S.Amdt. 4162

1. Adds SEC. __. NATIONAL FEDERAL WRITE-IN ABSENTEE BALLOT wherever appropriate

   Adds a section

   Inserted: SEC. __. NATIONAL FEDERAL WRITE-IN ABSENTEE BALLOT.

   Inserted: (a) In General.--

   Inserted: (1) In general.--Title III of the Help America Vote Act of 2002 (42 U.S.C. 15481 et seq.) is amended by redesignating sections 304 and 305 as sections 305 and 306, respectively, and by inserting after section 303 the following new section:

   Inserted: "SEC. 304. USE OF NATIONAL FEDERAL WRITE-IN ABSENTEE BALLOT.

   Inserted: "(a) In General.--Any person who is 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 297 to cast a vote in an election for Federal office.

   Inserted: "(b) Submission and Processing.--

   Inserted: "(1) In general.--Except as otherwise provided in this section, a national Federal write-in absentee ballot shall be submitted and processed in the manner provided by law for absentee ballots in the State involved.

   Inserted: "(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 receipt of absentee ballots under State law, whichever is later.

   Inserted: "(c) Special Rules.--The following rules shall apply with respect to national Federal write-in absentee ballots:

   Inserted: "(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).

   Inserted: "(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.

   Inserted: "(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.

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   Inserted: "(d) Effective Date.--Each State shall be required to comply with the requirements of this section on and after January 1, 2009.".

   Inserted: (2) 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".

   Inserted: (b) National Federal Write-in Absentee Ballot.--

   Inserted: (1) In general.--Title II of the Help America Vote Act of 2002 (42 U.S.C. 15321 et seq.) is amended by adding at the end the following new subtitle:

   Inserted: "Subtitle E--Guidance and Standards "SEC. 297. NATIONAL FEDERAL WRITE-IN ABSENTEE BALLOT.

   Inserted: "(a) Form of Ballot.--The Commission shall prescribe a national Federal write-in absentee ballot (including a secrecy envelope and mailing envelope for such ballot) for use in elections for Federal office.

   Inserted: "(b) Standards.--The Commission shall prescribe standards for--

   Inserted: "(1) distributing the national Federal write-in absentee ballot, including standards for distributing such ballot through the Internet; and

   Inserted: "(2) processing and submission of the national Federal write-in absentee ballot.".

   Inserted: (2) Conforming amendment.--Section 202 of the Help America Vote Act of 2002 (42 U.S.C. 15322) is amended by redesignating paragraphs (5) and (6) as paragraphs (6) and (7), respectively, and by inserting after paragraph (4) the following new paragraph:

   Inserted: "(5) carrying out the duties described in subtitle E;".

   Inserted: (3) Rulemaking authority.--Section 209 of the Help America Vote Act of 2002 (42 U.S.C. 15239) is amended--

   Inserted: (A) by striking "The Commission" and inserting the following:

   Inserted: "(a) In General.--Except as provided in subsection (b), the Commission", and

   Inserted: (B) by inserting at the end the following new subsection:

   Inserted: "(b) Exception.--On and after January 1, 2009, subsection (a) shall not apply to any authority granted under subtitle E of this title or section 304.".

   Inserted: (c) Coordination With Uniformed and Overseas Citizens Absentee Voting Act.--

   Inserted: (1) In general.--The Presidential designee under the Uniformed and Overseas Citizens Absentee Voting Act, in consultation with the Election Assistance Commission, shall facilitate the use and return of the national Federal write-in ballot for absent uniformed services voters and overseas voters.

   Inserted: (2) Definitions.--For purposes of this subsection, the terms "absent uniformed service voter" and "overseas voter" shall have the meanings given such terms by section 107 of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973gg-6).

   Inserted: (d) Effective Date.--The amendments made by this section shall take effect on January 1, 2009.

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   Original wording

   At the appropriate place, insert the following:

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As printed