S. 4033, Natural Disaster and Emergency Ballot Act of 2020
Summary
S. 4033, the Natural Disaster and Emergency Ballot Act of 2020, was introduced in the Senate on June 22, 2020 by Ms. Klobuchar (for herself and others) and referred to the Committee on Rules and Administration. Its stated purpose is to require States to establish contingency plans for the conduct of elections for Federal office in response to national disasters and emergencies. Section 2 provides that, not later than 30 days after the date of enactment, each State and jurisdiction shall establish and make publicly available a contingency plan to enable qualified individuals to vote in elections for Federal office during a state of emergency, public health emergency, or national emergency.
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Cite this document
“S. 4033, Natural Disaster and Emergency Ballot Act of 2020.”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/bills-bills-116s4033is-bills-116s4033is/
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II
116TH CONGRESS
2D SESSION
S. 4033
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
JUNE 22, 2020
Ms. KLOBUCHAR (for herself, Mr. WYDEN, Ms. HIRONO, Ms. BALDWIN, Mr.
COONS, Mr. SANDERS, Mr. MARKEY, Mr. VAN HOLLEN, Mr. BOOKER,
Ms. SMITH, Mr. JONES, Mrs. FEINSTEIN, Mr. PETERS, Mr. DURBIN, Mr.
MURPHY, Ms. STABENOW, Mr. BLUMENTHAL, Mr. WARNER, Mrs. MUR-
RAY, Mr. HEINRICH, Mr. UDALL, Ms. WARREN, Ms. DUCKWORTH, Ms.
CANTWELL, Mr. MENENDEZ, Mr. BROWN, Mr. SCHATZ, Mr. CARPER,
Mr. CASEY, Mrs. GILLIBRAND, Mr. CARDIN, Ms. CORTEZ MASTO, Mr.
KAINE, and Ms. ROSEN) 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 pur-
poses.
1 Be it enacted by the Senate and House of Representa-
2 tives of the United States of America in Congress assembled,
3 SECTION 1. SHORT TITLE.
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4 This Act may be cited as the ‘‘Natural Disaster and
5 Emergency Ballot Act of 2020’’.
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1 SEC. 2. REQUIREMENTS FOR FEDERAL ELECTION CONTIN-
2 GENCY PLANS IN RESPONSE TO NATURAL
3 DISASTERS AND EMERGENCIES.
4 (a) IN GENERAL.—
5 (1) ESTABLISHMENT.—Not later than 30 days
6 after the date of the enactment of this Act, each
7 State and jurisdiction shall establish and make pub-
8 licly available a contingency plan to enable qualified
9 individuals (as defined in section 322(b) of the Help
10 America Vote Act of 2002, as added by section
11 5(a)), to vote in elections for Federal office during
12 a state of emergency, public health emergency, or
13 national emergency which has been declared for rea-
14 sons including, but not limited to—
15 (A) a natural disaster; or
16 (B) an infectious disease.
17 (2) UPDATING.—Each State and jurisdiction
18 shall update the contingency plan established under
19 this subsection not less frequently than every 5
20 years.
21 (b) REQUIREMENTS RELATING TO SAFETY.—
22 (1) IN GENERAL.—The contingency plan estab-
23 lished under subsection (a) shall include initiatives
24 to provide equipment and resources needed to pro-
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25 tect the health and safety of voters, pollworkers, and
26 election workers when voting in person or by mail
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1 and throughout the election process, which shall in-
2 clude—
3 (A) the procurement and use of personal
4 protective equipment, sanitizing supplies and
5 equipment, disinfecting supplies and equipment,
6 disposable voting equipment, and the implemen-
7 tation of personal distancing guidelines; and
8 (B) the use or implementation of any other
9 equipment and protocols which health experts
10 have determined will protect the health and
11 safety of voters, pollworkers, and election work-
12 ers.
13 (2) MINIMUM PROTOCOLS.—The contingency
14 plan established under subsection (a) shall include
15 plans to implement relevant Centers for Disease
16 Control and Prevention guidance to protect the safe-
17 ty of voters, pollworkers, and election workers
18 throughout the entirety of the election process.
19 (c) REQUIREMENTS RELATING TO RECRUITMENT OF
20 POLL WORKERS.—The contingency plan established
21 under subsection (a) shall include initiatives by the chief
22 State election official and local election officials to recruit
23 poll workers for the November, 2020, general election and
24 subsequent elections from resilient or unaffected popu-
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25 lations, which may include—
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1 (1) other State and local government offices;
2 (2) high schools and colleges in the State for
3 the November, 2020, general election and in subse-
4 quent elections for Federal office in the case where
5 an infectious disease poses significant increased
6 health risks to elderly individuals and affects an
7 election for Federal office; and
8 (3) work-eligible non-citizens to satisfy the need
9 for bilingual poll workers, where language assistance
10 is required by law.
11 (d) REQUIREMENTS RELATING TO PUBLIC EDU-
12 CATION AND INFORMATION CAMPAIGNS.—The contin-
13 gency plan established under subsection (a) shall include
14 initiatives by the chief State election official and local elec-
15 tion officials to inform the public of all voting options and
16 election dates and counter any misinformation about vot-
17 ing options and election dates.
18 (e) PLAN FOR VOTERS TO BE ABLE TO REQUEST
19 ABSENTEE BALLOTS ONLINE AND VOTE BY MAIL.—The
20 contingency plan established under subsection (a) shall
21 permit all individuals who are registered to vote to—
22 (1) submit an online request for an absentee
23 ballot, which requirement is satisfied if the local,
24 county, or State election official’s website allows an
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1 absentee ballot request application to be completed
2 and submitted online and—
3 (A) an absentee ballot request application
4 to be printed for the voter to complete and
5 mail; or
6 (B) a voter to submit an online request for
7 a hard copy absentee ballot request application
8 to be mailed or emailed to the voter to complete
9 and mail;
10 (2) return completed absentee ballot requests to
11 designated drop off boxes which are accessible to all
12 voters on a nondiscriminatory basis, including voters
13 with disabilities, accessible by public transportation,
14 accessible during all hours of the day, and such con-
15 tingency plan shall ensure that there are sufficient
16 drop boxes in all communities, including rural com-
17 munities;
18 (3) cast a vote in elections for Federal office by
19 mail; and
20 (4) return completed absentee ballots by drop-
21 ping them off at designated locations before the
22 close of polls on the date of the election.
23 (f) STATE.—For purposes of this section, the term
24 ‘‘State’’ includes the District of Columbia, the Common-
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25 wealth of Puerto Rico, Guam, American Samoa, the
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1 United States Virgin Islands, and the Commonwealth of
2 the Northern Mariana Islands.
3 (g) ENFORCEMENT.—
4 (1) ATTORNEY GENERAL.—The Attorney Gen-
5 eral may bring a civil action against any State or ju-
6 risdiction in an appropriate United States District
7 Court for such declaratory and injunctive relief (in-
8 cluding a temporary restraining order, a permanent
9 or temporary injunction, or other order) as may be
10 necessary to carry out the requirements of this sec-
11 tion.
12 (2) PRIVATE RIGHT OF ACTION.—
13 (A) IN GENERAL.—In the case of a viola-
14 tion of this section, any person who is aggrieved
15 by such violation may provide written notice of
16 the violation to the chief election official of the
17 State involved.
18 (B) RELIEF.—If the violation is not cor-
19 rected within 20 days after receipt of a notice
20 under subparagraph (A), or within 5 days after
21 receipt of the notice if the violation occurred
22 within 120 days before the date of an election
23 for Federal office, the aggrieved person may, in
24 a civil action, obtain declaratory or injunctive
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25 relief with respect to the violation.
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1 (C) SPECIAL RULE.—If the violation oc-
2 curred within 5 days before the date of an elec-
3 tion for Federal office, the aggrieved person
4 need not provide notice to the chief election of-
5 ficial of the State involved under subparagraph
6 (A) before bringing a civil action under sub-
7 paragraph (B).
8 SEC. 3. REQUIREMENT TO ALLOW FOR EARLY VOTING AND
9 NO-EXCUSE ABSENTEE VOTING.
10 (a) REQUIREMENTS.—Title III of the Help America
11 Vote Act of 2002 (52 U.S.C. 21081) is amended by adding
12 at the end the following new subtitle:
13 ‘‘Subtitle C—Additional
14 Requirements
15 ‘‘SEC. 321. AVAILABILITY OF EARLY VOTING AND VOTING
16 BY MAIL.
17 ‘‘(a) IN GENERAL.—Each State and jurisdiction
18 shall, with respect to the 2020 general election occurring
19 on November 3, 2020, and each subsequent election for
20 Federal office—
21 ‘‘(1) allow individuals to vote in such election
22 prior to the date of the election through—
23 ‘‘(A) early voting which meets the require-
24 ments of subsection (b); and
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1 ‘‘(B) voting by mail which meets the re-
2 quirements of subsection (c);
3 ‘‘(2) publicize the details of any voting allowed
4 under paragraph (1);
5 ‘‘(3) comply with the absentee voting require-
6 ments of subsection (d);
7 ‘‘(4) comply with the ballot processing and
8 screening requirements of subsection (e); and
9 ‘‘(5) when applicable, comply with the special
10 rules in case of emergency periods under subsection
11 (f).
12 ‘‘(b) EARLY VOTING.—
13 ‘‘(1) IN GENERAL.—Early voting meets the re-
14 quirements of this subsection if—
15 ‘‘(A) such voting occurs—
16 ‘‘(i) for a 20-day period preceding the
17 date of the election so that such days con-
18 stitute consecutive weekdays and include at
19 least one weekend, which period may end
20 on a date chosen by the chief election offi-
21 cial of the State that is between the date
22 of the election and 4 days preceding such
23 date; and
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1 ‘‘(ii) for no less than 10 hours on
2 each of the 20 days such early voting oc-
3 curs; and
4 ‘‘(B) each early voting location in the
5 State makes ballot drop-off boxes available con-
6 sistent with section (c)(2) for voters to submit
7 their voted and sealed absentee ballots.
8 ‘‘(2) STANDARDS.—
9 ‘‘(A) IN GENERAL.—The Election Assist-
10 ance Commission shall issue standards for the
11 administration of voting in-person prior to the
12 scheduled date of an election for Federal office.
13 Such standards shall include the nondiscrim-
14 inatory geographic placement of polling places
15 at which such voting occurs.
16 ‘‘(B) DEVIATION.—The standards de-
17 scribed in subparagraph (A) shall permit
18 States, upon providing adequate public notice,
19 to deviate from any requirement in the case of
20 unforeseen circumstances such as a natural dis-
21 aster, terrorist attack, or a change in voter
22 turnout.
23 ‘‘(c) VOTING BY MAIL.—Voting by mail meets the re-
24 quirements of this subsection if—
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1 ‘‘(1) the State does not require an excuse in
2 order to obtain and cast a ballot by mail for any
3 election for Federal office;
4 ‘‘(2) the State makes ballot drop-off boxes
5 available at least 45 days prior to the date of an
6 election for Federal office and up until the close of
7 polls on the date of the election and ensures that
8 such ballot drop-off boxes are—
9 ‘‘(A) available to all voters on a non-dis-
10 criminatory basis;
11 ‘‘(B) accessible to voters with disabilities;
12 ‘‘(C) accessible—
13 ‘‘(i) by public transportation; and
14 ‘‘(ii) during all hours of the day; and
15 ‘‘(D) sufficiently available in all commu-
16 nities in the State, including rural communities
17 and on Tribal lands;
18 ‘‘(3) the State permits any eligible voter to sub-
19 mit an online request for an absentee ballot to vote
20 in an election for Federal office, which requirement
21 is satisfied if the local, county, or State election offi-
22 cial’s website allows an absentee ballot request appli-
23 cation to be completed and submitted online and
24 if—
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1 ‘‘(A) an absentee ballot request application
2 to be printed for the voter to complete and
3 mail; or
4 ‘‘(B) a voter is able to submit an online re-
5 quest via the internet to have a hard-copy ab-
6 sentee ballot request application mailed or e-
7 mailed to them to complete and mail;
8 ‘‘(4) the State sends an absentee ballot to vote
9 in an election for Federal office in the State by mail
10 to any eligible voter that submits a request for such
11 a ballot and that request is received by the appro-
12 priate election office on or before the date that is 5
13 days, not including weekend days, before the date of
14 such election, except that nothing in this paragraph
15 shall preclude a State or local jurisdiction from al-
16 lowing for the acceptance and processing of ballot
17 requests submitted or received after such required
18 period;
19 ‘‘(5) the State permits any eligible voter to have
20 the option to request an absentee ballot for subse-
21 quent elections on all absentee ballot requests;
22 ‘‘(6) the State does not require any form of
23 identification for an absentee ballot request;
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1 ‘‘(7) the State does not include any require-
2 ments for notarization or witness signature or other
3 formal authentication (other than voter attestation);
4 ‘‘(8) the State allows a voter to sign a voter at-
5 testation on a ballot by providing a mark or signa-
6 ture stamp or by providing a signature with the use
7 of an assistant due to age, self-certified disability, or
8 other need;
9 ‘‘(9) the State permits voters to submit an ab-
10 sentee ballot by dropping it off at designated loca-
11 tions before the close of polls on the date of the elec-
12 tion, including at any polling location on the date of
13 the election before the close of polls;
14 ‘‘(10) the State—
15 ‘‘(A) permits a voter to designate any per-
16 son to return a voted and sealed absentee ballot
17 to the post office, a ballot drop-off location,
18 tribally designated building, or election office
19 and that such person designated to return an
20 absentee ballot shall not receive any form of
21 compensation based on the number of ballots
22 that the person has returned and no individual,
23 group, or organization shall provide compensa-
24 tion on this basis; or
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1 ‘‘(B) does not put any limits on how many
2 voted and sealed absentee ballots any des-
3 ignated person can return to the post office, a
4 ballot drop off location, tribally designated
5 building, or election office;
6 ‘‘(11) the State permits any eligible voter that
7 submits a request for an absentee ballot to vote in
8 such election, but does not receive their absentee
9 ballot at least 2 days prior to election day to
10 download and mark at home an absentee ballot pro-
11 vided by the State pursuant to section 103C of the
12 Uniformed Overseas Citizens Absentee Voting Act or
13 section 322 of this Act; and
14 ‘‘(12) the State ensures that any voting mate-
15 rials (as defined in section 203 of the Voting Right
16 Act of 1965 (52 U.S.C. 10503)) provided for pur-
17 poses of voting by mail, including but not limited to
18 ballots and voter education materials, meet the lan-
19 guage requirements under such section 203.
20 ‘‘(d) DEADLINE REQUIREMENTS.—The requirements
21 described in this subsection are that a State shall count
22 a ballot submitted by an individual by mail with respect
23 to an election for Federal office in the State—
24 ‘‘(1) if it is postmarked, signed, or otherwise in-
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25 dicated by the United States Postal Service to have
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1 been mailed on or before the close of polls on the
2 date of the election; and
3 ‘‘(2) received by the appropriate State election
4 official on or before the date that is 10 days after
5 the date of such election.
6 ‘‘(e) BALLOT PROCESSING AND SCANNING REQUIRE-
7 MENTS.—
8 ‘‘(1) IN GENERAL.—The requirement described
9 in this subsection is that the State begins processing
10 and scanning ballots cast during early voting or
11 through vote by mail for tabulation at least 14 days
12 prior to election day.
13 ‘‘(2) LIMITATION.—Nothing in this subsection
14 shall allow for the tabulation of ballots before the
15 close of polls on the date of the election.
16 ‘‘(f) SPECIAL RULES IN CASE OF EMERGENCY PERI-
17 ODS.—
18 ‘‘(1) AUTOMATIC MAILING OF ABSENTEE BAL-
19 LOTS TO ALL VOTERS.—If the area in which an elec-
20 tion is held is in an area in which an emergency or
21 disaster which is described in subparagraph (A) or
22 (B) of section 1135(g)(1) of the Social Security Act
23 (42 U.S.C. 1320b–5(g)(1)) is declared during the
24 period described in paragraph (3) not later than 2
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25 weeks before the date of the election, the appropriate
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1 State or local election official shall transmit by mail
2 absentee ballots and balloting materials for the elec-
3 tion to all individuals who are registered to vote in
4 such election or, in the case of any State that does
5 not register voters, all individuals who are in the
6 State’s central voter file (or if the State does not
7 keep a central voter file, to all individuals who are
8 eligible to vote in such election) in a manner con-
9 sistent with all applicable laws, including section 203
10 of the Voting Right Act of 1965 (52 U.S.C. 10503).
11 ‘‘(2) AFFIRMATION.—If an individual receives
12 an absentee ballot from a State or local election offi-
13 cial pursuant to paragraph (1) and returns the voted
14 ballot to the official, the ballot shall not be counted
15 in the election unless the individual includes with the
16 ballot a signed affirmation that—
17 ‘‘(A) the individual has not and will not
18 cast another ballot with respect to the election;
19 and
20 ‘‘(B) acknowledges that a material
21 misstatement of fact in completing the ballot
22 may constitute grounds for conviction of per-
23 jury.
24 ‘‘(3) PERIOD DESCRIBED.—The period de-
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25 scribed in this paragraph with respect to an election
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1 is the period which begins 120 days before the date
2 of the election and ends 30 days before the date of
3 the election.
4 ‘‘(4) APPLICATION TO NOVEMBER 2020 GEN-
5 ERAL ELECTION.—Because of the public health
6 emergency declared pursuant to section 319 of the
7 Public Health Service Act (42 U.S.C. 247d) result-
8 ing from the COVID–19 pandemic, the special rules
9 set forth in this subsection shall apply with respect
10 to the regularly scheduled general election for Fed-
11 eral office held in November 2020 in each State.
12 ‘‘(g) STATE.—For purposes of this section, the term
13 ‘State’ includes the District of Columbia, the Common-
14 wealth of Puerto Rico, Guam, American Samoa, the
15 United States Virgin Islands, and the Commonwealth of
16 the Northern Mariana Islands.’’.
17 (b) CONFORMING AMENDMENT RELATING TO EN-
18 FORCEMENT.—Section 401 of such Act (52 U.S.C. 21111)
19 is amended by striking ‘‘and 303’’ and inserting ‘‘303, and
20 subtitle C of title III’’.
21 (c) PRIVATE RIGHT OF ACTION.—Title IV of the
22 Help America Vote Act of 2002 (52 U.S.C. 21111 et seq.)
23 is amended by adding at the end the following new section:
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1 ‘‘SEC. 403. PRIVATE RIGHT OF ACTION FOR VIOLATIONS OF
2 NATURAL DISASTER AND EMERGENCY BAL-
3 LOT ACT OF 2020.
4 ‘‘(a) IN GENERAL.—In the case of a violation of sub-
5 title C of title III, section 402 shall not apply and any
6 person who is aggrieved by such violation may provide
7 written notice of the violation to the chief election official
8 of the State involved.
9 ‘‘(b) RELIEF.—If the violation is not corrected within
10 20 days after receipt of a notice under subsection (a), or
11 within 5 days after receipt of the notice if the violation
12 occurred within 120 days before the date of an election
13 for Federal office, the aggrieved person may, in a civil ac-
14 tion, obtain declaratory or injunctive relief with respect
15 to the violation.
16 ‘‘(c) SPECIAL RULE.—If the violation occurred within
17 5 days before the date of an election for Federal office,
18 the aggrieved person need not provide notice to the chief
19 election official of the State involved under subsection (a)
20 before bringing a civil action under subsection (b).’’.
21 (d) CONFORMING AMENDMENT RELATING TO VOL-
22 UNTARY GUIDANCE BY ELECTION ASSISTANCE COMMIS-
23 SION.—Section 311(b) of such Act (52 U.S.C. 21101) is
24 amended—
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25 (1) in paragraph (2), by striking ‘‘and’’;
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1 (2) in paragraph (3), by striking the period at
2 the end and inserting ‘‘; and’’; and
3 (3) by adding at the end the following:
4 ‘‘(4) in the case of the recommendations with
5 respect to subtitle C, 1 year after the date of enact-
6 ment of the Natural Disaster and Emergency Ballot
7 Act of 2020.’’.
8 (e) CLERICAL AMENDMENTS.—The table of contents
9 of such Act is amended—
10 (1) by inserting after the item relating to sec-
11 tion 312 the following:
‘‘Subtitle C—Additional Requirements
‘‘Sec. 321. Availability of early voting and voting by mail.’’;
12 and
13 (2) by inserting after the item relating to sec-
14 tion 402 the following:
‘‘Sec. 403. Private right of action for violations of Natural Disaster and Emer-
gency Ballot Act of 2020.’’.
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1 SEC. 4. USE OF DOWNLOADABLE AND PRINTABLE ABSEN-
2 TEE BALLOTS PROVIDED BY STATES UNDER
3 UOCAVA FOR VOTERS WITH DISABILITIES
4 AND THOSE WHO HAVE NOT RECEIVED A
5 BALLOT TO VOTE IN 2020 GENERAL ELEC-
6 TION AND SUBSEQUENT FEDERAL ELEC-
7 TIONS UNTIL DOMESTIC DOWNLOADABLE
8 AND PRINTABLE BALLOT PRESCRIBED BY
9 EAC IS AVAILABLE.
10 (a) IN GENERAL.—The Uniformed and Overseas
11 Citizens Absentee Voting Act (52 U.S.C. 20301 et seq.)
12 is amended by inserting after section 103B the following
13 new section:
14 ‘‘SEC. 103C. USE OF DOWNLOADABLE AND PRINTABLE AB-
15 SENTEE BALLOTS PROVIDED UNDER UOCAVA
16 FOR VOTERS WITH DISABILITIES AND THOSE
17 WHO HAVE NOT RECEIVED A BALLOT TO
18 VOTE IN 2020 GENERAL ELECTION AND SUB-
19 SEQUENT FEDERAL ELECTIONS UNTIL DO-
20 MESTIC DOWNLOADABLE AND PRINTABLE
21 BALLOT PRESCRIBED BY EAC IS AVAILABLE.
22 ‘‘(a) IN GENERAL.—
23 ‘‘(1) STATE RESPONSIBILITIES.—Each State
24 shall, with respect to the 2020 general election oc-
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25 curring on November 3, 2020, and subsequent elec-
26 tions for Federal office (until such time as the Elec-
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1 tion Assistance Commission prescribes a domestic
2 downloadable and printable ballot for use in elec-
3 tions for Federal office pursuant to section 297 of
4 the Help America Vote Act of 2002), permit quali-
5 fied individuals to use downloadable and printable
6 absentee ballots transmitted by the State in the
7 same manner and under the same terms and condi-
8 tions under which the State transmits such ballots
9 to absent uniformed services voters and overseas vot-
10 ers under the provisions of section 102(f) to vote in
11 such election.
12 ‘‘(2) REQUIREMENTS.—Such downloadable and
13 printable absentee ballots—
14 ‘‘(A) must comply with the language re-
15 quirements under section 203 of the Voting
16 Rights Act of 1965 (52 U.S.C. 10503); and
17 ‘‘(B) must comply with the disability re-
18 quirements under section 508 of the Rehabilita-
19 tion Act of 1973 (29 U.S.C. 794d).
20 ‘‘(3) APPLICATION OF REQUIREMENTS.—The
21 provisions of section 103 shall apply with respect to
22 the use of such downloadable and printable absentee
23 ballots by qualified individuals pursuant to this sec-
24 tion in the same manner as such provisions apply
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25 with respect to the use of such ballots by absent uni-
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1 formed services voters and overseas voters pursuant
2 to section 103.
3 ‘‘(4) CLARIFICATION REGARDING FREE POST-
4 AGE.—Such downloadable and printable absentee
5 ballots of qualified individuals pursuant to this sec-
6 tion shall be considered balloting materials as de-
7 fined in section 107 for purposes of section 3406 of
8 title 39, United States Code.
9 ‘‘(5) PROHIBITING REFUSAL TO ACCEPT BAL-
10 LOT FOR FAILURE TO MEET CERTAIN REQUIRE-
11 MENTS.—A State shall not refuse to accept and
12 process any otherwise valid downloadable and print-
13 able absentee ballot submitted in any manner by a
14 qualified individual solely on the basis of the fol-
15 lowing:
16 ‘‘(A) Notarization or witness signature re-
17 quirements.
18 ‘‘(B) Restrictions on paper type, including
19 weight and size.
20 ‘‘(C) Restrictions on envelope type, includ-
21 ing weight and size.
22 ‘‘(b) QUALIFIED INDIVIDUAL.—For purposes of this
23 section:
24 ‘‘(1) IN GENERAL.—Except as provided in para-
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25 graph (2), the term ‘qualified individual’ means any
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1 individual who is otherwise qualified to vote in an
2 election for Federal office and who—
3 ‘‘(A)(i) has requested an absentee ballot
4 from the State or jurisdiction where such indi-
5 vidual is registered to vote; and
6 ‘‘(ii) has not received such absentee ballot
7 at least 2 days before the date of the election;
8 ‘‘(B) expects to be absent from such indi-
9 vidual’s jurisdiction on the day of the election
10 for Federal office due to professional or volun-
11 teer service in response to a natural disaster or
12 emergency as so declared;
13 ‘‘(C) is hospitalized or expects to be hos-
14 pitalized on the day of the election for Federal
15 office; or
16 ‘‘(D) is an individual with a disability (as
17 defined in section 3 of the Americans with Dis-
18 abilities Act of 1990 (42 U.S.C. 12102)) and
19 resides in a state which does not offer voters
20 the ability to use secure and accessible remote
21 ballot marking.
22 For purposes of subparagraph (D), a State shall
23 permit an individual to self-certify that the indi-
24 vidual is an individual with a disability.
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1 ‘‘(2) COORDINATION WITH FEDERAL WRITE-IN
2 BALLOT FOR ABSENT UNIFORMED SERVICES AND
3 OVERSEAS VOTERS.—The term ‘qualified individual’
4 shall not include an individual who—
5 ‘‘(A) is an absent uniformed services voter
6 or an overseas voter; and
7 ‘‘(B) is entitled to vote using the Federal
8 write-in absentee ballot prescribed under section
9 103.
10 ‘‘(c) STATE.—For purposes of this section, the term
11 ‘State’ includes the District of Columbia, the Common-
12 wealth of Puerto Rico, Guam, American Samoa, the
13 United States Virgin Islands, and the Commonwealth of
14 the Northern Mariana Islands.’’.
15 (b) CONFORMING AMENDMENT.—Section 102(a) of
16 the Uniformed and Overseas Citizens Absentee Voting Act
17 (52 U.S.C. 20302(a)) is amended by striking ‘‘and’’ at
18 the end of paragraph (10), by striking the period at the
19 end of paragraph (11) and inserting ‘‘; and’’, and by add-
20 ing at the end the following new paragraph:
21 ‘‘(12) meet the requirements of section 103C
22 with respect to use of downloadable and printable
23 absentee ballots for qualified individuals to vote in
24 the 2020 general election.’’.
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1 (c) CLERICAL AMENDMENTS.—The table of contents
2 of such Act is amended by inserting the following after
3 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 qualified individuals to vote in 2020 general elec-
tion.’’.
4 SEC. 5. DOWNLOADABLE AND PRINTABLE ABSENTEE BAL-
5 LOT FOR DOMESTIC USE BY VOTERS WITH
6 DISABILITIES AND IN EMERGENCIES START-
7 ING IN 2022.
8 (a) STATE REQUIREMENT.—
9 (1) IN GENERAL.—Subtitle C of title III of the
10 Help America Vote Act of 2002, as added by section
11 3, is amended by adding at the end the following
12 new section:
13 ‘‘SEC. 322. USE OF DOMESTIC DOWNLOADABLE AND PRINT-
14 ABLE ABSENTEE BALLOT.
15 ‘‘(a) STATE REQUIREMENT.—
16 ‘‘(1) IN GENERAL.—Each State shall permit
17 qualified individuals to use a downloadable and
18 printable absentee ballot prescribed by the Election
19 Assistance Commission under section 297 to cast a
20 vote in any election for Federal office.
21 ‘‘(2) REQUIREMENTS.—Such downloadable and
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22 printable absentee ballots—
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1 ‘‘(A) must comply with the language re-
2 quirements under section 203 of the Voting
3 Rights Act of 1965 (52 U.S.C. 10503); and
4 ‘‘(B) must comply with the disability re-
5 quirements under section 508 of the Rehabilita-
6 tion Act of 1973 (29 U.S.C. 794d).
7 ‘‘(b) QUALIFIED INDIVIDUAL.—For purposes of this
8 section:
9 ‘‘(1) IN GENERAL.—Except as provided in para-
10 graph (2), the term ‘qualified individual’ means any
11 individual who is otherwise qualified to vote in an
12 election for Federal office and who—
13 ‘‘(A)(i) has requested an absentee ballot
14 from the State or jurisdiction where such indi-
15 vidual is registered to vote; and
16 ‘‘(ii) has not received such absentee ballot
17 at least 2 days before the date of the election;
18 ‘‘(B)(i) resides in an area of a State with
19 respect to which an emergency or public health
20 emergency has been declared by the Governor
21 or chief government official of the State or chief
22 government official of an area, 5 days or less
23 before election day under the laws of the State
24 due to reasons including, but not limited to—
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1 ‘‘(I) a natural disaster, including se-
2 vere weather; or
3 ‘‘(II) an infectious disease; and
4 ‘‘(ii) has not requested an absentee ballot;
5 ‘‘(C) expects to be absent from such indi-
6 vidual’s jurisdiction on the day of the election
7 for Federal office due to professional or volun-
8 teer service in response to a natural disaster or
9 emergency as so declared;
10 ‘‘(D) is hospitalized or expects to be hos-
11 pitalized on the day of the election for Federal
12 office; or
13 ‘‘(E) is an individual with a disability (as
14 defined in section 3 of the Americans with Dis-
15 abilities Act of 1990 (42 U.S.C. 12102)) and
16 resides in a State which does not offer voters
17 the ability to use secure and accessible remote
18 ballot marking.
19 For purposes of subparagraph (E), a State shall
20 permit an individual to self-certify that the indi-
21 vidual is an individual with a disability.
22 ‘‘(2) COORDINATION WITH FEDERAL WRITE-IN
23 BALLOT FOR ABSENT UNIFORMED SERVICES AND
24 OVERSEAS VOTERS.—The term ‘qualified individual’
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25 shall not include an individual who—
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1 ‘‘(A) is an absent uniformed services voter
2 (as defined in section 107(1) of the Uniformed
3 and Overseas Citizens Absentee Voting Act (52
4 U.S.C. 20310(1))) or an overseas voter (as de-
5 fined in section 107(5) of such Act (52 U.S.C.
6 20310(5))); and
7 ‘‘(B) who is entitled to vote using the Fed-
8 eral write-in absentee ballot developed under
9 section 103 of such Act (52 U.S.C. 20303).
10 ‘‘(c) SUBMISSION AND PROCESSING.—
11 ‘‘(1) IN GENERAL.—Except as otherwise pro-
12 vided in this section, a domestic downloadable and
13 printable absentee ballot to which this section ap-
14 plies shall be submitted and processed in the manner
15 provided by law for absentee ballots in the State in-
16 volved.
17 ‘‘(2) DEADLINE.—An otherwise eligible national
18 Federal write-in absentee ballot to which this section
19 applies shall be counted—
20 ‘‘(A) if it is postmarked, signed, or other-
21 wise indicated by the United States Postal
22 Service to have been mailed on or before the
23 close of polls on the date of the election; and
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1 ‘‘(B) received by the appropriate State
2 election official on or before the date that is 10
3 days after the date of such election.
4 ‘‘(d) SPECIAL RULES.—The following rules shall
5 apply with respect to domestic printable and downloadable
6 absentee ballots to which this section applies:
7 ‘‘(1) In completing the ballot, the voter may
8 designate a candidate by writing in the name of the
9 candidate or by writing in the name of a political
10 party (in which case the ballot shall be counted for
11 the candidate of that political party).
12 ‘‘(2) In the case of the offices of President and
13 Vice President, a vote for a named candidate or a
14 vote by writing in the name of a political party shall
15 be counted as a vote for the electors supporting the
16 candidate involved.
17 ‘‘(3) Any abbreviation, misspelling, or other
18 minor variation in the form of the name of a can-
19 didate or a political party shall be disregarded in de-
20 termining the validity of the ballot.
21 ‘‘(e) PROHIBITING REFUSAL TO ACCEPT BALLOT
22 FOR FAILURE TO MEET CERTAIN REQUIREMENTS.—A
23 State shall not refuse to accept and process any otherwise
24 valid Federal write-in absentee ballot submitted in any
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1 manner by a qualified individual solely on the basis of the
2 following:
3 ‘‘(1) Notarization and witness signature re-
4 quirements.
5 ‘‘(2) Restrictions on paper type, including
6 weight and size.
7 ‘‘(3) Restrictions on envelope type, including
8 weight and size.
9 ‘‘(f) STATE.—For purposes of this section, the term
10 ‘State’ includes the District of Columbia, the Common-
11 wealth of Puerto Rico, Guam, American Samoa, the
12 United States Virgin Islands, and the Commonwealth of
13 the Northern Mariana Islands.
14 ‘‘(g) EFFECTIVE DATE.—Each State shall be re-
15 quired to comply with the requirements of this section on
16 and after January 1, 2022.’’.
17 (2) CLERICAL AMENDMENT.—The table of con-
18 tents for such Act is amended by inserting after the
19 item relating to section 321, as added by section 3,
20 the following:
‘‘Sec. 322. Use of domestic downloadable and printable absentee ballot.’’.
21 (b) FORM OF DOMESTIC PRINTABLE AND
22 DOWNLOADABLE ABSENTEE BALLOT.—
23 (1) IN GENERAL.—Title II of the Help America
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24 Vote Act of 2002 (52 U.S.C. 20921) is amended by
25 adding at the end the following new subtitle:
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1 ‘‘PART VII—DOWNLOADABLE AND PRINTABLE
2 ABSENTEE BALLOT FOR DOMESTIC USE
3 ‘‘SEC. 297. DOWNLOADABLE AND PRINTABLE ABSENTEE
4 BALLOT FOR DOMESTIC USE.
5 ‘‘(a) FORM OF BALLOT.—
6 ‘‘(1) IN GENERAL.—The Commission shall pre-
7 scribe a domestic downloadable and printable ballot
8 (including a secrecy envelope and mailing envelope
9 for such ballot) for use in elections for Federal office
10 by qualified individuals (as defined in section
11 322(b)).
12 ‘‘(2) AFFIRMATION.—The ballot prescribed
13 under paragraph (1) shall contain an affirmation,
14 signed by the person submitting the ballot, that—
15 ‘‘(A) such individual is a qualified indi-
16 vidual (as defined in section 322(b));
17 ‘‘(B) such individual has not and will not
18 cast another ballot with respect to the election
19 for which the domestic downloadable and print-
20 able absentee ballot is cast; and
21 ‘‘(C) acknowledging that a material
22 misstatement of fact in completing the ballot
23 may constitute grounds for conviction of per-
24 jury.
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1 ‘‘(b) AVAILABILITY.—The Commission shall make
2 the domestic downloadable and printable absentee ballot
3 available on the internet in a printable format.’’.
4 ‘‘(c) REQUIREMENTS.—The domestic downloadable
5 and printable absentee ballot shall be compliant with sec-
6 tion 508 of the Rehabilitation Act of 1973 (29 U.S.C.
7 794d) and shall not transmit the information completed
8 by a voter over the internet.’’.
9 (2) CONFORMING AMENDMENTS.—
10 (A) Section 202 of the Help America Vote
11 Act of 2002 (52 U.S.C. 20922) is amended by
12 redesignating paragraphs (5) and (6) as para-
13 graphs (6) and (7), respectively, and by insert-
14 ing after paragraph (4) the following new para-
15 graph:
16 ‘‘(5) carrying out the duties described in part
17 VII (relating to downloadable and printable absentee
18 ballot for domestic use);’’.
19 (B) The table of contents for such Act is
20 amended by inserting after the item related to
21 section 296 the following:
‘‘PART VII—DOWNLOADABLE AND PRINTABLE ABSENTEE BALLOT FOR
DOMESTIC USE
‘‘Sec. 297. Downloadable and printable absentee ballot for domestic use.’’.
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1 SEC. 6. REQUIREMENT FOR PREPAID RETURN ENVELOPES
2 FOR ABSENTEE BALLOTS; USE OF INTEL-
3 LIGENT MAIL BARCODE.
4 (a) IN GENERAL.—Subtitle C of title III of the Help
5 America Vote Act of 2002, as added by section 3 and
6 amended by section 5, is amended by adding at the end
7 the following new section:
8 ‘‘SEC. 323. USE OF PREPAID SELF-SEALING RETURN ENVE-
9 LOPES.
10 ‘‘(a) IN GENERAL.—Each State and local jurisdiction
11 shall provide with any voter registration application, ab-
12 sentee ballot application, or blank absentee ballot sent by
13 mail a self-sealing return envelope, where possible, with
14 prepaid postage or subject to an arrangement whereby the
15 State will reimburse the United States Postal Service for
16 the postage of any such return envelope that is sent by
17 mail.
18 ‘‘(b) USE OF INTELLIGENT MAIL BARCODE FOR THE
19 2020 GENERAL ELECTION AND UNTIL BALLOTING MA-
20 TERIALS STATUS UPDATE SERVICE IMPLEMENTED.—For
21 the 2020 general election and subsequent elections for
22 Federal office (until such time as a State implements a
23 balloting materials status update service which meets the
24 requirements described in section 7(a)(2) of the Natural
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25 Disaster and Emergency Ballot Act of 2020), unless a
26 State or jurisdiction has developed a system that enables
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1 voters to track their absentee ballot through the mail, each
2 State and jurisdiction shall provide with each absentee bal-
3 lot sent by mail a self-sealing return envelope pursuant
4 to subsection (a) that contains an Intelligent Mail barcode
5 as prescribed by the United States Postal Service.
6 ‘‘(c) STATE.—For purposes of this section, the term
7 ‘State’ includes the District of Columbia, the Common-
8 wealth of Puerto Rico, Guam, American Samoa, the
9 United States Virgin Islands, and the Commonwealth of
10 the Northern Mariana Islands.
11 ‘‘(d) EFFECTIVE DATE.—The requirements of this
12 section shall apply to materials sent by States and local
13 jurisdictions after the date that is 60 days after the date
14 of the enactment of this Act.’’.
15 (b) CLERICAL AMENDMENT.—The table of contents
16 of such Act is amended by inserting after the item relating
17 to section 322, as added by section 5, the following new
18 item:
‘‘Sec. 323. Use of prepaid self-sealing return envelopes.’’.
19 SEC. 7. DEVELOPMENT OF A SECURE FEDERAL PORTAL TO
20 ALLOW ELECTION OFFICIALS TO PROVIDE
21 VOTERS WITH UPDATES ON THEIR BALLOTS.
22 (a) BALLOTING MATERIALS STATUS UPDATE SERV-
23 ICE.—
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24 (1) IN GENERAL.—Not later than January 1,
25 2024, the Director of the Cybersecurity and Infra-
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1 structure Security Agency, in consultation with the
2 Chair of the Election Assistance Commission, the
3 Postmaster General, the Director of the General
4 Services Administration, the Presidential designee,
5 and State election officials, shall establish a balloting
6 materials status update service to be used by States
7 and local jurisdictions to inform voters on the status
8 of voter registration applications, absentee ballot ap-
9 plications, and absentee ballots.
10 (2) INFORMATION TRACKED.—The balloting
11 materials status update service established under
12 paragraph (1) shall provide to a voter the following
13 information with respect to that voter:
14 (A) In the case of balloting materials sent
15 by mail, tracking information from the United
16 States Post Office and the Presidential designee
17 on balloting materials sent to the voter and, to
18 the extent feasible, returned by the voter.
19 (B) The date on which any request by the
20 voter for an application for voter registration or
21 an absentee ballot was received.
22 (C) The date on which any such requested
23 application was sent to the voter.
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1 (D) The date on which any such completed
2 application was received from the voter and the
3 status of such application.
4 (E) The date on which any absentee ballot
5 was sent to the voter.
6 (F) The date on which any absentee ballot
7 was received by the voter.
8 (G) The date on which the post office proc-
9 esses the absentee ballot.
10 (H) The date on which post office deliv-
11 ered the absentee ballot to the election office.
12 (I) Whether such ballot was accepted and
13 counted, and in the case of any ballot not
14 counted, the reason why the ballot was not
15 counted.
16 (3) METHOD OF PROVIDING INFORMATION.—
17 The balloting materials status update service estab-
18 lished under paragraph (1) shall allow voters the op-
19 tion to receive the information described in para-
20 graph (2) through email (or other electronic means)
21 or through the mail.
22 (4) PROHIBITION ON FEES.—The Director may
23 not charge any fee to a State or jurisdiction for use
24 of the balloting materials status update service in
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25 connection with any Federal, State, or local election.
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1 (5) AUTHORIZATION OF APPROPRIATIONS.—
2 There are authorized to be appropriated to the Di-
3 rector such sums as are necessary for purposes of
4 carrying out this subsection.
5 (b) REQUIRED USE FOR ABSENT UNIFORMED SERV-
6 ICE VOTERS AND OVERSEAS VOTERS.—
7 (1) IN GENERAL.—Section 102(a) of the Uni-
8 formed and Overseas Citizens Absentee Voting Act
9 (52 U.S.C. 20302(a)), as amended by section 4(b),
10 is amended by striking ‘‘and’’ at the end of para-
11 graph (11), by striking the period at the end of
12 paragraph (12) and inserting ‘‘; and’’, and by add-
13 ing at the end the following new paragraph:
14 ‘‘(13) use the balloting materials status update
15 service developed under section 7(a) of the Natural
16 Disaster and Emergency Ballot Act of 2020 to in-
17 form absent uniformed services voters and overseas
18 voters on the status of voter registration applica-
19 tions, absentee ballot applications, and absentee bal-
20 lots used in elections for Federal office.’’.
21 (2) CONFORMING AMENDMENT.—Section 102
22 of such Act (52 U.S.C. 20302) is amended by strik-
23 ing subsection (h).
24 (3) EFFECTIVE DATE.—The amendments made
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25 by this subsection shall apply to elections for Fed-
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1 eral office occurring after the date that is 1 year
2 after the date on which the Director of the Cyberse-
3 curity and Infrastructure Security Agency certifies
4 that the service described in subsection (a) is oper-
5 ational.
6 (c) REQUIRED USE UNDER HELP AMERICA VOTE
7 ACT.—
8 (1) IN GENERAL.—Section 321(a) of the Help
9 American Vote Act of 2002, as added by section 3,
10 is amended by striking ‘‘and’’ at the end of para-
11 graph (3), by striking the period at the end of para-
12 graph (4) and inserting ‘‘; and’’, and by adding at
13 the end the following new paragraph:
14 ‘‘(5) use the balloting materials status update
15 service developed under section 7(a) of the Natural
16 Disaster and Emergency Ballot Act of 2020 to pro-
17 vide eligible voters and qualified individuals (as de-
18 fined in section 322(b) of this Act) information re-
19 garding the status of voter registration applications,
20 absentee ballot applications, and absentee ballots
21 used in elections for Federal office, except that any
22 State or jurisdiction which has developed a balloting
23 materials status update system which meets the re-
24 quirements of paragraph (2) of such section 7(a)
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1 (relating to information tracked) may continue to
2 use such system.’’.
3 (2) EFFECTIVE DATE.—The amendments made
4 by this subsection shall apply to elections for Fed-
5 eral office occurring after the date that is 1 year
6 after the date on which the Director of the Cyberse-
7 curity and Infrastructure Security Agency certifies
8 that the service described in subsection (a) is oper-
9 ational.
10 (d) AVAILABILITY TO DEPARTMENT OF DEFENSE.—
11 The Cybersecurity and Infrastructure Security Agency
12 may make the balloting materials status update service
13 available to the Department of Defense to administer and
14 implement to absent uniformed services voters and over-
15 seas voters pursuant to the Uniformed Overseas and Citi-
16 zens Absentee Voting Act (52 U.S.C. 20301 et seq.).
17 (e) REIMBURSEMENTS TO STATES.—
18 (1) FOR USE WITH RESPECT TO BALLOTING
19 MATERIALS OF ABSENT UNIFORMED SERVICE VOT-
20 ERS AND OVERSEAS VOTERS.—
21 (A) IN GENERAL.—The Uniformed and
22 Overseas Citizens Absentee Voting Act (52
23 U.S.C. 20301 et seq.) is amended by inserting
24 after section 103C, as added by section 4(a),
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25 the following new section:
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1 ‘‘SEC. 103D. REIMBURSEMENTS FOR USE OF BALLOTING
2 MATERIALS STATUS UPDATE SERVICE.
3 ‘‘(a) IN GENERAL.—The Presidential designee shall
4 make payments to each State and local jurisdiction equal
5 to the costs to the State or local jurisdiction of using the
6 balloting materials status update service under section
7 7(a) of the Natural Disaster and Emergency Ballot Act
8 of 2020 with respect to balloting materials of absent uni-
9 formed services and overseas voters.
10 ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There
11 are authorized to be appropriated to the Presidential des-
12 ignee such sums as are necessary for carrying out this sec-
13 tion, to remain available without fiscal year limitation.’’.
14 (B) CONFORMING AMENDMENT.—Section
15 101(b) of the Uniformed and Overseas Citizens
16 Absentee Voting Act (52 U.S.C. 20301(b)) is
17 amended by striking ‘‘and’’ at the end of para-
18 graph (10), by striking the period at the end of
19 paragraph (11) and inserting ‘‘; and’’, and by
20 adding at the end the following new paragraph:
21 ‘‘(12) make payments to States in accordance
22 with section 103D.’’.
23 (C) CLERICAL AMENDMENT.—The table of
24 contents of such Act is amended by inserting
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25 after the item relating to section 103, as added
26 by section 4(c), the following new item:
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‘‘Sec. 103D. Reimbursements for use of balloting materials status update serv-
ice.’’.
1 (2) FOR USE WITH RESPECT TO BALLOTING
2 MATERIALS OF DOMESTIC VOTERS.—
3 (A) IN GENERAL.—Subtitle D of title II of
4 the Help America Vote Act of 2002 (52 U.S.C.
5 21001 et seq.), as amended by section 5(b), is
6 amended by adding at the end the following:
7 ‘‘PART VIII—REIMBURSEMENTS FOR USE OF BAL-
8 LOTING MATERIALS STATUS UPDATE SERV-
9 ICE
10 ‘‘SEC. 298. REIMBURSEMENTS FOR USE OF BALLOTING MA-
11 TERIALS STATUS UPDATE SERVICE.
12 ‘‘(a) IN GENERAL.—The Commission shall make pay-
13 ments to each State and local jurisdiction equal to the
14 costs to the State or local jurisdiction of using the ballot
15 material update service under section 7(a) of the Natural
16 Disaster and Emergency Ballot Act of 2020 with respect
17 to balloting materials of voters (other than balloting mate-
18 rials of absent uniformed services and overseas voters for
19 which the State is eligible for payment under section 103D
20 of the Uniformed and Overseas Citizens Absentee Voting
21 Act) for which States or jurisdictions elect to use such
22 tracking service.
23 ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There
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24 are authorized to be appropriated to the Commission such
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1 sums as are necessary for carrying out this section, to re-
2 main available without fiscal year limitation.’’.
3 (B) CONFORMING AMENDMENTS.—
4 (i) Section 202 of the Help America
5 Vote Act of 2002 (52 U.S.C. 20922), as
6 amended by section 5(b), is amended by
7 redesignating paragraphs (6) and (7) as
8 paragraphs (7) and (8), respectively, and
9 by inserting after paragraph (5) the fol-
10 lowing new paragraph:
11 ‘‘(6) carrying out the duties described in part
12 VIII (relating to balloting materials status update
13 reimbursements);’’.
14 (ii) The table of contents for such Act
15 is amended by inserting after the item re-
16 lated to section 297 the following:
‘‘PART VIII—REIMBURSEMENTS FOR USE OF BALLOTING MATERIALS
STATUS UPDATE SERVICE
‘‘Sec. 298. Reimbursements for use of balloting materials status update serv-
ice.’’.
17 SEC. 8. NOTICE AND CURE PROCESS REQUIRED FOR MIS-
18 MATCHED SIGNATURES ON MAIL-IN AND
19 PROVISIONAL BALLOTS.
20 (a) IN GENERAL.—Subtitle C of title III of the Help
21 America Vote Act of 2002, as added by section 3 and
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22 amended by sections 5 and 6, is amended by adding at
23 the end the following new section:
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1 ‘‘SEC. 324. SIGNATURE MISMATCH ON BALLOT SUBMITTED
2 BY MAIL OR PROVISIONAL BALLOT.
3 ‘‘(a) COVERED STATE DEFINED.—
4 ‘‘(1) IN GENERAL.—Subject to paragraph (2),
5 in this section, the term ‘covered State’ means a
6 State in which, under State law, a ballot submitted
7 by mail or a provisional ballot is not counted as a
8 vote in an election for Federal office unless the State
9 verifies the signature of the individual who sub-
10 mitted such ballot by comparing the signature on
11 the envelope containing such ballot or a document
12 accompanying such ballot and the signature of such
13 individual on the official list of registered voters in
14 the State or other official record, or other document.
15 ‘‘(2) EXCEPTION FOR CERTAIN STATES.—Such
16 term shall not include a State which conducted a
17 Federal election entirely through vote by mail prior
18 to 2020.
19 ‘‘(b) NOTICE REQUIRED.—
20 ‘‘(1) IN GENERAL.—If an individual submits a
21 ballot by mail or a provisional ballot in an election
22 for Federal office in a covered State, and the appro-
23 priate State or local election official determines that
24 a discrepancy exists between the signature on the
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25 envelope containing such ballot or a document ac-
26 companying such ballot used to verify the signature
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1 and the signature of such individual on the official
2 list of registered voters in the State or other official
3 record, or other document used by the State to
4 verify the signatures of voters, such election official,
5 prior to making a final determination as to the va-
6 lidity of such ballot, shall make a good faith effort
7 to immediately notify such individual that—
8 ‘‘(A) a discrepancy exists between the sig-
9 nature on the envelope containing such ballot or
10 a document accompanying such ballot used to
11 verify the signature and the signature of such
12 individual on the official list of registered voters
13 in the State or other official record, or other
14 document used by the State to verify the signa-
15 tures of voters;
16 ‘‘(B) such individual may provide informa-
17 tion to cure such discrepancy in accordance
18 with the procedures established pursuant to
19 subsection (c)(1)(A); and
20 ‘‘(C) if such discrepancy is not cured, such
21 ballot will not be counted.
22 ‘‘(2) FORM OF NOTICE.—An election official
23 shall provide the notice required by paragraph (1)
24 within 10 calendar days of the determination that a
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1 discrepancy exists by mail and at least one of the
2 following methods:
3 ‘‘(A) Phone.
4 ‘‘(B) Electronic mail.
5 ‘‘(C) Text message.
6 ‘‘(3) NO EFFECT ON OTHER NOTICE REQUIRE-
7 MENTS RELATED TO PROVISIONAL BALLOTS.—In the
8 case of an individual who submits a provisional bal-
9 lot, the requirements of this subsection shall be in
10 addition to the requirements applicable to such an
11 individual under section 302(a).
12 ‘‘(c) OPPORTUNITY TO CURE.—
13 ‘‘(1) ESTABLISHMENT OF PROCEDURES.—A
14 covered State shall establish uniform and non-dis-
15 criminatory procedures—
16 ‘‘(A) to allow an individual to whom notice
17 is provided under subsection (b)—
18 ‘‘(i) to provide confirmation or infor-
19 mation to cure the discrepancy described in
20 subsection (b)(1) through the same form in
21 which the notice is provided pursuant to
22 subsection (b)(1); and
23 ‘‘(ii) if such confirmation or informa-
24 tion is rejected, to appeal the rejection;
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1 ‘‘(B) that require that voters whose ballots
2 are returned without signatures be notified and
3 given an opportunity to provide a missing sig-
4 nature on a form proscribed by the State; and
5 ‘‘(C) prior to the date of final certification
6 of ballots in the election by such State, to pro-
7 vide such individual a final determination as to
8 the validity of the ballot and whether the indi-
9 viduals ballot was counted in the election.
10 ‘‘(2) DEADLINE.—A voter has at least 10 cal-
11 endar days following the date on which the notice re-
12 quired under subsection (b) is given or until the day
13 before certification of election results, whichever is
14 later, to provide confirmation that the signature in
15 question is their genuine signature. This confirma-
16 tion can be provided orally, in writing, or electroni-
17 cally, including through any of the forms described
18 in subsection (b)(2). No separate oath or affirmation
19 is required.
20 ‘‘(3) COUNTING OF VOTE.—
21 ‘‘(A) IN GENERAL.—A final determination
22 with respect to the validity of a ballot in the
23 case of a signature mismatch under this section
24 shall be made by three election officials, at least
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25 one of whom is of an opposing party and, un-
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1 less such election officials determine, taking
2 into account any conformation or information
3 provided under the procedures established pur-
4 suant to paragraph (1)(A), through a unani-
5 mous vote and beyond a reasonable doubt that
6 the ballot is not valid, such ballot shall be
7 counted as a vote in that election.
8 ‘‘(B) TRAINING REQUIREMENT.—Election
9 officials making such determinations must have
10 completed training on signature verification.
11 ‘‘(d) REPORT.—
12 ‘‘(1) IN GENERAL.—Not later than 120 days
13 after the end of a Federal election cycle, each chief
14 State election official in a covered State shall submit
15 to Congress a report containing the following infor-
16 mation for the applicable Federal election cycle in
17 the State:
18 ‘‘(A) The number of ballots invalidated due
19 to a discrepancy under this section.
20 ‘‘(B) Description of attempts to contact
21 voters to provide notice as required by this sec-
22 tion.
23 ‘‘(C) Description of the cure process devel-
24 oped by such State pursuant to this section, in-
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1 cluding the number of ballots determined valid
2 as a result of such process.
3 ‘‘(2) FEDERAL ELECTION CYCLE DEFINED.—
4 For purposes of this subsection, the term ‘Federal
5 For election cycle’ means the period beginning on
6 January 1 of any odd numbered year and ending on
7 December 31 of the following year.
8 ‘‘(e) EFFECTIVE DATE.—This section shall apply
9 with respect to the general election for Federal office held
10 in 2020 and any subsequent election for Federal office.’’.
11 (b) CLERICAL AMENDMENT.—The table of contents
12 of such Act is amended by inserting after the item relating
13 to section 323, as added by section 6, the following new
14 item:
‘‘Sec. 324. Signature mismatch on ballot submitted by mail or provisional bal-
lot.’’.
15 SEC. 9. REQUIREMENT FOR ACCEPTANCE OF VOTER REG-
16 ISTRATION APPLICATIONS.
17 (a) IN GENERAL.—Subtitle C of title III of the Help
18 America Vote Act of 2002, as added by section 3 and
19 amended by sections 5, 6, and 8, is amended by adding
20 at the end the following new section:
21 ‘‘SEC. 325. ACCEPTANCE OF VOTER REGISTRATION APPLI-
22 CATIONS.
23 ‘‘(a) REQUIREMENTS FOR VOTER REGISTRATION AP-
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24 PLICATIONS.—Each State and local jurisdiction shall—
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1 ‘‘(1) make available an online voter registration
2 application, which requirement is satisfied if the
3 local, county, or State election official’s website al-
4 lows a voter registration application to be completed
5 and submitted online;
6 ‘‘(2) accept and process any voter registration
7 applications submitted in person, by mail, or online
8 at least 21 days prior to the date of an election for
9 Federal office, except nothing this paragraph shall
10 preclude a State or local jurisdiction from allowing
11 for the acceptance and processing of voter registra-
12 tion applications submitted or received after such re-
13 quired period; and
14 ‘‘(3) ensure that any voter registration applica-
15 tions provided by the State permit the voter, at the
16 time of submitting the application, to register to
17 vote by mail in accordance with the requirements
18 under section 321(c).
19 ‘‘(b) EXCEPTION.—This section shall not apply with
20 respect to any State or local jurisdiction that allows—
21 ‘‘(1) voter registration during early voting; or
22 ‘‘(2) same day voter registration.
23 ‘‘(c) EFFECTIVE DATE.—This section shall apply be-
24 ginning on the date that is 60 days after the date of enact-
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1 ment of the Natural Disaster and Emergency Ballot Act
2 of 2020.’’.
3 (b) CLERICAL AMENDMENT.—The table of contents
4 of such Act is amended by inserting after the item relating
5 to section 324, as added by section 8, the following new
6 item:
‘‘Sec. 325. Acceptance of voter registration applications.’’.
7 SEC. 10. ACCOMMODATIONS FOR VOTERS RESIDING IN IN-
8 DIAN LANDS.
9 (a) ACCOMMODATIONS.—
10 (1) IN GENERAL.—The following requirements
11 shall apply with respect to the general election for
12 Federal office held in 2020 and any subsequent elec-
13 tion for Federal office:
14 (A) Given the widespread lack of residen-
15 tial mail delivery in Indian Country, an Indian
16 Tribe may designate buildings as ballot pickup
17 and collection locations at no cost to the Indian
18 Tribe. An Indian Tribe may designate one
19 building per precinct located within Indian
20 lands. The applicable State or political subdivi-
21 sion shall collect ballots from those locations.
22 The applicable State or political subdivision
23 shall provide the Indian Tribe with accurate
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24 precinct maps for all precincts located within
25 Indian lands 60 days before any election.
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1 (B) The State or political subdivision shall
2 provide mail-in and absentee ballots to each
3 registered voter residing on Indian lands in the
4 State or political subdivision without requiring
5 a residential address or a mail-in or absentee
6 ballot request.
7 (C) The address of a designated building
8 that is a ballot pickup and collection location
9 may serve as the residential address and mail-
10 ing address for voters living on Indian lands if
11 the tribally designated building is in the same
12 precinct as that voter. If there is no tribally
13 designated building within a voter’s precinct,
14 the voter may use another tribally designated
15 building within the Indian lands where the
16 voter is located. Voters using a tribally des-
17 ignated building outside of the voter’s precinct
18 may use the tribally designated building as a
19 mailing address and may separately designate
20 the voter’s appropriate precinct through a de-
21 scription of the voter’s address, as specified in
22 section 9428.4(a)(2) of title 11, Code of Fed-
23 eral Regulations.
24 (D) In the case of a State or political sub-
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25 division that is a covered State or political sub-
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1 division under section 203 of the Voting Rights
2 Act of 1965 (52 U.S.C. 10503), that State or
3 political subdivision shall provide absentee or
4 mail-in voting materials in the language of the
5 applicable minority group as well as in the
6 English language, bilingual election voting as-
7 sistance, and written translations of all voting
8 materials in the language of the applicable mi-
9 nority group, as required by section 203 of the
10 Voting Rights Act of 1965 (52 U.S.C. 10503)
11 as amended by subsection (b).
12 (2) CLARIFICATION.—Nothing in this section
13 alters the ability of an individual voter residing on
14 Indian lands to request a ballot in a manner avail-
15 able to all other voters in the State.
16 (3) DEFINITIONS.—In this section:
17 (A) INDIAN.—The term ‘‘Indian’’ has the
18 meaning given the term in section 4 of the In-
19 dian Self-Determination and Education Assist-
20 ance Act (25 U.S.C. 5304).
21 (B) INDIAN LANDS.—The term ‘‘Indian
22 lands’’ includes—
23 (i) any Indian country of an Indian
24 Tribe, as defined under section 1151 of
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25 title 18, United States Code;
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1 (ii) any land in Alaska owned, pursu-
2 ant to the Alaska Native Claims Settle-
3 ment Act (43 U.S.C. 1601 et seq.), by an
4 Indian Tribe that is a Native village (as
5 defined in section 3 of that Act (43 U.S.C.
6 1602)) or by a Village Corporation that is
7 associated with an Indian Tribe (as de-
8 fined in section 3 of that Act (43 U.S.C.
9 1602));
10 (iii) any land on which the seat of the
11 Tribal Government is located; and
12 (iv) any land that is part or all of a
13 Tribal designated statistical area associ-
14 ated with an Indian Tribe, or is part or all
15 of an Alaska Native village statistical area
16 associated with an Indian Tribe, as defined
17 by the Census Bureau for the purposes of
18 the most recent decennial census.
19 (C) INDIAN TRIBE.—The term ‘‘Indian
20 Tribe’’ has the meaning given the term ‘‘Indian
21 tribe’’ in section 4 of the Indian Self-Deter-
22 mination and Education Assistance Act (25
23 U.S.C. 5304).
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1 (D) TRIBAL GOVERNMENT.—The term
2 ‘‘Tribal Government’’ means the recognized
3 governing body of an Indian Tribe.
4 (4) ENFORCEMENT.—
5 (A) ATTORNEYGGENERAL.—The Attorney
6 General may bring a civil action in an appro-
7 priate district court for such declaratory or in-
8 junctive relief as is necessary to carry out this
9 subsection.
10 (B) PRIVATE RIGHT OF ACTION.—
11 (i) A person or Tribal Government
12 who is aggrieved by a violation of this sub-
13 section may provide written notice of the
14 violation to the chief election official of the
15 State involved.
16 (ii) An aggrieved person or Tribal
17 Government may bring a civil action in an
18 appropriate district court for declaratory
19 or injunctive relief with respect to a viola-
20 tion of this subsection, if—
21 (I) that person or Tribal Govern-
22 ment provides the notice described in
23 clause (i); and
24 (II)(aa) in the case of a violation
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25 that occurs more than 120 days be-
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1 fore the date of an election for Fed-
2 eral office, the violation remains and
3 90 days or more have passed since the
4 date on which the chief election offi-
5 cial of the State receives the notice
6 under clause (i); or
7 (bb) in the case of a violation
8 that occurs 120 days or less before
9 the date of an election for Federal of-
10 fice, the violation remains and 20
11 days or more have passed since the
12 date on which the chief election offi-
13 cial of the State receives the notice
14 under clause (i).
15 (iii) In the case of a violation of this
16 section that occurs 30 days or less before
17 the date of an election for Federal office,
18 an aggrieved person or Tribal Government
19 may bring a civil action in an appropriate
20 district court for declaratory or injunctive
21 relief with respect to the violation without
22 providing notice to the chief election offi-
23 cial of the State under clause (i).
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1 (b) BILINGUAL ELECTION REQUIREMENTS.—Section
2 203 of the Voting Rights Act of 1965 (52 U.S.C. 10503)
3 is amended—
4 (1) in subsection (b)(3)(C), by striking ‘‘1990’’
5 and inserting ‘‘2010’’; and
6 (2) by striking subsection (c) and inserting the
7 following:
8 ‘‘(c) PROVISION OF VOTING MATERIALS IN THE LAN-
9 GUAGE OF A MINORITY GROUP.—
10 ‘‘(1) IN GENERAL.—Whenever any State or po-
11 litical subdivision subject to the prohibition of sub-
12 section (b) of this section provides any registration
13 or voting notices, forms, instructions, assistance, or
14 other materials or information relating to the elec-
15 toral process, including ballots, it shall provide them
16 in the language of the applicable minority group as
17 well as in the English language.
18 ‘‘(2) EXCEPTIONS.—
19 ‘‘(A) IN GENERAL.—
20 ‘‘(i) In the case of a minority group
21 that is not American Indian or Alaska Na-
22 tive and the language of that minority
23 group is oral or unwritten, the State or po-
24 litical subdivision shall only be required to
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25 furnish, in the covered language, oral in-
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1 structions, assistance, translation of voting
2 materials, or other information relating to
3 registration and voting.
4 ‘‘(ii) In the case of a minority group
5 that is American Indian or Alaska Native,
6 the State or political subdivision shall only
7 be required to furnish in the covered lan-
8 guage oral instructions, assistance, or
9 other information relating to registration
10 and voting, including all voting materials,
11 if the Tribal Government of that minority
12 group has certified that the language of
13 the applicable American Indian or Alaska
14 Native language is presently unwritten or
15 the Tribal Government does not want writ-
16 ten translations in the minority language.
17 ‘‘(3) WRITTEN TRANSLATIONS FOR ELECTION
18 WORKERS.—Notwithstanding paragraph (2), the
19 State or political division may be required to provide
20 written translations of voting materials, with the
21 consent of any applicable Indian Tribe, to election
22 workers to ensure that the translations from English
23 to the language of a minority group are complete,
24 accurate, and uniform.’’.
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1 SEC. 11. PAYMENTS TO STATES TO CARRY OUT REQUIRE-
2 MENTS UNDER NATURAL DISASTER AND
3 EMERGENCY BALLOT ACT OF 2020 WITH RE-
4 SPECT TO 2020 GENERAL ELECTION.
5 (a) IN GENERAL.—Title II of the Help America Vote
6 Act of 2002 (52 U.S.C. 21001 et seq.), as amended by
7 section 7(e), is amended by adding at the end the following
8 new part:
9 ‘‘PART IX—PAYMENTS TO STATES TO CARRY OUT
10 REQUIREMENTS UNDER NATURAL DISASTER
11 AND EMERGENCY BALLOT ACT OF 2020 WITH
12 RESPECT TO 2020 GENERAL ELECTION
13 ‘‘SEC. 299. PAYMENTS TO STATES.
14 ‘‘(a) IN GENERAL.—Not later than 30 days after the
15 date of the enactment of the Natural Disaster and Emer-
16 gency Ballot Act of 2020, the Commission shall make a
17 payment to each State.
18 ‘‘(b) USE OF FUNDS.—
19 ‘‘(1) IN GENERAL.—Subject to paragraphs (2)
20 and (3), a State shall use the funds provided under
21 a payment under this section—
22 ‘‘(A) to comply with and implement the
23 provisions of and amendments made by the
24 Natural Disaster and Emergency Ballot Act of
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25 2020 with respect to the 2020 general election
26 occurring on November 3, 2020; and
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1 ‘‘(B) to carry out one or more of the fol-
2 lowing activities with respect to the 2020 gen-
3 eral election:
4 ‘‘(i) Establishing and implementing
5 contingency plans pursuant to section 2 of
6 the Natural Disaster and Emergency Bal-
7 lot Act of 2020, including the implementa-
8 tion of safety requirements pursuant to
9 subsection (b) of such section and initia-
10 tives to recruit pollworkers pursuant to
11 subsection (c) of such section.
12 ‘‘(ii) Implementing public awareness
13 and education campaigns and initiatives to
14 ensure voters are aware of election dates
15 and election administration practices.
16 ‘‘(iii) Establishing a system for voters
17 to submit an online request for an absen-
18 tee ballot pursuant to section 2(c) of such
19 Act.
20 ‘‘(iv) Implementing requirements with
21 respect to availability of voting prior to
22 election day pursuant to section 321 of
23 this Act.
24 ‘‘(v) Purchasing additional and up-
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1 inserters, ballot sorters, envelope extrac-
2 tors, and scanners to send and process ab-
3 sentee ballots and purchasing ballot drop
4 boxes.
5 ‘‘(vi) The development or purchase,
6 implementation, and use of technology to
7 allow election officials to electronically
8 verify a voter’s signature on a ballot enve-
9 lope against a voter’s signature on file
10 without physically handling the envelope,
11 provided that the technology is not con-
12 nected to the internet.
13 ‘‘(vii) Use of downloadable and print-
14 able ballots by qualified individuals pursu-
15 ant to section 103C of the Uniformed and
16 Overseas Citizens Absentee Voting Act.
17 ‘‘(viii) Developing or purchasing se-
18 cure accessible remote ballot marking sys-
19 tems for use by voters with disabilities,
20 provided that such systems do not cause
21 the voter’s ballot selections to be trans-
22 mitted over the internet and do not allow
23 for the electronic submission of a marked
24 ballot.
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1 ‘‘(ix) Improving the accessibility of
2 polling locations, early voting locations,
3 and ballot drop-off boxes.
4 ‘‘(x) Implementing a curb-side voting
5 system for voters to cast a ballot safely,
6 accessibly, and privately.
7 ‘‘(xi) Providing return envelopes and
8 the postage associated with such envelopes
9 pursuant to section 323 of this Act.
10 ‘‘(xii) Ensuring strong chain of cus-
11 tody procedures for handling ballots.
12 ‘‘(xiii) Improving the transparency of
13 election procedures to the public, including
14 but not limited to signature verification
15 procedures, election canvasses, and post-
16 election auditing.
17 ‘‘(2) PRIMARY ELECTIONS.—A State may use
18 such funds—
19 ‘‘(A) to voluntarily comply with and imple-
20 ment the provisions of and amendments made
21 by the Natural Disaster and Emergency Ballot
22 Act of 2020 with respect to primary elections
23 held in the State during 2020;
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1 ‘‘(B) to carry out one or more of the ac-
2 tivities described in paragraph (1)(B) with re-
3 spect to such primary elections; and
4 ‘‘(C) to reimburse political parties for the
5 costs of sending absentee ballots and return en-
6 velopes with prepaid postage to eligible voters
7 participating in such primary elections.
8 ‘‘(3) LIMITATION.—A State may not use such
9 funds for the electronic return of marked ballots by
10 any voter.
11 ‘‘(c) AMOUNT OF PAYMENT.—
12 ‘‘(1) IN GENERAL.—The amount of payment
13 made to a State under this section shall be the min-
14 imum payment amount described in paragraph (2)
15 plus the voting age population proportion amount
16 described in paragraph (3).
17 ‘‘(2) MINIMUM PAYMENT AMOUNT.—The min-
18 imum payment amount described in this paragraph
19 is—
20 ‘‘(A) in the case of any of the several
21 States or the District of Columbia, $5,000,000;
22 and
23 ‘‘(B) in the case of the Commonwealth of
24 Puerto Rico, Guam, American Samoa, or the
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25 United States Virgin Islands, $1,000,000.
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1 ‘‘(3) VOTING AGE POPULATION PROPORTION
2 AMOUNT.—
3 ‘‘(A) IN GENERAL.—The voting age popu-
4 lation proportion amount described in this para-
5 graph is the product of—
6 ‘‘(i) the aggregate amount made avail-
7 able for payments under this section minus
8 the total of all of the minimum payment
9 amounts under paragraph (2); and
10 ‘‘(ii) the voting age population propor-
11 tion for the State (as defined in subpara-
12 graph (B)).
13 ‘‘(B) VOTING AGE POPULATION PROPOR-
14 TION DEFINED.—The term ‘voting age popu-
15 lation proportion’ means, with respect to a
16 State, the amount equal to the quotient of—
17 ‘‘(i) the voting age population of the
18 State (as reported in the most recent de-
19 cennial census); and
20 ‘‘(ii) the total voting age population of
21 all States (as reported in the most recent
22 decennial census).
23 ‘‘(d) PASS-THROUGH OF FUNDS TO LOCAL JURIS-
24 DICTIONS.—
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1 ‘‘(1) IN GENERAL.—At least 80 percent of
2 funds provided to a State under a payment under
3 this section shall be passed through to local jurisdic-
4 tions or Tribal governments to carry out activities
5 described in subsection (b)(1) with respect to the
6 2020 general election occurring on November 3,
7 2020.
8 ‘‘(2) GUIDANCE.—When distributing such funds
9 to local jurisdictions or Tribal governments, a State
10 should consider prioritizing funding for communities
11 and areas that are most impacted by the COVID–
12 19 coronavirus.
13 ‘‘(3) DEFINITIONS.—In this subsection:
14 ‘‘(A) INDIAN TRIBE.—The term ‘Indian
15 Tribe’ has the meaning given the term ‘Indian
16 tribe’ in section 4 of the Indian Self-Determina-
17 tion and Education Assistance Act (25 U.S.C.
18 5304).
19 ‘‘(B) TRIBAL GOVERNMENT.—The term
20 ‘Tribal Government’ means the recognized gov-
21 erning body of an Indian Tribe.
22 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—
23 ‘‘(1) IN GENERAL.—There are authorized to be
24 appropriated for payments under this section
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25 $3,600,000,000.
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1 ‘‘(2) AVAILABILITY OF FUNDS.—Amounts ap-
2 propriated pursuant to the authorization under this
3 subsection shall remain available without fiscal year
4 limitation.’’.
5 (b) CONFORMING AMENDMENTS.—
6 (1) Section 202 of the Help America Vote Act
7 of 2002 (52 U.S.C. 20922), as amended by section
8 7(e), is amended by redesignating paragraphs (7)
9 and (8) as paragraphs (8) and (9), respectively, and
10 by inserting after paragraph (6) the following new
11 paragraph:
12 ‘‘(7) carrying out the duties described in part
13 IX (relating to payments to States for carrying out
14 requirements under the Natural Disaster and Emer-
15 gency Ballot Act of 2020 with respect to the 2020
16 general election);’’.
17 (2) The table of contents for such Act is
18 amended by inserting after the item related to sec-
19 tion 297 the following:
‘‘PART IX—PAYMENTS TO STATES TO CARRY OUT REQUIREMENTS UNDER
NATURAL DISASTER AND EMERGENCY BALLOT ACT OF 2020 WITH RE-
SPECT TO 2020 GENERAL ELECTION
‘‘Sec. 299. Payments to States.’’.
20 SEC. 12. ADDITIONAL APPROPRIATIONS FOR THE ELEC-
21 TION ASSISTANCE COMMISSION.
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22 (a) IN GENERAL.—In addition to any funds other-
23 wise appropriated to the Election Assistance Commission
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1 for fiscal year 2020, there is authorized to be appropriated
2 $3,000,000 for fiscal year 2020 in order for the Commis-
3 sion to provide additional assistance and resources to
4 States for improving the administration of elections.
5 (b) AVAILABILITY OF FUNDS.—Amounts appro-
6 priated pursuant to the authorization under this sub-
7 section shall remain available without fiscal year limita-
8 tion.
9 SEC. 13. RESEARCH AND DEVELOPMENT FOR THE NA-
10 TIONAL INSTITUTE OF STANDARDS AND
11 TECHNOLOGY.
12 (a) RESEARCH AND DEVELOPMENT OF SIGNATURE
13 GUIDELINES.—The Director of the National Institute of
14 Standards and Technology shall work with States,
15 forensics experts, and the disability community to expand
16 the research and develop best practices or guidelines for
17 the acceptance, verification, and curing of signatures for
18 mail-in ballots.
19 (b) RESEARCH STUDY ON THE ELECTRONIC TRANS-
20 MISSION OF MARKED BALLOTS.—
21 (1) IN GENERAL.—The Director of the National
22 Institute of Standards and Technology shall conduct
23 a research study into cybersecurity risks associated
24 with the electronic transmission of marked ballots
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1 and ways to mitigate those risks and increase acces-
2 sibility.
3 (2) SCOPE OF STUDY.—The study conducted
4 under this subsection shall include the following:
5 (A) An evaluation, comparison, and con-
6 trast of the security and accessibility of e-mail,
7 fax, web portals, electronic, or other online
8 transmission systems used by States and local
9 election offices to receive marked ballots includ-
10 ing guidance for how such systems may comply
11 with cybersecurity standards for Federal infor-
12 mation technology systems set by National In-
13 stitute of Standards and Technology Special
14 Publication 800–53, Security and Privacy Con-
15 trols for Federal Information Systems and Or-
16 ganizations, and accessibility standards set by
17 the Americans with Disability Act of 1990 (42
18 U.S.C. 12101 et seq.) and the Help America
19 Vote Act of 2002 (52 U.S.C. 20901 et seq.).
20 (B) An evaluation of risks and benefits as-
21 sociated with the continued or expanded use of
22 such systems by overseas and domestic voters
23 to return their marked ballots, including updat-
24 ing the following reports:
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1 (i) NISTIR 7551, A Threat Analysis
2 on UOCAVA Voting Systems.
3 (ii) NISTIR 7711, Security Best
4 Practices for the Electronic Transmission
5 of Election Materials for UOCAVA Voters.
6 (iii) NISTIR 7682, Information Sys-
7 tem Security Best Practices for UOCAVA–
8 Supporting Systems.
9 (iv) NISTIR 7700, Security Consider-
10 ations for Remote Electronic UOCAVA
11 Voting.
12 (C) An evaluation of any risks and benefits
13 associated with the continued or expanded use
14 of such systems by voters with disabilities.
15 (D) An evaluation of any cybersecurity im-
16 provements which are necessary for such sys-
17 tems and ballots transmitted using such sys-
18 tems to be secure against tampering by foreign
19 intelligence agencies, hackers, and other sophis-
20 ticated adversaries.
21 (E) An evaluation of any accessibility im-
22 provements which are necessary for such sys-
23 tems and ballots transmitted using such sys-
24 tems to be accessible for people with any kind
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1 (3) FINAL REPORT.—Not later than January 1,
2 2023, the Director shall submit to Congress a report
3 containing the results of the study conducted under
4 this subsection.
5 (4) AUTHORIZATION.—In addition to any funds
6 otherwise appropriated to the National Institute of
7 Standards and Technology for fiscal year 2020,
8 there is authorized to be appropriated $5,000,000
9 for fiscal year 2020 to conduct the study under this
10 subsection.
11 SEC. 14. MODIFYING PROVISIONS ON FUNDING FOR ELEC-
12 TION SECURITY GRANTS.
13 (a) WAIVER OF MATCHING REQUIREMENT.—The last
14 proviso under the heading ‘‘Election Assistance Commis-
15 sion, Election Security Grants’’ in the Financial Services
16 and General Government Appropriations Act, 2020 (Pub-
17 lic Law 116–93; 133 Stat. 2461) shall not apply with re-
18 spect to any payment made to a State using funds appro-
19 priated or otherwise made available to the Election Assist-
20 ance Commission under the Coronavirus Aid, Relief, and
21 Economic Security Act (Public Law 116–136).
22 (b) MODIFICATION OF REPORTING DEADLINE.—The
23 first proviso under the heading ‘‘Election Assistance Com-
24 mission, Election Security Grants’’ in the Coronavirus
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25 Aid, Relief, and Economic Security Act (Public Law 116–
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1 136) is amended by striking ‘‘within 20 days of each elec-
2 tion in the 2020 Federal election cycle in that State,’’ and
3 inserting ‘‘not later than October 30, 2021,’’.
4 (c) EXTENSION FOR USE OF FUNDS.—The fourth
5 proviso under the heading ‘‘Election Assistance Commis-
6 sion, Election Security Grants’’ in the Coronavirus Aid,
7 Relief, and Economic Security Act (Public Law 116–136)
8 is amended by striking ‘‘December 31, 2020’’ and insert-
9 ing ‘‘September 30, 2021’’.
10 (d) REALLOCATION OF FUNDS.—A State may elect
11 to reallocate funds allocated under the heading ‘‘Election
12 Assistance Commission, Election Security Grants’’ in the
13 Coronavirus Aid, Relief, and Economic Security Act (Pub-
14 lic Law 116–136)—
15 (1) as funds allocated under the heading ‘‘Elec-
16 tion Assistance Commission, Election Security
17 Grants’’ in the Financial Services and General Gov-
18 ernment Appropriations Act, 2020 (Public Law
19 116–93; 133 Stat. 2461) that were spent to prevent,
20 prepare for, and respond to coronavirus, domesti-
21 cally or internationally, for the 2020 Federal elec-
22 tion cycle; or
23 (2) as funds allocated under the heading ‘‘Elec-
24 tion Assistance Commission, Election Reform Pro-
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25 gram’’ in the Financial Services and Government
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1 Appropriations Act, 2018 (Public Law 115–141)
2 that were spent to prevent, prepare for, and respond
3 to coronavirus, domestically or internationally, for
4 the 2020 Federal election cycle.
5 (e) EFFECTIVE DATE.—This section shall take effect
6 as if included in the enactment of the Coronavirus Aid,
7 Relief, and Economic Security Act (Public Law 116–136).
Æ
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