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.

Summary: Make Provisional Ballots Count Act of 2008 - Amends the Help America Vote Act of 2002 to: (1) permit same-day voter re-registration at polling places on the date of election for individuals permitted to cast provisional ballots; and (2) require counting of provisional ballots cast by individuals determined to be registered to vote in the state or the congressional district, as appropriate.

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.''.