[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2547 Introduced in House (IH)]

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116th CONGRESS
  1st Session
                                H. R. 2547

 To amend the Help America Vote Act of 2002 to require States to allow 
     an individual to cure a mismatched signature on a mail-in or 
              provisional ballot, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 7, 2019

  Mr. Deutch (for himself and Mr. Hastings) 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 require States to allow 
     an individual to cure a mismatched signature on a mail-in or 
              provisional ballot, 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 ``Protecting American Votes Act''.

SEC. 2. PURPOSE.

    The purpose of this Act is--
            (1) to protect the due process rights of American voters;
            (2) to preserve free and fair elections; and
            (3) to prevent the disenfranchisement of eligible voters.

SEC. 3. NOTICE AND CURE PROCESS REQUIRED FOR MISMATCHED SIGNATURES ON 
              MAIL-IN AND PROVISIONAL BALLOTS.

    (a) In General.--Title III of the Help America Vote Act of 2002 (52 
U.S.C. 21083 et seq.) is amended--
            (1) by redesignating sections 304 and 305 as sections 305 
        and 306, respectively; and
            (2) by inserting after section 303 the following new 
        section:

``SEC. 304. SIGNATURE MISMATCH ON BALLOT SUBMITTED BY MAIL OR 
              PROVISIONAL BALLOT.

    ``(a) Covered State Defined.--In this section, the term `covered 
State' means a State in which, under State law, a ballot submitted by 
mail or a provisional ballot is not counted as a vote in an election 
for Federal office unless the State verifies the signature of the 
individual who submitted such ballot by comparing the signature on the 
envelope containing such ballot or a document accompanying such ballot 
and the signature of such individual on the official list of registered 
voters in the State or other official record, or other document.
    ``(b) Notice Required.--
            ``(1) In general.--If an individual submits a ballot by 
        mail or a provisional ballot in an election for Federal office 
        in a covered State, and the appropriate State or local election 
        official determines that a discrepancy exists between the 
        signature on the envelope containing such ballot or a document 
        accompanying such ballot used to verify the signature and the 
        signature of such individual on the official list of registered 
        voters in the State or other official record, or other document 
        used by the State to verify the signatures of voters, such 
        election official, prior to making a final determination as to 
        the validity of such ballot, shall make a good faith effort to 
        immediately notify such individual that--
                    ``(A) a discrepancy exists between the signature on 
                the envelope containing such ballot or a document 
                accompanying such ballot used to verify the signature 
                and the signature of such individual on the official 
                list of registered voters in the State or other 
                official record, or other document used by the State to 
                verify the signatures of voters;
                    ``(B) such individual may provide information to 
                cure such discrepancy in accordance with the procedures 
                established pursuant to subsection (c)(1)(A); and
                    ``(C) if such discrepancy is not cured, such ballot 
                will not be counted.
            ``(2) Form of notice.--An election official shall provide 
        the notice required by paragraph (1)--
                    ``(A) by regular mail; and
                    ``(B) by phone, electronic mail, or text message.
            ``(3) No effect on other notice requirements related to 
        provisional ballots.--In the case of an individual who submits 
        a provisional ballot, the requirements of this subsection shall 
        be in addition to the requirements applicable to such an 
        individual under section 302(a).
    ``(c) Opportunity To Cure.--
            ``(1) Establishment of procedures.--A covered State shall, 
        in a uniform and nondiscriminatory manner, establish 
        procedures--
                    ``(A) to allow an individual to whom notice is 
                provided under subsection (b)--
                            ``(i) to provide information to cure the 
                        discrepancy described in subsection (b)(1) by a 
                        date that is not less than 10 calendar days 
                        following the date on which the notice required 
                        under subsection (a) is given; and
                            ``(ii) if such information is rejected, to 
                        appeal the rejection; and
                    ``(B) prior to the date of final certification of 
                ballots in the election by such State, to provide such 
                individual a final determination as to the validity of 
                the ballot.
            ``(2) Counting of vote.--If the appropriate State or local 
        election official to whom information is provided under the 
        procedures established pursuant to paragraph (1)(A) determines 
        that the individual has a valid ballot, such ballot shall be 
        counted as a vote in that election in accordance with State 
        law.
    ``(d) Training Required.--A covered State shall prohibit an 
election official from participating in the counting of ballots 
submitted by mail or provisional ballots unless such official has 
completed formal signature matching training (as determined appropriate 
by the covered State).
    ``(e) Report.--
            ``(1) In general.--Not later than 120 days after the end of 
        a Federal election cycle, each chief State election official in 
        a covered State shall submit to Congress a report containing 
        the following information for the applicable Federal election 
        cycle in the State:
                    ``(A) The number of ballots invalidated due to a 
                discrepancy under this section.
                    ``(B) Description of attempts to contact voters to 
                provide notice as required by this section.
                    ``(C) Description of the cure process developed by 
                such State pursuant to this section, including the 
                number of ballots determined valid as a result of such 
                process.
            ``(2) Federal election cycle defined.--For purposes of this 
        subsection, the term `Federal election cycle' means the period 
        beginning on January 1 of any odd numbered year and ending on 
        December 31 of the following year.''.
    (b) Conforming Amendment Relating to Voluntary Guidance by Election 
Assistance Commission.--Section 311(b) of such Act (52 U.S.C. 21101) is 
amended--
            (1) in paragraph (2), by striking ``and'';
            (2) in paragraph (3), by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(4) in the case of the recommendations with respect to 
        section 304, 1 year after the date of enactment of the 
        Protecting American Votes Act.''.
    (c) Conforming Amendment Relating to Enforcement.--Section 401 of 
such Act (52 U.S.C. 21111) is amended by striking ``and 303'' and 
inserting ``303, and 304''.
    (d) Clerical Amendments.--The table of contents of such Act is 
amended--
            (1) by redesignating the items relating to sections 304 and 
        305 as relating to sections 305 and 306, respectively; and
            (2) by inserting after the item relating to section 303 the 
        following new item:

``Sec. 304. Signature mismatch on ballot submitted by mail or 
                            provisional ballot.''.

SEC. 4. EFFECTIVE DATE.

    The amendments by made this Act shall apply with respect to 
elections for Federal office held in 2020 or any succeeding year.
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