‘‘(B) for use by States to send voter reg-
istration applications and absentee ballot appli-
cations requested under such subsection; and 
‘‘(C) for the purpose of providing related 
voting, balloting, and election information to in-
dividuals with disabilities. 
‘‘(2) CLARIFICATION REGARDING PROVISION OF 
MULTIPLE
MEANS
OF
ELECTRONIC
COMMUNICA-
TION.—A State may, in addition to the means of 
electronic communication so designated, provide 
multiple means of electronic communication to indi-
viduals with disabilities, including a means of elec-
tronic communication for the appropriate jurisdic-
tion of the State. 
‘‘(3) INCLUSION
OF
DESIGNATED
MEANS
OF 
ELECTRONIC
COMMUNICATION
WITH
INFORMA-
TIONAL AND INSTRUCTIONAL MATERIALS THAT AC-
COMPANY BALLOTING MATERIALS.—Each State shall 
include a means of electronic communication so des-
ignated with all informational and instructional ma-
terials that accompany balloting materials sent by 
the State to individuals with disabilities. 
‘‘(4) TRANSMISSION IF NO PREFERENCE INDI-
CATED.—In the case where an individual with a dis-
ability does not designate a preference under sub-
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section (a)(3)(C), the State shall transmit the voter 
registration application or absentee ballot application 
by any delivery method allowable in accordance with 
applicable State law, or if there is no applicable 
State law, by mail. 
‘‘(d) TRANSMISSION OF BLANK ABSENTEE BALLOTS 
BY MAIL AND ELECTRONICALLY.— 
‘‘(1) IN GENERAL.—Each State shall establish 
procedures— 
‘‘(A) to securely transmit blank absentee 
ballots by mail and electronically (in accordance 
with the preferred method of transmission des-
ignated by the individual with a disability under 
subparagraph (B)) to individuals with disabil-
ities for an election for Federal office; and 
‘‘(B) by which the individual with a dis-
ability can designate whether the individual pre-
fers that such blank absentee ballot be trans-
mitted by mail or electronically. 
‘‘(2) TRANSMISSION IF NO PREFERENCE INDI-
CATED.—In the case where an individual with a dis-
ability does not designate a preference under para-
graph (1)(B), the State shall transmit the ballot by 
any delivery method allowable in accordance with ap-
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plicable State law, or if there is no applicable State 
law, by mail. 
‘‘(3) APPLICATION OF METHODS TO TRACK DE-
LIVERY TO AND RETURN OF BALLOT BY INDIVIDUAL 
REQUESTING BALLOT.—Under the procedures estab-
lished under paragraph (1), the State shall apply 
such methods as the State considers appropriate, 
such as assigning a unique identifier to the ballot, 
to ensure that if an individual with a disability re-
quests the State to transmit a blank absentee ballot 
to the individual in accordance with this subsection, 
the voted absentee ballot which is returned by the 
individual is the same blank absentee ballot which 
the State transmitted to the individual. 
‘‘(e) HARDSHIP EXEMPTION.— 
‘‘(1) IN GENERAL.—If the chief State election 
official determines that the State is unable to meet 
the requirement under subsection (a)(5)(A) with re-
spect to an election for Federal office due to an 
undue hardship described in paragraph (2)(B), the 
chief State election official shall request that the At-
torney General grant a waiver to the State of the 
application of such subsection. Such request shall in-
clude— 
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‘‘(A) a recognition that the purpose of 
such subsection is to individuals with disabil-
ities enough time to vote in an election for Fed-
eral office; 
‘‘(B) an explanation of the hardship that 
indicates why the State is unable to transmit 
such individuals an absentee ballot in accord-
ance with such subsection; 
‘‘(C) the number of days prior to the elec-
tion for Federal office that the State requires 
absentee ballots be transmitted to such individ-
uals; and 
‘‘(D) a comprehensive plan to ensure that 
such individuals are able to receive absentee 
ballots which they have requested and submit 
marked absentee ballots to the appropriate 
State election official in time to have that ballot 
counted in the election for Federal office, which 
includes— 
‘‘(i) the steps the State will undertake 
to ensure that such individuals have time 
to receive, mark, and submit their ballots 
in time to have those ballots counted in the 
election; 
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‘‘(ii) why the plan provides such indi-
viduals sufficient time to vote as a sub-
stitute for the requirements under such 
subsection; and 
‘‘(iii) the underlying factual informa-
tion which explains how the plan provides 
such sufficient time to vote as a substitute 
for such requirements. 
‘‘(2) APPROVAL
OF
WAIVER
REQUEST.—The 
Attorney General shall approve a waiver request 
under paragraph (1) if the Attorney General deter-
mines each of the following requirements are met: 
‘‘(A) The comprehensive plan under sub-
paragraph (D) of such paragraph provides indi-
viduals with disabilities sufficient time to re-
ceive absentee ballots they have requested and 
submit marked absentee ballots to the appro-
priate State election official in time to have that 
ballot counted in the election for Federal office. 
‘‘(B) One or more of the following issues 
creates an undue hardship for the State: 
‘‘(i) The State’s primary election date 
prohibits the State from complying with 
subsection (a)(5)(A). 
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‘‘(ii) The State has suffered a delay in 
generating ballots due to a legal contest. 
‘‘(iii) The State Constitution prohibits 
the State from complying with such sub-
section. 
‘‘(3) TIMING OF WAIVER.— 
‘‘(A) IN
GENERAL.—Except as provided 
under subparagraph (B), a State that requests 
a waiver under paragraph (1) shall submit to 
the Attorney General the written waiver request 
not later than 90 days before the election for 
Federal office with respect to which the request 
is submitted. The Attorney General shall ap-
prove or deny the waiver request not later than 
65 days before such election. 
‘‘(B) EXCEPTION.—If a State requests a 
waiver under paragraph (1) as the result of an 
undue 
hardship 
described 
in 
paragraph 
(2)(B)(ii), the State shall submit to the Attor-
ney General the written waiver request as soon 
as practicable. The Attorney General shall ap-
prove or deny the waiver request not later than 
5 business days after the date on which the re-
quest is received. 
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‘‘(4) APPLICATION OF WAIVER.—A waiver ap-
proved under paragraph (2) shall only apply with re-
spect to the election for Federal office for which the 
request was submitted. For each subsequent election 
for Federal office, the Attorney General shall only 
approve a waiver if the State has submitted a re-
quest under paragraph (1) with respect to such elec-
tion. 
‘‘(f) RULE OF CONSTRUCTION.—Nothing in this sec-
tion may be construed to allow the marking or casting of 
ballots over the internet. 
‘‘(g) INDIVIDUAL WITH A DISABILITY DEFINED.— 
In this section, an ‘individual with a disability’ means an 
individual with an impairment that substantially limits 
any major life activities and who is otherwise qualified to 
vote in elections for Federal office. 
‘‘(h) EFFECTIVE DATE.—This section shall apply 
with respect to elections for Federal office held on or after 
January 1, 2022.’’. 
(b) 
CONFORMING
AMENDMENT
RELATING
TO 
ISSUANCE OF VOLUNTARY GUIDANCE BY ELECTION AS-
SISTANCE COMMISSION.— 
(1) TIMING OF ISSUANCE.—Section 311(b) of 
such Act (52 U.S.C. 21101(b)) is amended— 
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SEC. 2002. EXPANSION AND REAUTHORIZATION OF GRANT 
PROGRAM TO ASSURE VOTING ACCESS FOR 
INDIVIDUALS WITH DISABILITIES. 
(a) PURPOSES OF PAYMENTS.—Section 261(b) of the 
Help America Vote Act of 2002 (52 U.S.C. 21021(b)) is 
amended by striking paragraphs (1) and (2) and inserting 
the following: 
‘‘(1) making absentee voting and voting at 
home accessible to individuals with the full range of 
disabilities (including impairments involving vision, 
hearing, mobility, or dexterity) through the imple-
mentation of accessible absentee voting systems that 
work in conjunction with assistive technologies for 
which individuals have access at their homes, inde-
pendent living centers, or other facilities; 
‘‘(2) making polling places, including the path 
of travel, entrances, exits, and voting areas of each 
polling facility, accessible to individuals with disabil-
ities, including the blind and visually impaired, in a 
manner that provides the same opportunity for ac-
cess and participation (including privacy and inde-
pendence) as for other voters; and 
‘‘(3) providing solutions to problems of access 
to voting and elections for individuals with disabil-
ities that are universally designed and provide the 
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100 
same opportunities for individuals with and without 
disabilities.’’. 
(b) REAUTHORIZATION.—Section 264(a) of such Act 
(52 U.S.C. 21024(a)) is amended by adding at the end 
the following new paragraph: 
‘‘(4) For fiscal year 2022 and each succeeding 
fiscal year, such sums as may be necessary to carry 
out this part.’’. 
(c) PERIOD OF AVAILABILITY OF FUNDS.—Section 
264 of such Act (52 U.S.C. 21024) is amended— 
(1) in subsection (b), by striking ‘‘Any 
amounts’’ and inserting ‘‘Except as provided in sub-
section (b), any amounts’’; and 
(2) by adding at the end the following new sub-
section: 
‘‘(c) RETURN AND TRANSFER OF CERTAIN FUNDS.— 
‘‘(1) DEADLINE FOR OBLIGATION AND EXPEND-
ITURE.—In the case of any amounts appropriated 
pursuant to the authority of subsection (a) for a 
payment to a State or unit of local government for 
fiscal year 2022 or any succeeding fiscal year, any 
portion of such amounts which have not been obli-
gated or expended by the State or unit of local gov-
ernment prior to the expiration of the 4-year period 
which begins on the date the State or unit of local 
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101 
government first received the amounts shall be 
transferred to the Commission. 
‘‘(2) 
REALLOCATION
OF
TRANSFERRED 
AMOUNTS.— 
‘‘(A) IN GENERAL.—The Commission shall 
use the amounts transferred under paragraph 
(1) to make payments on a pro rata basis to 
each covered payment recipient described in 
subparagraph (B), which may obligate and ex-
pend such payment for the purposes described 
in section 261(b) during the 1-year period 
which begins on the date of receipt. 
‘‘(B) COVERED PAYMENT RECIPIENTS DE-
SCRIBED.—In subparagraph (A), a ‘covered 
payment recipient’ is a State or unit of local 
government with respect to which— 
‘‘(i) amounts were appropriated pur-
suant to the authority of subsection (a); 
and 
‘‘(ii) no amounts were transferred to 
the Commission under paragraph (1).’’. 
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102 
SEC. 2003. PILOT PROGRAMS FOR ENABLING INDIVIDUALS 
WITH DISABILITIES TO REGISTER TO VOTE 
PRIVATELY AND INDEPENDENTLY AT RESI-
DENCES. 
(a) ESTABLISHMENT
OF PILOT PROGRAMS.—The 
Election Assistance Commission (hereafter referred to as 
the ‘‘Commission’’) shall, subject to the availability of ap-
propriations to carry out this section, make grants to eligi-
ble States to conduct pilot programs under which individ-
uals with disabilities may use electronic means (including 
the internet and telephones utilizing assistive devices) to 
register to vote and to request and receive absentee ballots 
in a manner which permits such individuals to do so pri-
vately and independently at their own residences. 
(b) REPORTS.— 
(1) IN GENERAL.—A State receiving a grant for 
a year under this section shall submit a report to the 
Commission on the pilot programs the State carried 
out with the grant with respect to elections for pub-
lic office held in the State during the year. 
(2) DEADLINE.—A State shall submit a report 
under paragraph (1) not later than 90 days after 
the last election for public office held in the State 
during the year. 
(c) ELIGIBILITY.—A State is eligible to receive a 
grant under this section if the State submits to the Com-
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103 
mission, at such time and in such form as the Commission 
may require, an application containing such information 
and assurances as the Commission may require. 
(d) TIMING.—The Commission shall make the first 
grants under this section for pilot programs which will be 
in effect with respect to elections for Federal office held 
in 2022, or, at the option of a State, with respect to other 
elections for public office held in the State in 2022. 
(e) STATE DEFINED.—In this section, the term 
‘‘State’’ includes the District of Columbia, the Common-
wealth of Puerto Rico, Guam, American Samoa, the 
United States Virgin Islands, and the Commonwealth of 
the Northern Mariana Islands. 
SEC. 2004. GAO ANALYSIS AND REPORT ON VOTING ACCESS 
FOR INDIVIDUALS WITH DISABILITIES. 
(a) ANALYSIS.—The Comptroller General of the 
United States shall conduct an analysis after each regu-
larly scheduled general election for Federal office with re-
spect to the following: 
(1) In relation to polling places located in 
houses of worship or other facilities that may be ex-
empt from accessibility requirements under the 
Americans with Disabilities Act— 
(A) efforts to overcome accessibility chal-
lenges posed by such facilities; and 
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104 
(B) the extent to which such facilities are 
used as polling places in elections for Federal 
office. 
(2) Assistance provided by the Election Assist-
ance Commission, Department of Justice, or other 
Federal agencies to help State and local officials im-
prove voting access for individuals with disabilities 
during elections for Federal office. 
(3) When accessible voting machines are avail-
able at a polling place, the extent to which such ma-
chines— 
(A) are located in places that are difficult 
to access; 
(B) malfunction; or 
(C) fail to provide sufficient privacy to en-
sure that the ballot of the individual cannot be 
seen by another individual. 
(4) The process by which Federal, State, and 
local governments track compliance with accessibility 
requirements related to voting access, including 
methods to receive and address complaints. 
(5) The extent to which poll workers receive 
training on how to assist individuals with disabil-
ities, including the receipt by such poll workers of 
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105 
information on legal requirements related to voting 
rights for individuals with disabilities. 
(6) The extent and effectiveness of training pro-
vided to poll workers on the operation of accessible 
voting machines. 
(7) The extent to which individuals with a de-
velopmental or psychiatric disability experience 
greater barriers to voting, and whether poll worker 
training adequately addresses the needs of such indi-
viduals. 
(8) The extent to which State or local govern-
ments employ, or attempt to employ, individuals 
with disabilities to work at polling sites. 
(b) REPORT.— 
(1) IN
GENERAL.—Not later than 9 months 
after the date of a regularly scheduled general elec-
tion for Federal office, the Comptroller General shall 
submit to the appropriate congressional committees 
a report with respect to the most recent regularly 
scheduled general election for Federal office that 
contains the following: 
(A) The analysis required by subsection 
(a). 
(B) Recommendations, as appropriate, to 
promote the use of best practices used by State 
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106 
and local officials to address barriers to accessi-
bility and privacy concerns for individuals with 
disabilities in elections for Federal office. 
(2) APPROPRIATE
CONGRESSIONAL
COMMIT-
TEES.—For purposes of this subsection, the term 
‘‘appropriate congressional committees’’ means— 
(A) the Committee on House Administra-
tion of the House of Representatives; 
(B) the Committee on Rules and Adminis-
tration of the Senate; 
(C) the Committee on Appropriations of 
the House of Representatives; and 
(D) the Committee on Appropriations of 
the Senate. 
TITLE III—PROHIBITING VOTER 
CAGING 
SEC. 3001. VOTER CAGING AND OTHER QUESTIONABLE 
CHALLENGES PROHIBITED. 
(a) IN GENERAL.—Chapter 29 of title 18, United 
States Code, as amended by section 1601(a), is amended 
by adding at the end the following: 
‘‘§ 613. Voter caging and other questionable chal-
lenges 
‘‘(a) DEFINITIONS.—In this section— 
‘‘(1) the term ‘voter caging document’ means— 
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107 
‘‘(A) a nonforwardable document that is 
returned to the sender or a third party as unde-
livered or undeliverable despite an attempt to 
deliver such document to the address of a reg-
istered voter or applicant; or 
‘‘(B) any document with instructions to an 
addressee that the document be returned to the 
sender or a third party but is not so returned, 
despite an attempt to deliver such document to 
the address of a registered voter or applicant, 
unless at least two Federal election cycles have 
passed since the date of the attempted delivery; 
‘‘(2) the term ‘voter caging list’ means a list of 
individuals compiled from voter caging documents; 
and 
‘‘(3) the term ‘unverified match list’ means a 
list produced by matching the information of reg-
istered voters or applicants for voter registration to 
a list of individuals who are ineligible to vote in the 
registrar’s jurisdiction, by virtue of death, convic-
tion, change of address, or otherwise; unless one of 
the pieces of information matched includes a signa-
ture, photograph, or unique identifying number en-
suring that the information from each source refers 
to the same individual. 
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108 
‘‘(b) PROHIBITION AGAINST VOTER CAGING.—No 
State or local election official shall prevent an individual 
from registering or voting in any election for Federal of-
fice, or permit in connection with any election for Federal 
office a formal challenge under State law to an individual’s 
registration status or eligibility to vote, if the basis for 
such decision is evidence consisting of— 
‘‘(1) a voter caging document or voter caging 
list; 
‘‘(2) an unverified match list; 
‘‘(3) an error or omission on any record or 
paper relating to any application, registration, or 
other act requisite to voting, if such error or omis-
sion is not material to an individual’s eligibility to 
vote under section 2004 of the Revised Statutes, as 
amended (52 U.S.C. 10101(a)(2)(B)); or 
‘‘(4) any other evidence so designated for pur-
poses of this section by the Election Assistance Com-
mission, 
except that the election official may use such evidence if 
it is corroborated by independent evidence of the individ-
ual’s ineligibility to register or vote. 
‘‘(c) REQUIREMENTS FOR CHALLENGES BY PERSONS 
OTHER THAN ELECTION OFFICIALS.— 
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109 
‘‘(1) REQUIREMENTS
FOR
CHALLENGES.—No 
person, other than a State or local election official, 
shall submit a formal challenge to an individual’s eli-
gibility to register to vote in an election for Federal 
office or to vote in an election for Federal office un-
less that challenge is supported by personal knowl-
edge regarding the grounds for ineligibility which 
is— 
‘‘(A) documented in writing; and 
‘‘(B) subject to an oath or attestation 
under penalty of perjury that the challenger has 
a good faith factual basis to believe that the in-
dividual who is the subject of the challenge is 
ineligible to register to vote or vote in that elec-
tion, except a challenge which is based on the 
age, race, ethnicity, or national origin of the in-
dividual who is the subject of the challenge may 
not be considered to have a good faith factual 
basis for purposes of this paragraph. 
‘‘(2) PROHIBITION
ON
CHALLENGES
ON
OR 
NEAR DATE OF ELECTION.—No person, other than 
a State or local election official, shall be permitted— 
‘‘(A) to challenge an individual’s eligibility 
to vote in an election for Federal office on Elec-
tion Day, or 
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110 
‘‘(B) to challenge an individual’s eligibility 
to register to vote in an election for Federal of-
fice or to vote in an election for Federal office 
less than 10 days before the election unless the 
individual registered to vote less than 20 days 
before the election. 
‘‘(d) PENALTIES
FOR KNOWING MISCONDUCT.— 
Whoever knowingly challenges the eligibility of one or 
more individuals to register or vote or knowingly causes 
the eligibility of such individuals to be challenged in viola-
tion of this section with the intent that one or more eligi-
ble voters be disqualified, shall be fined under this title 
or imprisoned not more than 1 year, or both, for each such 
violation. Each violation shall be a separate offense. 
‘‘(e) NO EFFECT ON RELATED LAWS.—Nothing in 
this section is intended to override the protections of the 
National Voter Registration Act of 1993 (52 U.S.C. 
20501 et seq.) or to affect the Voting Rights Act of 1965 
(52 U.S.C. 10301 et seq.).’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
for chapter 29 of title 18, United States Code, as amended 
by section 1601(b), is amended by adding at the end the 
following: 
‘‘613. Voter caging and other questionable challenges.’’. 
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111 
SEC. 3002. DEVELOPMENT AND ADOPTION OF BEST PRAC-
TICES FOR PREVENTING VOTER CAGING. 
(a) BEST PRACTICES.—Not later than 180 days after 
the date of the enactment of this Act, the Election Assist-
ance Commission shall develop and publish for the use of 
States recommendations for best practices to deter and 
prevent violations of section 613 of title 18, United States 
Code, as added by section 3001(a), including practices to 
provide for the posting of relevant information at polling 
places and voter registration agencies, the training of poll 
workers and election officials, and relevant educational 
measures. For purposes of this subsection, the term 
‘‘State’’ includes the District of Columbia, the Common-
wealth of Puerto Rico, Guam, American Samoa, the 
United States Virgin Islands, and the Commonwealth of 
the Northern Mariana Islands. 
(b) INCLUSION IN VOTING INFORMATION REQUIRE-
MENTS.—Section 302(b)(2) of the Help America Vote Act 
of 2002 (52 U.S.C. 21082(b)(2)), as amended by section 
1602(b), is amended— 
(1) by striking ‘‘and’’ at the end of subpara-
graph (F); 
(2) by striking the period at the end of sub-
paragraph (G) and inserting ‘‘; and’’; and 
(3) by adding at the end the following new sub-
paragraph: 
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112 
‘‘(H) information relating to the prohibi-
tion against voter caging and other questionable 
challenges (as set forth in section 613 of title 
18, United States Code), including information 
on how individuals may report allegations of 
violations of such prohibition.’’. 
TITLE IV—PROHIBITING DECEP-
TIVE PRACTICES AND PRE-
VENTING 
VOTER 
INTIMIDA-
TION 
SEC. 4001. PROHIBITION ON DECEPTIVE PRACTICES IN 
FEDERAL ELECTIONS. 
(a) PROHIBITION.—Subsection (b) of section 2004 of 
the Revised Statutes (52 U.S.C. 10101(b)) is amended— 
(1) by striking ‘‘No person’’ and inserting the 
following: 
‘‘(1) IN GENERAL.—No person’’; and 
(2) by inserting at the end the following new 
paragraphs: 
‘‘(2) FALSE STATEMENTS REGARDING FEDERAL 
ELECTIONS.— 
‘‘(A) PROHIBITION.—No person, whether 
acting under color of law or otherwise, shall, 
within 60 days before an election described in 
paragraph (5), by any means, including by 
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113 
means of written, electronic, or telephonic com-
munications, communicate or cause to be com-
municated information described in subpara-
graph (B), or produce information described in 
subparagraph (B) with the intent that such in-
formation be communicated, if such person— 
‘‘(i) knows such information to be ma-
terially false; and 
‘‘(ii) has the intent to impede or pre-
vent another person from exercising the 
right to vote in an election described in 
paragraph (5). 
‘‘(B) INFORMATION
DESCRIBED.—Infor-
mation is described in this subparagraph if such 
information is regarding— 
‘‘(i) the time, place, or manner of 
holding any election described in para-
graph (5); or 
‘‘(ii) the qualifications for or restric-
tions on voter eligibility for any such elec-
tion, including— 
‘‘(I) any criminal, civil, or other 
legal penalties associated with voting 
in any such election; or 
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114 
‘‘(II) information regarding a 
voter’s registration status or eligi-
bility. 
‘‘(3) FALSE STATEMENTS REGARDING PUBLIC 
ENDORSEMENTS.— 
‘‘(A) PROHIBITION.—No person, whether 
acting under color of law or otherwise, shall, 
within 60 days before an election described in 
paragraph (5), by any means, including by 
means of written, electronic, or telephonic com-
munications, communicate, or cause to be com-
municated, a materially false statement about 
an endorsement, if such person— 
‘‘(i) knows such statement to be false; 
and 
‘‘(ii) has the intent to impede or pre-
vent another person from exercising the 
right to vote in an election described in 
paragraph (5). 
‘‘(B) 
DEFINITION
OF
‘MATERIALLY 
FALSE’.—For purposes of subparagraph (A), a 
statement about an endorsement is ‘materially 
false’ if, with respect to an upcoming election 
described in paragraph (5)— 
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115 
‘‘(i) the statement states that a spe-
cifically named person, political party, or 
organization has endorsed the election of a 
specific candidate for a Federal office de-
scribed in such paragraph; and 
‘‘(ii) such person, political party, or 
organization has not endorsed the election 
of such candidate. 
‘‘(4) HINDERING, INTERFERING WITH, OR PRE-
VENTING VOTING OR REGISTERING TO VOTE.—No 
person, whether acting under color of law or other-
wise, shall intentionally hinder, interfere with, or 
prevent another person from voting, registering to 
vote, or aiding another person to vote or register to 
vote in an election described in paragraph (5). 
‘‘(5) ELECTION DESCRIBED.—An election de-
scribed in this paragraph is any general, primary, 
run-off, or special election held solely or in part for 
the purpose of nominating or electing a candidate 
for the office of President, Vice President, presi-
dential elector, Member of the Senate, Member of 
the House of Representatives, or Delegate or Com-
missioner from a Territory or possession.’’. 
(b) PRIVATE RIGHT OF ACTION.— 
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(1) DECEPTIVE ACTS.—Section 594 of title 18, 
United States Code, is amended— 
(A) by striking ‘‘Whoever’’ and inserting 
the following: 
‘‘(a) INTIMIDATION.—Whoever’’; 
(B) in subsection (a), as inserted by sub-
paragraph (A), by striking ‘‘at any election’’ 
and inserting ‘‘at any general, primary, run-off, 
or special election’’; and 
(C) by adding at the end the following new 
subsections: 
‘‘(b) DECEPTIVE ACTS.— 
‘‘(1) FALSE STATEMENTS REGARDING FEDERAL 
ELECTIONS.— 
‘‘(A) PROHIBITION.—It shall be unlawful 
for any person, whether acting under color of 
law or otherwise, within 60 days before an elec-
tion described in subsection (e), by any means, 
including by means of written, electronic, or tel-
ephonic communications, to communicate or 
cause to be communicated information de-
scribed in subparagraph (B), or produce infor-
mation described in subparagraph (B) with the 
intent that such information be communicated, 
if such person— 
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118 
‘‘(i) knows such information to be ma-
terially false; and 
‘‘(ii) has the intent to mislead voters, 
or the intent to impede or prevent another 
person from exercising the right to vote in 
an election described in subsection (e). 
‘‘(B) INFORMATION
DESCRIBED.—Infor-
mation is described in this subparagraph if such 
information is regarding— 
‘‘(i) the time or place of holding any 
election described in subsection (e); or 
‘‘(ii) the qualifications for or restric-
tions on voter eligibility for any such elec-
tion, including— 
‘‘(I) any criminal, civil, or other 
legal penalties associated with voting 
in any such election; or 
‘‘(II) information regarding a 
voter’s registration status or eligi-
bility. 
‘‘(2) PENALTY.—Any person who violates para-
graph (1) shall be fined not more than $100,000, 
imprisoned for not more than 5 years, or both. 
‘‘(c) HINDERING, INTERFERING WITH, OR PRE-
VENTING VOTING OR REGISTERING TO VOTE.— 
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119 
‘‘(1) PROHIBITION.—It shall be unlawful for 
any person, whether acting under color of law or 
otherwise, to intentionally hinder, interfere with, or 
prevent another person from voting, registering to 
vote, or aiding another person to vote or register to 
vote in an election described in subsection (e), in-
cluding by operating a polling place or ballot box 
that falsely purports to be an official location estab-
lished for such an election by a unit of government. 
‘‘(2) PENALTY.—Any person who violates para-
graph (1) shall be fined not more than $100,000, 
imprisoned for not more than 5 years, or both. 
‘‘(d) ATTEMPT.—Any person who attempts to commit 
any offense described in subsection (a), (b)(1), or (c)(1) 
shall be subject to the same penalties as those prescribed 
for the offense that the person attempted to commit. 
‘‘(e) ELECTION DESCRIBED.—An election described 
in this subsection is any general, primary, run-off, or spe-
cial election held solely or in part for the purpose of nomi-
nating or electing a candidate for the office of President, 
Vice President, presidential elector, Senator, Member of 
the House of Representatives, or Delegate or Resident 
Commissioner to the Congress.’’. 
(2) MODIFICATION OF PENALTY FOR VOTER IN-
TIMIDATION.—Section 594(a) of title 18, United 
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States Code, as amended by paragraph (1), is 
amended by striking ‘‘fined under this title or im-
prisoned not more than one year’’ and inserting 
‘‘fined not more than $100,000, imprisoned for not 
more than 5 years’’. 
(3) SENTENCING GUIDELINES.— 
(A) REVIEW AND AMENDMENT.—Not later 
than 180 days after the date of enactment of 
this Act, the United States Sentencing Commis-
sion, pursuant to its authority under section 
994 of title 28, United States Code, and in ac-
cordance with this section, shall review and, if 
appropriate, amend the Federal sentencing 
guidelines and policy statements applicable to 
persons convicted of any offense under section 
594 of title 18, United States Code, as amend-
ed by this section. 
(B) AUTHORIZATION.—The United States 
Sentencing Commission may amend the Federal 
Sentencing Guidelines in accordance with the 
procedures set forth in section 21(a) of the Sen-
tencing Act of 1987 (28 U.S.C. 994 note) as 
though the authority under that section had not 
expired. 
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121 
(4) PAYMENTS
FOR
REFRAINING
FROM
VOT-
ING.—Subsection (c) of section 11 of the Voting 
Rights Act of 1965 (52 U.S.C. 10307) is amended 
by striking ‘‘either for registration to vote or for vot-
ing’’ and inserting ‘‘for registration to vote, for vot-
ing, or for not voting’’. 
SEC. 4002. CORRECTIVE ACTION. 
(a) CORRECTIVE ACTION.— 
(1) IN GENERAL.—If the Attorney General re-
ceives a credible report that materially false informa-
tion has been or is being communicated in violation 
of paragraphs (2) and (3) of section 2004(b) of the 
Revised Statutes (52 U.S.C. 10101(b)), as added by 
section 4001(a), and if the Attorney General deter-
mines that State and local election officials have not 
taken adequate steps to promptly communicate accu-
rate information to correct the materially false infor-
mation, the Attorney General shall, pursuant to the 
written procedures and standards under subsection 
(b), communicate to the public, by any means, in-
cluding by means of written, electronic, or telephonic 
communications, accurate information designed to 
correct the materially false information. 
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122 
(2) COMMUNICATION OF CORRECTIVE INFORMA-
TION.—Any information communicated by the Attor-
ney General under paragraph (1)— 
(A) shall— 
(i) be accurate and objective; 
(ii) consist of only the information 
necessary to correct the materially false in-
formation that has been or is being com-
municated; and 
(iii) to the extent practicable, be by a 
means that the Attorney General deter-
mines will reach the persons to whom the 
materially false information has been or is 
being communicated; and 
(B) shall not be designed to favor or dis-
favor any particular candidate, organization, or 
political party. 
(b) WRITTEN PROCEDURES AND STANDARDS FOR 
TAKING CORRECTIVE ACTION.— 
(1) IN
GENERAL.—Not later than 180 days 
after the date of enactment of this Act, the Attorney 
General shall publish written procedures and stand-
ards for determining when and how corrective action 
will be taken under this section. 
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(2) INCLUSION OF APPROPRIATE DEADLINES.— 
The procedures and standards under paragraph (1) 
shall include appropriate deadlines, based in part on 
the number of days remaining before the upcoming 
election. 
(3) CONSULTATION.—In developing the proce-
dures and standards under paragraph (1), the Attor-
ney General shall consult with the Election Assist-
ance Commission, State and local election officials, 
civil rights organizations, voting rights groups, voter 
protection groups, and other interested community 
organizations. 
(c) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Attorney General 
such sums as may be necessary to carry out this subtitle. 
SEC. 4003. REPORTS TO CONGRESS. 
(a) IN GENERAL.—Not later than 180 days after 
each general election for Federal office, the Attorney Gen-
eral shall submit to Congress a report compiling all allega-
tions received by the Attorney General of deceptive prac-
tices described in paragraphs (2), (3), and (4) of section 
2004(b) of the Revised Statutes (52 U.S.C. 10101(b)), as 
added by section 4001(a), relating to the general election 
for Federal office and any primary, run-off, or a special 
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election for Federal office held in the 2 years preceding 
the general election. 
(b) CONTENTS.— 
(1) IN
GENERAL.—Each report submitted 
under subsection (a) shall include— 
(A) a description of each allegation of a 
deceptive practice described in subsection (a), 
including the geographic location, racial and 
ethnic composition, and language minority- 
group membership of the persons toward whom 
the alleged deceptive practice was directed; 
(B) the status of the investigation of each 
allegation described in subparagraph (A); 
(C) a description of each corrective action 
taken by the Attorney General under section 
4(a) in response to an allegation described in 
subparagraph (A); 
(D) a description of each referral of an al-
legation described in subparagraph (A) to other 
Federal, State, or local agencies; 
(E) to the extent information is available, 
a description of any civil action instituted under 
section 2004(c)(2) of the Revised Statutes (52 
U.S.C. 10101(c)(2)), as added by section 
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125 
4001(b), in connection with an allegation de-
scribed in subparagraph (A); and 
(F) a description of any criminal prosecu-
tion instituted under section 594 of title 18, 
United States Code, as amended by section 
4001(c), in connection with the receipt of an al-
legation described in subparagraph (A) by the 
Attorney General. 
(2) EXCLUSION OF CERTAIN INFORMATION.— 
(A) IN GENERAL.—The Attorney General 
shall not include in a report submitted under 
subsection (a) any information protected from 
disclosure by rule 6(e) of the Federal Rules of 
Criminal Procedure or any Federal criminal 
statute. 
(B) EXCLUSION OF CERTAIN OTHER IN-
FORMATION.—The Attorney General may deter-
mine that the following information shall not be 
included in a report submitted under subsection 
(a): 
(i) Any information that is privileged. 
(ii) Any information concerning an 
ongoing investigation. 
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(iii) Any information concerning a 
criminal or civil proceeding conducted 
under seal. 
(iv) Any other nonpublic information 
that the Attorney General determines the 
disclosure of which could reasonably be ex-
pected to infringe on the rights of any in-
dividual or adversely affect the integrity of 
a pending or future criminal investigation. 
(c) REPORT MADE PUBLIC.—On the date that the 
Attorney General submits the report under subsection (a), 
the Attorney General shall also make the report publicly 
available through the internet and other appropriate 
means. 
TITLE V—DEMOCRACY 
RESTORATION 
SEC. 5001. FINDINGS. 
Congress makes the following findings: 
(1) The right to vote is the most basic constitu-
tive act of citizenship. Regaining the right to vote 
reintegrates individuals with criminal convictions 
into free society, helping to enhance public safety. 
(2) Article I, section 4, of the Constitution 
grants Congress ultimate supervisory power over 
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Federal elections, an authority which has repeatedly 
been upheld by the Supreme Court. 
(3) Basic constitutional principles of fairness 
and equal protection require an equal opportunity 
for citizens of the United States to vote in Federal 
elections. The right to vote may not be abridged or 
denied by the United States or by any State on ac-
count of race, color, gender, or previous condition of 
servitude. The 13th, 14th, 15th, 19th, 24th, and 
26th Amendments to the Constitution empower Con-
gress to enact measures to protect the right to vote 
in Federal elections. The 8th Amendment to the 
Constitution provides for no excessive bail to be re-
quired, nor excessive fines imposed, nor cruel and 
unusual punishments inflicted. 
(4) There are 3 areas in which discrepancies in 
State laws regarding criminal convictions lead to un-
fairness in Federal elections: 
(A) The lack of a uniform standard for 
voting in Federal elections leads to an unfair 
disparity and unequal participation in Federal 
elections based solely on where a person lives. 
(B) Laws governing the restoration of vot-
ing rights after a criminal conviction vary 
throughout the country, and persons in some 
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128 
States can easily regain their voting rights 
while in other States persons effectively lose 
their right to vote permanently. 
(C) State disenfranchisement laws dis-
proportionately impact racial and ethnic minori-
ties. 
(5) Two States (Maine and Vermont), the Dis-
trict of Columbia, and the Commonwealth of Puerto 
Rico do not disenfranchise individuals with criminal 
convictions at all, but 48 States have laws that deny 
convicted individuals the right to vote while they are 
in prison. 
(6) In some States disenfranchisement results 
from varying State laws that restrict voting while in-
dividuals are under the supervision of the criminal 
justice system or after they have completed a crimi-
nal sentence. In 30 States, convicted individuals may 
not vote while they are on parole and 27 States dis-
enfranchise individuals on felony probation as well. 
In 11 States, a conviction can result in lifetime dis-
enfranchisement. 
(7) Several States deny the right to vote to in-
dividuals convicted of certain misdemeanors. 
(8) An estimated 5,200,000 citizens of the 
United States, or about 1 in 44 adults in the United 
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129 
States, currently cannot vote as a result of a felony 
conviction. Of the 5,200,000 citizens barred from 
voting, only 24 percent are in prison. By contrast, 
75 percent of the disenfranchised reside in their 
communities while on probation or parole or after 
having completed their sentences. Approximately 
2,200,000 citizens who have completed their sen-
tences remain disenfranchised due to restrictive 
State laws. In at least 6 States—Alabama, Florida, 
Kentucky, Mississippi, Tennessee, and Virginia— 
more than 5 percent of the total voting-age popu-
lation is disenfranchised. 
(9) In those States that disenfranchise individ-
uals post-sentence, the right to vote can be regained 
in theory, but in practice this possibility is often 
granted in a non-uniform and potentially discrimina-
tory manner. Disenfranchised individuals must ei-
ther obtain a pardon or an order from the Governor 
or an action by the parole or pardon board, depend-
ing on the offense and State. Individuals convicted 
of a Federal offense often have additional barriers to 
regaining voting rights. 
(10) State disenfranchisement laws dispropor-
tionately impact racial and ethnic minorities. More 
than 6 percent of the African-American voting-age 
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130 
population, or 1,800,000 African Americans, are 
disenfranchised. Currently, 1 of every 16 voting-age 
African Americans are rendered unable to vote be-
cause of felony disenfranchisement, which is a rate 
more than 3.7 times greater than non-African Amer-
icans. Over 6 percent of African-American adults are 
disenfranchised whereas only 1.7 percent of non-Af-
rican Americans are. In 7 States (Alabama, 16 per-
cent; Florida, 15 percent; Kentucky, 15 percent; 
Mississippi, 16 percent; Tennessee, 21 percent; Vir-
ginia, 16 percent; and Wyoming, 36 percent), more 
than 1 in 7 African Americans are unable to vote 
because of prior convictions, twice the national aver-
age for African Americans. 
(11) Latino citizens are disproportionately 
disenfranchised based upon their disproportionate 
representation in the criminal justice system. In re-
cent years, Latinos have been imprisoned at 2.5 
times the rate of Whites. More than 2 percent of the 
voting-age Latino population, or 560,000 Latinos, 
are disenfranchised due to a felony conviction. In 34 
states Latinos are disenfranchised at a higher rate 
than the general population. In 11 states 4 percent 
or more of Latino adults are disenfranchised due to 
a felony conviction (Alabama, 4 percent; Arizona, 7 
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131 
percent; Arkansas, 4 percent; Idaho, 4 percent; 
Iowa, 4 percent; Kentucky, 6 percent; Minnesota, 4 
percent; Mississippi, 5 percent; Nebraska, 6 percent; 
Tennessee, 11 percent, Wyoming, 4 percent), twice 
the national average for Latinos. 
(12) Disenfranchising citizens who have been 
convicted of a criminal offense and who are living 
and working in the community serves no compelling 
State interest and hinders their rehabilitation and 
reintegration into society. 
(13) State disenfranchisement laws can sup-
press electoral participation among eligible voters by 
discouraging voting among family and community 
members of disenfranchised persons. Future elec-
toral participation by the children of disenfranchised 
parents may be impacted as well. 
(14) The United States is the only Western de-
mocracy that permits the permanent denial of voting 
rights for individuals with felony convictions. 
SEC. 5002. RIGHTS OF CITIZENS. 
The right of an individual who is a citizen of the 
United States to vote in any election for Federal office 
shall not be denied or abridged because that individual has 
been convicted of a criminal offense unless such individual 
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132 
is serving a felony sentence in a correctional institution 
or facility at the time of the election. 
SEC. 5003. ENFORCEMENT. 
(a) ATTORNEY GENERAL.—The Attorney General 
may, in a civil action, obtain such declaratory or injunctive 
relief as is necessary to remedy a violation of this subtitle. 
(b) PRIVATE RIGHT OF ACTION.— 
(1) IN GENERAL.—A person who is aggrieved 
by a violation of this title may provide written notice 
of the violation to the chief election official of the 
State involved. 
(2) RELIEF.—Except as provided in paragraph 
(3), if the violation is not corrected within 90 days 
after receipt of a notice under paragraph (1), or 
within 20 days after receipt of the notice if the viola-
tion occurred within 120 days before the date of an 
election for Federal office, the aggrieved person 
may, in a civil action, obtain declaratory or injunc-
tive relief with respect to the violation. 
(3) EXCEPTION.—If the violation occurred 
within 30 days before the date of an election for 
Federal office, the aggrieved person need not provide 
notice to the chief election official of the State under 
paragraph (1) before bringing a civil action to obtain 
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declaratory or injunctive relief with respect to the 
violation. 
SEC. 5004. NOTIFICATION OF RESTORATION OF VOTING 
RIGHTS. 
(a) STATE NOTIFICATION.— 
(1) NOTIFICATION.—On the date determined 
under paragraph (2), each State shall notify in writ-
ing any individual who has been convicted of a 
criminal offense under the law of that State that 
such individual has the right to vote in an election 
for Federal office pursuant to the Democracy Res-
toration Act of 2021 and may register to vote in any 
such election and provide such individual with any 
materials that are necessary to register to vote in 
any such election. 
(2) DATE OF NOTIFICATION.— 
(A) FELONY CONVICTION.—In the case of 
such an individual who has been convicted of a 
felony, the notification required under para-
graph (1) shall be given on the date on which 
the individual— 
(i) is sentenced to serve only a term 
of probation; or 
(ii) is released from the custody of 
that State (other than to the custody of 
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134 
another State or the Federal Government 
to serve a term of imprisonment for a fel-
ony conviction). 
(B) MISDEMEANOR
CONVICTION.—In the 
case of such an individual who has been con-
victed of a misdemeanor, the notification re-
quired under paragraph (1) shall be given on 
the date on which such individual is sentenced 
by a State court. 
(b) FEDERAL NOTIFICATION.— 
(1) NOTIFICATION.—Any individual who has 
been convicted of a criminal offense under Federal 
law shall be notified in accordance with paragraph 
(2) that such individual has the right to vote in an 
election for Federal office pursuant to the Democ-
racy Restoration Act of 2021 and may register to 
vote in any such election and provide such individual 
with any materials that are necessary to register to 
vote in any such election. 
(2) DATE OF NOTIFICATION.— 
(A) FELONY CONVICTION.—In the case of 
such an individual who has been convicted of a 
felony, the notification required under para-
graph (1) shall be given— 
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(i) in the case of an individual who is 
sentenced to serve only a term of proba-
tion, by the Assistant Director for the Of-
fice of Probation and Pretrial Services of 
the Administrative Office of the United 
States Courts on the date on which the in-
dividual is sentenced; or 
(ii) in the case of any individual com-
mitted to the custody of the Bureau of 
Prisons, by the Director of the Bureau of 
Prisons, during the period beginning on 
the date that is 6 months before such indi-
vidual is released and ending on the date 
such individual is released from the cus-
tody of the Bureau of Prisons. 
(B) MISDEMEANOR
CONVICTION.—In the 
case of such an individual who has been con-
victed of a misdemeanor, the notification re-
quired under paragraph (1) shall be given on 
the date on which such individual is sentenced 
by a court established by an Act of Congress. 
SEC. 5005. DEFINITIONS. 
For purposes of this title: 
(1) CORRECTIONAL
INSTITUTION
OR
FACIL-
ITY.—The term ‘‘correctional institution or facility’’ 
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means any prison, penitentiary, jail, or other institu-
tion or facility for the confinement of individuals 
convicted of criminal offenses, whether publicly or 
privately operated, except that such term does not 
include any residential community treatment center 
(or similar public or private facility). 
(2) ELECTION.—The term ‘‘election’’ means— 
(A) a general, special, primary, or runoff 
election; 
(B) a convention or caucus of a political 
party held to nominate a candidate; 
(C) a primary election held for the selec-
tion of delegates to a national nominating con-
vention of a political party; or 
(D) a primary election held for the expres-
sion of a preference for the nomination of per-
sons for election to the office of President. 
(3) FEDERAL OFFICE.—The term ‘‘Federal of-
fice’’ means the office of President or Vice President 
of the United States, or of Senator or Representa-
tive in, or Delegate or Resident Commissioner to, 
the Congress of the United States. 
(4) PROBATION.—The term ‘‘probation’’ means 
probation, imposed by a Federal, State, or local 
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court, with or without a condition on the individual 
involved concerning— 
(A) the individual’s freedom of movement; 
(B) the payment of damages by the indi-
vidual; 
(C) periodic reporting by the individual to 
an officer of the court; or 
(D) supervision of the individual by an of-
ficer of the court. 
SEC. 5006. RELATION TO OTHER LAWS. 
(a) STATE LAWS RELATING TO VOTING RIGHTS.— 
Nothing in this title be construed to prohibit the States 
from enacting any State law which affords the right to 
vote in any election for Federal office on terms less restric-
tive than those established by this subtitle. 
(b) CERTAIN FEDERAL ACTS.—The rights and rem-
edies established by this title are in addition to all other 
rights and remedies provided by law, and neither rights 
and remedies established by this Act shall supersede, re-
strict, or limit the application of the Voting Rights Act 
of 1965 (52 U.S.C. 10301 et seq.) or the National Voter 
Registration Act of 1993 (52 U.S.C. 20501 et seq.). 
SEC. 5007. FEDERAL PRISON FUNDS. 
No State, unit of local government, or other person 
may receive or use, to construct or otherwise improve a 
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prison, jail, or other place of incarceration, any Federal 
funds unless that person has in effect a program under 
which each individual incarcerated in that person’s juris-
diction who is a citizen of the United States is notified, 
upon release from such incarceration, of that individual’s 
rights under section 5002. 
SEC. 5008. EFFECTIVE DATE. 
This subtitle shall apply to citizens of the United 
States voting in any election for Federal office held after 
the date of the enactment of this Act. 
TITLE 
VI—PROMOTING 
ACCU-
RACY, INTEGRITY, AND SECU-
RITY 
THROUGH 
VOTER- 
VERIFIED 
PERMANENT 
PAPER BALLOT 
SEC. 6001. PAPER BALLOT AND MANUAL COUNTING RE-
QUIREMENTS. 
(a) IN GENERAL.—Section 301(a)(2) of the Help 
America Vote Act of 2002 (52 U.S.C. 21081(a)(2)) is 
amended to read as follows: 
‘‘(2) PAPER BALLOT REQUIREMENT.— 
‘‘(A) VOTER-VERIFIED PAPER BALLOTS.— 
‘‘(i) PAPER BALLOT REQUIREMENT.— 
(I) The voting system shall require the use 
of an individual, durable, voter-verified 
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paper ballot of the voter’s vote that shall 
be marked and made available for inspec-
tion and verification by the voter before 
the voter’s vote is cast and counted, and 
which shall be counted by hand or read by 
an optical character recognition device or 
other counting device. For purposes of this 
subclause, the term ‘individual, durable, 
voter-verified paper ballot’ means a paper 
ballot marked by the voter by hand or a 
paper ballot marked through the use of a 
nontabulating ballot marking device or sys-
tem, so long as the voter shall have the op-
tion to mark his or her ballot by hand. 
‘‘(II) The voting system shall provide 
the voter with an opportunity to correct 
any error on the paper ballot before the 
permanent voter-verified paper ballot is 
preserved in accordance with clause (ii). 
‘‘(III) The voting system shall not 
preserve the voter-verified paper ballots in 
any manner that makes it possible, at any 
time after the ballot has been cast, to asso-
ciate a voter with the record of the voter’s 
vote without the voter’s consent. 
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‘‘(ii) PRESERVATION
AS
OFFICIAL 
RECORD.—The individual, durable, voter- 
verified paper ballot used in accordance 
with clause (i) shall constitute the official 
ballot and shall be preserved and used as 
the official ballot for purposes of any re-
count or audit conducted with respect to 
any election for Federal office in which the 
voting system is used. 
‘‘(iii) MANUAL
COUNTING
REQUIRE-
MENTS FOR RECOUNTS AND AUDITS.—(I) 
Each paper ballot used pursuant to clause 
(i) shall be suitable for a manual audit, 
and shall be counted by hand in any re-
count or audit conducted with respect to 
any election for Federal office. 
‘‘(II) In the event of any inconsist-
encies or irregularities between any elec-
tronic vote tallies and the vote tallies de-
termined by counting by hand the indi-
vidual, durable, voter-verified paper ballots 
used pursuant to clause (i), and subject to 
subparagraph (B), the individual, durable, 
voter-verified paper ballots shall be the 
true and correct record of the votes cast. 
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‘‘(iv) APPLICATION
TO
ALL
BAL-
LOTS.—The requirements of this subpara-
graph shall apply to all ballots cast in elec-
tions for Federal office, including ballots 
cast by absent uniformed services voters 
and overseas voters under the Uniformed 
and Overseas Citizens Absentee Voting Act 
and other absentee voters. 
‘‘(B) SPECIAL RULE FOR TREATMENT OF 
DISPUTES WHEN PAPER BALLOTS HAVE BEEN 
SHOWN TO BE COMPROMISED.— 
‘‘(i) IN
GENERAL.—In the event 
that— 
‘‘(I) there is any inconsistency 
between any electronic vote tallies and 
the vote tallies determined by count-
ing by hand the individual, durable, 
voter-verified paper ballots used pur-
suant to subparagraph (A)(i) with re-
spect to any election for Federal of-
fice; and 
‘‘(II) it is demonstrated by clear 
and convincing evidence (as deter-
mined in accordance with the applica-
ble standards in the jurisdiction in-
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volved) in any recount, audit, or con-
test of the result of the election that 
the paper ballots have been com-
promised (by damage or mischief or 
otherwise) and that a sufficient num-
ber of the ballots have been so com-
promised that the result of the elec-
tion could be changed, 
the determination of the appropriate rem-
edy with respect to the election shall be 
made in accordance with applicable State 
law, except that the electronic tally shall 
not be used as the exclusive basis for de-
termining the official certified result. 
‘‘(ii) RULE FOR CONSIDERATION OF 
BALLOTS ASSOCIATED WITH EACH VOTING 
MACHINE.—For purposes of clause (i), 
only the paper ballots deemed com-
promised, if any, shall be considered in the 
calculation of whether or not the result of 
the election could be changed due to the 
compromised paper ballots.’’. 
(b) CONFORMING AMENDMENT CLARIFYING APPLI-
CABILITY OF ALTERNATIVE LANGUAGE ACCESSIBILITY.— 
Section 301(a)(4) of such Act (52 U.S.C. 21081(a)(4)) 
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143 
is amended by inserting ‘‘(including the paper ballots re-
quired to be used under paragraph (2))’’ after ‘‘voting sys-
tem’’. 
(c) OTHER CONFORMING AMENDMENTS.—Section 
301(a)(1) of such Act (52 U.S.C. 21081(a)(1)) is amend-
ed— 
(1) in subparagraph (A)(i), by striking ‘‘count-
ed’’ and inserting ‘‘counted, in accordance with 
paragraphs (2) and (3)’’; 
(2) in subparagraph (A)(ii), by striking ‘‘count-
ed’’ and inserting ‘‘counted, in accordance with 
paragraphs (2) and (3)’’; 
(3) in subparagraph (A)(iii), by striking ‘‘count-
ed’’ each place it appears and inserting ‘‘counted, in 
accordance with paragraphs (2) and (3)’’; and 
(4) in subparagraph (B)(ii), by striking ‘‘count-
ed’’ and inserting ‘‘counted, in accordance with 
paragraphs (2) and (3)’’. 
SEC. 6002. ACCESSIBILITY AND BALLOT VERIFICATION FOR 
INDIVIDUALS WITH DISABILITIES. 
(a) IN GENERAL.—Section 301(a)(3)(B) of the Help 
America Vote Act of 2002 (52 U.S.C. 21081(a)(3)(B)) is 
amended to read as follows: 
‘‘(B)(i) ensure that individuals with dis-
abilities and others are given an equivalent op-
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144 
portunity to vote, including with privacy and 
independence, in a manner that produces a 
voter-verified paper ballot as for other voters; 
‘‘(ii) satisfy the requirement of subpara-
graph (A) through the use of a sufficient num-
ber, but at least one, of voting systems, as de-
termined by the Commission in consultation 
with the United States Access Board and the 
National Institute of Standards and Tech-
nology, equipped to serve individuals with and 
without disabilities, including nonvisual and en-
hanced visual accessibility for the blind and vis-
ually impaired, and nonmanual and enhanced 
manual accessibility for the mobility and dex-
terity impaired, for all in person voting options; 
and 
‘‘(iii) meet the requirements of subpara-
graph (A) and paragraph (2)(A) by using a sys-
tem that— 
‘‘(I) allows the voter to privately and 
independently verify the permanent paper 
ballot through the presentation, in acces-
sible form, of the printed or marked vote 
selections from the same printed or 
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marked information that would be used for 
any vote counting or auditing; and 
‘‘(II) allows the voter to privately and 
independently verify and cast the perma-
nent paper ballot without requiring the 
voter to manually handle the paper bal-
lot;’’. 
(b) SPECIFIC REQUIREMENT OF STUDY, TESTING, 
AND DEVELOPMENT OF ACCESSIBLE VOTING OPTIONS.— 
(1) STUDY
AND
REPORTING.—Subtitle C of 
title II of such Act (52 U.S.C. 21081 et seq.) is 
amended— 
(A) by redesignating section 247 as section 
248; and 
(B) by inserting after section 246 the fol-
lowing new section: 
‘‘SEC. 247. STUDY AND REPORT ON ACCESSIBLE VOTING 
OPTIONS. 
‘‘(a) GRANTS TO STUDY AND REPORT.—The Com-
mission, in coordination with the Access Board and the 
Cybersecurity and Infrastructure Security Agency, shall 
make grants to not fewer than three eligible entities to 
study, test, and develop accessible and secure remote vot-
ing systems and voting, verification, and casting devices 
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to enhance the accessibility of voting and verification for 
individuals with disabilities. 
‘‘(b) ELIGIBILITY.—An entity is eligible to receive a 
grant under this part if it submits to the Commission (at 
such time and in such form as the Commission may re-
quire) an application containing— 
‘‘(1) a certification that the entity shall com-
plete the activities carried out with the grant not 
later than January 1, 2024; and 
‘‘(2) such other information and certifications 
as the Commission may require. 
‘‘(c) AVAILABILITY
OF TECHNOLOGY.—Any tech-
nology developed with the grants made under this section 
shall be treated as non-proprietary and shall be made 
available to the public, including to manufacturers of vot-
ing systems. 
‘‘(d) COORDINATION WITH GRANTS
FOR TECH-
NOLOGY IMPROVEMENTS.—The Commission shall carry 
out this section so that the activities carried out with the 
grants made under subsection (a) are coordinated with the 
research conducted under the grant program carried out 
by the Commission under section 271, to the extent that 
the Commission determines necessary to provide for the 
advancement of accessible voting technology. 
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‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There 
is authorized to be appropriated to carry out subsection 
(a) $10,000,000, to remain available until expended.’’. 
(2) CLERICAL AMENDMENT.—The table of con-
tents of such Act is amended— 
(A) by redesignating the item relating to 
section 247 as relating to section 248; and 
(B) by inserting after the item relating to 
section 246 the following new item: 
‘‘Sec. 247. Study and report on accessible voting options.’’. 
(c) CLARIFICATION OF ACCESSIBILITY STANDARDS 
UNDER VOLUNTARY VOTING SYSTEM GUIDANCE.—In 
adopting any voluntary guidance under subtitle B of title 
III of the Help America Vote Act with respect to the ac-
cessibility of the paper ballot verification requirements for 
individuals with disabilities, the Election Assistance Com-
mission shall include and apply the same accessibility 
standards applicable under the voluntary guidance adopt-
ed for accessible voting systems under such subtitle. 
(d) PERMITTING USE OF FUNDS FOR PROTECTION 
AND ADVOCACY SYSTEMS TO SUPPORT ACTIONS TO EN-
FORCE ELECTION-RELATED DISABILITY ACCESS.—Sec-
tion 292(a) of the Help America Vote Act of 2002 (52 
U.S.C. 21062(a)) is amended by striking ‘‘; except that’’ 
and all that follows and inserting a period. 
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148 
SEC. 6003. DURABILITY AND READABILITY REQUIREMENTS 
FOR BALLOTS. 
Section 301(a) of the Help America Vote Act of 2002 
(52 U.S.C. 21081(a)) is amended by adding at the end 
the following new paragraph: 
‘‘(7) DURABILITY AND READABILITY REQUIRE-
MENTS FOR BALLOTS.— 
‘‘(A) DURABILITY
REQUIREMENTS
FOR 
PAPER BALLOTS.— 
‘‘(i) IN GENERAL.—All voter-verified 
paper ballots required to be used under 
this Act shall be marked or printed on du-
rable paper. 
‘‘(ii) DEFINITION.—For purposes of 
this Act, paper is ‘durable’ if it is capable 
of withstanding multiple counts and re-
counts by hand without compromising the 
fundamental integrity of the ballots, and 
capable 
of 
retaining 
the 
information 
marked or printed on them for the full du-
ration of a retention and preservation pe-
riod of 22 months. 
‘‘(B) READABILITY
REQUIREMENTS
FOR 
PAPER BALLOTS MARKED BY BALLOT MARKING 
DEVICE.—All voter-verified paper ballots com-
pleted by the voter through the use of a ballot 
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marking device shall be clearly readable by the 
voter without assistance (other than eyeglasses 
or other personal vision enhancing devices) and 
by an optical character recognition device or 
other device equipped for individuals with dis-
abilities.’’. 
SEC. 6004. STUDY AND REPORT ON OPTIMAL BALLOT DE-
SIGN. 
(a) STUDY.—The Election Assistance Commission 
shall conduct a study of the best ways to design ballots 
used in elections for public office, including paper ballots 
and electronic or digital ballots, to minimize confusion and 
user errors. 
(b) REPORT.—Not later than January 1, 2022, the 
Election Assistance Commission shall submit to Congress 
a report on the study conducted under subsection (a). 
SEC. 6005. PAPER BALLOT PRINTING REQUIREMENTS. 
Section 301(a) of the Help America Vote Act of 2002 
(52 U.S.C. 21081(a)), as amended by section 6003, is fur-
ther amended by adding at the end the following new para-
graph: 
‘‘(8) PRINTING
REQUIREMENTS
FOR
BAL-
LOTS.—All paper ballots used in an election for Fed-
eral office shall be printed in the United States on 
paper manufactured in the United States.’’. 
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SEC. 6006. EFFECTIVE DATE FOR NEW REQUIREMENTS. 
Section 301(d) of the Help America Vote Act of 2002 
(52 U.S.C. 21081(d)) is amended to read as follows: 
‘‘(d) EFFECTIVE DATE.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), each State and jurisdiction shall be re-
quired to comply with the requirements of this sec-
tion on and after January 1, 2006. 
‘‘(2) SPECIAL
RULE
FOR
CERTAIN
REQUIRE-
MENTS.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraphs (B) and (C), the requirements of 
this section which are first imposed on a State 
and jurisdiction pursuant to the amendments 
made by the Voter Confidence and Increased 
Accessibility Act of 2021 shall apply with re-
spect to voting systems used for any election for 
Federal office held in 2022 or any succeeding 
year. 
‘‘(B) DELAY
FOR
JURISDICTIONS
USING 
CERTAIN PAPER RECORD PRINTERS OR CERTAIN 
SYSTEMS
USING
OR
PRODUCING
VOTER- 
VERIFIABLE PAPER RECORDS IN 2020.— 
‘‘(i) DELAY.—In the case of a juris-
diction described in clause (ii), subpara-
graph (A) shall apply to a voting system in 
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151 
the jurisdiction as if the reference in such 
subparagraph to ‘2022’ were a reference to 
‘2024’, but only with respect to the fol-
lowing requirements of this section: 
‘‘(I) Paragraph (2)(A)(i)(I) of 
subsection (a) (relating to the use of 
voter-verified paper ballots). 
‘‘(II) Paragraph (3)(B)(ii)(I) and 
(II) of subsection (a) (relating to ac-
cess to verification from and casting 
of the durable paper ballot). 
‘‘(III) Paragraph (7) of sub-
section (a) (relating to durability and 
readability requirements for ballots). 
‘‘(ii) JURISDICTIONS
DESCRIBED.—A 
jurisdiction described in this clause is a ju-
risdiction— 
‘‘(I) which used voter verifiable 
paper record printers attached to di-
rect recording electronic voting ma-
chines, or which used other voting 
systems that used or produced paper 
records of the vote verifiable by voters 
but that are not in compliance with 
paragraphs (2)(A)(i)(I), (3)(B)(iii)(i) 
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and (II), and (7) of subsection (a) (as 
amended or added by the Voter Con-
fidence and Increased Accessibility 
Act of 2021), for the administration 
of the regularly scheduled general 
election for Federal office held in No-
vember 2020; and 
‘‘(II) which will continue to use 
such printers or systems for the ad-
ministration of elections for Federal 
office held in years before 2024. 
‘‘(iii) MANDATORY
AVAILABILITY
OF 
PAPER
BALLOTS
AT
POLLING
PLACES 
USING
GRANDFATHERED
PRINTERS
AND 
SYSTEMS.— 
‘‘(I) REQUIRING BALLOTS TO BE 
OFFERED
AND
PROVIDED.—The ap-
propriate election official at each poll-
ing place that uses a printer or sys-
tem described in clause (ii)(I) for the 
administration of elections for Federal 
office shall offer each individual who 
is eligible to cast a vote in the election 
at the polling place the opportunity to 
cast the vote using a blank pre-print-
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153 
ed paper ballot which the individual 
may mark by hand and which is not 
produced by the direct recording elec-
tronic voting machine or other such 
system. The official shall provide the 
individual with the ballot and the sup-
plies necessary to mark the ballot, and 
shall ensure (to the greatest extent 
practicable) that the waiting period 
for the individual to cast a vote is the 
lesser of 30 minutes or the average 
waiting period for an individual who 
does not agree to cast the vote using 
such a paper ballot under this clause. 
‘‘(II) TREATMENT OF BALLOT.— 
Any paper ballot which is cast by an 
individual under this clause shall be 
counted and otherwise treated as a 
regular ballot for all purposes (includ-
ing by incorporating it into the final 
unofficial vote count (as defined by 
the State) for the precinct) and not as 
a provisional ballot, unless the indi-
vidual casting the ballot would have 
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154 
otherwise been required to cast a pro-
visional ballot. 
‘‘(III) POSTING
OF
NOTICE.— 
The appropriate election official shall 
ensure there is prominently displayed 
at each polling place a notice that de-
scribes the obligation of the official to 
offer individuals the opportunity to 
cast votes using a pre-printed blank 
paper ballot. The notice shall take 
into consideration factors including 
the linguistic preferences of voters in 
the jurisdiction. 
‘‘(IV) TRAINING
OF
ELECTION 
OFFICIALS.—The chief State election 
official shall ensure that election offi-
cials at polling places in the State are 
aware of the requirements of this 
clause, including the requirement to 
display a notice under subclause (III), 
and are aware that it is a violation of 
the requirements of this title for an 
election official to fail to offer an indi-
vidual the opportunity to cast a vote 
using a blank pre-printed paper ballot. 
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‘‘(V) 
PERIOD
OF
APPLICA-
BILITY.—The requirements of this 
clause apply only during the period in 
which the delay is in effect under 
clause (i). 
‘‘(C) SPECIAL
RULE
FOR
JURISDICTIONS 
USING
CERTAIN
NONTABULATING
BALLOT 
MARKING DEVICES.—In the case of a jurisdic-
tion which uses a nontabulating ballot marking 
device which automatically deposits the ballot 
into a privacy sleeve, subparagraph (A) shall 
apply to a voting system in the jurisdiction as 
if the reference in such subparagraph to ‘any 
election for Federal office held in 2022 or any 
succeeding year’ were a reference to ‘elections 
for Federal office occurring held in 2024 or 
each succeeding year’, but only with respect to 
paragraph (3)(B)(iii)(II) of subsection (a) (re-
lating to nonmanual casting of the durable 
paper ballot).’’. 
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TITLE VII—PROVISIONAL 
BALLOTS 
SEC. 7001. REQUIREMENTS FOR COUNTING PROVISIONAL 
BALLOTS; ESTABLISHMENT OF UNIFORM AND 
NONDISCRIMINATORY STANDARDS. 
(a) IN GENERAL.—Section 302 of the Help America 
Vote Act of 2002 (52 U.S.C. 21082) is amended— 
(1) by redesignating subsection (d) as sub-
section (f); and 
(2) by inserting after subsection (c) the fol-
lowing new subsections: 
‘‘(d) STATEWIDE COUNTING OF PROVISIONAL BAL-
LOTS.— 
‘‘(1) IN GENERAL.—For purposes of subsection 
(a)(4), notwithstanding the precinct or polling place 
at which a provisional ballot is cast within the State, 
the appropriate election official of the jurisdiction in 
which the individual is registered shall count each 
vote on such ballot for each election in which the in-
dividual who cast such ballot is eligible to vote. 
‘‘(2) EFFECTIVE DATE.—This subsection shall 
apply with respect to elections held on or after Janu-
ary 1, 2022. 
‘‘(e) UNIFORM
AND NONDISCRIMINATORY STAND-
ARDS.— 
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‘‘(1) IN
GENERAL.—Consistent with the re-
quirements of this section, each State shall establish 
uniform and nondiscriminatory standards for the 
issuance, handling, and counting of provisional bal-
lots. 
‘‘(2) EFFECTIVE DATE.—This subsection shall 
apply with respect to elections held on or after Janu-
ary 1, 2022.’’. 
(b) CONFORMING AMENDMENT.—Section 302(f) of 
such Act (52 U.S.C. 21082(f)), as redesignated by sub-
section (a), is amended by striking ‘‘Each State’’ and in-
serting ‘‘Except as provided in subsections (d)(2) and 
(e)(2), each State’’. 
TITLE VIII—EARLY VOTING 
SEC. 8001. EARLY VOTING. 
(a) REQUIREMENTS.—Subtitle A of title III of the 
Help America Vote Act of 2002 (52 U.S.C. 21081 et seq.), 
as amended by section 1201(a) and section 2001(a), is 
amended— 
(1) by redesignating sections 306 and 307 as 
sections 307 and 308; and 
(2) by inserting after section 305 the following 
new section: 
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‘‘SEC. 306. EARLY VOTING. 
‘‘(a) REQUIRING VOTING PRIOR TO DATE OF ELEC-
TION.— 
‘‘(1) IN GENERAL.—Each State shall allow indi-
viduals to vote in an election for Federal office dur-
ing an early voting period which occurs prior to the 
date of the election, in the same manner as voting 
is allowed on such date. 
‘‘(2) LENGTH
OF
PERIOD.—The early voting 
period required under this subsection with respect to 
an election shall consist of a period of consecutive 
days (including weekends) which begins on the 15th 
day before the date of the election (or, at the option 
of the State, on a day prior to the 15th day before 
the date of the election) and ends on the date of the 
election. 
‘‘(b) MINIMUM EARLY VOTING REQUIREMENTS.— 
Each polling place which allows voting during an early vot-
ing period under subsection (a) shall— 
‘‘(1) allow such voting for no less than 10 hours 
on each day; 
‘‘(2) have uniform hours each day for which 
such voting occurs; and 
‘‘(3) allow such voting to be held for some pe-
riod of time prior to 9:00 a.m (local time) and some 
period of time after 5:00 p.m. (local time). 
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159 
‘‘(c) LOCATION OF POLLING PLACES.— 
‘‘(1) 
PROXIMITY
TO
PUBLIC
TRANSPOR-
TATION.—To the greatest extent practicable, a State 
shall ensure that each polling place which allows vot-
ing during an early voting period under subsection 
(a) is located within walking distance of a stop on 
a public transportation route. 
‘‘(2) AVAILABILITY
IN
RURAL
AREAS.—The 
State shall ensure that polling places which allow 
voting during an early voting period under sub-
section (a) will be located in rural areas of the State, 
and shall ensure that such polling places are located 
in communities which will provide the greatest op-
portunity for residents of rural areas to vote during 
the early voting period. 
‘‘(3) COLLEGE CAMPUSES.—The State shall en-
sure that polling places which allow voting during an 
early voting period under subsection (a) will be lo-
cated on campuses of institutions of higher edu-
cation in the State. 
‘‘(d) STANDARDS.— 
‘‘(1) IN GENERAL.—The Commission shall issue 
standards for the administration of voting prior to 
the day scheduled for a Federal election. Such 
standards shall include the nondiscriminatory geo-
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160 
graphic placement of polling places at which such 
voting occurs. 
‘‘(2) DEVIATION.—The standards described in 
paragraph (1) shall permit States, upon providing 
adequate public notice, to deviate from any require-
ment in the case of unforeseen circumstances such 
as a natural disaster, terrorist attack, or a change 
in voter turnout. 
‘‘(e) BALLOT PROCESSING AND SCANNING REQUIRE-
MENTS.— 
‘‘(1) IN GENERAL.—The State shall begin proc-
essing and scanning ballots cast during in-person 
early voting for tabulation at least 14 days prior to 
the date of the election involved. 
‘‘(2) LIMITATION.—Nothing in this subsection 
shall be construed to permit a State to tabulate bal-
lots in an election before the closing of the polls on 
the date of the election. 
‘‘(f) EFFECTIVE DATE.—This section shall apply 
with respect to the regularly scheduled general election for 
Federal office held in November 2022 and each succeeding 
election for Federal office.’’. 
(b) 
CONFORMING
AMENDMENT
RELATING
TO 
ISSUANCE OF VOLUNTARY GUIDANCE BY ELECTION AS-
SISTANCE COMMISSION.—Section 321(b) of such Act (52 
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161 
U.S.C. 21101(b)), as redesignated and amended by sec-
tion 2001(b), is amended— 
(1) by striking ‘‘and’’ at the end of paragraph 
(3); 
(2) by striking the period at the end of para-
graph (4) and inserting ‘‘; and’’; and 
(3) by adding at the end the following new 
paragraph: 
‘‘(5) except as provided in paragraph (4), in the 
case of the recommendations with respect to any sec-
tion added by the Voter Empowerment Act of 2021, 
June 30, 2022.’’. 
(c) CLERICAL AMENDMENT.—The table of contents 
of such Act, as amended by section 1201(c) and section 
2001(c), is amended— 
(1) by redesignating the items relating to sec-
tions 306 and 307 as relating to sections 307 and 
308; and 
(2) by inserting after the item relating to sec-
tion 305 the following new item: 
‘‘Sec. 306. Early voting.’’. 
TITLE IX—VOTING BY MAIL 
SEC. 9001. VOTING BY MAIL. 
(a) REQUIREMENTS.—Subtitle A of title III of the 
Help America Vote Act of 2002 (52 U.S.C. 21081 et seq.), 
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162 
as amended by section 1201(a), section 2001(a), and sec-
tion 8001(a), is amended— 
(1) by redesignating sections 307 and 308 as 
sections 308 and 309; and 
(2) by inserting after section 306 the following 
new section: 
‘‘SEC. 307. PROMOTING ABILITY OF VOTERS TO VOTE BY 
MAIL. 
‘‘(a) UNIFORM AVAILABILITY OF ABSENTEE VOTING 
TO ALL VOTERS.— 
‘‘(1) IN GENERAL.—If an individual in a State 
is eligible to cast a vote in an election for Federal 
office, the State may not impose any additional con-
ditions or requirements on the eligibility of the indi-
vidual to cast the vote in such election by absentee 
ballot by mail. 
‘‘(2) ADMINISTRATION OF VOTING BY MAIL.— 
‘‘(A) PROHIBITING
IDENTIFICATION
RE-
QUIREMENT AS CONDITION OF OBTAINING BAL-
LOT.—A State may not require an individual to 
provide any form of identification as a condition 
of obtaining an absentee ballot, except that 
nothing in this paragraph may be construed to 
prevent a State from requiring a signature of 
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163 
the individual or similar affirmation as a condi-
tion of obtaining an absentee ballot. 
‘‘(B) PROHIBITING REQUIREMENT TO PRO-
VIDE
NOTARIZATION
OR
WITNESS
SIGNATURE 
AS CONDITION OF OBTAINING OR CASTING BAL-
LOT.—A State may not require notarization or 
witness signature or other formal authentica-
tion (other than voter attestation) as a condi-
tion of obtaining or casting an absentee ballot. 
‘‘(C) DEADLINE
FOR
RETURNING
BAL-
LOT.—A State may impose a reasonable dead-
line for requesting the absentee ballot and re-
lated voting materials from the appropriate 
State or local election official and for returning 
the ballot to the appropriate State or local elec-
tion official. 
‘‘(3) NO EFFECT ON IDENTIFICATION REQUIRE-
MENTS FOR FIRST-TIME VOTERS REGISTERING BY 
MAIL.—Nothing in this subsection may be construed 
to exempt any individual described in paragraph (1) 
of section 303(b) from meeting the requirements of 
paragraph (2) of such section. 
‘‘(b) DUE PROCESS REQUIREMENTS
FOR STATES 
REQUIRING SIGNATURE VERIFICATION.— 
‘‘(1) REQUIREMENT.— 
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‘‘(A) IN GENERAL.—A State may not im-
pose a signature verification requirement as a 
condition of accepting and counting an absentee 
ballot submitted by any individual with respect 
to an election for Federal office unless the 
State meets the due process requirements de-
scribed in paragraph (2). 
‘‘(B) SIGNATURE VERIFICATION REQUIRE-
MENT DESCRIBED.—In this subsection, a ‘sig-
nature verification requirement’ is a require-
ment that an election official verify the identi-
fication of an individual by comparing the indi-
vidual’s signature on the absentee ballot with 
the individual’s signature on the official list of 
registered voters in the State or another official 
record or other document used by the State to 
verify the signatures of voters. 
‘‘(2) DUE PROCESS REQUIREMENTS.— 
‘‘(A) NOTICE AND OPPORTUNITY TO CURE 
DISCREPANCY
IN
SIGNATURES.—If an indi-
vidual submits an absentee ballot and the ap-
propriate State or local election official deter-
mines that a discrepancy exists between the sig-
nature on such ballot and the signature of such 
individual on the official list of registered voters 
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in the State or other official record or 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— 
‘‘(i) make a good faith effort to imme-
diately notify the individual by mail, tele-
phone, and (if available) text message and 
electronic mail that— 
‘‘(I) a discrepancy exists between 
the signature on such ballot and the 
signature of the individual on the offi-
cial list of registered voters in the 
State or other official record or docu-
ment used by the State to verify the 
signatures of voters, and 
‘‘(II) if such discrepancy is not 
cured prior to the expiration of the 
10-day period which begins on the 
date the official notifies the individual 
of the discrepancy, such ballot will not 
be counted; and 
‘‘(ii) cure such discrepancy and count 
the ballot if, prior to the expiration of the 
10-day period described in clause (i)(II), 
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the individual provides the official with in-
formation to cure such discrepancy, either 
in person, by telephone, or by electronic 
methods. 
‘‘(B) NOTICE AND OPPORTUNITY TO CURE 
MISSING SIGNATURE OR OTHER DEFECT.—If an 
individual submits an absentee ballot without a 
signature or submits an absentee ballot with 
another defect which, if left uncured, would 
cause the ballot to not be counted, the appro-
priate State or local election official, prior to 
making a final determination as to the validity 
of the ballot, shall— 
‘‘(i) make a good faith effort to imme-
diately notify the individual by mail, tele-
phone, and (if available) text message and 
electronic mail that— 
‘‘(I) the ballot did not include a 
signature or has some other defect, 
and 
‘‘(II) if the individual does not 
provide the missing signature or cure 
the other defect prior to the expira-
tion of the 10-day period which begins 
on the date the official notifies the in-
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167 
dividual that the ballot did not include 
a signature or has some other defect, 
such ballot will not be counted; and 
‘‘(ii) count the ballot if, prior to the 
expiration of the 10-day period described 
in clause (i)(II), the individual provides the 
official with the missing signature on a 
form proscribed by the State or cures the 
other defect. 
This subparagraph does not apply with respect 
to a defect consisting of the failure of a ballot 
to meet the applicable deadline for the accept-
ance of the ballot, as described in subsection 
(e). 
‘‘(C) OTHER REQUIREMENTS.—An election 
official may not make a determination that a 
discrepancy exists between the signature on an 
absentee ballot and the signature of the indi-
vidual who submits the ballot 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 unless— 
‘‘(i) at least 2 election officials make 
the determination; 
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‘‘(ii) each official who makes the de-
termination has received training in proce-
dures used to verify signatures; and 
‘‘(iii) of the officials who make the de-
termination, at least one is affiliated with 
the political party whose candidate received 
the most votes in the most recent statewide 
election for Federal office held in the State 
and at least one is affiliated with the polit-
ical party whose candidate received the 
second most votes in the most recent state-
wide election for Federal office held in the 
State. 
‘‘(3) REPORT.— 
‘‘(A) IN
GENERAL.—Not later than 120 
days after the end of a Federal election cycle, 
each chief State election official shall submit to 
Congress and the Commission a report con-
taining the following information for the appli-
cable Federal election cycle in the State: 
‘‘(i) The number of ballots invalidated 
due to a discrepancy under this subsection. 
‘‘(ii) Description of attempts to con-
tact voters to provide notice as required by 
this subsection. 
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169 
‘‘(iii) Description of the cure process 
developed by such State pursuant to this 
subsection, including the number of ballots 
determined valid as a result of such proc-
ess. 
‘‘(B) FEDERAL
ELECTION
CYCLE
DE-
FINED.—For purposes of this subsection, the 
term ‘Federal election cycle’ means the period 
beginning on January 1 of any odd numbered 
year and ending on December 31 of the fol-
lowing year. 
‘‘(4) RULE
OF
CONSTRUCTION.—Nothing in 
this subsection shall be construed— 
‘‘(A) to prohibit a State from rejecting a 
ballot attempted to be cast in an election for 
Federal office by an individual who is not eligi-
ble to vote in the election; or 
‘‘(B) to prohibit a State from providing an 
individual with more time and more methods 
for curing a discrepancy in the individual’s sig-
nature, providing a missing signature, or curing 
any other defect than the State is required to 
provide under this subsection. 
‘‘(c) TRANSMISSION
OF APPLICATIONS, BALLOTS, 
AND BALLOTING MATERIALS TO VOTERS.— 
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170 
‘‘(1) AUTOMATIC TRANSMISSION OF ABSENTEE 
BALLOT APPLICATIONS BY MAIL.— 
‘‘(A) TRANSMISSION OF APPLICATIONS.— 
Not later than 60 days before the date of an 
election for Federal office, the appropriate 
State or local election official shall transmit by 
mail an application for an absentee ballot for 
the election to each individual who is registered 
to vote in the election, or, in the case of any 
State that does not register voters, all individ-
uals who are in the State’s central voter file (or 
if the State does not keep a central voter file, 
all individuals who are eligible to vote in such 
election). 
‘‘(B) EXCEPTION
FOR
INDIVIDUALS
AL-
READY
RECEIVING
APPLICATIONS
AUTOMATI-
CALLY.—Subparagraph (A) does not apply with 
respect to an individual to whom the State is 
already required to transmit an application for 
an absentee ballot for the election because the 
individual exercised the option described in sub-
paragraph (D) of paragraph (2) to treat an ap-
plication for an absentee ballot in a previous 
election for Federal office in the State as an ap-
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171 
plication for an absentee ballot in all subse-
quent elections for Federal office in the State. 
‘‘(C) EXCEPTION FOR STATES TRANSMIT-
TING
BALLOTS
WITHOUT
APPLICATION.—Sub-
paragraph (A) does not apply with respect to a 
State which transmits a ballot in an election for 
Federal office in the State to a voter prior to 
the date of the election without regard to 
whether or not the voter submitted an applica-
tion for the ballot to the State. 
‘‘(D) RULE OF CONSTRUCTION.—Nothing 
in this paragraph may be construed to prohibit 
an individual from submitting to the appro-
priate State or local election official an applica-
tion for an absentee ballot in an election for 
Federal office, including through the methods 
described in paragraph (2). 
‘‘(2) OTHER METHODS FOR APPLYING FOR AB-
SENTEE BALLOT.— 
‘‘(A) IN GENERAL.—In addition to such 
other methods as the State may establish for an 
individual to apply for an absentee ballot, the 
State shall permit an individual— 
‘‘(i) to submit an application for an 
absentee ballot online; and 
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