Sec. 301. Voting by mail in Federal elections
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/bill/116/s/3822/is/section-301A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Title III of the Help America Vote Act of 2002 ( 52 U.S.C. 21081 ) is amended by adding at the end the following new subtitle: 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 mail, except to the extent that the State imposes a deadline for returning the ballot to the appropriate State or local election official.
Not later than 4 weeks before the date of any election for Federal office, each State shall mail ballots to individuals who are registered to vote in such election. All ballots provided under this section shall be accessible to individuals with disabilities in a manner that provides the same opportunity for access and participation (including for privacy and independence) as for other voters. 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.
A State shall be required to comply with the requirements of subsection
(a)with respect to elections for Federal office held in years after 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 the Help America Vote Act of 2002 ( 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). . Section 311(b) of such Act ( 52 U.S.C. 21101 ) is amended— in paragraph (2), by striking and ; in paragraph (3), by striking the period at the end and inserting ; and ; and by adding at the end the following: in the case of the recommendations with respect to subtitle C, 1 year after the date of enactment of such subtitle. . The table of contents of such Act is amended— by inserting after the item relating to section 312 the following: Subtitle C—Additional Requirements Sec. 321. Promoting ability of voters to vote by mail. ; and by inserting after the item relating to section 402 the following: Sec. 403. Private right of action for violations of subtitle C. . Chapter 34 of title 39, United States Code, is amended by adding at the end the following: Ballots mailed pursuant to section 303A(b) of the Help America Vote Act of 2002 (individually or in bulk) shall be carried expeditiously and free of postage. . The table of sections for chapter 34 of title 39, United States Code, is amended by adding at the end the following: 3407. Ballots provided for voting in Federal elections. . Section 2401(c) of title 39, United States Code, is amended by striking 3403 through 3406 and inserting 3403 through 3407 .
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