I 

110TH CONGRESS 

1ST SESSION H. R. 1646 

To amend the Help America Vote Act of 2002 to require States to implement 

procedures for tracking ballots which are transmitted by mail, and for 

other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 22, 2007 

Mrs. DAVIS of California 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 require 

States to implement procedures for tracking ballots 

which are transmitted by mail, 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 ‘‘Mail-In Ballot Track5 ing Act of 2007’’. 


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1 SEC. 2. REQUIREMENTS FOR TRACKING BALLOTS TRANS2 MITTED BY MAIL. 

3 (a) REQUIRING STATES TO MEET REQUIRE4 MENTS.—Subtitle A of title III of the Help America Vote 

5 Act of 2002 (42 U.S.C. 15481 et seq.) is amended— 

6 (1) by redesignating sections 304 and 305 as 

7 sections 305 and 306; and 

8 (2) by inserting after section 303 the following 

9 new section: 

10 ‘‘SEC. 304. REQUIREMENTS FOR TRACKING BALLOTS 

11 TRANSMITTED BY MAIL. 

12 ‘‘(a) IN GENERAL.— 

13 ‘‘(1) TRACKING REQUIREMENTS.—Each State 

14 and jurisdiction which transmits ballots by mail in 

15 the administration of an election for Federal office 

16 shall implement such procedures as the State or ju17 risdiction considers appropriate to ensure that the 

18 ballots may be tracked throughout the administra19 tion of the election, including procedures to ensure 

20 that— 

21 ‘‘(A) the appropriate election official may 

22 track the progress of the ballot through the 

23 mail from the time it is transmitted to the voter 

24 until it is received by the appropriate election 

25 official; and 


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1 ‘‘(B) a voter who casts a ballot by mail 

2 may track the progress of the ballot using the 

3 Internet, an automated telephone system, and 

4 such other methods as the State or jurisdiction 

5 considers appropriate. 

6 ‘‘(2) SPECIFIC EVENTS TO BE TRACKED.— 

7 Under the procedures implemented pursuant to this 

8 subsection, an individual shall be able to determine 

9 whether each of the following has occurred with re10 spect to a ballot transmitted by mail: 

11 ‘‘(A) The ballot has been transmitted by 

12 the appropriate election official. 

13 ‘‘(B) The ballot has been processed by the 

14 Postal Service, including the determination of 

15 the date and time of processing and the location 

16 of the processing facility involved. 

17 ‘‘(C) After the individual has submitted 

18 the ballot by mail, the ballot has been received 

19 by the appropriate election official. 

20 ‘‘(D) The appropriate election official has 

21 made a determination as to whether or not the 

22 ballot has been validly cast, including whether 

23 or not the individual has met any applicable 

24 signature requirements. 


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1 ‘‘(E) The ballot has been counted or re2 jected by the appropriate election official. 

3 ‘‘(3) PROTECTION OF PRIVACY OF INFORMA4 TION.—In carrying out paragraph (1), the State and 

5 jurisdiction shall ensure that a ballot may be tracked 

6 without revealing or exposing the content of the bal7 lot to unauthorized individuals. 

8 ‘‘(b) EXCEPTION FOR BALLOTS OF ABSENT OVER9 SEAS AND MILITARY VOTERS.—The requirements of this 

10 section do not apply with respect to a ballot which is trans11 mitted to or submitted by an individual who is entitled 

12 to vote by absentee ballot under the Uniformed and Over13 seas Citizens Absentee Voting Act. 

14 ‘‘(c) EFFECTIVE DATE.—This section shall apply 

15 with respect to the regularly scheduled general election for 

16 Federal office held in November 2010 and each succeeding 

17 election for Federal office.’’. 

18 (b) AVAILABILITY OF ENFORCEMENT.—Section 401 

19 of such Act (42 U.S.C. 15511) is amended by striking 

20 ‘‘and 303’’ and inserting ‘‘303, and 304’’. 

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

22 of such Act is amended— 

23 (1) by redesignating the items relating to sec24 tions 304 and 305 as relating to sections 305 and 

25 306; and 


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1 (2) by inserting after the item relating to sec2 tion 303 the following new item: 

‘‘Sec. 304. Requirements for tracking ballots transmitted by mail.’’. 

3 SEC. 3. REAUTHORIZATION OF REQUIREMENTS PAYMENTS 

4 FOR STATES. 

5 Section 257(a) of the Help America Vote Act of 2002 

6 (42 U.S.C. 15407(a)) is amended by adding at the end 

7 the following new paragraph: 

8 ‘‘(4) For fiscal year 2008, such sums as may be 

9 necessary.’’. 

Æ 


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