January 16, 2025
Mr. Pfluger (for himself, Mr. Babin, and Ms. Tenney) introduced the following bill; which was referred to the Committee on House Administration
To amend the Help America Vote Act of 2002 to establish deadlines for States to count the ballots cast in elections for Federal office and to certify the results of such elections, and for other purposes.
Section 1. Short title
This Act may be cited as the Restoring American Confidence in Elections Act
or the RACE Act
.
Sec. 2. Deadline for counting ballots and certifying results in Federal elections
(a) Deadlines
Title III of the Help America Vote Act of 2002 (52 U.S.C. 20181 et seq.), as amended by section 2(a) of the COCOA Act of 2024, is amended—
(1)
by redesignating sections 305 and 306 as sections 306 and 307; and
(2)
by inserting after section 304 the following new section:
305. Deadline for counting ballots and certifying results
(a) Deadlines
(1) Counting ballots
A State shall finish counting the ballots cast in an election for Federal office held in the State not later than 10 o’clock p.m. on the date of the election.
(2) Certifying results
A State shall certify the results of an election for Federal office held in the State not later than 48 hours after the date of the election.
(b) Exceptions
Subsection (a) does not apply if the failure of a State to meet a deadline under such subsection is attributable to—
(1)
a bona fide emergency, including a major disaster (as defined in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122)); or
(2)
technical difficulties, including malfunctioning election equipment or software.
(b) Conforming amendment relating to existing enforcement provisions
Section 401 of such Act (52 U.S.C. 21111), as amended by section 2(b) of the COCOA Act of 2024, is amended by striking and 304
and inserting 304, and 305
.
(c) Clerical amendment
The table of contents of such Act, as amended by section 2(c) of the COCOA Act of 2024, is amended—
(1)
by redesignating the items relating to sections 305 and 306 as relating to section 306 and 307; and
(2)
by inserting after the item relating to section 304 the following:
(d) Effective date
This Act and the amendments made by this Act shall apply with respect to elections held after the date of the enactment of this Act.