Amends the Help AmericaVote Act of 2002 to permit any person otherwise qualified to vote in a federal election to use a national federal write-in absentee ballott to cast votes in such elections.
Directs the Election Assistance Commission to: (1) establish a national federal write-in absentee ballot for use in federal elections; and (2) prescribe standards for distributing, processing, and submitting such ballots.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4141 Introduced in House (IH)]
109th CONGRESS
1st Session
H. R. 4141
To amend the Help America Vote Act of 2002 to permit individuals to use
a national write-in absentee ballot to cast votes in elections for
Federal office, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 25, 2005
Ms. Millender-McDonald 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 permit individuals to use
a national write-in absentee ballot to cast votes in elections 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. USE OF NATIONAL FEDERAL WRITE-IN ABSENTEE BALLOT.
(a) In General.--Subtitle A of title III of the Help America Vote
Act of 2002 (42 U.S.C. 15481 et seq.) is amended--
(1) by redesignating sections 304 and 305 as sections 305
and 306; and
(2) by inserting after section 303 the following new
section:
``SEC. 304. USE OF NATIONAL FEDERAL WRITE-IN ABSENTEE BALLOT.
``(a) In General.--Any person who is otherwise qualified to vote in
a Federal election in a State shall be permitted to use the national
Federal write-in absentee ballot prescribed by the Election Assistance
Commission under section 247 to cast a vote in an election for Federal
office.
``(b) Submission and Processing.--
``(1) In general.--Except as otherwise provided in this
section, a national Federal write-in absentee ballot shall be
submitted and processed in the manner provided under the
standards prescribed by the Commission under section 247(b).
``(2) Deadline.--An otherwise eligible national Federal
write-in absentee ballot shall be counted if postmarked or
signed before the close of the polls on election day and
received by the appropriate State election official on or
before the date which is 10 days after the date of the election
or the date provided for receipt of absentee ballots under
State law, whichever is later.
``(c) Special Rules.--The following rules shall apply with respect
to national Federal write-in absentee ballots:
``(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.''.
(b) Conforming Amendment.--Section 401 of the Help America Vote Act
of 2002 (42 U.S.C. 15511) is amended by striking ``and 303'' and
inserting ``303, and 304''.
(c) Clerical Amendment.--The table of contents of the Help America
Vote Act of 2002 is amended--
(1) by redesignating the items relating to sections 304 and
305 as relating to sections 305 and 306; and
(2) by inserting after the item relating to section 303 the
following new item:
``Sec. 304. Use of national Federal write-in absentee ballot.''.
SEC. 2. ESTABLISHMENT OF BALLOT AND STANDARDS.
(a) In General.--Subtitle C of title II of the Help America Vote
Act of 2002 (42 U.S.C. 15381 et seq.) is amended--
(1) by redesignating section 247 as section 248; and
(2) by inserting after section 246 the following new
section:
``SEC. 247. NATIONAL FEDERAL WRITE-IN ABSENTEE BALLOT.
``(a) Form of Ballot.--The Commission shall establish a national
Federal write-in absentee ballot (including a secrecy envelope and
mailing envelope for such ballot) for use in elections for Federal
office.
``(b) Standards.--The Commission shall prescribe standards for--
``(1) distributing the national Federal write-in absentee
ballot, including standards for distributing such ballot
through the Internet; and
``(2) processing and submission of the national Federal
write-in absentee ballot.''.
(b) Clerical Amendment.--The table of contents of the Help America
Vote Act of 2002 is amended--
(1) by redesignating the item relating to section 247 as
relating to section 248; and
(2) by inserting after the item relating to section 246 the
following new item:
``Sec. 247. National Federal write-in absentee ballot.''.
(c) Effective Date.--The Election Assistance Commission shall
establish a national Federal write-in absentee ballot under section
247(a) of the Help America Vote Act of 2002 (as amended by subsection
(a)), and prescribe standards relating to the ballot under section
247(b) of such Act, not later than January 1, 2006.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on House Administration.
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