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Title IX — Voting by Mail

S. 549 · 116th Congress · Feb 25, 2019 · Lineage

IX Voting by Mail

Sec. 901 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.), as amended by section 131(a), section 201(a), and section 801(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:

“307. Promoting ability of voters to vote by mail

“(a) 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 conditions or requirements on the eligibility of the individual to cast the vote in such election by absentee ballot by mail, except as required under subsection (b) and except to the extent that the State imposes a deadline for requesting the ballot and related voting materials from the appropriate State or local election official and for returning the ballot to the appropriate State or local election official.

“(b) Requiring signature verification—A State may not accept and process an absentee ballot submitted by any individual with respect to an election for Federal office unless the State verifies the identification of the individual by comparing the individual’s signature on the absentee ballot with the individual’s signature on the official list of registered voters in the State, in accordance with such procedures as the State may adopt.

“(c) Deadline for providing balloting materials—If an individual requests to vote by absentee ballot in an election for Federal office, the appropriate State or local election official shall ensure that the ballot and relating voting materials are transmitted to the individual—

“(1) not later than 2 weeks before the date of the election; or

“(2) in the case of a State which imposes a deadline for requesting an absentee ballot and related voting materials which is less than 2 weeks before the date of the election, as expeditiously as possible.

“(d) Accessibility for individuals with disabilities—Consistent with section 305, the State shall ensure that all absentee ballots and related voting materials in elections for Federal office are accessible to individuals with disabilities in a manner that provides the same opportunity for access and participation (including with privacy and independence) as for other voters.

“(e) Uniform deadline for acceptance of mailed ballots—If a ballot submitted by an individual by mail with respect to an election for Federal office in a State is postmarked on or before the date of the election, the State may not refuse to accept or process the ballot on the grounds that the individual did not meet a deadline for returning the ballot to the appropriate State or local election official.

“(f) No effect on ballots submitted by absent military and overseas voters—Nothing in this section may be construed to affect the treatment of any ballot submitted by an individual who is entitled to vote by absentee ballot under the Uniformed and Overseas Citizens Absentee Voting Act (52 U.S.C. 20301 et seq.).

“(g) Effective date—This section shall apply with respect to elections held on or after January 1, 2020.”

(b)
Conforming amendment relating to issuance of voluntary guidance by election assistance commission— Section 311(b) of such Act (52 U.S.C. 21101(b)), as amended by section 201(b) and section 801(b), is amended—
(1)
by striking “and” at the end of paragraph (4);
(2)
by striking the period at the end of paragraph (5) and inserting “; and”; and
(3)
by adding at the end the following new paragraph:

“(6) in the case of the recommendations with respect to section 307, June 30, 2020.”

(c)
Clerical amendment— The table of contents of such Act, as amended by section 131(c), section 201(c), and section 801(c), is amended—
(1)
by redesignating the items relating to sections 307 and 308 as relating to sections 308 and 309; and
(2)
by inserting after the item relating to section 306 the following new item: