[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 3529 Introduced in Senate (IS)]
<DOC>
116th CONGRESS
2d Session
S. 3529
To require States to establish contingency plans for the conduct of
elections for Federal office in response to national disasters and
emergencies, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 18, 2020
Ms. Klobuchar (for herself, Mr. Wyden, Ms. Hirono, Ms. Baldwin, Mr.
Coons, Mr. Sanders, Mr. Markey, Mr. Van Hollen, Mr. Booker, Ms. Smith,
Ms. Harris, Mr. Jones, Mrs. Feinstein, Mr. Peters, Mr. Durbin, Mr.
Merkley, Mr. Murphy, Ms. Stabenow, Mr. Blumenthal, Mr. Warner, Mrs.
Murray, Mr. Heinrich, Mr. Udall, Ms. Warren, Ms. Duckworth, and Ms.
Cantwell) introduced the following bill; which was read twice and
referred to the Committee on Rules and Administration
_______________________________________________________________________
A BILL
To require States to establish contingency plans for the conduct of
elections for Federal office in response to national disasters and
emergencies, 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 ``Natural Disaster and Emergency
Ballot Act of 2020''.
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 jurisdiction shall
establish and make publicly available a contingency plan to
enable qualified individuals (as defined in section 322(b) of
the Help America Vote Act of 2002, as added by section 5(a)),
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, but not limited to--
(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 for the November, 2020, general
election and subsequent elections from resilient or unaffected
populations, which may include--
(1) other State and local government offices; and
(2) high schools and colleges in the State for the
November, 2020, general election and in subsequent elections
for Federal office in the case where an infectious disease
poses significant increased health risks to elderly individuals
and affects an election for Federal office.
(d) Plan for Voters To Be Able To Request Absentee Ballots Online
and Vote by Mail.--The contingency plan established under subsection
(a) shall permit all individuals who are registered to vote to--
(1) submit an online request for an absentee ballot, which
requirement is satisfied if the local, county, or State
election official's website allows an absentee ballot request
application to be completed and submitted online and--
(A) an absentee ballot request application to be
printed for the voter to complete and mail; or
(B) a voter to submit an online request for a hard
copy absentee ballot request application to be mailed
or emailed to the voter to complete and mail;
(2) return completed absentee ballot requests to designated
drop off boxes;
(3) cast a vote in elections for Federal office by mail;
and
(4) return completed absentee ballots by dropping them off
at designated locations before the close of polls on the date
of the election.
(e) State.--For purposes of this section, the term ``State''
includes the District of Columbia, the Commonwealth of Puerto Rico,
Guam, American Samoa, the United States Virgin Islands, and the
Commonwealth of the Northern Mariana Islands.
(f) 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).
SEC. 3. REQUIREMENT TO ALLOW FOR EARLY VOTING AND NO-EXCUSE ABSENTEE
VOTING.
(a) Requirements.--Title III of the Help America Vote Act of 2002
(52 U.S.C. 21081) is amended by adding at the end the following new
subtitle:
``Subtitle C--Additional Requirements
``SEC. 321. AVAILABILITY OF EARLY VOTING AND VOTING BY MAIL.
``(a) In General.--Each State and jurisdiction shall, with respect
to the 2020 general election occurring on November 3, 2020, and each
subsequent election for Federal office--
``(1) allow individuals to vote in such election prior to
the date of the election through--
``(A) early voting which meets the requirements of
subsection (b); and
``(B) voting by mail which meets the requirements
of subsection (c);
``(2) publicize the details of any voting allowed under
paragraph (1);
``(3) comply with the absentee voting requirements of
subsection (d); and
``(4) comply with the vote counting requirements of
subsection (e).
``(b) Early Voting.--Early voting meets the requirements of this
subsection--
``(1) if such voting occurs--
``(A) for a 20-day period preceding the date of the
election so that such days constitute consecutive
weekdays and include at least one weekend, which period
may end on a date chosen by the chief election official
of the State that is between the date of the election
and 4 days preceding such date; and
``(B) for no less than 8 hours on each of the 20
days such early voting occurs; and
``(2) each early voting location in the State offers a
ballot drop-off box for voters to submit their voted and sealed
absentee ballots.
``(c) Voting by Mail.--Voting by mail meets the requirements of
this subsection if--
``(1) the State does not require an excuse in order to
obtain and cast a ballot by mail for any election for Federal
office;
``(2) the State permits any eligible voter to submit an
online request for an absentee ballot to vote in an election
for Federal office, which requirement is satisfied if the
local, county, or State election official's website allows an
absentee ballot request application to be completed and
submitted online and if--
``(A) an absentee ballot request application to be
printed for the voter to complete and mail; or
``(B) a voter is able to submit an online request
via the internet to have a hard-copy absentee ballot
request application mailed or e-mailed to them to
complete and mail;
``(3) the State sends an absentee ballot to vote in an
election for Federal office in the State by mail to any
eligible voter that submits a request for such a ballot and
that request is received by the appropriate election office on
or before the date that is 5 days, not including weekend days,
before the date of such 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;
``(4) the State permits any eligible voter to have the
option to request an absentee ballot for subsequent elections
on all absentee ballot requests;
``(5) the State does not require any form of identification
for an absentee ballot request;
``(6) the State does not include any requirements for
notarization or witness signature or other formal
authentication (other than voter attestation);
``(7) the State permits voters to submit an absentee ballot
by dropping it off at designated locations before the close of
polls on the date of the election, including at any polling
location on the date of the election before the close of polls;
``(8) the State--
``(A) permits 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 and that such person
designated to return an absentee ballot shall not
receive any form of compensation based on the number of
ballots that the person has returned and no individual,
group, or organization shall provide compensation on
this basis; or
``(B) does not put any limits 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; and
``(9) the State permits any eligible voter that submits a
request for an absentee ballot to vote in such election, but
does not receive their absentee ballot at least 2 days prior to
election day to download and mark at home an absentee ballot
provided by the State pursuant to section 103C of the Uniformed
Overseas Citizens Absentee Voting Act or section 322 of this
Act.
``(d) Deadline Requirements.--The requirements described in this
subsection are that a State shall count a ballot submitted by an
individual by mail with respect to an election for Federal office in
the State--
``(1) if it is postmarked, signed, or otherwise indicated
by the United States Postal Service to have been mailed on or
before the close of polls on the date of the election; and
``(2) received by the appropriate State election official
on or before the date that is 10 days after the date of such
election.
``(e) Ballot Processing and Scanning Requirements.--
``(1) In general.--The requirement described in this
subsection is that the State begins processing and scanning
ballots cast during early voting or through vote by mail for
tabulation at least 14 days prior to election day.
``(2) Limitation.--Nothing in this subsection shall allow
for the tabulation of ballots before the close of polls on the
date of the election.
``(f) 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.''.
(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) Private Right of Action.--Title IV of the Help America Vote Act
of 2002 (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 NATURAL DISASTER
AND EMERGENCY BALLOT ACT OF 2020.
``(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) Conforming Amendment Relating to Voluntary Guidance by Election
Assistance Commission.--Section 311(b) of such Act (52 U.S.C. 21101) is
amended--
(1) in paragraph (2), by striking ``and'';
(2) in paragraph (3), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(4) in the case of the recommendations with respect to
subtitle C, 1 year after the date of enactment of the Natural
Disaster and Emergency Ballot Act of 2020.''.
(e) Clerical Amendments.--The table of contents of such Act is
amended--
(1) by inserting after the item relating to section 312 the
following:
``Subtitle C--Additional Requirements
``Sec. 321. Availability of early voting and voting by mail.'';
and
(2) by inserting after the item relating to section 402 the
following:
``Sec. 403. Private right of action for violations of Natural Disaster
and Emergency Ballot Act of 2020.''.
SEC. 4. USE OF DOWNLOADABLE AND PRINTABLE ABSENTEE BALLOTS PROVIDED BY
STATES UNDER UOCAVA FOR VOTERS WITH DISABILITIES AND
THOSE WHO HAVE NOT RECEIVED A BALLOT TO VOTE IN 2020
GENERAL ELECTION AND SUBSEQUENT FEDERAL ELECTIONS UNTIL
DOMESTIC DOWNLOADABLE AND PRINTABLE BALLOT PRESCRIBED BY
EAC IS AVAILABLE.
(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. USE OF DOWNLOADABLE AND PRINTABLE ABSENTEE BALLOTS
PROVIDED UNDER UOCAVA FOR VOTERS WITH DISABILITIES AND
THOSE WHO HAVE NOT RECEIVED A BALLOT TO VOTE IN 2020
GENERAL ELECTION AND SUBSEQUENT FEDERAL ELECTIONS UNTIL
DOMESTIC DOWNLOADABLE AND PRINTABLE BALLOT PRESCRIBED BY
EAC IS AVAILABLE.
``(a) In General.--
``(1) State responsibilities.--Each State shall, with
respect to the 2020 general election occurring on November 3,
2020, and subsequent elections for Federal office (until such
time as the Election Assistance Commission prescribes a
domestic downloadable and printable ballot for use in elections
for Federal office pursuant to section 297 of the Help America
Vote Act of 2002), permit qualified individuals to use the
downloadable and printable absentee ballots the State provides
to overseas and military voters as prescribed under section 103
to vote in such election.
``(2) Requirements.--Such downloadable and printable
absentee ballots--
``(A) must comply with the language requirements
under section 203 of the National Voter Registration
Act; and
``(B) must comply with the disability requirements
under section 508 of the Rehabilitation Act of 1973 (29
U.S.C. 794d).
``(3) Application of requirements.--The provisions of
section 103 shall apply with respect to the use of Federal
write-in absentee ballots by qualified individuals pursuant to
this section in the same manner as such provisions apply with
respect to the use of such ballots by absent uniformed services
voters and overseas voters pursuant to section 103.
``(4) Clarification regarding free postage.--Federal write-
in absentee ballots of qualified individuals pursuant to 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 Federal write-in absentee
ballot submitted in any manner by a qualified individual 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.--For purposes of this section:
``(1) In general.--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--
``(A)(i) has requested an absentee ballot from the
State or jurisdiction where 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) expects to be absent from such individual's
jurisdiction on the day of the election for Federal
office due to professional or volunteer service in
response to a natural disaster or emergency as so
declared;
``(C) is hospitalized or expects to be hospitalized
on the day of the election for Federal office; or
``(D) 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 subparagraph (D), a State shall permit an
individual to self-certify that the individual is an individual
with a disability.
``(2) Coordination with federal write-in ballot for absent
uniformed services and overseas voters.--The term `qualified
individual' shall not include an individual who--
``(A) is an absent uniformed services voter or an
overseas voter; and
``(B) is entitled to vote using the Federal write-
in absentee ballot prescribed under section 103.
``(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.''.
(b) Conforming Amendment.--Section 102(a) of the Uniformed and
Overseas Citizens Absentee Voting Act (52 U.S.C. 20302(a)) is amended
by striking ``and'' at the end of paragraph (10), by striking the
period at the end of paragraph (11) and inserting ``; and'', and by
adding at the end the following new paragraph:
``(12) meet the requirements of section 103C with respect
to use of downloadable and printable absentee ballots for
qualified individuals to vote in the 2020 general election.''.
(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. Use of downloadable and printable absentee ballots
provided under UOCAVA for voters with
disabilities and those who have not
received a ballot to vote in 2020 general
election and subsequent Federal elections
until domestic downloadable and printable
ballot prescribed by EAC is available.''.
SEC. 5. DOWNLOADABLE AND PRINTABLE ABSENTEE BALLOT FOR DOMESTIC USE BY
VOTERS WITH DISABILITIES AND IN EMERGENCIES STARTING IN
2022.
(a) State Requirement.--
(1) In general.--Subtitle C of title III of the Help
America Vote Act of 2002, as added by section 3, is amended by
adding at the end the following new section:
``SEC. 322. USE OF DOMESTIC DOWNLOADABLE AND PRINTABLE ABSENTEE BALLOT.
``(a) State Requirement.--
``(1) In general.--Each State shall permit qualified
individuals to use a downloadable and printable absentee ballot
prescribed by the Election Assistance Commission under section
297 to cast a vote in any election for Federal office.
``(2) Requirements.--Such downloadable and printable
absentee ballots--
``(A) must comply with the language requirements
under section 203 of the National Voter Registration
Act; and
``(B) must comply with the disability requirements
under section 508 of the Rehabilitation Act of 1973 (29
U.S.C. 794d).
``(b) Qualified Individual.--For purposes of this section:
``(1) In general.--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--
``(A)(i) has requested an absentee ballot from the
State or jurisdiction where 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)(i) resides in an area of a State with respect
to which an emergency or public health emergency has
been declared by the Governor or chief government
official of the State or chief government official of
an area, 5 days or less before election day under the
laws of the State due to reasons including, but not
limited to--
``(I) a natural disaster, including severe
weather; or
``(II) an infectious disease; and
``(ii) has not requested an absentee ballot;
``(C) expects to be absent from such individual's
jurisdiction on the day of the election for Federal
office due to professional or volunteer service in
response to a natural disaster or emergency as so
declared;
``(D) is hospitalized or expects to be hospitalized
on the day of the election for Federal office; or
``(E) 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 subparagraph (E), a State shall permit an
individual to self-certify that the individual is an individual
with a disability.
``(2) Coordination with federal write-in ballot for absent
uniformed services and overseas voters.--The term `qualified
individual' shall not include an individual who--
``(A) is an absent uniformed services voter (as
defined in section 107(1) of the Uniformed and Overseas
Citizens Absentee Voting Act (52 U.S.C. 20310(1))) or
an overseas voter (as defined in section 107(5) of such
Act (52 U.S.C. 20310(5))); and
``(B) who is entitled to vote using the Federal
write-in absentee ballot developed under section 103 of
such Act (52 U.S.C. 20303).
``(c) Submission and Processing.--
``(1) In general.--Except as otherwise provided in this
section, a domestic downloadable and printable absentee ballot
to which this section applies shall be submitted and processed
in the manner provided by law for absentee ballots in the State
involved.
``(2) Deadline.--An otherwise eligible national Federal
write-in absentee ballot to which this section applies shall be
counted--
``(A) if it is postmarked, signed, or otherwise
indicated by the United States Postal Service to have
been mailed on or before the close of polls on the date
of the election; and
``(B) received by the appropriate State election
official on or before the date that is 10 days after
the date of such election.
``(d) Special Rules.--The following rules shall apply with respect
to domestic printable and downloadable absentee ballots to which this
section applies:
``(1) In completing the ballot, the voter may designate a
candidate by writing in the name of the candidate or by writing
in the name of a political party (in which case the ballot
shall be counted for the candidate of that political party).
``(2) In the case of the offices of President and Vice
President, a vote for a named candidate or a vote by writing in
the name of a political party shall be counted as a vote for
the electors supporting the candidate involved.
``(3) Any abbreviation, misspelling, or other minor
variation in the form of the name of a candidate or a political
party shall be disregarded in determining the validity of the
ballot.
``(e) Prohibiting Refusal To Accept Ballot for Failure To Meet
Certain Requirements.--A State shall not refuse to accept and process
any otherwise valid Federal write-in absentee ballot submitted in any
manner by a qualified individual solely on the basis of the following:
``(1) Notarization and witness signature requirements.
``(2) Restrictions on paper type, including weight and
size.
``(3) Restrictions on envelope type, including weight and
size.
``(f) 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.
``(g) Effective Date.--Each State shall be required to comply with
the requirements of this section on and after January 1, 2022.''.
(2) Clerical amendment.--The table of contents for such Act
is amended by inserting after the item relating to section 321,
as added by section 3, the following:
``Sec. 322. Use of domestic downloadable and printable absentee
ballot.''.
(b) Form of Domestic Printable and Downloadable Absentee Ballot.--
(1) In general.--Title II of the Help America Vote Act of
2002 (52 U.S.C. 20921) is amended by adding at the end the
following new subtitle:
``PART 7--DOWNLOADABLE AND PRINTABLE ABSENTEE BALLOT FOR DOMESTIC USE
``SEC. 297. DOWNLOADABLE AND PRINTABLE ABSENTEE BALLOT FOR DOMESTIC
USE.
``(a) Form of Ballot.--
``(1) In general.--The Commission shall prescribe a
domestic downloadable and printable ballot (including a secrecy
envelope and mailing envelope for such ballot) for use in
elections for Federal office by qualified individuals (as
defined in section 322(b)).
``(2) Affirmation.--The ballot prescribed under paragraph
(1) shall contain an affirmation, signed by the person
submitting the ballot, that--
``(A) such individual is a qualified individual (as
defined in section 322(b));
``(B) such individual has not and will not cast
another ballot with respect to the election for which
the domestic downloadable and printable absentee ballot
is cast; and
``(C) acknowledging that a material misstatement of
fact in completing the ballot may constitute grounds
for conviction of perjury.
``(b) Availability.--The Commission shall make the domestic
downloadable and printable absentee ballot available on the internet in
a printable format.
``(c) Requirements.--The domestic downloadable and printable
absentee ballot shall be compliant with section 508 of the
Rehabilitation Act of 1973 (29 U.S.C. 794d) and shall not transmit the
information completed by a voter over the internet.''.
(2) Conforming amendments.--
(A) Section 202 of the Help America Vote Act of
2002 (52 U.S.C. 20922) is amended by redesignating
paragraphs (5) and (6) as paragraphs (6) and (7),
respectively, and by inserting after paragraph (4) the
following new paragraph:
``(5) carrying out the duties described in part 7 relating
to downloadable and printable absentee ballot for domestic
use;''.
(B) The table of contents for such Act is amended
by inserting after the item related to section 296 the
following:
``Part 7--Downloadable and Printable Absentee Ballot for Domestic Use
``Sec. 297. Downloadable and printable absentee ballot for domestic
use.''.
SEC. 6. REQUIREMENT FOR PREPAID RETURN ENVELOPES FOR ABSENTEE BALLOTS;
USE OF INTELLIGENT MAIL BARCODE.
(a) In General.--Subtitle C of title III of the Help America Vote
Act of 2002, as added by section 3 and amended by section 5, is amended
by adding at the end the following new section:
``SEC. 323. USE OF PREPAID SELF-SEALING RETURN ENVELOPES.
``(a) In General.--Each State and local jurisdiction shall provide
with any voter registration application, absentee ballot application,
or blank absentee ballot sent by mail a self-sealing return envelope,
where possible, with prepaid postage or subject to an arrangement
whereby the State will reimburse the United States Postal Service for
the postage of any such return envelope that is sent by mail.
``(b) Use of Intelligent Mail Barcode for the 2020 General Election
and Until Balloting Materials Status Update Service Implemented.--For
the 2020 general election and subsequent elections for Federal office
(until such time as a State implements a balloting materials status
update service which meets the requirements described in section
7(a)(2) of the Natural Disaster and Emergency Ballot Act of 2020),
unless a State or jurisdiction has developed a system that enables
voters to track their absentee ballot through the mail, each State and
jurisdiction shall provide with each absentee ballot sent by mail a
self-sealing return envelope pursuant to subsection (a) that contains
an Intelligent Mail barcode as prescribed by the United States Postal
Service.
``(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.--The requirements of this section shall apply
to materials sent by States and local jurisdictions after the date that
is 60 days after the date of the enactment of this Act.''.
(b) Clerical Amendment.--The table of contents of such Act is
amended by inserting after the item relating to section 322, as added
by section 5, the following new item:
``Sec. 323. Use of prepaid self-sealing return envelopes.''.
SEC. 7. DEVELOPMENT OF A SECURE FEDERAL PORTAL TO ALLOW ELECTION
OFFICIALS TO PROVIDE VOTERS WITH UPDATES ON THEIR
BALLOTS.
(a) Balloting Materials Status Update Service.--
(1) In general.--Not later than January 1, 2024, the
Director of the Cybersecurity and Infrastructure Security
Agency, in consultation with the Chair of the Election
Assistance Commission, the Postmaster General, the Director of
the General Services Administration, the Presidential designee,
and State election officials, shall establish a balloting
materials status update service to be used by States and local
jurisdictions to inform voters on the status of voter
registration applications, absentee ballot applications, and
absentee ballots.
(2) Information tracked.--The balloting materials status
update service established under paragraph (1) shall provide to
a voter the following information with respect to that voter:
(A) In the case of balloting materials sent by
mail, tracking information from the United States Post
Office and the Presidential designee on balloting
materials sent to the voter and, to the extent
feasible, returned by the voter.
(B) The date on which any request by the voter for
an application for voter registration or an absentee
ballot was received.
(C) The date on which any such requested
application was sent to the voter.
(D) The date on which any such completed
application was received from the voter and the status
of such application.
(E) The date on which any absentee ballot was sent
to the voter.
(F) The date on which any absentee ballot was
received by the voter.
(G) The date on which the post office processes the
absentee ballot.
(H) The date on which post office delivered the
absentee ballot to the election office.
(I) Whether such ballot was accepted and counted,
and in the case of any ballot not counted, the reason
why the ballot was not counted.
(3) Method of providing information.--The balloting
materials status update service established under paragraph (1)
shall allow voters the option to receive the information
described in paragraph (2) through email (or other electronic
means) or through the mail.
(4) Prohibition on fees.--The Director may not charge any
fee to a State or jurisdiction for use of the balloting
materials status update service in connection with any Federal,
State, or local election.
(5) Authorization of appropriations.--There are authorized
to be appropriated to the Director such sums as are necessary
for purposes of carrying out this subsection.
(b) Required Use for Absent Uniformed Service Voters and Overseas
Voters.--
(1) In general.--Section 102(a) of the Uniformed and
Overseas Citizens Absentee Voting Act (52 U.S.C. 20302(a)), as
amended by section 4(b), is amended by striking ``and'' at the
end of paragraph (11), by striking the period at the end of
paragraph (12) and inserting ``; and'', and by adding at the
end the following new paragraph:
``(13) use the balloting materials status update service
developed under section 7(a) of the Natural Disaster and
Emergency Ballot Act of 2020 to inform absent uniformed
services voters and overseas voters on the status of voter
registration applications, absentee ballot applications, and
absentee ballots used in elections for Federal office.''.
(2) Conforming amendment.--Section 102 of such Act (52
U.S.C. 20302) is amended by striking subsection (h).
(3) Effective date.--The amendments made by this subsection
shall apply to elections for Federal office occurring after the
date that is 1 year after the date on which the Director of the
Cybersecurity and Infrastructure Security Agency certifies that
the service described in subsection (a) is operational.
(c) Required Use Under Help America Vote Act.--
(1) In general.--Section 321(a) of the Help American Vote
Act of 2002, as added by section 3, is amended by striking
``and'' at the end of paragraph (3), by striking the period at
the end of paragraph (4) and inserting ``; and'', and by adding
at the end the following new paragraph:
``(5) use the balloting materials status update service
developed under section 7(a) of the Natural Disaster and
Emergency Ballot Act of 2020 to provide eligible voters and
qualified individuals (as defined in section 322(b) of this
Act) information regarding the status of voter registration
applications, absentee ballot applications, and absentee
ballots used in elections for Federal office, except that any
State or jurisdiction which has developed a balloting materials
status update system which meets the requirements of paragraph
(2) of such section 7(a) (relating to information tracked) may
continue to use such system.''.
(2) Effective date.--The amendments made by this subsection
shall apply to elections for Federal office occurring after the
date that is 1 year after the date on which the Director of the
Cybersecurity and Infrastructure Security Agency certifies that
the service described in subsection (a) is operational.
(d) Availability to Department of Defense.--The Cybersecurity and
Infrastructure Security Agency may make the balloting materials status
update service available to the Department of Defense to administer and
implement to absent uniformed services voters and overseas voters
pursuant to the Uniformed Overseas and Citizens Absentee Voting Act (52
U.S.C. 20301 et seq.).
(e) Reimbursements to States.--
(1) For use with respect to balloting materials of absent
uniformed service voters and overseas 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 103C, as added by
section 4(a), the following new section:
``SEC. 103D. REIMBURSEMENTS FOR USE OF BALLOTING MATERIALS STATUS
UPDATE SERVICE.
``(a) In General.--The Presidential designee shall make payments to
each State and local jurisdiction equal to the costs to the State or
local jurisdiction of using the balloting materials status update
service under section 7(a) of the Natural Disaster and Emergency Ballot
Act of 2020 with respect to balloting materials of absent uniformed
services and overseas voters.
``(b) Authorization of Appropriations.--There are authorized to be
appropriated to the Presidential designee such sums as are necessary
for carrying out this section, to remain available without fiscal year
limitation.''.
(B) Conforming amendment.--Section 101(b) of the
Uniformed and Overseas Citizens Absentee Voting Act (52
U.S.C. 20301(b)) is amended by striking ``and'' at the
end of paragraph (10), by striking the period at the
end of paragraph (11) and inserting ``; and'', and by
adding at the end the following new paragraph:
``(12) make payments to States in accordance with section
103D.''.
(C) Clerical amendment.--The table of contents of
such Act is amended by inserting after the item
relating to section 103, as added by section 4(c), the
following new item:
``Sec. 103D. Reimbursements for use of balloting materials status
update service.''.
(2) For use with respect to balloting materials of domestic
voters.--
(A) In general.--Subtitle D of title II of the Help
America Vote Act of 2002 (52 U.S.C. 21001 et seq.), as
amended by section 5(b), is amended by adding at the
end the following:
``PART 8--REIMBURSEMENTS FOR USE OF BALLOTING MATERIALS STATUS UPDATE
SERVICE
``SEC. 298. REIMBURSEMENTS FOR USE OF BALLOTING MATERIALS STATUS UPDATE
SERVICE.
``(a) In General.--The Commission shall make payments to each State
and local jurisdiction equal to the costs to the State or local
jurisdiction of using the ballot material update service under section
7(a) of the Natural Disaster and Emergency Ballot Act of 2020 with
respect to balloting materials of voters (other than balloting
materials of absent uniformed services and overseas voters for which
the State is eligible for payment under section 103D of the Uniformed
and Overseas Citizens Absentee Voting Act) for which States or
jurisdictions elect to use such tracking service.
``(b) Authorization of Appropriations.--There are authorized to be
appropriated to the Commission such sums as are necessary for carrying
out this section, to remain available without fiscal year
limitation.''.
(B) Conforming amendments.--
(i) Section 202 of the Help America Vote
Act of 2002 (52 U.S.C. 20922), as amended by
section 5(b), is amended by redesignating
paragraphs (6) and (7) as paragraphs (7) and
(8), respectively, and by inserting after
paragraph (5) the following new paragraph:
``(6) carrying out the duties described in part 8 (relating
to balloting materials status update reimbursements);''.
(ii) The table of contents for such Act is
amended by inserting after the item related to
section 297 the following:
``Part 8--Reimbursements for Use of Balloting Materials Status Update
Service
``Sec. 298. Reimbursements for use of balloting materials status update
service.''.
SEC. 8. NOTICE AND CURE PROCESS REQUIRED FOR MISMATCHED SIGNATURES ON
MAIL-IN AND PROVISIONAL BALLOTS.
(a) In General.--Subtitle C of title III of the Help America Vote
Act of 2002, as added by section 3 and amended by sections 5 and 6, is
amended by adding at the end the following new section:
``SEC. 324. SIGNATURE MISMATCH ON BALLOT SUBMITTED BY MAIL OR
PROVISIONAL BALLOT.
``(a) Covered State Defined.--
``(1) In general.--Subject to paragraph (2), in this
section, the term `covered State' means a State in which, under
State law, a ballot submitted by mail or a provisional ballot
is not counted as a vote in an election for Federal office
unless the State verifies the signature of the individual who
submitted such ballot by comparing the signature on the
envelope containing such ballot or a document accompanying such
ballot and the signature of such individual on the official
list of registered voters in the State or other official
record, or other document.
``(2) Exception for certain states.--Such term shall not
include a State which conducted a Federal election entirely
through vote by mail prior to 2020.
``(b) Notice Required.--
``(1) In general.--If an individual submits a ballot by
mail or a provisional ballot in an election for Federal office
in a covered State, and the appropriate State or local election
official determines that a discrepancy exists between the
signature on the envelope containing such ballot or a document
accompanying such ballot used to verify the signature and the
signature of such individual 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, 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 that--
``(A) a discrepancy exists between the signature on
the envelope containing such ballot or a document
accompanying such ballot used to verify the signature
and the signature of such individual 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;
``(B) such individual may provide information to
cure such discrepancy in accordance with the procedures
established pursuant to subsection (c)(1)(A); and
``(C) if such discrepancy is not cured, such ballot
will not be counted.
``(2) Form of notice.--An election official shall provide
the notice required by paragraph (1) by at least two of the
following methods:
``(A) Regular mail.
``(B) Phone.
``(C) Electronic mail.
``(D) Text message.
``(3) No effect on other notice requirements related to
provisional ballots.--In the case of an individual who submits
a provisional ballot, the requirements of this subsection shall
be in addition to the requirements applicable to such an
individual under section 302(a).
``(c) Opportunity To Cure.--
``(1) Establishment of procedures.--A covered State shall
establish uniform and non-discriminatory procedures--
``(A) to allow an individual to whom notice is
provided under subsection (b)--
``(i) to provide confirmation or
information to cure the discrepancy described
in subsection (b)(1) through the same form in
which the notice is provided pursuant to
subsection (b)(1) by a date that is not less
than 10 calendar days following the date on
which the notice required under subsection (b)
is given; and
``(ii) if such confirmation or information
is rejected, to appeal the rejection;
``(B) that require that voters whose ballots are
returned without signatures be notified and given an
opportunity to provide a missing signature on a form
proscribed by the State; and
``(C) prior to the date of final certification of
ballots in the election by such State, to provide such
individual a final determination as to the validity of
the ballot and whether the individual's ballot was
counted in the election.
``(2) Deadline.-- A voter has until the day before
certification of election results to provide confirmation that
the signature in question is their genuine signature. This
confirmation can be provided orally, in writing, or
electronically, including through any of the forms described in
subsection (b)(2). No separate oath or affirmation is required.
``(3) Counting of vote.--A final determination with respect
to the validity of a ballot in the case of a signature mismatch
under this section shall be made by three election officials,
at least one of whom is of an opposing party and, unless such
election officials determine, taking into account any
conformation or information provided under the procedures
established pursuant to paragraph (1)(A), through a unanimous
vote and beyond a reasonable doubt that the ballot is not
valid, such ballot shall be counted as a vote in that election.
``(d) Report.--
``(1) In general.--Not later than 120 days after the end of
a Federal election cycle, each chief State election official in
a covered State shall submit to Congress a report containing
the following information for the applicable Federal election
cycle in the State:
``(A) The number of ballots invalidated due to a
discrepancy under this section.
``(B) Description of attempts to contact voters to
provide notice as required by this section.
``(C) Description of the cure process developed by
such State pursuant to this section, including the
number of ballots determined valid as a result of such
process.
``(2) Federal election cycle defined.--For purposes of this
subsection, the term `Federal For election cycle' means the
period beginning on January 1 of any odd numbered year and
ending on December 31 of the following year.
``(e) Research and Development.--The Director of the National
Institute of Standards and Technology shall expand the research and
develop best practices or guidelines for the acceptance, verification,
and curing of signatures for mail-in ballots.
``(f) Effective Date.--This section shall apply with respect to the
general election for Federal office held in 2020 and any subsequent
election for Federal office.''.
(b) Clerical Amendment.--The table of contents of such Act is
amended by inserting after the item relating to section 323, as added
by section 6, the following new item:
``Sec. 324. Signature mismatch on ballot submitted by mail or
provisional ballot.''.
SEC. 9. REQUIREMENT FOR ACCEPTANCE OF VOTER REGISTRATION APPLICATIONS.
(a) In General.--Subtitle C of title III of the Help America Vote
Act of 2002, as added by section 3 and amended by sections 5, 6, and 8,
is amended by adding at the end the following new section:
``SEC. 325. ACCEPTANCE OF VOTER REGISTRATION APPLICATIONS.
``(a) Requirements for Voter Registration Applications.--Each State
and local jurisdiction shall--
``(1) accept and process voter registration applications
submitted in person, by mail, or online at least 21 days prior
to the date of an election for Federal office, except nothing
this paragraph shall preclude a State or local jurisdiction
from allowing for the acceptance and processing of voter
registration applications submitted or received after such
required period; and
``(2) ensure that any voter registration applications
provided by the State permit the voter, at the time of
submitted the application, to register to vote by mail in
accordance with the requirements under section 321(c).
``(b) Exception.--This section shall not apply with respect to any
State or local jurisdiction that allows--
``(1) voter registration during early voting; or
``(2) same day voter registration.
``(c) Effective Date.--This section shall apply beginning on the
date that is 60 days after the date of enactment of the Natural
Disaster and Emergency Ballot Act of 2020.''.
(b) Clerical Amendment.--The table of contents of such Act is
amended by inserting after the item relating to section 324, as added
by section 8, the following new item:
``Sec. 325. Acceptance of voter registration applications.''.
SEC. 10. ACCOMMODATIONS FOR VOTERS RESIDING IN INDIAN LANDS.
(a) Accommodations.--
(1) In general.--The following requirements shall apply
with respect to the general election for Federal office held in
2020 and any subsequent election for Federal office:
(A) Given the widespread lack of residential mail
delivery in Indian Country, an Indian Tribe may
designate buildings as ballot pickup and collection
locations 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 any election.
(B) The State or political subdivision shall
provide mail-in and absentee ballots to each registered
voter residing on Indian lands in the State or
political subdivision without requiring a residential
address or a mail-in or absentee ballot request.
(C) The address of a designated building that is a
ballot pickup and collection location 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.
(D) 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 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).
(2) 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.
(3) Definitions.--In this section:
(A) 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).
(B) 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.
(C) 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).
(D) Tribal government.--The term ``Tribal
Government'' means the recognized governing body of an
Indian Tribe.
(4) 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.''.
SEC. 11. REIMBURSEMENTS TO STATES FOR COSTS OF COMPLYING WITH NATURAL
DISASTER AND EMERGENCY BALLOT ACT OF 2020 WITH RESPECT TO
2020 GENERAL ELECTION.
(a) In General.--Title II of the Help America Vote Act of 2002 (52
U.S.C. 21001 et seq.), as amended by section 7(e), is amended by adding
at the end the following new part:
``PART 9--REIMBURSEMENT TO STATES FOR COSTS OF COMPLYING WITH NATURAL
DISASTER AND EMERGENCY BALLOT ACT OF 2020 WITH RESPECT TO 2020 GENERAL
ELECTION
``SEC. 299. REIMBURSEMENTS TO STATES FOR COSTS OF COMPLYING WITH
NATURAL DISASTER AND EMERGENCY BALLOT ACT OF 2020 WITH
RESPECT TO 2020 GENERAL ELECTION.
``(a) In General.--The Commission shall make payments to each State
equal to the costs incurred by the State (and local jurisdictions
within the State) in complying with the following requirements with
respect to the 2020 general election occurring on November 3, 2020:
``(1) Costs of establishing contingency plans pursuant to
section 2 of the Natural Disaster and Emergency Ballot Act of
2020, including initiatives to recruit pollworkers pursuant to
subsection (b) of such section.
``(2) Costs of establishing a system for voters to submit
an online request for an absentee ballot pursuant to section
2(c) of such Act.
``(3) Costs of implementing requirements with respect to
availability of voting prior to election day pursuant to
section 321 of this Act.
``(4) Costs associated with purchasing additional and
upgrading high speed ballot printers, inserters, ballot
sorters, envelope extractors, and scanners to send and process
absentee ballots and costs associated with purchasing ballot
drop boxes.
``(5) Costs associated with the development or purchase,
implementation, and use of technology to allow election
officials to electronically verify a voter's signature on a
ballot envelope against a voter's signature on file without
physically handling the envelope, provided that the technology
is not connected to the internet.
``(6) Costs associated with the use of downloadable and
printable ballots by qualified individuals under section 103C
the Uniformed and Overseas Citizens Absentee Voting Act.
``(7) Costs associated with developing or purchasing secure
accessible remote ballot marking systems for use by voters with
disabilities, provided that such systems do not cause the
voter's ballot selections to be transmitted over the internet
and do not allow for the electronic submission of a marked
ballot.
``(8) Costs associated with developing or purchasing and
implementing signature verification software.
``(9) Costs for providing return envelopes and the postage
associated with such envelopes pursuant to section 323 of this
Act.
``(b) Primary Elections.--
``(1) Payments to states.--In addition to any payments
under subsection (a), the Commission shall make payments to
each State equal to any costs that the State (and local
jurisdictions within the State) incurs in voluntarily electing
to comply with and implementing the provisions of, and
amendments made by, the Natural Disaster and Emergency Ballot
Act of 2020 with respect to the 2020 primary election in the
State.
``(2) State party-run primaries.--The Commission shall make
payments to State parties 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) Authorization of Appropriations.--
``(1) In general.--There are authorized to be appropriated
for payments under this section any sums necessary to reimburse
States for costs described in subsections (a) and (b) with
respect to the 2020 general election occurring on November 3,
2020.
``(2) Availability of funds.--Amounts appropriated pursuant
to the authorization under this subsection shall remain
available without fiscal year limitation.
``(d) Insufficient Funds.--If the amount appropriated under
subsection (b) is less than the aggregate costs incurred by all States
for the activities described in subsections (a)(1) and (b) for any
period, the amount of payment made under each such subsection to each
State shall not exceed the amount which bears the same ratio to the
aggregate amount of costs described in such subsection for such State
for such period as--
``(1) the voting age population of the State (as reported
in the most recent decennial census); bears to
``(2) the total voting age population of all States (as
reported in the most recent decennial census).
``(e) 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 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.
``(2) Insufficient funds.--If a State receives a payment
for a period under this section that, as a result of the
application of subsection (d), is less than the aggregate
amount of costs described in subsections (a) and (b) for such
State for such period, than the portion of such payment that
the State is required to pass through to a local jurisdiction
or Tribal government under paragraph (1) shall not exceed the
amount which bears the same ratio to the total amount of costs
incurred by such local jurisdiction or Tribal government for
such period as--
``(A) the amount of the payment received by the
State under this section for the period; bears to
``(B) the aggregate amount of costs described in
subsection (a) and (b) for such State for such period.
``(f) Limitation.--No funds may be provided to a State under this
section for costs attributable to the electronic return of marked
ballots by any voter.''.
(b) Conforming Amendments.--
(1) Section 202 of the Help America Vote Act of 2002 (52
U.S.C. 20922), as amended by section 7(e), is amended by
redesignating paragraphs (7) and (8) as paragraphs (8) and (9),
respectively, and by inserting after paragraph (6) the
following new paragraph:
``(7) carrying out the duties described in part 9 (relating
to reimbursements to States for costs of complying with the
Natural Disaster and Emergency Ballot Act of 2020 with respect
to the 2020 general election);''.
(2) The table of contents for such Act is amended by
inserting after the item related to section 297 the following:
``Part 9--Reimbursement to States for Costs of Complying With Natural
Disaster and Emergency Ballot Act of 2020 With Respect to 2020 General
Election
``Sec. 299. Reimbursements to Sstates for costs of complying with
Natural Disaster and Emergency Ballot Act
of 2020 with respect to 2020 general
election.''.
SEC. 12. 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.
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