HR 1719 IHCommentsClose CommentsPermalink

To amend the National Voter Registration Act of 1993 and the Help America Vote Act of 2002 to promote the use of the Internet by State and local election officials in carrying out voter registration activities, and for other purposes.CommentsClose CommentsPermalink

March 25, 2009CommentsClose CommentsPermalink

Ms. ZOE LOFGREN of California introduced the following bill; which was referred to the Committee on House AdministrationCommentsClose CommentsPermalink

To amend the National Voter Registration Act of 1993 and the Help America Vote Act of 2002 to promote the use of the Internet by State and local election officials in carrying out voter registration activities, and for other purposes.CommentsClose CommentsPermalink

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

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Voter Registration Modernization Act of 2009’.CommentsClose CommentsPermalink

SEC. 2. REQUIRING AVAILABILITY OF INTERNET FOR VOTER REGISTRATION.

(a) Requiring Availability of Internet for Registration- The National Voter Registration Act of 1993 (42 U.S.C. 1973gg et seq.) is amended by inserting after section 7 the following new section:CommentsClose CommentsPermalink

‘SEC. 7A. INTERNET REGISTRATION.

‘(a) Requiring Availability of Internet for Online Registration- Each State shall ensure that the following services are available to the public on the official public website of the appropriate election officials in the State:CommentsClose CommentsPermalink





‘(1) Online access to, and distribution in electronic form of, mail voter registration application forms in accordance with paragraph (6).CommentsClose CommentsPermalink





‘(2) Online assistance to applicants in completing voter registration application forms.CommentsClose CommentsPermalink





‘(3) Online completion and submission by applicants of online versions of voter registration application forms.CommentsClose CommentsPermalink





‘(4) Online acceptance of completed voter registration application forms.CommentsClose CommentsPermalink





‘(b) Provision of Services in Nonpartisan Manner- The services made available under subsection (a) shall be provided in a manner that ensures that--CommentsClose CommentsPermalink





‘(1) no person shall seek to influence an applicant’s political preference or party registration;CommentsClose CommentsPermalink





‘(2) there is no display on the website of any political preference or party allegiance; andCommentsClose CommentsPermalink





‘(3) there is no statement or any other feature on the website the purpose or effect of which is to discourage the applicant from registering to vote.CommentsClose CommentsPermalink





‘(c) Protection of Security of Information- In meeting the requirements of this section, the State shall establish appropriate technological security measures to prevent unauthorized access to information provided by individuals using the services made available under subsection (a).CommentsClose CommentsPermalink





‘(d) Effective Date- The requirements of this section shall apply with respect to elections for Federal office occurring in 2016 and each succeeding year.’.CommentsClose CommentsPermalink





(b) Conforming Amendments-CommentsClose CommentsPermalink





(1) TIMING OF REGISTRATION- Section 8(a)(1) of such Act (42 U.S.C. 1973gg-6(a)(1)) is amended--CommentsClose CommentsPermalink





(A) by striking ‘and’ at the end of subparagraph (C);CommentsClose CommentsPermalink





(B) by redesignating subparagraph (D) as subparagraph (E); andCommentsClose CommentsPermalink





(C) by inserting after subparagraph (C) the following new subparagraph:CommentsClose CommentsPermalink





‘(D) in the case of online registration through the official public website of an election official under section 7A, if the valid voter registration form is submitted online not later than the lesser of 15 days, or the period provided by State law, before the date of the election; and’.CommentsClose CommentsPermalink





(2) INFORMING APPLICANTS OF ELIGIBILITY REQUIREMENTS AND PENALTIES- Section 8(a)(5) of such Act (42 U.S.C. 1973gg-6(a)(5)) is amended by striking ‘and 7’ and inserting ‘7, and 7A’.CommentsClose CommentsPermalink

SEC. 3. USE OF INTERNET TO UPDATE REGISTRATION INFORMATION.

(a) Updates to Information Contained on Computerized Statewide Voter Registration List-CommentsClose CommentsPermalink





(1) IN GENERAL- Section 303(a) of the Help America Vote Act of 2002 (42 U.S.C. 15483(a)) is amended by adding at the end the following new paragraph:CommentsClose CommentsPermalink





‘(6) USE OF INTERNET BY REGISTERED VOTERS TO UPDATE INFORMATION-CommentsClose CommentsPermalink





‘(A) IN GENERAL- The appropriate State or local election official shall ensure that any legally registered voter to whom a unique identifier has been assigned under the computerized list may update the voter’s registration information, including the voter’s address and electronic mail address, online through the official public website of the election official responsible for the maintenance of the list, at any time as well as at any location at which under State law the voter may update the information in person.CommentsClose CommentsPermalink





‘(B) PROCESSING OF UPDATED INFORMATION BY ELECTION OFFICIALS- If a registered voter updates registration information under subparagraph (A), the appropriate State or local election official shall--CommentsClose CommentsPermalink





‘(i) revise any information on the computerized list to reflect the update made by the voter; andCommentsClose CommentsPermalink





‘(ii) if requested by the voter, confirm the receipt of the update by electronic mail sent to the voter.CommentsClose CommentsPermalink





‘(C) PREVENTION OF UNAUTHORIZED REVISIONS AND FRAUD- In meeting the requirements of this paragraph, the appropriate State or local election official shall establish appropriate technological security measures to prevent unauthorized persons from updating a registered voter’s registration information and to prevent the entry of fraudulent data.CommentsClose CommentsPermalink





‘(D) EFFECTIVE DATE- This paragraph shall take effect on January 1, 2012.’.CommentsClose CommentsPermalink





(2) CONFORMING AMENDMENT RELATING TO EFFECTIVE DATE- Section 303(d)(1)(A) of such Act (42 U.S.C. 15483(d)(1)(A)) is amended by striking ‘subparagraph (B)’ and inserting ‘subparagraph (B) and subsection (a)(6)’.CommentsClose CommentsPermalink





(b) Effect on Voter Removal Program Under National Voter Registration Act of 1993-CommentsClose CommentsPermalink





(1) USE OF ONLINE UPDATE TO CONFIRM CHANGE OF RESIDENCE- Section 8(d)(1)(A) of the National Voter Registration Act of 1993 (42 U.S.C. 1973gg-6(d)(1)(A)) is amended by inserting after ‘in writing’ the following: ‘or by updating information on the computerized Statewide voter registration list using the online method provided under section 303(a)(6) of the Help America Vote Act of 2002’.CommentsClose CommentsPermalink





(2) PROHIBITING REMOVAL OF REGISTERED VOTERS INCLUDED ON COMPUTERIZED LIST FOR FAILURE TO VOTE OR APPEAR TO VOTE- Section 8 of such Act (42 U.S.C. 1973gg-6) is amended--CommentsClose CommentsPermalink





(A) in subsection (b)(2), by inserting after ‘eligible voters’ the following: ‘(other than an individual to whom a unique identifier has been assigned under the computerized Statewide voter registration list under section 303(a) of the Help America Vote Act of 2002)’; andCommentsClose CommentsPermalink





(B) in subsection (d)(1)(B)(i), by striking ‘has failed’ and inserting the following: ‘in the case of a registrant to whom a unique identifier has not been assigned under the computerized Statewide voter registration list under section 303(a) of the Help America Vote Act of 2002, has failed’.CommentsClose CommentsPermalink





(3) CONFORMING AMENDMENT RELATING TO PROCEDURES TO ENSURE ABILITY TO VOTE FOLLOWING FAILURE TO NOTIFY REGISTRAR OF CHANGE OF ADDRESS- Section 8(e) of such Act (42 U.S.C. 1973gg-6(e)) is amended in the heading by striking ‘Failure to Return Card’ and inserting ‘Failure to Notify Registrar of Change of Address’.CommentsClose CommentsPermalink





(4) EFFECTIVE DATE- The amendments made by this subsection shall take effect on January 1, 2012.CommentsClose CommentsPermalink

SEC. 4. PROVISION OF ELECTION INFORMATION BY ELECTRONIC MAIL TO INDIVIDUALS REGISTERED TO VOTER.

(a) Including Option on Voter Registration Form To Provide E-Mail Address and Receive Information-CommentsClose CommentsPermalink





(1) IN GENERAL- Section 9(b) of the National Voter Registration Act of 1993 (42 U.S.C. 1973gg-7(b)) is amended--CommentsClose CommentsPermalink





(A) by striking ‘and’ at the end of paragraph (3);CommentsClose CommentsPermalink





(B) by striking the period at the end of paragraph (4) and inserting ‘; and’; andCommentsClose CommentsPermalink





(C) by adding at the end the following new paragraph:CommentsClose CommentsPermalink





‘(5) shall include a space for the applicant to provide an electronic mail address, together with a statement that, unless the applicant requests otherwise, the applicant shall (if eligible to register to vote) receive voter registration and voting information from the appropriate State or local election official through electronic mail sent to that address.’.CommentsClose CommentsPermalink





(2) EFFECTIVE DATE- The amendments made by paragraph (1) shall take effect January 1, 2012.CommentsClose CommentsPermalink





(b) Requiring Provision of Information by Election Officials- Section 302(b) of the Help America Vote Act of 2002 (42 U.S.C. 15482(b)) is amended by adding at the end the following new paragraph:CommentsClose CommentsPermalink





‘(3) PROVISION OF OTHER INFORMATION BY ELECTRONIC MAIL- If an individual who is a registered voter has provided the State or local election official with an electronic mail address for the purpose of receiving voter registration and voting information (as described in section 9(b)(5) of the National Voter Registration Act of 1993), the appropriate State or local election official shall provide the individual with the following information through electronic mail not later than 7 days before the date of the election involved:CommentsClose CommentsPermalink





‘(A) The name and address of the polling place at which the individual is assigned to vote in the election.CommentsClose CommentsPermalink





‘(B) The hours of operation for the polling place.CommentsClose CommentsPermalink





‘(C) A description of any identification or other information the individual may be required to bring to the polling place.’.CommentsClose CommentsPermalink

SEC. 5. CLARIFICATION OF REQUIREMENT TO REGISTER APPLICANTS PROVIDING NECESSARY INFORMATION TO SHOW ELIGIBILITY TO VOTE.

Section 8 of the National Voter Registration Act of 1993 (42 U.S.C. 1973gg-6) is amended by adding at the end the following new subsection:CommentsClose CommentsPermalink





‘(k) Requirement for State To Register Applicants Providing Necessary Information To Show Eligibility To Vote- For purposes meeting the requirement of subsection (a)(1) that an eligible applicant is registered to vote in an election for Federal office within the deadlines required under such subsection, the State shall consider an applicant to have provided a ‘valid voter registration form’ if the applicant has provided the appropriate State or local election official with all of the information necessary to demonstrate that the applicant is eligible to vote in elections for Federal office in the State or local jurisdiction involved.’.CommentsClose CommentsPermalink

SEC. 6. AVAILABILITY OF REQUIREMENTS PAYMENTS UNDER HAVA TO COVER COSTS OF COMPLIANCE WITH NEW NVRA REQUIREMENTS.

(a) In General- Section 251(b) of the Help America Vote Act of 2002 (42 U.S.C. 15401(b)) is amended--CommentsClose CommentsPermalink





(1) in paragraph (1), by striking ‘paragraph (2)’ and inserting ‘paragraphs (2) and (3)’;CommentsClose CommentsPermalink





(2) by redesignating paragraph (2) as paragraph (3); andCommentsClose CommentsPermalink





(3) by inserting after paragraph (2) the following new paragraph:CommentsClose CommentsPermalink





‘(2) CERTAIN VOTER REGISTRATION ACTIVITIES- A State may use a requirements payment to carry out the requirements of the National Voter Registration Act of 1993 which are imposed pursuant to the amendments made to such Act by the Voter Registration Modernization Act of 2009.’.CommentsClose CommentsPermalink





(b) Conforming Amendment- Section 254(a)(1) of such Act (42 U.S.C. 15404(a)(1)) is amended by striking ‘section 251(a)(2)’ and inserting ‘section 251(b)(3)’.CommentsClose CommentsPermalink





(c) Effective Date- The amendments made by this section shall apply with respect to fiscal year 2010 and each succeeding fiscal year.CommentsClose CommentsPermalink