I 116TH CONGRESS 2D SESSION H. R. 8815 To amend the Help America Vote Act of 2002 to establish certain require- ments with respect to a delivered ballot in an election for Federal office, and for other purposes. IN THE HOUSE OF REPRESENTATIVES NOVEMBER 24, 2020 Mr. LAMALFA (for himself, Mr. BUDD, and Mr. GIBBS) introduced the following bill; which was referred to the Committee on House Administration A BILL To amend the Help America Vote Act of 2002 to establish certain requirements with respect to a delivered ballot in an election for Federal office, and for other purposes. 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 ‘‘Election Certainty 4 Act’’. 5 SEC. 2. REQUIREMENTS WITH RESPECT TO A DELIVERED 6 BALLOT. 7 (a) REQUIREMENTS.—Title III of the Help America 8 Vote Act of 2002 (52 U.S.C. 21081 et seq.) is amended— 9 VerDate Sep 11 2014 04:21 Dec 02, 2020 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H8815.IH H8815 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 8815 IH (1) by redesignating sections 304 and 305 as 1 sections 305 and 306, respectively; and 2 (2) by inserting after section 303 the following 3 new section: 4 ‘‘SEC. 304. REQUIREMENTS WITH RESPECT TO A DELIV- 5 ERED BALLOT. 6 ‘‘(a) IN GENERAL.—A ballot submitted by mail or 7 otherwise delivered in an election for Federal office shall 8 not be counted unless such ballot— 9 ‘‘(1) includes the signature of the voter; and 10 ‘‘(2) is received by the appropriate election offi- 11 cial by the date of the election. 12 ‘‘(b) BALLOTS DELIVERED BY A THIRD PARTY.—A 13 ballot delivered to the appropriate election official in an 14 election for Federal office by an individual who is not the 15 voter shall not be counted unless the ballot includes the 16 signature of the individual who delivers such ballot and 17 such individual is one of the following family members of 18 the voter: 19 ‘‘(1) A parent. 20 ‘‘(2) A spouse. 21 ‘‘(3) A child. 22 ‘‘(4) A grandparent. 23 ‘‘(5) A great-grandparent. 24 ‘‘(6) A grandchild. 25 VerDate Sep 11 2014 04:21 Dec 02, 2020 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H8815.IH H8815 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 8815 IH ‘‘(7) A great-grandchild. 1 ‘‘(c) EXCEPTION.—This section shall not apply with 2 respect to an absent uniformed services voter (as such 3 term is defined in section 107 of the Uniformed and Over- 4 seas Citizens Absentee Voting Act (52 U.S.C. 20310).’’. 5 (b) CONFORMING AMENDMENT RELATING TO EN- 6 FORCEMENT.—Section 401 of the Help America Vote Act 7 of 2002 (52 U.S.C. 21111) is amended by striking ‘‘and 8 303’’ and inserting ‘‘303, and 304’’. 9 (c) CLERICAL AMENDMENT.—The table of contents 10 of such Act is amended— 11 (1) by redesignating the items relating to sec- 12 tions 304 and 305 as relating to sections 305 and 13 306, respectively; and 14 (2) by inserting after the item relating to sec- 15 tion 303 the following new item: 16 ‘‘Sec. 304. Requirements with respect to a delivered ballot.’’. Æ VerDate Sep 11 2014 04:21 Dec 02, 2020 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6301 E:\BILLS\H8815.IH H8815 kjohnson on DSK79L0C42PROD with BILLS