For the People Act of 2021 (H.R. 1; 117th Congress)/Division A/Title I/Subtitle I

by John Sarbanes

SEC. 1621. - 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 1031(a), section 1101(a), and section 1611(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 conditions or requirements on the eligibility of the individual to cast the vote in such election by absentee ballot by mail.

“(2) ADMINISTRATION OF VOTING BY MAIL.—

“(A) PROHIBITING IDENTIFICATION REQUIREMENT AS CONDITION OF OBTAINING BALLOT.—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 the individual or similar affirmation as a condition of obtaining an absentee ballot.

“(B) PROHIBITING REQUIREMENT TO PROVIDE NOTARIZATION OR WITNESS SIGNATURE AS CONDITION OF OBTAINING OR CASTING BALLOT.—A State may not require notarization or witness signature or other formal authentication (other than voter attestation) as a condition of obtaining or casting an absentee ballot.

“(C) DEADLINE FOR RETURNING BALLOT.—A State may impose a reasonable deadline for requesting the absentee 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.

“(3) NO EFFECT ON IDENTIFICATION REQUIREMENTS 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.—

“(A) IN GENERAL.—A State may not impose 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 described in paragraph (2).

“(B) SIGNATURE VERIFICATION REQUIREMENT DESCRIBED.—In this subsection, a ‘signature verification requirement’ is a requirement that an election official verify the identification of an 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 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 individual submits an absentee ballot and the appropriate State or local election official determines that a discrepancy exists between the signature on such ballot and the signature of such individual on the official list of registered voters 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 immediately notify the individual by mail, telephone, 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 official list of registered voters in the State or other official record or document 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), the individual provides the official with information 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 appropriate 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 immediately notify the individual by mail, telephone, 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 expiration of the 10-day period which begins on the date the official notifies the individual 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 acceptance 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 individual 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;

“(ii) each official who makes the determination has received training in procedures used to verify signatures; and

“(iii) of the officials who make the determination, 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 political party whose candidate received the second most votes in the most recent statewide 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 containing the following information for the applicable Federal election cycle in the State:

“(i) The number of ballots invalidated due to a discrepancy under this subsection.

“(ii) Description of attempts to contact voters to provide notice as required by this subsection.

“(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 process.

“(B) FEDERAL ELECTION CYCLE DEFINED.—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 following 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 eligible 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 signature, 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.—

“(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 individuals 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 ALREADY RECEIVING APPLICATIONS AUTOMATICALLY.—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 subparagraph (D) of paragraph (2) to treat an application for an absentee ballot in a previous election for Federal office in the State as an application for an absentee ballot in all subsequent elections for Federal office in the State.

“(C) EXCEPTION FOR STATES TRANSMITTING BALLOTS WITHOUT APPLICATION.—Subparagraph (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 application 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 appropriate State or local election official an application for an absentee ballot in an election for Federal office, including through the methods described in paragraph (2).

“(2) OTHER METHODS FOR APPLYING FOR ABSENTEE 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

“(ii) to submit an application for an absentee ballot through the use of an automated telephone-based system, subject to the same terms and conditions applicable under this paragraph to the services made available online.

“(B) TREATMENT OF WEBSITES.—The State shall be considered to meet the requirements of subparagraph (A)(i) if the website of the appropriate State or local election official allows an application for an absentee ballot to be completed and submitted online and if the website permits the individual—

“(i) to print the application so that the individual may complete the application and return it to the official; or

“(ii) request that a paper copy of the application be transmitted to the individual by mail or electronic mail so that the individual may complete the application and return it to the official.

“(C) ENSURING DELIVERY PRIOR TO ELECTION.—If an individual who is eligible to vote in an election for Federal office submits an application for an absentee ballot in the election, the appropriate State or local election official shall ensure that the ballot and relating voting materials are received by the individual prior to the date of the election so long as the individual’s application is received by the official not later than 5 days (excluding Saturdays, Sundays, and legal public holidays) before the date of the election, except that nothing in this paragraph shall preclude a State or local jurisdiction from allowing for the acceptance and processing of absentee ballot applications submitted or received after such required period.

“(D) APPLICATION FOR ALL FUTURE ELECTIONS.—At the option of an individual, a State shall treat the individual’s application to vote by absentee ballot by mail in an election for Federal office as an application for an absentee ballot by mail in all subsequent Federal elections held in the State.

“(3) SAME-DAY PROCESSING.—The United States Postal Service shall ensure, to the maximum extent practicable, that ballots are processed and cleared from any postal facility or post office on the same day the ballots are received at such a facility or post office.

“(d) Accessibility For Individuals With Disabilities.—The State shall ensure that all absentee ballot applications, 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.—

“(1) IN GENERAL.—A State may not refuse to accept or process a ballot submitted by an individual by mail with respect to an election for Federal office in the State on the grounds that the individual did not meet a deadline for returning the ballot to the appropriate State or local election official if—

“(A) the ballot is postmarked or otherwise indicated by the United States Postal Service to have been mailed on or before the date of the election, or has been signed by the voter on or before the date of the election; and

“(B) the ballot is received by the appropriate election official prior to the expiration of the 10-day period which begins on the date of the election.

“(2) RULE OF CONSTRUCTION.—Nothing in this subsection shall be construed to prohibit a State from having a law that allows for counting of ballots in an election for Federal office that are received through the mail after the date that is 10 days after the date of the election.

“(f) Alternative Methods Of Returning Ballots.—

“(1) IN GENERAL.—In addition to permitting an individual to whom a ballot in an election was provided under this section to return the ballot to an election official by mail, the State shall permit the individual to cast the ballot by delivering the ballot at such times and to such locations as the State may establish, including—

“(A) permitting the individual to deliver the ballot to a polling place on any date on which voting in the election is held at the polling place; and

“(B) permitting the individual to deliver the ballot to a designated ballot drop-off location, a tribally designated building, or the office of a State or local election official.

“(2) PERMITTING VOTERS TO DESIGNATE OTHER PERSON TO RETURN BALLOT.—The State—

“(A) shall permit a voter to designate any person to return a voted and sealed absentee ballot to the post office, a ballot drop-off location, tribally designated building, or election office so long as the person designated to return the ballot does not receive any form of compensation based on the number of ballots that the person has returned and no individual, group, or organization provides compensation on this basis; and

“(B) may not put any limit on how many voted and sealed absentee ballots any designated person can return to the post office, a ballot drop off location, tribally designated building, or election office.

“(g) Ballot Processing And Scanning Requirements.—

“(1) IN GENERAL.—The State shall begin processing and scanning ballots cast by mail 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 ballots in an election before the closing of the polls on the date of the election.

“(h) Prohibiting Certain Restrictions On Access To Voting Materials.—

“(1) DISTRIBUTION OF ABSENTEE BALLOT APPLICATIONS BY THIRD PARTIES.—A State may not prohibit any person from providing an application for an absentee ballot in the election to any individual who is eligible to vote in the election.

“(2) UNSOLICITED PROVISION OF VOTER REGISTRATION APPLICATIONS BY ELECTION OFFICIALS.—A State may not prohibit an election official from providing an unsolicited application to register to vote in an election for Federal office to any individual who is eligible to register to vote in the election.

“(i) Rule Of Construction.—Nothing in this section shall be construed to affect the authority of States to conduct elections for Federal office through the use of polling places at which individuals cast ballots.

“(j) 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.).

“(k) 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 1031(c), section 1101(c), and section 1611(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:

“Sec. 307. Promoting ability of voters to vote by mail.”.

(c) Development Of Alternative Verification Methods.—

(1) 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.

(2) PUBLIC NOTICE AND COMMENT.—The National Institute of Standards shall solicit comments from the public in the development of standards under paragraph (1).

(3) DEADLINE.—Not later than 1 year after the date of the enactment of this Act, the National Institute of Standards shall publish the standards developed under paragraph (1).

SEC. 1622. - 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.), as amended by section 1031(a), section 1101(a), section 1611(a), and section 1621(a), is amended—

(1) by redesignating sections 308 and 309 as sections 309 and 310; and

(2) by inserting after section 307 the following new section:

“SEC. 308. 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 Accepted.—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 accepted, and, in the case of a vote which was rejected, 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 308 (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) Clerical Amendments.—The table of contents of such Act, as amended by section 1031(c), section 1101(c), section 1611(c), and section 1621(b), 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 308 and 309 as relating to sections 309 and 310; and

(3) by inserting after the item relating to section 307 the following new item:

“Sec. 308. Absentee ballot tracking program.”.

SEC. 1623. - Voting materials postage.

(a) Prepayment Of Postage On Return Envelopes.—

(1) 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 1031(a), section 1101(a), section 1611(a), section 1621(a), and section 1622(a), is amended—

(A) by redesignating sections 309 and 310 as sections 310 and 311; and

(B) by inserting after section 308 the following new section:

“SEC. 309. PREPAYMENT OF POSTAGE ON RETURN ENVELOPES FOR VOTING MATERIALS.

“(a) Provision Of Return Envelopes.—The appropriate State or local election official shall provide a self-sealing return envelope with—

“(1) any voter registration application form transmitted to a registrant by mail;

“(2) any application for an absentee ballot transmitted to an applicant by mail; and

“(3) any blank absentee ballot transmitted to a voter by mail.

“(b) Prepayment Of Postage.—Consistent with regulations of the United States Postal Service, the State or the unit of local government responsible for the administration of the election involved shall prepay the postage on any envelope provided under subsection (a).

“(c) No Effect On Ballots Or Balloting Materials Transmitted To Absent Military And Overseas Voters.—Nothing in this section may be construed to affect the treatment of any ballot or balloting materials transmitted to 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.).

“(d) Effective Date.—This section shall take effect on the date that is 90 days after the date of the enactment of this section, except that—

“(1) State and local jurisdictions shall make arrangements with the United States Postal Service to pay for all postage costs that such jurisdictions would be required to pay under this section if this section took effect on the date of enactment; and

“(2) States shall take all reasonable efforts to provide self-sealing return envelopes as provided in this section.”.

(2) CLERICAL AMENDMENT.—The table of contents of such Act, as amended by section 1031(c), section 1101(c), section 1611(c), and section 1621(b), is amended—

(A) by redesignating the items relating to sections 309 and 310 as relating to sections 310 and 311; and

(B) by inserting after the item relating to section 308 the following new item:

“Sec. 309. Prepayment of postage on return envelopes for voting materials.”.

(b) Role Of United States Postal Service.—

(1) IN GENERAL.—Chapter 34 of title 39, United States Code, is amended by adding after section 3406 the following:

Ҥ 3407. Voting materials; restrictions on operational changes prior to elections

“(a) Any voter registration application, absentee ballot application, or absentee ballot with respect to any election for Federal office shall be carried in accordance with the service standards established for first-class mail, regardless of the class of postage prepaid.

“(b) In the case of any election mail carried by the Postal Service that consists of a ballot, the Postal Service shall indicate on the ballot envelope, using a postmark or otherwise—

“(1) the fact that the ballot was carried by the Postal Service; and

“(2) the date on which the ballot was mailed.

“(c) During the 120-day period which ends on the date of an election for Federal office, the Postal Service may not carry out any new operational change that would restrict the prompt and reliable delivery of voting materials with respect to the election, including voter registration applications, absentee ballot applications, and absentee ballots. This paragraph applies to operational changes which include removing or eliminating any mail collection box without immediately replacing it, and removing, decommissioning, or any other form of stopping the operation of mail sorting machines, other than for routine maintenance.

“(d) The Postal Service shall appoint an Election Mail Coordinator in every Postal Area and District to facilitate relevant information sharing with State, territorial, local, and tribal election officials in regards to the mailing of voter registration applications, absentee ballot applications, and absentee ballots.

“(e) As used in this section—

“(1) the term ‘absentee ballot’ means any ballot transmitted by a voter by mail in an election for Federal office, but does not include any ballot covered by section 3406; and

“(2) the term ‘election for Federal office’ means a general, special, primary, or runoff election for the office of President or Vice President, or of Senator or Representative in, or Delegate or Resident Commissioner to, the Congress.

“(f) Nothing in this section may be construed to affect the treatment of any ballot or balloting materials transmitted to 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.).”.

(2) MAIL-IN BALLOTS AND POSTAL SERVICE BARCODE SERVICE.—

(A) IN GENERAL.—Section 3001 of title 39, United States Code, is amended by adding at the end the following:

“(p) Any ballot sent within the United States for an election for Federal office is nonmailable and shall not be carried or delivered by mail unless the ballot is mailed in an envelope that—

“(1) contains a Postal Service barcode (or successive service or marking) that enables tracking of each individual ballot;

“(2) satisfies requirements for ballot envelope design that the Postal Service may promulgate by regulation;

“(3) satisfies requirements for machineable letters that the Postal Service may promulgate by regulation; and

“(4) includes the Official Election Mail Logo (or any successor label that the Postal Service may establish for ballots).”.

(B) APPLICATION.—The amendment made by subsection (a) shall apply to any election for Federal office occurring after the date of enactment of this Act.

(3) CLERICAL AMENDMENT.—The table of sections for chapter 34 of such title is amended by inserting after the item relating to section 3406 the following:

“3407. Voting materials; restrictions on operational changes prior to elections.”.

SEC. 1624. - Study and report on vote-by-mail procedures.

(a) Study.—The Election Assistance Commission shall conduct a study on the 2020 elections and compile a list of recommendations to—

(1) help States transitioning to vote-by-mail procedures; and

(2) improve their current vote-by-mail systems.

(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).