[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6202 Introduced in House (IH)]
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116th CONGRESS
2d Session
H. R. 6202
To require States to adopt contingency plans to prevent the disruption
of Federal elections from the COVID-19 virus, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 11, 2020
Mr. Blumenauer (for himself, Mr. Raskin, and Ms. DelBene) introduced
the following bill; which was referred to the Committee on House
Administration
_______________________________________________________________________
A BILL
To require States to adopt contingency plans to prevent the disruption
of Federal elections from the COVID-19 virus, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Resilient Elections During
Quarantines and Natural Disasters Act of 2020''.
SEC. 2. REQUIREMENTS FOR FEDERAL ELECTION CONTINGENCY PLANS IN RESPONSE
TO COVID-19.
(a) In General.--Not later than 30 days after the date of the
enactment of this Act, each State and jurisdiction shall establish and
make publicly available a contingency plan to enable individuals to
vote in elections for Federal office in any case in which a significant
number of individuals in such State or jurisdiction are unable to vote
because--
(1) they are under a quarantine that is--
(A) imposed by a government order in response to
the coronavirus disease 2019 (referred to in this
section as ``COVID-19''); or
(B) recommended by a government official or public
health expert in response to COVID-19; or
(2) their polling place is closed because poll workers or
election officials are under a quarantine that is--
(A) imposed by a government order in response to
COVID-19; or
(B) recommended by a government official or public
health expert in response to COVID-19.
(b) Requirement To Plan for Voters To Be Able To Request Absentee
Ballots Online and Vote by Mail.--The contingency plan established
under subsection (a) shall--
(1) permit all individuals who are registered to vote to--
(A) submit an online request for an absentee
ballot; and
(B) cast a vote in Federal elections by mail; and
(2) provide for the extension of vote-by-mail deadlines if
postal service is disrupted as a result of COVID-19.
(c) State.--For purposes of this section, the term ``State''
includes the District of Columbia, the Commonwealth of Puerto Rico,
Guam, American Samoa, the United States Virgin Islands, and the
Commonwealth of the Northern Mariana Islands.
(d) Enforcement.--The Attorney General may bring a civil action
against any State or jurisdiction in an appropriate United States
District Court for such declaratory and injunctive relief (including a
temporary restraining order, a permanent or temporary injunction, or
other order) as may be necessary to carry out the requirements of this
section.
SEC. 3. REQUIREMENT TO ALLOW NO-EXCUSE ABSENTEE VOTING DURING CERTAIN
PERIODS.
(a) In General.--Title III of the Help America Vote Act of 2002 (52
U.S.C. 21081 et seq.) is amended by adding at the end the following new
subtitle:
``Subtitle C--Other Requirements
``SEC. 321. NO-EXCUSE ABSENTEE VOTING DURING NATIONAL EMERGENCIES.
``(a) In General.--Notwithstanding section 6(c) of the National
Voter Registration Act of 1993 (52 U.S.C. 20505(c)), in the case of any
election for Federal office occurring during any period described in
subsection (b), each State and jurisdiction shall--
``(1) permit any eligible voter to use absentee
registration procedures and to vote by absentee ballot; and
``(2) comply with the requirements of subsection (d).
For purposes of this subsection, an election shall be considered to
occur during a period described in subsection (b) if votes may be cast
in such election (through absentee balloting, early voting, or
otherwise) on any day during such period.
``(b) Period Described.--
``(1) In general.--A period described in this subsection is
a period--
``(A) subject to paragraph (2), that begins with
the date that is 30 days after the date on which at
least 25 percent of States have declared an emergency
(under the laws of the State) with respect to any
single natural disaster or infectious disease
(including the coronavirus disease 2019 (referred to in
this section as `COVID-19')); and
``(B) that ends with--
``(i) in the case of a State that did not
declare an emergency with respect to the single
natural disaster or infectious disease
described in subparagraph (A), 180 days after
the first date on which less than 25 percent of
States have an emergency declaration in effect
with respect to such natural disaster or
disease; and
``(ii) in the case of a State that did
declare an emergency with respect to such
natural disaster or infectious disease, the
later of--
``(I) 180 days after the date on
which the State declares that the
emergency is no longer in effect; and
``(II) the date described in clause
(i).
``(2) Special period.--If, as of the date of enactment of
this section, at least 25 percent of States have declared an
emergency (under the laws of the State) with respect to any
single natural disaster or infectious disease (including COVID-
19), then a period described in this subsection shall begin on
the date that is 30 days after the date of enactment of this
section.
``(3) Treatment of emergency declarations by certain
counties and cities.--For purposes of this subsection, a State
shall be deemed to have declared an emergency under the laws of
the State with respect to a natural disaster or infectious
disease (including COVID-19) if an emergency is declared with
respect to such disaster or infectious disease by a city,
county, parish, or other political subdivision of the State
that has a population that is greater than 1,000,000.
``(c) State Option To Declare Emergency Voting Period.--
``(1) In general.--Notwithstanding section 6(c) of the
National Voter Registration Act of 1993 (52 U.S.C. 20505(c)),
if the Governor of a State has declared an emergency voting
period with respect to the State in accordance with paragraph
(2), the State and any jurisdiction in the State, with respect
to any election for Federal office occurring during such
period, shall--
``(A) permit any eligible voter to use absentee
registration procedures and to vote by absentee ballot;
and
``(B) comply with the requirements of subsection
(d).
For purposes of this paragraph, an election shall be considered
to occur during an emergency voting period if votes may be cast
in such election (through absentee balloting, early voting, or
otherwise) on any day during such period.
``(2) Emergency voting period.--
``(A) In general.--The Governor of a State may
declare an emergency voting period in the State by--
``(i) stating that a natural disaster or
infectious disease (including COVID-19) has
resulted in emergency conditions in the State;
and
``(ii) invoking the authority provided
under this subsection to apply the absentee
registration procedures and absentee voting
requirements described in paragraph (1) to the
State.
``(B) Duration of emergency voting period.--An
emergency voting period declared by a Governor of a
State under subparagraph (A)--
``(i) shall begin on the date that is 30
days after the Governor declares the emergency
voting period in accordance with subparagraph
(A); and
``(ii) shall end on the later of--
``(I) 180 days after the date on
which the Governor declares that
emergency conditions no longer exist in
the State; and
``(II) if applicable, the date on
which the period described in
subsection (b) ends.
``(d) Absentee Registration and Voting Requirements.--The
requirements described in this subsection are the following:
``(1) Deadline for absentee ballots.--If a ballot submitted
by an individual by mail with respect to an election for
Federal office in the State is postmarked on or before the date
of the election, the State may not refuse to accept or process
the ballot on the grounds that the individual did not meet a
deadline for returning the ballot to the appropriate State or
local election official.
``(2) Absentee ballot requests.--The State shall--
``(A) permit any eligible voter to submit an online
request for an absentee ballot to vote in an election
for Federal office in the State;
``(B) send an absentee ballot to vote in an
election for Federal office in the State by mail to any
eligible voter that submits a request for such a ballot
on or before the date that is 5 days before the date of
such election; and
``(C) on or before the date that is 1 day before
the date of an election for Federal office in the
State, permit any eligible voter that submits a request
for an absentee ballot to vote in such election to
download or receive via electronic mail a version of
such ballot that the voter may print out and mail in.
``(3) No excuse required.--The State shall not require that
an eligible voter provide a reason in order to vote by absentee
ballot or request to receive an absentee ballot.
``(4) No write-in ballots.--Any absentee ballot for an
election for Federal office in the State that is provided to an
eligible voter pursuant to paragraph (2) shall include the name
of each candidate for such office.
``(e) State.--For purposes of this section, the term `State'
includes the District of Columbia, the Commonwealth of Puerto Rico,
Guam, American Samoa, the United States Virgin Islands, and the
Commonwealth of the Northern Mariana Islands.
``(f) Private Right of Action.--
``(1) In general.--In the case of a violation of this
section, section 402 shall not apply and any person who is
aggrieved by such violation may provide written notice of the
violation to the chief election official of the State involved.
``(2) Relief.--If the violation is not corrected within 20
days after receipt of a notice under paragraph (1), or within 5
days after receipt of the notice if the violation occurred
within 120 days before the date of an election for Federal
office, the aggrieved person may, in a civil action, obtain
declaratory or injunctive relief with respect to the
violation.''.
(b) Enforcement by Attorney General.--Section 401 of the Help
America Vote Act of 2002 ( 52 U.S.C. 21111) is amended by striking
``and 303'' and inserting ``303, and 321''.
(c) Clerical Amendment.--The table of contents of the Help America
Vote Act of 2002 is amended by inserting after the item relating to
section 312 the following:
``Subtitle C--Other Requirements
``Sec. 321. No-excuse absentee voting during national emergencies.''.
SEC. 4. REQUIREMENT FOR PREPAID RETURN ENVELOPES FOR ABSENTEE BALLOTS.
(a) In General.--Subtitle A of title III of the Help America Vote
Act of 2002 (52 U.S.C. 21081 et seq.) is amended--
(1) by redesignating sections 304 and 305 as sections 305
and 306, respectively; and
(2) by inserting after section 303 the following new
section:
``SEC. 304. USE OF PREPAID SELF-SEALING RETURN ENVELOPES.
``(a) In General.--Each State and local jurisdiction shall provide
with any voter registration application, absentee ballot application,
or blank absentee ballot sent by mail a self-sealing return envelope
with prepaid postage or subject to an arrangement whereby the State
will reimburse the United States Postal Service for the postage of any
such return envelope that is sent by mail.
``(b) State.--For purposes of this section, the term `State'
includes the District of Columbia, the Commonwealth of Puerto Rico,
Guam, American Samoa, the United States Virgin Islands, and the
Commonwealth of the Northern Mariana Islands.
``(c) Effective Date.--The requirements of this section shall apply
to materials sent by States and local jurisdictions after the date that
is 60 days after the date of the enactment of this Act.''.
(b) Conforming Amendment Relating to Enforcement.--Section 401 of
such Act (52 U.S.C. 21111), as amended by section 3(b), is amended by
inserting ``304,'' after ``303,''.
(c) Clerical Amendments.--The table of contents of such Act is
amended--
(1) by redesignating the items relating to sections 304 and
305 as relating to sections 305 and 306, respectively; and
(2) by inserting after the item relating to section 303 the
following new item:
``Sec. 304. Use of prepaid self-sealing return envelopes.''.
SEC. 5. REIMBURSEMENTS TO STATES.
(a) In General.--Subtitle D of title II of the Help America Vote
Act of 2002 (52 U.S.C. 21001 et seq.) is amended by adding at the end
the following:
``PART 7--REIMBURSEMENTS FOR CERTAIN FEDERAL ELECTION EXPENDITURES
``SEC. 297. REIMBURSEMENTS.
``(a) In General.--The Commission shall make payments to each State
equal to the following costs incurred by the State (and local
jurisdictions within the State):
``(1) Costs of printing and mailing ballots and balloting
material to absentee voters.
``(2) Costs for providing return envelopes and the postage
associated with such envelopes pursuant to section 304.
``(3) Costs of purchasing high speed scanners and other
equipment for processing absentee ballots.
``(4) Costs of purchasing and deploying absentee ballot
drop boxes.
``(5) Costs paid or incurred in complying with section 2 of
the Resilient Elections During Quarantines and Natural
Disasters Act of 2020.
``(6) Any costs not described in paragraph (1) that are
paid or incurred in complying with section 321.
``(b) Limitation.--No funds may be provided to a State under this
section for costs attributable to the electronic return of marked
ballots by any voter.
``(c) Pass-Through of Funds to Local Jurisdictions.--
``(1) In general.--Subject to paragraph (2), if a State
receives a payment under this section for costs that include
costs incurred by a local jurisdiction within the State, the
State shall pass through to such local jurisdiction a portion
of such payment that is equal to the amount of the costs
incurred by such local jurisdiction.
``(2) Insufficient funds.--If a State receives a payment
for a period under this section that, as a result of the
application of subsection (d), is less than the aggregate
amount of costs described in subsection (a) for such State for
such period, than the portion of such payment that the State is
required to pass through to a local jurisdiction under
paragraph (1) shall not exceed the amount which bears the same
ratio to the total amount of costs incurred by such local
jurisdiction for such period as--
``(A) the amount of the payment received by the
State under this section for the period; bears to
``(B) the aggregate amount of costs described in
subsection (a) for such State for such period.
``(d) Insufficient Funds.--If the amount appropriated under section
298 exceeds the aggregate costs incurred by all States for the amounts
described in subsection (a) for any period, the amount of payment made
under such subsection to each State shall not exceed the amount which
bears the same ratio to the aggregate amount of costs described in
subsection (a) for such State for such period as--
``(1) the voting age population of the State (as reported
in the most recent decennial census); bears to
``(2) the total voting age population of all States (as
reported in the most recent decennial census).
``(e) State.--For purposes of this section, the term `State'
includes the District of Columbia, the Commonwealth of Puerto Rico,
Guam, American Samoa, the United States Virgin Islands, and the
Commonwealth of the Northern Mariana Islands.
``SEC. 298. AUTHORIZATION OF APPROPRIATIONS.
``(a) In General.--There are authorized to be appropriated for
payments under this part $500,000,000 for fiscal year 2020.
``(b) Availability of Funds.--Amounts appropriated pursuant to the
authorization under this section shall remain available, without fiscal
year limitation, until fiscal year 2030.''.
(b) Clerical Amendment.--The table of contents of the Help America
Vote Act of 2002 is amended by inserting after the item relating to
section 296 the following:
``Part 7--Reimbursements for Certain Federal Election Expenditures
``Sec. 297. Reimbursements.
``Sec. 298. Authorization of appropriations.''.
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