[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 1397 Introduced in Senate (IS)]

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116th CONGRESS
  1st Session
                                S. 1397

 To amend the Help America Vote Act of 2002 to provide for a national 
           Federal write-in absentee ballot for domestic use.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 9, 2019

 Ms. Klobuchar (for herself, Mrs. Feinstein, Mr. King, Mr. Brown, Mr. 
Udall, Mr. Merkley, Mr. Wyden, and Mr. Bennet) introduced the following 
 bill; which was read twice and referred to the Committee on Rules and 
                             Administration

_______________________________________________________________________

                                 A BILL


 
 To amend the Help America Vote Act of 2002 to provide for a national 
           Federal write-in absentee ballot for domestic use.

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

SECTION 1. FEDERAL WRITE-IN ABSENTEE BALLOT FOR DOMESTIC USE.

    (a) In General.--
            (1) In general.--Title III of the Help America Vote Act of 
        2002 (52 U.S.C. 21081) is amended by adding at the end the 
        following new subtitle:

                 ``Subtitle C--Additional Requirements

``SEC. 321. USE OF NATIONAL FEDERAL WRITE-IN ABSENTEE BALLOT FOR 
              DOMESTIC USE.

    ``(a) In General.--Each State shall permit qualified individuals to 
use the national Federal write-in absentee ballot prescribed by the 
Election Assistance Commission under section 298 to cast a vote in any 
election for Federal office.
    ``(b) Qualified Individual.--For purposes of this section:
            ``(1) In general.--Except as provided in paragraph (2), the 
        term `qualified individual' means any individual who is 
        otherwise qualified to vote in a Federal election in a State 
        and who--
                    ``(A) resides in an area of a State with respect to 
                which an emergency has been declared by the Governor of 
                the State (with respect to any portion of the State) 
                due to a natural disaster, including severe weather;
                    ``(B) expects to be absent from such individual's 
                jurisdiction on the day of the election for Federal 
                office due to professional or volunteer service in 
                response to a natural disaster or emergency as so 
                declared;
                    ``(C) expects to be hospitalized on the day of the 
                election for Federal office; or
                    ``(D)(i) has requested an absentee ballot from the 
                State or jurisdiction where such individual is 
                registered to vote; and
                    ``(ii) has not received such absentee ballot before 
                a date on which such individual can return such ballot 
                in time to be counted in the election.
            ``(2) Coordination with federal write-in ballot for absent 
        uniformed services and overseas voters.--The term `qualified 
        individual' shall not include an individual who--
                    ``(A) is an absent uniformed services voter (as 
                defined in section 107(1) of the Uniformed and Overseas 
                Citizens Absentee Voting Act (52 U.S.C. 20310(1))) or 
                an overseas voter (as defined in section 107(5) of such 
                Act (52 U.S.C. 20310(5))); and
                    ``(B) who is entitled to vote using the Federal 
                write-in absentee ballot developed under section 103 of 
                such Act (52 U.S.C. 20303).
    ``(c) Submission and Processing.--
            ``(1) In general.--Except as otherwise provided in this 
        section, a national Federal write-in absentee ballot to which 
        this section applies shall be submitted and processed in the 
        manner provided by law for absentee ballots in the State 
        involved.
            ``(2) Deadline.--An otherwise eligible national Federal 
        write-in absentee ballot to which this section applies shall be 
        counted if postmarked or signed before the close of the polls 
        on election day and received by the appropriate State election 
        official on or before the day on which final vote totals are 
        required by law to be submitted to the State for an official 
        canvass of the election.
    ``(d) Special Rules.--The following rules shall apply with respect 
to national Federal write-in absentee ballots to which this section 
applies:
            ``(1) In completing the ballot, the voter may designate a 
        candidate by writing in the name of the candidate or by writing 
        in the name of a political party (in which case the ballot 
        shall be counted for the candidate of that political party).
            ``(2) In the case of the offices of President and Vice 
        President, a vote for a named candidate or a vote by writing in 
        the name of a political party shall be counted as a vote for 
        the electors supporting the candidate involved.
            ``(3) Any abbreviation, misspelling, or other minor 
        variation in the form of the name of a candidate or a political 
        party shall be disregarded in determining the validity of the 
        ballot.
    ``(e) Prohibiting Refusal To Accept Ballot for Failure To Meet 
Certain Requirements.--A State shall not refuse to accept and process 
any otherwise valid Federal write-in absentee ballot submitted in any 
manner by a qualified individual solely on the basis of the following:
            ``(1) Notarization requirements.
            ``(2) Restrictions on paper type, including weight and 
        size.
            ``(3) Restrictions on envelope type, including weight and 
        size.
    ``(f) Effective Date.--Each State shall be required to comply with 
the requirements of this section on and after January 1, 2020.''.
            (2) Conforming amendments.--
                    (A) Section 401 of the Help America Vote Act of 
                2002 (52 U.S.C. 21111) is amended by striking ``and 
                303'' and inserting ``303, and subtitle C''.
                    (B) The table of contents for such Act is amended 
                by inserting after the item relating to section 312 the 
                following:

                 ``Subtitle C--Additional Requirements

``Sec. 321. Use of national Federal write-in absentee ballot for 
                            domestic use.''.
    (b) Form of National Federal Write-In Absentee Ballot.--
            (1) In general.--Title II of the Help America Vote Act of 
        2002 (52 U.S.C. 20921) is amended by adding at the end the 
        following new subtitle:

 ``Subtitle E--National Federal Write-In Absentee Ballot for Domestic 
                                  Use

``SEC. 297. NATIONAL FEDERAL WRITE-IN ABSENTEE BALLOT FOR DOMESTIC USE.

    ``(a) Form of Ballot.--
            ``(1) In general.--The Commission shall prescribe a 
        national Federal write-in absentee ballot (including a secrecy 
        envelope and mailing envelope for such ballot) for use in 
        elections for Federal office by qualified individuals (as 
        defined in section 321(b)).
            ``(2) Emergency designation.--The ballot prescribed under 
        paragraph (1) shall contain an affirmation, signed by the 
        person submitting the ballot, that--
                    ``(A) such individual is a qualified individual (as 
                defined in section 321(b));
                    ``(B) such individual has not and will not cast 
                another ballot with respect to the election for which 
                the national Federal write-in absentee ballot is cast; 
                and
                    ``(C) acknowledging that a material misstatement of 
                fact in completing the ballot may constitute grounds 
                for conviction of perjury.
    ``(b) Availability.--The Commission shall make the Federal write-in 
absentee ballot available on the Internet in a printable format.''.
            (2) Conforming amendments.--
                    (A) Section 202 of the Help America Vote Act of 
                2002 (52 U.S.C. 20922) is amended by redesignating 
                paragraphs (5) and (6) as paragraphs (6) and (7), 
                respectively, and by inserting after paragraph (4) the 
                following new paragraph:
            ``(5) carrying out the duties described in subtitle E;''.
                    (B) The table of contents for such Act is amended 
                by inserting after the item related to section 296 the 
                following:

 ``Subtitle E--National Federal Write-In Absentee Ballot for Domestic 
                                  Use

``Sec. 297. National Federal write-in absentee ballot for domestic 
                            use.''.
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