[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3867 Introduced in House (IH)]
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117th CONGRESS
1st Session
H. R. 3867
To amend the Help America Vote Act of 2002 to prohibit a State from
establishing certain restrictions on voting by mail in an election for
Federal office, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 14, 2021
Mrs. Demings (for herself and Mr. Sarbanes) introduced the following
bill; which was referred to the Committee on House Administration, and
in addition to the Committee on Science, Space, and Technology, 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 prohibit a State from
establishing certain restrictions on voting by mail in an election for
Federal office, 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 ``Every Vote Counts Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Congress has the authority under article 1, section 4
of the Constitution of the United States to enact laws
governing the time, place, and manner of Federal elections.
(2) Congress has the authority under section 2 of the 15th
Amendment to enforce the right of citizens of the United States
to vote, which shall not be denied or abridged by the United
States, by legislation.
(3) Section 1 of the 14th Amendment guarantees due process
of law and equal protection of the laws.
(4) The right to vote is the foundation of American
democracy. Voting provides the citizenry with a vital check on
their elected officials and grants people the political power
necessary to exercise and defend the rights guaranteed by the
United States Constitution.
(5) As Dr. Martin Luther King Jr. explained in a speech
delivered on May 17, 1957, ``So long as I do not firmly and
irrevocably possess the right to vote I do not possess myself.
I cannot make up my mind--it is made up for me. I cannot live
as a democratic citizen, observing the laws I have helped to
enact--I can only submit to the edict of others''.
(6) The right to vote for all Americans is fundamental and
rules for voting and election administration should protect the
right to vote and promote voter participation.
(7) Waiting in long lines discourages people from voting,
undermines confidence in the electoral system, and imposes
economic costs on voters.
(8) Multiple studies have shown that voters of all races
are more likely to wait in line to vote longer in counties with
higher population density, and Latino and Black voters
disproportionately live in these areas.
(9) One way voting in communities of color has been
suppressed is through long waits at polling locations. Studies
have shown a number of contributing factors, including the
drastic reduction of early voting days, poor allocation of
resources to certain communities, cuts to election funding, and
a reduction of polling locations.
(10) These problems led to the creation of the bipartisan
Presidential Commission on Election Administration, which
issued a 2014 report that set forth a standard: ``No citizen
should have to wait more than 30 minutes to vote''.
(11) Basic constitutional principles of fairness and equal
protection require an equal opportunity for citizens of the
United States to vote in Federal elections. The right to vote
may not be abridged or denied by the United States or by any
State on account of race, color, gender, or previous condition
of servitude. The 13th, 14th, 15th, 19th, 24th, and 26th
Amendments to the Constitution empower Congress to enact
measures to protect the right to vote in Federal elections. The
8th Amendment to the Constitution provides for no excessive
bail to be required, nor excessive fines imposed, nor cruel and
unusual punishments inflicted.
(12) American Indian and Alaska Native voters face unique
obstacles in a vote-by-mail system. Tribal communities in rural
areas often do not have traditional residential mailing
addresses and have limited access to transportation. Tribal
members have distant rural post offices, slow mail routes,
limited numbers of post office operation, and too few post
office boxes. As a result, rural Tribal communities require
distinct voting accommodations to ensure participation in a
vote-by-mail system.
(13) The Cybersecurity and Infrastructure Security Agency
Elections Infrastructure Government Coordinating Council and
Sector Coordinating Councils Joint COVID Working Group
designated ballot drop boxes are a secure and convenient means
for votes to return their mail ballot.
(14) The Cybersecurity and Infrastructure Security Agency
Elections Infrastructure Government Coordinating Council and
Sector Coordinating Councils Joint COVID Working Group says
best practices require one drop box for every 15,000 voters and
no more than 50 miles in between drop boxes in rural areas.
SEC. 3. ABSENTEE BALLOT TRACKING PROGRAM.
(a) Requirements.--Subtitle A of title III of the Help America Vote
Act of 2002 (52 U.S.C. 21081 et seq.) is amended--
(1) by redesignating sections 304 and 305 as sections 305
and 306, respectively; and
(2) by inserting after section 303 the following new
section:
``SEC. 304. 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 2022 and each succeeding election for Federal office.''.
(b) Reimbursement for Costs Incurred by States in Establishing
Program.--Subtitle D of title II of the Help America Vote Act of 2002
(42 U.S.C. 15401 et seq.) is amended by adding at the end the following
new part:
``PART 7--PAYMENTS TO REIMBURSE STATES FOR COSTS INCURRED IN
ESTABLISHING PROGRAM TO TRACK AND CONFIRM RECEIPT OF ABSENTEE BALLOTS
``SEC. 297. PAYMENTS TO STATES.
``(a) Payments For Costs of Program.--In accordance with this
section, the Commission shall make a payment to a State to reimburse
the State for the costs incurred in establishing the absentee ballot
tracking program under section 305 (including costs incurred prior to
the date of the enactment of this part).
``(b) Certification of Compliance and Costs.--
``(1) Certification required.--In order to receive a
payment under this section, a State shall submit to the
Commission a statement containing--
``(A) a certification that the State has
established an absentee ballot tracking program with
respect to elections for Federal office held in the
State; and
``(B) a statement of the costs incurred by the
State in establishing the program.
``(2) Amount of payment.--The amount of a payment made to a
State under this section shall be equal to the costs incurred
by the State in establishing the absentee ballot tracking
program, as set forth in the statement submitted under
paragraph (1), except that such amount may not exceed the
product of--
``(A) the number of jurisdictions in the State
which are responsible for operating the program; and
``(B) $3,000.
``(3) Limit on number of payments received.--A State may
not receive more than one payment under this part.
``SEC. 297A. AUTHORIZATION OF APPROPRIATIONS.
``(a) Authorization.--There are authorized to be appropriated to
the Commission for fiscal year 2022 and each succeeding fiscal year
such sums as may be necessary for payments under this part.
``(b) Continuing Availability of Funds.--Any amounts appropriated
pursuant to the authorization under this section shall remain available
until expended.''.
(c) Conforming Amendment Relating to Enforcement.--Section 401 of
such Act (52 U.S.C. 21111) is amended by striking ``sections 301, 302,
and 303'' and inserting ``subtitle A of title III''.
(d) Clerical Amendments.--The table of contents of such Act is
amended--
(1) by adding at the end of the items relating to subtitle
D of title II the following:
``Part 7--Payments To Reimburse States for Costs Incurred in
Establishing Program To Track and Confirm Receipt of Absentee Ballots
``Sec. 297. Payments to States.
``Sec. 297A. Authorization of appropriations.'';
(2) by redesignating the items relating to sections 304 and
305 as relating to sections 305 and 306, respectively; and
(3) by inserting after the item relating to section 303 the
following new item:
``Sec. 304. Absentee ballot tracking program.''.
SEC. 4. REQUIRING STATES TO PROVIDE SECURED DROP BOXES FOR VOTED
ABSENTEE BALLOTS IN ELECTIONS FOR FEDERAL OFFICE.
(a) Requirement.--Subtitle A of title III of the Help America Vote
Act of 2002 (52 U.S.C. 21081 et seq.), as amended by section 3(a), is
amended--
(1) by redesignating sections 305 and 306 as sections 306
and 307, respectively; and
(2) by inserting after section 304 the following new
section:
``SEC. 305. USE OF SECURED DROP BOXES FOR VOTED ABSENTEE BALLOTS.
``(a) Requiring Use of Drop Boxes.--In each county in the State,
each State shall provide in-person, secured, and clearly labeled drop
boxes at which individuals may, at any time during the period described
in subsection (b), drop off voted absentee ballots in an election for
Federal office.
``(b) Minimum Period for Availability of Drop Boxes.--The period
described in this subsection is, with respect to an election, the
period which begins 45 days before the date of the election and which
ends at the time the polls close for the election in the county
involved.
``(c) Accessibility.--
``(1) In general.--Each State shall ensure that the drop
boxes provided under this section are accessible for use--
``(A) by individuals with disabilities, as
determined in consultation with the protection and
advocacy systems (as defined in section 102 of the
Developmental Disabilities Assistance and Bill of
Rights Act of 2000 (42 U.S.C. 15002)) of the State; and
``(B) by individuals with limited proficiency in
the English language.
``(2) Determination of accessibility for individuals with
disabilities.--For purposes of this subsection, drop boxes
shall be considered to be accessible for use by individuals
with disabilities if the drop boxes meet such criteria as the
Attorney General may establish for such purposes.
``(3) Rule of construction.--If a State provides a drop box
under this section on the grounds of or inside a building or
facility which serves as a polling place for an election during
the period described in subsection (b), nothing in this
subsection may be construed to waive any requirements regarding
the accessibility of such polling place for the use of
individuals with disabilities or individuals with limited
proficiency in the English language.
``(d) Number of Drop Boxes.--
``(1) Formula for determination of number.--The number of
drop boxes provided under this section in a county with respect
to an election shall be determined as follows:
``(A) In the case of a county in which the number
of individuals who are residents of the county and who
are registered to vote in the election is equal to or
greater than 20,000, the number of drop boxes shall be
a number equal to or greater than the number of such
individuals divided by 20,000 (rounded to the nearest
whole number).
``(B) In the case of any other county, the number
of drop boxes shall be equal to or greater than one.
``(2) Timing.--For purposes of this subsection, the number
of individuals who reside in a county and who are registered to
vote in the election shall be determined as of the 90th day
before the date of the election.
``(e) Location of Drop Boxes.--The State shall determine the
location of drop boxes provided under this section in a county on the
basis of criteria which ensure that the drop boxes are--
``(1) available to all voters on a non-discriminatory
basis;
``(2) accessible to voters with disabilities (in accordance
with subsection (c));
``(3) accessible by public transportation to the greatest
extent possible;
``(4) available during all hours of the day; and
``(5) sufficiently available in all communities in the
county, including rural communities and on Tribal lands within
the county (subject to subsection (f)).
``(f) Rules for Drop Boxes on Tribal Lands.--In making a
determination of the number and location of drop boxes provided under
this section on Tribal lands in a county, the appropriate State and
local election officials shall--
``(1) consult with Tribal leaders prior to making the
determination; and
``(2) take into account criteria such as the availability
of direct-to-door residential mail delivery, the distance and
time necessary to travel to the drop box locations (including
in inclement weather), modes of transportation available,
conditions of roads, and the availability (if any) of public
transportation.
``(g) Posting of Information.--On or adjacent to each drop box
provided under this section, the State shall post information on the
requirements that voted absentee ballots must meet in order to be
counted and tabulated in the election.
``(h) Effective Date.--This section shall apply with respect to the
regularly scheduled general election for Federal office held in
November 2022 and each succeeding election for Federal office.''.
(b) Clerical Amendment.--The table of contents of such Act, as
amended by section 3(d), is amended--
(1) by redesignating the items relating to sections 305 and
306 as relating to sections 306 and 307, respectively; and
(2) by inserting after the item relating to section 304 the
following new item:
``Sec. 305. Use of secured drop boxes for voted absentee ballots.''.
SEC. 5. DEVELOPMENT OF ALTERNATIVE VERIFICATION METHODS.
(a) Development of Standards.--The National Institute of Standards,
in consultation with the Election Assistance Commission, shall develop
standards for the use of alternative methods which could be used in
place of signature verification requirements for purposes of verifying
the identification of an individual voting by absentee ballot in
elections for Federal office.
(b) Public Notice and Comment.--The National Institute of Standards
shall solicit comments from the public in the development of standards
under paragraph (1).
(c) Deadline.--Not later than one year after the date of the
enactment of this Act, the National Institute of Standards shall
publish the standards developed under paragraph (1).
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