Sec. 4. Permitting extension of time for presidential election in event of catastrophic event potentially affecting outcome
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Section 2 of title 3, United States Code, is amended to read as follows: If a State provides for the State’s electors to be appointed by popular election pursuant to State laws duly enacted prior to the day fixed by section 1 of this title, the time for voting in such election shall, in accordance with the procedures described in subsection (b), be extended beyond the day fixed by section 1 of this title if a candidate for President who appears on the ballot in the State demonstrates by clear and convincing evidence in an action filed under subsection
(b)that— a catastrophic event has occurred in the State; the catastrophic event has prevented a substantial portion of the State’s electorate from casting a ballot on such day, or caused a substantial portion of ballots already cast to be destroyed or rendered unreadable by such event without sufficient notice to affected voters by such day; and the number of voters prevented from casting a ballot by such event, the number of ballots destroyed or rendered unreadable by such event, or the total of both such numbers, is sufficient in number to potentially affect the ability of that candidate to win the election with respect to one or more presidential electors. A candidate for President who appears on the ballot of the State, and no other person, may file an action against the chief State election official of the State in the district court of the United States for the judicial district in which the capital of the State is located to seek an extension of the time for voting in the election under this section. Such district court shall have original and exclusive jurisdiction of any such action. Any action under this subsection shall be heard and determined by a court of 3 judges convened pursuant to section 2284 of title 28, United States Code, except that subsection (b)(2) of such section shall not apply to any such action, and any determination with respect to such an action shall be reviewable only by appeal directly to the Supreme Court of the United States. It shall be the duty of the district court described in paragraph
(1)and the Supreme Court of the United States to advance on the docket and to expedite to the greatest extent possible the disposition of any action or appeal under this subsection. The court shall require the time for voting in the election to be extended under this section only if the court finds by clear and convincing evidence that the criteria of subsection
(a)are met. If the court finds that the criteria of subsection
(a)are met, the court shall, except as provided in subparagraph (C), order an extended voting period that shall be for the shortest duration necessary in light of the catastrophic event justifying the extension, so long as such extended voting period concludes not later than 5 days after the day fixed by section 1 of this title. The time for voting in an election which is extended under this section shall only be extended in the area in the State specifically and directly affected by the catastrophic event, and, to the extent practicable, all ballots cast on or prior to the day fixed by section 1 of this title that are otherwise valid under State law duly enacted prior to such day shall be counted, and voters who cast such ballots shall not be required to take further action to take into account the extension of time for the election under this section. If the court finds that the criteria of subsection
(a)are met, but that it is impossible for the State to administer an extended voting period as a result of the catastrophic event, the court shall issue a declaratory judgment to that effect and, to the extent practicable, all ballots cast on or prior to the day fixed by section 1 of this title that are otherwise valid under State law duly enacted prior to such day shall be counted. Only a candidate for President who appears on the ballot of the State may intervene in an action filed with respect to the State under this subsection. If, on the court’s own initiative or the motion of a party, the court finds that the candidate filing an action under this subsection did not have a good-faith basis for the factual or legal contentions asserted in the action, the candidate’s attorneys of record and their law firms shall be jointly and severally liable for an amount equal to 3 times the full attorney’s fees and other expenses incurred by each other party to the action. An action under this subsection must be filed not later than the day after the day fixed for the election by section 1 of this title. If the catastrophic event prevents the appropriate court from accepting the filing of an action under this subsection, the action must be filed in another district court of the United States capable of accepting the filing most proximate to the judicial district in which the capital of the State is located. In this subsection, the term chief State election official has the meaning given such term in section 253(e) of the Help America Vote Act of 2002 ( 52 U.S.C. 21003(e) ). In this section, the term catastrophic event means a major natural disaster, an act of terrorism, or a widespread power outage, so long as such event is on a scale sufficient to prevent a substantial portion of a State’s electorate from casting a ballot on the day fixed by section 1 of this title, or such event causes a substantial number of ballots already cast in a State to be destroyed or rendered unreadable. In paragraph (1)— the term act of terrorism means an activity that involves acts dangerous to human life that are a violation of the criminal laws of the United States or of any State, and that appear to be intended— to intimidate or coerce a civilian population; to influence the policy of a government by intimidation or coercion; or to affect the conduct of a government by mass destruction, assassination, or kidnapping; and the term major natural disaster means any natural catastrophe (including any hurricane, tornado, historically significant widespread snowstorm, historically significant widespread flooding, historically significant destructive fire, tidal wave, tsunami, earthquake, or volcanic eruption that causes great damage or loss of life). Nothing in this section may be construed— to limit the application of any State or Federal protection of the right to vote in an election during the period during which the time for voting is extended under this section; to preclude a court in an action filed under subsection
(b)from ordering sanctions otherwise authorized by law; or to affect the manner in which, or circumstances under which, other elections under other provisions of law may be postponed or extended. . Section 21 of such title is amended by adding at the end the following: Governor includes the Mayor of the District of Columbia. . The table of sections of chapter 1 of such title is amended by amending the item relating to section 2 to read as follows: 2. Limited extension of time for appointing electors. .
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Sec. 4
Permitting extension of time for presidential election in event of catastrophic event potentially affecting outcome
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