[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 776 Introduced in House (IH)]

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117th CONGRESS
  1st Session
                                H. R. 776

To amend the Help America Vote Act of 2002 to require States to provide 
   secured drop boxes for voted absentee ballots in an election for 
                Federal office, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            February 3, 2021

    Ms. Scanlon (for herself, Ms. Garcia of Texas, and Ms. Escobar) 
 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 provide 
   secured drop boxes for voted absentee ballots in an election for 
                Federal office, 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 ``Dropbox Access Act''.

SEC. 2. REQUIRING STATES TO PROVIDE SECURED DROP BOXES FOR VOTED 
              ABSENTEE BALLOTS IN ELECTIONS FOR FEDERAL OFFICE.

    (a) Requirement.--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 SECURED DROP BOXES FOR VOTED ABSENTEE BALLOTS.

    ``(a) Requiring Use of Drop Boxes.--In each county in the State, 
each State shall provide in-person, secured, and clearly labeled drop 
boxes at which individuals may, at any time during the period described 
in subsection (b), drop off voted absentee ballots in an election for 
Federal office.
    ``(b) Minimum Period for Availability of Drop Boxes.--The period 
described in this subsection is, with respect to an election, the 
period which begins 45 days before the date of the election and which 
ends at the time the polls close for the election in the county 
involved.
    ``(c) Accessibility.--
            ``(1) In general.--Each State shall ensure that the drop 
        boxes provided under this section are accessible for use--
                    ``(A) by individuals with disabilities, as 
                determined in consultation with the protection and 
                advocacy systems (as defined in section 102 of the 
                Developmental Disabilities Assistance and Bill of 
                Rights Act of 2000 (42 U.S.C. 15002)) of the State; and
                    ``(B) by individuals with limited proficiency in 
                the English language.
            ``(2) Determination of accessibility for individuals with 
        disabilities.--For purposes of this subsection, drop boxes 
        shall be considered to be accessible for use by individuals 
        with disabilities if the drop boxes meet such criteria as the 
        Attorney General may establish for such purposes.
            ``(3) Rule of construction.--If a State provides a drop box 
        under this section on the grounds of or inside a building or 
        facility which serves as a polling place for an election during 
        the period described in subsection (b), nothing in this 
        subsection may be construed to waive any requirements regarding 
        the accessibility of such polling place for the use of 
        individuals with disabilities or individuals with limited 
        proficiency in the English language.
    ``(d) Number of Drop Boxes.--
            ``(1) Formula for determination of number.--The number of 
        drop boxes provided under this section in a county with respect 
        to an election shall be determined as follows:
                    ``(A) In the case of a county in which the number 
                of individuals who are residents of the county and who 
                are registered to vote in the election is equal to or 
                greater than 20,000, the number of drop boxes shall be 
                a number equal to or greater than the number of such 
                individuals divided by 20,000 (rounded to the nearest 
                whole number).
                    ``(B) In the case of any other county, the number 
                of drop boxes shall be equal to or greater than one.
            ``(2) Timing.--For purposes of this subsection, the number 
        of individuals who reside in a county and who are registered to 
        vote in the election shall be determined as of the 90th day 
        before the date of the election.
    ``(e) Location of Drop Boxes.--The State shall determine the 
location of drop boxes provided under this section in a county on the 
basis of criteria which ensure that the drop boxes are--
            ``(1) available to all voters on a non-discriminatory 
        basis;
            ``(2) accessible to voters with disabilities (in accordance 
        with subsection (c));
            ``(3) accessible by public transportation to the greatest 
        extent possible;
            ``(4) available during all hours of the day; and
            ``(5) sufficiently available in all communities in the 
        county, including rural communities and on Tribal lands within 
        the county (subject to subsection (f)).
    ``(f) Rules for Drop Boxes on Tribal Lands.--In making a 
determination of the number and location of drop boxes provided under 
this section on Tribal lands in a county, the appropriate State and 
local election officials shall--
            ``(1) consult with Tribal leaders prior to making the 
        determination; and
            ``(2) take into account criteria such as the availability 
        of direct-to-door residential mail delivery, the distance and 
        time necessary to travel to the drop box locations (including 
        in inclement weather), modes of transportation available, 
        conditions of roads, and the availability (if any) of public 
        transportation.
    ``(g) Posting of Information.--On or adjacent to each drop box 
provided under this section, the State shall post information on the 
requirements that voted absentee ballots must meet in order to be 
counted and tabulated in the election.
    ``(h) Effective Date.--This section shall apply with respect to the 
regularly scheduled general election for Federal office held in 
November 2022 and each succeeding election for Federal office.''.
    (b) Conforming Amendment Relating to Enforcement.--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 304''.
    (c) Clerical Amendment.--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 secured drop boxes for voted absentee ballots.''.
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