I 111th CONGRESS 2d Session H. R. 5794 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.

1.

Short Title

This Act may be cited as the Let My Absentee Ballot Count Act of 2010.

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:

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. .