118th CONGRESS 1st Session |
To amend the Help America Vote Act of 2002 to establish certain requirements for casting a provisional ballot in a District of Columbia election, and for other purposes.
July 14, 2023
Mr. Loudermilk introduced the following bill; which was referred to the Committee on House Administration
To amend the Help America Vote Act of 2002 to establish certain requirements for casting a provisional ballot in a District of Columbia election, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
This Act may be cited as the “American Confidence in Elections: District of Columbia Provisional Ballot Reform Act”.
SEC. 2. Requirements for provisional ballots with respect to District of Columbia elections.
(a) Requirements.—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. Requirements with respect to provisional ballots in a District of Columba election.
“(a) In general.—Except as provided in subsection (b), the District of Columbia shall permit an individual to cast a provisional ballot pursuant to section 302 if—
“(1) the individual declares that such individual is a registered voter in the District of Columbia and is eligible to vote in a District of Columbia election but the name of the individual does not appear on the official list of eligible voters for the polling place or an election official asserts that the individual is not eligible to vote; or
“(2) the individual declares that such individual is a registered voter in the District of Columbia and is eligible to vote in a District of Columbia election but does not provide a valid identification, except that the individual’s provisional ballot shall not be counted in the election unless the individual provides such identification to the chief State election official of the District of Columbia not later than 5:00 pm on the second day which begins after the date of the election.
“(b) Requirements with respect to counting provisional ballots in certain cases.—If the name of an individual who is a registered voter in the District of Columbia and eligible to vote in a District of Columbia election appears on the official list of eligible voters for a polling place in the District of Columbia, such individual may cast a provisional ballot pursuant to section 302 for such election at a polling place other than the polling place with respect to which the name of the individual appears on the official list of eligible voters, except that the individual’s provisional ballot shall not be counted in the election unless the individual demonstrates pursuant to the requirements under section 302 that the individual is a registered voter in the jurisdiction of the polling place at which the individual cast such ballot.
“(c) District of Columbia election defined.—In this section, the term ‘District of Columbia election’ means any election for public office in the District of Columbia, including an election for Federal office, and any ballot initiative or referendum.”.
(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, respectively; and
(2) by inserting after the item relating to section 303 the following new item:
“Sec. 304. Requirements with respect to provisional ballots in a District of Columba election.”.