I 

111TH CONGRESS 

2D SESSION H. R. 5794 

To amend the Help America Vote Act of 2002 to establish requirements 

for the treatment of absentee ballots in elections for Federal office, 

and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 20, 2010 

Mr. BACA 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 establish 

requirements for the treatment of absentee ballots in 

elections for Federal office, 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 ‘‘Let My Absentee Bal5 lot Count Act of 2010’’. 

6 SEC. 2. REQUIREMENTS FOR TREATMENT OF ABSENTEE 

7 BALLOTS IN FEDERAL ELECTIONS. 

8 (a) REQUIREMENTS DESCRIBED.—Title III of the 

9 Help America Vote Act of 2002 (42 U.S.C. 15481 et seq.) 

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1 is amended by inserting after section 303 the following 

2 new section: 

3 ‘‘SEC. 303A. REQUIREMENTS FOR TREATMENT OF ABSEN4 TEE BALLOTS. 

5 ‘‘(a) PROCEDURES FOR DESIGN OF BALLOT.— 

6 ‘‘(1) CONSULTATION WITH UNITED STATES

7 POSTAL SERVICE TO MINIMIZE POSTAGE REQUIRE8 MENTS.—In designing the absentee ballot used in an 

9 election for Federal office, the appropriate State and 

10 local election officials shall consult with the United 

11 States Postal Service so that the ballot is designed 

12 in a manner which minimizes the amount of postage 

13 required for the voter to return the ballot. 

14 ‘‘(2) REQUIRING OUTER ENVELOPE FOR BAL15 LOT.—A State shall design each absentee ballot used 

16 in an election for Federal office in a manner which 

17 includes an envelope or other covering so that the 

18 contents of the ballot are not visible during trans19 mission. 

20 ‘‘(b) CONFIRMATION OF ACCEPTANCE OF BALLOT

21 PRIOR TO ELECTION.— 

22 ‘‘(1) REQUIREMENT TO IMPLEMENT TRACKING

23 PROCEDURES.— 

24 ‘‘(A) IN GENERAL.—The State or local 

25 election official responsible for the receipt of 

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1 voted absentee ballots in an election for Federal 

2 office shall implement procedures to track and 

3 confirm the receipt of such ballots, and to make 

4 information on the receipt of such ballots avail5 able prior to the date of the election to the indi6 vidual who cast the ballot, by means of online 

7 access using the Internet site of the official’s of8 fice. 

9 ‘‘(B) USE OF TOLL-FREE TELEPHONE

10 NUMBER.—If the office of the election official 

11 responsible for the receipt of voted absentee 

12 ballots in an election for Federal office does not 

13 have an Internet site, the official may meet the 

14 requirements of subparagraph (A) by operating 

15 a toll-free telephone number that may be used 

16 by an individual who cast an absentee ballot to 

17 obtain the information involved. 

18 ‘‘(C) INFORMATION SPECIFIED.—The in19 formation referred to in subparagraphs (A) and 

20 (B) with respect to the receipt of an absentee 

21 ballot shall include information regarding 

22 whether the vote cast on the ballot was counted, 

23 and, in the case of a vote which was not count24 ed, the reasons therefor. 

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1 ‘‘(2) TREATMENT OF INDIVIDUALS SUBSE2 QUENTLY CASTING BALLOTS AT POLLING PLACE.— 

3 If an individual is informed prior to the date of an 

4 election in accordance with the procedures imple5 mented under paragraph (1) that a vote cast by the 

6 individual on an absentee ballot will not be counted 

7 in the election and the individual casts a ballot at 

8 the polling place on the date of the election— 

9 ‘‘(A) the vote cast on the absentee ballot 

10 shall not be counted in the election; 

11 ‘‘(B) the ballot cast at the polling place 

12 shall be treated as a regular ballot and not as 

13 a provisional ballot (unless the ballot would oth14 erwise be subject to treatment as a provisional 

15 ballot under section 302(a)), and shall be 

16 counted if the individual is eligible to vote in 

17 the election; and 

18 ‘‘(C) the individual shall not be considered 

19 to be in violation of any law which prohibits an 

20 individual from casting more than one vote in 

21 any election; 

22 without regard to whether or not the information 

23 provided to the individual in accordance with the 

24 procedures implemented under paragraph (1) is cor25 rect. 

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1 ‘‘(c) PROHIBITING REJECTION OF BALLOT FOR LACK

2 OF NOTARIZATION.—A State may not refuse to accept an 

3 absentee ballot in an election for Federal office solely on 

4 the grounds that the ballot is not notarized or signed by 

5 a witness. 

6 ‘‘(d) NO EFFECT ON REQUIREMENTS APPLICABLE

7 TO ABSENTEE VOTING BY MEMBERS OF UNIFORMED

8 SERVICES OR OVERSEAS CITIZENS.—The provisions of 

9 this section may not be construed to affect any require10 ment of the Uniformed and Overseas Citizens Absentee 

11 Voting Act.’’. 

12 (b) CONFORMING AMENDMENT RELATING TO EN13 FORCEMENT.—Section 401 of such Act (42 U.S.C. 15511) 

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

15 303A’’. 

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

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

18 to section 303 the following: 

‘‘Sec. 303A. Requirements for treatment of absentee ballots.’’. 

Æ 

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