Sec. 212. Limitation on possession of mail-in ballots
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It shall be unlawful for an individual to distribute, order, request, deliver, or possess— any ballot not associated with— such individual; an immediate family member of such individual; or another individual for whom such individual is a caregiver; and more than 4 mail-in ballots for an election for Federal office at a time. The limitation 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 the official capacity of such postal worker or election official. An individual who knowingly receives, accepts, or agrees to receive or accept anything of value, personally or for any other person, in return for distributing, ordering, requesting, delivering, or possessing a mail-in ballot in violation of paragraph
(1)shall be fined in an amount not exceeding $25,000, or imprisoned not more than 5 years, or both. An individual may not return a mail-in ballot not associated with such individual, unless such individual— presents to an election official acting within the scope of the official capacity of such official a government-issued photo identification of such individual; and provides to such election official, together with such ballot, a completed affidavit described in paragraph
(2)that— is signed by the voter with whom the ballot is associated, or if such voter cannot write because of a physical handicap or illiteracy, bears the mark of such voter and the signature of a witness to the making of the mark; and is signed by such individual, or if such individual cannot write because of a physical handicap or illiteracy, bears the mark of such individual and the signature of a witness to the making of the mark. The affidavit described in this section is a form that— is prescribed by the Election Assistance Commission; and includes a space for an election official to record the form of identification presented pursuant to paragraph (1)(A). Each authorization form provided pursuant to paragraph (1)(B) must be preserved for at least 2 years as part of the record of the election, and the county board of voter registration and elections must note the time and date of receipt of the authorization form, the name of the individual providing the authorization form, the relationship of the individual to the voter, and the form of identification presented pursuant to paragraph (1)(A). In this section: The term caregiver means an individual who provides frequent and regular medical or health care assistance to a person in a residence, nursing care institution, hospice facility, assisted living center, assisted living facility, assisted living home, or residential care institution. The term immediate family member means the spouse, parent, child, grandparent, grandchild, or sibling of the individual or of the spouse of the individual.