I 

109TH CONGRESS 

1ST SESSION H. R. 2104 

To amend the Help America Vote Act of 2002 to permit local jurisdictions 

within a State to conduct early voting in elections for Federal office 

held in such jurisdictions, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 4, 2005 

Ms. NORTON introduced the following bill; which was referred to the 

Committee on House Administration 

A BILL 

To amend the Help America Vote Act of 2002 to permit 

local jurisdictions within a State to conduct early voting 

in elections for Federal office held in such jurisdictions, 

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. PROVIDING AUTHORITY TO LOCAL JURISDIC4 TIONS TO CONDUCT EARLY VOTING IN ELEC5 TIONS. 

6 (a) AUTHORITY.—Subtitle A of title III of the Help 

7 America Vote Act of 2002 (42 U.S.C. 15481 et seq.) is 
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1 amended by inserting after section 303 the following new 

2 section: 

3 ‘‘SEC. 303A. AUTHORITY OF LOCAL JURISDICTIONS TO CON4 DUCT EARLY VOTING. 

5 ‘‘(a) IN GENERAL.—Notwithstanding any provision 

6 of State law, a jurisdiction which is located within a State 

7 and which is responsible for administering an election for 

8 Federal office may permit individuals to cast ballots in 

9 the election prior to the date of the election in the same 

10 manner in which ballots are cast on the date of the elec11 tion, during such period prior to the date of the election 

12 as the jurisdiction may establish. 

13 ‘‘(b) EFFECTIVE DATE.—Each State shall be re14 quired to comply with the requirements of this section on 

15 and after January 1, 2006.’’. 

16 (b) CONFORMING AMENDMENT RELATING TO EN17 FORCEMENT.—Section 401 of such Act (42 U.S.C. 15511) 

18 is amended by striking ‘‘sections 301, 302, and 303’’ and 

19 inserting ‘‘subtitle A of title III’’ . 

20 (c) CLERICAL AMENDMENT.—The table of contents 

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

22 to section 303 the following new item: 

‘‘Sec. 303A. Authority of local jurisdictions to conduct early voting.’’. 
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1 SEC. 2. REQUIRING ACCEPTANCE OF ABSENTEE BALLOTS 

2 WITHOUT SUFFICIENT POSTAGE. 

3 (a) REQUIRING ELECTION OFFICIAL TO ACCEPT

4 BALLOTS.—Subtitle A of title III of the Help America 

5 Vote Act of 2002 (42 U.S.C. 15481 et seq.), as amended 

6 by section 1(a), is amended by inserting after section 

7 303A the following new section: 

8 ‘‘SEC. 303B. REQUIRING ACCEPTANCE OF ABSENTEE BAL9 LOTS WITHOUT SUFFICIENT POSTAGE. 

10 ‘‘(a) IN GENERAL.—A State or local election official 

11 may not refuse any mail matter consisting of an absentee 

12 ballot sent by a voter to a State or local election official 

13 on the grounds that the matter does not include sufficient 

14 postage. 

15 ‘‘(b) EFFECTIVE DATE.—Each State shall be re16 quired to comply with the requirements of this section on 

17 and after January 1, 2006.’’. 

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

19 of such Act, as amended by section 1(c), is amended by 

20 inserting after the item relating to section 303A the fol21 lowing new item: 

‘‘Sec. 303B. Requiring acceptance of absentee ballots without sufficient postage.’’. 
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1 SEC. 3. TREATMENT OF PROVISIONAL BALLOTS CAST AT 

2 INCORRECT POLLING PLACE. 

3 (a) REQUIRING BALLOTS CAST AT INCORRECT POLL4 ING PLACES BY ELIGIBLE VOTERS TO BE COUNTED.— 

5 Section 302(a)(4) of the Help America Vote Act of 2002 

6 (42 U.S.C. 15482(a)(4)) is amended by striking ‘‘eligible 

7 under State law to vote,’’ and inserting the following: ‘‘eli8 gible under State law to vote in that election at the polling 

9 place at which the ballot is cast or at any other polling 

10 place in the State,’’. 

11 (b) NOTIFYING INDIVIDUALS OF OPTION TO CAST

12 BALLOTS AT CORRECT POLLING PLACE.—Section 

13 302(a)(1) of such Act (42 U.S.C. 15482(a)(1)) is amend14 ed by striking the period at the end and inserting the fol15 lowing: ‘‘, and in the case of an individual whose name 

16 does not appear on the official list of eligible voters for 

17 the polling place, shall provide the individual with the loca18 tion of the polling place at which the individual’s name 

19 does appear on the official list of eligible voters and notify 

20 the individual in writing that the individual may cast a 

21 ballot at that polling place instead of a provisional ballot 

22 under this subsection.’’ 

23 (c) EFFECTIVE DATE.—The amendments made by 

24 this section shall apply with respect to elections held dur25 ing 2006 and any succeeding year. 

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