[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1646 Introduced in House (IH)]







110th CONGRESS
  1st Session
                                H. R. 1646

    To amend the Help America Vote Act of 2002 to require States to 
  implement procedures for tracking ballots which are transmitted by 
                     mail, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 22, 2007

   Mrs. Davis of California 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 require States to 
  implement procedures for tracking ballots which are transmitted by 
                     mail, 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 ``Mail-In Ballot Tracking Act of 
2007''.

SEC. 2. REQUIREMENTS FOR TRACKING BALLOTS TRANSMITTED BY MAIL.

    (a) Requiring States To Meet Requirements.--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. REQUIREMENTS FOR TRACKING BALLOTS TRANSMITTED BY MAIL.

    ``(a) In General.--
            ``(1) Tracking requirements.--Each State and jurisdiction 
        which transmits ballots by mail in the administration of an 
        election for Federal office shall implement such procedures as 
        the State or jurisdiction considers appropriate to ensure that 
        the ballots may be tracked throughout the administration of the 
        election, including procedures to ensure that--
                    ``(A) the appropriate election official may track 
                the progress of the ballot through the mail from the 
                time it is transmitted to the voter until it is 
                received by the appropriate election official; and
                    ``(B) a voter who casts a ballot by mail may track 
                the progress of the ballot using the Internet, an 
                automated telephone system, and such other methods as 
                the State or jurisdiction considers appropriate.
            ``(2) Specific events to be tracked.--Under the procedures 
        implemented pursuant to this subsection, an individual shall be 
        able to determine whether each of the following has occurred 
        with respect to a ballot transmitted by mail:
                    ``(A) The ballot has been transmitted by the 
                appropriate election official.
                    ``(B) The ballot has been processed by the Postal 
                Service, including the determination of the date and 
                time of processing and the location of the processing 
                facility involved.
                    ``(C) After the individual has submitted the ballot 
                by mail, the ballot has been received by the 
                appropriate election official.
                    ``(D) The appropriate election official has made a 
                determination as to whether or not the ballot has been 
                validly cast, including whether or not the individual 
                has met any applicable signature requirements.
                    ``(E) The ballot has been counted or rejected by 
                the appropriate election official.
            ``(3) Protection of privacy of information.--In carrying 
        out paragraph (1), the State and jurisdiction shall ensure that 
        a ballot may be tracked without revealing or exposing the 
        content of the ballot to unauthorized individuals.
    ``(b) Exception for Ballots of Absent Overseas and Military 
Voters.--The requirements of this section do not apply with respect to 
a ballot which is transmitted to or submitted by an individual who is 
entitled to vote by absentee ballot under the Uniformed and Overseas 
Citizens Absentee Voting Act.
    ``(c) Effective Date.--This section shall apply with respect to the 
regularly scheduled general election for Federal office held in 
November 2010 and each succeeding election for Federal office.''.
    (b) Availability of Enforcement.--Section 401 of such Act (42 
U.S.C. 15511) is amended by striking ``and 303'' and inserting ``303, 
and 304''.
    (c) Clerical Amendment.--The table of contents of such Act 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. Requirements for tracking ballots transmitted by mail.''.

SEC. 3. REAUTHORIZATION OF REQUIREMENTS PAYMENTS FOR STATES.

    Section 257(a) of the Help America Vote Act of 2002 (42 U.S.C. 
15407(a)) is amended by adding at the end the following new paragraph:
            ``(4) For fiscal year 2008, such sums as may be 
        necessary.''.
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