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Modifies Title III of the Help America Vote Act of 2002 by redesignating existing sections 305 and 306 as 306 and 307, and inserting a new section 305 establishing deadlines for counting ballots and certifying results, exceptions, and withholding of Commission election administration funds for noncompliance; also makes clerical (table of contents) amendments.
Amends section 401 of the Help America Vote Act (52 U.S.C. 21111) by including newly added section 305 in the list of sections to which the Attorney General's enforcement authorities apply.
Requires States to count the vast majority of ballots and to certify federal election results within defined time limits, with a small set of exceptions. States that fail to meet the deadlines can have specified federal election-administration funds withheld. The rule and related technical amendments apply to elections held after the 90-day period following enactment.
Redesignate existing sections 305 and 306 as sections 306 and 307 in Title III of the Help America Vote Act of 2002 (as amended).
Insert a new Section 305 titled 'Deadlines for counting ballots and certifying results' into Title III of the Help America Vote Act of 2002. The new section sets the counting and certification rules described below.
Counting ballots: Not later than 72 hours after the closing of the polls for a Federal election held in a State, the State must count not less than 90 percent of the ballots cast in the election and make the result of that count publicly available.
Certifying results: Not later than 2 weeks after the closing of the polls for a Federal election held in a State, the State must (A) complete the counting of all ballots cast in the election; and (B) officially certify the result of the election and make the result publicly available.
Exception for bona fide emergencies: A State will not be considered out of compliance with the deadlines if the Commission and the Attorney General certify the failure was due to a bona fide emergency, including (A) a major disaster as defined in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122), (B) a significant public health emergency (such as a pandemic), or (C) a cyberattack, data breach, or other significant security threat to election infrastructure.
Who is affected and how:
State and local election administrations: Counties, local election offices, and State election agencies must adapt operational processes (processing, tabulating, adjudicating ballots, and certifying results) to meet federal deadlines. That may require staffing changes, faster processing of mail and provisional ballots, new workflows, or technology investments.
Voters: Voters benefit from clearer, predictable timelines for final federal results, but stricter deadlines could create risks if ballots (e.g., late-arriving mail ballots or ballots needing adjudication) are not counted under tightened timelines. How exceptions are applied will shape whether certain ballots are preserved and counted.
Federal funding recipients: States reliant on federal election-administration grants could lose or see reductions in those funds if found noncompliant, which may compound implementation challenges for under-resourced jurisdictions.
Federal agencies and oversight: Agencies that administer HAVA-related funds will have new compliance responsibilities (monitoring, determination of noncompliance, and executing withholding), increasing administrative workload and potentially leading to more disputes and litigation.
Litigation and dispute risk: Deadlines tied to funding penalties are likely to produce legal challenges and disputes over whether particular ballots fall within exceptions, whether deadlines were met, and the appropriateness of withholding funds.
Overall, the provision centralizes timing expectations for federal result certification and creates financial leverage to enforce them; operational impacts will fall mostly on state and local election officials and, indirectly, on voters in close or administratively complex contests.
Referred to the House Committee on House Administration.
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Introduced April 7, 2025 by Jay Obernolte · Last progress April 7, 2025
Referred to the House Committee on House Administration.
Introduced in House