VoteSafe Act of 2020

II 116TH CONGRESS 2D SESSION S. 3725 To expand vote by mail and early voting, and to improve the safety, accessi- bility, and efficiency of in-person voting during elections for Federal office. IN THE SENATE OF THE UNITED STATES MAY 13, 2020 Ms. HARRIS introduced the following bill; which was read twice and referred to the Committee on Rules and Administration A BILL To expand vote by mail and early voting, and to improve the safety, accessibility, and efficiency of in-person voting during elections for Federal office. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘VoteSafe Act of 2020’’. 4 SEC. 2. FINDINGS. 5 Congress finds the following: 6 (1) The right to vote is the foundation of Amer- 7 ican democracy. Voting provides the citizenry with a 8 vital check on their elected officials and grants peo- 9 VerDate Sep 11 2014 15:46 Jun 02, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S3725.IS S3725 pamtmann on DSKBC07HB2PROD with BILLS 2 •S 3725 IS ple the political power necessary to exercise and de- 1 fend the rights guaranteed by the United States 2 Constitution. 3 (2) The Elections Clause of the United States 4 Constitution gives Congress sweeping power to regu- 5 late the time, place, and manner of Federal elections 6 (Article I, section 4 of the Constitution of the 7 United States; see also Arizona v. Inter Tribal 8 Council of Arizona, Inc., 570 U.S. 1 (2013)). Con- 9 gress also has enforcement power under the Four- 10 teenth and Fifteenth Amendments of the Constitu- 11 tion of the United States. 12 (3) As Dr. Martin Luther King Jr. explained in 13 a speech delivered on May 17, 1957, ‘‘So long as I 14 do not firmly and irrevocably possess the right to 15 vote I do not possess myself. I cannot make up my 16 mind—it is made up for me. I cannot live as a 17 democratic citizen, observing the laws I have helped 18 to enact—I can only submit to the edict of others.’’. 19 (4) The right to vote was not guaranteed to all 20 Americans at our Nation’s founding. The ratification 21 of the Fifteenth and Nineteenth Amendments, the 22 civil rights movement’s struggle for justice and 23 equality, and the enactment of the Voting Rights 24 VerDate Sep 11 2014 15:46 Jun 02, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S3725.IS S3725 pamtmann on DSKBC07HB2PROD with BILLS 3 •S 3725 IS Act of 1965 and its subsequent amendments suc- 1 ceeded in expanding access to the franchise. 2 (5) Unfortunately, the barriers faced by voters 3 who have historically experienced the greatest obsta- 4 cles to voting are exacerbated by the coronavirus 5 (COVID–19) pandemic. 6 (6) Strategies to mitigate the spread of 7 COVID–19 include ‘‘social distancing’’, a practice 8 that requires individuals to maintain a distance be- 9 tween themselves and other people in order to avoid 10 acquiring or transmitting the virus. The need to em- 11 brace such precautions will require States to quickly 12 modify voting processes to minimize person-to-per- 13 son contact. 14 (7) Voting by mail is a critical part of the solu- 15 tion and must be expanded as quickly as possible, 16 not simply as a means of ensuring access during 17 public health emergencies, but also as a means of ex- 18 panding access to the franchise to those whose work, 19 health, or ability to access the ballot may be limited. 20 (8) However, safe and secure in-person voting 21 remains vitally important for large groups of voters, 22 including voters with disabilities, language minority 23 voters, American Indian and Alaska Native voters, 24 and African-American voters. 25 VerDate Sep 11 2014 15:46 Jun 02, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S3725.IS S3725 pamtmann on DSKBC07HB2PROD with BILLS 4 •S 3725 IS (9) The Americans with Disabilities Act of 1 1990 (42 U.S.C. 12101 et seq.) and the Rehabilita- 2 tion Act of 1973 (29 U.S.C. 701 et seq.) require 3 that individuals with disabilities have equal access to 4 every aspect of the voting process. Vote-by-mail 5 poses various accessibility challenges for voters with 6 disabilities, including blind, low-vision, or other 7 print-disabled voters who may require in-person vot- 8 ing or assistive technology in order to privately and 9 independently mark their ballots. Remedies for vot- 10 ers with disabilities require an investment of re- 11 sources to ensure State and local election websites, 12 online voter registration portals, and vote-by-mail 13 systems are accessible; that in-person voting loca- 14 tions permit a safe, dignified, and accessible voting 15 experience; and that the right of voters with disabil- 16 ities to a secret ballot is not sacrificed due to the 17 pandemic. 18 (10) Language minority voters face unique bar- 19 riers to voting that require additional resources and 20 support to ensure full and equal access, including 21 additional resources to ensure local compliance with 22 the language minority voting protections in section 23 203 of the Voting Rights Act of 1965 (52 U.S.C. 24 10503) and greater language assistance services, in- 25 VerDate Sep 11 2014 15:46 Jun 02, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S3725.IS S3725 pamtmann on DSKBC07HB2PROD with BILLS 5 •S 3725 IS cluding additional bilingual or multilingual poll 1 workers and election workers. 2 (11) American Indian and Alaska Native voters 3 face unique obstacles in a vote-by-mail system. Trib- 4 al communities in rural areas often do not have tra- 5 ditional residential mailing addresses and have lim- 6 ited access to transportation. Tribal members have 7 distant rural post offices, slow mail routes, limited 8 numbers of post office operation, and too few post 9 office boxes. As a result, rural Tribal communities 10 require distinct voting accommodations to ensure 11 participation in a vote-by-mail system. 12 (12) Finally, in-person voting holds great sig- 13 nificance for African-American voters, for whom the 14 right to vote was hard won. African Americans have 15 been excluded from the franchise through State and 16 local laws, poll taxes, voting literacy tests, physical 17 violence, and lynchings. For many African-American 18 voters today, casting a ballot at one’s polling place 19 is a solemn ritual that honors those who sacrificed 20 their safety and their lives in order to secure the 21 right to vote. However, COVID–19 poses substantial 22 risks to the African-American population and has in- 23 fected and killed African Americans in the United 24 States at disproportionately high rates, highlighting 25 VerDate Sep 11 2014 15:46 Jun 02, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S3725.IS S3725 pamtmann on DSKBC07HB2PROD with BILLS 6 •S 3725 IS longstanding inequalities in resources and access to 1 health care. 2 (13) Social distancing designed to curb the 3 COVID–19 pandemic will also greatly impact in-per- 4 son voter registration efforts, including voter reg- 5 istration drives and voter registration services re- 6 quired by the National Voter Registration Act. Many 7 government offices, like State departments of motor 8 vehicles, are currently closed to in-person traffic and 9 are likely to remain closed for an indefinite period 10 of time in 2020. 11 (14) Therefore, it is appropriate for Congress 12 to expand no-excuse absentee vote-by-mail while also 13 ensuring the safety and accessibility of in-person 14 voting and voter registration during exigent cir- 15 cumstances, including the current pandemic. 16 SEC. 3. REQUIREMENTS FOR NO-EXCUSE ABSENTEE VOT- 17 ING, EARLY IN-PERSON VOTING, AND PLAN 18 TO ENSURE POLLING PLACES IMPLEMENT 19 CDC GUIDANCE FOR FEDERAL ELECTIONS IN 20 2020. 21 (a) APPLICABLE FEDERAL ELECTION.—For pur- 22 poses of this section, the term ‘‘applicable Federal elec- 23 tion’’ means any election for Federal office which occurs 24 VerDate Sep 11 2014 15:46 Jun 02, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S3725.IS S3725 pamtmann on DSKBC07HB2PROD with BILLS 7 •S 3725 IS on or after the date that is 60 days after the date of the 1 enactment of this Act and before January 1, 2021. 2 (b) REQUIREMENTS.—In the case of any applicable 3 Federal election, each State and local jurisdiction shall— 4 (1) permit no-excuse mail-in absentee voting as 5 described in subsection (c); 6 (2) maintain an early in-person voting period as 7 described in subsection (d); and 8 (3) establish a plan as described in subsection 9 (e) with respect to in-person voting, including during 10 early voting periods and on the day of the election. 11 (c) NO-EXCUSE MAIL-IN ABSENTEE VOTING.— 12 (1) IN GENERAL.—No-excuse mail-in absentee 13 voting meets the requirements described in this sub- 14 section with respect to an applicable Federal elec- 15 tion, if the State— 16 (A) provides a no-excuse mail-in absentee 17 ballot to every registered voter who requests 18 such a ballot (or, in the case of any State that 19 does not register voters, to every individual who 20 is eligible to vote and requests such a ballot); 21 (B) allows voters to request a mail-in ab- 22 sentee ballot online; 23 (C) if the State requires a signature for 24 absentee ballots, allows voters to provide their 25 VerDate Sep 11 2014 15:46 Jun 02, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S3725.IS S3725 pamtmann on DSKBC07HB2PROD with BILLS 8 •S 3725 IS signature by providing a mark or signature 1 stamp or by providing a signature with the use 2 of an assistant because of age, disability, or 3 other need; 4 (D) accepts and counts ballots received be- 5 fore the State’s certification deadline if the bal- 6 lot— 7 (i) is postmarked by the date of the 8 election; or 9 (ii) includes an indication that it was 10 mailed by the date of the election; 11 (E) provides a pre-paid and self-sealing re- 12 turn envelope for each ballot furnished by mail; 13 (F) beginning with the date that is 45 14 days before the date of the election and ending 15 with the time that polls close on the date of the 16 election, provides in-person, secured drop boxes 17 for voters to submit completed absentee ballots 18 as an alternative to submitting ballots by mail; 19 (G) before discarding any absentee ballot 20 for error or technicalities (including the failure 21 to meet any signature matching requirement 22 that is unrelated to the voter’s qualification)— 23 (i) as soon as practicable, by mail, 24 phone, email, or text message, notifies the 25 VerDate Sep 11 2014 15:46 Jun 02, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S3725.IS S3725 pamtmann on DSKBC07HB2PROD with BILLS 9 •S 3725 IS voter of such defects and explains that the 1 voter may provide information to cure the 2 ballot pursuant to clause (ii), or else the 3 vote will not be counted; and 4 (ii) provides the voter an opportunity 5 to cure such defects that— 6 (I) is uniform among all voters in 7 the State; 8 (II) allows the voter to provide 9 confirmation or information to cure 10 the defect through the same form of 11 communication in which the notice 12 under clause (i) is provided; and 13 (III) in the case of any error re- 14 lating to a signature requirement, 15 meets the requirements of paragraph 16 (2); 17 (H) in the case of any voter with disabil- 18 ities— 19 (i) provides the voter with access to 20 Remote Access Vote By Mail (RAVBM) 21 systems, ballot marking software, and 22 screen reading software; and 23 VerDate Sep 11 2014 15:46 Jun 02, 2020 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S3725.IS S3725 pamtmann on DSKBC07HB2PROD with BILLS 10 •S 3725 IS (ii) allows the voter to receive assist- 1 ance from a person of their choosing to 2 complete and submit a mail-in ballot; 3 (I) ensures adequate support for language 4 minority voters, including multilingual versions 5 of vote-by-mail materials and language assist- 6 ance services; and 7 (J) allows voters to designate a person to 8 return a voted and sealed absentee ballot in ac- 9 cordance with the requirements of paragraph 10 (3). 11 (2) REQUIREMENTS RELATING TO SIGNATURE 12 DEFECTS.—The requirements of this paragraph re- 13 lating to any defect described in paragraph 14 (1)(G)(ii)(III) are the following: 15 (A) In any case in which a ballot is re- 16 turned without a signature, or it is determined 17 that the signature provided with the ballot is 18 not the voter’s authentic signature, the voter 19 shall be provided an opportunity to provide con- 20 firmation or information to cure the signature 21 discrepancy. 22 (B) Voters shall have until the day before 23 certification of election results to provide con- 24 firmation that the signature in question is their 25 VerDate Sep 11 2014 15:46 Jun 02, 2020 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S3725.IS S3725 pamtmann on DSKBC07HB2PROD with BILLS 11 •S 3725 IS genuine signature. The State shall accept con- 1 firmation of a genuine signature orally, in writ- 2 ing, or electronically, and without a separate 3 oath or affirmation. 4 (C) The voter shall have the opportunity to 5 appeal any rejection of the ballot based on the 6 defect or the additional information provided. 7 Such opportunity to appeal must be provided 8 and decided before certification of election re- 9 sults. 10 (D) Any final determination of the validity 11 of the ballot with a signature mismatch shall be 12 made by a group of 2 or more election officials. 13 Where applicable, at least one of the election of- 14 ficials must be of an opposing party. The vote 15 shall be counted unless the officials unani- 16 mously determine, beyond a reasonable doubt, 17 that the ballot is not valid due to signature dis- 18 crepancy. 19 (3) REQUIREMENTS RELATING TO ALLOWING 20 DESIGNATED PERSONS TO RETURN BALLOTS.—The 21 requirements of this paragraph relating to allowing 22 a voter to designate a person to return a voted and 23 sealed absentee ballot are the following: 24 VerDate Sep 11 2014 15:46 Jun 02, 2020 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S3725.IS S3725 pamtmann on DSKBC07HB2PROD with BILLS 12 •S 3725 IS (A) A voter may designate any person to 1 return the voted and sealed absentee ballot to 2 the post office, ballot drop-off location, tribally 3 designated building, or election office. 4 (B) A person designated by a voter under 5 subparagraph (A) shall not receive any form of 6 compensation based on the number of ballots 7 that the person has returned, and no individual, 8 group, or organization shall provide compensa- 9 tion to such person on such basis. 10 (C) The State shall not limit how many 11 voted and sealed ballots any person s [Text truncated for display. 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