S 123 ISCommentsClose CommentsPermalink

113th CONGRESSCommentsClose CommentsPermalink

1st SessionCommentsClose CommentsPermalink

S. 123CommentsClose CommentsPermalink

To modernize voter registration, promote access to voting for individuals with disabilities, protect the ability of individuals to exercise the right to vote in elections for Federal office, and for other purposes.CommentsClose CommentsPermalink

IN THE SENATE OF THE UNITED STATESCommentsClose CommentsPermalink

January 23 (legislative day, January 3), 2013CommentsClose CommentsPermalink

Mrs. GILLIBRAND (for herself, Mrs. BOXER, Ms. HIRONO, Mr. SCHATZ, Mr. BEGICH, and Mr. COONS) introduced the following bill; which was read twice and referred to the Committee on Rules and AdministrationCommentsClose CommentsPermalink

A BILLCommentsClose CommentsPermalink

To modernize voter registration, promote access to voting for individuals with disabilities, protect the ability of individuals to exercise the right to vote in elections for Federal office, 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; TABLE OF CONTENTS.

(a) Short Title- This Act may be cited as the ‘Voter Empowerment Act of 2013’.CommentsClose CommentsPermalink





(b) Table of Contents- The table of contents of this Act is as follows:CommentsClose CommentsPermalink





Sec. 1. Short title; table of contents.CommentsClose CommentsPermalink

TITLE I--VOTER REGISTRATION MODERNIZATION

Sec. 100. Short title.CommentsClose CommentsPermalink

Subtitle A--Promoting Internet Registration

Sec. 101. Requiring availability of Internet for voter registration.CommentsClose CommentsPermalink





Sec. 102. Use of Internet to update registration information.CommentsClose CommentsPermalink





Sec. 103. Provision of election information by electronic mail to individuals registered to vote.CommentsClose CommentsPermalink





Sec. 104. Clarification of requirement regarding necessary information to show eligibility to vote.CommentsClose CommentsPermalink





Sec. 105. Effective date.CommentsClose CommentsPermalink

Subtitle B--Automated Registration of Certain Individuals

Sec. 111. Automated voter registration.CommentsClose CommentsPermalink





Sec. 112. List maintenance, privacy, and security.CommentsClose CommentsPermalink





Sec. 113. Promoting accuracy of Statewide voter registration lists.CommentsClose CommentsPermalink





Sec. 114. Definitions.CommentsClose CommentsPermalink





Sec. 115. Effective date.CommentsClose CommentsPermalink

Subtitle C--Other Initiatives To Promote Voter Registration

Sec. 121. Same day registration.CommentsClose CommentsPermalink





Sec. 122. Acceptance of voter registration applications from individuals under 18 years of age.CommentsClose CommentsPermalink





Sec. 123. Annual reports on voter registration statistics.CommentsClose CommentsPermalink

Subtitle D--Availability of HAVA Requirements Payments

Sec. 131. Availability of requirements payments under HAVA to cover costs of compliance with new requirements.CommentsClose CommentsPermalink

Subtitle E--Prohibiting Interference With Voter Registration

Sec. 141. Prohibiting hindering, interfering with, or preventing voter registration.CommentsClose CommentsPermalink





Sec. 142. Establishment of best practices.CommentsClose CommentsPermalink

TITLE II--ACCESS TO VOTING FOR INDIVIDUALS WITH DISABILITIES

Sec. 201. Requirements for States to promote access to voter registration and voting for individuals with disabilities.CommentsClose CommentsPermalink





Sec. 202. Pilot programs for enabling individuals with disabilities to register to vote and vote privately and independently at residences.CommentsClose CommentsPermalink





Sec. 203. Expansion and reauthorization of grant program to assure voting access for individuals with disabilities.CommentsClose CommentsPermalink

TITLE III--PROHIBITING VOTER CAGING

Sec. 301. Voter caging and other questionable challenges prohibited.CommentsClose CommentsPermalink





Sec. 302. Development and adoption of best practices for preventing voter caging.CommentsClose CommentsPermalink





Sec. 303. Severability.CommentsClose CommentsPermalink

TITLE IV--PROHIBITING DECEPTIVE PRACTICES

Sec. 401. Prohibition on deceptive practices in Federal elections.CommentsClose CommentsPermalink





Sec. 402. Modification of penalty for voter intimidation.CommentsClose CommentsPermalink





Sec. 403. Sentencing guidelines.CommentsClose CommentsPermalink





Sec. 404. Reporting violations; corrective action.CommentsClose CommentsPermalink

TITLE V--DEMOCRACY RESTORATION

Sec. 501. Rights of citizens.CommentsClose CommentsPermalink





Sec. 502. Enforcement.CommentsClose CommentsPermalink





Sec. 503. Notification of restoration of voting rights.CommentsClose CommentsPermalink





Sec. 504. Definitions.CommentsClose CommentsPermalink





Sec. 505. Relation to other laws.CommentsClose CommentsPermalink





Sec. 506. Federal prison funds.CommentsClose CommentsPermalink





Sec. 507. Effective date.CommentsClose CommentsPermalink

TITLE VI--ACCURACY, INTEGRITY, AND SECURITY OF ELECTIONS

Sec. 600. Short title.CommentsClose CommentsPermalink

Subtitle A--Promoting Accuracy, Integrity, and Security Through Voter-Verified Permanent Paper Ballot

Sec. 601. Paper ballot and manual counting requirements.CommentsClose CommentsPermalink





Sec. 602. Accessibility and ballot verification for individuals with disabilities.CommentsClose CommentsPermalink





Sec. 603. Additional voting system requirements.CommentsClose CommentsPermalink





Sec. 604. Availability of additional funding to enable States to meet costs of revised requirements.CommentsClose CommentsPermalink





Sec. 605. Effective date for new requirements.CommentsClose CommentsPermalink

Subtitle B--Requirement for Mandatory Manual Audits by Hand Count

Sec. 611. Mandatory manual audits.CommentsClose CommentsPermalink





Sec. 612. Availability of enforcement under Help America Vote Act of 2002.CommentsClose CommentsPermalink





Sec. 613. Guidance on best practices for alternative audit mechanisms.CommentsClose CommentsPermalink





Sec. 614. Clerical amendment.CommentsClose CommentsPermalink

TITLE VII--PROVISIONAL BALLOTS

Sec. 701. Requirements for counting provisional ballots; establishment of uniform and nondiscriminatory standards.CommentsClose CommentsPermalink

TITLE VIII--EARLY VOTING AND VOTING BY MAIL

Sec. 801. Early voting and voting by mail.CommentsClose CommentsPermalink

TITLE IX--ABSENT UNIFORMED SERVICES VOTERS AND OVERSEAS VOTERS

Sec. 901. Extending guarantee of residency for voting purposes to family members of absent military personnel.CommentsClose CommentsPermalink





Sec. 902. Pre-election reports on availability and transmission of absentee ballots.CommentsClose CommentsPermalink





Sec. 903. Enforcement.CommentsClose CommentsPermalink





Sec. 904. Revisions to 45-day absentee ballot transmission rule.CommentsClose CommentsPermalink





Sec. 905. Use of single absentee ballot application for subsequent elections.CommentsClose CommentsPermalink





Sec. 906. Effective date.CommentsClose CommentsPermalink

TITLE X--POLL WORKER RECRUITMENT AND TRAINING

Sec. 1001. Leave to serve as a poll worker for Federal employees.CommentsClose CommentsPermalink





Sec. 1002. Grants to States for poll worker recruitment and training.CommentsClose CommentsPermalink





Sec. 1003. Model poll worker training program.CommentsClose CommentsPermalink





Sec. 1004. State defined.CommentsClose CommentsPermalink

TITLE XI--ENHANCEMENT OF ENFORCEMENT

Sec. 1101. Enhancement of enforcement of Help America Vote Act of 2002.CommentsClose CommentsPermalink

TITLE XII--FEDERAL ELECTION INTEGRITY

Sec. 1201. Prohibition on campaign activities by chief State election administration officials.CommentsClose CommentsPermalink

TITLE XIII--OTHER ELECTION ADMINISTRATION IMPROVEMENTS

Sec. 1301. Treatment of universities as voter registration agencies.CommentsClose CommentsPermalink





Sec. 1302. Minimum notification requirements for voters affected by polling place changes.CommentsClose CommentsPermalink





Sec. 1303. Voter information response systems and hotline.CommentsClose CommentsPermalink





Sec. 1304. Reauthorization of election assistance commission.CommentsClose CommentsPermalink





Sec. 1305. Application of laws to Commonwealth of Northern Mariana Islands.CommentsClose CommentsPermalink





Sec. 1306. Repeal of exemption of Election Assistance Commission from certain government contracting requirements.CommentsClose CommentsPermalink





Sec. 1307. No effect on other laws.CommentsClose CommentsPermalink

TITLE I--VOTER REGISTRATION MODERNIZATIONCommentsClose CommentsPermalink

SEC. 100. SHORT TITLE.

This title may be cited as the ‘Voter Registration Modernization Act of 2013’.CommentsClose CommentsPermalink

Subtitle A--Promoting Internet RegistrationCommentsClose CommentsPermalink

SEC. 101. 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 6 the following new section:CommentsClose CommentsPermalink

‘SEC. 6A. INTERNET REGISTRATION.

‘(a) Requiring Availability of Internet for Online Registration-CommentsClose CommentsPermalink





‘(1) AVAILABILITY OF ONLINE REGISTRATION- Each State, acting through the chief State election official, shall ensure that the following services are available to the public at any time on the official public websites of the appropriate State and local election officials in the State, in the same manner and subject to the same terms and conditions as the services provided by voter registration agencies under section 7(a):CommentsClose CommentsPermalink





‘(A) Online application for voter registration.CommentsClose CommentsPermalink





‘(B) Online assistance to applicants in applying to register to vote.CommentsClose CommentsPermalink





‘(C) Online completion and submission by applicants of the mail voter registration application form prescribed by the Election Assistance Commission pursuant to section 9(a)(2), including assistance with providing a signature in electronic form as required under subsection (c).CommentsClose CommentsPermalink





‘(D) Online receipt of completed voter registration applications.CommentsClose CommentsPermalink





‘(b) Acceptance of Completed Applications- A State shall accept an online voter registration application provided by an individual under this section, and ensure that the individual is registered to vote in the State, if--CommentsClose CommentsPermalink





‘(1) the individual meets the same voter registration requirements applicable to individuals who register to vote by mail in accordance with section 6(a)(1) using the mail voter registration application form prescribed by the Election Assistance Commission pursuant to section 9(a)(2); andCommentsClose CommentsPermalink





‘(2) the individual provides a signature in electronic form in accordance with subsection (c) (but only in the case of applications submitted during or after the second year in which this section is in effect in the State).CommentsClose CommentsPermalink





‘(c) Signatures in Electronic Form- For purposes of this section, an individual provides a signature in electronic form by--CommentsClose CommentsPermalink





‘(1) executing a computerized mark in the signature field on an online voter registration application; orCommentsClose CommentsPermalink





‘(2) submitting with the application an electronic copy of the individual’s handwritten signature through electronic means.CommentsClose CommentsPermalink





‘(d) Confirmation and Disposition-CommentsClose CommentsPermalink





‘(1) CONFIRMATION OF RECEIPT- Upon the online submission of a completed voter registration application by an individual under this section, the appropriate State or local election official shall send the individual a notice confirming the State’s receipt of the application and providing instructions on how the individual may check the status of the application.CommentsClose CommentsPermalink





‘(2) NOTICE OF DISPOSITION- As soon as the appropriate State or local election official has approved or rejected an application submitted by an individual under this section, the official shall send the individual a notice of the disposition of the application.CommentsClose CommentsPermalink





‘(3) METHOD OF NOTIFICATION- The appropriate State or local election official shall send the notices required under this subsection by regular mail, and, in the case of an individual who has requested that the State provide voter registration and voting information through electronic mail, by both electronic mail and regular mail.CommentsClose CommentsPermalink





‘(e) Provision of Services in Nonpartisan Manner- The services made available under subsection (a) shall be provided in a manner that ensures that, consistent with section 7(a)(5)--CommentsClose CommentsPermalink





‘(1) the online application does not seek to influence an applicant’s political preference or party registration; andCommentsClose CommentsPermalink





‘(2) there is no display on the website promoting any political preference or party allegiance, except that nothing in this paragraph may be construed to prohibit an applicant from registering to vote as a member of a political party.CommentsClose CommentsPermalink





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





‘(g) Use of Additional Telephone-Based System- A State shall make the services made available online under subsection (a) available through the use of an automated telephone-based system, subject to the same terms and conditions applicable under this section to the services made available online, in addition to making the services available online in accordance with the requirements of this section.CommentsClose CommentsPermalink





‘(h) Nondiscrimination Among Registered Voters Using Mail and Online Registration- In carrying out this Act, the Help America Vote Act of 2002, or any other Federal, State, or local law governing the treatment of registered voters in the State or the administration of elections for public office in the State, a State shall treat a registered voter who registered to vote online in accordance with this section in the same manner as the State treats a registered voter who registered to vote by mail.’.CommentsClose CommentsPermalink





(b) Special Requirements for Individuals Using Online Registration-CommentsClose CommentsPermalink





(1) TREATMENT AS INDIVIDUALS REGISTERING TO VOTE BY MAIL FOR PURPOSES OF FIRST-TIME VOTER IDENTIFICATION REQUIREMENTS- Section 303(b)(1)(A) of the Help America Vote Act of 2002 (42 U.S.C. 15483(b)(1)(A)) is amended by striking ‘by mail’ and inserting ‘by mail or online under section 6A of the National Voter Registration Act of 1993’.CommentsClose CommentsPermalink





(2) REQUIRING SIGNATURE FOR FIRST-TIME VOTERS IN JURISDICTION- Section 303(b) of such Act (42 U.S.C. 15483(b)) is amended--CommentsClose CommentsPermalink





(A) by redesignating paragraph (5) as paragraph (6); andCommentsClose CommentsPermalink





(B) by inserting after paragraph (4) the following new paragraph:CommentsClose CommentsPermalink





‘(5) SIGNATURE REQUIREMENTS FOR FIRST-TIME VOTERS USING ONLINE REGISTRATION-CommentsClose CommentsPermalink





‘(A) IN GENERAL- A State shall, in a uniform and nondiscriminatory manner, require an individual to meet the requirements of subparagraph (B) if--CommentsClose CommentsPermalink





‘(i) the individual registered to vote in the State online under section 6A of the National Voter Registration Act of 1993; andCommentsClose CommentsPermalink





‘(ii) the individual has not previously voted in an election for Federal office in the State.CommentsClose CommentsPermalink





‘(B) REQUIREMENTS- An individual meets the requirements of this subparagraph if--CommentsClose CommentsPermalink





‘(i) in the case of an individual who votes in person, the individual provides the appropriate State or local election official with a handwritten signature; orCommentsClose CommentsPermalink





‘(ii) in the case of an individual who votes by mail, the individual submits with the ballot a handwritten signature.CommentsClose CommentsPermalink





‘(C) INAPPLICABILITY- Subparagraph (A) does not apply in the case of an individual who is--CommentsClose CommentsPermalink





‘(i) entitled to vote by absentee ballot under the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-1 et seq.);CommentsClose CommentsPermalink





‘(ii) provided the right to vote otherwise than in person under section 3(b)(2)(B)(ii) of the Voting Accessibility for the Elderly and Handicapped Act (42 U.S.C. 1973ee-1(b)(2)(B)(ii)); orCommentsClose CommentsPermalink





‘(iii) entitled to vote otherwise than in person under any other Federal law.’.CommentsClose CommentsPermalink





(3) CONFORMING AMENDMENT RELATING TO EFFECTIVE DATE- Section 303(d)(2)(A) of such Act (42 U.S.C. 15483(d)(2)(A)) is amended by striking ‘Each State’ and inserting ‘Except as provided in subsection (b)(5), each State’.CommentsClose CommentsPermalink





(c) Conforming Amendments-CommentsClose CommentsPermalink





(1) TIMING OF REGISTRATION- Section 8(a)(1) of the National Voter Registration Act of 1993 (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 6A, if the valid voter registration application is submitted online not later than the lesser of 30 days, or the period provided by State law, before the date of the election (as determined by treating the date on which the application is sent electronically as the date on which it is submitted); 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 ‘6A, and 7’.CommentsClose CommentsPermalink

SEC. 102. USE OF INTERNET TO UPDATE REGISTRATION INFORMATION.

(a) In General-CommentsClose CommentsPermalink





(1) UPDATES TO INFORMATION CONTAINED ON COMPUTERIZED STATEWIDE VOTER REGISTRATION LIST- 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 registered voter on the computerized list may at any time 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, so long as the voter attests to the contents of the update by providing a signature in electronic form in the same manner required under section 6A(c) of the National Voter Registration Act of 1993.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 the updated registration information affects the voter’s eligibility to vote in an election for Federal office, ensure that the information is processed with respect to the election if the voter updates the information not later than the lesser of 7 days, or the period provided by State law, before the date of the election.CommentsClose CommentsPermalink





‘(C) CONFIRMATION AND DISPOSITION-CommentsClose CommentsPermalink





‘(i) CONFIRMATION OF RECEIPT- Upon the online submission of updated registration information by an individual under this paragraph, the appropriate State or local election official shall send the individual a notice confirming the State’s receipt of the updated information and providing instructions on how the individual may check the status of the update.CommentsClose CommentsPermalink





‘(ii) NOTICE OF DISPOSITION- As soon as the appropriate State or local election official has accepted or rejected updated information submitted by an individual under this paragraph, the official shall send the individual a notice of the disposition of the update.CommentsClose CommentsPermalink





‘(iii) METHOD OF NOTIFICATION- The appropriate State or local election official shall send the notices required under this subparagraph by regular mail, and, in the case of an individual who has requested that the State provide voter registration and voting information through electronic mail, by both electronic mail and regular mail.’.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) Ability of Registrant To Use Online Update To Provide Information on Residence- Section 8(d)(2)(A) of the National Voter Registration Act of 1993 (42 U.S.C. 1973gg-6(d)(2)(A)) is amended--CommentsClose CommentsPermalink





(1) in the first sentence, by inserting after ‘return the card’ the following: ‘or update the registrant’s 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’; andCommentsClose CommentsPermalink





(2) in the second sentence, by striking ‘returned,’ and inserting the following: ‘returned or if the registrant does not update the registrant’s information on the computerized Statewide voter registration list using such online method,’.CommentsClose CommentsPermalink

SEC. 103. PROVISION OF ELECTION INFORMATION BY ELECTRONIC MAIL TO INDIVIDUALS REGISTERED TO VOTE.

(a) Including Option on Voter Registration Application 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 (at the applicant’s option) an electronic mail address, together with a statement that, if the applicant so requests, instead of using regular mail the appropriate State and local election officials shall provide to the applicant, through electronic mail sent to that address, the same voting information (as defined in section 302(b)(2) of the Help America Vote Act of 2002) which the officials would provide to the applicant through regular mail.’.CommentsClose CommentsPermalink





(2) PROHIBITING USE FOR PURPOSES UNRELATED TO OFFICIAL DUTIES OF ELECTION OFFICIALS- Section 9 of such Act (42 U.S.C. 1973gg-7) is amended by adding at the end the following new subsection:CommentsClose CommentsPermalink





‘(c) Prohibiting Use of Electronic Mail Addresses for Other Than Official Purposes- The chief State election official shall ensure that any electronic mail address provided by an applicant under subsection (b)(5) is used only for purposes of carrying out official duties of election officials and is not transmitted by any State or local election official (or any agent of such an official, including a contractor) to any person who does not require the address to carry out such official duties and who is not under the direct supervision and control of a State or local election official.’.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 voting information (as described in section 9(b)(5) of the National Voter Registration Act of 1993), the appropriate State or local election official, through electronic mail transmitted not later than 7 days before the date of the election involved, shall provide the individual with information on how to obtain the following information by electronic means: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 present at the polling place.’.CommentsClose CommentsPermalink

SEC. 104. CLARIFICATION OF REQUIREMENT REGARDING 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--CommentsClose CommentsPermalink





(1) by redesignating subsection (j) as subsection (k); andCommentsClose CommentsPermalink





(2) by inserting after subsection (i) the following new subsection:CommentsClose CommentsPermalink





‘(j) 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--CommentsClose CommentsPermalink





‘(1) the applicant has accurately completed the application form and attested to the statement required by section 9(b)(2); andCommentsClose CommentsPermalink





‘(2) in the case of an applicant who registers to vote online in accordance with section 6A, the applicant provides a signature in accordance with subsection (c) of such section.’.CommentsClose CommentsPermalink

SEC. 105. EFFECTIVE DATE.

(a) In General- Except as provided in subsection (b), the amendments made by this subtitle (other than the amendments made by section 104) shall take effect January 1, 2014.CommentsClose CommentsPermalink





(b) Waiver- Subject to the approval of the Election Assistance Commission, if a State certifies to the Election Assistance Commission that the State will not meet the deadline referred to in subsection (a) because of extraordinary circumstances and includes in the certification the reasons for the failure to meet the deadline, subsection (a) shall apply to the State as if the reference in such subsection to ‘January 1, 2014’ were a reference to ‘January 1, 2016’.CommentsClose CommentsPermalink

Subtitle B--Automated Registration of Certain IndividualsCommentsClose CommentsPermalink

SEC. 111. AUTOMATED VOTER REGISTRATION.

(a) Collection of Information by Source Agencies-CommentsClose CommentsPermalink





(1) DUTIES OF SOURCE AGENCIES- Each source agency in a State (as defined in subsection (e)) shall, with each application for services or assistance by an individual, and with each recertification, renewal, or change of address relating to such services or assistance--CommentsClose CommentsPermalink





(A) notify each such individual of the substantive qualifications of an elector in the State, using language approved by the State’s chief election official;CommentsClose CommentsPermalink





(B) notify each such individual that there is an opportunity to be registered to vote or update voter registration, but that voter registration is voluntary, and that neither registering nor declining to register to vote will in any way affect the availability of services or benefits, nor be used for other purposes;CommentsClose CommentsPermalink





(C) require that each such individual indicate, after considering the substantive qualification of an elector in the State, whether or not the person wishes to be registered;CommentsClose CommentsPermalink





(D) ensure that each such individual’s transaction with the agency cannot be completed until the individual has indicated whether he or she wishes to register to vote; andCommentsClose CommentsPermalink





(E) for each such individual who consents to using the individual’s records with the source agency to enable the individual to register to vote under this section, collect a signed affirmation of eligibility to register to vote in the State.CommentsClose CommentsPermalink





(2) NO EFFECT ON RIGHT TO DECLINE VOTER REGISTRATION- Nothing in this subtitle shall be construed to interfere with the right of any person to decline to be registered to vote for any reason.CommentsClose CommentsPermalink





(b) Transfer of Information on Individuals Consenting to Voter Registration-CommentsClose CommentsPermalink





(1) TRANSFER- For each individual who notifies the source agency that the individual consents to voter registration under this section, the source agency shall transfer to the chief State election official of the State the following data, to the extent the data is available to the source agency:CommentsClose CommentsPermalink





(A) The given name or names and surname or surnames.CommentsClose CommentsPermalink





(B) Date of birth.CommentsClose CommentsPermalink





(C) Residential address.CommentsClose CommentsPermalink





(D) Mailing address.CommentsClose CommentsPermalink





(E) Signature, in electronic form.CommentsClose CommentsPermalink





(F) Date of the last change to the information.CommentsClose CommentsPermalink





(G) The motor vehicle driver’s license number.CommentsClose CommentsPermalink





(H) The last four digits of the Social Security number.CommentsClose CommentsPermalink





(2) TIMING OF TRANSFER- The source agency shall transfer the data described in paragraph (1) to the chief State election official on a daily basis.CommentsClose CommentsPermalink





(3) FORMAT- The data transferred under paragraph (1) shall be transferred in a format compatible with the Statewide computerized voter registration list under section 303 of the Help America Vote Act of 2002.CommentsClose CommentsPermalink





(4) PROHIBITING STORAGE OF INFORMATION- Any information collected by the source agency under this section with respect to an individual who consents to register to vote under this section may not be stored by the source agency in any form after the information is transferred to the chief State election official under paragraph (1).CommentsClose CommentsPermalink





(c) Registration of Individuals by Chief State Election Official-CommentsClose CommentsPermalink





(1) COMPARISON WITH STATEWIDE VOTER REGISTRATION LIST- Upon receiving information from a source agency with respect to an individual under subsection (b), the chief State election official shall determine whether the individual is included in the computerized Statewide voter registration list established and maintained under section 303 of the Help America Vote Act of 2002 (42 U.S.C. 15483).CommentsClose CommentsPermalink





(2) REGISTRATION OF INDIVIDUALS NOT ON STATEWIDE LIST- If an individual for whom information is received from a source agency under subsection (b) is eligible to vote in elections for Federal office in the State and is not on the computerized Statewide voter registration list, the chief State election official shall--CommentsClose CommentsPermalink





(A) ensure that the individual is registered to vote in such elections not later than 5 days after receiving the information, without regard to whether or not the information provided by the source agency includes the individual’s signature;CommentsClose CommentsPermalink





(B) update the Statewide computerized voter registration list to include the individual; andCommentsClose CommentsPermalink





(C) notify the individual that the individual is registered to vote in elections for Federal office in the State.CommentsClose CommentsPermalink





(3) TREATMENT OF INFORMATION INCORRECTLY PROVIDED- If a source agency provides the chief State election official with information with respect to an individual who did not consent to be registered to vote under this section, the chief State election official shall not take any action to register the individual to vote, except that no such individual who is already included on the computerized Statewide voter registration list shall be removed from the list solely because the information was incorrectly provided under subsection (b).CommentsClose CommentsPermalink





(4) NO EFFECT ON OTHER MEANS OF REGISTRATION- Nothing in this section affects a State’s obligation to register voters upon receipt of a valid voter registration application through means provided by National Voter Registration Act of 1993 (42 U.S.C. 1973gg et seq.), the Internet registration procedure described in subtitle A, or other valid means.CommentsClose CommentsPermalink





(5) INDIVIDUALS IN EXISTING RECORDS- No later than January 2015, each individual who is listed in a source agency’s records and for whom there exists reason to believe the individual is a citizen and not otherwise ineligible to vote shall be mailed a postage pre-paid return postcard including a box for the individual to check, together with the statement (in close proximity to the box and in prominent type), ‘By checking this box, I affirm that I am a citizen of the United States, am eligible to vote in this State, and will be at least eighteen years old by the next general election. I understand that by checking this box, I will be registered to vote if I am eligible to vote in the State.’, along with a clear description of the voting eligibility requirements in the State. The postcard shall also include, where required for voter registration, a place for the individual’s signature and designation of party affiliation. An individual who checks the box and returns the completed postcard postmarked not later than the lesser of the fifteenth day before an election for Federal office, or the period provided by State law, shall be registered to vote in that election.CommentsClose CommentsPermalink





(d) Options for State To Require Special Treatment of Individuals Registered Automatically-CommentsClose CommentsPermalink





(1) TREATMENT AS INDIVIDUALS REGISTERING TO VOTE BY MAIL FOR PURPOSES OF FIRST-TIME VOTER IDENTIFICATION REQUIREMENTS- Section 303(b)(1)(A) of the Help America Vote Act of 2002 (42 U.S.C. 15483(b)(1)(A)), as amended by section 101(b)(1), is amended by striking ‘of 1993’ and inserting ‘of 1993 or (at the option of the State) was registered automatically under section 111 of the Voter Registration Modernization Act of 2013’.CommentsClose CommentsPermalink





(2) REQUIRING SIGNATURE- Section 303(b) of such Act (42 U.S.C. 15483(b)), as amended by section 101(b)(2), is amended--CommentsClose CommentsPermalink





(A) by redesignating paragraph (6) as paragraph (7); andCommentsClose CommentsPermalink





(B) by inserting after paragraph (5) the following new paragraph:CommentsClose CommentsPermalink





‘(5) OPTION FOR STATE TO REQUIRE SIGNATURE REQUIREMENTS FOR FIRST-TIME VOTERS REGISTERED AUTOMATICALLY-CommentsClose CommentsPermalink





‘(A) IN GENERAL- A State may, in a uniform and nondiscriminatory manner, require an individual to meet the requirements of subparagraph (B) if--CommentsClose CommentsPermalink





‘(i) the individual was registered to vote in the State automatically under section 111 of the Voter Registration Modernization Act of 2013; andCommentsClose CommentsPermalink





‘(ii) the individual has not previously voted in an election for Federal office in the State.CommentsClose CommentsPermalink





‘(B) REQUIREMENTS- An individual meets the requirements of this subparagraph if--CommentsClose CommentsPermalink





‘(i) in the case of an individual who votes in person, the individual provides the appropriate State or local election official with a handwritten signature; orCommentsClose CommentsPermalink





‘(ii) in the case of an individual who votes by mail, the individual submits with the ballot a handwritten signature.CommentsClose CommentsPermalink





‘(C) INAPPLICABILITY- Subparagraph (A) does not apply in the case of an individual who is--CommentsClose CommentsPermalink





‘(i) entitled to vote by absentee ballot under the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-1 et seq.);CommentsClose CommentsPermalink





‘(ii) provided the right to vote otherwise than in person under section 3(b)(2)(B)(ii) of the Voting Accessibility for the Elderly and Handicapped Act (42 U.S.C. 1973ee-1(b)(2)(B)(ii)); orCommentsClose CommentsPermalink





‘(iii) entitled to vote otherwise than in person under any other Federal law.’.CommentsClose CommentsPermalink





(3) CONFORMING AMENDMENT RELATING TO EFFECTIVE DATE- Section 303(d)(2)(A) of such Act (42 U.S.C. 15483(d)(2)(A)), as amended by section 101(b)(3), is amended by striking ‘subsection (b)(5)’ and inserting ‘subsections (b)(5) and (b)(6)’.CommentsClose CommentsPermalink





(e) Source Agencies Described-CommentsClose CommentsPermalink





(1) IN GENERAL- With respect to any State, a ‘source agency’ is--CommentsClose CommentsPermalink





(A) each State office which is described in paragraph (2); andCommentsClose CommentsPermalink





(B) each Federal office which is described in paragraph (3) which is located in the State, except that such office shall be a source agency only with respect to individuals who are residents of the State in which the office is located.CommentsClose CommentsPermalink





(2) STATE OFFICES DESCRIBED-CommentsClose CommentsPermalink





(A) IN GENERAL- The State offices described in this paragraph are as follows:CommentsClose CommentsPermalink





(i) The State motor vehicle authority.CommentsClose CommentsPermalink





(ii) Each office in the State which is designated as a voter registration agency in a State pursuant to section 7(a) of the National Voter Registration Act of 1993 (42 U.S.C. 1973gg-5(a)).CommentsClose CommentsPermalink





(iii) Each State agency that administers a program providing assistance pursuant to pursuant to title III of the Social Security Act (42 U.S.C. 501 et seq.).CommentsClose CommentsPermalink





(iv) Each State agency primarily responsible for maintaining identifying information for students enrolled at public secondary schools in the State, including, where applicable, the State agency responsible for maintaining the education data system described in section 6401(e)(2) of the America COMPETES Act (20 U.S.C. 9871(e)(2)).CommentsClose CommentsPermalink





(v) In the case of a State in which an individual disenfranchised by a criminal conviction may become eligible to vote upon completion of criminal sentence or any part thereof, or upon formal restoration of rights, the State agency responsible for administering that sentence, or part thereof, or that restoration of rights.CommentsClose CommentsPermalink





(vi) In the case of a State in which an individual disenfranchised by adjudication of mental incompetence or similar condition becomes eligible to register to vote upon the restoration of competence or similar condition, each State agency responsible for determining when competence or a similar condition is met.CommentsClose CommentsPermalink





(vii) Such other office which may be designated as a source agency by the chief State election official of the State.CommentsClose CommentsPermalink





(B) CRITERIA FOR DESIGNATION OF ADDITIONAL SOURCE AGENCIES- In designating offices of the State as source agencies for purposes of subparagraph (A)(vii), the chief State election official shall give priority on the basis of the following criteria:CommentsClose CommentsPermalink





(i) The extent to which individuals receiving services or assistance from the office are likely to be individuals who are eligible to register to vote in elections for Federal office in the State but who are not registered to vote in such elections.CommentsClose CommentsPermalink





(ii) The accuracy of the office’s records with respect to identifying information (including age, citizenship status, and residency) for individuals receiving services or assistance from the office.CommentsClose CommentsPermalink





(iii) The cost-effectiveness of obtaining such identifying information and transmitting the information to the chief State election official.CommentsClose CommentsPermalink





(iv) The extent to which the designation of the office as a voter registration agency will promote the registration of eligible individuals to vote in elections for Federal office in the State and the accuracy of the State’s Statewide computerized voter registration list under the Help America Vote Act of 2002.CommentsClose CommentsPermalink





(3) FEDERAL OFFICES DESCRIBED- The Federal offices described in this paragraph are as follows:CommentsClose CommentsPermalink





(A) Armed Forces recruitment offices.CommentsClose CommentsPermalink





(B) The United States Immigration and Customs Enforcement Bureau, but only with respect to individuals who complete the naturalization process.CommentsClose CommentsPermalink





(C) The Social Security Administration.CommentsClose CommentsPermalink





(D) The Administrative Office of the United States Courts, the Federal Bureau of Prisons, and the United States Probation Service, but only with respect to individuals completing terms of prison, sentences, probation, or parole.CommentsClose CommentsPermalink





(E) The Department of Veterans Affairs, but only with respect to individuals applying for or using health care services or services for homeless individuals.CommentsClose CommentsPermalink





(F) The Defense Manpower Data Center of the Department of Defense.CommentsClose CommentsPermalink





(G) The Indian Health Services of the Department of Health and Human Services.CommentsClose CommentsPermalink





(H) The Center for Medicare and Medicaid Services of the Department of Health and Human Services.CommentsClose CommentsPermalink





(I) Any other Federal office which designated by a State (with the consent of the President) as a source agency with respect to the State.CommentsClose CommentsPermalink

SEC. 112. LIST MAINTENANCE, PRIVACY, AND SECURITY.

(a) Database Management Standards-CommentsClose CommentsPermalink





(1) DATABASE MATCHING STANDARDS- The chief State election official of each State shall establish standards governing the comparison of data on the Statewide computerized voter registration list under section 303 of the Help America Vote Act of 2002, the data provided by various source agencies under section 111, and relevant data from other sources, including the specific data elements and data matching rules to be used for purposes of determining--CommentsClose CommentsPermalink





(A) whether a data record from any source agency represents the same individual as a record in another source agency or on the Statewide list;CommentsClose CommentsPermalink





(B) whether a data record from any source agency represents an individual already registered to vote in the State;CommentsClose CommentsPermalink





(C) whether two data records in the Statewide computerized voter registration list represent duplicate records for the same individual;CommentsClose CommentsPermalink





(D) whether a data record supplied by any list maintenance source represents an individual already registered to vote in the State; andCommentsClose CommentsPermalink





(E) which information will be treated as more current and reliable when data records from multiple sources present information for the same individual.CommentsClose CommentsPermalink





(2) STANDARDS FOR DETERMINING INELIGIBILITY- The chief State election official of a State shall establish uniform and non-discriminatory standards describing the specific conditions under which an individual will be determined for list maintenance purposes to be ineligible to vote in an election for Federal office in the State.CommentsClose CommentsPermalink





(b) Privacy and Security Standards-CommentsClose CommentsPermalink





(1) PRIVACY AND SECURITY POLICY- The chief State election official of a State shall publish and enforce a privacy and security policy specifying each class of users who shall have authorized access to the computerized Statewide voter registration list, specifying for each such class the permission and levels of access to be granted, and setting forth other safeguards to protect the privacy and security of the information on the list. Such policy shall include security safeguards to protect personal information in the data transfer process under section 111, the online or telephone interface, the maintenance of the voter registration database, and audit procedure to track individual access to the system.CommentsClose CommentsPermalink





(2) NO UNAUTHORIZED ACCESS- The chief election official of a State shall establish policies and enforcement procedures to prevent unauthorized access to or use of the computerized Statewide voter registration list, any list or other information provided by a source agency under section 111, or any maintenance source for the list. Nothing in this paragraph shall be construed to prohibit access to information required for official purposes for purposes of voter registration, election administration, and the enforcement of election laws.CommentsClose CommentsPermalink





(3) INTER-AGENCY TRANSFERS-CommentsClose CommentsPermalink





(A) IN GENERAL- The chief election official of a State shall establish policies and enforcement procedures to maintain security during inter-agency transfers of information required or permitted under this subtitle. Each State agency and third party participating in such inter-agency transfers of information shall facilitate and comply with such policies. Nothing in this subparagraph shall prevent a source agency under section 111 from establishing and enforcing additional security measures to protect the confidentiality and integrity of inter-agency data transfers. No State or local election official shall transfer or facilitate the transfer of information from the computerized Statewide voter registration list to any source agency under section 111.CommentsClose CommentsPermalink





(B) TRANSMISSION THROUGH SECURE THIRD PARTIES PERMITTED- Nothing in this section shall be construed to prevent a source agency under section 111 from contracting with a third party to assist in the transmission of data to a chief State election official, so long as the data transmission complies with the applicable requirements of this subtitle, including the privacy and security provisions of this section.CommentsClose CommentsPermalink





(4) RECORDS RETENTION- The chief State election official of a State shall establish standards and procedures to maintain all election records required for purposes of this subtitle, including for the purpose of determining the eligibility of persons casting provisional ballots under section 302 of the Help America Vote Act of 2002. Records for individuals who have been retained on the computerized Statewide voter registration list under section 301 of such Act but identified as ineligible to vote in an election for Federal office within the State, or removed from the list due to ineligibility, shall be maintained and kept available until at least the date of the second general election for Federal office that occurs after the date that the individual was identified as ineligible.CommentsClose CommentsPermalink





(c) Publication of Standards- The chief State election official of a State shall publish on the official’s website the standards established under this section, and shall make those standards available in written form upon public request.CommentsClose CommentsPermalink





(d) Protection of Source Information- The identity of the specific source agency through which an individual consented to register to vote under section 111 shall not be disclosed to the public and shall not be retained after the individual is added to the computerized Statewide voter registration list.CommentsClose CommentsPermalink





(e) Confidentiality of Information- The chief State election official of a State shall establish policies and enforcement procedures to ensure that personal information provided by source agencies or otherwise transmitted under this section is kept confidential and is available only to authorized users. For purposes of these policies and procedures, the term ‘personal information’ means any of the following:CommentsClose CommentsPermalink





(1) Any portion of an individual’s Social Security number.CommentsClose CommentsPermalink





(2) Any portion of an individual’s motor vehicle driver’s license number or State identification card number.CommentsClose CommentsPermalink





(3) An individual’s signature.CommentsClose CommentsPermalink





(4) An individual’s personal residence and contact information (in the case of individuals with respect to whom such information is required to be maintained as confidential under State law).CommentsClose CommentsPermalink





(5) Sensitive information relating to persons in categories designated confidential by Federal or State law, including victims of domestic violence or stalking, prosecutors and law enforcement personnel, and participants in a witness protection program.CommentsClose CommentsPermalink





(6) An individual’s phone number.CommentsClose CommentsPermalink





(7) An individual’s email address.CommentsClose CommentsPermalink





(8) Any indication of an individual’s status as a citizen or noncitizen of the United States.CommentsClose CommentsPermalink





(9) Such other information as the chief State election official may designate as confidential to the extent reasonably necessary to prevent identity theft or impersonation, except that the chief State election official may not designate as confidential under this subparagraph the name, address, or date of registration of an individual, or, where applicable, the self-identified racial or ethnic category of the individual as applicable under Revisions to OMB Directive Number 15 or successor directives.CommentsClose CommentsPermalink





(f) Protections Against Liability of Individuals on Basis of Information Transferred-CommentsClose CommentsPermalink





(1) NO INDIVIDUAL LIABILITY FOR REGISTRATION OF INELIGIBLE INDIVIDUAL- If an individual who is not eligible to register to vote in elections for Federal office is registered to vote in such elections by a chief State election official under section 111, the individual shall not be subject to any penalty, including the imposition of a fine or term of imprisonment, adverse treatment in any immigration or naturalization proceeding, or the denial of any status under immigration laws, under any law prohibiting an individual who is not eligible to register to vote in elections for Federal office from registering to vote in such elections. Nothing in this paragraph shall be construed to waive the liability of any individual who knowingly provides false information to any person regarding the individual’s eligibility to register to vote or vote in elections for Federal office.CommentsClose CommentsPermalink





(2) PROHIBITING USE OF INFORMATION BY OFFICIALS- No person acting under color of law may use the information received by the chief State election official under section 111 to attempt to determine the citizenship status of any individual for immigration enforcement, criminal law enforcement (other than enforcement of election laws), or any purpose other than voter registration, election administration, or the enforcement of election laws.CommentsClose CommentsPermalink





(g) Prohibition on Transfer of Information Irrelevant to Administration of Elections- No source agency shall transmit any information under section 111 which is irrelevant to the administration of elections. To the extent that an election official receives any information which is accidentally or inadvertently transferred by a source agency under such section, the official shall immediately delete the information from the official’s records.CommentsClose CommentsPermalink





(h) Restriction on Use of Information- No information relating to an individual’s absence from the Statewide voter registration list under section 303 of the Help America Vote Act of 2002 or an individual’s declination to supply information for voter registration purposes to a source agency under section 111 may be disclosed to the public for immigration enforcement, criminal law enforcement other than enforcement of laws against election crimes, or used for any purpose other than voter registration, election administration, or the enforcement of election laws.CommentsClose CommentsPermalink





(i) Nondiscrimination- No person acting under color of law may discriminate against any individual on the basis of the individual’s absence from the Statewide voter registration list, the information supplied by the individual for voter registration purpose to a source agency under section 111, or the individual’s declination to supply such information, except as required for purposes of voter registration, election administration, and the enforcement of election laws.CommentsClose CommentsPermalink





(j) Prohibition on the Use of Voter Registration Information for Commercial or Non-Governmental Purposes- Voter registration information collected under this subtitle shall not be used for commercial purposes including for comparison with any existing commercial list or database.CommentsClose CommentsPermalink





(k) Penalty- Whoever knowingly uses information or permits information to be used in violation of this section shall be imprisoned for not more than 1 year, fined under title 18, United States Code, or both.CommentsClose CommentsPermalink





(l) Exclusion From Lists of Individuals Declining Registration- The chief State election official of a State shall ensure that, with respect to any individual who declines the opportunity to register to vote under section 111, the individual’s information is not included on the computerized Statewide voter registration list under section 303 of the Help America Vote Act of 2002 and is not provided to any third party (except to the extent required under other law). Nothing in this subsection shall be construed to preclude an individual who has previously declined the opportunity to register to vote from subsequently registering to vote.CommentsClose CommentsPermalink

SEC. 113. PROMOTING ACCURACY OF STATEWIDE VOTER REGISTRATION LISTS.

(a) Deadlines for Transmittal of Change of Address or Other Identifying Information-CommentsClose CommentsPermalink





(1) INFORMATION RECEIVED BY STATE MOTOR VEHICLE AUTHORITY- Section 5(d) of the National Voter Registration Act of 1993 (42 U.S.C. 1973gg-3(d)) is amended to read as follows:CommentsClose CommentsPermalink





‘(d) Automatic Transmittal of Change of Address or Other Identifying Information- Not later than 24 hours after receiving a change of address form or any other information indicating that identifying information with respect to an individual which is included in the records of the State motor vehicle authority has been changed, the State motor vehicle authority shall transmit such form or other information to the chief State election official, unless--CommentsClose CommentsPermalink





‘(1) the records of the authority include information indicating that the individual is not eligible to register to vote in the State; orCommentsClose CommentsPermalink





‘(2) the individual states on the form or otherwise indicates that the change of address or other information is not for voter registration purposes.’.CommentsClose CommentsPermalink





(2) INFORMATION RECEIVED BY OTHER VOTER REGISTRATION AGENCIES- Section 7 of such Act (42 U.S.C. 1973gg-5) is amended by adding at the end the following new subsection:CommentsClose CommentsPermalink





‘(e) Automatic Transmittal of Change of Address or Other Identifying Information- Not later than 24 hours after receiving a change of address form or any other information indicating that identifying information with respect to an individual which is included in the records of a voter registration agency designated under this section has been changed, the appropriate official of such agency shall transmit such form or other information to the chief State election official, unless--CommentsClose CommentsPermalink





‘(1) the records of the agency include information indicating that the individual is not eligible to register to vote in the State; orCommentsClose CommentsPermalink





‘(2) the individual states on the form or otherwise indicates that the change of address or other information is not for voter registration purposes.’.CommentsClose CommentsPermalink





(3) INFORMATION RECEIVED FROM SOURCE AGENCIES- Not later than 24 hours after receiving a change of address form or any other information indicating that identifying information with respect to an individual which is included in the records of a source agency designated under section 111 has been changed, the appropriate official of such agency shall transmit such form or other information to the chief State election official, unless--CommentsClose CommentsPermalink





(A) the records of the agency include information indicating that the individual is not eligible to register to vote in the State; orCommentsClose CommentsPermalink





(B) the individual states on the form or otherwise indicates that the change of address or other information is not for voter registration purposes.CommentsClose CommentsPermalink





(b) Revision of Statewide Computerized List To Reflect Revised Information- Section 303(a) of the Help America Vote Act of 2002 (42 U.S.C. 15483(a)), as amended by section 102(a), is amended by adding at the end the following new paragraph:CommentsClose CommentsPermalink





‘(7) REVISION OF LIST TO REFLECT INFORMATION RECEIVED FROM OTHER STATE OFFICES-CommentsClose CommentsPermalink





‘(A) IN GENERAL- If a State motor vehicle authority (pursuant to section 5(d) of the National Voter Registration Act of 1993) a voter registration agency (designated under section 7 of such Act), or a source agency (designated under section 111 of the Voter Registration Modernization Act of 2013) transmits to the chief State election official a change of address form or any other information indicating that identifying information with respect to an individual has been changed, the appropriate State or local election official shall--CommentsClose CommentsPermalink





‘(i) determine whether the individual appears on the computerized list established under this section; andCommentsClose CommentsPermalink





‘(ii) if the individual appears on the list, revise the information relating to the individual on the list to reflect the individual’s new address or other changed identifying information.CommentsClose CommentsPermalink





‘(B) NOTIFICATION TO VOTERS- If an election official revises any voter registration information on the computerized list with respect to any voter (including removing the voter from the list), immediately after revising the information, the official shall send the individual a written notice of the revision which includes the following information:CommentsClose CommentsPermalink





‘(i) The voter’s name, date of birth, and address, as reflected in the revised information on the computerized list.CommentsClose CommentsPermalink





‘(ii) A statement that the voter’s voter registration information has been updated.CommentsClose CommentsPermalink





‘(iii) Information on how to correct information on the computerized list.CommentsClose CommentsPermalink





‘(iv) A statement of the eligibility requirements for registered voters in the State.CommentsClose CommentsPermalink





‘(v) A statement (in larger font size than the other statements on the notice) that it is illegal for an individual who does not meet the eligibility requirements for registered voters in the State to vote in an election in the State.CommentsClose CommentsPermalink





‘(vi) A statement that the voter may terminate the voter’s status as a registered voter in the State, or request a change in the voter’s voter registration information, at any time by contacting the appropriate State or local election official, together with contact information for such official (including any website through which the voter may contact the official or obtain information on voter registration in the State).CommentsClose CommentsPermalink





‘(C) USE OF ELECTRONIC MAIL- If an election official has an electronic mail address for any voter to whom the official is required to send a written notice under this paragraph, the official may meet the requirements of this paragraph by sending the notice to the voter in electronic form at that address, but only if prior to sending the notice, the official sends a test electronic mail to the voter at that address and receives confirmation that the address is current and valid.’.CommentsClose CommentsPermalink





(c) Effective Date- The amendments made by this section shall apply with respect to elections occurring during 2014 or any succeeding year.CommentsClose CommentsPermalink

SEC. 114. DEFINITIONS.

(a) Chief State Election Official- In this subtitle, the ‘chief State election official’ means, with respect to a State, the individual designated by the State under section 10 of the National Voter Registration Act of 1993 (42 U.S.C. 1973gg-8) to be responsible for coordination of the State’s responsibilities under such Act.CommentsClose CommentsPermalink





(b) State- In this subtitle, a ‘State’ includes the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands, but does not include any State in which, under a State law in effect continuously on and after the date of the enactment of this Act, there is no voter registration requirement for individuals in the State with respect to elections for Federal office.CommentsClose CommentsPermalink

SEC. 115. EFFECTIVE DATE.

This subtitle and the amendments made by this subtitle shall apply with respect to the regularly scheduled general election for Federal office held in November 2014 and each succeeding election for Federal office.CommentsClose CommentsPermalink

Subtitle C--Other Initiatives To Promote Voter RegistrationCommentsClose CommentsPermalink

SEC. 121. SAME DAY REGISTRATION.

(a) In General- Title III of the Help America Vote Act of 2002 (42 U.S.C. 15481 et seq.) is amended--CommentsClose CommentsPermalink





(1) by redesignating sections 304 and 305 as sections 305 and 306; andCommentsClose CommentsPermalink





(2) by inserting after section 303 the following new section:CommentsClose CommentsPermalink

‘SEC. 304. SAME DAY REGISTRATION.

‘(a) In General-CommentsClose CommentsPermalink





‘(1) REGISTRATION- Notwithstanding section 8(a)(1)(D) of the National Voter Registration Act of 1993 (42 U.S.C. 1973gg-6), each State shall permit any eligible individual on the day of a Federal election and on any day when voting, including early voting, is permitted for a Federal election--CommentsClose CommentsPermalink





‘(A) to register to vote in such election at the polling place using a form that meets the requirements under section 9(b) of the National Voter Registration Act of 1993 (or, if the individual is already registered to vote, to revise any of the individual’s voter registration information); andCommentsClose CommentsPermalink





‘(B) to cast a vote in such election.CommentsClose CommentsPermalink





‘(2) EXCEPTION- The requirements under paragraph (1) shall not apply to a State in which, under a State law in effect continuously on and after the date of the enactment of this section, there is no voter registration requirement for individuals in the State with respect to elections for Federal office.CommentsClose CommentsPermalink





‘(b) Eligible Individual- For purposes of this section, the term ‘eligible individual’ means, with respect to any election for Federal office, an individual who is otherwise qualified to vote in that election.CommentsClose CommentsPermalink





‘(c) Effective Date- Each State shall be required to comply with the requirements of subsection (a) for the regularly scheduled general election for Federal office occurring in November 2014 and for any subsequent election for Federal office.’.CommentsClose CommentsPermalink





(b) Conforming Amendment Relating to Enforcement- Section 401 of such Act (42 U.S.C. 15511) is amended by striking ‘sections 301, 302, and 303’ and inserting ‘subtitle A of title III’.CommentsClose CommentsPermalink





(c) Clerical Amendment- The table of contents of such Act is amended--CommentsClose CommentsPermalink





(1) by redesignating the items relating to sections 304 and 305 as relating to sections 305 and 306; andCommentsClose CommentsPermalink





(2) by inserting after the item relating to section 303 the following new item:CommentsClose CommentsPermalink





‘Sec. 304. Same day registration.’.CommentsClose CommentsPermalink

SEC. 122. ACCEPTANCE OF VOTER REGISTRATION APPLICATIONS FROM INDIVIDUALS UNDER 18 YEARS OF AGE.

(a) Acceptance of Applications- Section 8 of the National Voter Registration Act of 1993 (42 U.S.C. 1973gg-6), as amended by section 104, is amended--CommentsClose CommentsPermalink





(1) by redesignating subsection (k) as subsection (l); andCommentsClose CommentsPermalink





(2) by inserting after subsection (j) the following new subsection:CommentsClose CommentsPermalink





‘(k) Acceptance of Applications From Individuals Under 18 Years of Age-CommentsClose CommentsPermalink





‘(1) IN GENERAL- A State may not refuse to accept or process an individual’s application to register to vote in elections for Federal office on the grounds that the individual is under 18 years of age at the time the individual submits the application, so long as the individual is at least 16 years of age at such time.CommentsClose CommentsPermalink





‘(2) NO EFFECT ON STATE VOTING AGE REQUIREMENTS- Nothing in paragraph (1) may be construed to require a State to permit an individual who is under 18 years of age at the time of an election for Federal office to vote in the election.’.CommentsClose CommentsPermalink





(b) Effective Date- The amendment made by subsection (a) shall apply with respect to elections occurring on or after January 1, 2014.CommentsClose CommentsPermalink

SEC. 123. ANNUAL REPORTS ON VOTER REGISTRATION STATISTICS.

(a) Annual Report- Not later than 90 days after the end of each year, each State shall submit to the Election Assistance Commission and Congress a report containing the following information for the year:CommentsClose CommentsPermalink





(1) The number of individuals who were registered under section 111.CommentsClose CommentsPermalink





(2) The number of voter registration application forms completed by individuals that were transmitted by motor vehicle authorities in the State (pursuant to section 5(d) of the National Voter Registration Act of 1993) and voter registration agencies in the State (as designated under section 7 of such Act) to the chief State election official of the State, broken down by each such authority and agency.CommentsClose CommentsPermalink





(3) The number of such individuals whose voter registration application forms were accepted and who were registered to vote in the State and the number of such individuals whose forms were rejected and who were not registered to vote in the State, broken down by each such authority and agency.CommentsClose CommentsPermalink





(4) The number of change of address forms and other forms of information indicating that an individual’s identifying information has been changed that were transmitted by such motor vehicle authorities and voter registration agencies to the chief State election official of the State, broken down by each such authority and agency and the type of form transmitted.CommentsClose CommentsPermalink





(5) The number of individuals on the Statewide computerized voter registration list (as established and maintained under section 303 of the Help America Vote Act of 2002) whose voter registration information was revised by the chief State election official as a result of the forms transmitted to the official by such motor vehicle authorities and voter registration agencies (as described in paragraph (3)), broken down by each such authority and agency and the type of form transmitted.CommentsClose CommentsPermalink





(6) The number of individuals who requested the chief State election official to revise voter registration information on such list, and the number of individuals whose information was revised as a result of such a request.CommentsClose CommentsPermalink





(b) Confidentiality of Information- In preparing and submitting a report under this section, the chief State election official shall ensure that no information regarding the identification of any individual is revealed.CommentsClose CommentsPermalink





(c) State Defined- In this section, a ‘State’ includes the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands, but does not include any State in which, under a State law in effect continuously on and after the date of the enactment of this Act, there is no voter registration requirement for individuals in the State with respect to elections for Federal office.CommentsClose CommentsPermalink

Subtitle D--Availability of HAVA Requirements PaymentsCommentsClose CommentsPermalink

SEC. 131. AVAILABILITY OF REQUIREMENTS PAYMENTS UNDER HAVA TO COVER COSTS OF COMPLIANCE WITH NEW 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 ‘(2) and (3)’ and inserting ‘(2), (3), and (4)’; andCommentsClose CommentsPermalink





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





‘(4) CERTAIN VOTER REGISTRATION ACTIVITIES- A State may use a requirements payment to carry out any of the requirements of the Voter Registration Modernization Act of 2013, including 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 2013.’.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)(2)’.CommentsClose CommentsPermalink





(c) Effective Date- The amendments made by this section shall apply with respect to fiscal year 2014 and each succeeding fiscal year.CommentsClose CommentsPermalink

Subtitle E--Prohibiting Interference With Voter RegistrationCommentsClose CommentsPermalink

SEC. 141. PROHIBITING HINDERING, INTERFERING WITH, OR PREVENTING VOTER REGISTRATION .

(a) In General- Chapter 29 of title 18, United States Code is amended by adding at the end the following new section:CommentsClose CommentsPermalink

‘Sec. 612. Hindering, interfering with, or preventing registering to vote

‘(a) Prohibition- It shall be unlawful for any person, whether acting under color of law or otherwise, to corruptly hinder, interfere with, or prevent another person from registering to vote or aiding another person in registering to vote in any election for Federal office.CommentsClose CommentsPermalink





‘(b) Attempt- Any person who attempts to commit any offense described in subsection (a) shall be subject to the same penalties as those prescribed for the offense that the person attempted to commit.CommentsClose CommentsPermalink





‘(c) Penalty- Any person who violates subsection (a) shall be fined under this title, imprisoned not more than 5 years, or both.CommentsClose CommentsPermalink





‘(d) Election for Federal Office Defined- For purposes of this section, the term ‘election for Federal office’ means a general, special, primary, or runoff election held to nominate or elect a candidate for the office of President or Vice President, presidential elector, or of Senator or Representative in, or Delegate or Resident Commissioner to, the Congress.’.CommentsClose CommentsPermalink





(b) Clerical Amendment- The table of sections for chapter 29 of title 18, United States Code is amended by adding at the end the following new item:CommentsClose CommentsPermalink





‘612. Hindering, interfering with, or preventing registering to vote.’.CommentsClose CommentsPermalink





(c) Effective Date- The amendments made by this section shall apply with respect to elections held on or after the date of the enactment of this Act, except that no person may be found to have violated section 612 of title 18, United States Code (as added by subsection (a)) on the basis of any act occurring prior to the date of the enactment of this Act.CommentsClose CommentsPermalink

SEC. 142. ESTABLISHMENT OF BEST PRACTICES.

(a) Best Practices- Not later than 180 days after the date of the enactment of this Act, the Election Assistance Commission shall develop and publish recommendations for best practices for States to use to deter and prevent violations of section 612 of title 18, United States Code (as added by section 141) and section 12 of the National Voter Registration Act of 1993 (42 U.S.C. 1973gg-10) (relating to the unlawful interference with registering to vote, or voting, or attempting to register to vote or vote), including practices to provide for the posting of relevant information at polling places and voter registration agencies under such Act, the training of poll workers and election officials, and relevant educational materials. For purposes of this subsection, the term ‘State’ includes the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands.CommentsClose CommentsPermalink





(b) Inclusion in Voter Information Requirements- Section 302(b)(2) of the Help America Vote Act of 2002 (42 U.S.C. 15482(b)(2)) is amended--CommentsClose CommentsPermalink





(1) by striking ‘and’ at the end of subparagraph (E);CommentsClose CommentsPermalink





(2) by striking the period at the end of subparagraph (F) and inserting ‘; and’; andCommentsClose CommentsPermalink





(3) by adding at the end the following new subparagraph:CommentsClose CommentsPermalink





‘(G) information relating to the prohibitions of section 612 of title 18, United States Code, and section 12 of the National Voter Registration Act of 1993 (42 U.S.C. 1973gg-10) (relating to the unlawful interference with registering to vote, or voting, or attempting to register to vote or vote), including information on how individuals may report allegations of violations of such prohibitions.’.CommentsClose CommentsPermalink

TITLE II--ACCESS TO VOTING FOR INDIVIDUALS WITH DISABILITIESCommentsClose CommentsPermalink

SEC. 201. REQUIREMENTS FOR STATES TO PROMOTE ACCESS TO VOTER REGISTRATION AND VOTING FOR INDIVIDUALS WITH DISABILITIES.

(a) Requirements- Subtitle A of title III of the Help America Vote Act of 2002 (42 U.S.C. 15481 et seq.), as amended by section 114, is amended--CommentsClose CommentsPermalink





(1) by redesignating sections 305 and 306 as sections 306 and 307; andCommentsClose CommentsPermalink





(2) by inserting after section 304 the following new section:CommentsClose CommentsPermalink

‘SEC. 305. ACCESS TO VOTER REGISTRATION AND VOTING FOR INDIVIDUALS WITH DISABILITIES.

‘(a) Treatment of Applications and Ballots- Each State shall--CommentsClose CommentsPermalink





‘(1) permit individuals with disabilities to use absentee registration procedures and to vote by absentee ballot in elections for Federal office;CommentsClose CommentsPermalink





‘(2) accept and process, with respect to any election for Federal office, any otherwise valid voter registration application and absentee ballot application from an individual with a disability if the application is received by the appropriate State election official not less than 30 days before the election;CommentsClose CommentsPermalink





‘(3) in addition to any other method of registering to vote or applying for an absentee ballot in the State, establish procedures--CommentsClose CommentsPermalink





‘(A) for individuals with disabilities to request by mail and electronically voter registration applications and absentee ballot applications with respect to elections for Federal office in accordance with subsection (c);CommentsClose CommentsPermalink





‘(B) for States to send by mail and electronically (in accordance with the preferred method of transmission designated by the individual under subparagraph (C)) voter registration applications and absentee ballot applications requested under subparagraph (A) in accordance with subsection (c); andCommentsClose CommentsPermalink





‘(C) by which such an individual can designate whether the individual prefers that such voter registration application or absentee ballot application be transmitted by mail or electronically;CommentsClose CommentsPermalink





‘(4) in addition to any other method of transmitting blank absentee ballots in the State, establish procedures for transmitting by mail and electronically blank absentee ballots to individuals with disabilities with respect to elections for Federal office in accordance with subsection (d);CommentsClose CommentsPermalink





‘(5) transmit a validly requested absentee ballot to an individual with a disability--CommentsClose CommentsPermalink





‘(A) except as provided in subsection (e), in the case in which the request is received at least 45 days before an election for Federal office, not later than 45 days before the election; andCommentsClose CommentsPermalink





‘(B) in the case in which the request is received less than 45 days before an election for Federal office--CommentsClose CommentsPermalink





‘(i) in accordance with State law; andCommentsClose CommentsPermalink





‘(ii) if practicable and as determined appropriate by the State, in a manner that expedites the transmission of such absentee ballot; andCommentsClose CommentsPermalink





‘(6) if the State declares or otherwise holds a runoff election for Federal office, establish a written plan that provides absentee ballots are made available to individuals with disabilities in a manner that gives them sufficient time to vote in the runoff election.CommentsClose CommentsPermalink





‘(b) Designation of Single State Office To Provide Information on Registration and Absentee Ballot Procedures for All Disabled Voters in State- Each State shall designate a single office which shall be responsible for providing information regarding voter registration procedures and absentee ballot procedures to be used by individuals with disabilities with respect to elections for Federal office to all individuals with disabilities who wish to register to vote or vote in any jurisdiction in the State.CommentsClose CommentsPermalink





‘(c) Designation of Means of Electronic Communication for Individuals With Disabilities To Request and for States To Send Voter Registration Applications and Absentee Ballot Applications, and for Other Purposes Related to Voting Information-CommentsClose CommentsPermalink





‘(1) IN GENERAL- Each State shall, in addition to the designation of a single State office under subsection (b), designate not less than one means of electronic communication--CommentsClose CommentsPermalink





‘(A) for use by individuals with disabilities who wish to register to vote or vote in any jurisdiction in the State to request voter registration applications and absentee ballot applications under subsection (a)(3);CommentsClose CommentsPermalink





‘(B) for use by States to send voter registration applications and absentee ballot applications requested under such subsection; andCommentsClose CommentsPermalink





‘(C) for the purpose of providing related voting, balloting, and election information to individuals with disabilities.CommentsClose CommentsPermalink





‘(2) CLARIFICATION REGARDING PROVISION OF MULTIPLE MEANS OF ELECTRONIC COMMUNICATION- A State may, in addition to the means of electronic communication so designated, provide multiple means of electronic communication to individuals with disabilities, including a means of electronic communication for the appropriate jurisdiction of the State.CommentsClose CommentsPermalink





‘(3) INCLUSION OF DESIGNATED MEANS OF ELECTRONIC COMMUNICATION WITH INFORMATIONAL AND INSTRUCTIONAL MATERIALS THAT ACCOMPANY BALLOTING MATERIALS- Each State shall include a means of electronic communication so designated with all informational and instructional materials that accompany balloting materials sent by the State to individuals with disabilities.CommentsClose CommentsPermalink





‘(4) TRANSMISSION IF NO PREFERENCE INDICATED- In the case where an individual with a disability does not designate a preference under subsection (a)(3)(C), the State shall transmit the voter registration application or absentee ballot application by any delivery method allowable in accordance with applicable State law, or if there is no applicable State law, by mail.CommentsClose CommentsPermalink





‘(d) Transmission of Blank Absentee Ballots by Mail and Electronically-CommentsClose CommentsPermalink





‘(1) IN GENERAL- Each State shall establish procedures--CommentsClose CommentsPermalink





‘(A) to transmit blank absentee ballots by mail and electronically (in accordance with the preferred method of transmission designated by the individual with a disability under subparagraph (B)) to individuals with disabilities for an election for Federal office; andCommentsClose CommentsPermalink





‘(B) by which the individual with a disability can designate whether the individual prefers that such blank absentee ballot be transmitted by mail or electronically.CommentsClose CommentsPermalink





‘(2) TRANSMISSION IF NO PREFERENCE INDICATED- In the case where an individual with a disability does not designate a preference under paragraph (1)(B), the State shall transmit the ballot by any delivery method allowable in accordance with applicable State law, or if there is no applicable State law, by mail.CommentsClose CommentsPermalink





‘(e) Hardship Exemption-CommentsClose CommentsPermalink





‘(1) IN GENERAL- If the chief State election official determines that the State is unable to meet the requirement under subsection (a)(5)(A) with respect to an election for Federal office due to an undue hardship described in paragraph (2)(B), the chief State election official shall request that the Attorney General grant a waiver to the State of the application of such subsection. Such request shall include--CommentsClose CommentsPermalink





‘(A) a recognition that the purpose of such subsection is to individuals with disabilities enough time to vote in an election for Federal office;CommentsClose CommentsPermalink





‘(B) an explanation of the hardship that indicates why the State is unable to transmit such individuals an absentee ballot in accordance with such subsection;CommentsClose CommentsPermalink





‘(C) the number of days prior to the election for Federal office that the State requires absentee ballots be transmitted to such individuals; andCommentsClose CommentsPermalink





‘(D) a comprehensive plan to ensure that such individuals are able to receive absentee ballots which they have requested and submit marked absentee ballots to the appropriate State election official in time to have that ballot counted in the election for Federal office, which includes--CommentsClose CommentsPermalink





‘(i) the steps the State will undertake to ensure that such individuals have time to receive, mark, and submit their ballots in time to have those ballots counted in the election;CommentsClose CommentsPermalink





‘(ii) why the plan provides such individuals sufficient time to vote as a substitute for the requirements under such subsection; andCommentsClose CommentsPermalink





‘(iii) the underlying factual information which explains how the plan provides such sufficient time to vote as a substitute for such requirements.CommentsClose CommentsPermalink





‘(2) APPROVAL OF WAIVER REQUEST- The Attorney General shall approve a waiver request under paragraph (1) if the Attorney General determines each of the following requirements are met:CommentsClose CommentsPermalink





‘(A) The comprehensive plan under subparagraph (D) of such paragraph provides individuals with disabilities sufficient time to receive absentee ballots they have requested and submit marked absentee ballots to the appropriate State election official in time to have that ballot counted in the election for Federal office.CommentsClose CommentsPermalink





‘(B) One or more of the following issues creates an undue hardship for the State:CommentsClose CommentsPermalink





‘(i) The State’s primary election date prohibits the State from complying with subsection (a)(5)(A).CommentsClose CommentsPermalink





‘(ii) The State has suffered a delay in generating ballots due to a legal contest.CommentsClose CommentsPermalink





‘(iii) The State Constitution prohibits the State from complying with such subsection.CommentsClose CommentsPermalink





‘(3) TIMING OF WAIVER-CommentsClose CommentsPermalink





‘(A) IN GENERAL- Except as provided under subparagraph (B), a State that requests a waiver under paragraph (1) shall submit to the Attorney General the written waiver request not later than 90 days before the election for Federal office with respect to which the request is submitted. The Attorney General shall approve or deny the waiver request not later than 65 days before such election.CommentsClose CommentsPermalink





‘(B) EXCEPTION- If a State requests a waiver under paragraph (1) as the result of an undue hardship described in paragraph (2)(B)(ii), the State shall submit to the Attorney General the written waiver request as soon as practicable. The Attorney General shall approve or deny the waiver request not later than 5 business days after the date on which the request is received.CommentsClose CommentsPermalink





‘(4) APPLICATION OF WAIVER- A waiver approved under paragraph (2) shall only apply with respect to the election for Federal office for which the request was submitted. For each subsequent election for Federal office, the Attorney General shall only approve a waiver if the State has submitted a request under paragraph (1) with respect to such election.CommentsClose CommentsPermalink





‘(f) Individual With a Disability Defined- In this section, an ‘individual with a disability’ means an individual with an impairment that substantially limits any major life activities and who is otherwise qualified to vote in elections for Federal office.CommentsClose CommentsPermalink





‘(g) Effective Date- This section shall apply with respect to elections for Federal office held on or after January 1, 2014.’.CommentsClose CommentsPermalink





(b) Conforming Amendment Relating to Issuance of Voluntary Guidance by Election Assistance Commission- Section 311(b) of such Act (42 U.S.C. 15501(b)) is amended--CommentsClose CommentsPermalink





(1) by striking ‘and’ at the end of paragraph (2);CommentsClose CommentsPermalink





(2) by striking the period at the end of paragraph (3) and inserting ‘; and’; andCommentsClose CommentsPermalink





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





‘(4) in the case of the recommendations with respect to section 305, January 1, 2014.’.CommentsClose CommentsPermalink





(c) Clerical Amendment- The table of contents of such Act, as amended by section 114(c), is amended--CommentsClose CommentsPermalink





(1) by redesignating the items relating to sections 305 and 306 as relating to sections 306 and 307; andCommentsClose CommentsPermalink





(2) by inserting after the item relating to section 304 the following new item:CommentsClose CommentsPermalink





‘Sec. 305. Access to voter registration and voting for individuals with disabilities.’.CommentsClose CommentsPermalink

SEC. 202. PILOT PROGRAMS FOR ENABLING INDIVIDUALS WITH DISABILITIES TO REGISTER TO VOTE AND VOTE PRIVATELY AND INDEPENDENTLY AT RESIDENCES.

(a) Establishment of Pilot Programs- The Election Assistance Commission (hereafter referred to as the ‘Commission’) shall make grants to eligible States to conduct pilot programs under which--CommentsClose CommentsPermalink





(1) individuals with disabilities may use electronic means (including the Internet and telephones utilizing assistive devices) to register to vote and to request and receive absentee ballots, in a manner which permits such individuals to do so privately and independently at their own residences; andCommentsClose CommentsPermalink





(2) individuals with disabilities may use the telephone to cast ballots electronically from their own residences, but only if the telephone used is not connected to the Internet.CommentsClose CommentsPermalink





(b) Reports-CommentsClose CommentsPermalink





(1) IN GENERAL- A State receiving a grant for a year under this section shall submit a report to the Commission on the pilot programs the State carried out with the grant with respect to elections for public office held in the State during the year.CommentsClose CommentsPermalink





(2) DEADLINE- A State shall submit a report under paragraph (1) not later than 90 days after the last election for public office held in the State during the year.CommentsClose CommentsPermalink





(c) Eligibility- A State is eligible to receive a grant under this section if the State submits to the Commission, at such time and in such form as the Commission may require, an application containing such information and assurances as the Commission may require.CommentsClose CommentsPermalink





(d) Timing- The Commission shall make the first grants under this section for pilot programs which will be in effect with respect to elections for Federal office held in 2014, or, at the option of a State, with respect to other elections for public office held in the State in 2014.CommentsClose CommentsPermalink





(e) Authorization of Appropriations- There is authorized to be appropriated for grants for pilot programs under this section $30,000,000 for fiscal year 2014 and each succeeding fiscal year.CommentsClose CommentsPermalink





(f) State Defined- In this section, the term ‘State’ includes the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands.CommentsClose CommentsPermalink

SEC. 203. EXPANSION AND REAUTHORIZATION OF GRANT PROGRAM TO ASSURE VOTING ACCESS FOR INDIVIDUALS WITH DISABILITIES.

(a) Purposes of Payments- Section 261(b) of the Help America Vote Act of 2002 (42 U.S.C. 15421(b)) is amended by striking paragraphs (1) and (2) and inserting the following:CommentsClose CommentsPermalink





‘(1) making absentee voting and voting at home accessible to individuals with the full range of disabilities (including impairments involving vision, hearing, mobility, or dexterity) through the implementation of accessible absentee voting systems that work in conjunction with assistive technologies for which individuals have access at their homes, independent living centers, or other facilities;CommentsClose CommentsPermalink





‘(2) making polling places, including the path of travel, entrances, exits, and voting areas of each polling facility, accessible to individuals with disabilities, including the blind and visually impaired, in a manner that provides the same opportunity for access and participation (including privacy and independence) as for other voters; andCommentsClose CommentsPermalink





‘(3) providing solutions to problems of access to voting and elections for individuals with disabilities that are universally designed and provide the same opportunities for individuals with and without disabilities.’.CommentsClose CommentsPermalink





(b) Reauthorization- Section 264(a) of such Act (42 U.S.C. 15424(a)) is amended by adding at the end the following new paragraph:CommentsClose CommentsPermalink





‘(4) For fiscal year 2014 and each succeeding fiscal year, such sums as may be necessary to carry out this part.’.CommentsClose CommentsPermalink





(c) Period of Availability of Funds- Section 264 of such Act (42 U.S.C. 15424) is amended--CommentsClose CommentsPermalink





(1) in subsection (b), by striking ‘Any amounts’ and inserting ‘Except as provided in subsection (b), any amounts’; andCommentsClose CommentsPermalink





(2) by adding at the end the following new subsection:CommentsClose CommentsPermalink





‘(c) Return and Transfer of Certain Funds-CommentsClose CommentsPermalink





‘(1) DEADLINE FOR OBLIGATION AND EXPENDITURE- In the case of any amounts appropriated pursuant to the authority of subsection (a) for a payment to a State or unit of local government for fiscal year 2014 or any succeeding fiscal year, any portion of such amounts which have not been obligated or expended by the State or unit of local government prior to the expiration of the 4-year period which begins on the date the State or unit of local government first received the amounts shall be transferred to the Commission.CommentsClose CommentsPermalink





‘(2) REALLOCATION OF TRANSFERRED AMOUNTS-CommentsClose CommentsPermalink





‘(A) IN GENERAL- The Commission shall use the amounts transferred under paragraph (1) to make payments on a pro rata basis to each covered payment recipient described in subparagraph (B), which may obligate and expend such payment for the purposes described in section 261(b) during the 1-year period which begins on the date of receipt.CommentsClose CommentsPermalink





‘(B) COVERED PAYMENT RECIPIENTS DESCRIBED- In subparagraph (A), a ‘covered payment recipient’ is a State or unit of local government with respect to which--CommentsClose CommentsPermalink





‘(i) amounts were appropriated pursuant to the authority of subsection (a); andCommentsClose CommentsPermalink





‘(ii) no amounts were transferred to the Commission under paragraph (1).’.CommentsClose CommentsPermalink

TITLE III--PROHIBITING VOTER CAGINGCommentsClose CommentsPermalink

SEC. 301. VOTER CAGING AND OTHER QUESTIONABLE CHALLENGES PROHIBITED.

(a) In General- Chapter 29 of title 18, United States Code, as amended by section 141(a), is amended by adding at the end the following:CommentsClose CommentsPermalink

‘Sec. 613. Voter caging and other questionable challenges

‘(a) Definitions- In this section--CommentsClose CommentsPermalink





‘(1) the term ‘voter caging document’ means--CommentsClose CommentsPermalink





‘(A) a nonforwardable document that is returned to the sender or a third party as undelivered or undeliverable despite an attempt to deliver such document to the address of a registered voter or applicant; orCommentsClose CommentsPermalink





‘(B) any document with instructions to an addressee that the document be returned to the sender or a third party but is not so returned, despite an attempt to deliver such document to the address of a registered voter or applicant, unless at least two Federal election cycles have passed since the date of the attempted delivery;CommentsClose CommentsPermalink





‘(2) the term ‘voter caging list’ means a list of individuals compiled from voter caging documents; andCommentsClose CommentsPermalink





‘(3) the term ‘unverified match list’ means a list produced by matching the information of registered voters or applicants for voter registration to a list of individuals who are ineligible to vote in the registrar’s jurisdiction, by virtue of death, conviction, change of address, or otherwise; unless one of the pieces of information matched includes a signature, photograph, or unique identifying number ensuring that the information from each source refers to the same individual.CommentsClose CommentsPermalink





‘(b) Prohibition Against Voter Caging- No State or local election official shall prevent an individual from registering or voting in any election for Federal office, or permit in connection with any election for Federal office a formal challenge under State law to an individual’s registration status or eligibility to vote, if the basis for such decision is evidence consisting of--CommentsClose CommentsPermalink





‘(1) a voter caging document or voter caging list;CommentsClose CommentsPermalink





‘(2) an unverified match list;CommentsClose CommentsPermalink





‘(3) an error or omission on any record or paper relating to any application, registration, or other act requisite to voting, if such error or omission is not material to an individual’s eligibility to vote under section 2004 of the Revised Statutes, as amended (42 U.S.C. 1971(a)(2)(B)); orCommentsClose CommentsPermalink





‘(4) any other evidence so designated for purposes of this section by the Election Assistance Commission,CommentsClose CommentsPermalink





except that the election official may use such evidence if it is corroborated by independent evidence of the individual’s ineligibility to register or vote.CommentsClose CommentsPermalink





‘(c) Requirements for Challenges by Persons Other Than Election Officials- No person, other than a State or local election official, shall submit a formal challenge to an individual’s eligibility to register to vote in an election for Federal office or to vote in an election for Federal office unless that challenge is supported by personal knowledge regarding the grounds for ineligibility which is--CommentsClose CommentsPermalink





‘(1) documented in writing; andCommentsClose CommentsPermalink





‘(2) subject to an oath or attestation under penalty of perjury that the challenger has a good faith factual basis to believe that the individual who is the subject of the challenge is ineligible to register to vote or vote in that election.CommentsClose CommentsPermalink





‘(d) Penalties for Knowing Misconduct- Whoever knowingly challenges the eligibility of one or more individuals to register or vote or knowingly causes the eligibility of such individuals to be challenged in violation of this section with the intent that one or more eligible voters be disqualified, shall be fined under this title or imprisoned not more than 1 year, or both, for each such violation. Each violation shall be a separate offense.CommentsClose CommentsPermalink





‘(e) No Effect on Related Laws- Nothing in this section is intended to override the protections of the National Voter Registration Act of 1993 (42 U.S.C. 1973gg et seq.) or to affect the Voting Rights Act of 1965 (42 U.S.C. 1973 et seq.).’.CommentsClose CommentsPermalink





(b) Clerical Amendment- The table of sections for chapter 29 of title 18, United States Code, as amended by section 141(b), is amended by adding at the end the following:CommentsClose CommentsPermalink





‘613. Voter caging and other questionable challenges.’.CommentsClose CommentsPermalink

SEC. 302. DEVELOPMENT AND ADOPTION OF BEST PRACTICES FOR PREVENTING VOTER CAGING.

(a) Best Practices- Not later than 180 days after the date of the enactment of this Act, the Election Assistance Commission shall develop and publish for the use of States recommendations for best practices to deter and prevent violations of section 613 of title 18, United States Code, as added by section 301(a), including practices to provide for the posting of relevant information at polling places and voter registration agencies, the training of poll workers and election officials, and relevant educational measures. For purposes of this subsection, the term ‘State’ includes the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands.CommentsClose CommentsPermalink





(b) Inclusion in Voting Information Requirements- Section 302(b)(2) of the Help America Vote Act of 2002 (42 U.S.C. 15482(b)(2)), as amended by section 141(b), is amended--CommentsClose CommentsPermalink





(1) by striking ‘and’ at the end of subparagraph (F);CommentsClose CommentsPermalink





(2) by striking the period at the end of subparagraph (G) and inserting ‘; and’; andCommentsClose CommentsPermalink





(3) by adding at the end the following new subparagraph:CommentsClose CommentsPermalink





‘(H) information relating to the prohibition against voter caging and other questionable challenges (as set forth in section 613 of title 18, United States Code), including information on how individuals may report allegations of violations of such prohibition.’.CommentsClose CommentsPermalink

SEC. 303. SEVERABILITY.

If any provision of this title or any amendment made by this title, or the application of a provision to any person or circumstance, is held to be unconstitutional, the remainder of this title and the amendments made by this title, and the application of the provisions to any person or circumstance, shall not be affected by the holding.CommentsClose CommentsPermalink

TITLE IV--PROHIBITING DECEPTIVE PRACTICESCommentsClose CommentsPermalink

SEC. 401. PROHIBITION ON DECEPTIVE PRACTICES IN FEDERAL ELECTIONS.

(a) In General- Chapter 29 of title 18, United States Code, as amended by section 141(a) and section 301(a), is amended by adding at the end the following:CommentsClose CommentsPermalink

‘Sec. 614. False election-related information in Federal elections

‘(a) A person, including an election official, who in any election for Federal office knowingly and willfully deprives, defrauds, or attempts to deprive or defraud the residents of a State of their free and fair exercise of the right to vote by the communication of election-related information that is known by the person to be materially false, fictitious, or fraudulent shall be fined under this title or imprisoned not more than 1 year, or both.CommentsClose CommentsPermalink





‘(b) As used in this section--CommentsClose CommentsPermalink





‘(1) the term ‘election for Federal office’ means any general, primary, runoff, or special election for the office of President, Vice President, presidential elector, Member of the Senate, Member of the House of Representatives, or Delegate or Resident Commissioner to the Congress; andCommentsClose CommentsPermalink





‘(2) the term ‘election-related information’ means any oral or written communication regarding--CommentsClose CommentsPermalink





‘(A) the time or place of an election for Federal office;CommentsClose CommentsPermalink





‘(B) criminal penalties associated with voting in such an election;CommentsClose CommentsPermalink





‘(C) an individual’s voter registration status or eligibility to vote in such an election; orCommentsClose CommentsPermalink





‘(D) the explicit endorsement by any person or organization of a candidate in such an election.’.CommentsClose CommentsPermalink





(b) Clerical Amendment- The table of sections for chapter 29 of title 18, United States Code, as amended by section 141(b) and section 301(b), is amended by adding at the end the following new item:CommentsClose CommentsPermalink





‘614. False election-related information in Federal elections.’.CommentsClose CommentsPermalink

SEC. 402. MODIFICATION OF PENALTY FOR VOTER INTIMIDATION.

Section 594 of title 18, United States Code, is amended by striking ‘one year’ and inserting ‘5 years’.CommentsClose CommentsPermalink

SEC. 403. SENTENCING GUIDELINES.

(a) Review and Amendment- Not later than 90 days after the date of enactment of this Act, the United States Sentencing Commission, pursuant to its authority under section 994 of title 28, United States Code, and in accordance with this section, shall review and, if appropriate, amend the Federal sentencing guidelines and policy statements applicable to persons convicted of any offense under any sections of title 18, United States Code, that are added or modified by this Act.CommentsClose CommentsPermalink





(b) Authorization- The United States Sentencing Commission may, for the purposes of the amendments made pursuant to this title, amend the Federal sentencing guidelines in accordance with the procedures set forth in section 21(a) of the Sentencing Act of 1987 (28 U.S.C. 994 note) as though the authority under that section had not expired.CommentsClose CommentsPermalink

SEC. 404. REPORTING VIOLATIONS; CORRECTIVE ACTION.

(a) Reporting- Any person may submit a report to the Attorney General regarding any violation or possible violation of section 594 or section 614 of title 18, United States Code (as added by section 401(a)).CommentsClose CommentsPermalink





(b) Corrective Action-CommentsClose CommentsPermalink





(1) IN GENERAL- Immediately after receiving a report under subsection (a), the Attorney General shall consider and review the report, and if the Attorney General determines that there is a reasonable basis to find that a violation included in the report has occurred, the Attorney General shall--CommentsClose CommentsPermalink





(A) undertake all effective measures necessary to provide correct information to voters affected by the false information; andCommentsClose CommentsPermalink





(B) refer the matter to the appropriate Federal and State authorities for criminal prosecution or civil action after the election involved.CommentsClose CommentsPermalink





(2) REGULATIONS- The Attorney General shall promulgate regulations regarding the methods and means of corrective actions to be taken under paragraph (1). Such regulations shall be developed in consultation with the Election Assistance Commission, civil rights organizations, voting rights groups, State and local election officials, voter protection groups, and other interested community organizations.CommentsClose CommentsPermalink





(3) STUDY AND REPORT ON METHODS OF DISSEMINATING CORRECTIVE INFORMATION-CommentsClose CommentsPermalink





(A) IN GENERAL- The Attorney General, in consultation with the Federal Communications Commission and the Election Assistance Commission, shall conduct a study on the feasibility of providing the corrective information under paragraph (1) through public service announcements, the emergency alert system, or other forms of public broadcast.CommentsClose CommentsPermalink





(B) REPORT- Not later than 180 days after the date of the enactment of this Act, the Attorney General shall submit to Congress a report detailing the results of the study conducted under subparagraph (A).CommentsClose CommentsPermalink





(4) PUBLICIZING AVAILABILITY OF REMEDIES- The Attorney General shall make public through the Internet, radio, television, and newspaper advertisements information on the responsibilities, contact information, and complaint procedures applicable under this section.CommentsClose CommentsPermalink





(c) Reports to Congress-CommentsClose CommentsPermalink





(1) IN GENERAL- Not later than 90 days after any election with respect to which a report has been submitted under subsection (a), the Attorney General shall submit to Congress a report compiling all such reports submitted under subsection (a) with respect to that election.CommentsClose CommentsPermalink





(2) CONTENTS-CommentsClose CommentsPermalink





(A) IN GENERAL- Each report submitted under paragraph (1) shall include--CommentsClose CommentsPermalink





(i) detailed information on specific allegations;CommentsClose CommentsPermalink





(ii) statistical compilations of how many allegations were made and of what type;CommentsClose CommentsPermalink





(iii) the geographic locations of and the populations affected by the alleged violations;CommentsClose CommentsPermalink





(iv) the status of the investigations of such allegations;CommentsClose CommentsPermalink





(v) any corrective actions taken in response to such allegations;CommentsClose CommentsPermalink





(vi) the rationale used for any corrective actions or for any refusal to pursue an allegation;CommentsClose CommentsPermalink





(vii) the effectiveness of any such corrective actions;CommentsClose CommentsPermalink





(viii) whether a Voting Integrity Task Force was established with respect to such election, and, if so, how such task force was staffed and funded;CommentsClose CommentsPermalink





(ix) any referrals of information to other Federal, State, or local agencies; andCommentsClose CommentsPermalink





(x) any criminal prosecution instituted under title 18, United States Code, in connection with such allegations.CommentsClose CommentsPermalink





(3) REPORT MADE PUBLIC- On the date that the Attorney General submits the report under paragraph (1), the Attorney General shall also make the report publicly available through the Internet and other appropriate means.CommentsClose CommentsPermalink





(d) Delegation of Duties-CommentsClose CommentsPermalink





(1) USE OF VOTING INTEGRITY TASK FORCE- The Attorney General shall delegate the responsibilities under this section with respect to a particular election to a Voting Integrity Task Force established by the Attorney General for such purpose.CommentsClose CommentsPermalink





(2) COMPOSITION- A Voting Integrity Task Force established under paragraph (1) shall be under the direction of the Assistant Attorney General for the Civil Rights Division and the Assistant Attorney General for the Criminal Division, acting jointly.CommentsClose CommentsPermalink

TITLE V--DEMOCRACY RESTORATIONCommentsClose CommentsPermalink

SEC. 501. RIGHTS OF CITIZENS.

The right of an individual who is a citizen of the United States to vote in any election for Federal office shall not be denied or abridged because that individual has been convicted of a criminal offense unless such individual is serving a felony sentence in a correctional institution or facility at the time of the election.CommentsClose CommentsPermalink

SEC. 502. ENFORCEMENT.

(a) Attorney General- The Attorney General may, in a civil action, obtain such declaratory or injunctive relief as is necessary to remedy a violation of this title.CommentsClose CommentsPermalink





(b) Private Right of Action-CommentsClose CommentsPermalink





(1) A person who is aggrieved by a violation of this title may provide written notice of the violation to the chief election official of the State involved.CommentsClose CommentsPermalink





(2) Except as provided in paragraph (3), if the violation is not corrected within 90 days after receipt of a notice under paragraph (1), or within 20 days after receipt of the notice if the violation occurred within 120 days before the date of an election for Federal office, the aggrieved person may, in a civil action, obtain declaratory or injunctive relief with respect to the violation.CommentsClose CommentsPermalink





(3) If the violation occurred within 30 days before the date of an election for Federal office, the aggrieved person need not provide notice to the chief election official of the State under paragraph (1) before bringing a civil action to obtain declaratory or injunctive relief with respect to the violation.CommentsClose CommentsPermalink

SEC. 503. NOTIFICATION OF RESTORATION OF VOTING RIGHTS.

(a) State Notification-CommentsClose CommentsPermalink





(1) NOTIFICATION- On the date determined under paragraph (2), each State shall notify in writing any individual who has been convicted of a criminal offense under the law of that State that such individual has the right to vote in an election for Federal office pursuant to this title and may register to vote in any such election.CommentsClose CommentsPermalink





(2) DATE OF NOTIFICATION-CommentsClose CommentsPermalink





(A) FELONY CONVICTION- In the case of such an individual who has been convicted of a felony, the notification required under paragraph (1) shall be given on the date on which the individual--CommentsClose CommentsPermalink





(i) is sentenced to serve only a term of probation; orCommentsClose CommentsPermalink





(ii) is released from the custody of that State (other than to the custody of another State or the Federal Government to serve a term of imprisonment for a felony conviction).CommentsClose CommentsPermalink





(B) MISDEMEANOR CONVICTION- In the case of such an individual who has been convicted of a misdemeanor, the notification required under paragraph (1) shall be given on the date on which such individual is sentenced by a State court.CommentsClose CommentsPermalink





(b) Federal Notification-CommentsClose CommentsPermalink





(1) NOTIFICATION- On the date determined under paragraph (2), the Director of the Bureau of Prisons shall notify in writing any individual who has been convicted of a criminal offense under Federal law that such individual has the right to vote in an election for Federal office pursuant to this title and may register to vote in any such election.CommentsClose CommentsPermalink





(2) DATE OF NOTIFICATION-CommentsClose CommentsPermalink





(A) FELONY CONVICTION- In the case of such an individual who has been convicted of a felony, the notification required under paragraph (1) shall be given on the date on which the individual--CommentsClose CommentsPermalink





(i) is sentenced to serve only a term of probation by a court established by an Act of Congress; orCommentsClose CommentsPermalink





(ii) is released from the custody of the Bureau of Prisons (other than to the custody of a State to serve a term of imprisonment for a felony conviction).CommentsClose CommentsPermalink





(B) MISDEMEANOR CONVICTION- In the case of such an individual who has been convicted of a misdemeanor, the notification required under paragraph (1) shall be given on the date on which such individual is sentenced by a State court.CommentsClose CommentsPermalink

SEC. 504. DEFINITIONS.

For purposes of this title:CommentsClose CommentsPermalink





(1) CORRECTIONAL INSTITUTION OR FACILITY- The term ‘correctional institution or facility’ means any prison, penitentiary, jail, or other institution or facility for the confinement of individuals convicted of criminal offenses, whether publicly or privately operated, except that such term does not include any residential community treatment center (or similar public or private facility).CommentsClose CommentsPermalink





(2) ELECTION- The term ‘election’ means--CommentsClose CommentsPermalink





(A) a general, special, primary, or runoff election;CommentsClose CommentsPermalink





(B) a convention or caucus of a political party held to nominate a candidate;CommentsClose CommentsPermalink





(C) a primary election held for the selection of delegates to a national nominating convention of a political party; orCommentsClose CommentsPermalink





(D) a primary election held for the expression of a preference for the nomination of persons for election to the office of President.CommentsClose CommentsPermalink





(3) FEDERAL OFFICE- The term ‘Federal office’ means the office of President or Vice President of the United States, or of Senator or Representative in, or Delegate or Resident Commissioner to, the Congress of the United States.CommentsClose CommentsPermalink





(4) PROBATION- The term ‘probation’ means probation, imposed by a Federal, State, or local court, with or without a condition on the individual involved concerning--CommentsClose CommentsPermalink





(A) the individual’s freedom of movement;CommentsClose CommentsPermalink





(B) the payment of damages by the individual;CommentsClose CommentsPermalink





(C) periodic reporting by the individual to an officer of the court; orCommentsClose CommentsPermalink





(D) supervision of the individual by an officer of the court.CommentsClose CommentsPermalink

SEC. 505. RELATION TO OTHER LAWS.

(a) State Laws Relating to Voting Rights- Nothing in this title shall be construed to prohibit the States from enacting any State law which affords the right to vote in any election for Federal office on terms less restrictive than those established by this title.CommentsClose CommentsPermalink





(b) Certain Federal Acts- The rights and remedies established by this title are in addition to all other rights and remedies provided by law, and neither rights and remedies established by this title shall supersede, restrict, or limit the application of the Voting Rights Act of 1965 (42 U.S.C. 1973 et seq.) or the National Voter Registration Act (42 U.S.C. 1973-gg).CommentsClose CommentsPermalink

SEC. 506. FEDERAL PRISON FUNDS.

No State, unit of local government, or other person may receive or use, to construct or otherwise improve a prison, jail, or other place of incarceration, any Federal grant amounts unless that person has in effect a program under which each individual incarcerated in that person’s jurisdiction who is a citizen of the United States is notified, upon release from such incarceration, of that individual’s rights under section 501.CommentsClose CommentsPermalink

SEC. 507. EFFECTIVE DATE.

This title shall apply to citizens of the United States voting in any election for Federal office held after the date of the enactment of this Act.CommentsClose CommentsPermalink

TITLE VI--ACCURACY, INTEGRITY, AND SECURITY OF ELECTIONSCommentsClose CommentsPermalink

SEC. 600. SHORT TITLE.

This title may be cited as the ‘Voter Confidence and Increased Accessibility Act of 2013’.CommentsClose CommentsPermalink

Subtitle A--Promoting Accuracy, Integrity, and Security Through Voter-Verified Permanent Paper BallotCommentsClose CommentsPermalink

SEC. 601. PAPER BALLOT AND MANUAL COUNTING REQUIREMENTS.

(a) In General- Section 301(a)(2) of the Help America Vote Act of 2002 (42 U.S.C. 15481(a)(2)) is amended to read as follows:CommentsClose CommentsPermalink





‘(2) PAPER BALLOT REQUIREMENT-CommentsClose CommentsPermalink





‘(A) VOTER-VERIFIED PAPER BALLOTS-CommentsClose CommentsPermalink





‘(i) PAPER BALLOT REQUIREMENT- (I) The voting system shall require the use of an individual, durable, voter-verified, paper ballot of the voter’s vote that shall be marked and made available for inspection and verification by the voter before the voter’s vote is cast and counted, and which shall be counted by hand or read by an optical character recognition device or other counting device. For purposes of this subclause, the term ‘individual, durable, voter-verified, paper ballot’ means a paper ballot marked by the voter by hand or a paper ballot marked through the use of a nontabulating ballot marking device or system, so long as the voter shall have the option to mark his or her ballot by hand.CommentsClose CommentsPermalink





‘(II) The voting system shall provide the voter with an opportunity to correct any error on the paper ballot before the permanent voter-verified paper ballot is preserved in accordance with clause (ii).CommentsClose CommentsPermalink





‘(III) The voting system shall not preserve the voter-verified paper ballots in any manner that makes it possible, at any time after the ballot has been cast, to associate a voter with the record of the voter’s vote without the voter’s consent.CommentsClose CommentsPermalink





‘(ii) PRESERVATION AS OFFICIAL RECORD- The individual, durable, voter-verified, paper ballot used in accordance with clause (i) shall constitute the official ballot and shall be preserved and used as the official ballot for purposes of any recount or audit conducted with respect to any election for Federal office in which the voting system is used.CommentsClose CommentsPermalink





‘(iii) MANUAL COUNTING REQUIREMENTS FOR RECOUNTS AND AUDITS- (I) Each paper ballot used pursuant to clause (i) shall be suitable for a manual audit, and shall be counted by hand in any recount or audit conducted with respect to any election for Federal office.CommentsClose CommentsPermalink





‘(II) In the event of any inconsistencies or irregularities between any electronic vote tallies and the vote tallies determined by counting by hand the individual, durable, voter-verified, paper ballots used pursuant to clause (i), and subject to subparagraph (B), the individual, durable, voter-verified, paper ballots shall be the true and correct record of the votes cast.CommentsClose CommentsPermalink





‘(iv) APPLICATION TO ALL BALLOTS- The requirements of this subparagraph shall apply to all ballots cast in elections for Federal office, including ballots cast by absent uniformed services voters and overseas voters under the Uniformed and Overseas Citizens Absentee Voting Act and other absentee voters.CommentsClose CommentsPermalink





‘(B) SPECIAL RULE FOR TREATMENT OF DISPUTES WHEN PAPER BALLOTS HAVE BEEN SHOWN TO BE COMPROMISED-CommentsClose CommentsPermalink





‘(i) IN GENERAL- In the event that--CommentsClose CommentsPermalink





‘(I) there is any inconsistency between any electronic vote tallies and the vote tallies determined by counting by hand the individual, durable, voter-verified, paper ballots used pursuant to subparagraph (A)(i) with respect to any election for Federal office; andCommentsClose CommentsPermalink





‘(II) it is demonstrated by clear and convincing evidence (as determined in accordance with the applicable standards in the jurisdiction involved) in any recount, audit, or contest of the result of the election that the paper ballots have been compromised (by damage or mischief or otherwise) and that a sufficient number of the ballots have been so compromised that the result of the election could be changed,CommentsClose CommentsPermalink





the determination of the appropriate remedy with respect to the election shall be made in accordance with applicable State law, except that the electronic tally shall not be used as the exclusive basis for determining the official certified result.CommentsClose CommentsPermalink





‘(ii) RULE FOR CONSIDERATION OF BALLOTS ASSOCIATED WITH EACH VOTING MACHINE- For purposes of clause (i), only the paper ballots deemed compromised, if any, shall be considered in the calculation of whether or not the result of the election could be changed due to the compromised paper ballots.’.CommentsClose CommentsPermalink





(b) Conforming Amendment Clarifying Applicability of Alternative Language Accessibility- Section 301(a)(4) of such Act (42 U.S.C. 15481(a)(4)) is amended by inserting ‘(including the paper ballots required to be used under paragraph (2))’ after ‘voting system’.CommentsClose CommentsPermalink





(c) Other Conforming Amendments- Section 301(a)(1) of such Act (42 U.S.C. 15481(a)(1)) is amended--CommentsClose CommentsPermalink





(1) in subparagraph (A)(i), by striking ‘counted’ and inserting ‘counted, in accordance with paragraphs (2) and (3)’;CommentsClose CommentsPermalink





(2) in subparagraph (A)(ii), by striking ‘counted’ and inserting ‘counted, in accordance with paragraphs (2) and (3)’;CommentsClose CommentsPermalink





(3) in subparagraph (A)(iii), by striking ‘counted’ each place it appears and inserting ‘counted, in accordance with paragraphs (2) and (3)’; andCommentsClose CommentsPermalink





(4) in subparagraph (B)(ii), by striking ‘counted’ and inserting ‘counted, in accordance with paragraphs (2) and (3)’.CommentsClose CommentsPermalink