[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 289 Introduced in House (IH)]
113th CONGRESS
1st Session
H. R. 289
To amend the National Voter Registration Act of 1993 to modernize State
voting systems by allowing for increased use of the Internet in voter
registration, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 15, 2013
Mr. Moran introduced the following bill; which was referred to the
Committee on House Administration
_______________________________________________________________________
A BILL
To amend the National Voter Registration Act of 1993 to modernize State
voting systems by allowing for increased use of the Internet in voter
registration, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Value Our Time
Elections Act'' or the ``VOTE Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--PROMOTING INTERNET REGISTRATION
Sec. 101. Requiring availability of Internet for voter registration.
Sec. 102. Use of Internet to update registration information.
TITLE II--AUTOMATED REGISTRATION OF CERTAIN INDIVIDUALS
Sec. 201. Automated voter registration.
Sec. 202. List maintenance, privacy, and security.
Sec. 203. Promoting accuracy of Statewide voter registration lists.
Sec. 204. Definitions.
TITLE III--SHORTENING VOTER WAIT TIMES AND EARLY VOTING
Sec. 301. Equitable allocation of voting systems, poll workers, and
election resources.
Sec. 302. Early voting.
Sec. 303. Conforming amendment to enforcement provision.
TITLE IV--GENERAL PROVISIONS
Sec. 401. Effective date.
TITLE I--PROMOTING INTERNET REGISTRATION
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:
``SEC. 6A. INTERNET REGISTRATION.
``(a) Requiring Availability of Internet for Online Registration.--
``(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):
``(A) Online application for voter registration.
``(B) Online assistance to applicants in applying
to register to vote.
``(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).
``(D) Online receipt of completed voter
registration applications.
``(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--
``(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); and
``(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).
``(c) Signatures in Electronic Form.--For purposes of this section,
an individual provides a signature in electronic form by--
``(1) executing a computerized mark in the signature field
on an online voter registration application; or
``(2) submitting with the application an electronic copy of
the individual's handwritten signature through electronic
means.
``(d) Confirmation and Disposition.--
``(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.
``(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.
``(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.
``(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)--
``(1) the online application does not seek to influence an
applicant's political preference or party registration; and
``(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.
``(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).
``(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.
``(h) Nondiscrimination Among Registered Voters Using Mail and
Online Registration.--In carrying out this Act, the Help America Vote
Act of 2002 (42 U.S.C. 15301 et seq.), 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.''.
(b) Special Requirements for Individuals Using Online
Registration.--
(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''.
(2) Requiring signature for first-time voters in
jurisdiction.--Section 303(b) of such Act (42 U.S.C. 15483(b))
is amended--
(A) by redesignating paragraph (5) as paragraph
(6); and
(B) by inserting after paragraph (4) the following
new paragraph:
``(5) Signature requirements for first-time voters using
online registration.--
``(A) In general.--A State shall, in a uniform and
nondiscriminatory manner, require an individual to meet
the requirements of subparagraph (B) if--
``(i) the individual registered to vote in
the State online under section 6A of the
National Voter Registration Act of 1993; and
``(ii) the individual has not previously
voted in an election for Federal office in the
State.
``(B) Requirements.--An individual meets the
requirements of this subparagraph if--
``(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; or
``(ii) in the case of an individual who
votes by mail, the individual submits with the
ballot a handwritten signature.
``(C) Inapplicability.--Subparagraph (A) does not
apply in the case of an individual who is--
``(i) entitled to vote by absentee ballot
under the Uniformed and Overseas Citizens
Absentee Voting Act (42 U.S.C. 1973ff-1 et
seq.);
``(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)); or
``(iii) entitled to vote otherwise than in
person under any other Federal law.''.
(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''.
(c) Conforming Amendments.--
(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--
(A) by striking ``and'' at the end of subparagraph
(C);
(B) by redesignating subparagraph (D) as
subparagraph (E); and
(C) by inserting after subparagraph (C) the
following new subparagraph:
``(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''.
(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''.
SEC. 102. USE OF INTERNET TO UPDATE REGISTRATION INFORMATION.
(a) In General.--
(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:
``(6) Use of internet by registered voters to update
information.--
``(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.
``(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--
``(i) revise any information on the
computerized list to reflect the update made by
the voter; and
``(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.
``(C) Confirmation and disposition.--
``(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.
``(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.
``(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.''.
(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)''.
(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--
(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 (42 U.S.C. 15483(a)(6))''; and
(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,''.
TITLE II--AUTOMATED REGISTRATION OF CERTAIN INDIVIDUALS
SEC. 201. AUTOMATED VOTER REGISTRATION.
(a) Collection of Information by Source Agencies.--
(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--
(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;
(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;
(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;
(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; and
(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.
(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.
(b) Transfer of Information on Individuals Consenting to Voter
Registration.--
(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:
(A) The given name or names and surname or
surnames.
(B) Date of birth.
(C) Residential address.
(D) Mailing address.
(E) Signature, in electronic form.
(F) Date of the last change to the information.
(G) The motor vehicle driver's license number.
(H) The last four digits of the Social Security
number.
(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.
(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 (42 U.S.C. 15483).
(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).
(c) Registration of Individuals by Chief State Election Official.--
(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).
(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--
(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;
(B) update the Statewide computerized voter
registration list to include the individual; and
(C) notify the individual that the individual is
registered to vote in elections for Federal office in
the State.
(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).
(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 section 101, or other valid means.
(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.
(d) Options for State To Require Special Treatment of Individuals
Registered Automatically.--
(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 102 of the Voting Line Reduction and Online
Registration Act''.
(2) Requiring signature.--Section 303(b) of such Act (42
U.S.C. 15483(b)), as amended by section 101(b)(2), is amended--
(A) by redesignating paragraph (6) as paragraph
(7); and
(B) by inserting after paragraph (5) the following
new paragraph:
``(6) Option for state to require signature requirements
for first-time voters registered automatically.--
``(A) In general.--A State may, in a uniform and
nondiscriminatory manner, require an individual to meet
the requirements of subparagraph (B) if--
``(i) the individual was registered to vote
in the State automatically under section 101 of
the Voting Line Reduction and Online
Registration Act; and
``(ii) the individual has not previously
voted in an election for Federal office in the
State.
``(B) Requirements.--An individual meets the
requirements of this subparagraph if--
``(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; or
``(ii) in the case of an individual who
votes by mail, the individual submits with the
ballot a handwritten signature.
``(C) Inapplicability.--Subparagraph (A) does not
apply in the case of an individual who is--
``(i) entitled to vote by absentee ballot
under the Uniformed and Overseas Citizens
Absentee Voting Act (42 U.S.C. 1973ff-1 et
seq.);
``(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)); or
``(iii) entitled to vote otherwise than in
person under any other Federal law.''.
(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)''.
(e) Source Agencies Described.--
(1) In general.--With respect to any State, a ``source
agency'' is--
(A) each State office which is described in
paragraph (2); and
(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.
(2) State offices described.--
(A) In general.--The State offices described in
this paragraph are as follows:
(i) The State motor vehicle authority.
(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)).
(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.).
(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)).
(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.
(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.
(vii) Such other office which may be
designated as a source agency by the chief
State election official of the State.
(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:
(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.
(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.
(iii) The cost-effectiveness of obtaining
such identifying information and transmitting
the information to the chief State election
official.
(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 (42 U.S.C. 15301 et seq.).
(3) Federal offices described.--The Federal offices
described in this paragraph are as follows:
(A) Armed Forces recruitment offices.
(B) The United States Immigration and Customs
Enforcement Bureau, but only with respect to
individuals who complete the naturalization process.
(C) The Social Security Administration.
(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.
(E) The Department of Veterans Affairs, but only
with respect to individuals applying for or using
health care services or services for homeless
individuals.
(F) The Defense Manpower Data Center of the
Department of Defense.
(G) The Indian Health Services of the Department of
Health and Human Services.
(H) The Center for Medicare and Medicaid Services
of the Department of Health and Human Services.
(I) Any other Federal office which is designated by
a State (with the consent of the President) as a source
agency with respect to the State.
SEC. 202. LIST MAINTENANCE, PRIVACY, AND SECURITY.
(a) Database Management Standards.--
(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 (42 U.S.C. 15483), the data provided by various
source agencies under section 201, and relevant data from other
sources, including the specific data elements and data matching
rules to be used for purposes of determining--
(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;
(B) whether a data record from any source agency
represents an individual already registered to vote in
the State;
(C) whether two data records in the statewide
computerized voter registration list represent
duplicate records for the same individual;
(D) whether a data record supplied by any list
maintenance source represents an individual already
registered to vote in the State; and
(E) which information will be treated as more
current and reliable when data records from multiple
sources present information for the same individual.
(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.
(b) Privacy and Security Standards.--
(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 201, the online or telephone interface,
the maintenance of the voter registration database, and audit
procedure to track individual access to the system.
(2) No unauthorized access.--The chief State 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
201, or any maintenance source for the list. Nothing in this
paragraph shall be construed to prohibit access to information
required for purposes of voter registration, election
administration, and the enforcement of election laws.
(3) Inter-agency transfers.--
(A) In general.--The chief State 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 title. 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 201 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 201.
(B) Transmission through secure third parties
permitted.--Nothing in this section shall be construed
to prevent a source agency under section 201 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 title,
including the privacy and security provisions of this
section.
(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 title,
including for the purpose of determining the eligibility of
persons casting provisional ballots under section 302 of the
Help America Vote Act of 2002 (42 U.S.C. 15482). Records for
individuals who have been retained on the computerized
statewide voter registration list under section 301 of such Act
(42 U.S.C. 15481) 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.
(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.
(d) Protection of Source Information.--The identity of the specific
source agency through which an individual consented to register to vote
under section 201 shall not be disclosed to the public and shall not be
retained after the individual is added to the computerized statewide
voter registration list.
(e) Confidentiality of Personal 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,
with respect to an individual any of the following:
(1) Any portion of a Social Security number.
(2) Any portion of a vehicle driver's license number or
State identification card number.
(3) A signature.
(4) A personal residence and contact information (in the
case of an individuals with respect to whom such information is
required to be maintained as confidential under State law).
(5) Sensitive information relating to any individual in a
category designated as confidential by Federal or State law,
including a victim of domestic violence or stalking, a
prosecutor and member of law enforcement personnel, and a
participant in a witness protection program.
(6) A phone number.
(7) An email address.
(8) Citizenship status.
(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.
(f) Protections Against Liability of Individuals on Basis of
Information Transferred.--
(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 201, 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.
(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 201 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.
(g) Prohibition on Transfer of Information Irrelevant to
Administration of Elections.--No source agency shall transmit any
information under section 201 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.
(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 (42 U.S.C.
15483) or an individual's declination to supply information for voter
registration purposes to a source agency under section 201 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.
(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 201, 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.
(j) Prohibition on the Use of Voter Registration Information for
Commercial or Non-Governmental Purposes.--Voter registration
information collected under this title shall not be used for commercial
purposes including for comparison with any existing commercial list or
database.
(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.
(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 201, 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 (42 U.S.C. 15483) and is not provided
to any third party (except to the extent required under another Federal
or State 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.
SEC. 203. PROMOTING ACCURACY OF STATEWIDE VOTER REGISTRATION LISTS.
(a) Deadlines for Transmittal of Change of Address or Other
Identifying Information.--
(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:
``(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--
``(1) the records of the authority include information
indicating that the individual is not eligible to register to
vote in the State; or
``(2) the individual states on the form or otherwise
indicates that the change of address or other information is
not for voter registration purposes.''.
(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:
``(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--
``(1) the records of the agency include information
indicating that the individual is not eligible to register to
vote in the State; or
``(2) the individual states on the form or otherwise
indicates that the change of address or other information is
not for voter registration purposes.''.
(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 201 has been changed,
the appropriate official of such agency shall transmit such
form or other information to the chief State election official,
unless--
(A) the records of the agency include information
indicating that the individual is not eligible to
register to vote in the State; or
(B) the individual states on the form or otherwise
indicates that the change of address or other
information is not for voter registration purposes.
(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:
``(7) Revision of list to reflect information received from
other state offices.--
``(A) In general.--If a State motor vehicle
authority (pursuant to section 5(d) of the National
Voter Registration Act of 1993 (42 U.S.C. 1973gg-3(d)))
a voter registration agency (designated under section 7
of such Act (42 U.S.C. 1973gg-5)), or a source agency
(designated under section 201 of the Voting Line
Reduction and Online Registration Act) 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--
``(i) determine whether the individual
appears on the computerized list established
under this section; and
``(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.
``(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:
``(i) The voter's name, date of birth, and
address, as reflected in the revised
information on the computerized list.
``(ii) A statement that the voter's voter
registration information has been updated.
``(iii) Information on how to correct
information on the computerized list.
``(iv) A statement of the eligibility
requirements for registered voters in the
State.
``(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.
``(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).
``(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.''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to elections occurring during 2014 or any succeeding
year.
SEC. 204. DEFINITIONS.
(a) Chief State Election Official.--In this title, the term ``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.
(b) State.--In this title, the term ``State'' includes the District
of Columbia, the Commonwealth of Puerto Rico, the United States Virgin
Islands, Guam, and American Samoa, 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.
TITLE III--SHORTENING VOTER WAIT TIMES AND EARLY VOTING
SEC. 301. EQUITABLE ALLOCATION OF VOTING SYSTEMS, POLL WORKERS, AND
ELECTION RESOURCES.
(a) In General.--Title III of the Help America Vote Act of 2002 (42
U.S.C. 15481 et seq.) is amended by adding at the end the following new
subtitle:
``Subtitle C--Additional Requirements
``SEC. 321. MINIMUM REQUIRED VOTING SYSTEMS AND POLL WORKERS.
``(a) In General.--Each State shall provide for the minimum
required number of voting systems, poll workers, and other election
resources (including all other physical resources) for each voting site
on the day of any Federal election and on any days during which such
State allows early voting for a Federal election in accordance with the
standards determined under subsection (c).
``(b) Voting Site.--For purposes of this section, the term `voting
site' means a polling location, except that in the case of any polling
location which serves more than 1 precinct, such term shall mean a
precinct.
``(c) Guidance and Standards.--
``(1) In general.--Not later than January 1, 2014, the
Commission shall conduct a study and then issue standards that
establish a minimum number of voting systems, poll workers, and
other election resources (including all other physical
resources) for each voting site on the day of any Federal
election and on any days during which early voting is allowed
for a Federal election.
``(2) Distribution.--
``(A) In general.--The standards described in
paragraph (1) shall provide for a uniform and
nondiscriminatory distribution of such systems,
workers, and other resources, and, to the extent
possible, shall take into account, among other factors,
the following:
``(i) The voting age population.
``(ii) Voter turnout in past elections.
``(iii) The number of voters registered.
``(iv) The number of voters who have
registered since the most recent Federal
election.
``(v) Census data for the population served
by such voting site.
``(vi) The educational levels and socio-
economic factors of the population served by
such voting site.
``(vii) The needs and numbers of voters
with disabilities and voters with limited
English proficiency.
``(viii) The type of voting systems used.
``(B) No factor dispositive.--The standards shall
provide that the distribution of such systems should
take into account the totality of all relevant factors,
and no single factor shall be dispositive under the
standards.
``(C) Purpose.--To the extent possible, the
standards shall provide for a distribution of voting
systems, poll workers, and other election resources
with the goals of--
``(i) ensuring a fair and equitable waiting
time for all voters in the State; and
``(ii) preventing a waiting time of over 1
hour at any voting site.
``(3) Deviation.--The standards described in paragraph (1)
shall permit States, upon giving reasonable public notice, to
deviate from any allocation requirements in the case of
unforeseen circumstances such as a natural disaster or
terrorist attack.
``SEC. 322. ALLOCATION OF ELECTION RESOURCES.
``(a) State Plans To Prevent Unreasonable Voter Waiting Times.--
``(1) In general.--Not later than 60 days before each
election for Federal office, each State shall submit a written
plan to the Commission describing the measures it is
implementing to ensure, to the greatest extent possible, an
equitable waiting time for all voters in the State, and a
waiting time of less than 1 hour at any polling place in the
election.
``(2) Publication.--Not later than 30 days after receiving
a State plan under paragraph (1), the Commission shall make the
plan available to the public.
``(b) Remedial Plans for States With Excessive Voter Wait Times.--
``(1) Compliance with state remedial plans.--
``(A) Remedial plans.--Each jurisdiction for which
the Commission determines that a substantial number of
voters waited more than 90 minutes to cast a vote in an
election for Federal office, or in which there were
substantial violations of the standards established
under section 321(c) with respect to an election for
Federal office, shall comply with a State remedial plan
established by the Commission to provide for the
effective allocation of resources to administer
elections held in the State and to reduce the waiting
time of voters.
``(B) Coordination with attorney general and
states.--Each remedial plan established by the
Commission shall provide for coordination between the
Commission, the Attorney General, and the State
involved to monitor the compliance of the State with
the remedial plan during the period leading up to the
election and on the date of the election and to respond
to serious delays in the ability of voters to cast
their ballots at polling places.
``(2) Jurisdiction defined.--For purposes of this
paragraph, the term `jurisdiction' has the meaning given the
term `registrar's jurisdiction' in section 8(j) of the National
Voter Registration Act of 1993 (42 U.S.C. 1973gg-6(j)).
``(c) Emergency Ballots.--
``(1) In general.--In the event of a failure of voting
equipment or other circumstance at a polling place that causes
an unreasonable delay, any individual who is waiting at the
polling place to cast a ballot in an election for Federal
office at the time of the failure shall be advised immediately
of the individuals right to use an emergency paper ballot, and
upon request shall be provided with an emergency paper ballot
for the election and the supplies necessary to mark the ballot.
``(2) Disposition of ballot.--Any emergency paper ballot
which is cast by an individual under this subsection shall be
counted in the same manner as a regular ballot, unless the
individual casting the ballot would have otherwise been
required to cast a provisional ballot in the absence of the
delay, in which case that ballot shall be treated in the same
manner as a provisional ballot.''.
(b) Clerical Amendments.--The table of contents of such Act is
amended by adding at the end of the items relating to title III the
following:
``Subtitle C--Additional Requirements
``Sec. 321. Minimum required voting systems and poll workers.
``Sec. 322. Allocation of election resources.''.
SEC. 302. EARLY VOTING.
(a) Requirements.--Subtitle C of title III of the Help America Vote
Act of 2002, as added by section 301, is amended by adding at the end
the following new section:
``SEC. 323. EARLY VOTING.
``(a) In General.--During the 7-day period (or, at the option of
the State, a longer period) which ends on the date of an election for
Federal office, each State shall allow individuals to vote in the
election in the same manner as voting is allowed on the date of such
election.
``(b) Minimum Early Voting Requirements.--Each polling place which
allows voting prior to the day of a Federal election pursuant to
subsection (a) shall--
``(1) allow such voting for no less than 4 hours on each
day (other than Sunday); and
``(2) have minimum uniform hours each day for which such
voting occurs.
``(c) Standards for Early Voting.--
``(1) Standards.--
``(A) In general.--The Commission shall issue
standards for the administration of voting prior to the
day scheduled for a Federal election.
``(B) Standards for polling places.--Such standards
shall include the nondiscriminatory geographic
placement of polling places at which such voting occurs
and the public listing of the date, time, and location
of polling places no earlier than 10 days before the
date on which such voting begins.
``(C) Consultation.--Such standards shall be
developed in consultation with civil rights, voting
rights, and voting protection organizations, State and
local election officials, and other interested members
of the community.
``(2) Deviation.--The standards described in paragraph (1)
shall permit States, upon giving reasonable public notice, to
deviate from any requirement in the case of unforeseen
circumstances such as a natural disaster or a terrorist
attack.''.
(b) Clerical Amendment.--The table of contents of such Act, as
amended by section 301, is amended by adding at the end of the items
relating to subtitle C of title III the following:
``Sec. 323. Early voting.''.
SEC. 303. CONFORMING AMENDMENT TO ENFORCEMENT PROVISION.
Section 401 of the Help America Vote Act of 2002 (42 U.S.C. 15511)
is amended by striking ``sections 301, 302, and 303'' and inserting
``subtitles A and C of title III''.
TITLE IV--GENERAL PROVISIONS
SEC. 401. EFFECTIVE DATE.
(a) In General.--Except as provided in subsection (b) and section
203(c), the amendments made by this Act shall take effect on January 1,
2014.
(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''.
<all>