[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7040 Introduced in House (IH)]







110th CONGRESS
  2d Session
                                H. R. 7040

 To amend the Help America Vote Act of 2002 to ensure that individuals 
  who reside in a jurisdiction in a residence subject to foreclosure 
 proceedings may continue to vote in elections for Federal office held 
              in the jurisdiction, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 24, 2008

  Mr. Kucinich (for himself, Ms. Eddie Bernice Johnson of Texas, Mr. 
 McGovern, Ms. Lee, Mrs. Christensen, Mr. Grijalva, and Mr. Gonzalez) 
 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 ensure that individuals 
  who reside in a jurisdiction in a residence subject to foreclosure 
 proceedings may continue to vote in elections for Federal office held 
              in the jurisdiction, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Protecting Voters in Foreclosure Act 
of 2008''.

SEC. 2. RIGHTS OF INDIVIDUALS RESIDING IN PROPERTY SUBJECT TO 
              FORECLOSURE PROCEEDINGS TO CONTINUE VOTING IN 
              JURISDICTION.

    (a) In General.--Subtitle A of title III of the Help America Vote 
Act of 2002 (42 U.S.C. 15481 et seq.) is amended by inserting after 
section 303 the following new section:

``SEC. 303A. RIGHTS OF INDIVIDUALS RESIDING IN PROPERTY SUBJECT TO 
              FORECLOSURE PROCEEDINGS TO CONTINUE VOTING IN 
              JURISDICTION.

    ``(a) Protections for Individuals Affected by Foreclosure.--
            ``(1) In general.--With respect to any jurisdiction in 
        which an election for Federal office is held, an individual who 
        resides in a household which is located in the jurisdiction and 
        which is subject to foreclosure proceedings at the time of 
        election, or who resided in a household which was located in 
        the jurisdiction and which was subject to such proceedings at 
        any time during the 3-year period ending on the date of the 
        election, shall be considered to reside in the jurisdiction for 
        purposes of determining the individual's eligibility to vote in 
        the election in the jurisdiction and shall be permitted to cast 
        a nonprovisional ballot in the election.
            ``(2) Exception for individuals registered in different 
        jurisdiction.--Paragraph (1) does not apply with respect to an 
        individual in a jurisdiction who is registered to vote in the 
        election involved in a different jurisdiction.
    ``(b) Period of Applicability.--This section shall apply with 
respect to the regularly scheduled general election for Federal office 
held in November 2008.''.
    (b) Conforming Amendment Relating to Enforcement.--Section 401 of 
such Act (42 U.S.C. 15511) is amended by striking ``and 303'' and 
inserting ``303, and 303A''.
    (c) Clerical Amendment.--The table of contents of the Help America 
Vote Act of 2002 is amended by inserting after the item relating to 
section 303 the following new item:

``Sec. 303A. Rights of individuals residing in property subject to 
                            foreclosure proceedings to continue voting 
                            in jurisdiction.''.
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