I 

110TH CONGRESS 

2D SESSION H. R. 5628 

To amend the Help America Vote Act of 2002 to give individuals who 

are permitted to cast a provisional ballot in elections for Federal office 

the option to re-register to vote in such elections at the polling place, 

to establish a uniform standard for the treatment of provisional ballots 

cast at incorrect polling places, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 13, 2008 

Mr. ELLISON (for himself, Ms. LEE, and Ms. MOORE of Wisconsin) 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 give individuals who are permitted to cast a provisional ballot 

in elections for Federal office the option to re-register 

to vote in such elections at the polling place, to establish 

a uniform standard for the treatment of provisional ballots cast at incorrect polling places, 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, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Make Provisional Bal3 lots Count Act 2008’’ 

4 SEC. 2. SAME-DAY VOTER RE-REGISTRATION FOR INDIVID5 UALS PERMITTED TO CAST PROVISIONAL 

6 BALLOTS. 

7 (a) IN GENERAL.—Section 302(a) of the Help Amer8 ica Vote Act of 2002 (42 U.S.C. 15482(a)) is amended— 

9 (1) in the matter preceding paragraph (1) by 

10 striking ‘‘such individual shall be permitted to cast 

11 a provisional ballot as follows’’ and inserting the fol12 lowing: ‘‘such individual shall be permitted to re-reg13 ister to vote in the election and all other elections 

14 for Federal office for which ballots are cast at the 

15 polling place, in accordance with section 303(d), or 

16 (at the option of the individual) shall be permitted 

17 to cast a provisional ballot as follows:’’; and 

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

19 the end and inserting the following: ‘‘, or (at the op20 tion of the individual) may re-register to vote in all 

21 elections for Federal office at which ballots are cast 

22 at the polling place.’’. 

23 (b) VOTER RE-REGISTRATION PROCEDURES DE24 SCRIBED.—Section 303 of such Act (42 U.S.C. 15483) is 

25 amended— 


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1 (1) by redesignating subsection (d) as sub2 section (e); and 

3 (2) by inserting after subsection (c) the fol4 lowing new subsection: 

5 ‘‘(d) PERMITTING CERTAIN INDIVIDUALS TO RE6 REGISTER TO VOTE AT POLLING PLACE ON DATE OF

7 ELECTION.— 

8 ‘‘(1) IN GENERAL.—At each polling place in a 

9 State at which ballots are cast in an election for 

10 Federal office, an individual who is permitted to cast 

11 a provisional ballot under section 302 may, at the 

12 option of the individual, re-register to vote on the 

13 date of the election, and may cast a regular ballot 

14 instead of a provisional ballot at the polling place in 

15 the election, if the individual meets each of the fol16 lowing requirements: 

17 ‘‘(A) The individual completes an applica18 tion for voter registration in accordance with 

19 the requirements of this Act and other applica20 ble law. 

21 ‘‘(B) The individual provides the appro22 priate election official at the polling place with 

23 evidence of the individual’s current address 

24 by— 


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1 ‘‘(i) presenting the official with a cur2 rent and valid photo identification which 

3 includes the individual’s current address; 

4 ‘‘(ii) presenting the official with a cur5 rent and valid photo identification which 

6 does not include the individual’s current 

7 address, together with a utility bill for the 

8 individual which includes the individual’s 

9 current address and which is due not later 

10 than 30 days after the date of the election; 

11 or 

12 ‘‘(iii) providing the official with such 

13 other evidence as the State or jurisdiction 

14 involved considers sufficient. 

15 ‘‘(C) The individual executes a written af16 firmation before an election official at the poll17 ing place stating under penalty of perjury that 

18 the individual is eligible to register to vote in 

19 the jurisdiction in which the individual desires 

20 to vote and has not already voted in the elec21 tion. 

22 ‘‘(2) NOTICE FROM ELECTION OFFICIAL.—At 

23 the time an individual executes the written affirma24 tion required under paragraph (1)(C), the appro25 priate election official at the polling place shall noVerDate Aug 31 2005 23:11 Mar 14, 2008 Jkt 069200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H5628.IH H5628

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1 tify the individual that it is a crime to make false 

2 representations in registering to vote in elections for 

3 Federal office. 

4 ‘‘(3) TRANSMITTAL OF COMPLETED APPLICA5 TIONS TO STATE ELECTION OFFICIAL.—The appro6 priate official at the polling place shall transmit all 

7 applications to re-register to vote which are sub8 mitted at the polling place under this subsection to 

9 the appropriate State election official at the time the 

10 official at the polling place transmits the ballots cast 

11 at the polling place to the official. 

12 ‘‘(4) REQUIREMENTS UNDER NATIONAL VOTER

13 REGISTRATION ACT OF 1993.—In carrying out this 

14 subsection, a polling place in a State shall meet the 

15 requirements applicable to a voter registration agen16 cy designated by the State under section 7(a)(2) of 

17 the National Voter Registration Act of 1993 (42 

18 U.S.C. 1973gg–5(a)(2)), except that clauses (i), (ii), 

19 and (iii) of section 7(a)(6)(B) of such Act (42 

20 U.S.C. 1973gg–5(a)(6)(B)) shall not apply with re21 spect to any of the voter registration forms distrib22 uted by the polling place pursuant to this sub23 section.’’. 


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1 (c) INCLUSION IN VOTING INFORMATION REQUIRE2 MENTS.—Section 302(b)(2) of such Act (42 U.S.C. 

3 14582(b)(2)) is amended— 

4 (1) in subparagraph (E), by inserting ‘‘and the 

5 right to re-register to vote at the polling place on the 

6 date of an election and vote in that election’’ after 

7 ‘‘provisional ballot’’; 

8 (2) by redesignating subparagraphs (E) and 

9 (F) as subparagraphs (F) and (G); and 

10 (3) by inserting after subparagraph (D) the fol11 lowing new subparagraph: 

12 ‘‘(E) instructions for individuals re-reg13 istering to vote at the polling place under sec14 tion 303(d);’’. 

15 (d) EFFECTIVE DATE.—Section 303(e) of such Act 

16 (42 U.S.C. 15483(e)), as redesignated by subsection (b), 

17 is amended by adding at the end the following new para18 graph: 

19 ‘‘(3) REQUIREMENT FOR VOTER RE-REGISTRA20 TION ON DATE OF ELECTION.—Each State and ju21 risdiction shall be required to comply with the re22 quirements of subsection (d) with respect to the reg23 ularly scheduled general election for Federal office 

24 held in November 2008 and each succeeding election 

25 for Federal office.’’. 


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1 SEC. 3. UNIFORM STANDARD FOR TREATMENT OF PROVI2 SIONAL BALLOTS CAST AT INCORRECT POLL3 ING PLACES. 

4 (a) IN GENERAL.—Section 302(a)(4) of the Help 

5 America Vote Act of 2002 (42 U.S.C. 15482(a)(4)) is 

6 amended to read as follows: 

7 ‘‘(4) The provisional ballot of an individual who 

8 is a registered voter in a jurisdiction in a State and 

9 who is eligible to vote in an election for Federal of10 fice in the State shall be counted as a vote in such 

11 an election if the appropriate State or local election 

12 official to whom the ballot or voter information is 

13 transmitted under paragraph (3)— 

14 ‘‘(A) in the case of an election for electors 

15 for President or for the office of a Senator, de16 termines that the individual is registered to vote 

17 in the State in which the provisional ballot is 

18 cast; and 

19 ‘‘(B) in the case of an election for the of20 fice of a Member of the House of Representa21 tives (including a Delegate or Resident Com22 missioner to the Congress), determines that the 

23 individual is registered to vote in the Congres24 sional district in which the provisional ballot is 

25 cast.’’. 


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1 (b) RESPONSIBILITY OF ELECTION OFFICIAL TO NO2 TIFY INDIVIDUAL OF DETERMINATION OF ELIGIBILITY OF

3 BALLOT.— 

4 (1) IN GENERAL.—Section 302(a)(5) of such 

5 Act (42 U.S.C. 15482(a)(5)) is amended to read as 

6 follows: 

7 ‘‘(5)(A) Not later than 24 hours after deter8 mining whether or not the vote of an individual who 

9 casts a provisional ballot in an election will be count10 ed in that election under this Act, the appropriate 

11 State or local election official shall notify the indi12 vidual of the determination and (if the determination 

13 is made that the vote will not be counted) the rea14 sons for the determination and the individual’s right 

15 to challenge the determination under the procedures 

16 established under subparagraph (B). 

17 ‘‘(B) Each State shall establish procedures, in18 cluding a free access system (such as a toll-free tele19 phone number or an Internet website), under which 

20 an individual who casts a provisional ballot in an 

21 election and who is notified by the appropriate State 

22 or local election official that the provisional ballot 

23 cast by the individual will not be counted as a vote 

24 in the election may challenge the determination prior 

25 to the final tabulation of ballots in the election. 


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1 ‘‘(C) In carrying out subparagraph (B), each 

2 State shall ensure that, in each jurisdiction of the 

3 State, an appropriate State or local election official 

4 operates open office hours for at least 8 hours on 

5 the day after the date of the election, during which 

6 a voter who cast a provisional ballot in the election 

7 may contact the official and challenge the deter8 mination under the procedures established under 

9 subparagraph (B).’’. 

10 (2) CONFORMING AMENDMENT.—Section 

11 302(a) of such Act (42 U.S.C. 15482(a)) is amend12 ed in the matter following paragraph (5) by striking 

13 ‘‘The appropriate State or local official’’ and all that 

14 follows through ‘‘paragraph (5)(B).’’. 

15 (c) EFFECTIVE DATE.—Section 302(d) of such Act 

16 (42 U.S.C. 15482(d)) is amended to read as follows: 

17 ‘‘(d) EFFECTIVE DATE.— 

18 ‘‘(1) IN GENERAL.—Except as provided in para19 graph (2), each State and jurisdiction shall be re20 quired to comply with the requirements of this sec21 tion on and after January 1, 2004. 

22 ‘‘(2) DELAYED EFFECTIVE DATE FOR CERTAIN

23 PROVISION.—To the extent that any provision of this 

24 section was amended by the Make Provisional Bal25 lots Count Act of 2008, such provision shall apply 


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1 with respect to the regularly scheduled general elec2 tion for Federal office held in November 2008 and 

3 each succeeding election for Federal office.’’. 

Æ 


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