[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1579 Introduced in House (IH)]






109th CONGRESS
  1st Session
                                H. R. 1579

 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, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 12, 2005

 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, 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 2005''.

SEC. 2. EXTENSION OF DATES PROVIDED FOR MEETING OF ELECTORS AND JOINT 
              SESSION OF CONGRESS FOR COUNTING ELECTORAL VOTES.

    (a) Meeting of Electors in States.--Section 7 of title 3, United 
States Code, is amended by striking ``the first Monday after the second 
Wednesday in December next following their appointment'' and inserting 
the following: ``the first day (or, if such day is a Sunday, the second 
day) occurring after the January 1 that next follows their 
appointment''.
    (b) Ensuring Timely Delivery of Certificates and Votes by States.--
            (1) Certificate of appointed electors.--Section 6 of such 
        title is amended by striking ``communicate by registered mail 
        under the seal of the State to the Archivist of the United 
        States'' and inserting the following: ``communicate to the 
        Archivist of the United States, by the most expeditious method 
        available (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,''.
            (2) Disposition of certificates by electors.--Section 11 of 
        such title is amended--
                    (A) by striking ``by registered mail'' each place 
                it appears;
                    (B) by striking ``The electors shall dispose'' and 
                inserting ``(a) In General.--The electors shall 
                dispose''; and
                    (C) by adding at the end the following new 
                subsection:
    ``(b) Method of Delivery and Transmission.--The electors shall 
carry out the delivery and transmission requirements of this section by 
the most expeditious method available (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.''.
            (3) Final deadline for delivery.--Section 12 of such title 
        is amended--
                    (A) by striking ``the fourth Wednesday in 
                December'' and inserting ``the second day that follows 
                the date described in section 7''; and
                    (B) by striking ``transmit same by registered mail 
                to the President of the Senate at the seat of 
                government'' and inserting the following: ``transmit 
                such certificate and list to the President of the 
                Senate at the seat of government by such method as may 
                be necessary (including overnight delivery or a secure 
                form of electronic transmission) to ensure that such 
                certificate and list 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''.
            (4) Demand on district court judge.--Section 13 of such 
        title is amended--
                    (A) by striking ``the fourth Wednesday in 
                December'' and inserting ``the second day that follows 
                the date described in section 7'';
                    (B) by striking ``send a special messenger to'' and 
                inserting ``immediately notify''; and
                    (C) by striking ``shall forthwith transmit that 
                list by the hand of the messenger to the seat of 
                government'' and inserting ``shall take such action as 
                may be necessary (including overnight delivery or a 
                secure form of electronic transmission) to ensure that 
                such certificate and list is received by the President 
                of the Senate not later than 24 hours after receipt of 
                the Archivist's notice''.
    (c) Joint Session for Counting Electoral Votes.--The first sentence 
of section 15 of such title is amended by striking ``the sixth day of 
January succeeding every meeting of the electors'' and inserting the 
following: ``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''.

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 2008 and each succeeding 
Presidential election.
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