[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8492 Introduced in House (IH)]
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116th CONGRESS
2d Session
H. R. 8492
To amend title 3, United States Code, to extend the date provided for
the meeting of electors of the President and Vice President in the
States and the date provided for the joint session of Congress held for
the counting of electoral votes, and for other purposes.
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IN THE HOUSE OF REPRESENTATIVES
October 1, 2020
Mr. Price of North Carolina introduced the following bill; which was
referred to the Committee on House Administration
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A BILL
To amend title 3, United States Code, to extend the date provided for
the meeting of electors of the President and Vice President in the
States and the date provided for the joint session of Congress held for
the counting of electoral votes, 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 ``Count Every Vote Act of 2020''.
SEC. 2. EXTENSION OF DATES PROVIDED FOR MEETING OF ELECTORS AND JOINT
SESSION OF CONGRESS FOR COUNTING ELECTORAL VOTES.
(a) Meeting of Electors in States.--Section 7 of title 3, United
States Code, is amended by striking ``the first Monday after the second
Wednesday in December next following their appointment'' and inserting
the following: ``the first day (or, if such day is a Sunday, the second
day) occurring after the January 1 that next follows their
appointment''.
(b) Ensuring Timely Delivery of Certificates and Votes by States.--
(1) Certificate of appointed electors.--Section 6 of such
title is amended by striking ``communicate by registered mail
under the seal of the State to the Archivist of the United
States'' and inserting the following: ``communicate to the
Archivist of the United States, by the most expeditious method
available (including overnight delivery or a secure form of
electronic transmission) to ensure receipt not later than the
second day that follows the date described in section 7,''.
(2) Disposition of certificates by electors.--Section 11 of
such title is amended--
(A) by striking ``by registered mail'' each place
it appears;
(B) by striking ``The electors shall dispose'' and
inserting ``(a) In General.--The electors shall
dispose''; and
(C) by adding at the end the following new
subsection:
``(b) Method of Delivery and Transmission.--The electors shall
carry out the delivery and transmission requirements of this section by
the most expeditious method available (including overnight delivery or
a secure form of electronic transmission) to ensure receipt of the
certificates and lists by the President of the Senate and the Archivist
of the United States not later than the second day that follows the
date described in section 7.''.
(3) Final deadline for delivery.--Section 12 of such title
is amended--
(A) by striking ``the fourth Wednesday in
December'' and inserting ``the second day that follows
the date described in section 7''; and
(B) by striking ``transmit same by registered mail
to the President of the Senate at the seat of
government'' and inserting the following: ``transmit
such certificate and list to the President of the
Senate at the seat of government by such method as may
be necessary (including overnight delivery or a secure
form of electronic transmission) to ensure that such
certificate and list is received by the President of
the Senate or the Archivist of the United States not
later than the second day that follows the date
described in section 7''.
(4) Demand on district court judge.--Section 13 of such
title is amended--
(A) by striking ``the fourth Wednesday in
December'' and inserting ``the second day that follows
the date described in section 7'';
(B) by striking ``send a special messenger to'' and
inserting ``immediately notify''; and
(C) by striking ``shall forthwith transmit that
list by the hand of the messenger to the seat of
government'' and inserting ``shall take such action as
may be necessary (including overnight delivery or a
secure form of electronic transmission) to ensure that
such certificate and list is received by the President
of the Senate not later than 24 hours after receipt of
the Archivist's notice''.
(c) Joint Session for Counting Electoral Votes.--The first sentence
of section 15 of such title is amended by striking ``the sixth day of
January succeeding every meeting of the electors'' and inserting the
following: ``the second day (or, if such day is a Sunday, the third
day) that follows the deadline for the receipt of certificates and
votes by the President of the Senate or the Archivist of the United
States under section 12''.
SEC. 3. EXTENSION OF SAFE HARBOR PERIOD FOR RESOLUTION OF CONTROVERSY
OR CONTEST REGARDING APPOINTMENT OF ELECTORS.
Section 5 of title 3, United States Code, is amended by striking
``six days'' each place it appears and inserting ``3 days''.
SEC. 4. EFFECTIVE DATE.
The amendments made by this Act shall apply with respect to the
Presidential election held in November 2020 and each succeeding
Presidential election.
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