110 HR 7147 IH: To amend the Help America Vote Act of 2002 to prohibit U.S. House of Representatives 2008-09-26 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. 7147 IN THE HOUSE OF REPRESENTATIVES September 26, 2008 Mr. Jackson of Illinois (for himself, Mr. Brady of Pennsylvania, Mr. Scott of Virginia, Mr. Watt, Mr. Conyers, Ms. Zoe Lofgren of California, Mr. Capuano, Mr. Gonzalez, Mr. Davis of Alabama, Mrs. Davis of California, Ms. Lee, and Mr. Nadler) 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 prohibit State election officials from accepting a challenge to an individual’s eligibility to register to vote in an election for Federal office or to vote in an election for Federal office in a jurisdiction on the grounds that the individual resides in a household in the jurisdiction which is subject to foreclosure proceedings or that the jurisdiction was adversely affected by a hurricane or other major disaster, and for other purposes.

1.

Prohibiting Acceptance of Challenges to Eligibility to Register or Vote in Federal Elections Not Based on Good Cause or Based on Residence in Property Subject to Foreclosure Proceedings or in Area Damaged by Hurricane or Other Major Disaster

(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.

Prohibiting Acceptance of Challenges to Eligibility to Register or Eligibility to Vote in Federal Elections Not Based on Good Cause

(a)

In General

A State or local election official may not accept a challenge to an individual’s eligibility to register to vote in an election for Federal office in a jurisdiction or to vote in an election for Federal office in a jurisdiction which is not based on good cause. (b)

Challenges Based on Certain Grounds Not Considered Good Cause

For purposes of subsection (a), a challenge to an individual’s eligibility to register to vote in an election for Federal office in a jurisdiction or to vote in an election for Federal office in a jurisdiction is not based on good cause if the challenge is based on any of the following grounds: (1)The individual resides in a household in the jurisdiction which is subject to foreclosure proceedings. (2)The jurisdiction is included in a geographic area which was adversely affected by a hurricane or other major disaster declared by the President under section 401 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170). (c)

Effective Date

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

. (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. Prohibiting acceptance of challenges to eligibility to register or eligibility to vote in Federal elections not based on good cause. .