HR 4145
110th CONGRESS
1st Session
H. R. 4145
To amend the Help America Vote Act of 2002 to clarify the treatment
of provisional ballots cast in elections for Federal office, and for other
purposes.
IN THE HOUSE OF REPRESENTATIVES
November 9, 2007
Mr. HOLT 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 clarify the treatment
of provisional ballots cast 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. SHORT TITLE.
This Act may be cited as the `Provisional Ballot Fairness in Counting
Act of 2007'.
SEC. 2. UNIFORM STANDARD FOR TREATMENT OF PROVISIONAL BALLOTS CAST AT
INCORRECT POLLING PLACES.
Section 302(a)(4) of the Help America Vote Act of 2002 (42 U.S.C. 15482(a)(4))
is amended to read as follows:
`(4) The provisional ballot of an individual who is a registered voter
in a jurisdiction in a State and who is eligible to vote in an election
for Federal office in the State shall be counted as a vote in such an
election if the appropriate State or local election official to whom
the ballot or voter information is transmitted under paragraph (3)--
`(A) in the case of an election for electors for President or for
the office of a Senator, determines that the individual is registered
to vote in the State in which the provisional ballot is cast; and
`(B) in the case of an election for the office of a Member of the
House of Representatives (including a Delegate or Resident Commissioner
to the Congress), determines that the individual is registered to
vote in the Congressional district in which the provisional ballot
is cast.'.
SEC. 3. MINIMUM CONTENTS OF PROVISIONAL BALLOTS.
Section 302(a)(1) of the Help America Vote Act of 2002 (42 U.S.C. 15482(a)(1))
is amended by adding at the end the following new sentence: `The provisional
ballot shall include (at a minimum) all information required for the individual
to cast a vote in each election for Federal office held at the polling
place.'.
SEC. 4. TREATMENT OF VOTERS WHO VOTE AFTER CLOSING OF POLLING PLACES.
Section 302(c) of the Help America Vote Act of 2002 (42 U.S.C. 15482(c))
is amended to read as follows:
`(c) Equal Treatment of Voters Who Vote After the Polls Close- Any individual
who votes in an election for Federal office as a result of a Federal or
State court order or any other order extending the time established for
closing the polls by a State law in effect 10 days before the date of
that election shall cast the individual's ballot for the election in the
same manner, and under the same terms and conditions, as any individual
who votes in the election during the regular hours for the operation of
polling places in the State, including the terms and conditions applicable
to individuals permitted to cast provisional ballots under this section.'.
SEC. 5. TREATMENT OF BALLOTS AFTER CASTING.
(a) Responsibility of Election Official To Notify Individual of Determination
of Eligibility of Ballot-
(1) IN GENERAL- Section 302(a)(5) of the Help America Vote Act of 2002
(42 U.S.C. 15482(a)(5)) is amended to read as follows:
`(5)(A) Not later than 24 hours after determining whether or not the
vote of an individual who casts a provisional ballot in an election
will be counted in that election under this Act, the appropriate State
or local election official shall notify the individual of the determination
and (if the determination is made that the vote will not be counted)
the reasons for the determination and the individual's right to challenge
the determination under the procedures established under subparagraph
(B).
`(B) Each State shall establish procedures, including a free access
system (such as a toll-free telephone number or an Internet website),
under which an individual who casts a provisional ballot in an election
and who is notified by the appropriate State or local election official
that the provisional ballot cast by the individual will not be counted
as a vote in the election may challenge the determination prior to the
final tabulation of ballots in the election.
`(C) In carrying out subparagraph (B), each State shall ensure that,
in each jurisdiction of the State, an appropriate State or local election
official operates open office hours for at least 8 hours on the day
after the date of the election or the day after the date upon which
determinations are made under subparagraph (A), during which a voter
who cast a provisional ballot in the election may contact the official
and challenge the determination under the procedures established under
subparagraph (B).'.
(2) CONFORMING AMENDMENT- Section 302(a) of such Act (42 U.S.C. 15482(a))
is amended in the matter following paragraph (5) by striking `The appropriate
State or local official' and all that follows through `paragraph (5)(B).'.
(b) Prohibiting Initiation of Recount or Certification of Results Prior
to Review of Provisional Ballots Cast; Standards for Determination of
Acceptance of Provisional Ballots- Section 302(a) of such Act (42 U.S.C.
15482(a)) is amended by inserting after paragraph (5) the following new
paragraphs:
`(6) The chief State election official may not make any determination
regarding the applicability of any requirement under State law to conduct
a recount of the results of any election for Federal office in the State,
or certify the results of any election for Federal office in the State,
until all of the votes cast by provisional ballot cast in the election
which are to be counted pursuant to this Act have been counted.
`(7) In making a determination as to whether a vote cast by an individual
by provisional ballot will be counted in an election, the chief State
election official shall review not only the official Statewide list
of registered voters but any other information which was submitted by
the individual in the process of applying to register to vote.'.
(c) Treatment of Rejected Provisional Ballot as Application for Voter
Registration- Section 302(a) of such Act (42 U.S.C. 15482(a)), as amended
by subsection (b), is amended by inserting after paragraph (7) the following
new paragraph:
`(8) If a provisional ballot cast by an individual in an election for
Federal office is rejected on the ground that the individual is not
registered to vote in the election, the ballot shall be treated (for
purposes of this Act, the National Voter Registration Act of 1993, and
applicable State law) as an application by the individual for voter
registration in the appropriate registrar's jurisdiction, under the
same terms and conditions applicable to applications for voter registration
under this Act, including section 303(b)(4) (relating to the treatment
of incomplete forms).'.
SEC. 6. EFFECTIVE DATE.
Section 302(d) of the Help America Vote Act of 2002 (42 U.S.C. 15482(d))
is amended to read as follows:
`(1) IN GENERAL- Except as provided in paragraph (2), each State and
jurisdiction shall be required to comply with the requirements of this
section on and after January 1, 2004.
`(2) DELAYED EFFECTIVE DATE FOR CERTAIN PROVISIONS- To the extent that
any provision of this section was amended by the Provisional Ballot
Fairness in Counting Act of 2007, such provision shall apply with respect
to the regularly scheduled general election for Federal office held
in November 2008 and each succeeding election for Federal office.'.
END
