[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2104 Introduced in House (IH)]






109th CONGRESS
  1st Session
                                H. R. 2104

      To amend the Help America Vote Act of 2002 to permit local 
 jurisdictions within a State to conduct early voting in elections for 
   Federal office held in such jurisdictions, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 4, 2005

  Ms. Norton introduced the following bill; which was referred to the 
                   Committee on House Administration

_______________________________________________________________________

                                 A BILL


 
      To amend the Help America Vote Act of 2002 to permit local 
 jurisdictions within a State to conduct early voting in elections for 
   Federal office held in such jurisdictions, 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. PROVIDING AUTHORITY TO LOCAL JURISDICTIONS TO CONDUCT EARLY 
              VOTING IN ELECTIONS.

    (a) Authority.--Subtitle A of title III of the Help America Vote 
Act of 2002 (42 U.S.C. 15481 et seq.) is amended by inserting after 
section 303 the following new section:

``SEC. 303A. AUTHORITY OF LOCAL JURISDICTIONS TO CONDUCT EARLY VOTING.

    ``(a) In General.--Notwithstanding any provision of State law, a 
jurisdiction which is located within a State and which is responsible 
for administering an election for Federal office may permit individuals 
to cast ballots in the election prior to the date of the election in 
the same manner in which ballots are cast on the date of the election, 
during such period prior to the date of the election as the 
jurisdiction may establish.
    ``(b) Effective Date.--Each State shall be required to comply with 
the requirements of this section on and after January 1, 2006.''.
    (b) Conforming Amendment Relating to Enforcement.--Section 401 of 
such Act (42 U.S.C. 15511) is amended by striking ``sections 301, 302, 
and 303'' and inserting ``subtitle A of title III'' .
    (c) Clerical Amendment.--The table of contents of such Act is 
amended by inserting after the item relating to section 303 the 
following new item:

``Sec. 303A. Authority of local jurisdictions to conduct early 
                            voting.''.

SEC. 2. REQUIRING ACCEPTANCE OF ABSENTEE BALLOTS WITHOUT SUFFICIENT 
              POSTAGE.

    (a) Requiring Election Official to Accept Ballots.--Subtitle A of 
title III of the Help America Vote Act of 2002 (42 U.S.C. 15481 et 
seq.), as amended by section 1(a), is amended by inserting after 
section 303A the following new section:

``SEC. 303B. REQUIRING ACCEPTANCE OF ABSENTEE BALLOTS WITHOUT 
              SUFFICIENT POSTAGE.

    ``(a) In General.--A State or local election official may not 
refuse any mail matter consisting of an absentee ballot sent by a voter 
to a State or local election official on the grounds that the matter 
does not include sufficient postage.
    ``(b) Effective Date.--Each State shall be required to comply with 
the requirements of this section on and after January 1, 2006.''.
    (b) Clerical Amendment.--The table of contents of such Act, as 
amended by section 1(c), is amended by inserting after the item 
relating to section 303A the following new item:

``Sec. 303B. Requiring acceptance of absentee ballots without 
                            sufficient postage.''.

SEC. 3. TREATMENT OF PROVISIONAL BALLOTS CAST AT INCORRECT POLLING 
              PLACE.

    (a) Requiring Ballots Cast at Incorrect Polling Places by Eligible 
Voters to Be Counted.--Section 302(a)(4) of the Help America Vote Act 
of 2002 (42 U.S.C. 15482(a)(4)) is amended by striking ``eligible under 
State law to vote,'' and inserting the following: ``eligible under 
State law to vote in that election at the polling place at which the 
ballot is cast or at any other polling place in the State,''.
    (b) Notifying Individuals of Option to Cast Ballots at Correct 
Polling Place.--Section 302(a)(1) of such Act (42 U.S.C. 15482(a)(1)) 
is amended by striking the period at the end and inserting the 
following: ``, and in the case of an individual whose name does not 
appear on the official list of eligible voters for the polling place, 
shall provide the individual with the location of the polling place at 
which the individual's name does appear on the official list of 
eligible voters and notify the individual in writing that the 
individual may cast a ballot at that polling place instead of a 
provisional ballot under this subsection.''
    (c) Effective Date.--The amendments made by this section shall 
apply with respect to elections held during 2006 and any succeeding 
year.
                                 <all>