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 con-
troversy 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 con-
troversy or contest relating to the counting of votes 
in any State, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Count Every Vote Act 
of 2004’’. 
SEC. 2. EXTENSION OF DATES PROVIDED FOR MEETING OF 
ELECTORS AND JOINT SESSION OF CON-
GRESS FOR COUNTING ELECTORAL VOTES IN 
EVENT OF UNRESOLVED CONTROVERSY OR 
CONTEST IN ANY STATE. 
(a) MEETING OF ELECTORS IN STATES.—Section 7 
of title 3, United States Code, is amended—
(1) by striking ‘‘The electors’’ and inserting 
‘‘(a) IN GENERAL.—Except as provided in sub-
section (b), the electors’’; and 
(2) by adding at the end the following new sub-
section: 
‘‘(b) SPECIAL RULE
IN EVENT
OF UNRESOLVED 
CONTROVERSY OR CONTEST IN ANY STATE.—Notwith-
standing the date provided under subsection (a), the elec-
tors of President and Vice President of each State shall 
meet and give their votes on the first day (or, if such day 
is a Sunday, the second day) occurring after the January 
1 that next follows their appointment if—
‘‘(1) a controversy or contest concerning the ap-
pointment of all or any of the electors of any State 
has been filed; and
‘‘(2) a final determination of the controversy or 
contest has not been made at least 3 days prior to 
the date described in subsection (a).’’. 
(b) DEADLINES FOR DELIVERY OF CERTIFICATES 
AND VOTES BY STATES.—
(1) CERTIFICATE OF APPOINTED ELECTORS.—
Section 6 of such title is amended by inserting after 
‘‘communicate by registered mail under the seal of 
the State’’ the following: ‘‘(or, if the special rule de-
scribed in section 7(b) is in effect with respect to the 
election, communicate by such method as may be ap-
propriate, including overnight delivery or a secure 
form of electronic transmission, to ensure receipt not 
later than the second day that follows the date de-
scribed in section 7(b))’’. 
(2) DISPOSITION OF CERTIFICATES BY ELEC-
TORS.—Section 11 of such title is amended—
(A) by striking ‘‘The electors shall dis-
pose’’ and inserting ‘‘(a) IN GENERAL.—Except 
as provided in subsection (b), the electors shall 
dispose’’; and 
(B) by adding at the end the following new 
subsection: 
‘‘(b) SPECIAL RULE
IN EVENT
OF UNRESOLVED 
CONTROVERSY
OR CONTEST.—If the special rule de-
scribed in section 7(b) is in effect with respect to the elec-
tion, the electors shall carry out the delivery and trans-
mission requirements of this section by such method as 
may be appropriate, including overnight delivery or a se-
cure 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(b).’’. 
(3) FINAL DEADLINE FOR DELIVERY.—Section 
12 of such title is amended—
(A) by striking ‘‘When no certificate’’ and 
inserting ‘‘(a) IN GENERAL.—Except as pro-
vided in subsection (b), when no certificate’’; 
and 
(B) by adding at the end the following new 
subsection: 
‘‘(b) SPECIAL RULE
IN EVENT
OF UNRESOLVED 
CONTROVERSY
OR CONTEST.—If the special rule de-
scribed in section 7(b) is in effect with respect to the elec-
tion, the Secretary of State of each State shall take such 
action as may be necessary (including overnight delivery 
or a secure form of electronic transmission) to ensure that 
the certificate of vote and list mentioned in sections 9 and 
11 is received by the President of the Senate or the Archi-
vist of the United States not later than the second day 
that follows the date described in section 7(b).’’. 
(4) DEMAND
ON
DISTRICT
COURT
JUDGE.—
Section 13 of such title is amended—
(A) by striking ‘‘When no certificates’’ and 
inserting ‘‘(a) IN GENERAL.—Except as pro-
vided in subsection (b), when no certificates’’; 
and 
(B) by adding at the end the following new 
subsection: 
‘‘(b) SPECIAL RULE
IN EVENT
OF UNRESOLVED 
CONTROVERSY
OR CONTEST.—If the special rule de-
scribed in section 7(b) is in effect with respect to the elec-
tion, the district judge referred to in subsection (a) shall 
take such action as may be necessary (including overnight 
delivery or a secure form of electronic transmission) to en-
sure that the list described in such subsection 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(b).’’. 
(c) JOINT SESSION
FOR COUNTING ELECTORAL 
VOTES.—The first sentence of section 15 of such title is 
amended by striking the period at the end and inserting 
the following: ‘‘, or if the special rule described in section 
7(b) is in effect, on 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(b).’’. 
SEC. 3. EXTENSION OF SAFE HARBOR PERIOD FOR RESO-
LUTION OF CONTROVERSY OR CONTEST RE-
GARDING APPOINTMENT OF ELECTORS. 
Section 5 of title 3, United States Code, is amended 
by striking ‘‘six days’’ each place it appears and inserting 
‘‘3 days’’. 
SEC. 4. EFFECTIVE DATE. 
The amendments made by this Act shall apply with 
respect to the Presidential election held in November 2004 
and each succeeding Presidential election.
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