)(II), the individual provides the official with information to cure such discrepancy, either in person, by telephone, or by electronic methods. If an individual submits an absentee ballot without a signature, the appropriate State or local election official, prior to making a final determination as to the validity of the ballot, shall— make a good faith effort to immediately notify the individual by mail, telephone, and (if available) electronic mail that— the ballot did not include a signature; and if the individual does not provide the missing signature prior to the expiration of the 10-day period which begins on the date the official notifies the individual that the ballot did not include a signature, such ballot will not be counted; and count the ballot if, prior to the expiration of the 10-day period described in clause (i)(II), the individual provides the official with the missing signature on a form proscribed by the State. An election official may not make a determination that a discrepancy exists between the signature on an absentee ballot and the signature of the individual who submits the ballot on the official list of registered voters in the State or other official record or other document used by the State to verify the signatures of voters unless— at least 2 election officials make the determination; and each official who makes the determination has received training in procedures used to verify signatures. Not later than 120 days after the end of a Federal election cycle, each chief State election official shall submit to Congress a report containing the following information for the applicable Federal election cycle in the State: The number of ballots invalidated due to a discrepancy under this subsection. Description of attempts to contact voters to provide notice as required by this subsection. Description of the cure process developed by such State pursuant to this subsection, including the number of ballots determined valid as a result of such process. For purposes of this subsection, the term Federal election cycle means the period beginning on January 1 of any odd numbered year and ending on December 31 of the following year. In addition to such other methods as the State may establish for an individual to request an absentee ballot, the State shall permit an individual to submit a request for an absentee ballot online. The State shall be considered to meet the requirements of this paragraph if the website of the appropriate State or local election official allows an absentee ballot request application to be completed and submitted online and if the website permits the individual— to print the application so that the individual may complete the application and return it to the official; or request that a paper copy of the application be transmitted to the individual by mail or electronic mail so that the individual may complete the application and return it to the official. If an individual requests to vote by absentee ballot in an election for Federal office, the appropriate State or local election official shall ensure that the ballot and relating voting materials are received by the individual prior to the date of the election so long as the individual’s request is received by the official not later than 5 days (excluding Saturdays, Sundays, and legal public holidays) before the date of the election, except that nothing in this paragraph shall preclude a State or local jurisdiction from allowing for the acceptance and processing of ballot requests submitted or received after such required period. If the area in which an election is held is in an area in which an emergency or disaster which is described in subparagraph
(A)or
(B)of section 1135(g)(1) of the Social Security Act ( 42 U.S.C. 1320b–5(g)(1) ) is declared during the period described in subparagraph (C)— paragraphs
(1)and
(2)shall not apply with respect to the election; and not later than 2 weeks before the date of the election, the appropriate State or local election official shall transmit by mail absentee ballots and balloting materials for the election to all individuals who are registered to vote in such election or, in the case of any State that does not register voters, all individuals who are in the State’s central voter file (or if the State does not keep a central voter file, to all individuals who are eligible to vote in such election). If an individual receives an absentee ballot from a State or local election official pursuant to subparagraph
(A)and returns the voted ballot to the official, the ballot shall not be counted in the election unless the individual includes with the ballot a signed affirmation that— the individual has not and will not cast another ballot with respect to the election; and acknowledges that a material misstatement of fact in completing the ballot may constitute grounds for conviction of perjury. The period described in this subparagraph with respect to an election is the period which begins 120 days before the date of the election and ends 30 days before the date of the election. Because of the public health emergency declared pursuant to section 319 of the Public Health Service Act ( 42 U.S.C. 247d ) resulting from the COVID–19 pandemic, the special rules set forth in this paragraph shall apply with respect to the regularly scheduled general election for Federal office held in November 2020 in each State. The State shall ensure that all absentee ballots and related voting materials in elections for Federal office are accessible to individuals with disabilities in a manner that provides the same opportunity for access and participation (including with privacy and independence) as for other voters. A State may not refuse to accept or process a ballot submitted by an individual by mail with respect to an election for Federal office in the State on the grounds that the individual did not meet a deadline for returning the ballot to the appropriate State or local election official if— the ballot is postmarked, signed, or otherwise indicated by the United States Postal Service to have been mailed on or before the date of the election; and the ballot is received by the appropriate election official prior to the expiration of the 10-day period which begins on the date of the election. In addition to permitting an individual to whom a ballot in an election was provided under this section to return the ballot to an election official by mail, the State shall permit the individual to cast the ballot by delivering the ballot at such times and to such locations as the State may establish, including— permitting the individual to deliver the ballot to a polling place on any date on which voting in the election is held at the polling place; and permitting the individual to deliver the ballot to a designated ballot drop-off location. The State— shall permit a voter to designate any person to return a voted and sealed absentee ballot to the post office, a ballot drop-off location, tribally designated building, or election office so long as the person designated to return the ballot does not receive any form of compensation based on the number of ballots that the person has returned and no individual, group, or organization provides compensation on this basis; and may not put any limit on how many voted and sealed absentee ballots any designated person can return to the post office, a ballot drop off location, tribally designated building, or election office. The State shall begin processing and scanning ballots cast by mail for tabulation at least 14 days prior to the date of the election involved. Nothing in this subsection shall be construed to permit a State to tabulate ballots in an election before the closing of the polls on the date of the election. Nothing in this section shall be construed to affect the authority of States to conduct elections for Federal office through the use of polling places at which individuals cast ballots. Nothing in this section may be construed to affect the treatment of any ballot submitted by an individual who is entitled to vote by absentee ballot under the Uniformed and Overseas Citizens Absentee Voting Act ( 52 U.S.C. 20301 et seq.). This section shall apply with respect to the regularly scheduled general election for Federal office held in November 2020 and each succeeding election for Federal office. Each State shall carry out a program to track and confirm the receipt of absentee ballots in an election for Federal office under which the State or local election official responsible for the receipt of voted absentee ballots in the election carries out procedures to track and confirm the receipt of such ballots, and makes information on the receipt of such ballots available to the individual who cast the ballot, by means of online access using the Internet site of the official’s office. The information referred to under subsection
(a)with respect to the receipt of an absentee ballot shall include information regarding whether the vote cast on the ballot was counted, and, in the case of a vote which was not counted, the reasons therefor. A program established by a State or local election official whose office does not have an Internet site may meet the requirements of subsection
(a)if the official has established a toll-free telephone number that may be used by an individual who cast an absentee ballot to obtain the information on the receipt of the voted absentee ballot as provided under such subsection. This section shall apply with respect to the regularly scheduled general election for Federal office held in November 2020 and each succeeding election for Federal office. For purposes of section 302(a)(4), notwithstanding the precinct or polling place at which a provisional ballot is cast within the State, the appropriate election official shall count each vote on such ballot for each election in which the individual who cast such ballot is eligible to vote. This subsection shall apply with respect to the regularly scheduled general election for Federal office held in November 2020 and each succeeding election for Federal office. Consistent with the requirements of section 302, each State shall establish uniform and nondiscriminatory standards for the issuance, handling, and counting of provisional ballots. This subsection shall apply with respect to the regularly scheduled general election for Federal office held in November 2020 and each succeeding election for Federal office. In this subtitle, the term State includes the Commonwealth of the Northern Mariana Islands. The requirements of this subtitle are minimum requirements, and nothing in this subtitle may be construed to prevent a State from establishing standards which promote the ability of individuals to vote in elections for Federal office, so long as such standards are not inconsistent with the requirements of this subtitle or other Federal laws. . Section 311(b) of such Act ( 52 U.S.C. 21101(b) ) is amended— by striking and at the end of paragraph (2); by striking the period at the end of paragraph
(3)and inserting ; and ; and by adding at the end the following new paragraph: in the case of the recommendations with respect to subtitle C, June 30, 2020. . Section 401 of such Act ( 52 U.S.C. 21111 ) is amended by striking and 303 and inserting 303, and subtitle C of title III . Title IV of such ( 52 U.S.C. 21111 et seq.) is amended by adding at the end the following new section: In the case of a violation of subtitle C of title III, section 402 shall not apply and any person who is aggrieved by such violation may provide written notice of the violation to the chief election official of the State involved. If the violation is not corrected within 20 days after receipt of a notice under subsection (a), or within 5 days after receipt of the notice if the violation occurred within 120 days before the date of an election for Federal office, the aggrieved person may, in a civil action, obtain declaratory or injunctive relief with respect to the violation. If the violation occurred within 5 days before the date of an election for Federal office, the aggrieved person need not provide notice to the chief election official of the State involved under subsection
(a)before bringing a civil action under subsection (b). . The table of contents of such Act is amended— by adding at the end of the items relating to title III the following: Subtitle C—Other Requirements Sec. 321. Early voting. Sec. 322. Promoting ability of voters to vote by mail. Sec. 323. Absentee ballot tracking program. Sec. 324. Rules for counting provisional ballots. Sec. 325. Coverage of Commonwealth of Northern Mariana Islands. Sec. 326. Minimum requirements for expanding ability of individuals to vote. ; and by adding at the end of the items relating to title IV the following new item: Sec. 403. Private right of action for violations of certain requirements. .
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- 42 USC 1320b–5(g)(1)
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Sec. 3
Early voting and voting by mail
Cite42 USC 1320b–5(g)(1)
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