[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7427 Introduced in House (IH)]
<DOC>
116th CONGRESS
2d Session
H. R. 7427
To amend the Help America Vote Act of 2002 to establish election
contingency plans to enable individuals to vote in elections for
Federal office during an emergency, to require States to make early
voting and absentee voting available to all individuals eligible to
vote in such elections, to encourage voter registration, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 30, 2020
Ms. Lofgren introduced the following bill; which was referred to the
Committee on House Administration, and in addition to the Committees on
Oversight and Reform, and the Judiciary, for a period to be
subsequently determined by the Speaker, in each case for consideration
of such provisions as fall within the jurisdiction of the committee
concerned
_______________________________________________________________________
A BILL
To amend the Help America Vote Act of 2002 to establish election
contingency plans to enable individuals to vote in elections for
Federal office during an emergency, to require States to make early
voting and absentee voting available to all individuals eligible to
vote in such elections, to encourage voter registration, 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; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``American
Coronavirus/COVID-19 Election Safety and Security Act'' or the ``ACCESS
Act''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Requirements for Federal election contingency plans in response
to natural disasters and emergencies.
Sec. 3. Early voting and voting by mail.
Sec. 4. Permitting use of sworn written statement to meet
identification requirements for voting.
Sec. 5. Voting materials postage.
Sec. 6. Requiring transmission of blank absentee ballots under UOCAVA
to certain voters.
Sec. 7. Voter registration.
Sec. 8. Accommodations for voters residing in Indian lands.
Sec. 9. Payments by Election Assistance Commission to States to assist
with costs of compliance.
Sec. 10. Grants to States for conducting risk-limiting audits of
results of elections.
Sec. 11. Additional appropriations for the Election Assistance
Commission.
Sec. 12. Definition.
SEC. 2. REQUIREMENTS FOR FEDERAL ELECTION CONTINGENCY PLANS IN RESPONSE
TO NATURAL DISASTERS AND EMERGENCIES.
(a) In General.--
(1) Establishment.--Not later than 30 days after the date
of the enactment of this Act, each State and each jurisdiction
in a State which is responsible for administering elections for
Federal office shall establish and make publicly available a
contingency plan to enable individuals to vote in elections for
Federal office during a state of emergency, public health
emergency, or national emergency which has been declared for
reasons including--
(A) a natural disaster; or
(B) an infectious disease.
(2) Updating.--Each State and jurisdiction shall update the
contingency plan established under this subsection not less
frequently than every 5 years.
(b) Requirements Relating to Safety.--The contingency plan
established under subsection (a) shall include initiatives to provide
equipment and resources needed to protect the health and safety of poll
workers and voters when voting in person.
(c) Requirements Relating to Recruitment of Poll Workers.--The
contingency plan established under subsection (a) shall include
initiatives by the chief State election official and local election
officials to recruit poll workers from resilient or unaffected
populations, which may include--
(1) employees of other State and local government offices;
and
(2) in the case in which an infectious disease poses
significant increased health risks to elderly individuals,
students of secondary schools and institutions of higher
education in the State.
(d) Enforcement.--
(1) Attorney general.--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.
(2) Private right of action.--
(A) In general.--In the case of a violation of this
section, any person who is aggrieved by such violation
may provide written notice of the violation to the
chief election official of the State involved.
(B) Relief.--If the violation is not corrected
within 20 days after receipt of a notice under
subparagraph (A), 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.
(C) Special rule.--If the violation occurred within
5 days before the date of an election for Federal
office, the aggrieved person need not provide notice to
the chief election official of the State involved under
subparagraph (A) before bringing a civil action under
subparagraph (B).
(e) Definitions.--
(1) Election for federal office.--For purposes of this
section, the term ``election for Federal office'' means a
general, special, primary, or runoff election for the office of
President or Vice President, or of Senator or Representative
in, or Delegate or Resident Commissioner to, the Congress.
(2) 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) Effective Date.--This section shall apply with respect to the
regularly scheduled general election for Federal office held in
November 2020 and each succeeding election for Federal office.
SEC. 3. EARLY VOTING AND VOTING BY MAIL.
(a) Requirements.--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. EARLY VOTING.
``(a) Requiring Allowing Voting Prior to Date of Election.--
``(1) In general.--Each State shall allow individuals to
vote in an election for Federal office during an early voting
period which occurs prior to the date of the election, in the
same manner as voting is allowed on such date.
``(2) Length of period.--The early voting period required
under this subsection with respect to an election shall consist
of a period of consecutive days (including weekends) which
begins on the 15th day before the date of the election (or, at
the option of the State, on a day prior to the 15th day before
the date of the election) and ends on the date of the election.
``(b) Minimum Early Voting Requirements.--Each polling place which
allows voting during an early voting period under subsection (a)
shall--
``(1) allow such voting for no less than 10 hours on each
day;
``(2) have uniform hours each day for which such voting
occurs; and
``(3) allow such voting to be held for some period of time
prior to 9:00 a.m (local time) and some period of time after
5:00 p.m. (local time).
``(c) Location of Polling Places.--
``(1) Proximity to public transportation.--To the greatest
extent practicable, a State shall ensure that each polling
place which allows voting during an early voting period under
subsection (a) is located within walking distance of a stop on
a public transportation route.
``(2) Availability in rural areas.--The State shall ensure
that polling places which allow voting during an early voting
period under subsection (a) will be located in rural areas of
the State, and shall ensure that such polling places are
located in communities which will provide the greatest
opportunity for residents of rural areas to vote during the
early voting period.
``(d) Standards.--
``(1) In general.--The Commission shall issue standards for
the administration of voting prior to the day scheduled for a
Federal election. Such standards shall include the
nondiscriminatory geographic placement of polling places at
which such voting occurs.
``(2) Deviation.--The standards described in paragraph (1)
shall permit States, upon providing adequate public notice, to
deviate from any requirement in the case of unforeseen
circumstances such as a natural disaster, terrorist attack, or
a change in voter turnout.
``(e) Ballot Processing and Scanning Requirements.--
``(1) In general.--The State shall begin processing and
scanning ballots cast during early voting for tabulation at
least 14 days prior to the date of the election involved.
``(2) Limitation.--Nothing in this subsection shall be
construed to permit a State to tabulate ballots in an election
before the closing of the polls on the date of the election.
``(f) Effective Date.--This section shall apply with respect to the
regularly scheduled general election for Federal office held in
November 2020 and each succeeding election for Federal office.
``SEC. 322. PROMOTING ABILITY OF VOTERS TO VOTE BY MAIL.
``(a) Uniform Availability of Absentee Voting to All Voters.--
``(1) In general.--If an individual in a 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 absentee ballot by mail.
``(2) Administration of voting by mail.--
``(A) Prohibiting identification requirement as
condition of obtaining ballot.--A State may not require
an individual to provide any form of identification as
a condition of obtaining an absentee ballot, except
that nothing in this paragraph may be construed to
prevent a State from requiring a signature of the
individual or similar affirmation as a condition of
obtaining an absentee ballot.
``(B) Prohibiting requirement to provide
notarization or witness signature as condition of
obtaining or casting ballot.--A State may not require
notarization or witness signature or other formal
authentication (other than voter attestation) as a
condition of obtaining or casting an absentee ballot.
``(C) Deadline for returning ballot.--A State may
impose a deadline for requesting the absentee ballot
and related voting materials from the appropriate State
or local election official and for returning the ballot
to the appropriate State or local election official.
``(3) Application for all future elections.--At the option
of an individual, a State shall treat the individual's
application to vote by absentee ballot by mail in an election
for Federal office as an application to vote by absentee ballot
by mail in all subsequent Federal elections held in the State.
``(b) Due Process Requirements for States Requiring Signature
Verification.--
``(1) Requirement.--
``(A) In general.--A State may not impose a
signature verification requirement as a condition of
accepting and counting an absentee ballot submitted by
any individual with respect to an election for Federal
office unless the State meets the due process
requirements described in paragraph (2).
``(B) Signature verification requirement
described.--In this subsection, a `signature
verification requirement' is a requirement that an
election official verify the identification of an
individual by comparing the individual's signature on
the absentee ballot with the individual's signature on
the official list of registered voters in the State or
another official record or other document used by the
State to verify the signatures of voters.
``(2) Due process requirements.--
``(A) Notice and opportunity to cure discrepancy.--
If an individual submits an absentee ballot 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
other official record or document used by the State to
verify the signatures of voters, such election
official, prior to making a final determination as to
the validity of such ballot, shall--
``(i) make a good faith effort to
immediately notify the individual by mail,
telephone, and (if available) electronic mail
that--
``(I) a discrepancy exists between
the signature on such ballot and the
signature of the individual on the
official list of registered voters in
the State; and
``(II) if such discrepancy is not
cured prior to the expiration of the
10-day period which begins on the date
the official notifies the individual of
the discrepancy, such ballot will not
be counted; and
``(ii) cure such discrepancy and count the
ballot if, prior to the expiration of the 10-
day period described in clause (i)(II), the
individual provides the official with
information to cure such discrepancy, either in
person, by telephone, or by electronic methods.
``(B) Notice and opportunity to provide missing
signature.--If an individual submits an absentee ballot
without a signature, the appropriate State or local
election official, prior to making a final
determination as to the validity of the ballot, shall--
``(i) make a good faith effort to
immediately notify the individual by mail,
telephone, and (if available) electronic mail
that--
``(I) the ballot did not include a
signature; and
``(II) if the individual does not
provide the missing signature prior to
the expiration of the 10-day period
which begins on the date the official
notifies the individual that the ballot
did not include a signature, such
ballot will not be counted; and
``(ii) count the ballot if, prior to the
expiration of the 10-day period described in
clause (i)(II), the individual provides the
official with the missing signature on a form
proscribed by the State.
``(C) 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
other official record or other document used by the
State to verify the signatures of voters unless--
``(i) at least 2 election officials make
the determination; and
``(ii) each official who makes the
determination has received training in
procedures used to verify signatures.
``(3) Report.--
``(A) In general.--Not later than 120 days after
the end of a Federal election cycle, each chief State
election official shall submit to Congress a report
containing the following information for the applicable
Federal election cycle in the State:
``(i) The number of ballots invalidated due
to a discrepancy under this subsection.
``(ii) Description of attempts to contact
voters to provide notice as required by this
subsection.
``(iii) Description of the cure process
developed by such State pursuant to this
subsection, including the number of ballots
determined valid as a result of such process.
``(B) Federal election cycle defined.--For purposes
of this subsection, the term `Federal election cycle'
means the period beginning on January 1 of any odd
numbered year and ending on December 31 of the
following year.
``(c) Methods and Timing for Transmission of Ballots and Balloting
Materials to Voters.--
``(1) Method for requesting ballot.--In addition to such
other methods as the State may establish for an individual to
request an absentee ballot, the State shall permit an
individual to submit a request for an absentee ballot online.
The State shall be considered to meet the requirements of this
paragraph if the website of the appropriate State or local
election official allows an absentee ballot request application
to be completed and submitted online and if the website permits
the individual--
``(A) to print the application so that the
individual may complete the application and return it
to the official; or
``(B) request that a paper copy of the application
be transmitted to the individual by mail or electronic
mail so that the individual may complete the
application and return it to the official.
``(2) Ensuring delivery prior to election.--If an
individual requests to vote by absentee ballot in an election
for Federal office, the appropriate State or local election
official shall ensure that the ballot and relating voting
materials are received by the individual prior to the date of
the election so long as the individual's request is received by
the official not later than 5 days (excluding Saturdays,
Sundays, and legal public holidays) before the date of the
election, except that nothing in this paragraph shall preclude
a State or local jurisdiction from allowing for the acceptance
and processing of ballot requests submitted or received after
such required period.
``(3) Special rules in case of emergency periods.--
``(A) Automatic mailing of absentee ballots to all
voters.--If the area in which an election is held is in
an area in which an emergency or disaster which is
described in subparagraph (A) or (B) of section
1135(g)(1) of the Social Security Act (42 U.S.C. 1320b-
5(g)(1)) is declared during the period described in
subparagraph (C)--
``(i) paragraphs (1) and (2) shall not
apply with respect to the election; and
``(ii) not later than 2 weeks before the
date of the election, the appropriate State or
local election official shall transmit by mail
absentee ballots and balloting materials for
the election to all individuals who are
registered to vote in such election or, in the
case of any State that does not register
voters, all individuals who are in the State's
central voter file (or if the State does not
keep a central voter file, to all individuals
who are eligible to vote in such election).
``(B) Affirmation.--If an individual receives an
absentee ballot from a State or local election official
pursuant to subparagraph (A) and returns the voted
ballot to the official, the ballot shall not be counted
in the election unless the individual includes with the
ballot a signed affirmation that--
``(i) the individual has not and will not
cast another ballot with respect to the
election; and
``(ii) acknowledges that a material
misstatement of fact in completing the ballot
may constitute grounds for conviction of
perjury.
``(C) Period described.--The period described in
this subparagraph with respect to an election is the
period which begins 120 days before the date of the
election and ends 30 days before the date of the
election.
``(D) Application to november 2020 general
election.--Because of the public health emergency
declared pursuant to section 319 of the Public Health
Service Act (42 U.S.C. 247d) resulting from the COVID-
19 pandemic, the special rules set forth in this
paragraph shall apply with respect to the regularly
scheduled general election for Federal office held in
November 2020 in each State.
``(d) Accessibility for Individuals With Disabilities.--The State
shall ensure that all absentee ballots and related voting materials in
elections for Federal office 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) Uniform Deadline for Acceptance of Mailed Ballots.--A State
may not refuse to accept or process a ballot submitted by an individual
by mail with respect to an election for Federal office in the State on
the grounds that the individual did not meet a deadline for returning
the ballot to the appropriate State or local election official if--
``(1) the ballot is postmarked, signed, or otherwise
indicated by the United States Postal Service to have been
mailed on or before the date of the election; and
``(2) the ballot is received by the appropriate election
official prior to the expiration of the 10-day period which
begins on the date of the election.
``(f) Alternative Methods of Returning Ballots.--
``(1) In general.--In addition to permitting an individual
to whom a ballot in an election was provided under this section
to return the ballot to an election official by mail, the State
shall permit the individual to cast the ballot by delivering
the ballot at such times and to such locations as the State may
establish, including--
``(A) permitting the individual to deliver the
ballot to a polling place on any date on which voting
in the election is held at the polling place; and
``(B) permitting the individual to deliver the
ballot to a designated ballot drop-off location.
``(2) Permitting voters to designate other person to return
ballot.--The State--
``(A) shall permit a voter to designate any person
to return a voted and sealed absentee ballot to the
post office, a ballot drop-off location, tribally
designated building, or election office so long as the
person designated to return the ballot does not receive
any form of compensation based on the number of ballots
that the person has returned and no individual, group,
or organization provides compensation on this basis;
and
``(B) may not put any limit on how many voted and
sealed absentee ballots any designated person can
return to the post office, a ballot drop off location,
tribally designated building, or election office.
``(g) Ballot Processing and Scanning Requirements.--
``(1) In general.--The State shall begin processing and
scanning ballots cast by mail for tabulation at least 14 days
prior to the date of the election involved.
``(2) Limitation.--Nothing in this subsection shall be
construed to permit a State to tabulate ballots in an election
before the closing of the polls on the date of the election.
``(h) Rule of Construction.--Nothing in this section shall be
construed to affect the authority of States to conduct elections for
Federal office through the use of polling places at which individuals
cast ballots.
``(i) No Effect on Ballots Submitted by Absent Military and
Overseas Voters.--Nothing in this section may be construed to affect
the treatment of any ballot submitted by an individual who is entitled
to vote by absentee ballot under the Uniformed and Overseas Citizens
Absentee Voting Act (52 U.S.C. 20301 et seq.).
``(j) Effective Date.--This section shall apply with respect to the
regularly scheduled general election for Federal office held in
November 2020 and each succeeding election for Federal office.
``SEC. 323. ABSENTEE BALLOT TRACKING PROGRAM.
``(a) Requirement.--Each State shall carry out a program to track
and confirm the receipt of absentee ballots in an election for Federal
office under which the State or local election official responsible for
the receipt of voted absentee ballots in the election carries out
procedures to track and confirm the receipt of such ballots, and makes
information on the receipt of such ballots available to the individual
who cast the ballot, by means of online access using the Internet site
of the official's office.
``(b) Information on Whether Vote Was Counted.--The information
referred to under subsection (a) with respect to the receipt of an
absentee ballot shall include information regarding whether the vote
cast on the ballot was counted, and, in the case of a vote which was
not counted, the reasons therefor.
``(c) Use of Toll-Free Telephone Number by Officials Without
Internet Site.--A program established by a State or local election
official whose office does not have an Internet site may meet the
requirements of subsection (a) if the official has established a toll-
free telephone number that may be used by an individual who cast an
absentee ballot to obtain the information on the receipt of the voted
absentee ballot as provided under such subsection.
``(d) Effective Date.--This section shall apply with respect to the
regularly scheduled general election for Federal office held in
November 2020 and each succeeding election for Federal office.
``SEC. 324. RULES FOR COUNTING PROVISIONAL BALLOTS.
``(a) Statewide Counting of Provisional Ballots.--
``(1) In general.--For purposes of section 302(a)(4),
notwithstanding the precinct or polling place at which a
provisional ballot is cast within the State, the appropriate
election official shall count each vote on such ballot for each
election in which the individual who cast such ballot is
eligible to vote.
``(2) Effective date.--This subsection shall apply with
respect to the regularly scheduled general election for Federal
office held in November 2020 and each succeeding election for
Federal office.
``(b) Uniform and Nondiscriminatory Standards.--
``(1) In general.--Consistent with the requirements of
section 302, each State shall establish uniform and
nondiscriminatory standards for the issuance, handling, and
counting of provisional ballots.
``(2) Effective date.--This subsection shall apply with
respect to the regularly scheduled general election for Federal
office held in November 2020 and each succeeding election for
Federal office.
``SEC. 325. COVERAGE OF COMMONWEALTH OF NORTHERN MARIANA ISLANDS.
``In this subtitle, the term `State' includes the Commonwealth of
the Northern Mariana Islands.
``SEC. 326. MINIMUM REQUIREMENTS FOR EXPANDING ABILITY OF INDIVIDUALS
TO VOTE.
``The requirements of this subtitle are minimum requirements, and
nothing in this subtitle may be construed to prevent a State from
establishing standards which promote the ability of individuals to vote
in elections for Federal office, so long as such standards are not
inconsistent with the requirements of this subtitle or other Federal
laws.''.
(b) Conforming Amendment Relating to Issuance of Voluntary Guidance
by Election Assistance Commission.--Section 311(b) of such Act (52
U.S.C. 21101(b)) is amended--
(1) by striking ``and'' at the end of paragraph (2);
(2) by striking the period at the end of paragraph (3) and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(4) in the case of the recommendations with respect to
subtitle C, June 30, 2020.''.
(c) Enforcement.--
(1) Coverage under existing enforcement provisions.--
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''.
(2) Availability of private right of action.--Title IV of
such (52 U.S.C. 21111 et seq.) is amended by adding at the end
the following new section:
``SEC. 403. PRIVATE RIGHT OF ACTION FOR VIOLATIONS OF CERTAIN
REQUIREMENTS.
``(a) In General.--In the case of a violation of subtitle C of
title III, 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.
``(b) Relief.--If the violation is not corrected within 20 days
after receipt of a notice under subsection (a), 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.
``(c) Special Rule.--If the violation occurred within 5 days before
the date of an election for Federal office, the aggrieved person need
not provide notice to the chief election official of the State involved
under subsection (a) before bringing a civil action under subsection
(b).''.
(d) Clerical Amendment.--The table of contents of such Act is
amended--
(1) by adding at the end of the items relating to title III
the following:
``Subtitle C--Other Requirements
``Sec. 321. Early voting.
``Sec. 322. Promoting ability of voters to vote by mail.
``Sec. 323. Absentee ballot tracking program.
``Sec. 324. Rules for counting provisional ballots.
``Sec. 325. Coverage of Commonwealth of Northern Mariana Islands.
``Sec. 326. Minimum requirements for expanding ability of individuals
to vote.'';
and
(2) by adding at the end of the items relating to title IV
the following new item:
``Sec. 403. Private right of action for violations of certain
requirements.''.
SEC. 4. PERMITTING USE OF SWORN WRITTEN STATEMENT TO MEET
IDENTIFICATION REQUIREMENTS FOR VOTING.
(a) Permitting Use of Statement.--Subtitle C of title III of the
Help America Vote Act of 2002, as added by section 3(a), is amended--
(1) by redesignating sections 325 and 326 as sections 326
and 327; and
(2) by inserting after section 324 the following new
section:
``SEC. 325. PERMITTING USE OF SWORN WRITTEN STATEMENT TO MEET
IDENTIFICATION REQUIREMENTS.
``(a) Use of Statement.--
``(1) In general.--Except as provided in subsection (c), if
a State has in effect a requirement that an individual present
identification as a condition of casting a ballot in an
election for Federal office, the State shall permit the
individual to meet the requirement--
``(A) in the case of an individual who desires to
vote in person, by presenting the appropriate State or
local election official with a sworn written statement,
signed by the individual under penalty of perjury,
attesting to the individual's identity and attesting
that the individual is eligible to vote in the
election; or
``(B) in the case of an individual who desires to
vote by mail, by submitting with the ballot the
statement described in subparagraph (A).
``(2) Development of pre-printed version of statement by
commission.--The Commission shall develop a pre-printed version
of the statement described in paragraph (1)(A) which includes a
blank space for an individual to provide a name and signature
for use by election officials in States which are subject to
paragraph (1).
``(3) Providing pre-printed copy of statement.--A State
which is subject to paragraph (1) shall--
``(A) make copies of the pre-printed version of the
statement described in paragraph (1)(A) which is
prepared by the Commission available at polling places
for election officials to distribute to individuals who
desire to vote in person; and
``(B) include a copy of such pre-printed version of
the statement with each blank absentee or other ballot
transmitted to an individual who desires to vote by
mail.
``(b) Requiring Use of Ballot in Same Manner as Individuals
Presenting Identification.--An individual who presents or submits a
sworn written statement in accordance with subsection (a)(1) shall be
permitted to cast a ballot in the election in the same manner as an
individual who presents identification.
``(c) Exception for First-Time Voters Registering by Mail.--
Subsections (a) and (b) do not apply with respect to any individual
described in paragraph (1) of section 303(b) who is required to meet
the requirements of paragraph (2) of such section.''.
(b) Requiring States To Include Information on Use of Sworn Written
Statement in Voting Information Material Posted at Polling Places.--
Section 302(b)(2) of such Act (52 U.S.C. 21082(b)(2)), is amended--
(1) by striking ``and'' at the end of subparagraph (E);
(2) by striking the period at the end of subparagraph (F)
and inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(G) in the case of a State that has in effect a
requirement that an individual present identification
as a condition of casting a ballot in an election for
Federal office, information on how an individual may
meet such requirement by presenting a sworn written
statement in accordance with section 303A.''.
(c) Clerical Amendment.--The table of contents of such Act, as
amended by section 3, is amended--
(1) by redesignating the items relating to sections 325 and
326 as relating to sections 326 and 327; and
(2) by inserting after the item relating to section 324 the
following new item:
``Sec. 325. Permitting use of sworn written statement to meet
identification requirements.''.
(d) Effective Date.--The amendments made by this section shall
apply with respect to elections occurring on or after the date of the
enactment of this Act.
SEC. 5. VOTING MATERIALS POSTAGE.
(a) Prepayment of Postage on Return Envelopes.--
(1) In general.--Subtitle C of title III of the Help
America Vote Act of 2002, as added by section 3(a) and as
amended by section 4(a), is further amended--
(A) by redesignating sections 326 and 327 as
sections 327 and 328; and
(B) by inserting after section 325 the following
new section:
``SEC. 326. PREPAYMENT OF POSTAGE ON RETURN ENVELOPES FOR VOTING
MATERIALS.
``(a) Provision of Return Envelopes.--The appropriate State or
local election official shall provide a self-sealing return envelope
with--
``(1) any voter registration application form transmitted
to a registrant by mail;
``(2) any application for an absentee ballot transmitted to
an applicant by mail; and
``(3) any blank absentee ballot transmitted to a voter by
mail.
``(b) 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 subsection (a).
``(c) No Effect on Ballots or Balloting Materials Transmitted to
Absent Military and Overseas Voters.--Nothing in this section may be
construed to affect the treatment of any ballot or balloting materials
transmitted to an individual who is entitled to vote by absentee ballot
under the Uniformed and Overseas Citizens Absentee Voting Act (52
U.S.C. 20301 et seq.).''.
(2) Clerical amendment.--The table of contents of such Act,
as amended by section 4(c), is amended--
(A) by redesignating the items relating to sections
326 and 327 as relating to sections 327 and 328; and
(B) by inserting after the item relating to section
325 the following new item:
``Sec. 326. Prepayment of postage on return envelopes for voting
materials.''.
(b) Role of United States Postal Service.--
(1) In general.--Chapter 34 of title 39, United States
Code, is amended by adding after section 3406 the following:
``Sec. 3407. Voting materials
``(a) Any voter registration application, absentee ballot
application, or absentee ballot with respect to any election for
Federal office shall be carried expeditiously, with postage on the
return envelope prepaid by the State or unit of local government
responsible for the administration of the election.
``(b) As used in this section--
``(1) the term `absentee ballot' means any ballot
transmitted by a voter by mail in an election for Federal
office, but does not include any ballot covered by section
3406; and
``(2) the term `election for Federal office' means a
general, special, primary, or runoff election for the office of
President or Vice President, or of Senator or Representative
in, or Delegate or Resident Commissioner to, the Congress.
``(c) Nothing in this section may be construed to affect the
treatment of any ballot or balloting materials transmitted to an
individual who is entitled to vote by absentee ballot under the
Uniformed and Overseas Citizens Absentee Voting Act (52 U.S.C. 20301 et
seq.).''.
(2) Clerical amendment.--The table of sections for chapter
34 of such title is amended by inserting after the item
relating to section 3406 the following:
``3407. Voting materials.''.
SEC. 6. REQUIRING TRANSMISSION OF BLANK ABSENTEE BALLOTS UNDER UOCAVA
TO CERTAIN VOTERS.
(a) In General.--The Uniformed and Overseas Citizens Absentee
Voting Act (52 U.S.C. 20301 et seq.) is amended by inserting after
section 103B the following new section:
``SEC. 103C. TRANSMISSION OF BLANK ABSENTEE BALLOTS TO CERTAIN OTHER
VOTERS.
``(a) In General.--
``(1) State responsibilities.--Subject to the provisions of
this section, each State shall transmit blank absentee ballots
electronically to qualified individuals who request such
ballots in the same manner and under the same terms and
conditions under which the State transmits such ballots
electronically to absent uniformed services voters and overseas
voters under the provisions of section 102(f), except that no
such marked ballots shall be returned electronically.
``(2) Requirements.--Any blank absentee ballot transmitted
to a qualified individual under this section--
``(A) must comply with the language requirements
under section 203 of the Voting Rights Act of 1965 (52
U.S.C. 10503); and
``(B) must comply with the disability requirements
under section 508 of the Rehabilitation Act of 1973 (29
U.S.C. 794d).
``(3) Affirmation.--The State may not transmit a ballot to
a qualified individual under this section unless the individual
provides the State with a signed affirmation in electronic form
that--
``(A) the individual is a qualified individual (as
defined in subsection (b));
``(B) the individual has not and will not cast
another ballot with respect to the election; and
``(C) acknowledges that a material misstatement of
fact in completing the ballot may constitute grounds
for conviction of perjury.
``(4) Clarification regarding free postage.--An absentee
ballot obtained by a qualified individual under this section
shall be considered balloting materials as defined in section
107 for purposes of section 3406 of title 39, United States
Code.
``(5) Prohibiting refusal to accept ballot for failure to
meet certain requirements.--A State shall not refuse to accept
and process any otherwise valid blank absentee ballot which was
transmitted to a qualified individual under this section and
used by the individual to vote in the election solely on the
basis of the following:
``(A) Notarization or witness signature
requirements.
``(B) Restrictions on paper type, including weight
and size.
``(C) Restrictions on envelope type, including
weight and size.
``(b) Qualified Individual.--
``(1) In general.--In this section, except as provided in
paragraph (2), the term `qualified individual' means any
individual who is otherwise qualified to vote in an election
for Federal office and who meets any of the following
requirements:
``(A) The individual--
``(i) has previously requested an absentee
ballot from the State or jurisdiction in which
such individual is registered to vote; and
``(ii) has not received such absentee
ballot at least 2 days before the date of the
election.
``(B) The individual--
``(i) resides in an area of a State with
respect to which an emergency or public health
emergency has been declared by the chief
executive of the State or of the area involved
within 5 days of the date of the election under
the laws of the State due to reasons including
a natural disaster, including severe weather,
or an infectious disease; and
``(ii) has not previously requested an
absentee ballot.
``(C) The individual expects to be absent from such
individual's jurisdiction on the date of the election
due to professional or volunteer service in response to
a natural disaster or emergency as described in
subparagraph (B).
``(D) The individual is hospitalized or expects to
be hospitalized on the date of the election.
``(E) The individual is an individual with a
disability (as defined in section 3 of the Americans
with Disabilities Act of 1990 (42 U.S.C. 12102)) and
resides in a State which does not offer voters the
ability to use secure and accessible remote ballot
marking. For purposes of this subparagraph, a State
shall permit an individual to self-certify that the
individual is an individual with a disability.
``(2) Exclusion of absent uniformed services and overseas
voters.--The term `qualified individual' shall not include an
absent uniformed services voter or an overseas voter.
``(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) Effective Date.--This section shall apply with respect to the
regularly scheduled general election for Federal office held in
November 2020 and each succeeding election for Federal office.''.
(b) Conforming Amendment.--Section 102(a) of such Act (52 U.S.C.
20302(a)) is amended--
(1) by striking ``and'' at the end of paragraph (10);
(2) by striking the period at the end of paragraph (11) and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(12) meet the requirements of section 103C with respect
to the provision of blank absentee ballots for the use of
qualified individuals described in such section.''.
(c) Clerical Amendments.--The table of contents of such Act is
amended by inserting the following after section 103:
``Sec. 103A. Procedures for collection and delivery of marked absentee
ballots of absent overseas uniformed
services voters.
``Sec. 103B. Federal voting assistance program improvements.
``Sec. 103C. Transmission of blank absentee ballots to certain other
voters.''.
SEC. 7. VOTER REGISTRATION.
(a) Requiring Availability of Internet for Voter Registration.--
(1) Requiring availability of internet for registration.--
The National Voter Registration Act of 1993 (52 U.S.C. 20501 et
seq.) is amended by inserting after section 6 the following new
section:
``SEC. 6A. INTERNET REGISTRATION.
``(a) Requiring Availability of Internet for Online Registration.--
``(1) Availability of online registration and correction of
existing registration information.--Each State, acting through
the chief State election official, shall ensure that the
following services are available to the public at any time on
the official public websites of the appropriate State and local
election officials in the State, in the same manner and subject
to the same terms and conditions as the services provided by
voter registration agencies under section 7(a):
``(A) Online application for voter registration.
``(B) Online assistance to applicants in applying
to register to vote.
``(C) Online completion and submission by
applicants of the mail voter registration application
form prescribed by the Election Assistance Commission
pursuant to section 9(a)(2), including assistance with
providing a signature as required under subsection (c).
``(D) Online receipt of completed voter
registration applications.
``(b) Acceptance of Completed Applications.--A State shall accept
an online voter registration application provided by an individual
under this section, and ensure that the individual is registered to
vote in the State, if--
``(1) the individual meets the same voter registration
requirements applicable to individuals who register to vote by
mail in accordance with section 6(a)(1) using the mail voter
registration application form prescribed by the Election
Assistance Commission pursuant to section 9(a)(2); and
``(2) the individual meets the requirements of subsection
(c) to provide a signature in electronic form (but only in the
case of applications submitted during or after the second year
in which this section is in effect in the State).
``(c) Signature Requirements.--
``(1) In general.--For purposes of this section, an
individual meets the requirements of this subsection as
follows:
``(A) In the case of an individual who has a
signature on file with a State agency, including the
State motor vehicle authority, that is required to
provide voter registration services under this Act or
any other law, the individual consents to the transfer
of that electronic signature.
``(B) If subparagraph (A) does not apply, the
individual submits with the application an electronic
copy of the individual's handwritten signature through
electronic means.
``(C) If subparagraph (A) and subparagraph (B) do
not apply, the individual executes a computerized mark
in the signature field on an online voter registration
application, in accordance with reasonable security
measures established by the State, but only if the
State accepts such mark from the individual.
``(2) Treatment of individuals unable to meet
requirement.--If an individual is unable to meet the
requirements of paragraph (1), the State shall--
``(A) permit the individual to complete all other
elements of the online voter registration application;
``(B) permit the individual to provide a signature
at the time the individual requests a ballot in an
election (whether the individual requests the ballot at
a polling place or requests the ballot by mail); and
``(C) if the individual carries out the steps
described in subparagraph (A) and subparagraph (B),
ensure that the individual is registered to vote in the
State.
``(3) Notice.--The State shall ensure that individuals
applying to register to vote online are notified of the
requirements of paragraph (1) and of the treatment of
individuals unable to meet such requirements, as described in
paragraph (2).
``(d) Confirmation and Disposition.--
``(1) Confirmation of receipt.--Upon the online submission
of a completed voter registration application by an individual
under this section, the appropriate State or local election
official shall send the individual a notice confirming the
State's receipt of the application and providing instructions
on how the individual may check the status of the application.
``(2) Notice of disposition.--Not later than 7 days after
the appropriate State or local election official has approved
or rejected an application submitted by an individual under
this section, the official shall send the individual a notice
of the disposition of the application.
``(3) Method of notification.--The appropriate State or
local election official shall send the notices required under
this subsection by regular mail and--
``(A) in the case of an individual who has provided
the official with an electronic mail address, by
electronic mail; and
``(B) at the option of an individual, by text
message.
``(e) Provision of Services in Nonpartisan Manner.--The services
made available under subsection (a) shall be provided in a manner that
ensures that, consistent with section 7(a)(5)--
``(1) the online application does not seek to influence an
applicant's political preference or party registration; and
``(2) there is no display on the website promoting any
political preference or party allegiance, except that nothing
in this paragraph may be construed to prohibit an applicant
from registering to vote as a member of a political party.
``(f) Protection of Security of Information.--In meeting the
requirements of this section, the State shall establish appropriate
technological security measures to prevent to the greatest extent
practicable any unauthorized access to information provided by
individuals using the services made available under subsection (a).
``(g) Accessibility of Services.--A State shall ensure that the
services made available under this section are made available to
individuals with disabilities to the same extent as services are made
available to all other individuals.
``(h) Use of Additional Telephone-Based System.--A State shall make
the services made available online under subsection (a) available
through the use of an automated telephone-based system, subject to the
same terms and conditions applicable under this section to the services
made available online, in addition to making the services available
online in accordance with the requirements of this section.
``(i) Nondiscrimination Among Registered Voters Using Mail and
Online Registration.--In carrying out this Act, the Help America Vote
Act of 2002, or any other Federal, State, or local law governing the
treatment of registered voters in the State or the administration of
elections for public office in the State, a State shall treat a
registered voter who registered to vote online in accordance with this
section in the same manner as the State treats a registered voter who
registered to vote by mail.''.
(2) Special requirements for individuals using online
registration.--
(A) Treatment as individuals registering to vote by
mail for purposes of first-time voter identification
requirements.--Section 303(b)(1)(A) of the Help America
Vote Act of 2002 (52 U.S.C. 21083(b)(1)(A)) is amended
by striking ``by mail'' and inserting ``by mail or
online under section 6A of the National Voter
Registration Act of 1993''.
(B) Requiring signature for first-time voters in
jurisdiction.--Section 303(b) of such Act (52 U.S.C.
21083(b)) is amended--
(i) by redesignating paragraph (5) as
paragraph (6); and
(ii) by inserting after paragraph (4) the
following new paragraph:
``(5) Signature requirements for first-time voters using
online registration.--
``(A) In general.--A State shall, in a uniform and
nondiscriminatory manner, require an individual to meet
the requirements of subparagraph (B) if--
``(i) the individual registered to vote in
the State online under section 6A of the
National Voter Registration Act of 1993; and
``(ii) the individual has not previously
voted in an election for Federal office in the
State.
``(B) Requirements.--An individual meets the
requirements of this subparagraph if--
``(i) in the case of an individual who
votes in person, the individual provides the
appropriate State or local election official
with a handwritten signature; or
``(ii) in the case of an individual who
votes by mail, the individual submits with the
ballot a handwritten signature.
``(C) Inapplicability.--Subparagraph (A) does not
apply in the case of an individual who is--
``(i) entitled to vote by absentee ballot
under the Uniformed and Overseas Citizens
Absentee Voting Act (52 U.S.C. 20302 et seq.);
``(ii) provided the right to vote otherwise
than in person under section 3(b)(2)(B)(ii) of
the Voting Accessibility for the Elderly and
Handicapped Act (52 U.S.C. 20102(b)(2)(B)(ii));
or
``(iii) entitled to vote otherwise than in
person under any other Federal law.''.
(C) Conforming amendment relating to effective
date.--Section 303(d)(2)(A) of such Act (52 U.S.C.
21083(d)(2)(A)) is amended by striking ``Each State''
and inserting ``Except as provided in subsection
(b)(5), each State''.
(3) Conforming amendments.--
(A) Timing of registration.--Section 8(a)(1) of the
National Voter Registration Act of 1993 (52 U.S.C.
20507(a)(1)) is amended--
(i) by striking ``and'' at the end of
subparagraph (C);
(ii) by redesignating subparagraph (D) as
subparagraph (E); and
(iii) by inserting after subparagraph (C)
the following new subparagraph:
``(D) in the case of online registration through
the official public website of an election official
under section 6A, if the valid voter registration
application is submitted online not later than the
lesser of 28 days, or the period provided by State law,
before the date of the election (as determined by
treating the date on which the application is sent
electronically as the date on which it is submitted);
and''.
(B) Informing applicants of eligibility
requirements and penalties.--Section 8(a)(5) of such
Act (52 U.S.C. 20507(a)(5)) is amended by striking
``and 7'' and inserting ``6A, and 7''.
(b) Use of Internet To Update Registration Information.--
(1) Updates to information contained on computerized
statewide voter registration list.--
(A) In general.--Section 303(a) of the Help America
Vote Act of 2002 (52 U.S.C. 21083(a)) is amended by
adding at the end the following new paragraph:
``(6) Use of internet by registered voters to update
information.--
``(A) In general.--The appropriate State or local
election official shall ensure that any registered
voter on the computerized list may at any time update
the voter's registration information, including the
voter's address and electronic mail address, online
through the official public website of the election
official responsible for the maintenance of the list,
so long as the voter attests to the contents of the
update by providing a signature in electronic form in
the same manner required under section 6A(c) of the
National Voter Registration Act of 1993.
``(B) Processing of updated information by election
officials.--If a registered voter updates registration
information under subparagraph (A), the appropriate
State or local election official shall--
``(i) revise any information on the
computerized list to reflect the update made by
the voter; and
``(ii) if the updated registration
information affects the voter's eligibility to
vote in an election for Federal office, ensure
that the information is processed with respect
to the election if the voter updates the
information not later than the lesser of 7
days, or the period provided by State law,
before the date of the election.
``(C) Confirmation and disposition.--
``(i) Confirmation of receipt.--Upon the
online submission of updated registration
information by an individual under this
paragraph, the appropriate State or local
election official shall send the individual a
notice confirming the State's receipt of the
updated information and providing instructions
on how the individual may check the status of
the update.
``(ii) Notice of disposition.--Not later
than 7 days after the appropriate State or
local election official has accepted or
rejected updated information submitted by an
individual under this paragraph, the official
shall send the individual a notice of the
disposition of the update.
``(iii) Method of notification.--The
appropriate State or local election official
shall send the notices required under this
subparagraph by regular mail and--
``(I) in the case of an individual
who has requested that the State
provide voter registration and voting
information through electronic mail, by
electronic mail; and
``(II) at the option of an
individual, by text message.''.
(B) Conforming amendment relating to effective
date.--Section 303(d)(1)(A) of such Act (52 U.S.C.
21083(d)(1)(A)) is amended by striking ``subparagraph
(B),'' and inserting ``subparagraph (B) and subsection
(a)(6),''.
(2) Ability of registrant to use online update to provide
information on residence.--Section 8(d)(2)(A) of the National
Voter Registration Act of 1993 (52 U.S.C. 20507(d)(2)(A)) is
amended--
(A) in the first sentence, by inserting after
``return the card'' the following: ``or update the
registrant's information on the computerized Statewide
voter registration list using the online method
provided under section 303(a)(6) of the Help America
Vote Act of 2002''; and
(B) in the second sentence, by striking
``returned,'' and inserting the following: ``returned
or if the registrant does not update the registrant's
information on the computerized Statewide voter
registration list using such online method,''.
(c) Same Day Registration.--
(1) In general.--Subtitle C of title III of the Help
America Vote Act of 2002, as added by section 3(a) and as
amended by sections 4(a) and 5(a), is further amended--
(A) by redesignating sections 327 and 328 as
sections 328 and 329; and
(B) by inserting after section 326 the following
new section:
``SEC. 327. SAME DAY REGISTRATION.
``(a) In General.--
``(1) Registration.--Each State shall permit any eligible
individual on the day of a Federal election and on any day when
voting, including early voting, is permitted for a Federal
election--
``(A) to register to vote in such election at the
polling place using a form that meets the requirements
under section 9(b) of the National Voter Registration
Act of 1993 (or, if the individual is already
registered to vote, to revise any of the individual's
voter registration information); and
``(B) to cast a vote in such election.
``(2) Exception.--The requirements under paragraph (1)
shall not apply to a State in which, under a State law in
effect continuously on and after the date of the enactment of
this section, there is no voter registration requirement for
individuals in the State with respect to elections for Federal
office.
``(b) Eligible Individual.--For purposes of this section, the term
`eligible individual' means, with respect to any election for Federal
office, an individual who is otherwise qualified to vote in that
election.
``(c) Effective Date.--Each State shall be required to comply with
the requirements of subsection (a) for the regularly scheduled general
election for Federal office occurring in November 2020 and for any
subsequent election for Federal office.''.
(2) Clerical amendment.--The table of contents of such Act,
as added by section 3 and as amended by sections 4 and 5, is
further amended--
(A) by redesignating the items relating to sections
327 and 328 as relating to sections 328 and 329; and
(B) by inserting after the item relating to section
326 the following new item:
``Sec. 327. Same day registration.''.
(d) Prohibiting State From Requiring Applicants To Provide More
Than Last 4 Digits of Social Security Number.--
(1) Form included with application for motor vehicle
driver's license.--Section 5(c)(2)(B)(ii) of the National Voter
Registration Act of 1993 (52 U.S.C. 20504(c)(2)(B)(ii)) is
amended by striking the semicolon at the end and inserting the
following: ``, and to the extent that the application requires
the applicant to provide a Social Security number, may not
require the applicant to provide more than the last 4 digits of
such number;''.
(2) National mail voter registration form.--Section 9(b)(1)
of such Act (52 U.S.C. 20508(b)(1)) is amended by striking the
semicolon at the end and inserting the following: ``, and to
the extent that the form requires the applicant to provide a
Social Security number, the form may not require the applicant
to provide more than the last 4 digits of such number;''.
(3) Effective date.--The amendments made by this subsection
shall apply with respect to the regularly scheduled general
election for Federal office held in November 2020 and each
succeeding election for Federal office.
SEC. 8. ACCOMMODATIONS FOR VOTERS RESIDING IN INDIAN LANDS.
(a) Accommodations Described.--
(1) Designation of ballot pickup and collection
locations.--Given the widespread lack of residential mail
delivery in Indian Country, an Indian Tribe may designate
buildings as ballot pickup and collection locations with
respect to an election for Federal office at no cost to the
Indian Tribe. An Indian Tribe may designate one building per
precinct located within Indian lands. The applicable State or
political subdivision shall collect ballots from those
locations. The applicable State or political subdivision shall
provide the Indian Tribe with accurate precinct maps for all
precincts located within Indian lands 60 days before the
election.
(2) Provision of mail-in and absentee ballots.--The State
or political subdivision shall provide mail-in and absentee
ballots with respect to an election for Federal office to each
individual who is registered to vote in the election who
resides on Indian lands in the State or political subdivision
involved without requiring a residential address or a mail-in
or absentee ballot request.
(3) Use of designated building as residential and mailing
address.--The address of a designated building that is a ballot
pickup and collection location with respect to an election for
Federal office may serve as the residential address and mailing
address for voters living on Indian lands if the tribally
designated building is in the same precinct as that voter. If
there is no tribally designated building within a voter's
precinct, the voter may use another tribally designated
building within the Indian lands where the voter is located.
Voters using a tribally designated building outside of the
voter's precinct may use the tribally designated building as a
mailing address and may separately designate the voter's
appropriate precinct through a description of the voter's
address, as specified in section 9428.4(a)(2) of title 11, Code
of Federal Regulations.
(4) Language accessibility.--In the case of a State or
political subdivision that is a covered State or political
subdivision under section 203 of the Voting Rights Act of 1965
(52 U.S.C. 10503), that State or political subdivision shall
provide absentee or mail-in voting materials with respect to an
election for Federal office in the language of the applicable
minority group as well as in the English language, bilingual
election voting assistance, and written translations of all
voting materials in the language of the applicable minority
group, as required by section 203 of the Voting Rights Act of
1965 (52 U.S.C. 10503), as amended by subsection (b).
(5) Clarification.--Nothing in this section alters the
ability of an individual voter residing on Indian lands to
request a ballot in a manner available to all other voters in
the State.
(6) Definitions.--In this section:
(A) Election for federal office.--The term
``election for Federal office'' means a general,
special, primary or runoff election for the office of
President or Vice President, or of Senator or
Representative in, or Delegate or Resident Commissioner
to, the Congress.
(B) Indian.--The term ``Indian'' has the meaning
given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C.
5304).
(C) Indian lands.--The term ``Indian lands''
includes--
(i) any Indian country of an Indian Tribe,
as defined under section 1151 of title 18,
United States Code;
(ii) any land in Alaska owned, pursuant to
the Alaska Native Claims Settlement Act (43
U.S.C. 1601 et seq.), by an Indian Tribe that
is a Native village (as defined in section 3 of
that Act (43 U.S.C. 1602)) or by a Village
Corporation that is associated with an Indian
Tribe (as defined in section 3 of that Act (43
U.S.C. 1602));
(iii) any land on which the seat of the
Tribal Government is located; and
(iv) any land that is part or all of a
Tribal designated statistical area associated
with an Indian Tribe, or is part or all of an
Alaska Native village statistical area
associated with an Indian Tribe, as defined by
the Census Bureau for the purposes of the most
recent decennial census.
(D) Indian tribe.--The term ``Indian Tribe'' has
the meaning given the term ``Indian tribe'' in section
4 of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 5304).
(E) Tribal government.--The term ``Tribal
Government'' means the recognized governing body of an
Indian Tribe.
(7) Enforcement.--
(A) Attorney general.--The Attorney General may
bring a civil action in an appropriate district court
for such declaratory or injunctive relief as is
necessary to carry out this subsection.
(B) Private right of action.--
(i) A person or Tribal Government who is
aggrieved by a violation of this subsection may
provide written notice of the violation to the
chief election official of the State involved.
(ii) An aggrieved person or Tribal
Government may bring a civil action in an
appropriate district court for declaratory or
injunctive relief with respect to a violation
of this subsection, if--
(I) that person or Tribal
Government provides the notice
described in clause (i); and
(II)(aa) in the case of a violation
that occurs more than 120 days before
the date of an election for Federal
office, the violation remains and 90
days or more have passed since the date
on which the chief election official of
the State receives the notice under
clause (i); or
(bb) in the case of a violation
that occurs 120 days or less before the
date of an election for Federal office,
the violation remains and 20 days or
more have passed since the date on
which the chief election official of
the State receives the notice under
clause (i).
(iii) In the case of a violation of this
section that occurs 30 days or less before the
date of an election for Federal office, an
aggrieved person or Tribal Government may bring
a civil action in an appropriate district court
for declaratory or injunctive relief with
respect to the violation without providing
notice to the chief election official of the
State under clause (i).
(b) Bilingual Election Requirements.--Section 203 of the Voting
Rights Act of 1965 (52 U.S.C. 10503) is amended--
(1) in subsection (b)(3)(C), by striking ``1990'' and
inserting ``2010''; and
(2) by striking subsection (c) and inserting the following:
``(c) Provision of Voting Materials in the Language of a Minority
Group.--
``(1) In general.--Whenever any State or political
subdivision subject to the prohibition of subsection (b) of
this section provides any registration or voting notices,
forms, instructions, assistance, or other materials or
information relating to the electoral process, including
ballots, it shall provide them in the language of the
applicable minority group as well as in the English language.
``(2) Exceptions.--
``(A) In general.--
``(i) In the case of a minority group that
is not American Indian or Alaska Native and the
language of that minority group is oral or
unwritten, the State or political subdivision
shall only be required to furnish, in the
covered language, oral instructions,
assistance, translation of voting materials, or
other information relating to registration and
voting.
``(ii) In the case of a minority group that
is American Indian or Alaska Native, the State
or political subdivision shall only be required
to furnish in the covered language oral
instructions, assistance, or other information
relating to registration and voting, including
all voting materials, if the Tribal Government
of that minority group has certified that the
language of the applicable American Indian or
Alaska Native language is presently unwritten
or the Tribal Government does not want written
translations in the minority language.
``(3) Written translations for election workers.--
Notwithstanding paragraph (2), the State or political division
may be required to provide written translations of voting
materials, with the consent of any applicable Indian Tribe, to
election workers to ensure that the translations from English
to the language of a minority group are complete, accurate, and
uniform.''.
(c) Effective Date.--This section and the amendments made by this
section shall apply with respect to the regularly scheduled general
election for Federal office held in November 2020 and each succeeding
election for Federal office.
SEC. 9. PAYMENTS BY ELECTION ASSISTANCE COMMISSION TO STATES TO ASSIST
WITH COSTS OF COMPLIANCE.
(a) Availability of Grants.--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 new part:
``PART 7--PAYMENTS TO ASSIST WITH COSTS OF COMPLIANCE WITH ACCESS ACT
``SEC. 297. PAYMENTS TO ASSIST WITH COSTS OF COMPLIANCE WITH ACCESS
ACT.
``(a) Availability and Use of Payments.--
``(1) In general.--The Commission shall make a payment to
each eligible State to assist the State with the costs of
complying with the American Coronavirus/COVID-19 Election
Safety and Security Act and the amendments made by such Act,
including the provisions of such Act and such amendments which
require States to pre-pay the postage on absentee ballots and
balloting materials.
``(2) Public education campaigns.--For purposes of this
part, the costs incurred by a State in carrying out a campaign
to educate the public about the requirements of the American
Coronavirus/COVID-19 Election Safety and Security Act and the
amendments made by such Act shall be included as the costs of
complying with such Act and such amendments.
``(b) Primary Elections.--
``(1) Payments to states.--In addition to any payments
under subsection (a), the Commission shall make a payment to
each eligible State to assist the State with the costs incurred
in voluntarily electing to comply with the American
Coronavirus/COVID-19 Election Safety and Security Act and the
amendments made by such Act with respect to primary elections
for Federal office held in the State in 2020.
``(2) State party-run primaries.--In addition to any
payments under paragraph (1), the Commission shall make
payments to each eligible political party of the State for
costs incurred by such parties to send absentee ballots and
return envelopes with prepaid postage to eligible voters
participating in such primaries during 2020.
``(c) Pass-Through of Funds to Local Jurisdictions.--
``(1) In general.--If a State receives a payment under this
part 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).
``(d) Schedule of Payments.--As soon as practicable after the date
of the enactment of this part and not less frequently than once each
calendar year thereafter, the Commission shall make payments under this
part.
``(e) Coverage of Commonwealth of Northern Mariana Islands.--In
this part, the term `State' includes the Commonwealth of the Northern
Mariana Islands.
``(f) Limitation.--No funds may be provided to a State under this
part for costs attributable to the electronic return of marked ballots
by any voter.
``SEC. 297A. AMOUNT OF PAYMENT.
``(a) In General.--Except as provided in section 297C, the amount
of a payment made to an eligible State for a year under this part shall
be determined by the Commission.
``(b) Continuing Availability of Funds After Appropriation.--A
payment made to an eligible State or eligible unit of local government
under this part shall be available without fiscal year limitation.
``SEC. 297B. REQUIREMENTS FOR ELIGIBILITY.
``(a) Application.--Except as provided in section 297C, each State
that desires to receive a payment under this part for a fiscal year,
and each political party of a State that desires to receive a payment
under section 297(b)(2), shall submit an application for the payment to
the Commission at such time and in such manner and containing such
information as the Commission shall require.
``(b) Contents of Application.--Each application submitted under
subsection (a) shall--
``(1) describe the activities for which assistance under
this part is sought; and
``(2) provide such additional information and
certifications as the Commission determines to be essential to
ensure compliance with the requirements of this part.
``SEC. 297C. SPECIAL RULES FOR PAYMENTS FOR ELECTIONS SUBJECT TO
EMERGENCY RULES.
``(a) Submission of Estimated Costs.--If the special rules in the
case of an emergency period under section 322(c)(3) apply to an
election, not later than the applicable deadline under subsection (c),
the State shall submit to the Commission a request for a payment under
this part, and shall include in the request the State's estimate of the
costs the State expects to incur in the administration of the election
which are attributable to the application of such special rules to the
election.
``(b) Payment.--Not later than 7 days after receiving a request
from the State under subsection (a), the Commission shall make a
payment to the State in an amount equal to the estimate provided by the
State in the request.
``(c) Applicable Deadline.--The applicable deadline under this
paragraph with respect to an election is--
``(1) with respect to the regularly scheduled general
election for Federal office held in November 2020, 15 days
after the date of the enactment of this part; and
``(2) with respect to any other election, 15 days after the
emergency or disaster described in section 322(c)(3) is
declared.
``SEC. 297D. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated for payments under this
part--
``(1) in the case of payments made under section 297C, such
sums as may be necessary for fiscal year 2020 and each
succeeding fiscal year; and
``(2) in the case of any other payments, such sums as may
be necessary for fiscal year 2020.
``SEC. 297E. REPORTS.
``(a) Reports by Recipients.--Not later than 6 months after the end
of each fiscal year for which an eligible State received a payment
under this part, the State shall submit a report to the Commission on
the activities conducted with the funds provided during the year.
``(b) Reports by Commission to Committees.--With respect to each
fiscal year for which the Commission makes payments under this part,
the Commission shall submit a report on the activities carried out
under this part to the Committee on House Administration of the House
of Representatives and the Committee on Rules and Administration of the
Senate.''.
(b) Clerical Amendment.--The table of contents of such Act is
amended by adding at the end of the items relating to subtitle D of
title II the following:
``Part 7--Payments To Assist With Costs of Compliance With Access Act
``Sec. 297. Payments to assist with costs of compliance with Access
Act.
``Sec. 297A. Amount of payment.
``Sec. 297B. Requirements for eligibility.
``Sec. 297C. Special rules for payments for elections subject to
emergency rules.
``Sec. 297D. Authorization of appropriations.
``Sec. 297E. Reports.''.
SEC. 10. GRANTS TO STATES FOR CONDUCTING RISK-LIMITING AUDITS OF
RESULTS OF ELECTIONS.
(a) Availability of Grants.--Subtitle D of title II of the Help
America Vote Act of 2002 (52 U.S.C. 21001 et seq.), as amended by
section 9(a), is further amended by adding at the end the following new
part:
``PART 8--GRANTS FOR CONDUCTING RISK-LIMITING AUDITS OF RESULTS OF
ELECTIONS
``SEC. 298. GRANTS FOR CONDUCTING RISK-LIMITING AUDITS OF RESULTS OF
ELECTIONS.
``(a) Availability of Grants.--The Commission shall make a grant to
each eligible State to conduct risk-limiting audits as described in
subsection (b) with respect to the regularly scheduled general
elections for Federal office held in November 2020 and each succeeding
election for Federal office.
``(b) Risk-Limiting Audits Described.--In this part, a `risk-
limiting audit' is a post-election process--
``(1) which is conducted in accordance with rules and
procedures established by the chief State election official of
the State which meet the requirements of subsection (c); and
``(2) under which, if the reported outcome of the election
is incorrect, there is at least a predetermined percentage
chance that the audit will replace the incorrect outcome with
the correct outcome as determined by a full, hand-to-eye
tabulation of all votes validly cast in that election that
ascertains voter intent manually and directly from voter-
verifiable paper records.
``(c) Requirements for Rules and Procedures.--The rules and
procedures established for conducting a risk-limiting audit shall
include the following elements:
``(1) Rules for ensuring the security of ballots and
documenting that prescribed procedures were followed.
``(2) Rules and procedures for ensuring the accuracy of
ballot manifests produced by election agencies.
``(3) Rules and procedures for governing the format of
ballot manifests, cast vote records, and other data involved in
the audit.
``(4) Methods to ensure that any cast vote records used in
the audit are those used by the voting system to tally the
election results sent to the chief State election official and
made public.
``(5) Procedures for the random selection of ballots to be
inspected manually during each audit.
``(6) Rules for the calculations and other methods to be
used in the audit and to determine whether and when the audit
of an election is complete.
``(7) Procedures and requirements for testing any software
used to conduct risk-limiting audits.
``(d) Definitions.--In this part, the following definitions apply:
``(1) The term `ballot manifest' means a record maintained
by each election agency that meets each of the following
requirements:
``(A) The record is created without reliance on any
part of the voting system used to tabulate votes.
``(B) The record functions as a sampling frame for
conducting a risk-limiting audit.
``(C) The record contains the following information
with respect to the ballots cast and counted in the
election:
``(i) The total number of ballots cast and
counted by the agency (including undervotes,
overvotes, and other invalid votes).
``(ii) The total number of ballots cast in
each election administered by the agency
(including undervotes, overvotes, and other
invalid votes).
``(iii) A precise description of the manner
in which the ballots are physically stored,
including the total number of physical groups
of ballots, the numbering system for each
group, a unique label for each group, and the
number of ballots in each such group.
``(2) The term `incorrect outcome' means an outcome that
differs from the outcome that would be determined by a full
tabulation of all votes validly cast in the election,
determining voter intent manually, directly from voter-
verifiable paper records.
``(3) The term `outcome' means the winner of an election,
whether a candidate or a position.
``(4) The term `reported outcome' means the outcome of an
election which is determined according to the canvass and which
will become the official, certified outcome unless it is
revised by an audit, recount, or other legal process.
``SEC. 298A. ELIGIBILITY OF STATES.
``A State is eligible to receive a grant under this part if the
State submits to the Commission, at such time and in such form as the
Commission may require, an application containing--
``(1) a certification that, not later than 5 years after
receiving the grant, the State will conduct risk-limiting
audits of the results of elections for Federal office held in
the State as described in section 298;
``(2) a certification that, not later than one year after
the date of the enactment of this section, the chief State
election official of the State has established or will
establish the rules and procedures for conducting the audits
which meet the requirements of section 298(c);
``(3) a certification that the audit shall be completed not
later than the date on which the State certifies the results of
the election;
``(4) a certification that, after completing the audit, the
State shall publish a report on the results of the audit,
together with such information as necessary to confirm that the
audit was conducted properly;
``(5) a certification that, if a risk-limiting audit
conducted under this part leads to a full manual tally of an
election, State law requires that the State or election agency
shall use the results of the full manual tally as the official
results of the election; and
``(6) such other information and assurances as the
Commission may require.
``SEC. 298B. AUTHORIZATION OF APPROPRIATIONS.
``There are authorized to be appropriated for grants under this
part $20,000,000 for fiscal year 2020, to remain available until
expended.''.
(b) Clerical Amendment.--The table of contents of such Act, as
amended by section 9(b), is further amended by adding at the end of the
items relating to subtitle D of title II the following:
``Part 8--Grants for Conducting Risk-Limiting Audits of Results of
Elections
``Sec. 298. Grants for conducting risk-limiting audits of
results of elections.
``Sec. 298A. Eligibility of States.
``Sec. 298B. Authorization of appropriations.
(c) GAO Analysis of Effects of Audits.--
(1) Analysis.--Not later than 6 months after the first
election for Federal office is held after grants are first
awarded to States for conducting risk-limiting audits under
part 8 of subtitle D of title II of the Help America Vote Act
of 2002 (as added by subsection (a)) for conducting risk-
limiting audits of elections for Federal office, the
Comptroller General of the United States shall conduct an
analysis of the extent to which such audits have improved the
administration of such elections and the security of election
infrastructure in the States receiving such grants.
(2) Report.--The Comptroller General of the United States
shall submit a report on the analysis conducted under
subsection (a) to the appropriate congressional committees.
SEC. 11. ADDITIONAL APPROPRIATIONS FOR THE ELECTION ASSISTANCE
COMMISSION.
(a) In General.--In addition to any funds otherwise appropriated to
the Election Assistance Commission for fiscal year 2020, there is
authorized to be appropriated $3,000,000 for fiscal year 2020 in order
for the Commission to provide additional assistance and resources to
States for improving the administration of elections.
(b) Availability of Funds.--Amounts appropriated pursuant to the
authorization under this subsection shall remain available without
fiscal year limitation.
SEC. 12. DEFINITION.
(a) Definition of Election for Federal Office.--Title IX of the
Help America Vote Act of 2002 (52 U.S.C. 21141 et seq.) is amended by
adding at the end the following new section:
``SEC. 907. ELECTION FOR FEDERAL OFFICE DEFINED.
``For purposes of titles I through III, the term `election for
Federal office' means a general, special, primary, or runoff election
for the office of President or Vice President, or of Senator or
Representative in, or Delegate or Resident Commissioner to, the
Congress.''.
(b) Clerical Amendment.--The table of contents of such Act is
amended by adding at the end of the items relating to title IX the
following new item:
``Sec. 907. Election for Federal office defined.''.
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