[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3552 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 3552

To amend the Help America Vote Act of 2002 to clarify the treatment of 
provisional ballots cast in elections for Federal office, and for other 
                               purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 10, 2009

   Mr. Holt 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 clarify the treatment of 
provisional ballots cast in elections for Federal office, 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 ``Provisional Ballot Fairness in 
Counting Act of 2009''.

SEC. 2. UNIFORM STANDARD FOR TREATMENT OF PROVISIONAL BALLOTS CAST AT 
              INCORRECT POLLING PLACES.

    Section 302(a)(4) of the Help America Vote Act of 2002 (42 U.S.C. 
15482(a)(4)) is amended to read as follows:
            ``(4) The provisional ballot of an individual who is a 
        registered voter in a jurisdiction in a State and who is 
        eligible to vote in an election for Federal office in the State 
        shall be counted as a vote in such an election if the 
        appropriate State or local election official to whom the ballot 
        or voter information is transmitted under paragraph (3)--
                    ``(A) in the case of an election for electors for 
                President or for the office of a Senator, determines 
                that the individual is registered to vote in the State 
                in which the provisional ballot is cast; and
                    ``(B) in the case of an election for the office of 
                a Member of the House of Representatives (including a 
                Delegate or Resident Commissioner to the Congress), 
                determines that the individual is registered to vote in 
                the Congressional district in which the provisional 
                ballot is cast.''.

SEC. 3. MINIMUM CONTENTS OF PROVISIONAL BALLOTS.

    Section 302(a)(1) of the Help America Vote Act of 2002 (42 U.S.C. 
15482(a)(1)) is amended by adding at the end the following new 
sentence: ``The provisional ballot shall include (at a minimum) all 
information required for the individual to cast a vote in each election 
for Federal office held at the polling place.''.

SEC. 4. TREATMENT OF VOTERS WHO VOTE AFTER CLOSING OF POLLING PLACES.

    Section 302(c) of the Help America Vote Act of 2002 (42 U.S.C. 
15482(c)) is amended to read as follows:
    ``(c) Equal Treatment of Voters Who Vote After the Polls Close.--
Any individual who votes in an election for Federal office as a result 
of a Federal or State court order or any other order extending the time 
established for closing the polls by a State law in effect 10 days 
before the date of that election shall cast the individual's ballot for 
the election in the same manner, and under the same terms and 
conditions, as any individual who votes in the election during the 
regular hours for the operation of polling places in the State, 
including the terms and conditions applicable to individuals permitted 
to cast provisional ballots under this section.''.

SEC. 5. TREATMENT OF BALLOTS AFTER CASTING.

    (a) Responsibility of Election Official To Notify Individual of 
Determination of Eligibility of Ballot.--
            (1) In general.--Section 302(a)(5) of the Help America Vote 
        Act of 2002 (42 U.S.C. 15482(a)(5)) is amended to read as 
        follows:
            ``(5)(A) Not later than 24 hours after determining whether 
        or not the vote of an individual who casts a provisional ballot 
        in an election will be counted in that election under this Act, 
        the appropriate State or local election official shall notify 
        the individual of the determination and (if the determination 
        is made that the vote will not be counted) the reasons for the 
        determination and the individual's right to challenge the 
        determination under the procedures established under 
        subparagraph (B).
            ``(B) Each State shall establish procedures, including a 
        free access system (such as a toll-free telephone number or an 
        Internet website), under which an individual who casts a 
        provisional ballot in an election and who is notified by the 
        appropriate State or local election official that the 
        provisional ballot cast by the individual will not be counted 
        as a vote in the election may challenge the determination prior 
        to the final tabulation of ballots in the election.
            ``(C) In carrying out subparagraph (B), each State shall 
        ensure that, in each jurisdiction of the State, an appropriate 
        State or local election official operates open office hours for 
        at least 8 hours on the day after the date of the election, 
        during which a voter who cast a provisional ballot in the 
        election may contact the official and challenge the 
        determination under the procedures established under 
        subparagraph (B).''.
            (2) Conforming amendment.--Section 302(a) of such Act (42 
        U.S.C. 15482(a)) is amended in the matter following paragraph 
        (5) by striking ``The appropriate State or local official'' and 
        all that follows through ``paragraph (5)(B).''.
    (b) Prohibiting Initiation of Recount or Certification of Results 
Prior to Review of Provisional Ballots Cast; Standards For 
Determination of Acceptance of Provisional Ballots.--Section 302(a) of 
such Act (42 U.S.C. 15482(a)) is amended by inserting after paragraph 
(5) the following new paragraphs:
            ``(6) The chief State election official may not make any 
        determination regarding the applicability of any requirement 
        under State law to conduct a recount of the results of any 
        election for Federal office in the State, or certify the 
        results of any election for Federal office in the State, until 
        all of the votes cast by provisional ballot cast in the 
        election which are to be counted pursuant to this Act have been 
        counted.
            ``(7) In making a determination as to whether a vote cast 
        by an individual by provisional ballot will be counted in an 
        election, the chief State election official shall review not 
        only the official Statewide list of registered voters but any 
        other information which was submitted by the individual in the 
        process of applying to register to vote.''.
    (c) Treatment of Rejected Provisional Ballot as Application For 
Voter Registration.--Section 302(a) of such Act (42 U.S.C. 15482(a)), 
as amended by subsection (b), is amended by inserting after paragraph 
(7) the following new paragraph:
            ``(8) If a provisional ballot cast by an individual in an 
        election for Federal office is rejected on the ground that the 
        individual is not registered to vote in the election, the 
        ballot shall be treated (for purposes of this Act, the National 
        Voter Registration Act of 1993, and applicable State law) as an 
        application by the individual for voter registration in the 
        appropriate registrar's jurisdiction with respect to the next 
        election for Federal office held in the jurisdiction, under the 
        same terms and conditions applicable to applications for voter 
        registration under this Act, including section 303(b)(4) 
        (relating to the treatment of incomplete forms).''.

SEC. 6. EFFECTIVE DATE.

    Section 302(d) of the Help America Vote Act of 2002 (42 U.S.C. 
15482(d)) is amended to read as follows:
    ``(d) Effective Date.--
            ``(1) In general.--Except as provided in paragraph (2), 
        each State and jurisdiction shall be required to comply with 
        the requirements of this section on and after January 1, 2004.
            ``(2) Delayed effective date for certain provisions.--To 
        the extent that any provision of this section was amended by 
        the Provisional Ballot Fairness in Counting Act of 2009, such 
        provision shall apply with respect to the regularly scheduled 
        general election for Federal office held in November 2010 and 
        each succeeding election for Federal office.''.
                                 <all>