[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 4707 Introduced in Senate (IS)]

<DOC>






116th CONGRESS
  2d Session
                                S. 4707

To amend the Help America Vote Act of 2002 to provide Federal standards 
 for mail-in ballots and reporting of election results with respect to 
                     elections for Federal office.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 24, 2020

  Mr. Scott of Florida 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 Federal standards 
 for mail-in ballots and reporting of election results with respect to 
                     elections for Federal office.

    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 ``Verifiable, Orderly, and Timely 
Election Results Act''.

SEC. 2. FEDERAL STANDARDS FOR MAIL-IN BALLOTS.

    (a) In General.--Title III of the Help America Vote Act of 2002 (52 
U.S.C. 20901 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. FEDERAL STANDARDS FOR MAIL-IN BALLOTS.

    ``(a) In General.--When otherwise permitted by State law, any vote-
by-mail system used in an election for Federal office must be designed 
and implemented to ensure a secure, uniform, and timely system to cast 
a mail-in ballot in accordance with this section.
    ``(b) Requests.--
            ``(1) In general.--Requests for a mail-in ballot under such 
        system may be submitted electronically or by postal mail using 
        a standardized form approved for such requests by the chief 
        State election official.
            ``(2) Request.--The form for such requests must enable an 
        election official who receives the request to confirm--
                    ``(A) the identity of the individual submitting the 
                request;
                    ``(B) that the individual is validly registered to 
                vote in the jurisdiction where the request is 
                submitted; and
                    ``(C) that the individual continues to reside at 
                the physical address where the individual is registered 
                to vote (if different than the mailing address where 
                the ballot is requested to be sent).
            ``(3) Deadline for submission.--Such request must be 
        submitted by an individual and received by the office of the 
        State or local election supervisor not later than 21 days 
        before the date of the election for Federal office.
            ``(4) Mailing of ballots.--Upon receipt of such a request, 
        the State or local election supervisor shall fulfill the 
        request by mailing a mail-in ballot to the individual within 3 
        days.
    ``(c) Requirements for State or Local Election Officials.--The 
office of the State or local election supervisor shall--
            ``(1) record the total number of mail-in ballots sent to 
        voters pursuant to this section; and
            ``(2) include a notation on the voter rolls maintained by 
        the office and provided to the individual polling locations, 
        which identifies that a voter has received a mail-in ballot and 
        the date that mail-in ballot was sent to the voter.
    ``(d) Ballot Requirements.--
            ``(1) In general.--To be considered validly cast and 
        eligible to be counted in an election for Federal office, a 
        mail-in ballot must--
                    ``(A) be marked using blue or black ink, and 
                properly designate the individual's vote for each 
                candidate;
                    ``(B) be signed by the individual using the same 
                signature the individual used to register to vote;
                    ``(C) be dated;
                    ``(D) be received by the appropriate election 
                official no later than the time polls close on the date 
                of the election;
                    ``(E) include an attestation, signed by the 
                individual, that the individual submitting the mail-in 
                ballot is--
                            ``(i) the individual to whom the ballot was 
                        mailed;
                            ``(ii) registered to vote in the 
                        jurisdiction where the ballot is being 
                        submitted; and
                            ``(iii) submitting the mail-in ballot in 
                        lieu of casting a ballot in-person, and will 
                        not attempt to cast a ballot in-person after 
                        submitting the mail-in ballot.
            ``(2) Return of ballots in-person.--An individual may 
        choose to return a mail-in ballot in-person to the polling 
        place where the individual is registered to vote in lieu of 
        returning the ballot by mail.
    ``(e) Option To Vote In-Person.--
            ``(1) In general.--An individual who receives a mail-in 
        ballot with respect to an election for Federal office may 
        instead vote in-person in such election if the individual turns 
        in the blank or incomplete mail-in ballot received by the 
        individual to the polling location where the individual plans 
        to vote in-person.
            ``(2) Provisional ballot.--If the individual attempts to 
        vote in-person but does not bring their blank or incomplete 
        mail-in ballot to the polling location, the individual shall be 
        directed to complete a provisional ballot.
    ``(f) Persons Permitted To Possess Mail-In Ballots.--
            ``(1) In general.--It shall be unlawful for any person to 
        possess or return a mail-in ballot completed by another person, 
        except as provided in this subsection.
            ``(2) Immediate family member.--
                    ``(A) In general.--A person may possess or return a 
                mail-in ballot completed by an immediate family member, 
                provided that the person does not possess more than two 
                such completed mail-in ballots other than his or her 
                own.
                    ``(B) Definition of immediate family member.--In 
                this paragraph, the term `immediate family member' 
                means the spouse, child, parent, grandparent, or 
                sibling of the person.
            ``(3) Caregiver.--
                    ``(A) In general.--A caregiver may possess or 
                return a mail-in ballot completed by a person under the 
                supervision or care of the caregiver, provided that the 
                caregiver does not possess more than two such completed 
                mail-in ballots other than his or her own.
                    ``(B) Definition of caregiver.--In this paragraph, 
                the term `caregiver' means an individual who has the 
                responsibility for the care of an older individual, 
                either voluntarily, by contract, by receipt of payment 
                for care, or as a result of the operation of law and 
                means an individual who provides (on behalf of such 
                individual or of a public or private agency, 
                organization, or institution) compensated or 
                uncompensated care to an older individual.
            ``(4) Incidental possession excepted.--The prohibition 
        under paragraph (1) shall not apply to the incidental 
        possession of mail-in ballots by a postal worker or election 
        official acting within the scope of his or her official 
        capacity.
            ``(5) Penalty.--Any person who violates this subsection 
        shall be fined under title 18, United States Code, or 
        imprisoned not more than 1 year, or both.
    ``(g) Effective Date.--This section shall apply with respect to 
elections for Federal office held after the date of the enactment of 
this section.''.
    (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 304''.

SEC. 3. FEDERAL STANDARDS FOR REPORTING ELECTION RESULTS.

    (a) In General.--Title III of the Help America Vote Act of 2002 (52 
U.S.C. 20901 et seq.), as amended by section 2(a), is amended--
            (1) by redesignating sections 305 and 306 as sections 306 
        and 307, respectively; and
            (2) by inserting after section 304 the following new 
        section:

``SEC. 305. FEDERAL STANDARDS FOR REPORTING ELECTION RESULTS.

    ``(a) In General.--The chief State election official shall ensure 
that ballots validly cast in an election for Federal office are able to 
be counted and reported in a timely manner as follows:
            ``(1) Mail-in ballots received prior to the date of the 
        election shall be counted beginning at the time polls open on 
        the date of the election.
            ``(2) One hour after polls close on the date of the 
        election, each voting precinct shall report to the chief State 
        election official the following:
                    ``(A) The total number of mail-in ballots received 
                by the voting precinct.
                    ``(B) The total number of ballots cast in-person in 
                the voting precinct.
                    ``(C) Of the ballots reported under subparagraphs 
                (A) and (B), the number of such ballots that have been 
                counted and the number of such ballots that remain to 
                be counted.
            ``(3) All ballots validly cast in an election for Federal 
        office shall be counted and reported within 24 hours after the 
        conclusion of voting on the date of the election.
    ``(b) Effective Date.--This section shall apply with respect to 
elections for Federal office held after the date of the enactment of 
this section.''.
    (b) Conforming Amendment Relating to Enforcement.--Section 401 of 
such Act (52 U.S.C. 21111), as amended by section 2(b), is amended by 
striking ``and 304'' and inserting ``304, and 305''.
                                 <all>