Sec. 1302. Balloting materials tracking program
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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 1044(a), section 1101(a), section 1102(a), section 1103(a), section 1104(a), section 1201(a), and section 1301(a), is amended— by redesignating sections 312 and 313 as sections 313 and 314, respectively; and by inserting after section 311 the following new section: Each State shall carry out a program to track and confirm the receipt of mail-in ballots and absentee ballots in an election for Federal office under which the State or local election official responsible for the receipt of such voted ballots in the election carries out procedures to track and confirm the receipt of such ballots, and makes information on the receipt of such ballots available to the individual who cast the ballot.
A State may meet the requirements of subsection (a)— through a program— which is established by the State; under which the State or local election official responsible for the receipt of voted mail-in ballots and voted absentee ballots in the election— carries out procedures to track and confirm the receipt of such ballots; and makes information on the receipt of such ballots available to the individual who cast the ballot; and which meets the requirements of subsection (c); or through the ballot materials tracking service established under section 1302(b) of the Freedom to Vote:
John R. Lewis Act . The requirements of this subsection are as follows: The information referred to under subsection (b)(1)(B)(ii) with respect to the receipt of mail-in ballot or an absentee ballot shall include information regarding whether the vote cast on the ballot was accepted, and, in the case of a vote which was rejected, the reasons therefor. Information on whether a ballot was accepted or rejected shall be available within 1 business day of the State accepting or rejecting the ballot.
Except as provided under subparagraph (B), the information provided under the program shall be available by means of online access using the internet site of the State or local election office. In the case of a State or local election official whose office does not have an internet site, the program shall require the official to establish a toll-free telephone number that may be used by an individual who cast an absentee ballot to obtain the information required under subsection (b)(1)(B).
This section shall apply with respect to the regularly scheduled general election for Federal office held in November 2024 and each succeeding election for Federal office. . Section 102 of the Uniformed and Overseas Citizens Absentee Voting Act ( 52 U.S.C. 20302(a) ) is amended by striking subsection
(h)and redesignating subsection
(i)as subsection (h). Not later than January 1, 2024, the Secretary of Homeland Security, in consultation with the Chair of the Election Assistance Commission, the Postmaster General, the Director of the General Services Administration, the Presidential designee, and State election officials, shall establish a balloting materials tracking service to be used by State and local jurisdictions to inform voters on the status of voter registration applications, absentee ballot applications, absentee ballots, and mail-in ballots. The balloting materials tracking service established under paragraph
(1)shall provide to a voter the following information with respect to that voter: In the case of balloting materials sent by mail, tracking information from the United States Postal Service and the Presidential designee on balloting materials sent to the voter and, to the extent feasible, returned by the voter. The date on which any request by the voter for an application for voter registration or an absentee ballot was received. The date on which any such requested application was sent to the voter. The date on which any such completed application was received from the voter and the status of such application. The date on which any mail-in ballot or absentee ballot was sent to the voter. The date on which any mail-in ballot or absentee ballot was out for delivery to the voter. The date on which the post office processes the ballot. The date on which the returned ballot was out for delivery to the election office. Whether such ballot was accepted and counted, and in the case of any ballot not counted, the reason why the ballot was not counted. The information described in subparagraph
(I)shall be available not later than 1 day after a determination is made on whether or not to accept and count the ballot. The balloting materials tracking service established under paragraph
(1)shall allow voters the option to receive the information described in paragraph
(2)through email (or other electronic means) or through the mail. Information described in subparagraphs (E), (G), and
(I)of paragraph
(2)shall be made available to political parties and voter registration organizations, at cost to cover the expense of providing such information, for use, in accordance with State guidelines and procedures, in helping to return or cure mail-in ballots during any period in which mail-in ballots may be returned. The Director may not charge any fee to a State or jurisdiction for use of the balloting materials tracking service in connection with any Federal, State, or local election. For purposes of this subsection, the term Presidential designee means the Presidential designee under section 101(a) of the Uniformed and Overseas Citizens Absentee Voting Act ( 52 U.S.C. 30201 ). There are authorized to be appropriated to the Director such sums as are necessary for purposes of carrying out this subsection. Subtitle D of title II of the Help America Vote Act of 2002 ( 42 U.S.C. 15401 et seq. ) is amended by adding at the end the following new part: In accordance with this section, the Commission shall make a payment to a State to reimburse the State for the costs incurred in establishing the absentee ballot tracking program under section 312(b)(1) (including costs incurred prior to the date of the enactment of this part). In order to receive a payment under this section, a State shall submit to the Commission a statement containing— a certification that the State has established an absentee ballot tracking program with respect to elections for Federal office held in the State; and a statement of the costs incurred by the State in establishing the program. The amount of a payment made to a State under this section shall be equal to the costs incurred by the State in establishing the absentee ballot tracking program, as set forth in the statement submitted under paragraph (1), except that such amount may not exceed the product of— the number of jurisdictions in the State which are responsible for operating the program; and $3,000. A State may not receive more than one payment under this part. There are authorized to be appropriated to the Commission for fiscal year 2022 and each succeeding fiscal year such sums as may be necessary for payments under this part. Any amounts appropriated pursuant to the authorization under this section shall remain available until expended. . The table of contents of such Act, as amended by section 1031(c), 1044(b), section 1101(c), section 1102(c), section 1103(a), section 1104(c), section 1201(c), and section 1301(a), is amended— by adding at the end of the items relating to subtitle D of title II the following: PART 7—Payments to reimburse states for costs incurred in establishing program to track and confirm receipt of absentee ballots Sec. 297. Payments to states. Sec. 297A. Authorization of appropriations. ; by redesignating the items relating to sections 312 and 313 as relating to sections 313 and 314, respectively; and by inserting after the item relating to section 311 the following new item: Sec. 312. Absentee ballot tracking program. .
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- 52 USC 30201
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Sec. 1302
Balloting materials tracking program
Cite52 USC 30201
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