Count Every Vote Act of 2020

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, and for other purposes. 1. Short title This Act may be cited as the Count Every Vote Act of 2020 2. Extension of dates provided for meeting of electors and joint session of Congress for counting electoral votes (a) Meeting of Electors in States Section 7 of title 3, United States Code, is amended by striking the first Monday after the second Wednesday in December next following their appointment the first day (or, if such day is a Sunday, the second day) occurring after the January 1 that next follows their appointment (b) Ensuring Timely Delivery of Certificates and Votes by States (1) Certificate of appointed electors Section 6 of such title is amended by striking communicate by registered mail under the seal of the State to the Archivist of the United States communicate to the Archivist of the United States, by the most expeditious method available (including overnight delivery or a secure form of electronic transmission) to ensure receipt not later than the second day that follows the date described in section 7, (2) Disposition of certificates by electors Section 11 of such title is amended— (A) by striking by registered mail (B) by striking The electors shall dispose (a) In General.— (C) by adding at the end the following new subsection: (b) Method of Delivery and Transmission The electors shall carry out the delivery and transmission requirements of this section by the most expeditious method available (including overnight delivery or a secure form of electronic transmission) to ensure receipt of the certificates and lists by the President of the Senate and the Archivist of the United States not later than the second day that follows the date described in section 7. . (3) Final deadline for delivery Section 12 of such title is amended— (A) by striking the fourth Wednesday in December the second day that follows the date described in section 7 (B) by striking transmit same by registered mail to the President of the Senate at the seat of government transmit such certificate and list to the President of the Senate at the seat of government by such method as may be necessary (including overnight delivery or a secure form of electronic transmission) to ensure that such certificate and list is received by the President of the Senate or the Archivist of the United States not later than the second day that follows the date described in section 7 (4) Demand on district court judge Section 13 of such title is amended— (A) by striking the fourth Wednesday in December the second day that follows the date described in section 7 (B) by striking send a special messenger to immediately notify (C) by striking shall forthwith transmit that list by the hand of the messenger to the seat of government shall take such action as may be necessary (including overnight delivery or a secure form of electronic transmission) to ensure that such certificate and list is received by the President of the Senate not later than 24 hours after receipt of the Archivist’s notice (c) Joint Session for Counting Electoral Votes The first sentence of section 15 of such title is amended by striking the sixth day of January succeeding every meeting of the electors the second day (or, if such day is a Sunday, the third day) that follows the deadline for the receipt of certificates and votes by the President of the Senate or the Archivist of the United States under section 12 3. Extension of Safe Harbor Period for Resolution of Controversy or Contest Regarding Appointment of Electors Section 5 of title 3, United States Code, is amended by striking six days 3 days 4. Effective Date The amendments made by this Act shall apply with respect to the Presidential election held in November 2020 and each succeeding Presidential election.

Summary: Count Every Vote Act of 2020 This bill revises the electoral college's time frame for presidential elections, particularly with regard to the meeting of electors and the counting of electoral votes. First, the bill requires states to make final determinations of controversies or contests as to the appointment of electors within three (instead of six) days before the electors meet in their respective states to cast their votes for President and Vice President. Further, it extends the date for state electors to meet and vote from the first Monday after the second Wednesday in December following their appointment to the first day after January 1 following their appointment. In addition, it requires states to deliver certificates of electoral votes in the most expeditious method available, including by overnight delivery or a secure form of electronic transmission. Currently, states may transmit these certificates only by registered mail. Finally, the bill changes the date for the joint session of Congress to count electoral votes from the sixth day of January succeeding the meeting of the state electors to the second day following the extended deadline for the receipt of certificates and votes by the President of the Senate or the Archivist of the United States.