I 

109TH CONGRESS 

1ST SESSION H. R. 1579 

To amend title 3, United States Code, to extend the date provided for 

the meeting of electors of the President and Vice President in the 

States and the date provided for the joint session of Congress held 

for the counting of electoral votes, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 12, 2005 

Mr. PRICE of North Carolina introduced the following bill; which was referred 

to the Committee on House Administration 

A BILL 

To amend title 3, United States Code, to extend the date 

provided for the meeting of electors of the President 

and Vice President in the States and the date provided 

for the joint session of Congress held for the counting 

of electoral votes, 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 ‘‘Count Every Vote Act 

5 of 2005’’. 
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1 SEC. 2. EXTENSION OF DATES PROVIDED FOR MEETING OF 

2 ELECTORS AND JOINT SESSION OF CON3 GRESS FOR COUNTING ELECTORAL VOTES. 

4 (a) MEETING OF ELECTORS IN STATES.—Section 7 

5 of title 3, United States Code, is amended by striking ‘‘the 

6 first Monday after the second Wednesday in December 

7 next following their appointment’’ and inserting the fol8 lowing: ‘‘the first day (or, if such day is a Sunday, the 

9 second day) occurring after the January 1 that next fol10 lows their appointment’’. 

11 (b) ENSURING TIMELY DELIVERY OF CERTIFICATES

12 AND VOTES BY STATES.— 

13 (1) CERTIFICATE OF APPOINTED ELECTORS.— 

14 Section 6 of such title is amended by striking ‘‘com15 municate by registered mail under the seal of the 

16 State to the Archivist of the United States’’ and in17 serting the following: ‘‘communicate to the Archivist 

18 of the United States, by the most expeditious meth19 od available (including overnight delivery or a secure 

20 form of electronic transmission) to ensure receipt 

21 not later than the second day that follows the date 

22 described in section 7,’’. 

23 (2) DISPOSITION OF CERTIFICATES BY ELEC24 TORS.—Section 11 of such title is amended— 

25 (A) by striking ‘‘by registered mail’’ each 

26 place it appears; 
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1 (B) by striking ‘‘The electors shall dis2 pose’’ and inserting ‘‘(a) IN GENERAL.—The 

3 electors shall dispose’’; and 

4 (C) by adding at the end the following new 

5 subsection: 

6 ‘‘(b) METHOD OF DELIVERY AND TRANSMISSION.— 

7 The electors shall carry out the delivery and transmission 

8 requirements of this section by the most expeditious meth9 od available (including overnight delivery or a secure form 

10 of electronic transmission) to ensure receipt of the certifi11 cates and lists by the President of the Senate and the Ar12 chivist of the United States not later than the second day 

13 that follows the date described in section 7.’’. 

14 (3) FINAL DEADLINE FOR DELIVERY.—Section 

15 12 of such title is amended— 

16 (A) by striking ‘‘the fourth Wednesday in 

17 December’’ and inserting ‘‘the second day that 

18 follows the date described in section 7’’; and 

19 (B) by striking ‘‘transmit same by reg20 istered mail to the President of the Senate at 

21 the seat of government’’ and inserting the fol22 lowing: ‘‘transmit such certificate and list to the 

23 President of the Senate at the seat of govern24 ment by such method as may be necessary (in25 cluding overnight delivery or a secure form of 
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1 electronic transmission) to ensure that such cer2 tificate and list is received by the President of 

3 the Senate or the Archivist of the United States 

4 not later than the second day that follows the 

5 date described in section 7’’. 

6 (4) DEMAND ON DISTRICT COURT JUDGE.— 

7 Section 13 of such title is amended— 

8 (A) by striking ‘‘the fourth Wednesday in 

9 December’’ and inserting ‘‘the second day that 

10 follows the date described in section 7’’; 

11 (B) by striking ‘‘send a special messenger 

12 to’’ and inserting ‘‘immediately notify’’; and 

13 (C) by striking ‘‘shall forthwith transmit 

14 that list by the hand of the messenger to the 

15 seat of government’’ and inserting ‘‘shall take 

16 such action as may be necessary (including 

17 overnight delivery or a secure form of electronic 

18 transmission) to ensure that such certificate 

19 and list is received by the President of the Sen20 ate not later than 24 hours after receipt of the 

21 Archivist’s notice’’. 

22 (c) JOINT SESSION FOR COUNTING ELECTORAL

23 VOTES.—The first sentence of section 15 of such title is 

24 amended by striking ‘‘the sixth day of January succeeding 

25 every meeting of the electors’’ and inserting the following: 
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1 ‘‘the second day (or, if such day is a Sunday, the third 

2 day) that follows the deadline for the receipt of certificates 

3 and votes by the President of the Senate or the Archivist 

4 of the United States under section 12’’. 

5 SEC. 3. EXTENSION OF SAFE HARBOR PERIOD FOR RESO6 LUTION OF CONTROVERSY OR CONTEST RE7 GARDING APPOINTMENT OF ELECTORS. 

8 Section 5 of title 3, United States Code, is amended 

9 by striking ‘‘six days’’ each place it appears and inserting 

10 ‘‘3 days’’. 

11 SEC. 4. EFFECTIVE DATE. 

12 The amendments made by this Act shall apply with 

13 respect to the Presidential election held in November 2008 

14 and each succeeding Presidential election. 

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