Sec. 216. Receipt, processing, and counting of absentee and mail-in ballots
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Title III of the Help America Vote Act of 2002 ( 52 U.S.C. 20901 et seq. ), as amended by section 214(a), is amended— by redesignating sections 306 and 307 as sections 307 and 308, respectively; and by inserting after section 305 the following new section: To be considered validly cast and eligible to be counted in an election for Federal office, an absentee or mail-in ballot must be received by the appropriate election official no later than the time polls close on the date of the election and, in the case of a general election for Federal office, no later than the time polls close on the date established under section 25 of the Revised Statutes of the United States ( 2 U.S.C. 7 ) for each general election for Federal office.
No State may accept for tabulation an absentee or mail-in ballot that is received by the appropriate election official following the time polls close on the date of the election. The deadline described in subsection
(a)shall not apply with respect to ballots cast by absent uniformed services voter or overseas voters, as defined in section 107 of the Uniformed and Overseas Citizens Absentee Voting Act ( 52 U.S.C. 20310 ). The chief State election official shall ensure that mail-in ballots cast in an election for Federal office and received prior to the date of the election shall be processed upon receipt (except in the case of a mail-in ballot received prior to the date that is 22 days before the date of the election, no earlier than the date that is 22 days before the date of the election), including— reviewing the ballots for defects that require curing; and any other action necessary to prepare the ballots to be counted. The chief State election official shall ensure that mail-in ballots in an election for Federal office are not counted for the purpose of determining and reporting election results before the time polls close on the date of the election. If the Attorney General determines that a State is not in compliance with this section with respect to an election for Federal office— no payment described in section 101(a) may be made to such State; and such State shall return any such payment made to such State during the period when such State was not in compliance with this section, as determined by the Attorney General. This section shall apply with respect to elections for Federal office held in 2027 or any succeeding year. . The table of contents of such Act, as amended by section 214(c), is amended— by redesignating the items relating to sections 306 and 307 as relating to sections 307 and 308, respectively; and by inserting after the item relating to section 305 the following new item: Sec. 306. Receipt, processing, and counting of mail-in ballots. .
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Sec. 216
Receipt, processing, and counting of absentee and mail-in ballots
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