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[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 301 Introduced in Senate (IS)]

<DOC>

117th CONGRESS
  1st Session
                                 S. 301

To amend the Help America Vote Act of 2002 to provide Federal standards 
 for mail-in ballots and reporting of election results with respect to 
                     elections for Federal office.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            February 8, 2021

  Mr. Scott of Florida introduced the following bill; which was read 
    twice and referred to the Committee on Rules and Administration

_______________________________________________________________________

                                 A BILL

 
To amend the Help America Vote Act of 2002 to provide Federal standards 
 for mail-in ballots and reporting of election results with respect to 
                     elections for Federal office.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Verifiable, Orderly, and Timely 
Election Results Act''.

SEC. 2. FEDERAL STANDARDS FOR MAIL-IN BALLOTS.

    (a) In General.--Title III of the Help America Vote Act of 2002 (52 
U.S.C. 20901 et seq.) is amended--
            (1) by redesignating sections 304 and 305 as sections 305 
        and 306, respectively; and
            (2) by inserting after section 303 the following new 
        section:

``SEC. 304. FEDERAL STANDARDS FOR MAIL-IN BALLOTS.

    ``(a) In General.--When otherwise permitted by State law, any vote-
by-mail system used in an election for Federal office must be designed 
and implemented to ensure a secure, uniform, and timely system to cast 
a mail-in ballot in accordance with this section.
    ``(b) Requests.--
            ``(1) In general.--Mail-in ballots may only be provided 
        upon request submitted by the voter in accordance with this 
        subsection. Requests for a mail-in ballot under a vote-by-mail 
        system described in subsection (a) may be submitted 
        electronically or by postal mail using a standardized form 
        approved for such requests by the chief State election 
        official.
            ``(2) Request.--The form for such requests must enable an 
        election official who receives the request to confirm--
                    ``(A) the identity of the individual submitting the 
                request;
                    ``(B) that the individual is validly registered and 
                eligible to vote in the jurisdiction where the request 
                is submitted; and
                    ``(C) that the individual continues to reside at 
                the physical address where the individual is registered 
                to vote (if different than the mailing address where 
                the ballot is requested to be sent).
            ``(3) Deadline for submission.--Such request must be 
        submitted by an individual and received by the office of the 
        State or local election supervisor not later than 21 days 
        before the date of the election for Federal office.
            ``(4) Methods to confirm identity, registration, and 
        eligibility of requester.--
                    ``(A) In general.--Upon receipt of a request for a 
                mail-in ballot, an election official shall confirm the 
                identity, voter registration, and eligibility to vote 
                of an individual requesting a mail-in ballot, by 
                comparing the identifying information of the individual 
                requester with, at a minimum, the following records and 
                databases:
                            ``(i) The voter registration record 
                        maintained by the jurisdiction where the 
                        request is submitted.
                            ``(ii) The Death Master File (as such term 
                        is defined in section 203(d) of the Bipartisan 
                        Budget Act of 2013 (42 U.S.C. 1306c(d))).
                            ``(iii) The E-Verify Program described in 
                        section 403(a) of the Illegal Immigration 
                        Reform and Immigrant Responsibility Act of 
                        1996.
                    ``(B) Prompt response to request.--Within 3 days of 
                receiving a request for a mail-in ballot from an 
                individual, an election official shall take one of the 
                following actions with respect to such request:
                            ``(i) If the election official is unable to 
                        confirm the identity, voter registration, or 
                        eligibility to vote of the individual, the 
                        election official shall deny the request for a 
                        mail-in ballot and notify the individual in 
                        writing of the reason for such denial.
                            ``(ii) If the election official is able to 
                        confirm the identity, voter registration, or 
                        eligibility to vote of the individual, the 
                        election official shall fulfill the request by 
                        mailing a mail-in ballot to the individual.
    ``(c) Requirements for State or Local Election Officials.--The 
office of the State or local election supervisor shall--
            ``(1) record the total number of mail-in ballots sent to 
        voters pursuant to this section; and
            ``(2) include a notation on the voter rolls maintained by 
        the office and provided to the individual polling locations, 
        which identifies that a voter has received a mail-in ballot and 
        the date that mail-in ballot was sent to the voter.
    ``(d) Ballot Requirements.--
            ``(1) In general.--To be considered validly cast and 
        eligible to be counted in an election for Federal office, a 
        mail-in ballot must--
                    ``(A) be marked using blue or black ink, and 
                properly designate the individual's vote for each 
                candidate;
                    ``(B) be signed by the individual using the same 
                signature the individual used to register to vote;
                    ``(C) be dated;
                    ``(D) be received by the appropriate election 
                official no later than the time polls close on the date 
                of the election; and
                    ``(E) include an attestation, signed by the 
                individual, that the individual submitting the mail-in 
                ballot is--
                            ``(i) the individual to whom the ballot was 
                        mailed;
                            ``(ii) registered to vote in the 
                        jurisdiction where the ballot is being 
                        submitted; and
                            ``(iii) submitting the mail-in ballot in 
                        lieu of casting a ballot in-person, and will 
                        not attempt to cast a ballot in-person after 
                        submitting the mail-in ballot.
            ``(2) Return of ballots in-person.-- An individual may 
        choose to return a mail-in ballot in-person to the polling 
        place where the individual is registered to vote in lieu of 
        returning the ballot by mail.
    ``(e) Option To Vote In-Person.--
            ``(1) In general.--An individual who receives a mail-in 
        ballot with respect to an election for Federal office may 
        instead vote in-person in such election if the individual turns 
        in the blank or incomplete mail-in ballot received by the 
        individual to the polling location where the individual plans 
        to vote in-person.
            ``(2) Provisional ballot.--If the individual attempts to 
        vote in-person but does not bring their blank or incomplete 
        mail-in ballot to the polling location, the individual shall be 
        directed to complete a provisional ballot.
    ``(f) Persons Permitted To Possess Mail-In Ballots.--
            ``(1) In general.--It shall be unlawful for any person to 
        possess or return a mail-in ballot completed by another person, 
        except as provided in this subsection.
            ``(2) Immediate family member.--
                    ``(A) In general.--A person may possess or return a 
                mail-in ballot completed by an immediate family member, 
                provided that the person does not possess more than 2 
                such completed mail-in ballots other than his or her 
                own.
                    ``(B) Definition of immediate family member.--In 
                this paragraph, the term `immediate family member' 
                means the spouse, child, parent, grandparent, or 
                sibling of the person.
            ``(3) Caregiver.--
                    ``(A) In general.--A caregiver may possess or 
                return a mail-in ballot completed by a person under the 
                supervision or care of the caregiver, provided that the 
                caregiver does not possess more than 2 such completed 
                mail-in ballots other than his or her own.
                    ``(B) Definition of caregiver.--In this paragraph, 
                the term `caregiver' means an individual who has the 
                responsibility for the care of an older individual, 
                either voluntarily, by contract, by receipt of payment 
                for care, or as a result of the operation of law and 
                means an individual who provides (on behalf of such 
                individual or of a public or private agency, 
                organization, or institution) compensated or 
                uncompensated care to an older individual.
            ``(4) Incidental possession excepted.--The prohibition 
        under paragraph (1) shall not apply to the incidental 
        possession of mail-in ballots by a postal worker or election 
        official acting within the scope of his or her official 
        capacity.
            ``(5) Penalty.--Any person who violates this subsection 
        shall be fined under title 18, United States Code, or 
        imprisoned not more than 1 year, or both.
    ``(g) Effective Date.--This section shall apply with respect to 
elections for Federal office held after the date of the enactment of 
this section.''.
    (b) Conforming Amendments.--
            (1) Enforcement.--Section 401 of such Act (52 U.S.C. 21111) 
        is amended by striking ``and 303'' and inserting ``303, and 
        304''.
            (2) Table of contents.--The table of contents of such Act 
        is amended--
                    (A) by redesignating the items relating to sections 
                304 and 305 as relating to sections 305 and 306, 
                respectively; and
                    (B) by inserting after the item relating to section 
                303 the following:

``Sec. 304. Federal standards for mail-in ballots.''.

SEC. 3. FEDERAL STANDARDS FOR REPORTING ELECTION RESULTS.

    (a) In General.--Title III of the Help America Vote Act of 2002 (52 
U.S.C. 20901 et seq.), as amended by section 2(a), is amended--
            (1) by redesignating sections 305 and 306 as sections 306 
        and 307, respectively; and
            (2) by inserting after section 304 the following new 
        section:

``SEC. 305. FEDERAL STANDARDS FOR REPORTING ELECTION RESULTS.

    ``(a) In General.--The chief State election official shall ensure 
that ballots validly cast in an election for Federal office are able to 
be counted and reported in a timely manner as follows:
            ``(1) Mail-in ballots received prior to the date of the 
        election shall be counted upon receipt (except in the case of a 
        mail-in ballot received prior to the date that is 22 days 
        before the date of the election, no earlier than the date that 
        is 22 days before the date of the election), provided that the 
        results of such votes counted and recorded must be kept 
        confidential and may not be disclosed until the time polls 
        close on the date of the election.
            ``(2) One hour after polls close on the date of the 
        election, each voting precinct shall report to the chief State 
        election official the following:
                    ``(A) The total number of mail-in ballots received 
                by the voting precinct.
                    ``(B) The total number of ballots cast in-person in 
                the voting precinct.
                    ``(C) Of the ballots reported under subparagraphs 
                (A) and (B), the number of such ballots that have been 
                counted and the number of such ballots that remain to 
                be counted.
            ``(3)(A) All ballots validly cast in an election for 
        Federal office shall be counted and reported within 24 hours 
        after the polls close on the date of the election.
            ``(B) If the chief State election official is unable to 
        complete the count of votes cast within 24 hours after the 
        polls close on the date of the election, the official must 
        identify with particularity and publicly report--
                    ``(i) the reason why the vote count has not been 
                completed;
                    ``(ii) the steps the official is taking to ensure 
                the vote count is completed as expeditiously as 
                possible; and
                    ``(iii) the anticipated time when the vote count 
                will be completed.
            ``(4) If more than 24 hours have passed after the 
        conclusion of voting without a final vote count, the chief 
        State election official must report the unofficial vote count 
        on an hourly basis until the vote count is completed.
    ``(b) Effective Date.--This section shall apply with respect to 
elections for Federal office held after the date of the enactment of 
this section.''.
    (b) Conforming Amendments.--
            (1) Enforcement.--Section 401 of such Act (52 U.S.C. 
        21111), as amended by section 2(b), is amended by striking 
        ``and 304'' and inserting ``304, and 305''.
            (2) Table of contents.--The table of contents of such Act, 
        as amended by section 2(b), is amended--
                    (A) by redesignating the items relating to sections 
                305 and 306 as relating to sections 306 and 307, 
                respectively; and
                    (B) by inserting after the item relating to section 
                304 the following:

``Sec. 305. Federal standards for reporting election results.''.

SEC. 4. PROMOTING VOTER ROLL INTEGRITY.

    (a) In General.--Subtitle D of Title II of the Help America Vote 
Act of 2002 (52 U.S.C. 20901 et seq.) is amended by adding at the end 
the following new part:

                ``PART 7--PROMOTING VOTER ROLL INTEGRITY

``SEC. 297. PAYMENT INELIGIBILITY FOR STATES WITHOUT ADEQUATE VOTER 
              ROLL INTEGRITY MEASURES.

    ``(a) In General.--A State shall be ineligible to receive funds 
under this Act unless the State meets the following requirements with 
respect to each election for Federal office held on or after January 1, 
2021:
            ``(1) Identification required to cast ballot.--The State 
        has in effect a law that--
                    ``(A) requires an individual to present a current 
                and valid form of photographic identification at a 
                polling location prior to being able to cast a ballot 
                in an election for Federal office;
                    ``(B) specifies approved forms of identification 
                for meeting such requirement;
                    ``(C) requires a supervisor of elections or other 
                authorized elections official to confirm the individual 
                is validly registered and eligible to vote at that 
                polling location; and
                    ``(D) requires the individual be provided a 
                provisional ballot if--
                            ``(i) the individual is unable to present a 
                        current and valid approved form of 
                        identification; or
                            ``(ii) the supervisor of elections or other 
                        authorized elections official is unable to 
                        confirm that the individual is validly 
                        registered and eligible to vote at the polling 
                        location.
            ``(2) Voter signature verification.--The State has in 
        effect a law that--
                    ``(A) requires the supervisor of elections or other 
                authorized election official to compare and confirm 
                that an individual's signature on a mail-in ballot 
                matches the authorized signature appearing in the 
                individual's voter registration file; and
                    ``(B) specifies procedures for a supervisor of 
                elections or other authorized elections official--
                            ``(i) to notify the individual if the 
                        signature on the individual's mail-in ballot is 
                        determined not to match the authorized 
                        signature appearing in the individual's voter 
                        registration file;
                            ``(ii) to permit the individual to provide 
                        a copy of an approved form of photographic 
                        identification and a sworn statement attesting 
                        that--
                                    ``(I) the individual is validly 
                                registered and eligible to vote in the 
                                jurisdiction;
                                    ``(II) the signature on the mail-in 
                                ballot belongs to that individual; and
                                    ``(III) the individual has not cast 
                                another ballot in the election for 
                                Federal office; and
                            ``(iii) to mark the mail-in ballot as 
                        illegal and ineligible to be counted if the 
                        individual fails to respond within the 
                        designated period of time to cure the reported 
                        defect in the individual's authorized 
                        signature.
            ``(3) Same-day registration prohibited for first-time 
        voters.--The State has in effect a law that prohibits an 
        individual from registering to vote for the first time and 
        casting a ballot on the same day at a polling location.
            ``(4) Audit of voter rolls.--The State has in effect a law 
        that requires the chief election official of each jurisdiction 
        or precinct to--
                    ``(A) complete an audit of the voter roll of the 
                registered voters within that jurisdiction or precinct 
                in each year in which an election for Federal office is 
                held;
                    ``(B) compare the names of the registered voters 
                within the jurisdiction or precinct with--
                            ``(i) the Death Master File (as such term 
                        is defined in section 203(d) of the Bipartisan 
                        Budget Act of 2013 (42 U.S.C. 1306c(d))); and
                            ``(ii) the E-Verify Program described in 
                        section 403(a) of the Illegal Immigration 
                        Reform and Immigrant Responsibility Act of 
                        1996;
                    ``(C) promptly notify an individual identified as 
                ineligible pursuant to subparagraph (B) to provide an 
                opportunity to prove their eligibility to be registered 
                to vote according to procedures defined in State law 
                for that purpose;
                    ``(D) remove from the voter roll an individual who 
                fails to prove their eligibility to vote in an election 
                for Federal office pursuant to subparagraph (C); and
                    ``(E) file a written certification with the chief 
                State election official certifying the completion of 
                the audit and the accuracy of the voter roll of 
                registered voters within the relevant jurisdiction or 
                precinct, which is required under such law to be 
                submitted not later than 6 months prior to the date of 
                an election for Federal office.''.
    (b) Table of Contents.--The table of contents of such Act is 
amended by inserting after the item relating to section 296 the 
following:

                ``Part 7--Promoting Voter Roll Integrity

``Sec. 297. Payment ineligibility for States without adequate voter 
                            roll integrity measures.''.
                                 <all>
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