S 168

112th CONGRESS
1st Session

S. 168

To amend the Help America Vote Act of 2002 to establish standards for the distribution of voter registration application forms and to require organizations to register with the State prior to the distribution of such forms.

IN THE SENATE OF THE UNITED STATES

January 25 (legislative day, January 5), 2011

Mr. VITTER (for himself, Mr. MCCAIN, and Mr. HATCH) introduced the following bill; which was read twice and referred to the Committee on Rules and Administration


A BILL

To amend the Help America Vote Act of 2002 to establish standards for the distribution of voter registration application forms and to require organizations to register with the State prior to the distribution of such forms.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the `Voter Fraud Prevention Act'.

SEC. 2. STANDARDS FOR DISTRIBUTION OF VOTER REGISTRATION APPLICATION FORMS AND REGISTRATION REQUIREMENTS FOR ORGANIZATIONS.

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

`SEC. 303A. STANDARDS FOR DISTRIBUTION OF VOTER REGISTRATION APPLICATION FORMS AND REGISTRATION REQUIREMENTS FOR ORGANIZATIONS.

    `(a) Standards for Distribution of Voter Registration Application Forms-

      `(1) STANDARDS DESCRIBED-

        `(A) IN GENERAL- An individual may not distribute a voter registration application form for elections for Federal office held in a State if the individual--

          `(i) has been convicted of a felony under any State or Federal law;

          `(ii) does not sign and print legibly their name on the form;

          `(iii) does not provide identifying information (including their name, address, and other appropriate contact information, including the name and address of any organization which pays them directly or indirectly to distribute such forms) to the election official to whom the form will be submitted upon completion by the applicant; and

          `(iv) does not certify, under penalty of perjury, that--

            `(I) they have not received financial compensation based on the number of voter registration application forms submitted by the individual to an election official upon completion by the applicant; and

            `(II) the information provided by the individual under this subparagraph is accurate to the best of the individual's knowledge.

        `(B) EXCEPTION FOR UNPAID DISTRIBUTIONS- Subparagraph (A) does not apply with respect to the distribution of a voter registration application form by an individual who is not compensated directly or indirectly for the distribution of the form.

      `(2) PENALTIES-

        `(A) DISTRIBUTION OF FORMS BY INDIVIDUALS NOT MEETING STANDARDS- Any individual who distributes a voter registration application form for elections for Federal office in a State in violation of paragraph (1) shall be guilty of a misdemeanor and fined in accordance with title 18, United States Code.

        `(B) EMPLOYMENT OF INELIGIBLE INDIVIDUAL TO DISTRIBUTE FORMS- Any person who employs an individual to distribute voter registration application forms for elections for Federal office in a State and who knows, or should reasonably be expected to know, that the individual does not meet the standards described in paragraph (1) shall be guilty of a misdemeanor and fined in accordance with title 18, United States Code.

      `(3) EFFECTIVE DATE- This subsection shall apply with respect to voter registration application forms distributed on or after the date that is 180 days after the date of enactment of this section.

    `(b) Registration Requirements for Organizations-

      `(1) IN GENERAL- An organization may not provide for the distribution of voter registration application forms (including any payment of an individual directly or indirectly to distribute such forms) for elections for Federal office held in a State if the organization has not registered with the State (in accordance with procedures established by the State).

      `(2) PENALTIES- Any organization which provides for the distribution of voter registration application forms for elections for Federal office in a State in violation of paragraph (1) shall be guilty of a misdemeanor and fined in accordance with title 18, United States Code.

      `(3) EFFECTIVE DATE- This subsection shall apply with respect to voter registration application forms distributed on or after the date that is 180 days after the date of enactment of this section.'.

    (b) Clerical Amendment- The table of contents of such Act is amended by inserting after the item relating to section 303 the following:

      `Sec. 303A. Standards for distribution of voter registration application forms and registration requirements for organizations.'.

END