I 

108TH CONGRESS 

2D SESSION H. R. 5191

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, in the event of an unresolved controversy or contest relating to the counting of votes in any State, and 

for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 30, 2004

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, in the event of an unresolved controversy or contest relating to the counting of votes 

in any State, 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 ‘‘Count Every Vote Act 

3 of 2004’’. 

4 SEC. 2. EXTENSION OF DATES PROVIDED FOR MEETING OF 

5 ELECTORS AND JOINT SESSION OF CON6 GRESS FOR COUNTING ELECTORAL VOTES IN 

7 EVENT OF UNRESOLVED CONTROVERSY OR 

8 CONTEST IN ANY STATE. 

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

10 of title 3, United States Code, is amended—

11 (1) by striking ‘‘The electors’’ and inserting 

12 ‘‘(a) IN GENERAL.—Except as provided in sub13 section (b), the electors’’; and 

14 (2) by adding at the end the following new sub15 section: 

16 ‘‘(b) SPECIAL RULE IN EVENT OF UNRESOLVED

17 CONTROVERSY OR CONTEST IN ANY STATE.—Notwith18 standing the date provided under subsection (a), the elec19 tors of President and Vice President of each State shall 

20 meet and give their votes on the first day (or, if such day 

21 is a Sunday, the second day) occurring after the January 

22 1 that next follows their appointment if—

23 ‘‘(1) a controversy or contest concerning the ap24 pointment of all or any of the electors of any State 

25 has been filed; and 
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1 ‘‘(2) a final determination of the controversy or 

2 contest has not been made at least 3 days prior to 

3 the date described in subsection (a).’’. 

4 (b) DEADLINES FOR DELIVERY OF CERTIFICATES

5 AND VOTES BY STATES.—

6 (1) CERTIFICATE OF APPOINTED ELECTORS.—

7 Section 6 of such title is amended by inserting after 

8 ‘‘communicate by registered mail under the seal of 

9 the State’’ the following: ‘‘(or, if the special rule de10 scribed in section 7(b) is in effect with respect to the 

11 election, communicate by such method as may be ap12 propriate, including overnight delivery or a secure 

13 form of electronic transmission, to ensure receipt not 

14 later than the second day that follows the date de15 scribed in section 7(b))’’. 

16 (2) DISPOSITION OF CERTIFICATES BY ELEC17 TORS.—Section 11 of such title is amended—

18 (A) by striking ‘‘The electors shall dis19 pose’’ and inserting ‘‘(a) IN GENERAL.—Except 

20 as provided in subsection (b), the electors shall 

21 dispose’’; and 

22 (B) by adding at the end the following new 

23 subsection: 

24 ‘‘(b) SPECIAL RULE IN EVENT OF UNRESOLVED

25 CONTROVERSY OR CONTEST.—If the special rule de-
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1 scribed in section 7(b) is in effect with respect to the elec2 tion, the electors shall carry out the delivery and trans3 mission requirements of this section by such method as 

4 may be appropriate, including overnight delivery or a se5 cure form of electronic transmission, to ensure receipt of 

6 the certificates and lists by the President of the Senate 

7 and the Archivist of the United States not later than the 

8 second day that follows the date described in section 

9 7(b).’’. 

10 (3) FINAL DEADLINE FOR DELIVERY.—Section 

11 12 of such title is amended—

12 (A) by striking ‘‘When no certificate’’ and 

13 inserting ‘‘(a) IN GENERAL.—Except as pro14 vided in subsection (b), when no certificate’’; 

15 and 

16 (B) by adding at the end the following new 

17 subsection: 

18 ‘‘(b) SPECIAL RULE IN EVENT OF UNRESOLVED

19 CONTROVERSY OR CONTEST.—If the special rule de20 scribed in section 7(b) is in effect with respect to the elec21 tion, the Secretary of State of each State shall take such 

22 action as may be necessary (including overnight delivery 

23 or a secure form of electronic transmission) to ensure that 

24 the certificate of vote and list mentioned in sections 9 and 

25 11 is received by the President of the Senate or the Archi-
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1 vist of the United States not later than the second day 

2 that follows the date described in section 7(b).’’. 

3 (4) DEMAND ON DISTRICT COURT JUDGE.—

4 Section 13 of such title is amended—

5 (A) by striking ‘‘When no certificates’’ and 

6 inserting ‘‘(a) IN GENERAL.—Except as pro7 vided in subsection (b), when no certificates’’; 

8 and 

9 (B) by adding at the end the following new 

10 subsection: 

11 ‘‘(b) SPECIAL RULE IN EVENT OF UNRESOLVED

12 CONTROVERSY OR CONTEST.—If the special rule de13 scribed in section 7(b) is in effect with respect to the elec14 tion, the district judge referred to in subsection (a) shall 

15 take such action as may be necessary (including overnight 

16 delivery or a secure form of electronic transmission) to en17 sure that the list described in such subsection is received 

18 by the President of the Senate or the Archivist of the 

19 United States not later than the second day that follows 

20 the date described in section 7(b).’’. 

21 (c) JOINT SESSION FOR COUNTING ELECTORAL

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

23 amended by striking the period at the end and inserting 

24 the following: ‘‘, or if the special rule described in section 

25 7(b) is in effect, on the second day (or, if such day is 
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1 a Sunday, the third day) that follows the deadline for the 

2 receipt of certificates and votes by the President of the 

3 Senate or the Archivist of the United States under section 

4 12(b).’’. 

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 2004 

14 and each succeeding Presidential election.

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