Sec. 2. Federal standards for mail-in ballots
1,088 words·~5 min read·
/bill/117/s/301/is/section-2A 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. 20901 et seq.) is amended— by redesignating sections 304 and 305 as sections 305 and 306, respectively; and by inserting after section 303 the following new section: When otherwise permitted by State law, any vote-by-mail system used in an election for Federal office must be designed and implemented to ensure a secure, uniform, and timely system to cast a mail-in ballot in accordance with this section. Mail-in ballots may only be provided upon request submitted by the voter in accordance with this subsection. Requests for a mail-in ballot under a vote-by-mail system described in subsection
(a)may be submitted electronically or by postal mail using a standardized form approved for such requests by the chief State election official. The form for such requests must enable an election official who receives the request to confirm— the identity of the individual submitting the request; that the individual is validly registered and eligible to vote in the jurisdiction where the request is submitted; and that the individual continues to reside at the physical address where the individual is registered to vote (if different than the mailing address where the ballot is requested to be sent). Such request must be submitted by an individual and received by the office of the State or local election supervisor not later than 21 days before the date of the election for Federal office. Upon receipt of a request for a mail-in ballot, an election official shall confirm the identity, voter registration, and eligibility to vote of an individual requesting a mail-in ballot, by comparing the identifying information of the individual requester with, at a minimum, the following records and databases: The voter registration record maintained by the jurisdiction where the request is submitted. The Death Master File (as such term is defined in section 203(d) of the Bipartisan Budget Act of 2013 ( 42 U.S.C. 1306c(d) )). The E-Verify Program described in section 403(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996. Within 3 days of receiving a request for a mail-in ballot from an individual, an election official shall take one of the following actions with respect to such request: If the election official is unable to confirm the identity, voter registration, or eligibility to vote of the individual, the election official shall deny the request for a mail-in ballot and notify the individual in writing of the reason for such denial. If the election official is able to confirm the identity, voter registration, or eligibility to vote of the individual, the election official shall fulfill the request by mailing a mail-in ballot to the individual. The office of the State or local election supervisor shall— record the total number of mail-in ballots sent to voters pursuant to this section; and include a notation on the voter rolls maintained by the office and provided to the individual polling locations, which identifies that a voter has received a mail-in ballot and the date that mail-in ballot was sent to the voter. To be considered validly cast and eligible to be counted in an election for Federal office, a mail-in ballot must— be marked using blue or black ink, and properly designate the individual’s vote for each candidate; be signed by the individual using the same signature the individual used to register to vote; be dated; be received by the appropriate election official no later than the time polls close on the date of the election; and include an attestation, signed by the individual, that the individual submitting the mail-in ballot is— the individual to whom the ballot was mailed; registered to vote in the jurisdiction where the ballot is being submitted; and submitting the mail-in ballot in lieu of casting a ballot in-person, and will not attempt to cast a ballot in-person after submitting the mail-in ballot. An individual may choose to return a mail-in ballot in-person to the polling place where the individual is registered to vote in lieu of returning the ballot by mail. An individual who receives a mail-in ballot with respect to an election for Federal office may instead vote in-person in such election if the individual turns in the blank or incomplete mail-in ballot received by the individual to the polling location where the individual plans to vote in-person. If the individual attempts to vote in-person but does not bring their blank or incomplete mail-in ballot to the polling location, the individual shall be directed to complete a provisional ballot. It shall be unlawful for any person to possess or return a mail-in ballot completed by another person, except as provided in this subsection. A person may possess or return a mail-in ballot completed by an immediate family member, provided that the person does not possess more than 2 such completed mail-in ballots other than his or her own. In this paragraph, the term immediate family member means the spouse, child, parent, grandparent, or sibling of the person. A caregiver may possess or return a mail-in ballot completed by a person under the supervision or care of the caregiver, provided that the caregiver does not possess more than 2 such completed mail-in ballots other than his or her own. In this paragraph, the term caregiver means an individual who has the responsibility for the care of an older individual, either voluntarily, by contract, by receipt of payment for care, or as a result of the operation of law and means an individual who provides (on behalf of such individual or of a public or private agency, organization, or institution) compensated or uncompensated care to an older individual. The prohibition under paragraph
(1)shall not apply to the incidental possession of mail-in ballots by a postal worker or election official acting within the scope of his or her official capacity. Any person who violates this subsection shall be fined under title 18, United States Code, or imprisoned not more than 1 year, or both. This section shall apply with respect to elections for Federal office held after the date of the enactment of this section. . Section 401 of such Act ( 52 U.S.C. 21111 ) is amended by striking and 303 and inserting 303, and 304 . The table of contents of such Act is amended— by redesignating the items relating to sections 304 and 305 as relating to sections 305 and 306, respectively; and by inserting after the item relating to section 303 the following: Sec. 304. Federal standards for mail-in ballots. .
Connectionstraces to 3
Citation graph
cites case law
Cites 3Cited by 0 across 0 sources