Sec. 204. Access to absentee registration procedures and no-excuse absentee voting for all voters
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Title III of the Help America Vote Act of 2002 ( 52 U.S.C. 21018 et seq.), as amended by sections 201, 202, and 203, is amended— by redesignating sections 307 and 308 as sections 308 and 309; and by inserting after section 306 the following: Notwithstanding section 6(c) and subparagraph
(B)or
(D)of section 8(a)(1) of the National Voter Registration Act of 1993 ( 52 U.S.C. 20505(c) ; 20507(a)(1)), each State shall— permit any eligible voter to use absentee registration procedures and to vote by absentee ballot in elections for Federal office; accept and process, with respect to any election for Federal office, any otherwise valid voter registration application and absentee ballot application from any eligible voter if the application is received by the appropriate State election official not less than 7 days before the election; in addition to any other method of registering to vote in the State, establish procedures— for States to send voter registration applications to eligible voters in accordance with the eligible voter's preferred method of transmission as designated under subparagraph (B); by which an eligible voter may designate whether the eligible voter prefers that such voter registration applications be transmitted by mail or electronically; and to allow eligible voters to electronically submit the mail voter registration application form prescribed under section 9(a)(2) of the National Voter Registration Act of 1993 ( 52 U.S.C. 20508(a)(2) ); in addition to any other method of applying for an absentee ballot in the State, establish procedures— for States to send absentee ballot applications to eligible voters in accordance with the eligible voter’s preferred method of transmission as designated under subparagraph (B); and by which an eligible voter may designate whether the eligible voter prefers that such absentee ballot registration be transmitted by mail or electronically; establish procedures to allow eligible voters to establish a permanent absentee voter status until the voter submits an application to terminate their permanent absentee voter status; transmit a validly requested absentee ballot to any eligible voter— in the case in which the request is received at least 45 days before an election for Federal office, not later than 45 days before the election; and in the case in which the request is received less than 45 days before an election for Federal office— in accordance with State law; and if practicable and as determined appropriate by the State, in a manner that expedites the transmission of such absentee ballot; and if the State declares or otherwise holds a runoff election for Federal office, establish a written plan which provides that absentee ballots are made available to eligible voters in a manner that gives them sufficient time to vote in the runoff election. Each State shall, in addition to the designation of a single State office under section 305, designate not less than 1 means of electronic communication— for use by eligible voters who wish to register to vote or vote in any jurisdiction in the State to request voter registration applications and absentee ballot applications under paragraphs
(3)and (4), respectively, of subsection (a); for use by States to send voter registration applications and absentee ballot applications requested under such paragraphs; for the purpose of providing related voting, balloting, and election information to eligible voters; and that meets the accessibility requirement as described in subsection (d). A State may, in addition to the means of electronic communication so designated, provide multiple means of electronic communication to eligible voters, including a means of electronic communication for the appropriate jurisdiction of the State. Each State shall include a means of electronic communication so designated with all informational and instructional materials that accompany balloting materials sent by the State to eligible voters. In the case where an eligible voter does not designate a preference under paragraph (3)(B) or (4)(B), respectively, of subsection (a), the State shall transmit the voter registration application or absentee ballot application by any delivery method allowable in accordance with applicable State law, or if there is no applicable State law, by mail. The Election Assistance Commission shall work with States to ensure the mail voter registration application form prescribed under section 9(a)(2) of the National Voter Registration Act of 1993 ( 52 U.S.C. 20508(a)(2) ) is accessible as defined in section 304 and capable of being submitted electronically to State election offices by individuals. Each State shall establish procedures— to securely transmit blank absentee ballots by mail and electronically (in accordance with the preferred method of transmission designated by the eligible voter under subparagraph (B)) to eligible voters for an election for Federal office; and by which the eligible voter may designate whether the individual prefers that such blank absentee ballot be transmitted by mail or electronically. In the case where an eligible voter does not designate a preference under paragraph (1)(B), the State shall transmit the ballot by any delivery method allowable in accordance with applicable State law, or if there is no applicable State law, by mail. Each State shall establish procedures to allow voters to securely mark blank absentee ballots through assistive technology for an election for Federal office. Subject to subparagraph (B), under the procedures established under paragraph (1), the State may apply such methods as the State considers appropriate which are in accordance with paragraph (1), such as assigning a unique identifier to the ballot, to ensure that if an eligible voter requests the State to transmit a blank absentee ballot to the individual in accordance with this subsection, the voted absentee ballot which is returned by the individual is the same blank absentee ballot which the State transmitted to the individual. In carrying out this paragraph, a State may not adopt a method of tracking absentee ballots which would violate the right of an individual to a private ballot. If a unique identifier is assigned to an absentee ballot, the State must adopt procedures to ensure the identity of the individual remains secret. Any electronic communication under this section, including any application, ballot, or instructional material sent electronically, shall be accessible as defined in section 304. Nothing in this section may be construed to allow the casting of ballots over the internet. This section shall apply with respect to elections for Federal office held on or after January 1, 2021. . Section 906(a) of the Help America Vote Act of 2002 ( 52 U.S.C. 21145(a) ) is amended, in the matter preceding paragraph (1), by striking section 303(b) and inserting sections 303(b) and 307(a) . The table of contents of such Act is amended by inserting after the item relating to section 306, as added by section 203(b), the following: Sec. 307. Access to absentee registration procedures and no-excuse absentee voting for all voters. .
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- 52 USC 21018
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Sec. 204
Access to absentee registration procedures and no-excuse absentee voting for all voters
Cite52 USC 21018
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