II 

116TH CONGRESS 

2D SESSION S. 4033 

To require States to establish contingency plans for the conduct of elections 

for Federal office in response to national disasters and emergencies, 

and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 22, 2020 

Ms. KLOBUCHAR (for herself, Mr. WYDEN, Ms. HIRONO, Ms. BALDWIN, Mr. 

COONS, Mr. SANDERS, Mr. MARKEY, Mr. VAN HOLLEN, Mr. BOOKER, 

Ms. SMITH, Mr. JONES, Mrs. FEINSTEIN, Mr. PETERS, Mr. DURBIN, Mr. 

MURPHY, Ms. STABENOW, Mr. BLUMENTHAL, Mr. WARNER, Mrs. MURRAY, Mr. HEINRICH, Mr. UDALL, Ms. WARREN, Ms. DUCKWORTH, Ms. 

CANTWELL, Mr. MENENDEZ, Mr. BROWN, Mr. SCHATZ, Mr. CARPER, 

Mr. CASEY, Mrs. GILLIBRAND, Mr. CARDIN, Ms. CORTEZ MASTO, Mr. 

KAINE, and Ms. ROSEN) introduced the following bill; which was read 

twice and referred to the Committee on Rules and Administration 

A BILL 

To require States to establish contingency plans for the 

conduct of elections for Federal office in response to 

national disasters and emergencies, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Natural Disaster and 

5 Emergency Ballot Act of 2020’’. 


jbell on DSKJLSW7X2PROD with BILLS
2 

•S 4033 IS

1 SEC. 2. REQUIREMENTS FOR FEDERAL ELECTION CONTIN2 GENCY PLANS IN RESPONSE TO NATURAL 

3 DISASTERS AND EMERGENCIES. 

4 (a) IN GENERAL.— 

5 (1) ESTABLISHMENT.—Not later than 30 days 

6 after the date of the enactment of this Act, each 

7 State and jurisdiction shall establish and make pub8 licly available a contingency plan to enable qualified 

9 individuals (as defined in section 322(b) of the Help 

10 America Vote Act of 2002, as added by section 

11 5(a)), to vote in elections for Federal office during 

12 a state of emergency, public health emergency, or 

13 national emergency which has been declared for rea14 sons including, but not limited to— 

15 (A) a natural disaster; or 

16 (B) an infectious disease. 

17 (2) UPDATING.—Each State and jurisdiction 

18 shall update the contingency plan established under 

19 this subsection not less frequently than every 5 

20 years. 

21 (b) REQUIREMENTS RELATING TO SAFETY.— 

22 (1) IN GENERAL.—The contingency plan estab23 lished under subsection (a) shall include initiatives 

24 to provide equipment and resources needed to pro25 tect the health and safety of voters, pollworkers, and 

26 election workers when voting in person or by mail 


jbell on DSKJLSW7X2PROD with BILLS
3 

•S 4033 IS

1 and throughout the election process, which shall in2 clude— 

3 (A) the procurement and use of personal 

4 protective equipment, sanitizing supplies and 

5 equipment, disinfecting supplies and equipment, 

6 disposable voting equipment, and the implemen7 tation of personal distancing guidelines; and 

8 (B) the use or implementation of any other 

9 equipment and protocols which health experts 

10 have determined will protect the health and 

11 safety of voters, pollworkers, and election work12 ers. 

13 (2) MINIMUM PROTOCOLS.—The contingency 

14 plan established under subsection (a) shall include 

15 plans to implement relevant Centers for Disease 

16 Control and Prevention guidance to protect the safe17 ty of voters, pollworkers, and election workers 

18 throughout the entirety of the election process. 

19 (c) REQUIREMENTS RELATING TO RECRUITMENT OF

20 POLL WORKERS.—The contingency plan established 

21 under subsection (a) shall include initiatives by the chief 

22 State election official and local election officials to recruit 

23 poll workers for the November, 2020, general election and 

24 subsequent elections from resilient or unaffected popu25 lations, which may include— 


jbell on DSKJLSW7X2PROD with BILLS
4 

•S 4033 IS

1 (1) other State and local government offices; 

2 (2) high schools and colleges in the State for 

3 the November, 2020, general election and in subse4 quent elections for Federal office in the case where 

5 an infectious disease poses significant increased 

6 health risks to elderly individuals and affects an 

7 election for Federal office; and 

8 (3) work-eligible non-citizens to satisfy the need 

9 for bilingual poll workers, where language assistance 

10 is required by law. 

11 (d) REQUIREMENTS RELATING TO PUBLIC EDU12 CATION AND INFORMATION CAMPAIGNS.—The contin13 gency plan established under subsection (a) shall include 

14 initiatives by the chief State election official and local elec15 tion officials to inform the public of all voting options and 

16 election dates and counter any misinformation about vot17 ing options and election dates. 

18 (e) PLAN FOR VOTERS TO BE ABLE TO REQUEST

19 ABSENTEE BALLOTS ONLINE AND VOTE BY MAIL.—The 

20 contingency plan established under subsection (a) shall 

21 permit all individuals who are registered to vote to— 

22 (1) submit an online request for an absentee 

23 ballot, which requirement is satisfied if the local, 

24 county, or State election official’s website allows an 


jbell on DSKJLSW7X2PROD with BILLS
5 

•S 4033 IS

1 absentee ballot request application to be completed 

2 and submitted online and— 

3 (A) an absentee ballot request application 

4 to be printed for the voter to complete and 

5 mail; or 

6 (B) a voter to submit an online request for 

7 a hard copy absentee ballot request application 

8 to be mailed or emailed to the voter to complete 

9 and mail; 

10 (2) return completed absentee ballot requests to 

11 designated drop off boxes which are accessible to all 

12 voters on a nondiscriminatory basis, including voters 

13 with disabilities, accessible by public transportation, 

14 accessible during all hours of the day, and such con15 tingency plan shall ensure that there are sufficient 

16 drop boxes in all communities, including rural com17 munities; 

18 (3) cast a vote in elections for Federal office by 

19 mail; and 

20 (4) return completed absentee ballots by drop21 ping them off at designated locations before the 

22 close of polls on the date of the election. 

23 (f) STATE.—For purposes of this section, the term 

24 ‘‘State’’ includes the District of Columbia, the Common25 wealth of Puerto Rico, Guam, American Samoa, the 


jbell on DSKJLSW7X2PROD with BILLS
6 

•S 4033 IS

1 United States Virgin Islands, and the Commonwealth of 

2 the Northern Mariana Islands. 

3 (g) ENFORCEMENT.— 

4 (1) ATTORNEY GENERAL.—The Attorney Gen5 eral may bring a civil action against any State or ju6 risdiction in an appropriate United States District 

7 Court for such declaratory and injunctive relief (in8 cluding a temporary restraining order, a permanent 

9 or temporary injunction, or other order) as may be 

10 necessary to carry out the requirements of this sec11 tion. 

12 (2) PRIVATE RIGHT OF ACTION.— 

13 (A) IN GENERAL.—In the case of a viola14 tion of this section, any person who is aggrieved 

15 by such violation may provide written notice of 

16 the violation to the chief election official of the 

17 State involved. 

18 (B) RELIEF.—If the violation is not cor19 rected within 20 days after receipt of a notice 

20 under subparagraph (A), or within 5 days after 

21 receipt of the notice if the violation occurred 

22 within 120 days before the date of an election 

23 for Federal office, the aggrieved person may, in 

24 a civil action, obtain declaratory or injunctive 

25 relief with respect to the violation. 


jbell on DSKJLSW7X2PROD with BILLS
7 

•S 4033 IS

1 (C) SPECIAL RULE.—If the violation oc2 curred within 5 days before the date of an elec3 tion for Federal office, the aggrieved person 

4 need not provide notice to the chief election of5 ficial of the State involved under subparagraph 

6 (A) before bringing a civil action under sub7 paragraph (B). 

8 SEC. 3. REQUIREMENT TO ALLOW FOR EARLY VOTING AND 

9 NO-EXCUSE ABSENTEE VOTING. 

10 (a) REQUIREMENTS.—Title III of the Help America 

11 Vote Act of 2002 (52 U.S.C. 21081) is amended by adding 

12 at the end the following new subtitle: 

13 ‘‘Subtitle C—Additional 

14 Requirements 

15 ‘‘SEC. 321. AVAILABILITY OF EARLY VOTING AND VOTING 

16 BY MAIL. 

17 ‘‘(a) IN GENERAL.—Each State and jurisdiction 

18 shall, with respect to the 2020 general election occurring 

19 on November 3, 2020, and each subsequent election for 

20 Federal office— 

21 ‘‘(1) allow individuals to vote in such election 

22 prior to the date of the election through— 

23 ‘‘(A) early voting which meets the require24 ments of subsection (b); and 


jbell on DSKJLSW7X2PROD with BILLS
8 

•S 4033 IS

1 ‘‘(B) voting by mail which meets the re2 quirements of subsection (c); 

3 ‘‘(2) publicize the details of any voting allowed 

4 under paragraph (1); 

5 ‘‘(3) comply with the absentee voting require6 ments of subsection (d); 

7 ‘‘(4) comply with the ballot processing and 

8 screening requirements of subsection (e); and 

9 ‘‘(5) when applicable, comply with the special 

10 rules in case of emergency periods under subsection 

11 (f). 

12 ‘‘(b) EARLY VOTING.— 

13 ‘‘(1) IN GENERAL.—Early voting meets the re14 quirements of this subsection if— 

15 ‘‘(A) such voting occurs— 

16 ‘‘(i) for a 20-day period preceding the 

17 date of the election so that such days con18 stitute consecutive weekdays and include at 

19 least one weekend, which period may end 

20 on a date chosen by the chief election offi21 cial of the State that is between the date 

22 of the election and 4 days preceding such 

23 date; and 


jbell on DSKJLSW7X2PROD with BILLS
9 

•S 4033 IS

1 ‘‘(ii) for no less than 10 hours on 

2 each of the 20 days such early voting oc3 curs; and 

4 ‘‘(B) each early voting location in the 

5 State makes ballot drop-off boxes available con6 sistent with section (c)(2) for voters to submit 

7 their voted and sealed absentee ballots. 

8 ‘‘(2) STANDARDS.— 

9 ‘‘(A) IN GENERAL.—The Election Assist10 ance Commission shall issue standards for the 

11 administration of voting in-person prior to the 

12 scheduled date of an election for Federal office. 

13 Such standards shall include the nondiscrim14 inatory geographic placement of polling places 

15 at which such voting occurs. 

16 ‘‘(B) DEVIATION.—The standards de17 scribed in subparagraph (A) shall permit 

18 States, upon providing adequate public notice, 

19 to deviate from any requirement in the case of 

20 unforeseen circumstances such as a natural dis21 aster, terrorist attack, or a change in voter 

22 turnout. 

23 ‘‘(c) VOTING BY MAIL.—Voting by mail meets the re24 quirements of this subsection if— 


jbell on DSKJLSW7X2PROD with BILLS
10 

•S 4033 IS

1 ‘‘(1) the State does not require an excuse in 

2 order to obtain and cast a ballot by mail for any 

3 election for Federal office; 

4 ‘‘(2) the State makes ballot drop-off boxes 

5 available at least 45 days prior to the date of an 

6 election for Federal office and up until the close of 

7 polls on the date of the election and ensures that 

8 such ballot drop-off boxes are— 

9 ‘‘(A) available to all voters on a non-dis10 criminatory basis; 

11 ‘‘(B) accessible to voters with disabilities; 

12 ‘‘(C) accessible— 

13 ‘‘(i) by public transportation; and 

14 ‘‘(ii) during all hours of the day; and 

15 ‘‘(D) sufficiently available in all commu16 nities in the State, including rural communities 

17 and on Tribal lands; 

18 ‘‘(3) the State permits any eligible voter to sub19 mit an online request for an absentee ballot to vote 

20 in an election for Federal office, which requirement 

21 is satisfied if the local, county, or State election offi22 cial’s website allows an absentee ballot request appli23 cation to be completed and submitted online and 

24 if— 


jbell on DSKJLSW7X2PROD with BILLS
11 

•S 4033 IS

1 ‘‘(A) an absentee ballot request application 

2 to be printed for the voter to complete and 

3 mail; or 

4 ‘‘(B) a voter is able to submit an online re5 quest via the internet to have a hard-copy ab6 sentee ballot request application mailed or e7 mailed to them to complete and mail; 

8 ‘‘(4) the State sends an absentee ballot to vote 

9 in an election for Federal office in the State by mail 

10 to any eligible voter that submits a request for such 

11 a ballot and that request is received by the appro12 priate election office on or before the date that is 5 

13 days, not including weekend days, before the date of 

14 such election, except that nothing in this paragraph 

15 shall preclude a State or local jurisdiction from al16 lowing for the acceptance and processing of ballot 

17 requests submitted or received after such required 

18 period; 

19 ‘‘(5) the State permits any eligible voter to have 

20 the option to request an absentee ballot for subse21 quent elections on all absentee ballot requests; 

22 ‘‘(6) the State does not require any form of 

23 identification for an absentee ballot request; 


jbell on DSKJLSW7X2PROD with BILLS
12 

•S 4033 IS

1 ‘‘(7) the State does not include any require2 ments for notarization or witness signature or other 

3 formal authentication (other than voter attestation); 

4 ‘‘(8) the State allows a voter to sign a voter at5 testation on a ballot by providing a mark or signa6 ture stamp or by providing a signature with the use 

7 of an assistant due to age, self-certified disability, or 

8 other need; 

9 ‘‘(9) the State permits voters to submit an ab10 sentee ballot by dropping it off at designated loca11 tions before the close of polls on the date of the elec12 tion, including at any polling location on the date of 

13 the election before the close of polls; 

14 ‘‘(10) the State— 

15 ‘‘(A) permits a voter to designate any per16 son to return a voted and sealed absentee ballot 

17 to the post office, a ballot drop-off location, 

18 tribally designated building, or election office 

19 and that such person designated to return an 

20 absentee ballot shall not receive any form of 

21 compensation based on the number of ballots 

22 that the person has returned and no individual, 

23 group, or organization shall provide compensa24 tion on this basis; or 


jbell on DSKJLSW7X2PROD with BILLS
13 

•S 4033 IS

1 ‘‘(B) does not put any limits on how many 

2 voted and sealed absentee ballots any des3 ignated person can return to the post office, a 

4 ballot drop off location, tribally designated 

5 building, or election office; 

6 ‘‘(11) the State permits any eligible voter that 

7 submits a request for an absentee ballot to vote in 

8 such election, but does not receive their absentee 

9 ballot at least 2 days prior to election day to 

10 download and mark at home an absentee ballot pro11 vided by the State pursuant to section 103C of the 

12 Uniformed Overseas Citizens Absentee Voting Act or 

13 section 322 of this Act; and 

14 ‘‘(12) the State ensures that any voting mate15 rials (as defined in section 203 of the Voting Right 

16 Act of 1965 (52 U.S.C. 10503)) provided for pur17 poses of voting by mail, including but not limited to 

18 ballots and voter education materials, meet the lan19 guage requirements under such section 203. 

20 ‘‘(d) DEADLINE REQUIREMENTS.—The requirements 

21 described in this subsection are that a State shall count 

22 a ballot submitted by an individual by mail with respect 

23 to an election for Federal office in the State— 

24 ‘‘(1) if it is postmarked, signed, or otherwise in25 dicated by the United States Postal Service to have 


jbell on DSKJLSW7X2PROD with BILLS
14 

•S 4033 IS

1 been mailed on or before the close of polls on the 

2 date of the election; and 

3 ‘‘(2) received by the appropriate State election 

4 official on or before the date that is 10 days after 

5 the date of such election. 

6 ‘‘(e) BALLOT PROCESSING AND SCANNING REQUIRE7 MENTS.— 

8 ‘‘(1) IN GENERAL.—The requirement described 

9 in this subsection is that the State begins processing 

10 and scanning ballots cast during early voting or 

11 through vote by mail for tabulation at least 14 days 

12 prior to election day. 

13 ‘‘(2) LIMITATION.—Nothing in this subsection 

14 shall allow for the tabulation of ballots before the 

15 close of polls on the date of the election. 

16 ‘‘(f) SPECIAL RULES IN CASE OF EMERGENCY PERI17 ODS.— 

18 ‘‘(1) AUTOMATIC MAILING OF ABSENTEE BAL19 LOTS TO ALL VOTERS.—If the area in which an elec20 tion is held is in an area in which an emergency or 

21 disaster which is described in subparagraph (A) or 

22 (B) of section 1135(g)(1) of the Social Security Act 

23 (42 U.S.C. 1320b–5(g)(1)) is declared during the 

24 period described in paragraph (3) not later than 2 

25 weeks before the date of the election, the appropriate 


jbell on DSKJLSW7X2PROD with BILLS
15 

•S 4033 IS

1 State or local election official shall transmit by mail 

2 absentee ballots and balloting materials for the elec3 tion to all individuals who are registered to vote in 

4 such election or, in the case of any State that does 

5 not register voters, all individuals who are in the 

6 State’s central voter file (or if the State does not 

7 keep a central voter file, to all individuals who are 

8 eligible to vote in such election) in a manner con9 sistent with all applicable laws, including section 203 

10 of the Voting Right Act of 1965 (52 U.S.C. 10503). 

11 ‘‘(2) AFFIRMATION.—If an individual receives 

12 an absentee ballot from a State or local election offi13 cial pursuant to paragraph (1) and returns the voted 

14 ballot to the official, the ballot shall not be counted 

15 in the election unless the individual includes with the 

16 ballot a signed affirmation that— 

17 ‘‘(A) the individual has not and will not 

18 cast another ballot with respect to the election; 

19 and 

20 ‘‘(B) acknowledges that a material 

21 misstatement of fact in completing the ballot 

22 may constitute grounds for conviction of per23 jury. 

24 ‘‘(3) PERIOD DESCRIBED.—The period de25 scribed in this paragraph with respect to an election 


jbell on DSKJLSW7X2PROD with BILLS
16 

•S 4033 IS

1 is the period which begins 120 days before the date 

2 of the election and ends 30 days before the date of 

3 the election. 

4 ‘‘(4) APPLICATION TO NOVEMBER 2020 GEN5 ERAL ELECTION.—Because of the public health 

6 emergency declared pursuant to section 319 of the 

7 Public Health Service Act (42 U.S.C. 247d) result8 ing from the COVID–19 pandemic, the special rules 

9 set forth in this subsection shall apply with respect 

10 to the regularly scheduled general election for Fed11 eral office held in November 2020 in each State. 

12 ‘‘(g) STATE.—For purposes of this section, the term 

13 ‘State’ includes the District of Columbia, the Common14 wealth of Puerto Rico, Guam, American Samoa, the 

15 United States Virgin Islands, and the Commonwealth of 

16 the Northern Mariana Islands.’’. 

17 (b) CONFORMING AMENDMENT RELATING TO EN18 FORCEMENT.—Section 401 of such Act (52 U.S.C. 21111) 

19 is amended by striking ‘‘and 303’’ and inserting ‘‘303, and 

20 subtitle C of title III’’. 

21 (c) PRIVATE RIGHT OF ACTION.—Title IV of the 

22 Help America Vote Act of 2002 (52 U.S.C. 21111 et seq.) 

23 is amended by adding at the end the following new section: 


jbell on DSKJLSW7X2PROD with BILLS
17 

•S 4033 IS

1 ‘‘SEC. 403. PRIVATE RIGHT OF ACTION FOR VIOLATIONS OF 

2 NATURAL DISASTER AND EMERGENCY BAL3 LOT ACT OF 2020. 

4 ‘‘(a) IN GENERAL.—In the case of a violation of sub5 title C of title III, section 402 shall not apply and any 

6 person who is aggrieved by such violation may provide 

7 written notice of the violation to the chief election official 

8 of the State involved. 

9 ‘‘(b) RELIEF.—If the violation is not corrected within 

10 20 days after receipt of a notice under subsection (a), or 

11 within 5 days after receipt of the notice if the violation 

12 occurred within 120 days before the date of an election 

13 for Federal office, the aggrieved person may, in a civil ac14 tion, obtain declaratory or injunctive relief with respect 

15 to the violation. 

16 ‘‘(c) SPECIAL RULE.—If the violation occurred within 

17 5 days before the date of an election for Federal office, 

18 the aggrieved person need not provide notice to the chief 

19 election official of the State involved under subsection (a) 

20 before bringing a civil action under subsection (b).’’. 

21 (d) CONFORMING AMENDMENT RELATING TO VOL22 UNTARY GUIDANCE BY ELECTION ASSISTANCE COMMIS23 SION.—Section 311(b) of such Act (52 U.S.C. 21101) is 

24 amended— 

25 (1) in paragraph (2), by striking ‘‘and’’; 


jbell on DSKJLSW7X2PROD with BILLS
18 

•S 4033 IS

1 (2) in paragraph (3), by striking the period at 

2 the end and inserting ‘‘; and’’; and 

3 (3) by adding at the end the following: 

4 ‘‘(4) in the case of the recommendations with 

5 respect to subtitle C, 1 year after the date of enact6 ment of the Natural Disaster and Emergency Ballot 

7 Act of 2020.’’. 

8 (e) CLERICAL AMENDMENTS.—The table of contents 

9 of such Act is amended— 

10 (1) by inserting after the item relating to sec11 tion 312 the following: 

‘‘Subtitle C—Additional Requirements 

‘‘Sec. 321. Availability of early voting and voting by mail.’’; 

12 and 

13 (2) by inserting after the item relating to sec14 tion 402 the following: 

‘‘Sec. 403. Private right of action for violations of Natural Disaster and Emergency Ballot Act of 2020.’’. 


jbell on DSKJLSW7X2PROD with BILLS
19 

•S 4033 IS

1 SEC. 4. USE OF DOWNLOADABLE AND PRINTABLE ABSEN2 TEE BALLOTS PROVIDED BY STATES UNDER 

3 UOCAVA FOR VOTERS WITH DISABILITIES 

4 AND THOSE WHO HAVE NOT RECEIVED A 

5 BALLOT TO VOTE IN 2020 GENERAL ELEC6 TION AND SUBSEQUENT FEDERAL ELEC7 TIONS UNTIL DOMESTIC DOWNLOADABLE 

8 AND PRINTABLE BALLOT PRESCRIBED BY 

9 EAC IS AVAILABLE. 

10 (a) IN GENERAL.—The Uniformed and Overseas 

11 Citizens Absentee Voting Act (52 U.S.C. 20301 et seq.) 

12 is amended by inserting after section 103B the following 

13 new section: 

14 ‘‘SEC. 103C. USE OF DOWNLOADABLE AND PRINTABLE AB15 SENTEE BALLOTS PROVIDED UNDER UOCAVA 

16 FOR VOTERS WITH DISABILITIES AND THOSE 

17 WHO HAVE NOT RECEIVED A BALLOT TO 

18 VOTE IN 2020 GENERAL ELECTION AND SUB19 SEQUENT FEDERAL ELECTIONS UNTIL DO20 MESTIC DOWNLOADABLE AND PRINTABLE 

21 BALLOT PRESCRIBED BY EAC IS AVAILABLE. 

22 ‘‘(a) IN GENERAL.— 

23 ‘‘(1) STATE RESPONSIBILITIES.—Each State 

24 shall, with respect to the 2020 general election oc25 curring on November 3, 2020, and subsequent elec26 tions for Federal office (until such time as the ElecVerDate Sep 11 2014 20:57 Jul 08, 2020 Jkt 099200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\S4033.IS S4033

jbell on DSKJLSW7X2PROD with BILLS
20 

•S 4033 IS

1 tion Assistance Commission prescribes a domestic 

2 downloadable and printable ballot for use in elec3 tions for Federal office pursuant to section 297 of 

4 the Help America Vote Act of 2002), permit quali5 fied individuals to use downloadable and printable 

6 absentee ballots transmitted by the State in the 

7 same manner and under the same terms and condi8 tions under which the State transmits such ballots 

9 to absent uniformed services voters and overseas vot10 ers under the provisions of section 102(f) to vote in 

11 such election. 

12 ‘‘(2) REQUIREMENTS.—Such downloadable and 

13 printable absentee ballots— 

14 ‘‘(A) must comply with the language re15 quirements under section 203 of the Voting 

16 Rights Act of 1965 (52 U.S.C. 10503); and 

17 ‘‘(B) must comply with the disability re18 quirements under section 508 of the Rehabilita19 tion Act of 1973 (29 U.S.C. 794d). 

20 ‘‘(3) APPLICATION OF REQUIREMENTS.—The 

21 provisions of section 103 shall apply with respect to 

22 the use of such downloadable and printable absentee 

23 ballots by qualified individuals pursuant to this sec24 tion in the same manner as such provisions apply 

25 with respect to the use of such ballots by absent uniVerDate Sep 11 2014 20:57 Jul 08, 2020 Jkt 099200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\S4033.IS S4033

jbell on DSKJLSW7X2PROD with BILLS
21 

•S 4033 IS

1 formed services voters and overseas voters pursuant 

2 to section 103. 

3 ‘‘(4) CLARIFICATION REGARDING FREE POST4 AGE.—Such downloadable and printable absentee 

5 ballots of qualified individuals pursuant to this sec6 tion shall be considered balloting materials as de7 fined in section 107 for purposes of section 3406 of 

8 title 39, United States Code. 

9 ‘‘(5) PROHIBITING REFUSAL TO ACCEPT BAL10 LOT FOR FAILURE TO MEET CERTAIN REQUIRE11 MENTS.—A State shall not refuse to accept and 

12 process any otherwise valid downloadable and print13 able absentee ballot submitted in any manner by a 

14 qualified individual solely on the basis of the fol15 lowing: 

16 ‘‘(A) Notarization or witness signature re17 quirements. 

18 ‘‘(B) Restrictions on paper type, including 

19 weight and size. 

20 ‘‘(C) Restrictions on envelope type, includ21 ing weight and size. 

22 ‘‘(b) QUALIFIED INDIVIDUAL.—For purposes of this 

23 section: 

24 ‘‘(1) IN GENERAL.—Except as provided in para25 graph (2), the term ‘qualified individual’ means any 


jbell on DSKJLSW7X2PROD with BILLS
22 

•S 4033 IS

1 individual who is otherwise qualified to vote in an 

2 election for Federal office and who— 

3 ‘‘(A)(i) has requested an absentee ballot 

4 from the State or jurisdiction where such indi5 vidual is registered to vote; and 

6 ‘‘(ii) has not received such absentee ballot 

7 at least 2 days before the date of the election; 

8 ‘‘(B) expects to be absent from such indi9 vidual’s jurisdiction on the day of the election 

10 for Federal office due to professional or volun11 teer service in response to a natural disaster or 

12 emergency as so declared; 

13 ‘‘(C) is hospitalized or expects to be hos14 pitalized on the day of the election for Federal 

15 office; or 

16 ‘‘(D) is an individual with a disability (as 

17 defined in section 3 of the Americans with Dis18 abilities Act of 1990 (42 U.S.C. 12102)) and 

19 resides in a state which does not offer voters 

20 the ability to use secure and accessible remote 

21 ballot marking. 

22 For purposes of subparagraph (D), a State shall 

23 permit an individual to self-certify that the indi24 vidual is an individual with a disability. 


jbell on DSKJLSW7X2PROD with BILLS
23 

•S 4033 IS

1 ‘‘(2) COORDINATION WITH FEDERAL WRITE-IN

2 BALLOT FOR ABSENT UNIFORMED SERVICES AND

3 OVERSEAS VOTERS.—The term ‘qualified individual’ 

4 shall not include an individual who— 

5 ‘‘(A) is an absent uniformed services voter 

6 or an overseas voter; and 

7 ‘‘(B) is entitled to vote using the Federal 

8 write-in absentee ballot prescribed under section 

9 103. 

10 ‘‘(c) STATE.—For purposes of this section, the term 

11 ‘State’ includes the District of Columbia, the Common12 wealth of Puerto Rico, Guam, American Samoa, the 

13 United States Virgin Islands, and the Commonwealth of 

14 the Northern Mariana Islands.’’. 

15 (b) CONFORMING AMENDMENT.—Section 102(a) of 

16 the Uniformed and Overseas Citizens Absentee Voting Act 

17 (52 U.S.C. 20302(a)) is amended by striking ‘‘and’’ at 

18 the end of paragraph (10), by striking the period at the 

19 end of paragraph (11) and inserting ‘‘; and’’, and by add20 ing at the end the following new paragraph: 

21 ‘‘(12) meet the requirements of section 103C 

22 with respect to use of downloadable and printable 

23 absentee ballots for qualified individuals to vote in 

24 the 2020 general election.’’. 


jbell on DSKJLSW7X2PROD with BILLS
24 

•S 4033 IS

1 (c) CLERICAL AMENDMENTS.—The table of contents 

2 of such Act is amended by inserting the following after 

3 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.’’. 

4 SEC. 5. DOWNLOADABLE AND PRINTABLE ABSENTEE BAL5 LOT FOR DOMESTIC USE BY VOTERS WITH 

6 DISABILITIES AND IN EMERGENCIES START7 ING IN 2022. 

8 (a) STATE REQUIREMENT.— 

9 (1) IN GENERAL.—Subtitle C of title III of the 

10 Help America Vote Act of 2002, as added by section 

11 3, is amended by adding at the end the following 

12 new section: 

13 ‘‘SEC. 322. USE OF DOMESTIC DOWNLOADABLE AND PRINT14 ABLE ABSENTEE BALLOT. 

15 ‘‘(a) STATE REQUIREMENT.— 

16 ‘‘(1) IN GENERAL.—Each State shall permit 

17 qualified individuals to use a downloadable and 

18 printable absentee ballot prescribed by the Election 

19 Assistance Commission under section 297 to cast a 

20 vote in any election for Federal office. 

21 ‘‘(2) REQUIREMENTS.—Such downloadable and 

22 printable absentee ballots— 


jbell on DSKJLSW7X2PROD with BILLS
25 

•S 4033 IS

1 ‘‘(A) must comply with the language re2 quirements under section 203 of the Voting 

3 Rights Act of 1965 (52 U.S.C. 10503); and 

4 ‘‘(B) must comply with the disability re5 quirements under section 508 of the Rehabilita6 tion Act of 1973 (29 U.S.C. 794d). 

7 ‘‘(b) QUALIFIED INDIVIDUAL.—For purposes of this 

8 section: 

9 ‘‘(1) IN GENERAL.—Except as provided in para10 graph (2), the term ‘qualified individual’ means any 

11 individual who is otherwise qualified to vote in an 

12 election for Federal office and who— 

13 ‘‘(A)(i) has requested an absentee ballot 

14 from the State or jurisdiction where such indi15 vidual is registered to vote; and 

16 ‘‘(ii) has not received such absentee ballot 

17 at least 2 days before the date of the election; 

18 ‘‘(B)(i) resides in an area of a State with 

19 respect to which an emergency or public health 

20 emergency has been declared by the Governor 

21 or chief government official of the State or chief 

22 government official of an area, 5 days or less 

23 before election day under the laws of the State 

24 due to reasons including, but not limited to— 


jbell on DSKJLSW7X2PROD with BILLS
26 

•S 4033 IS

1 ‘‘(I) a natural disaster, including se2 vere weather; or 

3 ‘‘(II) an infectious disease; and 

4 ‘‘(ii) has not requested an absentee ballot; 

5 ‘‘(C) expects to be absent from such indi6 vidual’s jurisdiction on the day of the election 

7 for Federal office due to professional or volun8 teer service in response to a natural disaster or 

9 emergency as so declared; 

10 ‘‘(D) is hospitalized or expects to be hos11 pitalized on the day of the election for Federal 

12 office; or 

13 ‘‘(E) is an individual with a disability (as 

14 defined in section 3 of the Americans with Dis15 abilities Act of 1990 (42 U.S.C. 12102)) and 

16 resides in a State which does not offer voters 

17 the ability to use secure and accessible remote 

18 ballot marking. 

19 For purposes of subparagraph (E), a State shall 

20 permit an individual to self-certify that the indi21 vidual is an individual with a disability. 

22 ‘‘(2) COORDINATION WITH FEDERAL WRITE-IN

23 BALLOT FOR ABSENT UNIFORMED SERVICES AND

24 OVERSEAS VOTERS.—The term ‘qualified individual’ 

25 shall not include an individual who— 


jbell on DSKJLSW7X2PROD with BILLS
27 

•S 4033 IS

1 ‘‘(A) is an absent uniformed services voter 

2 (as defined in section 107(1) of the Uniformed 

3 and Overseas Citizens Absentee Voting Act (52 

4 U.S.C. 20310(1))) or an overseas voter (as de5 fined in section 107(5) of such Act (52 U.S.C. 

6 20310(5))); and 

7 ‘‘(B) who is entitled to vote using the Fed8 eral write-in absentee ballot developed under 

9 section 103 of such Act (52 U.S.C. 20303). 

10 ‘‘(c) SUBMISSION AND PROCESSING.— 

11 ‘‘(1) IN GENERAL.—Except as otherwise pro12 vided in this section, a domestic downloadable and 

13 printable absentee ballot to which this section ap14 plies shall be submitted and processed in the manner 

15 provided by law for absentee ballots in the State in16 volved. 

17 ‘‘(2) DEADLINE.—An otherwise eligible national 

18 Federal write-in absentee ballot to which this section 

19 applies shall be counted— 

20 ‘‘(A) if it is postmarked, signed, or other21 wise indicated by the United States Postal 

22 Service to have been mailed on or before the 

23 close of polls on the date of the election; and 


jbell on DSKJLSW7X2PROD with BILLS
28 

•S 4033 IS

1 ‘‘(B) received by the appropriate State 

2 election official on or before the date that is 10 

3 days after the date of such election. 

4 ‘‘(d) SPECIAL RULES.—The following rules shall 

5 apply with respect to domestic printable and downloadable 

6 absentee ballots to which this section applies: 

7 ‘‘(1) In completing the ballot, the voter may 

8 designate a candidate by writing in the name of the 

9 candidate or by writing in the name of a political 

10 party (in which case the ballot shall be counted for 

11 the candidate of that political party). 

12 ‘‘(2) In the case of the offices of President and 

13 Vice President, a vote for a named candidate or a 

14 vote by writing in the name of a political party shall 

15 be counted as a vote for the electors supporting the 

16 candidate involved. 

17 ‘‘(3) Any abbreviation, misspelling, or other 

18 minor variation in the form of the name of a can19 didate or a political party shall be disregarded in de20 termining the validity of the ballot. 

21 ‘‘(e) PROHIBITING REFUSAL TO ACCEPT BALLOT

22 FOR FAILURE TO MEET CERTAIN REQUIREMENTS.—A 

23 State shall not refuse to accept and process any otherwise 

24 valid Federal write-in absentee ballot submitted in any 


jbell on DSKJLSW7X2PROD with BILLS
29 

•S 4033 IS

1 manner by a qualified individual solely on the basis of the 

2 following: 

3 ‘‘(1) Notarization and witness signature re4 quirements. 

5 ‘‘(2) Restrictions on paper type, including 

6 weight and size. 

7 ‘‘(3) Restrictions on envelope type, including 

8 weight and size. 

9 ‘‘(f) STATE.—For purposes of this section, the term 

10 ‘State’ includes the District of Columbia, the Common11 wealth of Puerto Rico, Guam, American Samoa, the 

12 United States Virgin Islands, and the Commonwealth of 

13 the Northern Mariana Islands. 

14 ‘‘(g) EFFECTIVE DATE.—Each State shall be re15 quired to comply with the requirements of this section on 

16 and after January 1, 2022.’’. 

17 (2) CLERICAL AMENDMENT.—The table of con18 tents for such Act is amended by inserting after the 

19 item relating to section 321, as added by section 3, 

20 the following: 

‘‘Sec. 322. Use of domestic downloadable and printable absentee ballot.’’. 

21 (b) FORM OF DOMESTIC PRINTABLE AND

22 DOWNLOADABLE ABSENTEE BALLOT.— 

23 (1) IN GENERAL.—Title II of the Help America 

24 Vote Act of 2002 (52 U.S.C. 20921) is amended by 

25 adding at the end the following new subtitle: 


jbell on DSKJLSW7X2PROD with BILLS
30 

•S 4033 IS

1 ‘‘PART VII—DOWNLOADABLE AND PRINTABLE 

2 ABSENTEE BALLOT FOR DOMESTIC USE 

3 ‘‘SEC. 297. DOWNLOADABLE AND PRINTABLE ABSENTEE 

4 BALLOT FOR DOMESTIC USE. 

5 ‘‘(a) FORM OF BALLOT.— 

6 ‘‘(1) IN GENERAL.—The Commission shall pre7 scribe a domestic downloadable and printable ballot 

8 (including a secrecy envelope and mailing envelope 

9 for such ballot) for use in elections for Federal office 

10 by qualified individuals (as defined in section 

11 322(b)). 

12 ‘‘(2) AFFIRMATION.—The ballot prescribed 

13 under paragraph (1) shall contain an affirmation, 

14 signed by the person submitting the ballot, that— 

15 ‘‘(A) such individual is a qualified indi16 vidual (as defined in section 322(b)); 

17 ‘‘(B) such individual has not and will not 

18 cast another ballot with respect to the election 

19 for which the domestic downloadable and print20 able absentee ballot is cast; and 

21 ‘‘(C) acknowledging that a material 

22 misstatement of fact in completing the ballot 

23 may constitute grounds for conviction of per24 jury. 


jbell on DSKJLSW7X2PROD with BILLS
31 

•S 4033 IS

1 ‘‘(b) AVAILABILITY.—The Commission shall make 

2 the domestic downloadable and printable absentee ballot 

3 available on the internet in a printable format.’’. 

4 ‘‘(c) REQUIREMENTS.—The domestic downloadable 

5 and printable absentee ballot shall be compliant with sec6 tion 508 of the Rehabilitation Act of 1973 (29 U.S.C. 

7 794d) and shall not transmit the information completed 

8 by a voter over the internet.’’. 

9 (2) CONFORMING AMENDMENTS.— 

10 (A) Section 202 of the Help America Vote 

11 Act of 2002 (52 U.S.C. 20922) is amended by 

12 redesignating paragraphs (5) and (6) as para13 graphs (6) and (7), respectively, and by insert14 ing after paragraph (4) the following new para15 graph: 

16 ‘‘(5) carrying out the duties described in part 

17 VII (relating to downloadable and printable absentee 

18 ballot for domestic use);’’. 

19 (B) The table of contents for such Act is 

20 amended by inserting after the item related to 

21 section 296 the following: 

‘‘PART VII—DOWNLOADABLE AND PRINTABLE ABSENTEE BALLOT FOR

DOMESTIC USE

‘‘Sec. 297. Downloadable and printable absentee ballot for domestic use.’’. 


jbell on DSKJLSW7X2PROD with BILLS
32 

•S 4033 IS

1 SEC. 6. REQUIREMENT FOR PREPAID RETURN ENVELOPES 

2 FOR ABSENTEE BALLOTS; USE OF INTEL3 LIGENT MAIL BARCODE. 

4 (a) IN GENERAL.—Subtitle C of title III of the Help 

5 America Vote Act of 2002, as added by section 3 and 

6 amended by section 5, is amended by adding at the end 

7 the following new section: 

8 ‘‘SEC. 323. USE OF PREPAID SELF-SEALING RETURN ENVE9 LOPES. 

10 ‘‘(a) IN GENERAL.—Each State and local jurisdiction 

11 shall provide with any voter registration application, ab12 sentee ballot application, or blank absentee ballot sent by 

13 mail a self-sealing return envelope, where possible, with 

14 prepaid postage or subject to an arrangement whereby the 

15 State will reimburse the United States Postal Service for 

16 the postage of any such return envelope that is sent by 

17 mail. 

18 ‘‘(b) USE OF INTELLIGENT MAIL BARCODE FOR THE

19 2020 GENERAL ELECTION AND UNTIL BALLOTING MA20 TERIALS STATUS UPDATE SERVICE IMPLEMENTED.—For 

21 the 2020 general election and subsequent elections for 

22 Federal office (until such time as a State implements a 

23 balloting materials status update service which meets the 

24 requirements described in section 7(a)(2) of the Natural 

25 Disaster and Emergency Ballot Act of 2020), unless a 

26 State or jurisdiction has developed a system that enables 


jbell on DSKJLSW7X2PROD with BILLS
33 

•S 4033 IS

1 voters to track their absentee ballot through the mail, each 

2 State and jurisdiction shall provide with each absentee bal3 lot sent by mail a self-sealing return envelope pursuant 

4 to subsection (a) that contains an Intelligent Mail barcode 

5 as prescribed by the United States Postal Service. 

6 ‘‘(c) STATE.—For purposes of this section, the term 

7 ‘State’ includes the District of Columbia, the Common8 wealth of Puerto Rico, Guam, American Samoa, the 

9 United States Virgin Islands, and the Commonwealth of 

10 the Northern Mariana Islands. 

11 ‘‘(d) EFFECTIVE DATE.—The requirements of this 

12 section shall apply to materials sent by States and local 

13 jurisdictions after the date that is 60 days after the date 

14 of the enactment of this Act.’’. 

15 (b) CLERICAL AMENDMENT.—The table of contents 

16 of such Act is amended by inserting after the item relating 

17 to section 322, as added by section 5, the following new 

18 item: 

‘‘Sec. 323. Use of prepaid self-sealing return envelopes.’’. 

19 SEC. 7. DEVELOPMENT OF A SECURE FEDERAL PORTAL TO 

20 ALLOW ELECTION OFFICIALS TO PROVIDE 

21 VOTERS WITH UPDATES ON THEIR BALLOTS. 

22 (a) BALLOTING MATERIALS STATUS UPDATE SERV23 ICE.— 

24 (1) IN GENERAL.—Not later than January 1, 

25 2024, the Director of the Cybersecurity and InfraVerDate Sep 11 2014 20:57 Jul 08, 2020 Jkt 099200 PO 00000 Frm 00033 Fmt 6652 Sfmt 6201 E:\BILLS\S4033.IS S4033

jbell on DSKJLSW7X2PROD with BILLS
34 

•S 4033 IS

1 structure Security Agency, in consultation with the 

2 Chair of the Election Assistance Commission, the 

3 Postmaster General, the Director of the General 

4 Services Administration, the Presidential designee, 

5 and State election officials, shall establish a balloting 

6 materials status update service to be used by States 

7 and local jurisdictions to inform voters on the status 

8 of voter registration applications, absentee ballot ap9 plications, and absentee ballots. 

10 (2) INFORMATION TRACKED.—The balloting 

11 materials status update service established under 

12 paragraph (1) shall provide to a voter the following 

13 information with respect to that voter: 

14 (A) In the case of balloting materials sent 

15 by mail, tracking information from the United 

16 States Post Office and the Presidential designee 

17 on balloting materials sent to the voter and, to 

18 the extent feasible, returned by the voter. 

19 (B) The date on which any request by the 

20 voter for an application for voter registration or 

21 an absentee ballot was received. 

22 (C) The date on which any such requested 

23 application was sent to the voter. 


jbell on DSKJLSW7X2PROD with BILLS
35 

•S 4033 IS

1 (D) The date on which any such completed 

2 application was received from the voter and the 

3 status of such application. 

4 (E) The date on which any absentee ballot 

5 was sent to the voter. 

6 (F) The date on which any absentee ballot 

7 was received by the voter. 

8 (G) The date on which the post office proc9 esses the absentee ballot. 

10 (H) The date on which post office deliv11 ered the absentee ballot to the election office. 

12 (I) Whether such ballot was accepted and 

13 counted, and in the case of any ballot not 

14 counted, the reason why the ballot was not 

15 counted. 

16 (3) METHOD OF PROVIDING INFORMATION.— 

17 The balloting materials status update service estab18 lished under paragraph (1) shall allow voters the op19 tion to receive the information described in para20 graph (2) through email (or other electronic means) 

21 or through the mail. 

22 (4) PROHIBITION ON FEES.—The Director may 

23 not charge any fee to a State or jurisdiction for use 

24 of the balloting materials status update service in 

25 connection with any Federal, State, or local election. 


jbell on DSKJLSW7X2PROD with BILLS
36 

•S 4033 IS

1 (5) AUTHORIZATION OF APPROPRIATIONS.— 

2 There are authorized to be appropriated to the Di3 rector such sums as are necessary for purposes of 

4 carrying out this subsection. 

5 (b) REQUIRED USE FOR ABSENT UNIFORMED SERV6 ICE VOTERS AND OVERSEAS VOTERS.— 

7 (1) IN GENERAL.—Section 102(a) of the Uni8 formed and Overseas Citizens Absentee Voting Act 

9 (52 U.S.C. 20302(a)), as amended by section 4(b), 

10 is amended by striking ‘‘and’’ at the end of para11 graph (11), by striking the period at the end of 

12 paragraph (12) and inserting ‘‘; and’’, and by add13 ing at the end the following new paragraph: 

14 ‘‘(13) use the balloting materials status update 

15 service developed under section 7(a) of the Natural 

16 Disaster and Emergency Ballot Act of 2020 to in17 form absent uniformed services voters and overseas 

18 voters on the status of voter registration applica19 tions, absentee ballot applications, and absentee bal20 lots used in elections for Federal office.’’. 

21 (2) CONFORMING AMENDMENT.—Section 102 

22 of such Act (52 U.S.C. 20302) is amended by strik23 ing subsection (h). 

24 (3) EFFECTIVE DATE.—The amendments made 

25 by this subsection shall apply to elections for FedVerDate Sep 11 2014 20:57 Jul 08, 2020 Jkt 099200 PO 00000 Frm 00036 Fmt 6652 Sfmt 6201 E:\BILLS\S4033.IS S4033

jbell on DSKJLSW7X2PROD with BILLS
37 

•S 4033 IS

1 eral office occurring after the date that is 1 year 

2 after the date on which the Director of the Cyberse3 curity and Infrastructure Security Agency certifies 

4 that the service described in subsection (a) is oper5 ational. 

6 (c) REQUIRED USE UNDER HELP AMERICA VOTE

7 ACT.— 

8 (1) IN GENERAL.—Section 321(a) of the Help 

9 American Vote Act of 2002, as added by section 3, 

10 is amended by striking ‘‘and’’ at the end of para11 graph (3), by striking the period at the end of para12 graph (4) and inserting ‘‘; and’’, and by adding at 

13 the end the following new paragraph: 

14 ‘‘(5) use the balloting materials status update 

15 service developed under section 7(a) of the Natural 

16 Disaster and Emergency Ballot Act of 2020 to pro17 vide eligible voters and qualified individuals (as de18 fined in section 322(b) of this Act) information re19 garding the status of voter registration applications, 

20 absentee ballot applications, and absentee ballots 

21 used in elections for Federal office, except that any 

22 State or jurisdiction which has developed a balloting 

23 materials status update system which meets the re24 quirements of paragraph (2) of such section 7(a) 


jbell on DSKJLSW7X2PROD with BILLS
38 

•S 4033 IS

1 (relating to information tracked) may continue to 

2 use such system.’’. 

3 (2) EFFECTIVE DATE.—The amendments made 

4 by this subsection shall apply to elections for Fed5 eral office occurring after the date that is 1 year 

6 after the date on which the Director of the Cyberse7 curity and Infrastructure Security Agency certifies 

8 that the service described in subsection (a) is oper9 ational. 

10 (d) AVAILABILITY TO DEPARTMENT OF DEFENSE.— 

11 The Cybersecurity and Infrastructure Security Agency 

12 may make the balloting materials status update service 

13 available to the Department of Defense to administer and 

14 implement to absent uniformed services voters and over15 seas voters pursuant to the Uniformed Overseas and Citi16 zens Absentee Voting Act (52 U.S.C. 20301 et seq.). 

17 (e) REIMBURSEMENTS TO STATES.— 

18 (1) FOR USE WITH RESPECT TO BALLOTING

19 MATERIALS OF ABSENT UNIFORMED SERVICE VOT20 ERS AND OVERSEAS VOTERS.— 

21 (A) IN GENERAL.—The Uniformed and 

22 Overseas Citizens Absentee Voting Act (52 

23 U.S.C. 20301 et seq.) is amended by inserting 

24 after section 103C, as added by section 4(a), 

25 the following new section: 


jbell on DSKJLSW7X2PROD with BILLS
39 

•S 4033 IS

1 ‘‘SEC. 103D. REIMBURSEMENTS FOR USE OF BALLOTING 

2 MATERIALS STATUS UPDATE SERVICE. 

3 ‘‘(a) IN GENERAL.—The Presidential designee shall 

4 make payments to each State and local jurisdiction equal 

5 to the costs to the State or local jurisdiction of using the 

6 balloting materials status update service under section 

7 7(a) of the Natural Disaster and Emergency Ballot Act 

8 of 2020 with respect to balloting materials of absent uni9 formed services and overseas voters. 

10 ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There 

11 are authorized to be appropriated to the Presidential des12 ignee such sums as are necessary for carrying out this sec13 tion, to remain available without fiscal year limitation.’’. 

14 (B) CONFORMING AMENDMENT.—Section 

15 101(b) of the Uniformed and Overseas Citizens 

16 Absentee Voting Act (52 U.S.C. 20301(b)) is 

17 amended by striking ‘‘and’’ at the end of para18 graph (10), by striking the period at the end of 

19 paragraph (11) and inserting ‘‘; and’’, and by 

20 adding at the end the following new paragraph: 

21 ‘‘(12) make payments to States in accordance 

22 with section 103D.’’. 

23 (C) CLERICAL AMENDMENT.—The table of 

24 contents of such Act is amended by inserting 

25 after the item relating to section 103, as added 

26 by section 4(c), the following new item: 


jbell on DSKJLSW7X2PROD with BILLS
40 

•S 4033 IS

‘‘Sec. 103D. Reimbursements for use of balloting materials status update service.’’. 

1 (2) FOR USE WITH RESPECT TO BALLOTING

2 MATERIALS OF DOMESTIC VOTERS.— 

3 (A) IN GENERAL.—Subtitle D of title II of 

4 the Help America Vote Act of 2002 (52 U.S.C. 

5 21001 et seq.), as amended by section 5(b), is 

6 amended by adding at the end the following: 

7 ‘‘PART VIII—REIMBURSEMENTS FOR USE OF BAL8 LOTING MATERIALS STATUS UPDATE SERV9 ICE 

10 ‘‘SEC. 298. REIMBURSEMENTS FOR USE OF BALLOTING MA11 TERIALS STATUS UPDATE SERVICE. 

12 ‘‘(a) IN GENERAL.—The Commission shall make pay13 ments to each State and local jurisdiction equal to the 

14 costs to the State or local jurisdiction of using the ballot 

15 material update service under section 7(a) of the Natural 

16 Disaster and Emergency Ballot Act of 2020 with respect 

17 to balloting materials of voters (other than balloting mate18 rials of absent uniformed services and overseas voters for 

19 which the State is eligible for payment under section 103D 

20 of the Uniformed and Overseas Citizens Absentee Voting 

21 Act) for which States or jurisdictions elect to use such 

22 tracking service. 

23 ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There 

24 are authorized to be appropriated to the Commission such 


jbell on DSKJLSW7X2PROD with BILLS
41 

•S 4033 IS

1 sums as are necessary for carrying out this section, to re2 main available without fiscal year limitation.’’. 

3 (B) CONFORMING AMENDMENTS.— 

4 (i) Section 202 of the Help America 

5 Vote Act of 2002 (52 U.S.C. 20922), as 

6 amended by section 5(b), is amended by 

7 redesignating paragraphs (6) and (7) as 

8 paragraphs (7) and (8), respectively, and 

9 by inserting after paragraph (5) the fol10 lowing new paragraph: 

11 ‘‘(6) carrying out the duties described in part 

12 VIII (relating to balloting materials status update 

13 reimbursements);’’. 

14 (ii) The table of contents for such Act 

15 is amended by inserting after the item re16 lated to section 297 the following: 

‘‘PART VIII—REIMBURSEMENTS FOR USE OF BALLOTING MATERIALS

STATUS UPDATE SERVICE

‘‘Sec. 298. Reimbursements for use of balloting materials status update service.’’. 

17 SEC. 8. NOTICE AND CURE PROCESS REQUIRED FOR MIS18 MATCHED SIGNATURES ON MAIL-IN AND 

19 PROVISIONAL BALLOTS. 

20 (a) IN GENERAL.—Subtitle C of title III of the Help 

21 America Vote Act of 2002, as added by section 3 and 

22 amended by sections 5 and 6, is amended by adding at 

23 the end the following new section: 


jbell on DSKJLSW7X2PROD with BILLS
42 

•S 4033 IS

1 ‘‘SEC. 324. SIGNATURE MISMATCH ON BALLOT SUBMITTED 

2 BY MAIL OR PROVISIONAL BALLOT. 

3 ‘‘(a) COVERED STATE DEFINED.— 

4 ‘‘(1) IN GENERAL.—Subject to paragraph (2), 

5 in this section, the term ‘covered State’ means a 

6 State in which, under State law, a ballot submitted 

7 by mail or a provisional ballot is not counted as a 

8 vote in an election for Federal office unless the State 

9 verifies the signature of the individual who sub10 mitted such ballot by comparing the signature on 

11 the envelope containing such ballot or a document 

12 accompanying such ballot and the signature of such 

13 individual on the official list of registered voters in 

14 the State or other official record, or other document. 

15 ‘‘(2) EXCEPTION FOR CERTAIN STATES.—Such 

16 term shall not include a State which conducted a 

17 Federal election entirely through vote by mail prior 

18 to 2020. 

19 ‘‘(b) NOTICE REQUIRED.— 

20 ‘‘(1) IN GENERAL.—If an individual submits a 

21 ballot by mail or a provisional ballot in an election 

22 for Federal office in a covered State, and the appro23 priate State or local election official determines that 

24 a discrepancy exists between the signature on the 

25 envelope containing such ballot or a document ac26 companying such ballot used to verify the signature 


jbell on DSKJLSW7X2PROD with BILLS
43 

•S 4033 IS

1 and the signature of such individual on the official 

2 list of registered voters in the State or other official 

3 record, or other document used by the State to 

4 verify the signatures of voters, such election official, 

5 prior to making a final determination as to the va6 lidity of such ballot, shall make a good faith effort 

7 to immediately notify such individual that— 

8 ‘‘(A) a discrepancy exists between the sig9 nature on the envelope containing such ballot or 

10 a document accompanying such ballot used to 

11 verify the signature and the signature of such 

12 individual on the official list of registered voters 

13 in the State or other official record, or other 

14 document used by the State to verify the signa15 tures of voters; 

16 ‘‘(B) such individual may provide informa17 tion to cure such discrepancy in accordance 

18 with the procedures established pursuant to 

19 subsection (c)(1)(A); and 

20 ‘‘(C) if such discrepancy is not cured, such 

21 ballot will not be counted. 

22 ‘‘(2) FORM OF NOTICE.—An election official 

23 shall provide the notice required by paragraph (1) 

24 within 10 calendar days of the determination that a 


jbell on DSKJLSW7X2PROD with BILLS
44 

•S 4033 IS

1 discrepancy exists by mail and at least one of the 

2 following methods: 

3 ‘‘(A) Phone. 

4 ‘‘(B) Electronic mail. 

5 ‘‘(C) Text message. 

6 ‘‘(3) NO EFFECT ON OTHER NOTICE REQUIRE7 MENTS RELATED TO PROVISIONAL BALLOTS.—In the 

8 case of an individual who submits a provisional bal9 lot, the requirements of this subsection shall be in 

10 addition to the requirements applicable to such an 

11 individual under section 302(a). 

12 ‘‘(c) OPPORTUNITY TO CURE.— 

13 ‘‘(1) ESTABLISHMENT OF PROCEDURES.—A 

14 covered State shall establish uniform and non-dis15 criminatory procedures— 

16 ‘‘(A) to allow an individual to whom notice 

17 is provided under subsection (b)— 

18 ‘‘(i) to provide confirmation or infor19 mation to cure the discrepancy described in 

20 subsection (b)(1) through the same form in 

21 which the notice is provided pursuant to 

22 subsection (b)(1); and 

23 ‘‘(ii) if such confirmation or informa24 tion is rejected, to appeal the rejection; 


jbell on DSKJLSW7X2PROD with BILLS
45 

•S 4033 IS

1 ‘‘(B) that require that voters whose ballots 

2 are returned without signatures be notified and 

3 given an opportunity to provide a missing sig4 nature on a form proscribed by the State; and 

5 ‘‘(C) prior to the date of final certification 

6 of ballots in the election by such State, to pro7 vide such individual a final determination as to 

8 the validity of the ballot and whether the indi9 viduals ballot was counted in the election. 

10 ‘‘(2) DEADLINE.—A voter has at least 10 cal11 endar days following the date on which the notice re12 quired under subsection (b) is given or until the day 

13 before certification of election results, whichever is 

14 later, to provide confirmation that the signature in 

15 question is their genuine signature. This confirma16 tion can be provided orally, in writing, or electroni17 cally, including through any of the forms described 

18 in subsection (b)(2). No separate oath or affirmation 

19 is required. 

20 ‘‘(3) COUNTING OF VOTE.— 

21 ‘‘(A) IN GENERAL.—A final determination 

22 with respect to the validity of a ballot in the 

23 case of a signature mismatch under this section 

24 shall be made by three election officials, at least 

25 one of whom is of an opposing party and, unVerDate Sep 11 2014 20:57 Jul 08, 2020 Jkt 099200 PO 00000 Frm 00045 Fmt 6652 Sfmt 6201 E:\BILLS\S4033.IS S4033

jbell on DSKJLSW7X2PROD with BILLS
46 

•S 4033 IS

1 less such election officials determine, taking 

2 into account any conformation or information 

3 provided under the procedures established pur4 suant to paragraph (1)(A), through a unani5 mous vote and beyond a reasonable doubt that 

6 the ballot is not valid, such ballot shall be 

7 counted as a vote in that election. 

8 ‘‘(B) TRAINING REQUIREMENT.—Election 

9 officials making such determinations must have 

10 completed training on signature verification. 

11 ‘‘(d) REPORT.— 

12 ‘‘(1) IN GENERAL.—Not later than 120 days 

13 after the end of a Federal election cycle, each chief 

14 State election official in a covered State shall submit 

15 to Congress a report containing the following infor16 mation for the applicable Federal election cycle in 

17 the State: 

18 ‘‘(A) The number of ballots invalidated due 

19 to a discrepancy under this section. 

20 ‘‘(B) Description of attempts to contact 

21 voters to provide notice as required by this sec22 tion. 

23 ‘‘(C) Description of the cure process devel24 oped by such State pursuant to this section, inVerDate Sep 11 2014 20:57 Jul 08, 2020 Jkt 099200 PO 00000 Frm 00046 Fmt 6652 Sfmt 6201 E:\BILLS\S4033.IS S4033

jbell on DSKJLSW7X2PROD with BILLS
47 

•S 4033 IS

1 cluding the number of ballots determined valid 

2 as a result of such process. 

3 ‘‘(2) FEDERAL ELECTION CYCLE DEFINED.— 

4 For purposes of this subsection, the term ‘Federal 

5 For election cycle’ means the period beginning on 

6 January 1 of any odd numbered year and ending on 

7 December 31 of the following year. 

8 ‘‘(e) EFFECTIVE DATE.—This section shall apply 

9 with respect to the general election for Federal office held 

10 in 2020 and any subsequent election for Federal office.’’. 

11 (b) CLERICAL AMENDMENT.—The table of contents 

12 of such Act is amended by inserting after the item relating 

13 to section 323, as added by section 6, the following new 

14 item: 

‘‘Sec. 324. Signature mismatch on ballot submitted by mail or provisional ballot.’’. 

15 SEC. 9. REQUIREMENT FOR ACCEPTANCE OF VOTER REG16 ISTRATION APPLICATIONS. 

17 (a) IN GENERAL.—Subtitle C of title III of the Help 

18 America Vote Act of 2002, as added by section 3 and 

19 amended by sections 5, 6, and 8, is amended by adding 

20 at the end the following new section: 

21 ‘‘SEC. 325. ACCEPTANCE OF VOTER REGISTRATION APPLI22 CATIONS. 

23 ‘‘(a) REQUIREMENTS FOR VOTER REGISTRATION AP24 PLICATIONS.—Each State and local jurisdiction shall— 


jbell on DSKJLSW7X2PROD with BILLS
48 

•S 4033 IS

1 ‘‘(1) make available an online voter registration 

2 application, which requirement is satisfied if the 

3 local, county, or State election official’s website al4 lows a voter registration application to be completed 

5 and submitted online; 

6 ‘‘(2) accept and process any voter registration 

7 applications submitted in person, by mail, or online 

8 at least 21 days prior to the date of an election for 

9 Federal office, except nothing this paragraph shall 

10 preclude a State or local jurisdiction from allowing 

11 for the acceptance and processing of voter registra12 tion applications submitted or received after such re13 quired period; and 

14 ‘‘(3) ensure that any voter registration applica15 tions provided by the State permit the voter, at the 

16 time of submitting the application, to register to 

17 vote by mail in accordance with the requirements 

18 under section 321(c). 

19 ‘‘(b) EXCEPTION.—This section shall not apply with 

20 respect to any State or local jurisdiction that allows— 

21 ‘‘(1) voter registration during early voting; or 

22 ‘‘(2) same day voter registration. 

23 ‘‘(c) EFFECTIVE DATE.—This section shall apply be24 ginning on the date that is 60 days after the date of enactVerDate Sep 11 2014 20:57 Jul 08, 2020 Jkt 099200 PO 00000 Frm 00048 Fmt 6652 Sfmt 6201 E:\BILLS\S4033.IS S4033

jbell on DSKJLSW7X2PROD with BILLS
49 

•S 4033 IS

1 ment of the Natural Disaster and Emergency Ballot Act 

2 of 2020.’’. 

3 (b) CLERICAL AMENDMENT.—The table of contents 

4 of such Act is amended by inserting after the item relating 

5 to section 324, as added by section 8, the following new 

6 item: 

‘‘Sec. 325. Acceptance of voter registration applications.’’. 

7 SEC. 10. ACCOMMODATIONS FOR VOTERS RESIDING IN IN8 DIAN LANDS. 

9 (a) ACCOMMODATIONS.— 

10 (1) IN GENERAL.—The following requirements 

11 shall apply with respect to the general election for 

12 Federal office held in 2020 and any subsequent elec13 tion for Federal office: 

14 (A) Given the widespread lack of residen15 tial mail delivery in Indian Country, an Indian 

16 Tribe may designate buildings as ballot pickup 

17 and collection locations at no cost to the Indian 

18 Tribe. An Indian Tribe may designate one 

19 building per precinct located within Indian 

20 lands. The applicable State or political subdivi21 sion shall collect ballots from those locations. 

22 The applicable State or political subdivision 

23 shall provide the Indian Tribe with accurate 

24 precinct maps for all precincts located within 

25 Indian lands 60 days before any election. 


jbell on DSKJLSW7X2PROD with BILLS
50 

•S 4033 IS

1 (B) The State or political subdivision shall 

2 provide mail-in and absentee ballots to each 

3 registered voter residing on Indian lands in the 

4 State or political subdivision without requiring 

5 a residential address or a mail-in or absentee 

6 ballot request. 

7 (C) The address of a designated building 

8 that is a ballot pickup and collection location 

9 may serve as the residential address and mail10 ing address for voters living on Indian lands if 

11 the tribally designated building is in the same 

12 precinct as that voter. If there is no tribally 

13 designated building within a voter’s precinct, 

14 the voter may use another tribally designated 

15 building within the Indian lands where the 

16 voter is located. Voters using a tribally des17 ignated building outside of the voter’s precinct 

18 may use the tribally designated building as a 

19 mailing address and may separately designate 

20 the voter’s appropriate precinct through a de21 scription of the voter’s address, as specified in 

22 section 9428.4(a)(2) of title 11, Code of Fed23 eral Regulations. 

24 (D) In the case of a State or political sub25 division that is a covered State or political subVerDate Sep 11 2014 20:57 Jul 08, 2020 Jkt 099200 PO 00000 Frm 00050 Fmt 6652 Sfmt 6201 E:\BILLS\S4033.IS S4033

jbell on DSKJLSW7X2PROD with BILLS
51 

•S 4033 IS

1 division under section 203 of the Voting Rights 

2 Act of 1965 (52 U.S.C. 10503), that State or 

3 political subdivision shall provide absentee or 

4 mail-in voting materials in the language of the 

5 applicable minority group as well as in the 

6 English language, bilingual election voting as7 sistance, and written translations of all voting 

8 materials in the language of the applicable mi9 nority group, as required by section 203 of the 

10 Voting Rights Act of 1965 (52 U.S.C. 10503) 

11 as amended by subsection (b). 

12 (2) CLARIFICATION.—Nothing in this section 

13 alters the ability of an individual voter residing on 

14 Indian lands to request a ballot in a manner avail15 able to all other voters in the State. 

16 (3) DEFINITIONS.—In this section: 

17 (A) INDIAN.—The term ‘‘Indian’’ has the 

18 meaning given the term in section 4 of the In19 dian Self-Determination and Education Assist20 ance Act (25 U.S.C. 5304). 

21 (B) INDIAN LANDS.—The term ‘‘Indian 

22 lands’’ includes— 

23 (i) any Indian country of an Indian 

24 Tribe, as defined under section 1151 of 

25 title 18, United States Code; 


jbell on DSKJLSW7X2PROD with BILLS
52 

•S 4033 IS

1 (ii) any land in Alaska owned, pursu2 ant to the Alaska Native Claims Settle3 ment Act (43 U.S.C. 1601 et seq.), by an 

4 Indian Tribe that is a Native village (as 

5 defined in section 3 of that Act (43 U.S.C. 

6 1602)) or by a Village Corporation that is 

7 associated with an Indian Tribe (as de8 fined in section 3 of that Act (43 U.S.C. 

9 1602)); 

10 (iii) any land on which the seat of the 

11 Tribal Government is located; and 

12 (iv) any land that is part or all of a 

13 Tribal designated statistical area associ14 ated with an Indian Tribe, or is part or all 

15 of an Alaska Native village statistical area 

16 associated with an Indian Tribe, as defined 

17 by the Census Bureau for the purposes of 

18 the most recent decennial census. 

19 (C) INDIAN TRIBE.—The term ‘‘Indian 

20 Tribe’’ has the meaning given the term ‘‘Indian 

21 tribe’’ in section 4 of the Indian Self-Deter22 mination and Education Assistance Act (25 

23 U.S.C. 5304). 


jbell on DSKJLSW7X2PROD with BILLS
53 

•S 4033 IS

1 (D) TRIBAL GOVERNMENT.—The term 

2 ‘‘Tribal Government’’ means the recognized 

3 governing body of an Indian Tribe. 

4 (4) ENFORCEMENT.— 

5 (A) ATTORNEYGGENERAL.—The Attorney 

6 General may bring a civil action in an appro7 priate district court for such declaratory or in8 junctive relief as is necessary to carry out this 

9 subsection. 

10 (B) PRIVATE RIGHT OF ACTION.— 

11 (i) A person or Tribal Government 

12 who is aggrieved by a violation of this sub13 section may provide written notice of the 

14 violation to the chief election official of the 

15 State involved. 

16 (ii) An aggrieved person or Tribal 

17 Government may bring a civil action in an 

18 appropriate district court for declaratory 

19 or injunctive relief with respect to a viola20 tion of this subsection, if— 

21 (I) that person or Tribal Govern22 ment provides the notice described in 

23 clause (i); and 

24 (II)(aa) in the case of a violation 

25 that occurs more than 120 days beVerDate Sep 11 2014 20:57 Jul 08, 2020 Jkt 099200 PO 00000 Frm 00053 Fmt 6652 Sfmt 6201 E:\BILLS\S4033.IS S4033

jbell on DSKJLSW7X2PROD with BILLS
54 

•S 4033 IS

1 fore the date of an election for Fed2 eral office, the violation remains and 

3 90 days or more have passed since the 

4 date on which the chief election offi5 cial of the State receives the notice 

6 under clause (i); or 

7 (bb) in the case of a violation 

8 that occurs 120 days or less before 

9 the date of an election for Federal of10 fice, the violation remains and 20 

11 days or more have passed since the 

12 date on which the chief election offi13 cial of the State receives the notice 

14 under clause (i). 

15 (iii) In the case of a violation of this 

16 section that occurs 30 days or less before 

17 the date of an election for Federal office, 

18 an aggrieved person or Tribal Government 

19 may bring a civil action in an appropriate 

20 district court for declaratory or injunctive 

21 relief with respect to the violation without 

22 providing notice to the chief election offi23 cial of the State under clause (i). 


jbell on DSKJLSW7X2PROD with BILLS
55 

•S 4033 IS

1 (b) BILINGUAL ELECTION REQUIREMENTS.—Section 

2 203 of the Voting Rights Act of 1965 (52 U.S.C. 10503) 

3 is amended— 

4 (1) in subsection (b)(3)(C), by striking ‘‘1990’’ 

5 and inserting ‘‘2010’’; and 

6 (2) by striking subsection (c) and inserting the 

7 following: 

8 ‘‘(c) PROVISION OF VOTING MATERIALS IN THE LAN9 GUAGE OF A MINORITY GROUP.— 

10 ‘‘(1) IN GENERAL.—Whenever any State or po11 litical subdivision subject to the prohibition of sub12 section (b) of this section provides any registration 

13 or voting notices, forms, instructions, assistance, or 

14 other materials or information relating to the elec15 toral process, including ballots, it shall provide them 

16 in the language of the applicable minority group as 

17 well as in the English language. 

18 ‘‘(2) EXCEPTIONS.— 

19 ‘‘(A) IN GENERAL.— 

20 ‘‘(i) In the case of a minority group 

21 that is not American Indian or Alaska Na22 tive and the language of that minority 

23 group is oral or unwritten, the State or po24 litical subdivision shall only be required to 

25 furnish, in the covered language, oral inVerDate Sep 11 2014 20:57 Jul 08, 2020 Jkt 099200 PO 00000 Frm 00055 Fmt 6652 Sfmt 6201 E:\BILLS\S4033.IS S4033

jbell on DSKJLSW7X2PROD with BILLS
56 

•S 4033 IS

1 structions, assistance, translation of voting 

2 materials, or other information relating to 

3 registration and voting. 

4 ‘‘(ii) In the case of a minority group 

5 that is American Indian or Alaska Native, 

6 the State or political subdivision shall only 

7 be required to furnish in the covered lan8 guage oral instructions, assistance, or 

9 other information relating to registration 

10 and voting, including all voting materials, 

11 if the Tribal Government of that minority 

12 group has certified that the language of 

13 the applicable American Indian or Alaska 

14 Native language is presently unwritten or 

15 the Tribal Government does not want writ16 ten translations in the minority language. 

17 ‘‘(3) WRITTEN TRANSLATIONS FOR ELECTION

18 WORKERS.—Notwithstanding paragraph (2), the 

19 State or political division may be required to provide 

20 written translations of voting materials, with the 

21 consent of any applicable Indian Tribe, to election 

22 workers to ensure that the translations from English 

23 to the language of a minority group are complete, 

24 accurate, and uniform.’’. 


jbell on DSKJLSW7X2PROD with BILLS
57 

•S 4033 IS

1 SEC. 11. PAYMENTS TO STATES TO CARRY OUT REQUIRE2 MENTS UNDER NATURAL DISASTER AND 

3 EMERGENCY BALLOT ACT OF 2020 WITH RE4 SPECT TO 2020 GENERAL ELECTION. 

5 (a) IN GENERAL.—Title II of the Help America Vote 

6 Act of 2002 (52 U.S.C. 21001 et seq.), as amended by 

7 section 7(e), is amended by adding at the end the following 

8 new part: 

9 ‘‘PART IX—PAYMENTS TO STATES TO CARRY OUT 

10 REQUIREMENTS UNDER NATURAL DISASTER 

11 AND EMERGENCY BALLOT ACT OF 2020 WITH 

12 RESPECT TO 2020 GENERAL ELECTION 

13 ‘‘SEC. 299. PAYMENTS TO STATES. 

14 ‘‘(a) IN GENERAL.—Not later than 30 days after the 

15 date of the enactment of the Natural Disaster and Emer16 gency Ballot Act of 2020, the Commission shall make a 

17 payment to each State. 

18 ‘‘(b) USE OF FUNDS.— 

19 ‘‘(1) IN GENERAL.—Subject to paragraphs (2) 

20 and (3), a State shall use the funds provided under 

21 a payment under this section— 

22 ‘‘(A) to comply with and implement the 

23 provisions of and amendments made by the 

24 Natural Disaster and Emergency Ballot Act of 

25 2020 with respect to the 2020 general election 

26 occurring on November 3, 2020; and 


jbell on DSKJLSW7X2PROD with BILLS
58 

•S 4033 IS

1 ‘‘(B) to carry out one or more of the fol2 lowing activities with respect to the 2020 gen3 eral election: 

4 ‘‘(i) Establishing and implementing 

5 contingency plans pursuant to section 2 of 

6 the Natural Disaster and Emergency Bal7 lot Act of 2020, including the implementa8 tion of safety requirements pursuant to 

9 subsection (b) of such section and initia10 tives to recruit pollworkers pursuant to 

11 subsection (c) of such section. 

12 ‘‘(ii) Implementing public awareness 

13 and education campaigns and initiatives to 

14 ensure voters are aware of election dates 

15 and election administration practices. 

16 ‘‘(iii) Establishing a system for voters 

17 to submit an online request for an absen18 tee ballot pursuant to section 2(c) of such 

19 Act. 

20 ‘‘(iv) Implementing requirements with 

21 respect to availability of voting prior to 

22 election day pursuant to section 321 of 

23 this Act. 

24 ‘‘(v) Purchasing additional and up25 grading high speed ballot printers, 


jbell on DSKJLSW7X2PROD with BILLS
59 

•S 4033 IS

1 inserters, ballot sorters, envelope extrac2 tors, and scanners to send and process ab3 sentee ballots and purchasing ballot drop 

4 boxes. 

5 ‘‘(vi) The development or purchase, 

6 implementation, and use of technology to 

7 allow election officials to electronically 

8 verify a voter’s signature on a ballot enve9 lope against a voter’s signature on file 

10 without physically handling the envelope, 

11 provided that the technology is not con12 nected to the internet. 

13 ‘‘(vii) Use of downloadable and print14 able ballots by qualified individuals pursu15 ant to section 103C of the Uniformed and 

16 Overseas Citizens Absentee Voting Act. 

17 ‘‘(viii) Developing or purchasing se18 cure accessible remote ballot marking sys19 tems for use by voters with disabilities, 

20 provided that such systems do not cause 

21 the voter’s ballot selections to be trans22 mitted over the internet and do not allow 

23 for the electronic submission of a marked 

24 ballot. 


jbell on DSKJLSW7X2PROD with BILLS
60 

•S 4033 IS

1 ‘‘(ix) Improving the accessibility of 

2 polling locations, early voting locations, 

3 and ballot drop-off boxes. 

4 ‘‘(x) Implementing a curb-side voting 

5 system for voters to cast a ballot safely, 

6 accessibly, and privately. 

7 ‘‘(xi) Providing return envelopes and 

8 the postage associated with such envelopes 

9 pursuant to section 323 of this Act. 

10 ‘‘(xii) Ensuring strong chain of cus11 tody procedures for handling ballots. 

12 ‘‘(xiii) Improving the transparency of 

13 election procedures to the public, including 

14 but not limited to signature verification 

15 procedures, election canvasses, and post16 election auditing. 

17 ‘‘(2) PRIMARY ELECTIONS.—A State may use 

18 such funds— 

19 ‘‘(A) to voluntarily comply with and imple20 ment the provisions of and amendments made 

21 by the Natural Disaster and Emergency Ballot 

22 Act of 2020 with respect to primary elections 

23 held in the State during 2020; 


jbell on DSKJLSW7X2PROD with BILLS
61 

•S 4033 IS

1 ‘‘(B) to carry out one or more of the ac2 tivities described in paragraph (1)(B) with re3 spect to such primary elections; and 

4 ‘‘(C) to reimburse political parties for the 

5 costs of sending absentee ballots and return en6 velopes with prepaid postage to eligible voters 

7 participating in such primary elections. 

8 ‘‘(3) LIMITATION.—A State may not use such 

9 funds for the electronic return of marked ballots by 

10 any voter. 

11 ‘‘(c) AMOUNT OF PAYMENT.— 

12 ‘‘(1) IN GENERAL.—The amount of payment 

13 made to a State under this section shall be the min14 imum payment amount described in paragraph (2) 

15 plus the voting age population proportion amount 

16 described in paragraph (3). 

17 ‘‘(2) MINIMUM PAYMENT AMOUNT.—The min18 imum payment amount described in this paragraph 

19 is— 

20 ‘‘(A) in the case of any of the several 

21 States or the District of Columbia, $5,000,000; 

22 and 

23 ‘‘(B) in the case of the Commonwealth of 

24 Puerto Rico, Guam, American Samoa, or the 

25 United States Virgin Islands, $1,000,000. 


jbell on DSKJLSW7X2PROD with BILLS
62 

•S 4033 IS

1 ‘‘(3) VOTING AGE POPULATION PROPORTION

2 AMOUNT.— 

3 ‘‘(A) IN GENERAL.—The voting age popu4 lation proportion amount described in this para5 graph is the product of— 

6 ‘‘(i) the aggregate amount made avail7 able for payments under this section minus 

8 the total of all of the minimum payment 

9 amounts under paragraph (2); and 

10 ‘‘(ii) the voting age population propor11 tion for the State (as defined in subpara12 graph (B)). 

13 ‘‘(B) VOTING AGE POPULATION PROPOR14 TION DEFINED.—The term ‘voting age popu15 lation proportion’ means, with respect to a 

16 State, the amount equal to the quotient of— 

17 ‘‘(i) the voting age population of the 

18 State (as reported in the most recent de19 cennial census); and 

20 ‘‘(ii) the total voting age population of 

21 all States (as reported in the most recent 

22 decennial census). 

23 ‘‘(d) PASS-THROUGH OF FUNDS TO LOCAL JURIS24 DICTIONS.— 


jbell on DSKJLSW7X2PROD with BILLS
63 

•S 4033 IS

1 ‘‘(1) IN GENERAL.—At least 80 percent of 

2 funds provided to a State under a payment under 

3 this section shall be passed through to local jurisdic4 tions or Tribal governments to carry out activities 

5 described in subsection (b)(1) with respect to the 

6 2020 general election occurring on November 3, 

7 2020. 

8 ‘‘(2) GUIDANCE.—When distributing such funds 

9 to local jurisdictions or Tribal governments, a State 

10 should consider prioritizing funding for communities 

11 and areas that are most impacted by the COVID– 

12 19 coronavirus. 

13 ‘‘(3) DEFINITIONS.—In this subsection: 

14 ‘‘(A) INDIAN TRIBE.—The term ‘Indian 

15 Tribe’ has the meaning given the term ‘Indian 

16 tribe’ in section 4 of the Indian Self-Determina17 tion and Education Assistance Act (25 U.S.C. 

18 5304). 

19 ‘‘(B) TRIBAL GOVERNMENT.—The term 

20 ‘Tribal Government’ means the recognized gov21 erning body of an Indian Tribe. 

22 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.— 

23 ‘‘(1) IN GENERAL.—There are authorized to be 

24 appropriated for payments under this section 

25 $3,600,000,000. 


jbell on DSKJLSW7X2PROD with BILLS
64 

•S 4033 IS

1 ‘‘(2) AVAILABILITY OF FUNDS.—Amounts ap2 propriated pursuant to the authorization under this 

3 subsection shall remain available without fiscal year 

4 limitation.’’. 

5 (b) CONFORMING AMENDMENTS.— 

6 (1) Section 202 of the Help America Vote Act 

7 of 2002 (52 U.S.C. 20922), as amended by section 

8 7(e), is amended by redesignating paragraphs (7) 

9 and (8) as paragraphs (8) and (9), respectively, and 

10 by inserting after paragraph (6) the following new 

11 paragraph: 

12 ‘‘(7) carrying out the duties described in part 

13 IX (relating to payments to States for carrying out 

14 requirements under the Natural Disaster and Emer15 gency Ballot Act of 2020 with respect to the 2020 

16 general election);’’. 

17 (2) The table of contents for such Act is 

18 amended by inserting after the item related to sec19 tion 297 the following: 

‘‘PART IX—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.’’. 

20 SEC. 12. ADDITIONAL APPROPRIATIONS FOR THE ELEC21 TION ASSISTANCE COMMISSION. 

22 (a) IN GENERAL.—In addition to any funds other23 wise appropriated to the Election Assistance Commission 


jbell on DSKJLSW7X2PROD with BILLS
65 

•S 4033 IS

1 for fiscal year 2020, there is authorized to be appropriated 

2 $3,000,000 for fiscal year 2020 in order for the Commis3 sion to provide additional assistance and resources to 

4 States for improving the administration of elections. 

5 (b) AVAILABILITY OF FUNDS.—Amounts appro6 priated pursuant to the authorization under this sub7 section shall remain available without fiscal year limita8 tion. 

9 SEC. 13. RESEARCH AND DEVELOPMENT FOR THE NA10 TIONAL INSTITUTE OF STANDARDS AND 

11 TECHNOLOGY. 

12 (a) RESEARCH AND DEVELOPMENT OF SIGNATURE

13 GUIDELINES.—The Director of the National Institute of 

14 Standards and Technology shall work with States, 

15 forensics experts, and the disability community to expand 

16 the research and develop best practices or guidelines for 

17 the acceptance, verification, and curing of signatures for 

18 mail-in ballots. 

19 (b) RESEARCH STUDY ON THE ELECTRONIC TRANS20 MISSION OF MARKED BALLOTS.— 

21 (1) IN GENERAL.—The Director of the National 

22 Institute of Standards and Technology shall conduct 

23 a research study into cybersecurity risks associated 

24 with the electronic transmission of marked ballots 


jbell on DSKJLSW7X2PROD with BILLS
66 

•S 4033 IS

1 and ways to mitigate those risks and increase acces2 sibility. 

3 (2) SCOPE OF STUDY.—The study conducted 

4 under this subsection shall include the following: 

5 (A) An evaluation, comparison, and con6 trast of the security and accessibility of e-mail, 

7 fax, web portals, electronic, or other online 

8 transmission systems used by States and local 

9 election offices to receive marked ballots includ10 ing guidance for how such systems may comply 

11 with cybersecurity standards for Federal infor12 mation technology systems set by National In13 stitute of Standards and Technology Special 

14 Publication 800–53, Security and Privacy Con15 trols for Federal Information Systems and Or16 ganizations, and accessibility standards set by 

17 the Americans with Disability Act of 1990 (42 

18 U.S.C. 12101 et seq.) and the Help America 

19 Vote Act of 2002 (52 U.S.C. 20901 et seq.). 

20 (B) An evaluation of risks and benefits as21 sociated with the continued or expanded use of 

22 such systems by overseas and domestic voters 

23 to return their marked ballots, including updat24 ing the following reports: 


jbell on DSKJLSW7X2PROD with BILLS
67 

•S 4033 IS

1 (i) NISTIR 7551, A Threat Analysis 

2 on UOCAVA Voting Systems. 

3 (ii) NISTIR 7711, Security Best 

4 Practices for the Electronic Transmission 

5 of Election Materials for UOCAVA Voters. 

6 (iii) NISTIR 7682, Information Sys7 tem Security Best Practices for UOCAVA– 

8 Supporting Systems. 

9 (iv) NISTIR 7700, Security Consider10 ations for Remote Electronic UOCAVA 

11 Voting. 

12 (C) An evaluation of any risks and benefits 

13 associated with the continued or expanded use 

14 of such systems by voters with disabilities. 

15 (D) An evaluation of any cybersecurity im16 provements which are necessary for such sys17 tems and ballots transmitted using such sys18 tems to be secure against tampering by foreign 

19 intelligence agencies, hackers, and other sophis20 ticated adversaries. 

21 (E) An evaluation of any accessibility im22 provements which are necessary for such sys23 tems and ballots transmitted using such sys24 tems to be accessible for people with any kind 

25 of disability. 


jbell on DSKJLSW7X2PROD with BILLS
68 

•S 4033 IS

1 (3) FINAL REPORT.—Not later than January 1, 

2 2023, the Director shall submit to Congress a report 

3 containing the results of the study conducted under 

4 this subsection. 

5 (4) AUTHORIZATION.—In addition to any funds 

6 otherwise appropriated to the National Institute of 

7 Standards and Technology for fiscal year 2020, 

8 there is authorized to be appropriated $5,000,000 

9 for fiscal year 2020 to conduct the study under this 

10 subsection. 

11 SEC. 14. MODIFYING PROVISIONS ON FUNDING FOR ELEC12 TION SECURITY GRANTS. 

13 (a) WAIVER OF MATCHING REQUIREMENT.—The last 

14 proviso under the heading ‘‘Election Assistance Commis15 sion, Election Security Grants’’ in the Financial Services 

16 and General Government Appropriations Act, 2020 (Pub17 lic Law 116–93; 133 Stat. 2461) shall not apply with re18 spect to any payment made to a State using funds appro19 priated or otherwise made available to the Election Assist20 ance Commission under the Coronavirus Aid, Relief, and 

21 Economic Security Act (Public Law 116–136). 

22 (b) MODIFICATION OF REPORTING DEADLINE.—The 

23 first proviso under the heading ‘‘Election Assistance Com24 mission, Election Security Grants’’ in the Coronavirus 

25 Aid, Relief, and Economic Security Act (Public Law 116– 


jbell on DSKJLSW7X2PROD with BILLS
69 

•S 4033 IS

1 136) is amended by striking ‘‘within 20 days of each elec2 tion in the 2020 Federal election cycle in that State,’’ and 

3 inserting ‘‘not later than October 30, 2021,’’. 

4 (c) EXTENSION FOR USE OF FUNDS.—The fourth 

5 proviso under the heading ‘‘Election Assistance Commis6 sion, Election Security Grants’’ in the Coronavirus Aid, 

7 Relief, and Economic Security Act (Public Law 116–136) 

8 is amended by striking ‘‘December 31, 2020’’ and insert9 ing ‘‘September 30, 2021’’. 

10 (d) REALLOCATION OF FUNDS.—A State may elect 

11 to reallocate funds allocated under the heading ‘‘Election 

12 Assistance Commission, Election Security Grants’’ in the 

13 Coronavirus Aid, Relief, and Economic Security Act (Pub14 lic Law 116–136)— 

15 (1) as funds allocated under the heading ‘‘Elec16 tion Assistance Commission, Election Security 

17 Grants’’ in the Financial Services and General Gov18 ernment Appropriations Act, 2020 (Public Law 

19 116–93; 133 Stat. 2461) that were spent to prevent, 

20 prepare for, and respond to coronavirus, domesti21 cally or internationally, for the 2020 Federal elec22 tion cycle; or 

23 (2) as funds allocated under the heading ‘‘Elec24 tion Assistance Commission, Election Reform Pro25 gram’’ in the Financial Services and Government 


jbell on DSKJLSW7X2PROD with BILLS
70 

•S 4033 IS

1 Appropriations Act, 2018 (Public Law 115–141) 

2 that were spent to prevent, prepare for, and respond 

3 to coronavirus, domestically or internationally, for 

4 the 2020 Federal election cycle. 

5 (e) EFFECTIVE DATE.—This section shall take effect 

6 as if included in the enactment of the Coronavirus Aid, 

7 Relief, and Economic Security Act (Public Law 116–136). 

Æ 


jbell on DSKJLSW7X2PROD with BILLS