Sec. 8. Notice and cure process required for mismatched signatures on mail-in and provisional ballots
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Subtitle C of title III of the Help America Vote Act of 2002, as added by section 3 and amended by sections 5 and 6, is amended by adding at the end the following new section: Subject to paragraph (2), in this section, the term covered State means a State in which, under State law, a ballot submitted by mail or a provisional ballot is not counted as a vote in an election for Federal office unless the State verifies the signature of the individual who submitted such ballot by comparing the signature on the envelope containing such ballot or a document accompanying such ballot and the signature of such individual on the official list of registered voters in the State or other official record, or other document.
Such term shall not include a State which conducted a Federal election entirely through vote by mail prior to 2020. If an individual submits a ballot by mail or a provisional ballot in an election for Federal office in a covered State, and the appropriate State or local election official determines that a discrepancy exists between the signature on the envelope containing such ballot or a document accompanying such ballot used to verify the signature and the signature of such individual 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, 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 such individual that— a discrepancy exists between the signature on the envelope containing such ballot or a document accompanying such ballot used to verify the signature and the signature of such individual 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; such individual may provide information to cure such discrepancy in accordance with the procedures established pursuant to subsection (c)(1)(A); and if such discrepancy is not cured, such ballot will not be counted.
An election official shall provide the notice required by paragraph
(1)by at least two of the following methods: Regular mail. Phone. Electronic mail. Text message. In the case of an individual who submits a provisional ballot, the requirements of this subsection shall be in addition to the requirements applicable to such an individual under section 302(a). A covered State shall establish uniform and non-discriminatory procedures— to allow an individual to whom notice is provided under subsection (b)— to provide confirmation or information to cure the discrepancy described in subsection (b)(1) through the same form in which the notice is provided pursuant to subsection (b)(1) by a date that is not less than 10 calendar days following the date on which the notice required under subsection
(b)is given; and if such confirmation or information is rejected, to appeal the rejection; that require that voters whose ballots are returned without signatures be notified and given an opportunity to provide a missing signature on a form proscribed by the State; and prior to the date of final certification of ballots in the election by such State, to provide such individual a final determination as to the validity of the ballot and whether the individual's ballot was counted in the election. A voter has until the day before certification of election results to provide confirmation that the signature in question is their genuine signature. This confirmation can be provided orally, in writing, or electronically, including through any of the forms described in subsection (b)(2). No separate oath or affirmation is required. A final determination with respect to the validity of a ballot in the case of a signature mismatch under this section shall be made by three election officials, at least one of whom is of an opposing party and, unless such election officials determine, taking into account any conformation or information provided under the procedures established pursuant to paragraph (1)(A), through a unanimous vote and beyond a reasonable doubt that the ballot is not valid, such ballot shall be counted as a vote in that election. Not later than 120 days after the end of a Federal election cycle, each chief State election official in a covered State 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 section. Description of attempts to contact voters to provide notice as required by this section. Description of the cure process developed by such State pursuant to this section, including the number of ballots determined valid as a result of such process. For purposes of this subsection, the term Federal For election cycle means the period beginning on January 1 of any odd numbered year and ending on December 31 of the following year. The Director of the National Institute of Standards and Technology shall expand the research and develop best practices or guidelines for the acceptance, verification, and curing of signatures for mail-in ballots. This section shall apply with respect to the general election for Federal office held in 2020 and any subsequent election for Federal office. . The table of contents of such Act is amended by inserting after the item relating to section 323, as added by section 6, the following new item: Sec. 324. Signature mismatch on ballot submitted by mail or provisional ballot. .