[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 776 Introduced in House (IH)]
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117th CONGRESS
1st Session
H. R. 776
To amend the Help America Vote Act of 2002 to require States to provide
secured drop boxes for voted absentee ballots in an election for
Federal office, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 3, 2021
Ms. Scanlon (for herself, Ms. Garcia of Texas, and Ms. Escobar)
introduced the following bill; which was referred to the Committee on
House Administration
_______________________________________________________________________
A BILL
To amend the Help America Vote Act of 2002 to require States to provide
secured drop boxes for voted absentee ballots 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 ``Dropbox Access Act''.
SEC. 2. 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.) 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. 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) Conforming Amendment Relating to Enforcement.--Section 401 of
the Help America Vote Act of 2002 (52 U.S.C. 21111) is amended by
striking ``and 303'' and inserting ``303, and 304''.
(c) Clerical Amendment.--The table of contents of such Act is
amended--
(1) by redesignating the items relating to sections 304 and
305 as relating to sections 305 and 306, respectively; and
(2) by inserting after the item relating to section 303 the
following new item:
``Sec. 304. Use of secured drop boxes for voted absentee ballots.''.
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