Sec. 1907. Requiring States to provide secured drop boxes for voted absentee ballots in elections for Federal office
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Subtitle A of title III of the Help America Vote Act of 2002 ( 52 U.S.C. 21081 et seq. ), as amended by section 1031(a), section 1101(a), section 1611(a), section 1621(a), section 1622(a), section 1623(a), and section 1906(a), is amended— by redesignating sections 311 and 312 as sections 312 and 313; and by inserting after section 310 the following new section: In each county in the State, each State shall provide in-person, secured, and clearly labeled drop boxes at which individuals may, at any time during the period described in subsection (b), drop off voted absentee ballots in an election for Federal office.
The period described in this subsection is, with respect to an election, the period which begins 45 days before the date of the election and which ends at the time the polls close for the election in the county involved. Each State shall ensure that the drop boxes provided under this section are accessible for use— by individuals with disabilities, as determined in consultation with the protection and advocacy systems (as defined in section 102 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 ( 42 U.S.C. 15002 )) of the State; by individuals with limited proficiency in the English language; and by homeless individuals (as defined in section 103 of the McKinney–Vento Homeless Assistance Act of 1987 ( 42 U.S.C. 11302 )) of the State.
For purposes of this subsection, drop boxes shall be considered to be accessible for use by individuals with disabilities if the drop boxes meet such criteria as the Attorney General may establish for such purposes. If a State provides a drop box under this section on the grounds of or inside a building or facility which serves as a polling place for an election during the period described in subsection (b), nothing in this subsection may be construed to waive any requirements regarding the accessibility of such polling place for the use of individuals with disabilities or individuals with limited proficiency in the English language.
The number of drop boxes provided under this section in a county with respect to an election shall be determined as follows: In the case of a county in which the number of individuals who are residents of the county and who are registered to vote in the election is equal to or greater than 20,000, the number of drop boxes shall be a number equal to or greater than the number of such individuals divided by 20,000 (rounded to the nearest whole number). In the case of any other county, the number of drop boxes shall be equal to or greater than one.
The State shall ensure that the number of drop boxes provided is sufficient to provide a reasonable opportunity for voters to submit their voted ballots in a timely manner. For purposes of this subsection, the number of individuals who reside in a county and who are registered to vote in the election shall be determined as of the 90th day before the date of the election. The State shall determine the location of drop boxes provided under this section in a county on the basis of criteria which ensure that the drop boxes are— available to all voters on a non-discriminatory basis; accessible to voters with disabilities (in accordance with subsection (c)); accessible by public transportation to the greatest extent possible; available during all hours of the day; sufficiently available in all communities in the county, including rural communities and on Tribal lands within the county (subject to subsection (f)); and geographically distributed to provide a reasonable opportunity for voters to submit their voted ballot in a timely manner.
In making a determination of the number and location of drop boxes provided under this section on Tribal lands in a county, the appropriate State and local election officials shall— consult with Tribal leaders prior to making the determination; and take into account criteria such as the availability of direct-to-door residential mail delivery, the distance and time necessary to travel to the drop box locations (including in inclement weather), modes of transportation available, conditions of roads, and the availability (if any) of public transportation.
For purposes of section 306(e) (relating to the timing of the processing and scanning of ballots for tabulation), a vote cast using a drop box provided under this section shall be treated in the same manner as any other vote cast during early voting. On or adjacent to each drop box provided under this section, the State shall post information on the requirements that voted absentee ballots must meet in order to be counted and tabulated in the election. The State may provide for the security of drop boxes through remote or electronic surveillance.
This section shall apply with respect to the regularly scheduled general election for Federal office held in November 2022 and each succeeding election for Federal office. . The table of contents of such Act, as amended by section 1031(c), section 1101(c), section 1611(c), section 1621(b), section 1622(c), section 1623(a), and section 1906(c), is amended— by redesignating the items relating to sections 311 and 312 as relating to sections 312 and 313; and by inserting after the item relating to section 310 the following new item:
Sec. 311. Use of secured drop boxes for voted absentee ballots. .
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Sec. 1907
Requiring States to provide secured drop boxes for voted absentee ballots in elections for Federal office
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