[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4141 Introduced in House (IH)]







109th CONGRESS
  1st Session
                                H. R. 4141

To amend the Help America Vote Act of 2002 to permit individuals to use 
  a national write-in absentee ballot to cast votes in elections for 
                Federal office, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 25, 2005

    Ms. Millender-McDonald 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 individuals to use 
  a national write-in absentee ballot to cast votes in elections for 
                Federal office, and for other purposes.

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

SECTION 1. USE OF NATIONAL FEDERAL WRITE-IN ABSENTEE BALLOT.

    (a) In General.--Subtitle A of title III of the Help America Vote 
Act of 2002 (42 U.S.C. 15481 et seq.) is amended--
            (1) by redesignating sections 304 and 305 as sections 305 
        and 306; and
            (2) by inserting after section 303 the following new 
        section:

``SEC. 304. USE OF NATIONAL FEDERAL WRITE-IN ABSENTEE BALLOT.

    ``(a) In General.--Any person who is otherwise qualified to vote in 
a Federal election in a State shall be permitted to use the national 
Federal write-in absentee ballot prescribed by the Election Assistance 
Commission under section 247 to cast a vote in an election for Federal 
office.
    ``(b) Submission and Processing.--
            ``(1) In general.--Except as otherwise provided in this 
        section, a national Federal write-in absentee ballot shall be 
        submitted and processed in the manner provided under the 
        standards prescribed by the Commission under section 247(b).
            ``(2) Deadline.--An otherwise eligible national Federal 
        write-in absentee ballot shall be counted if postmarked or 
        signed before the close of the polls on election day and 
        received by the appropriate State election official on or 
        before the date which is 10 days after the date of the election 
        or the date provided for receipt of absentee ballots under 
        State law, whichever is later.
    ``(c) Special Rules.--The following rules shall apply with respect 
to national Federal write-in absentee ballots:
            ``(1) In completing the ballot, the voter may designate a 
        candidate by writing in the name of the candidate or by writing 
        in the name of a political party (in which case the ballot 
        shall be counted for the candidate of that political party).
            ``(2) In the case of the offices of President and Vice 
        President, a vote for a named candidate or a vote by writing in 
        the name of a political party shall be counted as a vote for 
        the electors supporting the candidate involved.
            ``(3) Any abbreviation, misspelling, or other minor 
        variation in the form of the name of a candidate or a political 
        party shall be disregarded in determining the validity of the 
        ballot.''.
    (b) Conforming Amendment.--Section 401 of the Help America Vote Act 
of 2002 (42 U.S.C. 15511) is amended by striking ``and 303'' and 
inserting ``303, and 304''.
    (c) Clerical Amendment.--The table of contents of the Help America 
Vote Act of 2002 is amended--
            (1) by redesignating the items relating to sections 304 and 
        305 as relating to sections 305 and 306; and
            (2) by inserting after the item relating to section 303 the 
        following new item:

``Sec. 304. Use of national Federal write-in absentee ballot.''.

SEC. 2. ESTABLISHMENT OF BALLOT AND STANDARDS.

    (a) In General.--Subtitle C of title II of the Help America Vote 
Act of 2002 (42 U.S.C. 15381 et seq.) is amended--
            (1) by redesignating section 247 as section 248; and
            (2) by inserting after section 246 the following new 
        section:

``SEC. 247. NATIONAL FEDERAL WRITE-IN ABSENTEE BALLOT.

    ``(a) Form of Ballot.--The Commission shall establish a national 
Federal write-in absentee ballot (including a secrecy envelope and 
mailing envelope for such ballot) for use in elections for Federal 
office.
    ``(b) Standards.--The Commission shall prescribe standards for--
            ``(1) distributing the national Federal write-in absentee 
        ballot, including standards for distributing such ballot 
        through the Internet; and
            ``(2) processing and submission of the national Federal 
        write-in absentee ballot.''.
    (b) Clerical Amendment.--The table of contents of the Help America 
Vote Act of 2002 is amended--
            (1) by redesignating the item relating to section 247 as 
        relating to section 248; and
            (2) by inserting after the item relating to section 246 the 
        following new item:

``Sec. 247. National Federal write-in absentee ballot.''.
    (c) Effective Date.--The Election Assistance Commission shall 
establish a national Federal write-in absentee ballot under section 
247(a) of the Help America Vote Act of 2002 (as amended by subsection 
(a)), and prescribe standards relating to the ballot under section 
247(b) of such Act, not later than January 1, 2006.
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