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Code · BILL · 116th Congress · S. 4652 (Introduced in Senate) — To require the United States Postal Service to treat election mail as first-class mail and deliver such mail at no co... · Sec. 4

Sec. 4. Deadlines for ballots submitted by mail

343 words·~2 min read·/bill/116/s/4652/is/section-4

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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 and jurisdiction shall count a ballot submitted by an individual by mail with respect to an election for Federal office in the State— 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.
Nothing in this section shall be construed as prohibiting a State or jurisdiction from having a law that allows for counting ballots in an election for Federal office that are received through the mail after the date that is 10 days after the date of the election. . 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 section 322, 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 5 days after receipt of the notice, the aggrieved person may, in a civil action, obtain declaratory or injunctive relief with respect to the violation. 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, as amended by section 3, is amended— by inserting after the item relating to section 321 the following new item: Sec. 322. Deadline for ballots submitted by mail. ; and by inserting after the item relating to section 402 the following: Sec. 403. Private right of action for violations of mail-in ballot deadline. .
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Sec. 4
Deadlines for ballots submitted by mail
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