[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8189 Introduced in House (IH)]

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116th CONGRESS
  2d Session
                                H. R. 8189

  To amend the Help America Vote Act of 2002 to prohibit a State from 
   counting a ballot cast in an election for Federal office which is 
         received by the State after the date of the election.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 8, 2020

 Mr. Gohmert 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 prohibit a State from 
   counting a ballot cast in an election for Federal office which is 
         received by the State after the date of the election.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. PROHIBITING COUNTING BALLOTS RECEIVED AFTER DATE OF 
              ELECTION.

    (a) Prohibition.--Title III of the Help America Vote Act of 2002 
(52 U.S.C. 21081 et seq.) is amended by inserting after section 303 the 
following new section:

``SEC. 303A. PROHIBITING COUNTING OF BALLOTS RECEIVED AFTER DATE OF 
              ELECTION.

    ``(a) Prohibition.--A State may not count a ballot cast in an 
election for Federal office which is received by the State after the 
date of the election. For purposes of this subsection, a ballot shall 
be considered to be received by the State after the date of the 
election if the ballot is not received by the appropriate State or 
local election official prior to 12:01 a.m. on the day after the date 
of the election.
    ``(b) Exception for Absent Uniformed Services Voters and Overseas 
Citizens.--Subsection (a) does not apply with respect to any individual 
who is entitled to vote by absentee ballot under the Uniformed and 
Overseas Citizens Absentee Voting Act (52 U.S.C. 20301 et seq.).
    ``(c) Effective Date.--This section shall apply with respect to the 
regularly scheduled general election for Federal office held in 
November 2020 and each succeeding election for Federal office.''.
    (b) 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 303A''.
    (c) Clerical Amendment.--The table of contents of such Act is 
amended by inserting after the item relating to section 303 the 
following new item:

``Sec. 303A. Prohibiting counting of ballots received after date of 
                            election.''.
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