I 

111TH CONGRESS 

1ST SESSION H. R. 3489 

To amend the Help America Vote Act of 2002 to prohibit State election 

officials from accepting a challenge to an individual’s eligibility to register 

to vote in an election for Federal office or to vote in an election for 

Federal office in a jurisdiction on the grounds that the individual resides 

in a household in the jurisdiction which is subject to foreclosure proceedings or that the jurisdiction was adversely affected by a hurricane 

or other major disaster, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 31, 2009 

Mr. JACKSON of Illinois (for himself, Mr. WATT, Mr. CONYERS, Ms. ZOE

LOFGREN of California, Mr. CAPUANO, Mr. GONZALEZ, Mr. DAVIS of 

Alabama, Ms. LEE of California, Mr. SCOTT of Virginia, Mr. NADLER of 

New York, and 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 prohibit 

State election officials from accepting a challenge to an 

individual’s eligibility to register to vote in an election 

for Federal office or to vote in an election for Federal 

office in a jurisdiction on the grounds that the individual 

resides in a household in the jurisdiction which is subject 

to foreclosure proceedings or that the jurisdiction was 

adversely affected by a hurricane or other major disaster, 

and for other purposes. 


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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. PROHIBITING ACCEPTANCE OF CHALLENGES 

4 TO ELIGIBILITY TO REGISTER OR VOTE IN 

5 FEDERAL ELECTIONS NOT BASED ON GOOD 

6 CAUSE OR BASED ON RESIDENCE IN PROP7 ERTY SUBJECT TO FORECLOSURE PRO8 CEEDINGS OR IN AREA DAMAGED BY HURRI9 CANE OR OTHER MAJOR DISASTER. 

10 (a) IN GENERAL.—Subtitle A of title III of the Help 

11 America Vote Act of 2002 (42 U.S.C. 15481 et seq.) is 

12 amended by inserting after section 303 the following new 

13 section: 

14 ‘‘SEC. 303A. PROHIBITING ACCEPTANCE OF CHALLENGES 

15 TO ELIGIBILITY TO REGISTER OR ELIGI16 BILITY TO VOTE IN FEDERAL ELECTIONS NOT 

17 BASED ON GOOD CAUSE. 

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

19 may not accept a challenge to an individual’s eligibility 

20 to register to vote in an election for Federal office in a 

21 jurisdiction or to vote in an election for Federal office in 

22 a jurisdiction which is not based on good cause. 

23 ‘‘(b) CHALLENGES BASED ON CERTAIN GROUNDS

24 NOT CONSIDERED GOOD CAUSE.—For purposes of sub25 section (a), a challenge to an individual’s eligibility to regVerDate Nov 24 2008 04:12 Aug 04, 2009 Jkt 079200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3489.IH H3489

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1 ister to vote in an election for Federal office in a jurisdic2 tion or to vote in an election for Federal office in a juris3 diction is not based on good cause if the challenge is based 

4 on any of the following grounds: 

5 ‘‘(1) The individual resides in a household in 

6 the jurisdiction which is subject to foreclosure pro7 ceedings. 

8 ‘‘(2) The jurisdiction is included in a geo9 graphic area which was adversely affected by a hur10 ricane or other major disaster declared by the Presi11 dent under section 401 of the Robert T. Stafford 

12 Disaster Relief and Emergency Assistance Act (42 

13 U.S.C. 5170). 

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 subse17 quent election for Federal office.’’. 

18 (b) CONFORMING AMENDMENT RELATING TO EN19 FORCEMENT.—Section 401 of such Act (42 U.S.C. 15511) 

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

21 303A’’. 

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

23 of the Help America Vote Act of 2002 is amended by in24 serting after the item relating to section 303 the following 

25 new item: 


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‘‘Sec. 303A. Prohibiting acceptance of challenges to eligibility to register or eligibility to vote in Federal elections not based on good cause.’’. 

Æ 


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