Natural Disaster and Emergency Ballot Act of 2020

II 116TH CONGRESS 2D SESSION S. 4033 To require States to establish contingency plans for the conduct of elections for Federal office in response to national disasters and emergencies, and for other purposes. IN THE SENATE OF THE UNITED STATES JUNE 22, 2020 Ms. KLOBUCHAR (for herself, Mr. WYDEN, Ms. HIRONO, Ms. BALDWIN, Mr. COONS, Mr. SANDERS, Mr. MARKEY, Mr. VAN HOLLEN, Mr. BOOKER, Ms. SMITH, Mr. JONES, Mrs. FEINSTEIN, Mr. PETERS, Mr. DURBIN, Mr. MURPHY, Ms. STABENOW, Mr. BLUMENTHAL, Mr. WARNER, Mrs. MUR- RAY, Mr. HEINRICH, Mr. UDALL, Ms. WARREN, Ms. DUCKWORTH, Ms. CANTWELL, Mr. MENENDEZ, Mr. BROWN, Mr. SCHATZ, Mr. CARPER, Mr. CASEY, Mrs. GILLIBRAND, Mr. CARDIN, Ms. CORTEZ MASTO, Mr. KAINE, and Ms. ROSEN) introduced the following bill; which was read twice and referred to the Committee on Rules and Administration A BILL To require States to establish contingency plans for the conduct of elections for Federal office in response to national disasters and emergencies, and for other pur- poses. 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 ‘‘Natural Disaster and 4 Emergency Ballot Act of 2020’’. 5 VerDate Sep 11 2014 20:57 Jul 08, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S4033.IS S4033 jbell on DSKJLSW7X2PROD with BILLS 2 •S 4033 IS SEC. 2. REQUIREMENTS FOR FEDERAL ELECTION CONTIN- 1 GENCY PLANS IN RESPONSE TO NATURAL 2 DISASTERS AND EMERGENCIES. 3 (a) IN GENERAL.— 4 (1) ESTABLISHMENT.—Not later than 30 days 5 after the date of the enactment of this Act, each 6 State and jurisdiction shall establish and make pub- 7 licly available a contingency plan to enable qualified 8 individuals (as defined in section 322(b) of the Help 9 America Vote Act of 2002, as added by section 10 5(a)), to vote in elections for Federal office during 11 a state of emergency, public health emergency, or 12 national emergency which has been declared for rea- 13 sons including, but not limited to— 14 (A) a natural disaster; or 15 (B) an infectious disease. 16 (2) UPDATING.—Each State and jurisdiction 17 shall update the contingency plan established under 18 this subsection not less frequently than every 5 19 years. 20 (b) REQUIREMENTS RELATING TO SAFETY.— 21 (1) IN GENERAL.—The contingency plan estab- 22 lished under subsection (a) shall include initiatives 23 to provide equipment and resources needed to pro- 24 tect the health and safety of voters, pollworkers, and 25 election workers when voting in person or by mail 26 VerDate Sep 11 2014 20:57 Jul 08, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S4033.IS S4033 jbell on DSKJLSW7X2PROD with BILLS 3 •S 4033 IS and throughout the election process, which shall in- 1 clude— 2 (A) the procurement and use of personal 3 protective equipment, sanitizing supplies and 4 equipment, disinfecting supplies and equipment, 5 disposable voting equipment, and the implemen- 6 tation of personal distancing guidelines; and 7 (B) the use or implementation of any other 8 equipment and protocols which health experts 9 have determined will protect the health and 10 safety of voters, pollworkers, and election work- 11 ers. 12 (2) MINIMUM PROTOCOLS.—The contingency 13 plan established under subsection (a) shall include 14 plans to implement relevant Centers for Disease 15 Control and Prevention guidance to protect the safe- 16 ty of voters, pollworkers, and election workers 17 throughout the entirety of the election process. 18 (c) REQUIREMENTS RELATING TO RECRUITMENT OF 19 POLL WORKERS.—The contingency plan established 20 under subsection (a) shall include initiatives by the chief 21 State election official and local election officials to recruit 22 poll workers for the November, 2020, general election and 23 subsequent elections from resilient or unaffected popu- 24 lations, which may include— 25 VerDate Sep 11 2014 20:57 Jul 08, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S4033.IS S4033 jbell on DSKJLSW7X2PROD with BILLS 4 •S 4033 IS (1) other State and local government offices; 1 (2) high schools and colleges in the State for 2 the November, 2020, general election and in subse- 3 quent elections for Federal office in the case where 4 an infectious disease poses significant increased 5 health risks to elderly individuals and affects an 6 election for Federal office; and 7 (3) work-eligible non-citizens to satisfy the need 8 for bilingual poll workers, where language assistance 9 is required by law. 10 (d) REQUIREMENTS RELATING TO PUBLIC EDU- 11 CATION AND INFORMATION CAMPAIGNS.—The contin- 12 gency plan established under subsection (a) shall include 13 initiatives by the chief State election official and local elec- 14 tion officials to inform the public of all voting options and 15 election dates and counter any misinformation about vot- 16 ing options and election dates. 17 (e) PLAN FOR VOTERS TO BE ABLE TO REQUEST 18 ABSENTEE BALLOTS ONLINE AND VOTE BY MAIL.—The 19 contingency plan established under subsection (a) shall 20 permit all individuals who are registered to vote to— 21 (1) submit an online request for an absentee 22 ballot, which requirement is satisfied if the local, 23 county, or State election official’s website allows an 24 VerDate Sep 11 2014 20:57 Jul 08, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S4033.IS S4033 jbell on DSKJLSW7X2PROD with BILLS 5 •S 4033 IS absentee ballot request application to be completed 1 and submitted online and— 2 (A) an absentee ballot request application 3 to be printed for the voter to complete and 4 mail; or 5 (B) a voter to submit an online request for 6 a hard copy absentee ballot request application 7 to be mailed or emailed to the voter to complete 8 and mail; 9 (2) return completed absentee ballot requests to 10 designated drop off boxes which are accessible to all 11 voters on a nondiscriminatory basis, including voters 12 with disabilities, accessible by public transportation, 13 accessible during all hours of the day, and such con- 14 tingency plan shall ensure that there are sufficient 15 drop boxes in all communities, including rural com- 16 munities; 17 (3) cast a vote in elections for Federal office by 18 mail; and 19 (4) return completed absentee ballots by drop- 20 ping them off at designated locations before the 21 close of polls on the date of the election. 22 (f) STATE.—For purposes of this section, the term 23 ‘‘State’’ includes the District of Columbia, the Common- 24 wealth of Puerto Rico, Guam, American Samoa, the 25 VerDate Sep 11 2014 20:57 Jul 08, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S4033.IS S4033 jbell on DSKJLSW7X2PROD with BILLS 6 •S 4033 IS United States Virgin Islands, and the Commonwealth of 1 the Northern Mariana Islands. 2 (g) ENFORCEMENT.— 3 (1) ATTORNEY GENERAL.—The Attorney Gen- 4 eral may bring a civil action against any State or ju- 5 risdiction in an appropriate United States District 6 Court for such declaratory and injunctive relief (in- 7 cluding a temporary restraining order, a permanent 8 or temporary injunction, or other order) as may be 9 necessary to carry out the requirements of this sec- 10 tion. 11 (2) PRIVATE RIGHT OF ACTION.— 12 (A) IN GENERAL.—In the case of a viola- 13 tion of this section, any person who is aggrieved 14 by such violation may provide written notice of 15 the violation to the chief election official of the 16 State involved. 17 (B) RELIEF.—If the violation is not cor- 18 rected within 20 days after receipt of a notice 19 under subparagraph (A), or within 5 days after 20 receipt of the notice if the violation occurred 21 within 120 days before the date of an election 22 for Federal office, the aggrieved person may, in 23 a civil action, obtain declaratory or injunctive 24 relief with respect to the violation. 25 VerDate Sep 11 2014 20:57 Jul 08, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S4033.IS S4033 jbell on DSKJLSW7X2PROD with BILLS 7 •S 4033 IS (C) SPECIAL RULE.—If the violation oc- 1 curred within 5 days before the date of an elec- 2 tion for Federal office, the aggrieved person 3 need not provide notice to the chief election of- 4 ficial of the State involved under subparagraph 5 (A) before bringing a civil action under sub- 6 paragraph (B). 7 SEC. 3. REQUIREMENT TO ALLOW FOR EARLY VOTING AND 8 NO-EXCUSE ABSENTEE VOTING. 9 (a) REQUIREMENTS.—Title III of the Help America 10 Vote Act of 2002 (52 U.S.C. 21081) is amended by adding 11 at the end the following new subtitle: 12 ‘‘Subtitle C—Additional 13 Requirements 14 ‘‘SEC. 321. AVAILABILITY OF EARLY VOTING AND VOTING 15 BY MAIL. 16 ‘‘(a) IN GENERAL.—Each State and jurisdiction 17 shall, with respect to the 2020 general election occurring 18 on November 3, 2020, and each subsequent election for 19 Federal office— 20 ‘‘(1) allow individuals to vote in such election 21 prior to the date of the election through— 22 ‘‘(A) early voting which meets the require- 23 ments of subsection (b); and 24 VerDate Sep 11 2014 20:57 Jul 08, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S4033.IS S4033 jbell on DSKJLSW7X2PROD with BILLS 8 •S 4033 IS ‘‘(B) voting by mail which meets the re- 1 quirements of subsection (c); 2 ‘‘(2) publicize the details of any voting allowed 3 under paragraph (1); 4 ‘‘(3) comply with the absentee voting require- 5 ments of subsection (d); 6 ‘‘(4) comply with the ballot processing and 7 screening requirements of subsection (e); and 8 ‘‘(5) when applicable, comply with the special 9 rules in case of emergency periods under subsection 10 (f). 11 ‘‘(b) EARLY VOTING.— 12 ‘‘(1) IN GENERAL.—Early voting meets the re- 13 quirements of this subsection if— 14 ‘‘(A) such voting occurs— 15 ‘‘(i) for a 20-day period preceding the 16 date of the election so that such days con- 17 stitute consecutive weekdays and include at 18 least one weekend, which period may end 19 on a date chosen by the chief election offi- 20 cial of the State that is between the date 21 of the election and 4 days preceding such 22 date; and 23 VerDate Sep 11 2014 20:57 Jul 08, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S4033.IS S4033 jbell on DSKJLSW7X2PROD with BILLS 9 •S 4033 IS ‘‘(ii) for no less than 10 hours on 1 each of the 20 days such early voting oc- 2 curs; and 3 ‘‘(B) each early voting location in the 4 State makes ballot drop-off boxes available con- 5 sistent with section (c)(2) for voters to submit 6 their voted and sealed absentee ballots. 7 ‘‘(2) STANDARDS.— 8 ‘‘(A) IN GENERAL.—The Election Assist- 9 ance Commission shall issue standards for the 10 administration of voting in-person prior to the 11 scheduled date of an election for Federal office. 12 Such standards shall include the nondiscrim- 13 inatory geographic placement of polling places 14 at which such voting occurs. 15 ‘‘(B) DEVIATION.—The standards de- 16 scribed in subparagraph (A) shall permit 17 States, upon providing adequate public notice, 18 to deviate from any requirement in the case of 19 unforeseen circumstances such as a natural dis- 20 aster, terrorist attack, or a change in voter 21 turnout. 22 ‘‘(c) VOTING BY MAIL.—Voting by mail meets the re- 23 quirements of this subsection if— 24 VerDate Sep 11 2014 20:57 Jul 08, 2020 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S4033.IS S4033 jbell on DSKJLSW7X2PROD with BILLS 10 •S 4033 IS ‘‘(1) the State does not require an excuse in 1 order to obtain and cast a ballot by mail for any 2 election for Federal office; 3 ‘‘(2) the State makes ballot drop-off boxes 4 available at least 45 days prior to the date of an 5 election for Federal office and up until the close of 6 polls on the date of the election and ensures that 7 such ballot drop-off boxes are— 8 ‘‘(A) available to all voters on a non-dis- 9 criminatory basis; 10 ‘‘(B) accessible to voters with disabilities; 11 ‘‘(C) accessible— 12 ‘‘(i) by public transportation; and 13 ‘‘(ii) during all hours of the day; and 14 ‘‘(D) sufficiently available in all commu- 15 nities in the State, including rural communities 16 and on Tribal lands; 17 ‘‘(3) the State permits any eligible voter to sub- 18 mit an online request for an absentee ballot to vote 19 in an election for Federal office, which requirement 20 is satisfied if the local, county, or State election offi- 21 cial’s website allows an absentee ballot request appli- 22 cation to be completed and submitted online and 23 if— 24 VerDate Sep 11 2014 20:57 Jul 08, 2020 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S4033.IS S4033 jbell on DSKJLSW7X2PROD with BILLS 11 •S 4033 IS ‘‘(A) an absentee ballot request application 1 to be printed for the voter to complete and 2 mail; or 3 ‘‘(B) a voter is able to submit an online re- 4 quest via the internet to have a hard-copy ab- 5 sentee ballot request application mailed or e- 6 mailed to them to complete and mail; 7 ‘‘(4) the State sends an absentee ballot to vote 8 in an election for Federal office in the State by mail 9 to any eligible voter that submits a request for such 10 a ballot and that request is received by the appro- 11 priate election office on or before the date that is 5 12 days, not including weekend days, before the date of 13 such election, except that nothing in this paragraph 14 shall preclude a State or local jurisdiction from al- 15 lowing for the acceptance and processing of ballot 16 requests submitted or received after such required 17 period; 18 ‘‘(5) the State permits any eligible voter to have 19 the option to request an absentee ballot for subse- 20 quent elections on all absentee ballot requests; 21 ‘‘(6) the State does not require any form of 22 identification for an absentee ballot request; 23 VerDate Sep 11 2014 20:57 Jul 08, 2020 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S4033.IS S4033 jbell on DSKJLSW7X2PROD with BILLS 12 •S 4033 IS ‘‘(7) the State does not include any require- 1 ments for notarization or witness signature or other 2 formal authentication (other than voter attestation); 3 ‘‘(8) the State allows a voter to sign a voter at- 4 testation on a ballot by providing a mark or signa- 5 ture stamp or by providing a signature with the use 6 of an assistant due to age, self-certified disability, or 7 other need; 8 ‘‘(9) the State permits voters to submit an ab- 9 sentee ballot by dropping it off at designated loca- 10 tions before the close of polls on the date of the elec- 11 tion, including at any polling location on the date of 12 the election before the close of polls; 13 ‘‘(10) the State— 14 ‘‘(A) permits a voter to designate any per- 15 son to return a voted and sealed absentee ballot 16 to [Text truncated for display. 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