110 HR 7040 IH: Protecting Voters in Foreclosure Act of U.S. House of Representatives 2008-09-24 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I 110th CONGRESS 2d Session H. R. 7040 IN THE HOUSE OF REPRESENTATIVES September 24, 2008 Mr. Kucinich (for himself, Ms. Eddie Bernice Johnson of Texas, Mr. McGovern, Ms. Lee, Mrs. Christensen, Mr. Grijalva, and Mr. Gonzalez) 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 ensure that individuals who reside in a jurisdiction in a residence subject to foreclosure proceedings may continue to vote in elections for Federal office held in the jurisdiction, and for other purposes.

1.

Short Title

This Act may be cited as the Protecting Voters in Foreclosure Act of 2008.

2.

Rights of Individuals Residing in Property Subject to Foreclosure Proceedings to Continue Voting in Jurisdiction

(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 by inserting after section 303 the following new section:

303A.

Rights of Individuals Residing in Property Subject to Foreclosure Proceedings to Continue Voting in Jurisdiction

(a)

Protections for Individuals Affected by Foreclosure

(1)

In general

With respect to any jurisdiction in which an election for Federal office is held, an individual who resides in a household which is located in the jurisdiction and which is subject to foreclosure proceedings at the time of election, or who resided in a household which was located in the jurisdiction and which was subject to such proceedings at any time during the 3-year period ending on the date of the election, shall be considered to reside in the jurisdiction for purposes of determining the individual’s eligibility to vote in the election in the jurisdiction and shall be permitted to cast a nonprovisional ballot in the election. (2)

Exception for individuals registered in different jurisdiction

Paragraph (1) does not apply with respect to an individual in a jurisdiction who is registered to vote in the election involved in a different jurisdiction. (b)

Period of Applicability

This section shall apply with respect to the regularly scheduled general election for Federal office held in November 2008.

. (b)

Conforming Amendment Relating to Enforcement

Section 401 of such Act (42 U.S.C. 15511) is amended by striking and 303 and inserting 303, and 303A. (c)

Clerical Amendment

The table of contents of the Help America Vote Act of 2002 is amended by inserting after the item relating to section 303 the following new item: Sec. 303A. Rights of individuals residing in property subject to foreclosure proceedings to continue voting in jurisdiction. .