[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5794 Introduced in House (IH)]

111th CONGRESS
  2d Session
                                H. R. 5794

 To amend the Help America Vote Act of 2002 to establish requirements 
for the treatment of absentee ballots in elections for Federal office, 
                        and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 20, 2010

   Mr. Baca 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 establish requirements 
for the treatment of absentee ballots 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 ``Let My Absentee Ballot Count Act of 
2010''.

SEC. 2. REQUIREMENTS FOR TREATMENT OF ABSENTEE BALLOTS IN FEDERAL 
              ELECTIONS.

    (a) Requirements Described.--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:

``SEC. 303A. REQUIREMENTS FOR TREATMENT OF ABSENTEE BALLOTS.

    ``(a) Procedures for Design of Ballot.--
            ``(1) Consultation with united states postal service to 
        minimize postage requirements.--In designing the absentee 
        ballot used in an election for Federal office, the appropriate 
        State and local election officials shall consult with the 
        United States Postal Service so that the ballot is designed in 
        a manner which minimizes the amount of postage required for the 
        voter to return the ballot.
            ``(2) Requiring outer envelope for ballot.--A State shall 
        design each absentee ballot used in an election for Federal 
        office in a manner which includes an envelope or other covering 
        so that the contents of the ballot are not visible during 
        transmission.
    ``(b) Confirmation of Acceptance of Ballot Prior to Election.--
            ``(1) Requirement to implement tracking procedures.--
                    ``(A) In general.--The State or local election 
                official responsible for the receipt of voted absentee 
                ballots in an election for Federal office shall 
                implement procedures to track and confirm the receipt 
                of such ballots, and to make information on the receipt 
                of such ballots available prior to the date of the 
                election to the individual who cast the ballot, by 
                means of online access using the Internet site of the 
                official's office.
                    ``(B) Use of toll-free telephone number.--If the 
                office of the election official responsible for the 
                receipt of voted absentee ballots in an election for 
                Federal office does not have an Internet site, the 
                official may meet the requirements of subparagraph (A) 
                by operating a toll-free telephone number that may be 
                used by an individual who cast an absentee ballot to 
                obtain the information involved.
                    ``(C) Information specified.--The information 
                referred to in subparagraphs (A) and (B) 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) Treatment of individuals subsequently casting ballots 
        at polling place.--If an individual is informed prior to the 
        date of an election in accordance with the procedures 
        implemented under paragraph (1) that a vote cast by the 
        individual on an absentee ballot will not be counted in the 
        election and the individual casts a ballot at the polling place 
        on the date of the election--
                    ``(A) the vote cast on the absentee ballot shall 
                not be counted in the election;
                    ``(B) the ballot cast at the polling place shall be 
                treated as a regular ballot and not as a provisional 
                ballot (unless the ballot would otherwise be subject to 
                treatment as a provisional ballot under section 
                302(a)), and shall be counted if the individual is 
                eligible to vote in the election; and
                    ``(C) the individual shall not be considered to be 
                in violation of any law which prohibits an individual 
                from casting more than one vote in any election;
        without regard to whether or not the information provided to 
        the individual in accordance with the procedures implemented 
        under paragraph (1) is correct.
    ``(c) Prohibiting Rejection of Ballot for Lack of Notarization.--A 
State may not refuse to accept an absentee ballot in an election for 
Federal office solely on the grounds that the ballot is not notarized 
or signed by a witness.
    ``(d) No Effect on Requirements Applicable to Absentee Voting by 
Members of Uniformed Services or Overseas Citizens.--The provisions of 
this section may not be construed to affect any requirement of the 
Uniformed and Overseas Citizens Absentee Voting Act.''.
    (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 such Act is 
amended by inserting after the item relating to section 303 the 
following:

``Sec. 303A. Requirements for treatment of absentee ballots.''.
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