Every Vote Counts Act

[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3867 Introduced in House (IH)]

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117th CONGRESS
  1st Session
                                H. R. 3867

  To amend the Help America Vote Act of 2002 to prohibit a State from 
establishing certain restrictions on voting by mail in an election for 
                Federal office, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 14, 2021

 Mrs. Demings (for herself and Mr. Sarbanes) introduced the following 
bill; which was referred to the Committee on House Administration, and 
 in addition to the Committee on Science, Space, and Technology, for a 
 period to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

_______________________________________________________________________

                                 A BILL


 
  To amend the Help America Vote Act of 2002 to prohibit a State from 
establishing certain restrictions on voting by mail in an election for 
                Federal office, 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 ``Every Vote Counts Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Congress has the authority under article 1, section 4 
        of the Constitution of the United States to enact laws 
        governing the time, place, and manner of Federal elections.
            (2) Congress has the authority under section 2 of the 15th 
        Amendment to enforce the right of citizens of the United States 
        to vote, which shall not be denied or abridged by the United 
        States, by legislation.
            (3) Section 1 of the 14th Amendment guarantees due process 
        of law and equal protection of the laws.
            (4) The right to vote is the foundation of American 
        democracy. Voting provides the citizenry with a vital check on 
        their elected officials and grants people the political power 
        necessary to exercise and defend the rights guaranteed by the 
        United States Constitution.
            (5) As Dr. Martin Luther King Jr. explained in a speech 
        delivered on May 17, 1957, ``So long as I do not firmly and 
        irrevocably possess the right to vote I do not possess myself. 
        I cannot make up my mind--it is made up for me. I cannot live 
        as a democratic citizen, observing the laws I have helped to 
        enact--I can only submit to the edict of others''.
            (6) The right to vote for all Americans is fundamental and 
        rules for voting and election administration should protect the 
        right to vote and promote voter participation.
            (7) Waiting in long lines discourages people from voting, 
        undermines confidence in the electoral system, and imposes 
        economic costs on voters.
            (8) Multiple studies have shown that voters of all races 
        are more likely to wait in line to vote longer in counties with 
        higher population density, and Latino and Black voters 
        disproportionately live in these areas.
            (9) One way voting in communities of color has been 
        suppressed is through long waits at polling locations. Studies 
        have shown a number of contributing factors, including the 
        drastic reduction of early voting days, poor allocation of 
        resources to certain communities, cuts to election funding, and 
        a reduction of polling locations.
            (10) These problems led to the creation of the bipartisan 
        Presidential Commission on Election Administration, which 
        issued a 2014 report that set forth a standard: ``No citizen 
        should have to wait more than 30 minutes to vote''.
            (11) 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 account of race, color, gender, or previous condition 
        of servitude. The 13th, 14th, 15th, 19th, 24th, and 26th 
        Amendments to the Constitution empower Congress 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 required, nor excessive fines imposed, nor cruel and 
        unusual punishments inflicted.
            (12) American Indian and Alaska Native voters face unique 
        obstacles in a vote-by-mail system. Tribal communities in rural 
        areas often do not have traditional residential mailing 
        addresses and have limited access to transportation. Tribal 
        members have distant rural post offices, slow mail routes, 
        limited numbers of post office operation, and too few post 
        office boxes. As a result, rural Tribal communities require 
        distinct voting accommodations to ensure participation in a 
        vote-by-mail system.
            (13) The Cybersecurity and Infrastructure Security Agency 
        Elections Infrastructure Government Coordinating Council and 
        Sector Coordinating Councils Joint COVID Working Group 
        designated ballot drop boxes are a secure and convenient means 
        for votes to return their mail ballot.
            (14) The Cybersecurity and Infrastructure Security Agency 
        Elections Infrastructure Government Coordinating Council and 
        Sector Coordinating Councils Joint COVID Working Group says 
        best practices require one drop box for every 15,000 voters and 
        no more than 50 miles in between drop boxes in rural areas.

SEC. 3. ABSENTEE BALLOT TRACKING PROGRAM.

    (a) Requirements.--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, respectively; and
            (2) by inserting after section 303 the following new 
        section:

``SEC. 304. ABSENTEE BALLOT TRACKING PROGRAM.

    ``(a) Requirement.--Each State shall carry out a program to track 
and confirm the receipt of absentee ballots in an election for Federal 
office under which the State or local election official responsible for 
the receipt of voted absentee ballots in the election carries out 
procedures to track and confirm the receipt of such ballots, and makes 
information on the receipt of such ballots available to the individual 
who cast the ballot, by means of online access using the Internet site 
of the official's office.
    ``(b) Information on Whether Vote Was Counted.--The information 
referred to under subsection (a) with respect to the receipt of an 
absentee ballot shall include information regarding whether the vote 
cast on the ballot was counted, and, in the case of a vote which was 
not counted, the reasons therefor.
    ``(c) Use of Toll-Free Telephone Number by Officials Without 
Internet Site.--A program established by a State or local election 
official whose office does not have an Internet site may meet the 
requirements of subsection (a) if the official has established a toll-
free telephone number that may be used by an individual who cast an 
absentee ballot to obtain the information on the receipt of the voted 
absentee ballot as provided under such subsection.
    ``(d) 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) Reimbursement for Costs Incurred by States in Establishing 
Program.--Subtitle D of title II of the Help America Vote Act of 2002 
(42 U.S.C. 15401 et seq.) is amended by adding at the end the following 
new part:

     ``PART 7--PAYMENTS TO REIMBURSE STATES FOR COSTS INCURRED IN 
 ESTABLISHING PROGRAM TO TRACK AND CONFIRM RECEIPT OF ABSENTEE BALLOTS

``SEC. 297. PAYMENTS TO STATES.

    ``(a) Payments For Costs of Program.--In accordance with this 
section, the Commission shall make a payment to a State to reimburse 
the State for the costs incurred in establishing the absentee ballot 
tracking program under section 305 (including costs incurred prior to 
the date of the enactment of this part).
    ``(b) Certification of Compliance and Costs.--
            ``(1) Certification required.--In order to receive a 
        payment under this section, a State shall submit to the 
        Commission a statement containing--
                    ``(A) a certification that the State has 
                established an absentee ballot tracking program with 
                respect to elections for Federal office held in the 
                State; and
                    ``(B) a statement of the costs incurred by the 
                State in establishing the program.
            ``(2) Amount of payment.--The amount of a payment made to a 
        State under this section shall be equal to the costs incurred 
        by the State in establishing the absentee ballot tracking 
        program, as set forth in the statement submitted under 
        paragraph (1), except that such amount may not exceed the 
        product of--
                    ``(A) the number of jurisdictions in the State 
                which are responsible for operating the program; and
                    ``(B) $3,000.
            ``(3) Limit on number of payments received.--A State may 
        not receive more than one payment under this part.

``SEC. 297A. AUTHORIZATION OF APPROPRIATIONS.

    ``(a) Authorization.--There are authorized to be appropriated to 
the Commission for fiscal year 2022 and each succeeding fiscal year 
such sums as may be necessary for payments under this part.
    ``(b) Continuing Availability of Funds.--Any amounts appropriated 
pursuant to the authorization under this section shall remain available 
until expended.''.
    (c) Conforming Amendment Relating to Enforcement.--Section 401 of 
such Act (52 U.S.C. 21111) is amended by striking ``sections 301, 302, 
and 303'' and inserting ``subtitle A of title III''.
    (d) Clerical Amendments.--The table of contents of such Act is 
amended--
            (1) by adding at the end of the items relating to subtitle 
        D of title II the following:

     ``Part 7--Payments To Reimburse States for Costs Incurred in 
 Establishing Program To Track and Confirm Receipt of Absentee Ballots

``Sec. 297. Payments to States.
``Sec. 297A. Authorization of appropriations.'';
            (2) by redesignating the items relating to sections 304 and 
        305 as relating to sections 305 and 306, respectively; and
            (3) by inserting after the item relating to section 303 the 
        following new item:

``Sec. 304. Absentee ballot tracking program.''.

SEC. 4. REQUIRING STATES TO PROVIDE SECURED DROP BOXES FOR VOTED 
              ABSENTEE BALLOTS IN ELECTIONS FOR FEDERAL OFFICE.

    (a) Requirement.--Subtitle A of title III of the Help America Vote 
Act of 2002 (52 U.S.C. 21081 et seq.), as amended by section 3(a), is 
amended--
            (1) by redesignating sections 305 and 306 as sections 306 
        and 307, respectively; and
            (2) by inserting after section 304 the following new 
        section:

``SEC. 305. USE OF SECURED DROP BOXES FOR VOTED ABSENTEE BALLOTS.

    ``(a) Requiring Use of Drop Boxes.--In each county in the State, 
each State shall provide in-person, secured, and clearly labeled drop 
boxes at which individuals may, at any time during the period described 
in subsection (b), drop off voted absentee ballots in an election for 
Federal office.
    ``(b) Minimum Period for Availability of Drop Boxes.--The period 
described in this subsection is, with respect to an election, the 
period which begins 45 days before the date of the election and which 
ends at the time the polls close for the election in the county 
involved.
    ``(c) Accessibility.--
            ``(1) In general.--Each State shall ensure that the drop 
        boxes provided under this section are accessible for use--
                    ``(A) by individuals with disabilities, as 
                determined in consultation with the protection and 
                advocacy systems (as defined in section 102 of the 
                Developmental Disabilities Assistance and Bill of 
                Rights Act of 2000 (42 U.S.C. 15002)) of the State; and
                    ``(B) by individuals with limited proficiency in 
                the English language.
            ``(2) Determination of accessibility for individuals with 
        disabilities.--For purposes of this subsection, drop boxes 
        shall be considered to be accessible for use by individuals 
        with disabilities if the drop boxes meet such criteria as the 
        Attorney General may establish for such purposes.
            ``(3) Rule of construction.--If a State provides a drop box 
        under this section on the grounds of or inside a building or 
        facility which serves as a polling place for an election during 
        the period described in subsection (b), nothing in this 
        subsection may be construed to waive any requirements regarding 
        the accessibility of such polling place for the use of 
        individuals with disabilities or individuals with limited 
        proficiency in the English language.
    ``(d) Number of Drop Boxes.--
            ``(1) Formula for determination of number.--The number of 
        drop boxes provided under this section in a county with respect 
        to an election shall be determined as follows:
                    ``(A) In the case of a county in which the number 
                of individuals who are residents of the county and who 
                are registered to vote in the election is equal to or 
                greater than 20,000, the number of drop boxes shall be 
                a number equal to or greater than the number of such 
                individuals divided by 20,000 (rounded to the nearest 
                whole number).
                    ``(B) In the case of any other county, the number 
                of drop boxes shall be equal to or greater than one.
            ``(2) Timing.--For purposes of this subsection, the number 
        of individuals who reside in a county and who are registered to 
        vote in the election shall be determined as of the 90th day 
        before the date of the election.
    ``(e) Location of Drop Boxes.--The State shall determine the 
location of drop boxes provided under this section in a county on the 
basis of criteria which ensure that the drop boxes are--
            ``(1) available to all voters on a non-discriminatory 
        basis;
            ``(2) accessible to voters with disabilities (in accordance 
        with subsection (c));
            ``(3) accessible by public transportation to the greatest 
        extent possible;
            ``(4) available during all hours of the day; and
            ``(5) sufficiently available in all communities in the 
        county, including rural communities and on Tribal lands within 
        the county (subject to subsection (f)).
    ``(f) Rules for Drop Boxes on Tribal Lands.--In making a 
determination of the number and location of drop boxes provided under 
this section on Tribal lands in a county, the appropriate State and 
local election officials shall--
            ``(1) consult with Tribal leaders prior to making the 
        determination; and
            ``(2) take into account criteria such as the availability 
        of direct-to-door residential mail delivery, the distance and 
        time necessary to travel to the drop box locations (including 
        in inclement weather), modes of transportation available, 
        conditions of roads, and the availability (if any) of public 
        transportation.
    ``(g) Posting of Information.--On or adjacent to each drop box 
provided under this section, the State shall post information on the 
requirements that voted absentee ballots must meet in order to be 
counted and tabulated in the election.
    ``(h) 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) Clerical Amendment.--The table of contents of such Act, as 
amended by section 3(d), is amended--
            (1) by redesignating the items relating to sections 305 and 
        306 as relating to sections 306 and 307, respectively; and
            (2) by inserting after the item relating to section 304 the 
        following new item:

``Sec. 305. Use of secured drop boxes for voted absentee ballots.''.

SEC. 5. DEVELOPMENT OF ALTERNATIVE VERIFICATION METHODS.

    (a) Development of Standards.--The National Institute of Standards, 
in consultation with the Election Assistance Commission, shall develop 
standards for the use of alternative methods which could be used in 
place of signature verification requirements for purposes of verifying 
the identification of an individual voting by absentee ballot in 
elections for Federal office.
    (b) Public Notice and Comment.--The National Institute of Standards 
shall solicit comments from the public in the development of standards 
under paragraph (1).
    (c) Deadline.--Not later than one year after the date of the 
enactment of this Act, the National Institute of Standards shall 
publish the standards developed under paragraph (1).
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