[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5191 Introduced in House (IH)]






108th CONGRESS
  2d Session
                                H. R. 5191

 To amend title 3, United States Code, to extend the date provided for 
  the meeting of electors of the President and Vice President in the 
 States, and the date provided for the joint session of Congress held 
  for the counting of electoral votes, in the event of an unresolved 
controversy or contest relating to the counting of votes in any State, 
                        and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 30, 2004

 Mr. Price of North Carolina introduced the following bill; which was 
           referred to the Committee on House Administration

_______________________________________________________________________

                                 A BILL


 
 To amend title 3, United States Code, to extend the date provided for 
  the meeting of electors of the President and Vice President in the 
 States, and the date provided for the joint session of Congress held 
  for the counting of electoral votes, in the event of an unresolved 
controversy or contest relating to the counting of votes in any State, 
                        and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Count Every Vote Act of 2004''.

SEC. 2. EXTENSION OF DATES PROVIDED FOR MEETING OF ELECTORS AND JOINT 
              SESSION OF CONGRESS FOR COUNTING ELECTORAL VOTES IN EVENT 
              OF UNRESOLVED CONTROVERSY OR CONTEST IN ANY STATE.

    (a) Meeting of Electors in States.--Section 7 of title 3, United 
States Code, is amended--
            (1) by striking ``The electors'' and inserting ``(a) In 
        General.--Except as provided in subsection (b), the electors''; 
        and
            (2) by adding at the end the following new subsection:
    ``(b) Special Rule in Event of Unresolved Controversy or Contest in 
Any State.--Notwithstanding the date provided under subsection (a), the 
electors of President and Vice President of each State shall meet and 
give their votes on the first day (or, if such day is a Sunday, the 
second day) occurring after the January 1 that next follows their 
appointment if--
            ``(1) a controversy or contest concerning the appointment 
        of all or any of the electors of any State has been filed; and
            ``(2) a final determination of the controversy or contest 
        has not been made at least 3 days prior to the date described 
        in subsection (a).''.
    (b) Deadlines for Delivery of Certificates and Votes by States.--
            (1) Certificate of appointed electors.--Section 6 of such 
        title is amended by inserting after ``communicate by registered 
        mail under the seal of the State'' the following: ``(or, if the 
        special rule described in section 7(b) is in effect with 
        respect to the election, communicate by such method as may be 
        appropriate, including overnight delivery or a secure form of 
        electronic transmission, to ensure receipt not later than the 
        second day that follows the date described in section 7(b))''.
            (2) Disposition of certificates by electors.--Section 11 of 
        such title is amended--
                    (A) by striking ``The electors shall dispose'' and 
                inserting ``(a) In General.--Except as provided in 
                subsection (b), the electors shall dispose''; and
                    (B) by adding at the end the following new 
                subsection:
    ``(b) Special Rule in Event of Unresolved Controversy or Contest.--
If the special rule described in section 7(b) is in effect with respect 
to the election, the electors shall carry out the delivery and 
transmission requirements of this section by such method as may be 
appropriate, including overnight delivery or a secure form of 
electronic transmission, to ensure receipt of the certificates and 
lists by the President of the Senate and the Archivist of the United 
States not later than the second day that follows the date described in 
section 7(b).''.
            (3) Final deadline for delivery.--Section 12 of such title 
        is amended--
                    (A) by striking ``When no certificate'' and 
                inserting ``(a) In General.--Except as provided in 
                subsection (b), when no certificate''; and
                    (B) by adding at the end the following new 
                subsection:
    ``(b) Special Rule in Event of Unresolved Controversy or Contest.--
If the special rule described in section 7(b) is in effect with respect 
to the election, the Secretary of State of each State shall take such 
action as may be necessary (including overnight delivery or a secure 
form of electronic transmission) to ensure that the certificate of vote 
and list mentioned in sections 9 and 11 is received by the President of 
the Senate or the Archivist of the United States not later than the 
second day that follows the date described in section 7(b).''.
            (4) Demand on district court judge.--Section 13 of such 
        title is amended--
                    (A) by striking ``When no certificates'' and 
                inserting ``(a) In General.--Except as provided in 
                subsection (b), when no certificates''; and
                    (B) by adding at the end the following new 
                subsection:
    ``(b) Special Rule in Event of Unresolved Controversy or Contest.--
If the special rule described in section 7(b) is in effect with respect 
to the election, the district judge referred to in subsection (a) shall 
take such action as may be necessary (including overnight delivery or a 
secure form of electronic transmission) to ensure that the list 
described in such subsection is received by the President of the Senate 
or the Archivist of the United States not later than the second day 
that follows the date described in section 7(b).''.
    (c) Joint Session for Counting Electoral Votes.--The first sentence 
of section 15 of such title is amended by striking the period at the 
end and inserting the following: ``, or if the special rule described 
in section 7(b) is in effect, on the second day (or, if such day is a 
Sunday, the third day) that follows the deadline for the receipt of 
certificates and votes by the President of the Senate or the Archivist 
of the United States under section 12(b).''.

SEC. 3. EXTENSION OF SAFE HARBOR PERIOD FOR RESOLUTION OF CONTROVERSY 
              OR CONTEST REGARDING APPOINTMENT OF ELECTORS.

    Section 5 of title 3, United States Code, is amended by striking 
``six days'' each place it appears and inserting ``3 days''.

SEC. 4. EFFECTIVE DATE.

    The amendments made by this Act shall apply with respect to the 
Presidential election held in November 2004 and each succeeding 
Presidential election.
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