Protecting American Votes Act

To amend the Help America Vote Act of 2002 to require States to allow an individual to cure a mismatched signature on a mail-in or provisional ballot, and for other purposes. 1. Short title This Act may be cited as the Protecting American Votes Act 2. Purpose The purpose of this Act is— (1) to protect the due process rights of American voters; (2) to preserve free and fair elections; and (3) to prevent the disenfranchisement of eligible voters. 3. Notice and cure process required for mismatched signatures on mail-in and provisional ballots (a) In general Title III of the Help America Vote Act of 2002 ( 52 U.S.C. 21083 (1) by redesignating sections 304 and 305 as sections 305 and 306, respectively; and (2) by inserting after section 303 the following new section: 304. Signature mismatch on ballot submitted by mail or provisional ballot (a) Covered State defined In this section, the term covered State (b) Notice required (1) In general If an individual submits a ballot by mail or a provisional ballot in an election for Federal office in a covered State, and the appropriate State or local election official determines that a discrepancy exists between the signature on the envelope containing such ballot or a document accompanying such ballot used to verify the signature and the signature of such individual on the official list of registered voters in the State or other official record, or other document used by the State to verify the signatures of voters, such election official, prior to making a final determination as to the validity of such ballot, shall make a good faith effort to immediately notify such individual that— (A) a discrepancy exists between the signature on the envelope containing such ballot or a document accompanying such ballot used to verify the signature and the signature of such individual on the official list of registered voters in the State or other official record, or other document used by the State to verify the signatures of voters; (B) such individual may provide information to cure such discrepancy in accordance with the procedures established pursuant to subsection (c)(1)(A); and (C) if such discrepancy is not cured, such ballot will not be counted. (2) Form of notice An election official shall provide the notice required by paragraph (1)— (A) by regular mail; and (B) by phone, electronic mail, or text message. (3) No effect on other notice requirements related to provisional ballots In the case of an individual who submits a provisional ballot, the requirements of this subsection shall be in addition to the requirements applicable to such an individual under section 302(a). (c) Opportunity To cure (1) Establishment of procedures A covered State shall, in a uniform and nondiscriminatory manner, establish procedures— (A) to allow an individual to whom notice is provided under subsection (b)— (i) to provide information to cure the discrepancy described in subsection (b)(1) by a date that is not less than 10 calendar days following the date on which the notice required under subsection (a) is given; and (ii) if such information is rejected, to appeal the rejection; and (B) prior to the date of final certification of ballots in the election by such State, to provide such individual a final determination as to the validity of the ballot. (2) Counting of vote If the appropriate State or local election official to whom information is provided under the procedures established pursuant to paragraph (1)(A) determines that the individual has a valid ballot, such ballot shall be counted as a vote in that election in accordance with State law. (d) Training required A covered State shall prohibit an election official from participating in the counting of ballots submitted by mail or provisional ballots unless such official has completed formal signature matching training (as determined appropriate by the covered State). (e) Report (1) In general Not later than 120 days after the end of a Federal election cycle, each chief State election official in a covered State shall submit to Congress a report containing the following information for the applicable Federal election cycle in the State: (A) The number of ballots invalidated due to a discrepancy under this section. (B) Description of attempts to contact voters to provide notice as required by this section. (C) Description of the cure process developed by such State pursuant to this section, including the number of ballots determined valid as a result of such process. (2) Federal election cycle defined For purposes of this subsection, the term Federal election cycle . (b) Conforming amendment relating to voluntary guidance by Election Assistance Commission Section 311(b) of such Act ( 52 U.S.C. 21101 (1) in paragraph (2), by striking and (2) in paragraph (3), by striking the period at the end and inserting ; and (3) by adding at the end the following: (4) in the case of the recommendations with respect to section 304, 1 year after the date of enactment of the Protecting American Votes Act. . (c) Conforming amendment relating to enforcement Section 401 of such Act ( 52 U.S.C. 21111 (d) Clerical amendments The table of contents of such Act is amended— (1) by redesignating the items relating to sections 304 and 305 as relating to sections 305 and 306, respectively; and (2) by inserting after the item relating to section 303 the following new item: Sec. 304. Signature mismatch on ballot submitted by mail or provisional ballot. . 4. Effective date The amendments by made this Act shall apply with respect to elections for Federal office held in 2020 or any succeeding year.

Summary: Protecting American Votes Act This bill sets forth requirements for states using signature verification for ballots submitted by mail. These states must provide notice to individuals if the state determines a discrepancy exists between the submitted signature and the signature in the official record. The notice must include information regarding curing the discrepancy. Additionally, these states must establish procedures for voters (1) to submit information to cure a discrepancy, and (2) to appeal a rejection of this information. These states must report to Congress regarding the number of ballots invalidated due to a signature discrepancy, a description of attempts to notify voters of any discrepancy, a description of the cure process, and the number of ballots determined valid as a result.