I 116th CONGRESS 2d Session H. R. 8189 IN THE HOUSE OF REPRESENTATIVES September 8, 2020 Mr. Gohmert 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 prohibit a State from counting a ballot cast in an election for Federal office which is received by the State after the date of the election.

1. Prohibiting counting ballots received after date of election (a) Prohibition Title III of the Help America Vote Act of 2002 ( 52 U.S.C. 21081 et seq.) is amended by inserting after section 303 the following new section: 303A. Prohibiting counting of ballots received after date of election (a) Prohibition A State may not count a ballot cast in an election for Federal office which is received by the State after the date of the election. For purposes of this subsection, a ballot shall be considered to be received by the State after the date of the election if the ballot is not received by the appropriate State or local election official prior to 12:01 a.m. on the day after the date of the election. (b) Exception for absent uniformed services voters and overseas citizens Subsection (a) does not apply with respect to any individual who is entitled to vote by absentee ballot under the Uniformed and Overseas Citizens Absentee Voting Act ( 52 U.S.C. 20301 et seq.). (c) Effective date This section shall apply with respect to the regularly scheduled general election for Federal office held in November 2020 and each succeeding election for Federal office. . (b) Conforming amendment relating to enforcement Section 401 of such Act ( 52 U.S.C. 21111 ) is amended by striking and 303 and inserting 303, and 303A . (c) Clerical amendment The table of contents of such Act is amended by inserting after the item relating to section 303 the following new item: Sec. 303A. Prohibiting counting of ballots received after date of election. .