HR 5628

110th CONGRESS
2d Session

H. R. 5628

To amend the Help America Vote Act of 2002 to give individuals who are permitted to cast a provisional ballot in elections for Federal office the option to re-register to vote in such elections at the polling place, to establish a uniform standard for the treatment of provisional ballots cast at incorrect polling places, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

March 13, 2008

Mr. ELLISON (for himself, Ms. LEE, and Ms. MOORE of Wisconsin) 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 give individuals who are permitted to cast a provisional ballot in elections for Federal office the option to re-register to vote in such elections at the polling place, to establish a uniform standard for the treatment of provisional ballots cast at incorrect polling places, 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 `Make Provisional Ballots Count Act 2008'

SEC. 2. SAME-DAY VOTER RE-REGISTRATION FOR INDIVIDUALS PERMITTED TO CAST PROVISIONAL BALLOTS.

(a) In General- Section 302(a) of the Help America Vote Act of 2002 (42 U.S.C. 15482(a)) is amended--

(1) in the matter preceding paragraph (1) by striking `such individual shall be permitted to cast a provisional ballot as follows' and inserting the following: `such individual shall be permitted to re-register to vote in the election and all other elections for Federal office for which ballots are cast at the polling place, in accordance with section 303(d), or (at the option of the individual) shall be permitted to cast a provisional ballot as follows:'; and

(2) in paragraph (1), by striking the period at the end and inserting the following: `, or (at the option of the individual) may re-register to vote in all elections for Federal office at which ballots are cast at the polling place.'.

(b) Voter Re-Registration Procedures Described- Section 303 of such Act (42 U.S.C. 15483) is amended--

(1) by redesignating subsection (d) as subsection (e); and

(2) by inserting after subsection (c) the following new subsection:

`(d) Permitting Certain Individuals To Re-Register To Vote at Polling Place on Date of Election-

`(1) IN GENERAL- At each polling place in a State at which ballots are cast in an election for Federal office, an individual who is permitted to cast a provisional ballot under section 302 may, at the option of the individual, re-register to vote on the date of the election, and may cast a regular ballot instead of a provisional ballot at the polling place in the election, if the individual meets each of the following requirements:

`(A) The individual completes an application for voter registration in accordance with the requirements of this Act and other applicable law.

`(B) The individual provides the appropriate election official at the polling place with evidence of the individual's current address by--

`(i) presenting the official with a current and valid photo identification which includes the individual's current address;

`(ii) presenting the official with a current and valid photo identification which does not include the individual's current address, together with a utility bill for the individual which includes the individual's current address and which is due not later than 30 days after the date of the election; or

`(iii) providing the official with such other evidence as the State or jurisdiction involved considers sufficient.

`(C) The individual executes a written affirmation before an election official at the polling place stating under penalty of perjury that the individual is eligible to register to vote in the jurisdiction in which the individual desires to vote and has not already voted in the election.

`(2) NOTICE FROM ELECTION OFFICIAL- At the time an individual executes the written affirmation required under paragraph (1)(C), the appropriate election official at the polling place shall notify the individual that it is a crime to make false representations in registering to vote in elections for Federal office.

`(3) TRANSMITTAL OF COMPLETED APPLICATIONS TO STATE ELECTION OFFICIAL- The appropriate official at the polling place shall transmit all applications to re-register to vote which are submitted at the polling place under this subsection to the appropriate State election official at the time the official at the polling place transmits the ballots cast at the polling place to the official.

`(4) REQUIREMENTS UNDER NATIONAL VOTER REGISTRATION ACT OF 1993- In carrying out this subsection, a polling place in a State shall meet the requirements applicable to a voter registration agency designated by the State under section 7(a)(2) of the National Voter Registration Act of 1993 (42 U.S.C. 1973gg-5(a)(2)), except that clauses (i), (ii), and (iii) of section 7(a)(6)(B) of such Act (42 U.S.C. 1973gg-5(a)(6)(B)) shall not apply with respect to any of the voter registration forms distributed by the polling place pursuant to this subsection.'.

(c) Inclusion in Voting Information Requirements- Section 302(b)(2) of such Act (42 U.S.C. 14582(b)(2)) is amended--

(1) in subparagraph (E), by inserting `and the right to re-register to vote at the polling place on the date of an election and vote in that election' after `provisional ballot';

(2) by redesignating subparagraphs (E) and (F) as subparagraphs (F) and (G); and

(3) by inserting after subparagraph (D) the following new subparagraph:

`(E) instructions for individuals re-registering to vote at the polling place under section 303(d);'.

(d) Effective Date- Section 303(e) of such Act (42 U.S.C. 15483(e)), as redesignated by subsection (b), is amended by adding at the end the following new paragraph:

`(3) REQUIREMENT FOR VOTER RE-REGISTRATION ON DATE OF ELECTION- Each State and jurisdiction shall be required to comply with the requirements of subsection (d) with respect to the regularly scheduled general election for Federal office held in November 2008 and each succeeding election for Federal office.'.

SEC. 3. UNIFORM STANDARD FOR TREATMENT OF PROVISIONAL BALLOTS CAST AT INCORRECT POLLING PLACES.

(a) In General- 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.'.

(b) Responsibility of Election Official To Notify Individual of Determination of Eligibility of Ballot-

(1) IN GENERAL- Section 302(a)(5) of such Act (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, 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).'.

(c) Effective Date- Section 302(d) of such Act (42 U.S.C. 15482(d)) is amended to read as follows:

`(d) Effective Date-

`(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 PROVISION- To the extent that any provision of this section was amended by the Make Provisional Ballots Count Act of 2008, 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