[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 3440 Introduced in Senate (IS)]

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116th CONGRESS
  2d Session
                                S. 3440

To require States to adopt contingency plans to prevent the disruption 
 of Federal elections from the COVID-19 virus, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 11, 2020

   Mr. Wyden introduced the following bill; which was read twice and 
         referred to the Committee on Rules and Administration

_______________________________________________________________________

                                 A BILL


 
To require States to adopt contingency plans to prevent the disruption 
 of Federal elections from the COVID-19 virus, 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 ``Resilient Elections During 
Quarantines and Natural Disasters Act of 2020''.

SEC. 2. REQUIREMENTS FOR FEDERAL ELECTION CONTINGENCY PLANS IN RESPONSE 
              TO COVID-19.

    (a) In General.--Not later than 30 days after the date of the 
enactment of this Act, each State and jurisdiction shall establish and 
make publicly available a contingency plan to enable individuals to 
vote in elections for Federal office in any case in which a significant 
number of individuals in such State or jurisdiction are unable to vote 
because--
            (1) they are under a quarantine that is--
                    (A) imposed by a government order in response to 
                the coronavirus disease 2019 (referred to in this 
                section as ``COVID-19''); or
                    (B) recommended by a government official or public 
                health expert in response to COVID-19; or
            (2) their polling place is closed because poll workers or 
        election officials are under a quarantine that is--
                    (A) imposed by a government order in response to 
                COVID-19; or
                    (B) recommended by a government official or public 
                health expert in response to COVID-19.
    (b) Requirement To Plan for Voters To Be Able To Request Absentee 
Ballots Online and Vote by Mail.--The contingency plan established 
under subsection (a) shall--
            (1) permit all individuals who are registered to vote to--
                    (A) submit an online request for an absentee 
                ballot; and
                    (B) cast a vote in Federal elections by mail; and
            (2) provide for the extension of vote-by-mail deadlines if 
        postal service is disrupted as a result of COVID-19.
    (c) State.--For purposes of this section, the term ``State'' 
includes the District of Columbia, the Commonwealth of Puerto Rico, 
Guam, American Samoa, the United States Virgin Islands, and the 
Commonwealth of the Northern Mariana Islands.
    (d) Enforcement.--The Attorney General may bring a civil action 
against any State or jurisdiction in an appropriate United States 
District Court for such declaratory and injunctive relief (including a 
temporary restraining order, a permanent or temporary injunction, or 
other order) as may be necessary to carry out the requirements of this 
section.

SEC. 3. REQUIREMENT TO ALLOW NO-EXCUSE ABSENTEE VOTING DURING CERTAIN 
              PERIODS.

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

                    ``Subtitle C--Other Requirements

``SECTION 321. NO-EXCUSE ABSENTEE VOTING DURING NATIONAL EMERGENCIES.

    ``(a) In General.--Notwithstanding section 6(c) of the National 
Voter Registration Act of 1993 (52 U.S.C. 20505(c)), in the case of any 
election for Federal office occurring during any period described in 
subsection (b), each State and jurisdiction shall--
            ``(1) permit any eligible voter to use absentee 
        registration procedures and to vote by absentee ballot; and
            ``(2) comply with the requirements of subsection (d).
For purposes of this subsection, an election shall be considered to 
occur during a period described in subsection (b) if votes may be cast 
in such election (through absentee balloting, early voting, or 
otherwise) on any day during such period.
    ``(b) Period Described.--
            ``(1) In general.--A period described in this subsection is 
        a period--
                    ``(A) subject to paragraph (2), that begins with 
                the date that is 30 days after the date on which at 
                least 25 percent of States have declared an emergency 
                (under the laws of the State) with respect to any 
                single natural disaster or infectious disease 
                (including the coronavirus disease 2019 (referred to in 
                this section as `COVID-19')); and
                    ``(B) that ends with--
                            ``(i) in the case of a State that did not 
                        declare an emergency with respect to the single 
                        natural disaster or infectious disease 
                        described in subparagraph (A), 180 days after 
                        the first date on which less than 25 percent of 
                        States have an emergency declaration in effect 
                        with respect to such natural disaster or 
                        disease; and
                            ``(ii) in the case of a State that did 
                        declare an emergency with respect to such 
                        natural disaster or infectious disease, the 
                        later of--
                                    ``(I) 180 days after the date on 
                                which the State declares that the 
                                emergency is no longer in effect; and
                                    ``(II) the date described in clause 
                                (i).
            ``(2) Special period.--If, as of the date of enactment of 
        this section, at least 25 percent of States have declared an 
        emergency (under the laws of the State) with respect to any 
        single natural disaster or infectious disease (including COVID-
        19), then a period described in this subsection shall begin on 
        the date that is 30 days after the date of enactment of this 
        section.
            ``(3) Treatment of emergency declarations by certain 
        counties and cities.--For purposes of this subsection, a State 
        shall be deemed to have declared an emergency under the laws of 
        the State with respect to a natural disaster or infectious 
        disease (including COVID-19) if an emergency is declared with 
        respect to such disaster or infectious disease by a city, 
        county, parish, or other political subdivision of the State 
        that has a population that is greater than 1,000,000.
    ``(c) State Option To Declare Emergency Voting Period.--
            ``(1) In general.--Notwithstanding section 6(c) of the 
        National Voter Registration Act of 1993 (52 U.S.C. 20505(c)), 
        if the Governor of a State has declared an emergency voting 
        period with respect to the State in accordance with paragraph 
        (2), the State and any jurisdiction in the State, with respect 
        to any election for Federal office occurring during such 
        period, shall--
                    ``(A) permit any eligible voter to use absentee 
                registration procedures and to vote by absentee ballot; 
                and
                    ``(B) comply with the requirements of subsection 
                (d).
        For purposes of this paragraph, an election shall be considered 
        to occur during an emergency voting period if votes may be cast 
        in such election (through absentee balloting, early voting, or 
        otherwise) on any day during such period.
            ``(2) Emergency voting period.--
                    ``(A) In general.--The Governor of a State may 
                declare an emergency voting period in the State by--
                            ``(i) stating that a natural disaster or 
                        infectious disease (including COVID-19) has 
                        resulted in emergency conditions in the State; 
                        and
                            ``(ii) invoking the authority provided 
                        under this subsection to apply the absentee 
                        registration procedures and absentee voting 
                        requirements described in paragraph (1) to the 
                        State.
                    ``(B) Duration of emergency voting period.--An 
                emergency voting period declared by a Governor of a 
                State under subparagraph (A)--
                            ``(i) shall begin on the date that is 30 
                        days after the Governor declares the emergency 
                        voting period in accordance with subparagraph 
                        (A); and
                            ``(ii) shall end on the later of--
                                    ``(I) 180 days after the date on 
                                which the Governor declares that 
                                emergency conditions no longer exist in 
                                the State; and
                                    ``(II) if applicable, the date on 
                                which the period described in 
                                subsection (b) ends.
    ``(d) Absentee Registration and Voting Requirements.--The 
requirements described in this subsection are the following:
            ``(1) Deadline for absentee ballots.--If a ballot submitted 
        by an individual by mail with respect to an election for 
        Federal office in the State is postmarked on or before the date 
        of the election, the State may not refuse to accept or process 
        the ballot on the grounds that the individual did not meet a 
        deadline for returning the ballot to the appropriate State or 
        local election official.
            ``(2) Absentee ballot requests.--The State shall--
                    ``(A) permit any eligible voter to submit an online 
                request for an absentee ballot to vote in an election 
                for Federal office in the State;
                    ``(B) send an absentee ballot to vote in an 
                election for Federal office in the State by mail to any 
                eligible voter that submits a request for such a ballot 
                on or before the date that is 5 days before the date of 
                such election; and
                    ``(C) on or before the date that is 1 day before 
                the date of an election for Federal office in the 
                State, permit any eligible voter that submits a request 
                for an absentee ballot to vote in such election to 
                download or receive via electronic mail a version of 
                such ballot that the voter may print out and mail in.
            ``(3) No excuse required.--The State shall not require that 
        an eligible voter provide a reason in order to vote by absentee 
        ballot or request to receive an absentee ballot.
            ``(4) No write-in ballots.--Any absentee ballot for an 
        election for Federal office in the State that is provided to an 
        eligible voter pursuant to paragraph (2) shall include the name 
        of each candidate for such office.
    ``(e) State.--For purposes of this section, the term `State' 
includes the District of Columbia, the Commonwealth of Puerto Rico, 
Guam, American Samoa, the United States Virgin Islands, and the 
Commonwealth of the Northern Mariana Islands.
    ``(f) Private Right of Action.--
            ``(1) In general.--In the case of a violation of this 
        section, section 402 shall not apply and any person who is 
        aggrieved by such violation may provide written notice of the 
        violation to the chief election official of the State involved.
            ``(2) Relief.--If the violation is not corrected within 20 
        days after receipt of a notice under paragraph (1), or within 5 
        days after receipt of the notice if the violation occurred 
        within 120 days before the date of an election for Federal 
        office, the aggrieved person may, in a civil action, obtain 
        declaratory or injunctive relief with respect to the 
        violation.''.
    (b) Enforcement by Attorney General.--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 321''.
    (c) Clerical Amendment.--The table of contents of the Help America 
Vote Act of 2002 is amended by inserting after the item relating to 
section 312 the following:

                    ``Subtitle C--Other Requirements

``Sec. 321. No-excuse absentee voting during national emergencies.''.

SEC. 4. REQUIREMENT FOR PREPAID RETURN ENVELOPES FOR ABSENTEE BALLOTS.

    (a) In General.--Subtitle A of title III of the Help America Vote 
Act of 2002 (52 U.S.C. 21081 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. USE OF PREPAID SELF-SEALING RETURN ENVELOPES.

    ``(a) In General.--Each State and local jurisdiction shall provide 
with any voter registration application, absentee ballot application, 
or blank absentee ballot sent by mail a self-sealing return envelope 
with prepaid postage or subject to an arrangement whereby the State 
will reimburse the United States Postal Service for the postage of any 
such return envelope that is sent by mail.
    ``(b) State.--For purposes of this section, the term `State' 
includes the District of Columbia, the Commonwealth of Puerto Rico, 
Guam, American Samoa, the United States Virgin Islands, and the 
Commonwealth of the Northern Mariana Islands.
    ``(c) Effective Date.--The requirements of this section shall apply 
to materials sent by States and local jurisdictions after the date that 
is 60 days after the date of the enactment of this Act.''.
    (b) Conforming Amendment Relating to Enforcement.--Section 401 of 
such Act (52 U.S.C. 21111), as amended by section 3(b), is amended by 
inserting ``304,'' after ``303,''.
    (c) 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. Use of prepaid self-sealing return envelopes.''.

SEC. 5. REIMBURSEMENTS TO STATES.

    (a) In General.--Subtitle D of title II of the Help America Vote 
Act of 2002 (52 U.S.C. 21001 et seq.) is amended by adding at the end 
the following:

   ``PART 7--REIMBURSEMENTS FOR CERTAIN FEDERAL ELECTION EXPENDITURES

``SEC. 297. REIMBURSEMENTS.

    ``(a) In General.--The Commission shall make payments to each State 
equal to the following costs incurred by the State (and local 
jurisdictions within the State):
            ``(1) Costs of printing and mailing ballots and balloting 
        material to absentee voters.
            ``(2) Costs for providing return envelopes and the postage 
        associated with such envelopes pursuant to section 304.
            ``(3) Costs of purchasing high speed scanners and other 
        equipment for processing absentee ballots.
            ``(4) Costs of purchasing and deploying absentee ballot 
        drop boxes.
            ``(5) Costs paid or incurred in complying with section 2 of 
        the Resilient Elections During Quarantines and Natural 
        Disasters Act of 2020.
            ``(6) Any costs not described in paragraph (1) that are 
        paid or incurred in complying with section 321.
    ``(b) Limitation.--No funds may be provided to a State under this 
section for costs attributable to the electronic return of marked 
ballots by any voter.
    ``(c) Pass-Through of Funds to Local Jurisdictions.--
            ``(1) In general.--Subject to paragraph (2), if a State 
        receives a payment under this section for costs that include 
        costs incurred by a local jurisdiction within the State, the 
        State shall pass through to such local jurisdiction a portion 
        of such payment that is equal to the amount of the costs 
        incurred by such local jurisdiction.
            ``(2) Insufficient funds.--If a State receives a payment 
        for a period under this section that, as a result of the 
        application of subsection (d), is less than the aggregate 
        amount of costs described in subsection (a) for such State for 
        such period, than the portion of such payment that the State is 
        required to pass through to a local jurisdiction under 
        paragraph (1) shall not exceed the amount which bears the same 
        ratio to the total amount of costs incurred by such local 
        jurisdiction for such period as--
                    ``(A) the amount of the payment received by the 
                State under this section for the period; bears to
                    ``(B) the aggregate amount of costs described in 
                subsection (a) for such State for such period.
    ``(d) Insufficient Funds.--If the amount appropriated under section 
298 exceeds the aggregate costs incurred by all States for the amounts 
described in subsection (a) for any period, the amount of payment made 
under such subsection to each State shall not exceed the amount which 
bears the same ratio to the aggregate amount of costs described in 
subsection (a) for such State for such period as--
            ``(1) the voting age population of the State (as reported 
        in the most recent decennial census); bears to
            ``(2) the total voting age population of all States (as 
        reported in the most recent decennial census).
    ``(e) State.--For purposes of this section, the term `State' 
includes the District of Columbia, the Commonwealth of Puerto Rico, 
Guam, American Samoa, the United States Virgin Islands, and the 
Commonwealth of the Northern Mariana Islands.

``SEC. 298. AUTHORIZATION OF APPROPRIATIONS.

    ``(a) In General.--There are authorized to be appropriated for 
payments under this part $500,000,000 for fiscal year 2020.
    ``(b) Availability of Funds.--Amounts appropriated pursuant to the 
authorization under this section shall remain available, without fiscal 
year limitation, until fiscal year 2030.''.
    (b) Clerical Amendment.--The table of contents of the Help America 
Vote Act of 2002 is amended by inserting after the item relating to 
section 296 the following:

                ``Part 7--Ballot Tracking Reimbursements

``Sec. 297. Reimbursements.
``Sec. 298. Authorization of appropriations.''.
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