VOTE Act
Bill: H.R.4044 | Sponsor: Rep. Donalds, Byron (R-FL)
Policy area: Government Operations and Politics

Summary:
Vote Outcome Transparency in Elections Act or the VOTE Act
This bill establishes certain requirements for counting ballots in federal elections.
Specifically, the bill requires the appropriate state or local election official, within one hour after the closure of a polling place on election day, to submit a report to the chief state election official. The report must document (1) the total number of voted ballots in the possession of the state or local official, and (2) the total number of voted ballots that have been tabulated for the election.
Within one hour after the closure of polling places on election day, the chief state election official must (1) submit a final report to the chief executive of the state, and (2) make the final report publicly available on a government website.
The bill also requires each state and local jurisdiction to ensure that voted ballots delivered by postal mail are postmarked, signed, or otherwise indicated as delivered by the U.S. Postal Service.

To amend the Help America Vote Act of 2002 to require State and local 
  election officials to notify the chief State election official of a 
   State with respect to the number of voted ballots that have been 
 received and counted in an election for Federal office at the time of 
    the closing of polls for such election, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Vote Outcome Transparency in 
Elections Act'' or the ``VOTE Act''.

SEC. 2. BALLOT COUNT REPORTING REQUIREMENT.

    (a) In General.--Subtitle A of title III of the Help America Vote 
Act of 2002 (52 U.S.C. 21081 et seq.) is amended--
            (1) by redesignating sections 304 and 305 as sections 305 
        and 306; and
            (2) by inserting after section 303 the following new 
        section:

``SEC. 304. REPORTING REQUIREMENTS WITH RESPECT TO NUMBER OF BALLOTS.

    ``(a) In General.--Not later than 1 hour after a polling place in a 
State closes in an election for Federal office on the date of such 
election, the appropriate State or local election official for such 
polling place shall provide to the chief State election official of the 
State a report that documents, as of such time--
            ``(1) the total number of voted ballots in the possession 
        of State and local election officials for the election; and
            ``(2) the total number of voted ballots that have been 
        tabulated for such election.
    ``(b) Additional Reporting Requirements.--
            ``(1) Submission to chief executive.--Not later than 1 hour 
        after the latest time that all polling places in a State close 
        in an election for Federal office on the date of such election, 
        the chief State election official of the State shall prepare 
        and submit to the chief executive of the State a final report 
        that documents the results of each report received under 
        subsection (a).
            ``(2) Public availability of final report.--Not later than 
        1 hour after the final report is received under paragraph (1), 
        the chief executive of the State shall make the results of the 
        report publicly available on a Government website.
    ``(c) Effective Date.--This requirement 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 Enforcement.--Section 401 of 
the Help America Vote Act of 2002 (52 U.S.C. 21111) is amended by 
striking ``and 303'' and inserting ``303, and 304''.
    (c) Clerical Amendment.--The table of contents of such Act is 
amended--
            (1) by redesignating the items relating to sections 304 and 
        305 as relating to sections 305 and 306; and
            (2) by inserting after the item relating to section 303 the 
        following new item:

``Sec. 304. Reporting requirements with respect to number of 
                            ballots.''.

SEC. 3. REQUIREMENTS FOR BALLOTS DELIVERED BY MAIL.

    (a) In General.--Subtitle A of title III of the Help America Vote 
Act of 2002 (52 U.S.C. 21081 et seq.), as amended by section 2(a), is 
amended--
            (1) by redesignating sections 305 and 306 as sections 306 
        and 307; and
            (2) by inserting after section 304 the following new 
        section:

``SEC. 305. REQUIREMENTS WITH RESPECT TO A BALLOT DELIVERED BY MAIL.

    ``(a) In General.--Each State and local jurisdiction shall have in 
place policies to ensure that a voted ballot delivered by postal mail 
to the appropriate election official in an election for Federal office 
can be verified to have been delivered by the United States Postal 
Service by means of an appropriate postmark, signature, or other 
indication from the United States Postal Service.
    ``(b) Exceptions.--This section shall not apply with respect to the 
ballot of an absent uniformed services voter or an overseas voter (as 
such terms are defined in section 107 of the Uniformed and Overseas 
Citizens Absentee Voting Act (52 U.S.C. 20310)).
    ``(c) Effective Date.--This requirement 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 Enforcement.--Section 401 of 
the Help America Vote Act of 2002 (52 U.S.C. 21111), as amended by 
section 2(b), is amended by striking ``303, and 304'' and inserting 
``303, 304, and 305''.
    (c) Clerical Amendment.--The table of contents of such Act, as 
amended by section 2(c), is amended--
            (1) by redesignating the items relating to sections 305 and 
        306 as relating to sections 306 and 307; and
            (2) by inserting after the item relating to section 304 the 
        following new item:

``Sec. 305. Requirements with respect to a ballot delivered by mail.''.
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