I 111th CONGRESS 1st Session H. R. 2510 IN THE HOUSE OF REPRESENTATIVES May 20, 2009 Mrs. Davis of California (for herself and Mr. McCarthy 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 reimburse States for the costs incurred in establishing a program to track and confirm the receipt of voted absentee ballots in elections for Federal office and make information on the receipt of such ballots available by means of online access, and for other purposes.

1.

Short Title

This Act may be cited as the Absentee Ballot Track, Receive, and Confirm Act.

2.

Reimbursement for Costs Incurred in Establishing Program to Track and Confirm Receipt of Absentee Ballots

(a)

Reimbursement

Subtitle D of title II of the Help America Vote Act of 2002 (42 U.S.C. 15401 et seq.) is amended by adding at the end the following new part: 7

Payments to Reimburse States for Costs Incurred in Establishing Program to Track and Confirm Receipt of Absentee Ballots

297.

Payments to States

(a)

Payments For Costs of Establishing Program

In accordance with this section, the Commission shall make a payment to a State to reimburse the State for the costs incurred in establishing, if the State so chooses to establish, an absentee ballot tracking program with respect to elections for Federal office held in the State (including costs incurred prior to the date of the enactment of this part). (b)

Absentee Ballot Tracking Program Described

(1)

Program described

(A)

In general

In this part, an absentee ballot tracking program is a program to track and confirm the receipt of absentee ballots in an election for Federal office under which the State or local election official responsible for the receipt of voted absentee ballots in the election carries out procedures to track and confirm the receipt of such ballots, and makes information on the receipt of such ballots available to the individual who cast the ballot, by means of online access using the Internet site of the official’s office. (B)

Information on whether vote was counted

The information referred to under subparagraph (A) with respect to the receipt of an absentee ballot shall include information regarding whether the vote cast on the ballot was counted, and, in the case of a vote which was not counted, the reasons therefor. (2)

Use of Toll-Free Telephone Number by Officials Without Internet Site

A program established by a State or local election official whose office does not have an Internet site may meet the description of a program under paragraph (1) if the official has established a toll-free telephone number that may be used by an individual who cast an absentee ballot to obtain the information on the receipt of the voted absentee ballot as provided under such paragraph. (c)

Certification of Compliance and Costs

(1)

Certification required

In order to receive a payment under this section, a State shall submit to the Commission a statement containing— (A)a certification that the State has established an absentee ballot tracking program with respect to elections for Federal office held in the State; and (B)a statement of the costs incurred by the State in establishing the program. (2)

Amount of payment

The amount of a payment made to a State under this section shall be equal to the costs incurred by the State in establishing the absentee ballot tracking program, as set forth in the statement submitted under paragraph (1), except that such amount may not exceed the product of— (A)the number of jurisdictions in the State which are responsible for operating the program; and (B)$3,000. (3)

Limit on number of payments received

A State may not receive more than one payment under this part.

297A.

Authorization of Appropriations

(a)

Authorization

There are authorized to be appropriated to the Commission for fiscal year 2010 and each succeeding fiscal year such sums as may be necessary for payments under this part. (b)

Continuing Availability of Funds

Any amounts appropriated pursuant to the authorization under this section shall remain available until expended.

. (b)

Clerical Amendment

The table of contents of such Act is amended by adding at the end of the items relating to subtitle D of title II the following: Part 7—Payments To Reimburse States for Costs Incurred in Establishing Program To Track and Confirm Receipt of Absentee Ballots Sec. 297. Payments to States. Sec. 297A. Authorization of appropriations. .