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H.R. 10700IntroducedHouse · nowSenatePresidentLawIn committee
Sec. 204 · H.R. 10700

Access to absentee voter registration procedures and no-excuse absentee voting for all voters

Title II — State requirements and payments

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(a) In general Title III of the Help America Vote Act of 2002 (52 U.S.C. 21018 et seq.), as amended by sections 201, 202, and 203, is amended— (1) by redesignating sections 307 and 308 as sections 308 and 309; and (2) by inserting after section 306 the following: 307. Access to absentee voter registration procedures and no-excuse absentee voting for all voters (a) In general Notwithstanding section 6(c) and subparagraph (B) or (D) of section 8(a)(1) of the National Voter Registration Act of 1993 (52 U.S.C. 20505(c); 20507(a)(1)), each State shall— (1) permit any eligible voter to— (A) request and utilize absentee ballot procedures for elections for Federal office; and (B) vote by absentee ballot in elections for Federal office; (2) accept and process, with respect to any election for Federal office, any otherwise valid voter registration application from any eligible voter if the application is received by the appropriate State election official not less than 21 days before the election; (3) accept and process, with respect to any election for Federal office, any otherwise valid absentee ballot application from any eligible voter if the application is received by the appropriate State election official not less than 7 days before the election; (4) in addition to any other method of registering to vote in the State, establish procedures— (A) for States to send voter registration applications to eligible voters in accordance with the eligible voter's preferred method of transmission as designated under subparagraph (B); (B) by which an eligible voter may designate whether the eligible voter prefers that such voter registration applications be transmitted by mail or electronically; and (C) to allow eligible voters to electronically submit the mail voter registration application form prescribed under section 9(a)(2) of the National Voter Registration Act of 1993 (52 U.S.C. 20508(a)(2)); (5) in addition to any other method of applying for an absentee ballot in the State, establish procedures— (A) for States to send absentee ballot applications to eligible voters in accordance with the eligible voter’s preferred method of transmission as designated under subparagraph (B); (B) by which an eligible voter may designate whether the eligible voter prefers that such absentee ballot requests be transmitted and submitted by mail or electronically; and (C) under which, not later than 7 days after the appropriate State or local election official has approved or rejected an absentee ballot application, the official shall provide the individual a notice of the disposition of the application, and in the case of rejection of the application provide the individual with the reason for rejection and options to correct or update their application; (6) establish procedures to allow eligible voters to establish a permanent absentee voter status until the voter submits an application to terminate their permanent absentee voter status; (7) transmit a validly requested absentee ballot to any eligible voter— (A) in the case in which the request is received at least 45 days before an election for Federal office, not later than 45 days before the election; and (B) in the case in which the request is received less than 45 days before an election for Federal office— (i) in accordance with State law; and (ii) if practicable and as determined appropriate by the State, in a manner that expedites the transmission of such absentee ballot; and (8) if the State declares or otherwise holds a runoff election for Federal office, establish a written plan which provides that absentee ballots are made available to eligible voters in a manner that gives them sufficient time to vote in the runoff election. (b) Designation of Means of Electronic Communication for eligible voters To Request and for States To Send Voter Registration Applications and Absentee Ballot Applications, and for Other Purposes Related to Voting Information (1) In general Each State shall, in addition to the designation of a single State office under section 305, designate not less than 1 means of electronic communication— (A) for use by eligible voters who wish to register to vote or vote in any jurisdiction in the State to request voter registration applications and absentee ballot applications under paragraphs (3) and (4), respectively, of subsection (a); (B) for use by States to send voter registration applications and absentee ballot applications requested under such paragraphs; (C) for the purpose of providing related voting, balloting, and election information to eligible voters; and (D) that meets the accessibility requirement as described in subsection (d). (2) Clarification regarding provision of multiple means of electronic communication A State may, in addition to the means of electronic communication so designated, provide multiple means of electronic communication to eligible voters, including a means of electronic communication for the appropriate jurisdiction of the State. (3) Inclusion of designated means of electronic communication with informational and instructional materials that accompany balloting materials Each State shall include a means of electronic communication so designated with all informational and instructional materials that accompany balloting materials sent by the State to eligible voters. (4) Transmission if no preference indicated In the case where an eligible voter does not designate a preference under paragraph (3)(B) or (4)(B), respectively, of subsection (a), 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. (5) Coordination with States The Election Assistance Commission shall work with States to ensure the mail voter registration application form prescribed under section 9(a)(2) of the National Voter Registration Act of 1993 (52 U.S.C. 20508(a)(2)) is accessible as defined in section 304 and capable of being submitted electronically to State election offices by individuals. (c) Transmission and marking 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 designated by the eligible voter under subparagraph (B)) to eligible voters for an election for Federal office; and (B) by which the eligible voter may designate whether the individual prefers that such blank absentee ballot be transmitted by mail or electronically. (2) Transmission if no preference indicated In the case where an eligible voter does not designate a preference under paragraph (1)(B), the State shall transmit the ballot by any delivery method allowable in accordance with applicable State law, or if there is no applicable State law, by mail. (3) Marking of blank absentee ballots Each State shall establish procedures to allow voters to securely mark blank absentee ballots through assistive technology for an election for Federal office. (4) Application of methods to track delivery to and return of ballot by individual requesting ballot (A) In general Subject to subparagraph (B), under the procedures established under paragraph (1), the State may apply such methods as the State considers appropriate which are in accordance with paragraph (1), such as assigning a unique identifier to the ballot, to ensure that if an eligible voter requests 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. (B) Limitation In carrying out this paragraph, a State may not adopt a method of tracking absentee ballots which would violate the right of an individual to a private ballot. If a unique identifier is assigned to an absentee ballot, the State must adopt procedures to ensure the identity of the individual remains secret. (d) Accessibility requirement for electronic communications Any electronic communication under this section, including any application, ballot, or instructional material sent electronically, shall be accessible as defined in section 304. (e) Rule of construction Nothing in this section may be construed to allow the casting of ballots over the internet. (f) Effective date This section shall apply with respect to elections for Federal office held on or after January 1, 2027.. (b) Conforming amendments (1) Technical amendment Section 906(a) of the Help America Vote Act of 2002 (52 U.S.C. 21145(a)) is amended, in the matter preceding paragraph (1), by striking section 303(b) and inserting sections 303(b) and 307(a). (2) Clerical amendment The table of contents of such Act is amended by inserting after the item relating to section 306, as added by section 203(b), the following: Sec. 307. Access to absentee registration procedures and no-excuse absentee voting for all voters..

Sec. 204: Access to absentee voter registration procedures and no-excuse absentee voting for all voters · Public Law Tracker