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Referenced Laws
52 U.S.C. 20181 et seq.
42 U.S.C. 5122
52 U.S.C. 21111
Section 1
1. Short title This Act may be cited as the Restoring American Confidence in Elections Act or the RACE Act.
Section 2
2. Deadline for counting ballots and certifying results in Federal elections 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— by redesignating sections 305 and 306 as sections 306 and 307; and by inserting after section 304 the following new section: 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. 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. Subsection (a) does not apply if the failure of a State to meet a deadline under such subsection is attributable to— 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 technical difficulties, including malfunctioning election equipment or software. 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. The table of contents of such Act, as amended by section 2(c) of the COCOA Act of 2024, is amended— by redesignating the items relating to sections 305 and 306 as relating to section 306 and 307; and by inserting after the item relating to section 304 the following: 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. 305.Deadline for counting ballots and certifying results(a)Deadlines(1)Counting ballotsA 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 resultsA 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)ExceptionsSubsection (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.. Sec. 305. Deadline for counting ballots and certifying results..
Section 3
305. Deadline for counting ballots and certifying results 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. 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. Subsection (a) does not apply if the failure of a State to meet a deadline under such subsection is attributable to— 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 technical difficulties, including malfunctioning election equipment or software.