109th CONGRESS 1st Session H. R. 4141 To amend the Help America Vote Act of 2002 to permit individuals to use a national write-in absentee ballot, Federal office, and for other purposes.

A BILL
To amend the Help America Vote Act of 2002 to permit individuals touse
a national write-in absentee ballot to cast votes in elections for
Federal office, and for other purposes. Be it enacted by
the Senate and House of Representatives of the United States of
America in Congress assembled,SECTION 1. USE OF NATIONAL FEDERAL
WRITE-IN ABSENTEE BALLOT. (a) In General.--Subtitle A of titleIII of
the Help America Vote Act of 2002 (42 U.S.C. 15481 et seq.) is
amended-- (1) by redesignating sections 304 and 305 as
sections 305 and 306; and (2) by inserting after
section 303 the following new section:``SEC. 304. USE OF
NATIONAL FEDERAL WRITE-IN ABSENTEE BALLOT. ``(a) In General.--Any
person whois otherwise qualified to vote in a Federal election in a
State shall be permitted to use the national Federal write-in absentee
ballot prescribed by the Election Assistance Commission under section
247 to cast a vote in an election for Federal office. ``(b)
Submission and Processing.-- ``(1) In general.--Except as
otherwise provided in this section, a national Federal write-in
absentee ballot shall be submitted and processed in themanner
provided under the standards prescribed by the Commission under
section 247(b). ``(2) Deadline.--An otherwise eligible
national Federal write-in absentee ballot shall be counted if
postmarked or signed before the close of the polls on election
day and received by the appropriate State election official on
or before the date which is 10 days after the date of the
election or the date provided for receiptof absentee ballots
under State law, whichever is later. ``(c) Special
Rules.--The following rules shall apply with respect to national
Federal write-in absentee ballots: ``(1) In completing the
ballot, the voter may designate a candidate by writing in the
name of the candidate or by writing in the name of a political
party (in which case the ballot shall be counted for the
candidate of that political party). ``(2) In the case of the
offices of President and Vice President, a vote for a named
candidate or a vote by writing in the name of a political party
shall be counted as a vote for the electors supporting the
candidate involved. ``(3) Any abbreviation, misspelling, or
other minor variation in the form of the name of a candidate or
a political party shall be disregarded in determining the
validity of the ballot.''. (b) Conforming Amendment.--Section
401 of the Help America Vote Act of 2002 (42 U.S.C. 15511) is amended
by striking ``and 303'' and
inserting ``303, and 304''.
(c) Clerical Amendment.--The table of contents of the Help America
Vote Act of 2002 is amended-- (1) by redesignating the items
relating to sections 304 and 305 as relating to sections 305
and 306; and (2) by inserting after the item relating to
section 303 the following new item:``Sec. 304. Use of national
Federalwrite-in absentee ballot.''.SEC. 2. ESTABLISHMENT OF BALLOT AND
STANDARDS. (a) In General.--Subtitle C of titleII of the Help
America Vote Act of 2002 (42 U.S.C. 15381 et seq.) is amended--
(1) by redesignating section247 as section 248; and (2)
by inserting after section 246 the following new section:``SEC.
247. NATIONAL FEDERAL WRITE-IN ABSENTEE BALLOT. ``(a) Form of
Ballot.--The Commission shall establish a national Federal write-in
absentee ballot (including a secrecy envelope and mailing envelope for
such ballot) foruse in elections for Federal office. ``(b)
Standards.--The Commissionshall prescribe standards for--
``(1) distributing the national Federal write-in absentee
ballot, including standards for distributing such ballot
through the Internet; and ``(2) processing and submission of
the national Federal write-in absentee ballot.''. (b)
Clerical Amendment.--The table of contents of the Help America Vote
Act of 2002 is amended-- (1) by redesignating the item
relating to section 247 as relating to section 248; and
(2) by inserting after the item relating to section 246 the
following new item:``Sec. 247. National Federal write-in absentee
ballot.''.
(c) Effective Date.--The Election Assistance Commission shall
establish a national Federal write-inabsentee ballot under section
247(a) of the Help America Vote Act of 2002 (as amended by subsection
(a)), and prescribe standards relating to the ballot under section
247(b) of such Act, not later than January 1, 2006.
The Election for 2012 is invalid

--
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