IB Union Calendar No. 263 111th CONGRESS 2d Session H. R. 3489 [Report No. 111–457] IN THE HOUSE OF REPRESENTATIVES July 31, 2009 Mr. Jackson of Illinois (for himself, Mr. Watt, Mr. Conyers, Ms. Zoe Lofgren of California, Mr. Capuano, Mr. Gonzalez, Mr. Davis of Alabama, Ms. Lee of California, Mr. Scott of Virginia, Mr. Nadler of New York, and Mrs. Davis of California) introduced the following bill; which was referred to the Committee on House Administration March 25, 2010 Committed to the Committee of the Whole House on the State of the Union and ordered to be printed 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 2010 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. .

March 25, 2010 Committed to the Committee of the Whole House on the State of the Union and ordered to be printed