Sec. 5. Downloadable and printable absentee ballot for domestic use by voters with disabilities and in emergencies starting in 2022
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Subtitle C of title III of the Help America Vote Act of 2002, as added by section 3, is amended by adding at the end the following new section: Each State shall permit qualified individuals to use a downloadable and printable absentee ballot prescribed by the Election Assistance Commission under section 297 to cast a vote in any election for Federal office. Such downloadable and printable absentee ballots— must comply with the language requirements under section 203 of the National Voter Registration Act; and must comply with the disability requirements under section 508 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794d ).
For purposes of this section: Except as provided in paragraph (2), the term qualified individual means any individual who is otherwise qualified to vote in an election for Federal office and who— has requested an absentee ballot from the State or jurisdiction where such individual is registered to vote; and has not received such absentee ballot at least 2 days before the date of the election; resides in an area of a State with respect to which an emergency or public health emergency has been declared by the Governor or chief government official of the State or chief government official of an area, 5 days or less before election day under the laws of the State due to reasons including, but not limited to— a natural disaster, including severe weather; or an infectious disease; and has not requested an absentee ballot; expects to be absent from such individual’s jurisdiction on the day of the election for Federal office due to professional or volunteer service in response to a natural disaster or emergency as so declared; is hospitalized or expects to be hospitalized on the day of the election for Federal office; or is an individual with a disability (as defined in section 3 of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12102 )) and resides in a State which does not offer voters the ability to use secure and accessible remote ballot marking.
For purposes of subparagraph (E), a State shall permit an individual to self-certify that the individual is an individual with a disability. The term qualified individual shall not include an individual who— is an absent uniformed services voter (as defined in section 107(1) of the Uniformed and Overseas Citizens Absentee Voting Act ( 52 U.S.C. 20310(1) )) or an overseas voter (as defined in section 107(5) of such Act ( 52 U.S.C. 20310(5) )); and who is entitled to vote using the Federal write-in absentee ballot developed under section 103 of such Act ( 52 U.S.C. 20303 ).
Except as otherwise provided in this section, a domestic downloadable and printable absentee ballot to which this section applies shall be submitted and processed in the manner provided by law for absentee ballots in the State involved. An otherwise eligible national Federal write-in absentee ballot to which this section applies shall be counted— if it is postmarked, signed, or otherwise indicated by the United States Postal Service to have been mailed on or before the close of polls on the date of the election; and received by the appropriate State election official on or before the date that is 10 days after the date of such election.
The following rules shall apply with respect to domestic printable and downloadable absentee ballots to which this section applies: In completing the ballot, the voter may designate a candidate by writing in the name of the candidate or by writing in the name of a political party (in which case the ballot shall be counted for the candidate of that political party). In the case of the offices of President and Vice President, a vote for a named candidate or a vote by writing in the name of a political party shall be counted as a vote for the electors supporting the candidate involved.
Any abbreviation, misspelling, or other minor variation in the form of the name of a candidate or a political party shall be disregarded in determining the validity of the ballot. A State shall not refuse to accept and process any otherwise valid Federal write-in absentee ballot submitted in any manner by a qualified individual solely on the basis of the following: Notarization and witness signature requirements. Restrictions on paper type, including weight and size. Restrictions on envelope type, including weight and size.
For purposes of this section, the term State includes the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands. Each State shall be required to comply with the requirements of this section on and after January 1, 2022. . The table of contents for such Act is amended by inserting after the item relating to section 321, as added by section 3, the following: Sec. 322. Use of domestic downloadable and printable absentee ballot. .
Title II of the Help America Vote Act of 2002 ( 52 U.S.C. 20921 ) is amended by adding at the end the following new subtitle: The Commission shall prescribe a domestic downloadable and printable ballot (including a secrecy envelope and mailing envelope for such ballot) for use in elections for Federal office by qualified individuals (as defined in section 322(b)). The ballot prescribed under paragraph
(1)shall contain an affirmation, signed by the person submitting the ballot, that— such individual is a qualified individual (as defined in section 322(b)); such individual has not and will not cast another ballot with respect to the election for which the domestic downloadable and printable absentee ballot is cast; and acknowledging that a material misstatement of fact in completing the ballot may constitute grounds for conviction of perjury. The Commission shall make the domestic downloadable and printable absentee ballot available on the internet in a printable format. The domestic downloadable and printable absentee ballot shall be compliant with section 508 of the Rehabilitation Act of 1973 ( 29 U.S.C. 794d ) and shall not transmit the information completed by a voter over the internet. . Section 202 of the Help America Vote Act of 2002 ( 52 U.S.C. 20922 ) is amended by redesignating paragraphs
(5)and
(6)as paragraphs
(6)and (7), respectively, and by inserting after paragraph
(4)the following new paragraph: carrying out the duties described in part 7 relating to downloadable and printable absentee ballot for domestic use; . The table of contents for such Act is amended by inserting after the item related to section 296 the following: Part 7—Downloadable and Printable Absentee Ballot for Domestic Use Sec. 297. Downloadable and printable absentee ballot for domestic use. .
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Sec. 5
Downloadable and printable absentee ballot for domestic use by voters with disabilities and in emergencies starting in 2022
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