[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7118 Introduced in House (IH)]
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116th CONGRESS
2d Session
H. R. 7118
To amend the Help America Vote Act of 2002 to require States to conduct
elections for Federal office held in 2020 solely through the use of
mail-in absentee ballots, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 4, 2020
Ms. Wilson of Florida (for herself, Mr. Cicilline, and Mr. Takano)
introduced the following bill; which was referred to the Committee on
House Administration
_______________________________________________________________________
A BILL
To amend the Help America Vote Act of 2002 to require States to conduct
elections for Federal office held in 2020 solely through the use of
mail-in absentee ballots, 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 ``Vote From Home America Act of
2020''.
SEC. 2. REQUIRING STATES TO CONDUCT ELECTIONS IN 2020 SOLELY THROUGH
USE OF MAIL-IN BALLOTS.
(a) Requirement.--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--Special Rules for Elections Held in 2020
``SEC. 321. REQUIRING ELECTIONS TO BE CONDUCTED SOLELY THROUGH USE OF
MAIL-IN ABSENTEE BALLOTS.
``(a) Requirement.--In the case of any election for Federal office
held in a State during the period described in subsection (b)--
``(1) the State may not operate any polling place for the
casting of ballots in the election; and
``(2) the State shall conduct the election solely through
the use of mail-in absentee ballots in accordance with the
requirements of section 322.
``(b) Period Described.--
``(1) In general.--The period described in this subsection
is the period which begins on the expiration of the 30-day
period which begins on the date of the enactment of this
subtitle and ends on January 5, 2021.
``(2) Application to primary elections occurring prior to
period.--In the case of any election for Federal office held in
a State during the 30-day period which begins on the date of
the enactment of this Act--
``(A) the State may operate polling places for the
casting of ballots in the election; and
``(B) the State shall make a good-faith effort to
conduct the election through the use of mail-in
absentee ballots in accordance with the requirements of
section 322.
``SEC. 322. REQUIREMENTS FOR USE OF MAIL-IN ABSENTEE BALLOTS.
``(a) Automatic Transmission of Ballots by Election Officials.--
``(1) In general.--The appropriate State or local election
official shall transmit an absentee ballot for an election for
Federal office held during the period described in section
321(b) to each individual who is registered to vote in the
election, or, in the case of any State that does not register
voters, to every individual who is eligible to vote in the
election.
``(2) Location to which ballots are transmitted.--The
official shall transmit the ballot to an individual under this
subsection to the mailing address which is on file for the
individual on the list of registered voters in the election
(or, in the case of any State that does not register voters,
the mailing address for the individual on the official record
or other document used by the State to verify the eligibility
of the individual to vote in the election), except that the
official shall transmit the ballot to an alternative mailing
address provided to the official by the individual (by
telephone, by mail, or by an online method), so long as the
individual provides the alternative mailing address to the
official not later than the date that is 2 weeks before the
date of the election involved or such alternative date as the
State may establish, whichever is closer to the date of the
election.
``(3) Deadline for transmission.--The official shall
transmit the ballot to an individual under this section not
later than 3 weeks before the date of the election.
``(b) No Excuse Required To Vote by Absentee Ballot.--If an
individual in the State is eligible to cast a vote in an election for
Federal office, the State may not impose any additional conditions or
requirements on the eligibility of the individual to cast the vote in
such election by an absentee ballot transmitted under this section.
``(c) Due Process Requirements for Signature Verification.--
``(1) Notice and opportunity to cure discrepancy.--If an
individual submits an absentee ballot in an election for
Federal office during the period described in section 321(b)
and the appropriate State or local election official determines
that a discrepancy exists between the signature on such ballot
and the signature of such individual on the official list of
registered voters in the State (or, in the case of any State
that does not register voters, on the official record or other
document used by the State to verify the eligibility of the
individual to vote in the election), such election official,
prior to making a final determination as to the validity of
such ballot, shall make a good faith effort to immediately
notify such individual by mail, telephone, and (if available)
electronic mail that--
``(A) a discrepancy exists between the signature on
such ballot and the signature of such individual on the
official list of registered voters in the State (or, in
the case of any State that does not register voters, on
the official record or other document used by the State
to verify the eligibility of the individual to vote in
the election);
``(B) such individual may provide the official with
information to cure such discrepancy, either in person,
by telephone, or by electronic methods; and
``(C) if such discrepancy is not cured prior to the
expiration of the 7-day period which begins on the date
of the election, such ballot will not be counted.
``(2) Opportunity to provide missing signature.--If an
individual submits an absentee ballot without a signature, the
State shall notify the individual and give the individual an
opportunity to provide the missing signature on a form
proscribed by the State.
``(3) Other requirements.--An election official may not
make a determination that a discrepancy exists between the
signature on an absentee ballot and the signature of the
individual who submits the ballot on the official list of
registered voters in the State (or, in the case of any State
that does not register voters, on the official record or other
document used by the State to verify the eligibility of the
individual to vote in the election), unless--
``(A) at least 2 election officials make the
determination; and
``(B) each official who makes the determination has
received training in procedures used to verify
signatures.
``(d) Accessibility for Individuals With Disabilities.--The State
shall ensure that all absentee ballots and related voting materials
transmitted under this section are accessible to individuals with
disabilities in a manner that provides the same opportunity for access
and participation (including with privacy and independence) as for
other voters.
``(e) Payment of Postage on Return Envelopes.--
``(1) Provision of return envelope.--The appropriate State
or local election official shall provide a self-sealing return
envelope with each absentee ballot transmitted under this
section.
``(2) Prepayment of postage.--Consistent with regulations
of the United States Postal Service, the State or the unit of
local government responsible for the administration of the
election involved shall prepay the postage on any envelope
provided under paragraph (1).
``(f) Assistance for Certain Voters.--In the case of an individual
with a disability or a serious illness or a language minority
individual, the State shall permit the individual to receive assistance
from a person of the individual's choosing to complete and submit the
ballot transmitted under this section.
``(g) Use of Drop-Off Boxes To Collect Ballots.--The appropriate
State or local election official shall provide in-person, secured drop
boxes on the grounds outside of the official's office, and on the
grounds outside of locations which served as polling places in the
regularly scheduled general elections for Federal office held in
November 2018, to which individuals may drop off voted absentee ballot
transmitted under this section.
``SEC. 323. PAYMENTS TO ASSIST WITH COSTS OF COMPLIANCE.
``(a) Availability of Payments.--The Commission shall make a
payment to each eligible State to assist with the costs incurred in
complying with the requirements of this subtitle, including costs
attributable to postage, equipment such as high-speed ballot scanners
and automated mail sorting systems, election personnel to process
absentee ballots and related materials, online voter registration
systems, public education campaigns, and software to track absentee
ballots.
``(b) Amount of Payment.--The amount of the payment made to a State
under this section shall be determined by the Commission on the basis
of the information provided by the State in its application under
subsection (c), except that the amount may not exceed the sum of--
``(1) the average of the costs incurred by the State in
administering the 3 most recent regularly scheduled general
elections for Federal office held in the State; and
``(2) if a regularly scheduled primary election for Federal
office is held in the State during the period described in
section 321(b), the average of the costs incurred by the State
in administering the 3 most recent regularly scheduled primary
elections for Federal office held in the State.
``(c) Eligibility.--A State is eligible to receive a payment under
this section if the State submits an application for the payment to the
Commission at such time and in such manner and containing such
information as the Commission shall require.
``(d) Pass-Through of Funds to Local Jurisdictions.--
``(1) In general.--If a State receives a payment under this
section for costs that include costs incurred by a local
jurisdiction or Tribal government within the State, the State
shall pass through to such local jurisdiction or Tribal
government a portion of such payment that is equal to the
amount of the costs incurred by such local jurisdiction or
Tribal government.
``(2) Tribal government defined.--In this subsection, the
term `Tribal Government' means the recognized governing body of
an Indian tribe (as defined in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 5304).
``(e) Authorization of Appropriations.--There are authorized to be
appropriated such sums as may be necessary to carry out this section.
``SEC. 324. COVERAGE OF NORTHERN MARIANA ISLANDS.
``In this subtitle, the term `State' includes the Commonwealth of
the Northern Mariana Islands.''.
(b) Conforming Amendment Relating to Enforcement.--Section 401 of
such Act (52 U.S.C. 21111) is amended by striking ``and 303'' and
inserting ``303, and subtitle C of title III''.
(c) Clerical Amendment.--The table of contents of such Act is
amended by adding at the end of the items relating to title III the
following:
``Subtitle C--Special Rules for Elections Held in 2020
``Sec. 321. Requiring elections to be conducted solely through use of
mail-in absentee ballots.
``Sec. 322. Requirements for use of mail-in absentee ballots.
``Sec. 323. Payments to assist with costs of compliance.
``Sec. 324. Coverage of Northern Mariana Islands.''.
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