[Congressional Record Volume 166, Number 117 (Thursday, June 25, 2020)]
[Senate]
[Pages S3433-S3440]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 1950. Ms. KLOBUCHAR (for herself and Mr. Wyden) submitted an
amendment intended to be proposed by her to the bill S. 4049, to
authorize appropriations for fiscal year 2021 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the end, add the following:
DIVISION E--NATIONAL DISASTER AND EMERGENCY BALLOT ACT
SEC. 101. SHORT TITLE.
This division may be cited as the ``Natural Disaster and
Emergency Ballot Act of 2020''.
SEC. 102. REQUIREMENTS FOR FEDERAL ELECTION CONTINGENCY PLANS
IN RESPONSE TO NATURAL DISASTERS AND
EMERGENCIES.
(a) In General.--
(1) Establishment.--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 qualified individuals (as defined in section
322(b) of the Help America Vote Act of 2002, as added by
section 105(a), to vote in elections for Federal office
during a state of emergency, public health emergency, or
national emergency which has been declared for reasons
including, but not limited to--
(A) a natural disaster; or
(B) an infectious disease.
(2) Updating.--Each State and jurisdiction shall update the
contingency plan established under this subsection not less
frequently than every 5 years.
(b) Requirements Relating to Safety.--
(1) In general.--The contingency plan established under
subsection (a) shall include initiatives to provide equipment
and resources needed to protect the health and safety of
voters, pollworkers, and election
[[Page S3434]]
workers when voting in person or by mail and throughout the
election process, which shall include--
(A) the procurement and use of personal protective
equipment, sanitizing supplies and equipment, disinfecting
supplies and equipment, disposable voting equipment, and the
implementation of personal distancing guidelines; and
(B) the use or implementation of any other equipment and
protocols which health experts have determined will protect
the health and safety of voters, pollworkers, and election
workers.
(2) Minimum protocols.--The contingency plan established
under subsection (a) shall include plans to implement
relevant Centers for Disease Control and Prevention guidance
to protect the safety of voters, pollworkers, and election
workers throughout the entirety of the election process.
(c) Requirements Relating to Recruitment of Poll Workers.--
The contingency plan established under subsection (a) shall
include initiatives by the chief State election official and
local election officials to recruit poll workers for the
November, 2020, general election and subsequent elections
from resilient or unaffected populations, which may include--
(1) other State and local government offices;
(2) high schools and colleges in the State for the
November, 2020, general election and in subsequent elections
for Federal office in the case where an infectious disease
poses significant increased health risks to elderly
individuals and affects an election for Federal office; and
(3) work-eligible non-citizens to satisfy the need for
bilingual poll workers, where language assistance is required
by law.
(d) Requirements Relating to Public Education and
Information Campaigns.--The contingency plan established
under subsection (a) shall include initiatives by the chief
State election official and local election officials to
inform the public of all voting options and election dates
and counter any misinformation about voting options and
election dates.
(e) Plan for Voters To Be Able To Request Absentee Ballots
Online and Vote by Mail.--The contingency plan established
under subsection (a) shall permit all individuals who are
registered to vote to--
(1) submit an online request for an absentee ballot, which
requirement is satisfied if the local, county, or State
election official's website allows an absentee ballot request
application to be completed and submitted online and--
(A) an absentee ballot request application to be printed
for the voter to complete and mail; or
(B) a voter to submit an online request for a hard copy
absentee ballot request application to be mailed or emailed
to the voter to complete and mail;
(2) return completed absentee ballot requests to designated
drop off boxes which are accessible to all voters on a
nondiscriminatory basis, including voters with disabilities,
accessible by public transportation, accessible during all
hours of the day, and such contingency plan shall ensure that
there are sufficient drop boxes in all communities, including
rural communities;
(3) cast a vote in elections for Federal office by mail;
and
(4) return completed absentee ballots by dropping them off
at designated locations before the close of polls on the date
of the election.
(f) 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.
(g) Enforcement.--
(1) Attorney general.--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.
(2) Private right of action.--
(A) In general.--In the case of a violation of this
section, any person who is aggrieved by such violation may
provide written notice of the violation to the chief election
official of the State involved.
(B) Relief.--If the violation is not corrected within 20
days after receipt of a notice under subparagraph (A), 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.
(C) Special rule.--If the violation occurred within 5 days
before the date of an election for Federal office, the
aggrieved person need not provide notice to the chief
election official of the State involved under subparagraph
(A) before bringing a civil action under subparagraph (B).
SEC. 103. REQUIREMENT TO ALLOW FOR EARLY VOTING AND NO-EXCUSE
ABSENTEE VOTING.
(a) Requirements.--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. AVAILABILITY OF EARLY VOTING AND VOTING BY MAIL.
``(a) In General.--Each State and jurisdiction shall, with
respect to the 2020 general election occurring on November 3,
2020, and each subsequent election for Federal office--
``(1) allow individuals to vote in such election prior to
the date of the election through--
``(A) early voting which meets the requirements of
subsection (b); and
``(B) voting by mail which meets the requirements of
subsection (c);
``(2) publicize the details of any voting allowed under
paragraph (1);
``(3) comply with the absentee voting requirements of
subsection (d);
``(4) comply with the ballot processing and screening
requirements of subsection (e); and
``(5) when applicable, comply with the special rules in
case of emergency periods under subsection (f).
``(b) Early Voting.--
``(1) In general.--Early voting meets the requirements of
this subsection if--
``(A) such voting occurs--
``(i) for a 20-day period preceding the date of the
election so that such days constitute consecutive weekdays
and include at least one weekend, which period may end on a
date chosen by the chief election official of the State that
is between the date of the election and 4 days preceding such
date; and
``(ii) for no less than 10 hours on each of the 20 days
such early voting occurs; and
``(B) each early voting location in the State makes ballot
drop-off boxes available consistent with section (c)(2) for
voters to submit their voted and sealed absentee ballots.
``(2) Standards.--
``(A) In general.--The Election Assistance Commission shall
issue standards for the administration of voting in-person
prior to the scheduled date of an election for Federal
office. Such standards shall include the nondiscriminatory
geographic placement of polling places at which such voting
occurs.
``(B) Deviation.--The standards described in subparagraph
(A) shall permit States, upon providing adequate public
notice, to deviate from any requirement in the case of
unforeseen circumstances such as a natural disaster,
terrorist attack, or a change in voter turnout.
``(c) Voting by Mail.--Voting by mail meets the
requirements of this subsection if--
``(1) the State does not require an excuse in order to
obtain and cast a ballot by mail for any election for Federal
office;
``(2) the State makes ballot drop-off boxes available at
least 45 days prior to the date of an election for Federal
office and up until the close of polls on the date of the
election and ensures that such ballot drop-off boxes are--
``(A) available to all voters on a non-discriminatory
basis;
``(B) accessible to voters with disabilities;
``(C) accessible--
``(i) by public transportation; and
``(ii) during all hours of the day; and
``(D) sufficiently available in all communities in the
State, including rural communities and on Tribal lands;
``(3) the State permits any eligible voter to submit an
online request for an absentee ballot to vote in an election
for Federal office, which requirement is satisfied if the
local, county, or State election official's website allows an
absentee ballot request application to be completed and
submitted online and if--
``(A) an absentee ballot request application to be printed
for the voter to complete and mail; or
``(B) a voter is able to submit an online request via the
internet to have a hard-copy absentee ballot request
application mailed or e-mailed to them to complete and mail;
``(4) the State sends 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 and
that request is received by the appropriate election office
on or before the date that is 5 days, not including weekend
days, before the date of such election, except that nothing
in this paragraph shall preclude a State or local
jurisdiction from allowing for the acceptance and processing
of ballot requests submitted or received after such required
period;
``(5) the State permits any eligible voter to have the
option to request an absentee ballot for subsequent elections
on all absentee ballot requests;
``(6) the State does not require any form of identification
for an absentee ballot request;
``(7) the State does not include any requirements for
notarization or witness signature or other formal
authentication (other than voter attestation);
``(8) the State allows a voter to sign a voter attestation
on a ballot by providing a mark or signature stamp or by
providing a signature with the use of an assistant due to
age, self-certified disability, or other need;
``(9) the State permits voters to submit an absentee ballot
by dropping it off at designated locations before the close
of polls on the date of the election, including at any
polling location on the date of the election before the close
of polls;
``(10) the State--
``(A) permits a voter to designate any person to return a
voted and sealed absentee ballot to the post office, a ballot
drop-off location, tribally designated building, or election
office and that such person designated to return an absentee
ballot shall not receive any form of compensation based on
the number of ballots that the person has returned
[[Page S3435]]
and no individual, group, or organization shall provide
compensation on this basis; or
``(B) does not put any limits on how many voted and sealed
absentee ballots any designated person can return to the post
office, a ballot drop off location, tribally designated
building, or election office;
``(11) the State permits any eligible voter that submits a
request for an absentee ballot to vote in such election, but
does not receive their absentee ballot at least 2 days prior
to election day to download and mark at home an absentee
ballot provided by the State pursuant to section 103C of the
Uniformed Overseas Citizens Absentee Voting Act or section
322 of this Act; and
``(12) the State ensures that any voting materials (as
defined in section 203 of the Voting Right Act of 1965 (52
U.S.C. 10503)) provided for purposes of voting by mail,
including but not limited to ballots and voter education
materials, meet the language requirements under such section
203.
``(d) Deadline Requirements.--The requirements described in
this subsection are that a State shall count a ballot
submitted by an individual by mail with respect to an
election for Federal office in the State--
``(1) if it is postmarked, signed, or otherwise indicated
by the United States Postal Service to have been mailed on or
before the close of polls on the date of the election; and
``(2) received by the appropriate State election official
on or before the date that is 10 days after the date of such
election.
``(e) Ballot Processing and Scanning Requirements.--
``(1) In general.--The requirement described in this
subsection is that the State begins processing and scanning
ballots cast during early voting or through vote by mail for
tabulation at least 14 days prior to election day.
``(2) Limitation.--Nothing in this subsection shall allow
for the tabulation of ballots before the close of polls on
the date of the election.
``(f) Special Rules in Case of Emergency Periods.--
``(1) Automatic mailing of absentee ballots to all
voters.--If the area in which an election is held is in an
area in which an emergency or disaster which is described in
subparagraph (A) or (B) of section 1135(g)(1) of the Social
Security Act (42 U.S.C. 1320b-5(g)(1)) is declared during the
period described in paragraph (3) not later than 2 weeks
before the date of the election, the appropriate State or
local election official shall transmit by mail absentee
ballots and balloting materials for the election to all
individuals who are registered to vote in such election or,
in the case of any State that does not register voters, all
individuals who are in the State's central voter file (or if
the State does not keep a central voter file, to all
individuals who are eligible to vote in such election) in a
manner consistent with all applicable laws, including section
203 of the Voting Right Act of 1965 (52 U.S.C. 10503)).
``(2) Affirmation.--If an individual receives an absentee
ballot from a State or local election official pursuant to
paragraph (1) and returns the voted ballot to the official,
the ballot shall not be counted in the election unless the
individual includes with the ballot a signed affirmation
that--
``(A) the individual has not and will not cast another
ballot with respect to the election; and
``(B) acknowledges that a material misstatement of fact in
completing the ballot may constitute grounds for conviction
of perjury.
``(3) Period described.--The period described in this
paragraph with respect to an election is the period which
begins 120 days before the date of the election and ends 30
days before the date of the election.
``(4) Application to november 2020 general election.--
Because of the public health emergency declared pursuant to
section 319 of the Public Health Service Act (42 5 U.S.C.
247d) resulting from the COVID-19 pandemic, the special rules
set forth in this subsection shall apply with respect to the
regularly scheduled general election for Federal office held
in November 2020 in each State.
``(g) 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.''.
(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 subtitle C of title
III''.
(c) Private Right of Action.--Title IV of the Help America
Vote Act of 2002 (52 U.S.C. 21111 et seq.) is amended by
adding at the end the following new section:
``SEC. 403. PRIVATE RIGHT OF ACTION FOR VIOLATIONS OF NATURAL
DISASTER AND EMERGENCY BALLOT ACT OF 2020.
``(a) In General.--In the case of a violation of subtitle C
of title III, 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.
``(b) Relief.--If the violation is not corrected within 20
days after receipt of a notice under subsection (a), 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.
``(c) Special Rule.--(If the violation occurred within 5
days before the date of an election for Federal office, the
aggrieved person need not provide notice to the chief
election official of the State involved under subsection (a)
before bringing a civil action under subsection (b).''.
(d) Conforming Amendment Relating to Voluntary Guidance by
Election Assistance Commission.--Section 311(b) of such Act
(52 U.S.C. 21101) is amended--
(1) in paragraph (2), by striking ``and'';
(2) in paragraph (3), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(4) in the case of the recommendations with respect to
subtitle C, 1 year after the date of enactment of the Natural
Disaster and Emergency Ballot Act of 2020.''.
(e) Clerical Amendments.--The table of contents of such Act
is amended--
(1) by inserting after the item relating to section 312 the
following:
``Subtitle C--Additional Requirements
``Sec. 321. Availability of early voting and voting by mail.''; and
(2) by inserting after the item relating to section 402 the
following:
``Sec. 403. Private right of action for violations of Natural Disaster
and Emergency Ballot Act of 2020.''.
SEC. 104. USE OF DOWNLOADABLE AND PRINTABLE ABSENTEE BALLOTS
PROVIDED BY STATES UNDER UOCAVA FOR VOTERS WITH
DISABILITIES AND THOSE WHO HAVE NOT RECEIVED A
BALLOT TO VOTE IN 2020 GENERAL ELECTION AND
SUBSEQUENT FEDERAL ELECTIONS UNTIL DOMESTIC
DOWNLOADABLE AND PRINTABLE BALLOT PRESCRIBED BY
EAC IS AVAILABLE.
(a) In General.--The Uniformed and Overseas Citizens
Absentee Voting Act (52 U.S.C. 20301 et seq.) is amended by
inserting after section 103B the following new section:
``SEC. 103C. USE OF DOWNLOADABLE AND PRINTABLE ABSENTEE
BALLOTS PROVIDED UNDER UOCAVA FOR VOTERS WITH
DISABILITIES AND THOSE WHO HAVE NOT RECEIVED A
BALLOT TO VOTE IN 2020 GENERAL ELECTION AND
SUBSEQUENT FEDERAL ELECTIONS UNTIL DOMESTIC
DOWNLOADABLE AND PRINTABLE BALLOT PRESCRIBED BY
EAC IS AVAILABLE.
``(a) In General.--
``(1) State responsibilities.--Each State shall, with
respect to the 2020 general election occurring on November 3,
2020, and subsequent elections for Federal office (until such
time as the Election Assistance Commission prescribes a
domestic downloadable and printable ballot for use in
elections for Federal office pursuant to section 297 of the
Help America Vote Act of 2002), permit qualified individuals
to use downloadable and printable absentee ballots
transmitted by the State in the same manner and under the
same terms and conditions under which the State transmits
such ballots to absent uniformed services voters and overseas
voters under the provisions of section 102(f) to vote in such
election.
``(2) Requirements.--Such downloadable and printable
absentee ballots--
``(A) must comply with the language requirements under
section 203 of the Voting Rights Act of 1965 (52 U.S.C.
10503); and
``(B) must comply with the disability requirements under
section 508 of the Rehabilitation Act of 1973 (29 U.S.C.
794d).
``(3) Application of requirements.--The provisions of
section 103 shall apply with respect to the use of such
downloadable and printable absentee ballots by qualified
individuals pursuant to this section in the same manner as
such provisions apply with respect to the use of such ballots
by absent uniformed services voters and overseas voters
pursuant to section 103.
``(4) Clarification regarding free postage.--Such
downloadable and printable absentee ballots of qualified
individuals pursuant to this section shall be considered
balloting materials as defined in section 107 for purposes of
section 3406 of title 39, United States Code.
``(5) Prohibiting refusal to accept ballot for failure to
meet certain requirements.--A State shall not refuse to
accept and process any otherwise valid downloadable and
printable absentee ballot submitted in any manner by a
qualified individual solely on the basis of the following:
``(A) Notarization or witness signature requirements.
``(B) Restrictions on paper type, including weight and
size.
``(C) Restrictions on envelope type, including weight and
size.
``(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 an election for Federal office
and who--
``(A)(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 at least 2
days before the date of the election;
``(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) is hospitalized or expects to be hospitalized on the
day of the election for Federal office; or
[[Page S3436]]
``(D) is an individual with a disability (as defined in
section 3 of the Americans with Disabilities Act of 1990 (42
U.S.C. 12102)) and resides in a state which does not offer
voters the ability to use secure and accessible remote ballot
marking.
For purposes of subparagraph (D), a State shall permit an
individual to self-certify that the individual is an
individual with a disability.
``(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 or an overseas
voter; and
``(B) is entitled to vote using the Federal write-in
absentee ballot prescribed under section 103.
``(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.''.
(b) Conforming Amendment.--Section 102(a) of the Uniformed
and Overseas Citizens Absentee Voting Act (52 U.S.C.
20302(a)) is amended by striking ``and'' at the end of
paragraph (10), by striking the period at the end of
paragraph (11) and inserting ``; and'', and by adding at the
end the following new paragraph:
``(12) meet the requirements of section 103C with respect
to use of downloadable and printable absentee ballots for
qualified individuals to vote in the 2020 general
election.''.
(c) Clerical Amendments.--The table of contents of such Act
is amended by inserting the following after section 103:
``Sec. 103A. Procedures for collection and delivery of marked absentee
ballots of absent overseas uniformed services voters.
``Sec. 103B. Federal voting assistance program improvements.
``Sec. 103C. Use of downloadable and printable absentee ballots
provided under uocava for qualified individuals to vote
in 2020 general election.''.
SEC. 105. DOWNLOADABLE AND PRINTABLE ABSENTEE BALLOT FOR
DOMESTIC USE BY VOTERS WITH DISABILITIES AND IN
EMERGENCIES STARTING IN 2022.
(a) State Requirement.--
(1) In general.--Subtitle C of title III of the Help
America Vote Act of 2002, as added by section 103, is amended
by adding at the end the following new section:
``SEC. 322. USE OF DOMESTIC DOWNLOADABLE AND PRINTABLE
ABSENTEE BALLOT.
``(a) State Requirement.--
``(1) In general.--Each State shall permit qualified
individuals to use a downloadable and printable absentee
ballot prescribed by the Election Assistance Commission under
section 297 to cast a vote in any election for Federal
office.
``(2) Requirements.--Such downloadable and printable
absentee ballots--
``(A) must comply with the language requirements under
section 203 of the Voting Rights Act of 1965 (52 U.S.C.
10503); and
``(B) must comply with the disability requirements under
section 508 of the Rehabilitation Act of 1973 (29 U.S.C.
794d).
``(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 an election for Federal office
and who--
``(A)(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 at least 2
days before the date of the election;
``(B)(i) resides in an area of a State with respect to
which an emergency or public health emergency has been
declared by the Governor or chief government official of the
State or chief government official of an area, 5 days or less
before election day under the laws of the State due to
reasons including, but not limited to--
``(I) a natural disaster, including severe weather; or
``(II) an infectious disease; and
``(ii) has not requested an absentee ballot;
``(C) 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;
``(D) is hospitalized or expects to be hospitalized on the
day of the election for Federal office; or
``(E) is an individual with a disability (as defined in
section 3 of the Americans with Disabilities Act of 1990 (42
U.S.C. 12102)) and resides in a state which does not offer
voters the ability to use secure and accessible remote ballot
marking.
For purposes of subparagraph (E), a State shall permit an
individual to self-certify that the individual is an
individual with a disability.
``(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 domestic downloadable and printable 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--
``(A) if it is postmarked, signed, or otherwise indicated
by the United States Postal Service to have been mailed on or
before the close of polls on the date of the election; and
``(B) received by the appropriate State election official
on or before the date that is 10 days after the date of such
election.
``(d) Special Rules.--The following rules shall apply with
respect to domestic printable and downloadable 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 and witness signature requirements.
``(2) Restrictions on paper type, including weight and
size.
``(3) Restrictions on envelope type, including weight and
size.
``(f) 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.
``(g) Effective Date.--Each State shall be required to
comply with the requirements of this section on and after
January 1, 2022.''.
(2) Clerical amendment.--The table of contents for such Act
is amended by inserting after the item relating to section
321, as added by section 103, the following:
``Sec. 322. Use of domestic downloadable and printable absentee
ballot.''.
(b) Form of Domestic Printable and Downloadable 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:
``PART VII--DOWNLOADABLE AND PRINTABLE ABSENTEE BALLOT FOR DOMESTIC USE
``SEC. 297. DOWNLOADABLE AND PRINTABLE ABSENTEE BALLOT FOR
DOMESTIC USE.
``(a) Form of Ballot.--
``(1) In general.--The Commission shall prescribe a
domestic downloadable and printable 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 322(b)).
``(2) Affirmation.--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 322(b));
``(B) such individual has not and will not cast another
ballot with respect to the election for which the domestic
downloadable and printable 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 domestic
downloadable and printable absentee ballot available on the
Internet in a printable format.''.
``(c) Requirements.--The domestic downloadable and
printable absentee ballot shall be compliant with section 508
of the Rehabilitation Act of 1973 (29 U.S.C. 794d) and shall
not transmit the information completed by a voter over the
internet.''.
(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 part 7 (relating
to downloadable and printable absentee ballot for domestic
use;''.
(B) The table of contents for such Act is amended by
inserting after the item related to section 296 the
following:
``PART 7--Downloadable and Printable Absentee Ballot for Domestic Use
``Sec. 297. Downloadable and printable absentee ballot for domestic
use.''.
[[Page S3437]]
SEC. 106. REQUIREMENT FOR PREPAID RETURN ENVELOPES FOR
ABSENTEE BALLOTS; USE OF INTELLIGENT MAIL
BARCODE.
(a) In General.--Subtitle C of title III of the Help
America Vote Act of 2002, as added by section 103 and amended
by section 105, is amended by adding at the end the following
new section:
``SEC. 323. 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, where possible, 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) Use of Intelligent Mail Barcode for the 2020 General
Election and Until Balloting Materials Status Update Service
Implemented.--For the 2020 general election and subsequent
elections for Federal office (until such time as a State
implements a balloting materials status update service which
meets the requirements described in section 107(a)(2) of the
Natural Disaster and Emergency Ballot Act of 2020), unless a
State or jurisdiction has developed a system that enables
voters to track their absentee ballot through the mail, each
State and jurisdiction shall provide with each absentee
ballot sent by mail a self-sealing return envelope pursuant
to subsection (a) that contains an Intelligent Mail barcode
as prescribed by the United States Postal Service.
``(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) 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) Clerical Amendment.--The table of contents of such Act
is amended by inserting after the item relating to section
322, as added by section 105, the following new item:
``Sec. 323. Use of prepaid self-sealing return envelopes.''.
SEC. 107. DEVELOPMENT OF A SECURE FEDERAL PORTAL TO ALLOW
ELECTION OFFICIALS TO PROVIDE VOTERS WITH
UPDATES ON THEIR BALLOTS.
(a) Balloting Materials Status Update Service.--
(1) In general.--Not later than January 1, 2024, the
Director of the Cybersecurity and Infrastructure Security
Agency, in consultation with the Chair of the Election
Assistance Commission, the Postmaster General, the Director
of the General Services Administration, the Presidential
designee, and State election officials, shall establish a
balloting materials status update service to be used by
States and local jurisdictions to inform voters on the status
of voter registration applications, absentee ballot
applications, and absentee ballots.
(2) Information tracked.--The balloting materials status
update service established under paragraph (1) shall provide
to a voter the following information with respect to that
voter:
(A) In the case of balloting materials sent by mail,
tracking information from the United States Post Office and
the Presidential designee on balloting materials sent to the
voter and, to the extent feasible, returned by the voter.
(B) The date on which any request by the voter for an
application for voter registration or an absentee ballot was
received.
(C) The date on which any such requested application was
sent to the voter.
(D) The date on which any such completed application was
received from the voter and the status of such application.
(E) The date on which any absentee ballot was sent to the
voter.
(F) The date on which any absentee ballot was received by
the voter.
(G) The date on which the post office processes the
absentee ballot.
(H) The date on which post office delivered the absentee
ballot to the election office.
(I) Whether such ballot was accepted and counted, and in
the case of any ballot not counted, the reason why the ballot
was not counted.
(3) Method of providing information.--The balloting
materials status update service established under paragraph
(1) shall allow voters the option to receive the information
described in paragraph (2) through email (or other electronic
means) or through the mail.
(4) Prohibition on fees.--The Director may not charge any
fee to a State or jurisdiction for use of the balloting
materials status update service in connection with any
Federal, State, or local election.
(5) Authorization of appropriations.--There are authorized
to be appropriated to the Director such sums as are necessary
for purposes of carrying out this subsection.
(b) Required Use for Absent Uniformed Service Voters and
Overseas Voters.--
(1) In general.--Section 102(a) of the Uniformed and
Overseas Citizens Absentee Voting Act (52 U.S.C. 20302(a)),
as amended by section 104(b), is amended by striking ``and''
at the end of paragraph (11), by striking the period at the
end of paragraph (12) and inserting ``; and'', and by adding
at the end the following new paragraph:
``(13) use the balloting materials status update service
developed under section 107(a) of the Natural Disaster and
Emergency Ballot Act of 2020 to inform absent uniformed
services voters and overseas voters on the status of voter
registration applications, absentee ballot applications, and
absentee ballots used in elections for Federal office.''.
(2) Conforming amendment.--Section 102 of such Act (52
U.S.C. 20302) is amended by striking subsection (h).
(3) Effective date.--The amendments made by this subsection
shall apply to elections for Federal office occurring after
the date that is 1 year after the date on which the Director
of the Cybersecurity and Infrastructure Security Agency
certifies that the service described in subsection (a) is
operational.
(c) Required Use Under Help America Vote Act.--
(1) In general.--Section 321(a) of the Help American Vote
Act of 2002, as added by section 103, is amended by striking
``and'' at the end of paragraph (3), by striking the period
at the end of paragraph (4) and inserting ``; and'', and by
adding at the end the following new paragraph:
``(5) use the balloting materials status update service
developed under section 107(a) of the Natural Disaster and
Emergency Ballot Act of 2020 to provide eligible voters and
qualified individuals (as defined in section 322(b) of this
Act) information regarding the status of voter registration
applications, absentee ballot applications, and absentee
ballots used in elections for Federal office, except that any
State or jurisdiction which has developed a balloting
materials status update system which meets the requirements
of paragraph (2) of such section 107(a) (relating to
information tracked) may continue to use such system.''.
(2) Effective date.--The amendments made by this subsection
shall apply to elections for Federal office occurring after
the date that is 1 year after the date on which the Director
of the Cybersecurity and Infrastructure Security Agency
certifies that the service described in subsection (a) is
operational.
(d) Availability to Department of Defense.--The
Cybersecurity and Infrastructure Security Agency may make the
balloting materials status update service available to the
Department of Defense to administer and implement to absent
uniformed services voters and overseas voters pursuant to the
Uniformed Overseas and Citizens Absentee Voting Act (52
U.S.C. 20301 et seq.).
(e) Reimbursements to States.--
(1) For use with respect to balloting materials of absent
uniformed service voters and overseas voters.--
(A) In general.--The Uniformed and Overseas Citizens
Absentee Voting Act (52 U.S.C. 20301 et seq.) is amended by
inserting after section 103C, as added by section 104(a), the
following new section:
``SEC. 103D. REIMBURSEMENTS FOR USE OF BALLOTING MATERIALS
STATUS UPDATE SERVICE.
``(a) In General.--The Presidential designee shall make
payments to each State and local jurisdiction equal to the
costs to the State or local jurisdiction of using the
balloting materials status update service under section
107(a) of the Natural Disaster and Emergency Ballot Act of
2020 with respect to balloting materials of absent uniformed
services and overseas voters.
``(b) Authorization of Appropriations.--There are
authorized to be appropriated to the Presidential designee
such sums as are necessary for carrying out this section, to
remain available without fiscal year limitation.''.
(B) Conforming amendment.--Section 101(b) of the Uniformed
and Overseas Citizens Absentee Voting Act (52 U.S.C.
20301(b)) is amended by striking ``and'' at the end of
paragraph (10), by striking the period at the end of
paragraph (11) and inserting ``; and'', and by adding at the
end the following new paragraph
``(12) make payments to States in accordance with section
103D.''.
(C) Clerical amendment.--The table of contents of such Act
is amended by inserting after the item relating to section
103, as added by section 104(c), the following new item:
``Sec. 103D. Reimbursements for use of balloting materials status
update service.''.
(2) For use with respect to balloting materials of domestic
voters.--
(A) In general.--Subtitle D of title II of the Help America
Vote Act of 2002 (52 U.S.C. 21001 et seq.), as amended by
section 105(b), is amended by adding at the end the
following:
``PART 8--REIMBURSEMENTS FOR USE OF BALLOTING MATERIALS STATUS UPDATE
SERVICE
``SEC. 298. REIMBURSEMENTS FOR USE OF BALLOTING MATERIALS
STATUS UPDATE SERVICE.
``(a) In General.--The Commission shall make payments to
each State and local jurisdiction equal to the costs to the
State or local jurisdiction of using the ballot material
update service under section 107(a) of the Natural Disaster
and Emergency Ballot Act of 2020 with respect to balloting
materials of voters (other than balloting materials of absent
uniformed services and overseas voters for which the State is
eligible for payment under section 103D of the Uniformed and
Overseas Citizens Absentee Voting Act) for which States or
jurisdictions elect to use such tracking service.
``(b) Authorization of Appropriations.--There are
authorized to be appropriated to
[[Page S3438]]
the Commission such sums as are necessary for carrying out
this section, to remain available without fiscal year
limitation.''.
(B) Conforming amendments.--
(i) Section 202 of the Help America Vote Act of 2002 (52
U.S.C. 20922), as amended by section 105(b), is amended by
redesignating paragraphs (6) and (7) as paragraphs (7) and
(8), respectively, and by inserting after paragraph (5) the
following new paragraph:
``(6) carrying out the duties described in part 8 (relating
to balloting materials status update reimbursements);''.
(ii) The table of contents for such Act is amended by
inserting after the item related to section 297 the
following:
``PART 8--Reimbursements for Use of Balloting Materials Status Update
Service
``Sec. 298. Reimbursements for use of balloting materials status update
service.''.
SEC. 108. NOTICE AND CURE PROCESS REQUIRED FOR MISMATCHED
SIGNATURES ON MAIL-IN AND PROVISIONAL BALLOTS.
(a) In General.--Subtitle C of title III of the Help
America Vote Act of 2002, as added by section 103 and amended
by sections 105 and 106, is amended by adding at the end the
following new section:
``SEC. 324. SIGNATURE MISMATCH ON BALLOT SUBMITTED BY MAIL OR
PROVISIONAL BALLOT.
``(a) Covered State Defined.--
``(1) In general.--Subject to paragraph (2), in this
section, the term `covered State' means a State in which,
under State law, a ballot submitted by mail or a provisional
ballot is not counted as a vote in an election for Federal
office unless the State verifies the signature of the
individual who submitted such ballot by comparing the
signature on the envelope containing such ballot or a
document accompanying such ballot and the signature of such
individual on the official list of registered voters in the
State or other official record, or other document.
``(2) Exception for certain states.--Such term shall not
include a State which conducted a Federal election entirely
through vote by mail prior to 2020.
``(b) Notice Required.--
``(1) In general.--If an individual submits a ballot by
mail or a provisional ballot in an election for Federal
office in a covered State, and the appropriate State or local
election official determines that a discrepancy exists
between the signature on the envelope containing such ballot
or a document accompanying such ballot used to verify the
signature and the signature of such individual on the
official list of registered voters in the State or other
official record, or other document used by the State to
verify the signatures of voters, such election official,
prior to making a final determination as to the validity of
such ballot, shall make a good faith effort to immediately
notify such individual that--
``(A) a discrepancy exists between the signature on the
envelope containing such ballot or a document accompanying
such ballot used to verify the signature and the signature of
such individual on the official list of registered voters in
the State or other official record, or other document used by
the State to verify the signatures of voters;
``(B) such individual may provide information to cure such
discrepancy in accordance with the procedures established
pursuant to subsection (c)(1)(A); and
``(C) if such discrepancy is not cured, such ballot will
not be counted.
``(2) Form of notice.--An election official shall provide
the notice required by paragraph (1) within 10 calendar days
of the determination that a discrepancy exists by mail and at
least one of the following methods:
``(A) Phone.
``(B) Electronic mail.
``(C) Text message.
``(3) No effect on other notice requirements related to
provisional ballots.--In the case of an individual who
submits a provisional ballot, the requirements of this
subsection shall be in addition to the requirements
applicable to such an individual under section 302(a).
``(c) Opportunity To Cure.--
``(1) Establishment of procedures.--A covered State shall
establish uniform and non-discriminatory procedures--
``(A) to allow an individual to whom notice is provided
under subsection (b)--
``(i) to provide confirmation or information to cure the
discrepancy described in subsection (b)(1) through the same
form in which the notice is provided pursuant to subsection
(b)(1); and
``(ii) if such confirmation or information is rejected, to
appeal the rejection;
``(B) that require that voters whose ballots are returned
without signatures be notified and given an opportunity to
provide a missing signature on a form proscribed by the
State; and
``(C) `prior to the date of final certification of ballots
in the election by such State, to provide such individual a
final determination as to the validity of the ballot and
whether the individual's ballot was counted in the election.
``(2) Deadline.-- A voter has at least 10 calendar days
following the date on which the notice required under
subsection (b) is given or until the day before certification
of election results, whichever is later, to provide
confirmation that the signature in question is their genuine
signature. This confirmation can be provided orally, in
writing, or electronically, including through any of the
forms described in subsection (b)(2). No separate oath or
affirmation is required.
``(3) Counting of vote.--
``(A) In general.--A final determination with respect to
the validity of a ballot in the case of a signature mismatch
under this section shall be made by three election officials,
at least one of whom is of an opposing party and, unless such
election officials determine, taking into account any
conformation or information provided under the procedures
established pursuant to paragraph (1)(A), through a unanimous
vote and beyond a reasonable doubt that the ballot is not
valid, such ballot shall be counted as a vote in that
election.
``(B) Training requirement.--Election officials making such
determinations must have completed training on signature
verification.
``(d) Report.--
``(1) In general.--Not later than 120 days after the end of
a Federal election cycle, each chief State election official
in a covered State shall submit to Congress a report
containing the following information for the applicable
Federal election cycle in the State:
``(A) The number of ballots invalidated due to a
discrepancy under this section.
``(B) Description of attempts to contact voters to provide
notice as required by this section.
``(C) Description of the cure process developed by such
State pursuant to this section, including the number of
ballots determined valid as a result of such process.
``(2) Federal election cycle defined.--For purposes of this
subsection, the term `Federal For election cycle' means the
period beginning on January 1 of any odd numbered year and
ending on December 31 of the following year.
``(e) Effective Date.--This section shall apply with
respect to the general election for Federal office held in
2020 and any subsequent election for Federal office.''.
(b) Clerical Amendment.--The table of contents of such Act
is amended by inserting after the item relating to section
323, as added by section 106, the following new item:
``Sec. 324. Signature mismatch on ballot submitted by mail or
provisional ballot.''.
SEC. 109. REQUIREMENT FOR ACCEPTANCE OF VOTER REGISTRATION
APPLICATIONS.
(a) In General.--Subtitle C of title III of the Help
America Vote Act of 2002, as added by section 103 and amended
by sections 105, 106, and 108, is amended by adding at the
end the following new section:
``SEC. 325. ACCEPTANCE OF VOTER REGISTRATION APPLICATIONS.
``(a) Requirements for Voter Registration Applications.--
Each State and local jurisdiction shall--
``(1) make available an online voter registration
application, which requirement is satisfied if the local,
county, or State election official's website allows a voter
registration application to be completed and submitted
online;
``(2) accept and process any voter registration
applications submitted in person, by mail, or online at least
21 days prior to the date of an election for Federal office,
except nothing this paragraph shall preclude a State or local
jurisdiction from allowing for the acceptance and processing
of voter registration applications submitted or received
after such required period; and
``(3) ensure that any voter registration applications
provided by the State permit the voter, at the time of
submitting the application, to register to vote by mail in
accordance with the requirements under section 321(c).
``(b) Exception.--This section shall not apply with respect
to any State or local jurisdiction that allows--
``(1) voter registration during early voting; or
``(2) same day voter registration.
``(c) Effective Date.--This section shall apply beginning
on the date that is 60 days after the date of enactment of
the Natural Disaster and Emergency Ballot Act of 2020.''.
(b) Clerical Amendment.--The table of contents of such Act
is amended by inserting after the item relating to section
324, as added by section 108, the following new item:
``Sec. 325. Acceptance of voter registration applications.''.
SEC. 110. ACCOMMODATIONS FOR VOTERS RESIDING IN INDIAN LANDS.
(a) Accommodations.--
(1) In general.--The following requirements shall apply
with respect to the general election for Federal office held
in 2020 and any subsequent election for Federal office:
(A) Given the widespread lack of residential mail delivery
in Indian Country, an Indian Tribe may designate buildings as
ballot pickup and collection locations at no cost to the
Indian Tribe. An Indian Tribe may designate one building per
precinct located within Indian lands. The applicable State or
political subdivision shall collect ballots from those
locations. The applicable State or political subdivision
shall provide the Indian Tribe with accurate precinct maps
for all precincts located within Indian lands 60 days before
any election.
(B) The State or political subdivision shall provide mail-
in and absentee ballots to each registered voter residing on
Indian lands in the State or political subdivision without
requiring a residential address or a mail-in or absentee
ballot request.
[[Page S3439]]
(C) The address of a designated building that is a ballot
pickup and collection location may serve as the residential
address and mailing address for voters living on Indian lands
if the tribally designated building is in the same precinct
as that voter. If there is no tribally designated building
within a voter's precinct, the voter may use another tribally
designated building within the Indian lands where the voter
is located. Voters using a tribally designated building
outside of the voter's precinct may use the tribally
designated building as a mailing address and may separately
designate the voter's appropriate precinct through a
description of the voter's address, as specified in section
9428.4(a)(2) of title 11, Code of Federal Regulations.
(D) In the case of a State or political subdivision that is
a covered State or political subdivision under section 203 of
the Voting Rights Act of 1965 (52 U.S.C. 10503), that State
or political subdivision shall provide absentee or mail-in
voting materials in the language of the applicable minority
group as well as in the English language, bilingual election
voting assistance, and written translations of all voting
materials in the language of the applicable minority group,
as required by section 203 of the Voting Rights Act of 1965
(52 U.S.C. 10503) as amended by subsection (b).
(2) Clarification.--Nothing in this section alters the
ability of an individual voter residing on Indian lands to
request a ballot in a manner available to all other voters in
the State.
(3) Definitions.--In this section:
(A) Indian.--The term ``Indian'' has the meaning given the
term in section 4 of the Indian Self-Determination and
Education Assistance Act (25 U.S.C. 5304).
(B) Indian lands.--The term ``Indian lands'' includes--
(i) any Indian country of an Indian Tribe, as defined under
section 1151 of title 18, United States Code;
(ii) any land in Alaska owned, pursuant to the Alaska
Native Claims Settlement Act (43 U.S.C. 1601 et seq.), by an
Indian Tribe that is a Native village (as defined in section
3 of that Act (43 U.S.C. 1602)) or by a Village Corporation
that is associated with an Indian Tribe (as defined in
section 3 of that Act (43 U.S.C. 1602));
(iii) any land on which the seat of the Tribal Government
is located; and
(iv) any land that is part or all of a Tribal designated
statistical area associated with an Indian Tribe, or is part
or all of an Alaska Native village statistical area
associated with an Indian Tribe, as defined by the Census
Bureau for the purposes of the most recent decennial census.
(C) Indian tribe.--The term ``Indian Tribe'' has the
meaning given the term ``Indian tribe'' in section 4 of the
Indian Self-Determination and Education Assistance Act (25
U.S.C. 5304).
(D) Tribal government.--The term ``Tribal Government''
means the recognized governing body of an Indian Tribe.
(4) Enforcement.--
(A) Attorney general.--The Attorney General may bring a
civil action in an appropriate district court for such
declaratory or injunctive relief as is necessary to carry out
this subsection.
(B) Private right of action.--
(i) A person or Tribal Government who is aggrieved by a
violation of this subsection may provide written notice of
the violation to the chief election official of the State
involved.
(ii) An aggrieved person or Tribal Government may bring a
civil action in an appropriate district court for declaratory
or injunctive relief with respect to a violation of this
subsection, if--
(I) that person or Tribal Government provides the notice
described in clause (i); and
(II)(aa) in the case of a violation that occurs more than
120 days before the date of an election for Federal office,
the violation remains and 90 days or more have passed since
the date on which the chief election official of the State
receives the notice under clause (i); or
(bb) in the case of a violation that occurs 120 days or
less before the date of an election for Federal office, the
violation remains and 20 days or more have passed since the
date on which the chief election official of the State
receives the notice under clause (i).
(iii) In the case of a violation of this section that
occurs 30 days or less before the date of an election for
Federal office, an aggrieved person or Tribal Government may
bring a civil action in an appropriate district court for
declaratory or injunctive relief with respect to the
violation without providing notice to the chief election
official of the State under clause (i).
(b) Bilingual Election Requirements.--Section 203 of the
Voting Rights Act of 1965 (52 U.S.C. 10503) is amended--
(1) in subsection (b)(3)(C), by striking ``1990'' and
inserting ``2010''; and
(2) by striking subsection (c) and inserting the following:
``(c) Provision of Voting Materials in the Language of a
Minority Group.--
``(1) In general.--Whenever any State or political
subdivision subject to the prohibition of subsection (b) of
this section provides any registration or voting notices,
forms, instructions, assistance, or other materials or
information relating to the electoral process, including
ballots, it shall provide them in the language of the
applicable minority group as well as in the English language.
``(2) Exceptions.--
``(A) In general.--
``(i) In the case of a minority group that is not American
Indian or Alaska Native and the language of that minority
group is oral or unwritten, the State or political
subdivision shall only be required to furnish, in the covered
language, oral instructions, assistance, translation of
voting materials, or other information relating to
registration and voting.
``(ii) In the case of a minority group that is American
Indian or Alaska Native, the State or political subdivision
shall only be required to furnish in the covered language
oral instructions, assistance, or other information relating
to registration and voting, including all voting materials,
if the Tribal Government of that minority group has certified
that the language of the applicable American Indian or Alaska
Native language is presently unwritten or the Tribal
Government does not want written translations in the minority
language.
``(3) Written translations for election workers.--
Notwithstanding paragraph (2), the State or political
division may be required to provide written translations of
voting materials, with the consent of any applicable Indian
Tribe, to election workers to ensure that the translations
from English to the language of a minority group are
complete, accurate, and uniform.''.
SEC. 111. PAYMENTS TO STATES TO CARRY OUT REQUIREMENTS UNDER
NATURAL DISASTER AND EMERGENCY BALLOT ACT OF
2020 WITH RESPECT TO 2020 GENERAL ELECTION.
(a) In General.--Title II of the Help America Vote Act of
2002 (52 U.S.C. 21001 et seq.), as amended by section 107(e),
is amended by adding at the end the following new part:
``PART 9--PAYMENTS TO STATES TO CARRY OUT REQUIREMENTS UNDER NATURAL
DISASTER AND EMERGENCY BALLOT ACT OF 2020 WITH RESPECT TO 2020 GENERAL
ELECTION
``SEC. 299. PAYMENTS TO STATES.
``(a) In General.--Not later than 30 days after the date of
the enactment of the Natural Disaster and Emergency Ballot
Act of 2020, the Commission shall make a payment to each
State.
``(b) Use of Funds.--
``(1) In general.--Subject to paragraphs (2) and (3), a
State shall use the funds provided under a payment under this
section--
``(A) to comply with and implement the provisions of and
amendments made by the Natural Disaster and Emergency Ballot
Act of 2020 with respect to the 2020 general election
occurring on November 3, 2020; and
``(B) to carry out one or more of the following activities
with respect to the 2020 general election:
``(i) Establishing and implementing contingency plans
pursuant to section 102 of the Natural Disaster and Emergency
Ballot Act of 2020, including the implementation of safety
requirements pursuant to subsection (b) of such section and
initiatives to recruit pollworkers pursuant to subsection (c)
of such section.
``(ii) Implementing public awareness and education
campaigns and initiatives to ensure voters are aware of
election dates and election administration practices.
``(iii) Establishing a system for voters to submit an
online request for an absentee ballot pursuant to section
102(e) of such Act.
``(iv) Implementing requirements with respect to
availability of voting prior to election day pursuant to
section 321 of this Act.
``(v) Purchasing additional and upgrading high speed ballot
printers, inserters, ballot sorters, envelope extractors, and
scanners to send and process absentee ballots and purchasing
ballot drop boxes.
``(vi) The development or purchase, implementation, and use
of technology to allow election officials to electronically
verify a voter's signature on a ballot envelope against a
voter's signature on file without physically handling the
envelope, provided that the technology is not connected to
the internet.
``(vii) Use of downloadable and printable ballots by
qualified individuals pursuant to section 103C of the
Uniformed and Overseas Citizens Absentee Voting Act.
``(viii) Developing or purchasing secure accessible remote
ballot marking systems for use by voters with disabilities,
provided that such systems do not cause the voter's ballot
selections to be transmitted over the internet and do not
allow for the electronic submission of a marked ballot.
``(ix) Improving the accessibility of polling locations,
early voting locations, and ballot drop-off boxes.
``(x) Implementing a curb-side voting system for voters to
cast a ballot safely, accessibly, and privately.
``(xi) Providing return envelopes and the postage
associated with such envelopes pursuant to section 323 of
this Act.
``(xii) Ensuring strong chain of custody procedures for
handling ballots.
``(xiii) Improving the transparency of election procedures
to the public, including but not limited to signature
verification procedures, election canvasses, and post-
election auditing.
``(2) Primary elections.--A State may use such funds--
``(A) to voluntarily comply with and implement the
provisions of and amendments made by the Natural Disaster and
Emergency Ballot Act of 2020 with respect to primary
elections held in the State during 2020;
[[Page S3440]]
``(B) to carry out one or more of the activities described
in paragraph (1)(B) with respect to such primary elections;
and
``(C) to reimburse political parties for the costs of
sending absentee ballots and return envelopes with prepaid
postage to eligible voters participating in such primary
elections.
``(3) Limitation.--A State may not use such funds for the
electronic return of marked ballots by any voter.
``(c) Amount of Payment.--
``(1) In general.--The amount of payment made to a State
under this section shall be the minimum payment amount
described in paragraph (2) plus the voting age population
proportion amount described in paragraph (3).
``(2) Minimum payment amount.--The minimum payment amount
described in this paragraph is--
``(A) in the case of any of the several States or the
District of Columbia, $5,000,000; and
``(B) in the case of the Commonwealth of Puerto Rico, Guam,
American Samoa, or the United States Virgin Islands,
$1,000,000.
``(3) Voting age population proportion amount.--
``(A) In general.--The voting age population proportion
amount described in this paragraph is the product of--
``(i) the aggregate amount made available for payments
under this section minus the total of all of the minimum
payment amounts under paragraph (2); and
``(ii) the voting age population proportion for the State
(as defined in subparagraph (B)).
``(B) Voting age population proportion defined.--The term
`voting age population proportion' means, with respect to a
State, the amount equal to the quotient of--
``(i) the voting age population of the State (as reported
in the most recent decennial census); and
``(ii) the total voting age population of all States (as
reported in the most recent decennial census).
``(d) Pass-through of Funds to Local Jurisdictions.--
``(1) In general.--At least 80 percent of funds provided to
a State under a payment under this section shall be passed
through to local jurisdictions or Tribal governments to carry
out activities described in subsection (b)(1) with respect to
the 2020 general election occurring on November 3, 2020.
``(2) Guidance.--When distributing such funds to local
jurisdictions or Tribal governments, a State should consider
prioritizing funding for communities and areas that are most
impacted by the COVID-19 coronavirus.
``(3) Definitions.--In this subsection:
``(A) Indian tribe.--The term `Indian Tribe' has the
meaning given the term `Indian tribe' in section 4 of the
Indian Self-Determination and Education Assistance Act (25
U.S.C. 5304).
``(B) Tribal government.--The term `Tribal Government'
means the recognized governing body of an Indian Tribe.
``(e) Authorization of Appropriations.--
``(1) In general.--There are authorized to be appropriated
for payments under this section $3,600,000,000.
``(2) Availability of funds.--Amounts appropriated pursuant
to the authorization under this subsection shall remain
available without fiscal year limitation.''.
(b) Conforming Amendments.--
(1) Section 202 of the Help America Vote Act of 2002 (52
U.S.C. 20922), as amended by section 107(e), is amended by
redesignating paragraphs (7) and (8) as paragraphs (8) and
(9), respectively, and by inserting after paragraph (6) the
following new paragraph:
``(7) carrying out the duties described in part 9 (relating
to payments to States for carrying out requirements under the
Natural Disaster and Emergency Ballot Act of 2020 with
respect to the 2020 general election);''.
(2) The table of contents for such Act is amended by
inserting after the item related to section 297 the
following:
``PART 9--Payments to States to Carry Out Requirements Under Natural
Disaster and Emergency Ballot Act of 2020 With Respect to 2020 General
Election
``Sec. 299. Payments to States.''.
SEC. 112. ADDITIONAL APPROPRIATIONS FOR THE ELECTION
ASSISTANCE COMMISSION.
(a) In General.--In addition to any funds otherwise
appropriated to the Election Assistance Commission for fiscal
year 2020, there is authorized to be appropriated $3,000,000
for fiscal year 2020 in order for the Commission to provide
additional assistance and resources to States for improving
the administration of elections.
(b) Availability of Funds.--Amounts appropriated pursuant
to the authorization under this subsection shall remain
available without fiscal year limitation.
SEC. 113. RESEARCH AND DEVELOPMENT FOR THE NATIONAL INSTITUTE
OF STANDARDS AND TECHNOLOGY.
(a) Research and Development of Signature Guidelines.--The
Director of the National Institute of Standards and
Technology shall work with States, forensics experts, and the
disability community to expand the research and develop best
practices or guidelines for the acceptance, verification, and
curing of signatures for mail-in ballots.
(b) Research Study on the Electronic Transmission of Marked
Ballots.--
(1) In general.--The Director of the National Institute of
Standards and Technology shall conduct a research study into
cybersecurity risks associated with the electronic
transmission of marked ballots and ways to mitigate those
risks and increase accessibility.
(2) Scope of study.--The study conducted under this
subsection shall include the following:
(A) An evaluation, comparison, and contrast of the security
and accessibility of e-mail, fax, web portals, electronic, or
other online transmission systems used by States and local
election offices to receive marked ballots including guidance
for how such systems may comply with cybersecurity standards
for Federal information technology systems set by National
Institute of Standards and Technology Special Publication
800-53, Security and Privacy Controls for Federal Information
Systems and Organizations, and accessibility standards set by
the Americans with Disability Act of 1990 (42 U.S.C. 12101 et
seq.) and the Help America Vote Act of 2002 (52 U.S.C. 20901
et seq.).
(B) An evaluation of risks and benefits associated with the
continued or expanded use of such systems by overseas and
domestic voters to return their marked ballots, including
updating the following reports:
(i) NISTIR 7551, A Threat Analysis on UOCAVA Voting
Systems.
(ii) NISTIR 7711, Security Best Practices for the
Electronic Transmission of Election Materials for UOCAVA
Voters.
(iii) NISTIR 7682, Information System Security Best
Practices for UOCAVA-Supporting Systems.
(iv) NISTIR 7700, Security Considerations for Remote
Electronic UOCAVA Voting.
(C) An evaluation of any risks and benefits associated with
the continued or expanded use of such systems by voters with
disabilities.
(D) An evaluation of any cybersecurity improvements which
are necessary for such systems and ballots transmitted using
such systems to be secure against tampering by foreign
intelligence agencies, hackers, and other sophisticated
adversaries.
(E) An evaluation of any accessibility improvements which
are necessary for such systems and ballots transmitted using
such systems to be accessible for people with any kind of
disability.
(3) Final report.--Not later than January 1, 2023, the
Director shall submit to Congress a report containing the
results of the study conducted under this subsection.
(4) Authorization.--In addition to any funds otherwise
appropriated to the National Institute of Standards and
Technology for fiscal year 2020, there is authorized to be
appropriated $5,000,000 for fiscal year 2020 to conduct the
study under this subsection.
SEC. 114. MODIFYING PROVISIONS ON FUNDING FOR ELECTION
SECURITY GRANTS.
(a) Waiver of Matching Requirement.--The last proviso under
the heading ``Election Assistance Commission, Election
Security Grants'' in the Financial Services and General
Government Appropriations Act, 2020 (Public Law 116-93; 133
Stat. 2461) shall not apply with respect to any payment made
to a State using funds appropriated or otherwise made
available to the Election Assistance Commission under the
Coronavirus Aid, Relief, and Economic Security Act (Public
Law 116-136).
(b) Modification of Reporting Deadline.--The first proviso
under the heading ``Election Assistance Commission, Election
Security Grants'' in the Coronavirus Aid, Relief, and
Economic Security Act (Public Law 116-136) is amended by
striking ``within 20 days of each election in the 2020
Federal election cycle in that State,'' and inserting ``not
later than October 30, 2021,''.
(c) Extension for Use of Funds.--The fourth proviso under
the heading ``Election Assistance Commission, Election
Security Grants'' in the Coronavirus Aid, Relief, and
Economic Security Act (Public Law 116-136) is amended by
striking ``December 31, 2020'' and inserting ``September 30,
2021''.
(d) Reallocation of Funds.--A State may elect to reallocate
funds allocated under the heading ``Election Assistance
Commission, Election Security Grants'' in the Coronavirus
Aid, Relief, and Economic Security Act (Public Law 116-136)--
(1) as funds allocated under the heading ``Election
Assistance Commission, Election Security Grants'' in the
Financial Services and General Government Appropriations Act,
2020 (Public Law 116-93; 133 Stat. 2461) that were spent to
prevent, prepare for, and respond to coronavirus,
domestically or internationally, for the 2020 Federal
election cycle; or
(2) as funds allocated under the heading ``Election
Assistance Commission, Election Reform Program'' in the
Financial Services and Government Appropriations Act, 2018
(Public Law 115-141) that were spent to prevent, prepare for,
and respond to coronavirus, domestically or internationally,
for the 2020 Federal election cycle.
(e) Effective Date.--This section shall take effect as if
included in the enactment of the Coronavirus Aid, Relief, and
Economic Security Act (Public Law 116-136).
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