To amend the Help America Vote Act of 2002 to protect the right of Americans to vote through the prevention of voter fraud, and for other purposes.

February 17, 2005

Mr. MCCONNELL (for himself and Mr. BOND) introduced the following bill; which was read twice and referred to the Committee on Rules and Administration

To amend the Help America Vote Act of 2002 to protect the right of Americans to vote through the prevention of voter fraud, 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 `Voter Protection Act of 2005'.

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

Sec. 1. Short title; table of contents.

Sec. 2. Findings.

TITLE I--VOTER REGISTRATION AND MAINTENANCE OF OFFICIAL LISTS OF REGISTERED VOTERS

Sec. 101. Requirements for voters who register other than in person with an officer or employee of a State or local government entity.

Sec. 102. Removal of registrants from voting rolls for failure to vote.

Sec. 103. Use of social security numbers for voter registration and election administration.

Sec. 104. Synchronization of State databases.

Sec. 105. Incomplete registration forms.

Sec. 106. Requirements for submission of registration forms by third parties.

TITLE II--VOTING

Sec. 201. Voter rolls.

Sec. 202. Return of absentee ballots.

Sec. 203. Identification requirement.

Sec. 204. Clarification of counting of provisional ballots.

Sec. 205. Applications for absentee ballots.

Sec. 206. Pilot program for use of indelible ink at polling places.

TITLE III--CRIMINAL PENALTIES

Sec. 301. Penalty for making expenditures to persons to register.

Sec. 302. Penalty for conspiracy to influence voting.

Sec. 303. Penalty for destruction of property with intent to impede the act of voting.

SEC. 2. FINDINGS.

Congress makes the following findings:

(1) There is a need for Congress to encourage and enable every eligible and registered American to vote.

(2) There is a need for Congress to protect the franchise of all Americans by rooting out the potential for fraud in the electoral system.

(3) There is a need for Congress to provide States the tools necessary to protect against fraud in multiple, fictitious, and ineligible voter registrations.

(4) There is a need for Congress to ensure completed and valid voter registration forms are returned for processing so as to not disenfranchise voters who believe they have been properly registered.

(5) There is a need for Congress to provide States the tools necessary to protect against any American casting more than one ballot and ensuring poll workers are equipped to identify those who voted prior to election day.

(6) There is a need for Congress to ensure the accuracy, integrity, and fairness of every American election.

(7) There is a need for Congress to ensure the protection of every American's franchise is carried out in a uniform and nondiscriminatory manner.

TITLE I--VOTER REGISTRATION AND MAINTENANCE OF OFFICIAL LISTS OF REGISTERED VOTERS

SEC. 101. REQUIREMENTS FOR VOTERS WHO REGISTER OTHER THAN IN PERSON WITH AN OFFICER OR EMPLOYEE OF A STATE OR LOCAL GOVERNMENT ENTITY.

(a) In General-

(1) APPLICATION OF REQUIREMENTS TO VOTERS REGISTERING OTHER THAN IN PERSON- Subparagraph (A) of section 303(b)(1) of the Help America Vote Act of 2002 (42 U.S.C. 15483(b)(1)(A)) is amended to read as follows:

`(A) the individual registered to vote in a jurisdiction in a manner other than appearing in person before an officer or employee of a State or local government entity; and'.

(2) MEANING OF IN PERSON- Paragraph (1) of section 303(b) of such Act is amended by inserting at the end the following:

`For purposes of subparagraph (A), an individual shall not be considered to have registered in person if the registration is submitted to an officer or employee of a State or local government entity by a person other than the person whose name appears on the voter registration form.'.

(3) CONFORMING AMENDMENTS-

(A) The heading for subsection (b) of section 303 of such Act is amended by striking `who register by mail' and inserting `who do not register in person'.

(B) The heading for section 303 of such Act is amended by striking `requirements for voters who register by mail' and inserting `voter registration requirements'.

(b) Effective Date-

(1) IN GENERAL- The amendments made by this section shall apply on and after January 1, 2006.

(2) CONFORMING AMENDMENTS-

(A) Paragraph (2) of section 303(d) of the Help America Vote Act of 2002 (42 U.S.C. 15483(d)(2)) is amended by inserting at the end the following new subparagraph:

`(C) APPLICABILITY WITH RESPECT TO INDIVIDUALS WHO REGISTER OTHER THAN IN PERSON- Notwithstanding subparagraphs (A) and (B)--

`(i) each State and jurisdiction shall be required to comply with the provisions of subsection (b) with respect to individuals who register to vote in a jurisdiction in a manner other than appearing in person before an officer or employee of a State or local government entity on and after January 1, 2006; and

`(ii) the provisions of subsection (b) shall apply to any individual who registers to vote in a jurisdiction in a manner other than appearing in person before an officer or employee of a State or local government on and after January 1, 2006.'.

(B) The heading for paragraph (2) of section 303(d) of such Act is amended by striking `WHO REGISTER BY MAIL'.

(C) Subparagraph (A) of section 303(d)(2) of such Act is amended by inserting `with respect to individuals who register by mail' after `subsection (b)'.

(D) Subparagraph (B) of section 303(d)(2) of such Act is amended by inserting `by mail' after `registers to vote'.

SEC. 102. REMOVAL OF REGISTRANTS FROM VOTING ROLLS FOR FAILURE TO VOTE.

(a) In General- Section 8 of the National Voter Registration Act of 1994 (42 U.S.C. 1973gg-6) is amended by redesignating subsections (h), (i), and (j) as subsections (i), (j), and (k), respectively, and by inserting after subsection (g) the following new subsection:

`(h) Failure to Vote- Except as otherwise provided in subsection (d), a State shall not remove the name of a registrant from the official list of eligible voters in elections for Federal office on the ground that the registrant has failed to vote unless--

`(1) the registrant has not voted or appeared to vote in 2 consecutive general elections for Federal office; and

`(2)(A) the registrant has not notified the applicable registrar (in person or in writing) during the period described in subparagraph (A) that the individual intends to remain registered in the registrar's jurisdiction; and

`(B) the applicable registrar has sent a notice which meets the requirements of paragraph (d)(2) and the notice is undeliverable.'.

(b) Conforming Amendments-

(1) Section 8(a)(4) of the National Voter Registration Act of 1993 (42 U.S.C. 1973gg-6(a)(4)) is amended by striking `or' at the end of subparagraph (A), by inserting `or' at the end of subparagraph (B), and by adding at the end the following new subparagraph:

`(C) a failure to vote in 2 consecutive general elections for Federal office, in accordance with subsection (h) of this section;'.

(2) Section 8(b) of the National Voter Registration Act of 1993 (42 U.S.C. 1973gg-6(b)) is amended by striking `roll for elections for Federal office' and all that follows and inserting the following `roll for elections for Federal office shall be uniform, nondiscriminatory, and in compliance with the Voting Rights Act of 1965 (42 U.S.C. 1973 et seq.).'.

SEC. 103. USE OF SOCIAL SECURITY NUMBERS FOR VOTER REGISTRATION AND ELECTION ADMINISTRATION.

(a) In General- Section 205(c)(2) of the Social Security Act (42 U.S.C. 405(c)(2)) is amended by adding at the end the following new subparagraph:

`(I)(i) It is the policy of the United States that any State (or political subdivision thereof) may, in the administration of any voter registration or other election law, use the social security account numbers issued by the Commissioner of Social Security for the purpose of establishing the identification of individuals affected by such law, and may require any individual who is, or appears to be, so affected to furnish to such State (or political subdivision thereof) or any agency thereof having administrative responsibility for the law involved, the social security account number (or numbers, if such individual has more than one such number) issued to such individual by the Commissioner of Social Security.

`(ii) For purposes of clause (i), an agency of a State (or political subdivision thereof) charged with the administration of any voter registration or other election law that did not use the social security account number for identification under a law or regulation adopted before January 1, 2005, may require an individual to disclose his or her social security number to such agency solely for the purpose of administering the laws referred to in such clause.

`(iii) If, and to the extent that, any provision of Federal law enacted before the date of enactment of the Voter Protection Act of 2005 is inconsistent with the policy set forth in clause (i), such provision shall, on and after the date of the enactment of such Act, be null, void, and of no effect.'.

(b) Construction- Nothing in this section or the amendment made by this section may be construed to supersede any privacy guarantee under any Federal or State law that applies with respect to a social security number.

SEC. 104. SYNCHRONIZATION OF STATE DATABASES.

(a) In General- Subparagraph (A) of section 303(a)(1) of the Help America Vote Act of 2002 (42 U.S.C. 15483(a)(1)(A)) is amended by adding at the end the following:

`(ix) The computerized list shall be in a format which allows for sharing and synchronization with other State computerized lists.'.

(b) Effective Date-

(1) IN GENERAL- Paragraph (1) of section 303(d) of the Help America Vote Act of 2002 (42 U.S.C. 15483(d)(1)) is amended by adding at the end the following:

`(C) SYNCHRONIZATION OF DATABASES- Each State and jurisdiction shall be required to comply with the requirements of subsection (a)(1)(A)(ix) on and after January 1, 2007.'.

(2) CONFORMING AMENDMENT- Subparagraph (A) of section 303(d)(1) of the Help America Vote Act of 2002 (42 U.S.C. 15483(d)(1)(A)) is amended by striking `subparagraph (B)' and inserting `subparagraphs (B) and (C)'.

SEC. 105. INCOMPLETE REGISTRATION FORMS.

(a) In General- Subparagraph (B) of section 303(b)(4) of the Help America Vote Act of 2002 (42 U.S.C. 15483(b)(4)(B)) is amended to read as follows:

`(B) INCOMPLETE FORMS- If an applicant for voter registration fails to answer the question included on the mail voter registration form pursuant to subparagraph (A)(i), the registrar shall return the incomplete voter registration form to the applicant and provide the applicant with an opportunity to complete the registration form.'.

(b) Effective Date- The amendment made by this section shall apply to any individual who registers to vote on or after January 1, 2006.

SEC. 106. REQUIREMENTS FOR SUBMISSION OF REGISTRATION FORMS BY THIRD PARTIES.

(a) In General- Section 303 of the Help America Vote Act of 2002 (42 U.S.C. 15483(b)), as amended by this Act, is amended by redesignating subsection (d) as subsection (e) and by inserting after subsection (c) the following new subsection:

`(d) Requirements for Submission or Registration Forms by Third Parties- Notwithstanding section 8(a) of the National Voter Registration Act of 1993 (42 U.S.C. 1973gg-6(a)), no State shall register any person to vote in an election for Federal office if the registration form is submitted--

`(1) by a person other than the person whose name appears on such form; and

`(2) more than 3 days after the date on which such form was signed by the registrant.'.

(b) Conforming Amendment- Section 906(a) of the Help America Vote Act of 2002 (42 U.S.C. 15545(a)) is amended by striking `section 303(b)' and inserting `subsections (b) and (d) of section 303'.

(c) Effective Date- Subsection (e) of section 303 of the Help America Vote Act of 2002 (42 U.S.C. 15483(d)), as redesignated by subsection (a), is amended by adding at the end the following new paragraph:

`(3) REQUIREMENT FOR SUBMISSION OF REGISTRATION FORMS BY THIRD PARTIES- Each State shall be required to comply with the requirements of subsection (d) on and after January 1, 2006.'.

TITLE II--VOTING

SEC. 201. VOTER ROLLS.

(a) In General- Title III of the Help America Vote Act of 2002 (42 U.S.C. 15481 et seq.) is amended by redesignating sections 304 and 305 as sections 305 and 306, respectively, and by inserting after section 303 the following new section:

`SEC. 304. VOTER ROLLS.

`(a) In General- If a State allows early voting or absentee voting for a Federal office, then such State shall be required to ensure that the voter rolls at each polling location on the day of the election accurately and affirmatively indicate--

`(1) which individuals have voted prior to such day; and

`(2) which individuals have requested an absentee ballot for such election.

`(b) Rule for Persons Not Voting in Person- For purposes of subsection (a)(1), a State shall affirmatively indicate that an individual who has not voted in person has voted if the State has received a ballot from such individual prior to the day of the election.

`(c) Effective Date- Each State and jurisdiction shall be required to comply with the requirements of this section on and after January 1, 2006.'.

(b) Conforming Amendment- Section 401 of the Help America Vote Act of 2002 (42 U.S.C. 15511) is amended by striking `and 303' and inserting `303, and 304'.

SEC. 202. RETURN OF ABSENTEE BALLOTS.

(a) In General- Title III of the Help America Vote Act of 2002 (42 U.S.C. 15481 et seq.), as amended by this Act, is amended by redesignating sections 305 and 306 as sections 306 and 307, respectively, and by inserting after section 304 the following new section.

`SEC. 305. RETURN OF ABSENTEE BALLOTS.

`(a) In General- Except as provided in the Uniformed and Overseas Citizens Absentee Voting Act, each absentee ballot cast for a Federal office must be received by the State by the close of business on the day of the election in order to be counted as a valid ballot.

`(b) Effective Date- Each State and jurisdiction shall be required to comply with the requirements of subsection (a) on and after January 1, 2006.'.

(b) Conforming Amendment- Section 401 of the Help America Vote Act of 2002 (42 U.S.C. 15511), as amended by this Act, is amended by striking `and 304' and inserting `304, and 305'.

SEC. 203. IDENTIFICATION REQUIREMENT.

(a) Requirement for Voters Who Register by Mail and Other Than in Person-

(1) IN GENERAL- Subparagraph (A) of section 303(b)(2) of the Help America Vote Act of 2002 (42 U.S.C. 15483(b)(2)(A)) is amended--

(A) in clause (i)--

(i) by inserting `issued by a government entity' after `identification' in subclause (I); and

(ii) by striking `current utility bill, bank statement, government check, paycheck, or other' in subclause (II) and inserting `recent'; and

(B) in clause (ii) --

(i) by inserting `issued by a government entity' after `identification' in subclause (I); and

(ii) by striking `current utility bill, bank statement, government check, paycheck, or other' in subclause (II) and inserting `recent'.

(2) INAPPLICABILITY- Paragraph (3) of section 303(b) of the Help America Vote Act of 2002 (42 U.S.C. 15483(b)(3)) is amended--

(A) in subparagraph (A)--

(i) by striking `part of such' and inserting `a requirement for a valid';

(ii) by inserting `issued by a government entity' after `identification' in clause (i); and

(iii) by striking `current utility bill, bank statement, government check, paycheck, or other' in clause (ii) and inserting `recent'; and

(B) in subparagraph (B)(i), by striking `with such' and inserting `as a requirement for a valid'.

(3) EFFECTIVE DATE- The amendments made by this subsection shall apply to individuals who register to vote on and after January 1, 2006, and each State and jurisdiction shall be required to comply with the requirements of section 303(b) of the Help America Vote Act of 2002, as amended by this section, on and after January 1, 2006.

(b) New Requirement for Individuals Voting in Person-

(1) IN GENERAL- Title III of the Help America Vote Act of 2002 (42 U.S.C. 15481 et seq.), as amended by this Act, is amended by redesignating sections 306 and 307 as sections 307 and 308, respectively, and by inserting after section 305 the following new section:

`SEC. 306. IDENTIFICATION OF VOTERS AT THE POLLS.

`(a) In General- Notwithstanding the requirements of section 303(b), each State shall require individuals casting ballots in an election for Federal office in person to present a current valid photo identification issued by a governmental entity before voting.

`(b) Effective Date- Each State shall be required to comply with the requirements of subsection (a) on and after January 1, 2006.'.

(2) CONFORMING AMENDMENT- Section 401 of the Help America Vote Act of 2002 (42 U.S.C. 15511), as amended by this Act, is amended by striking `and 305' and inserting `305, and 306'.

(c) Funding for Free Photo Identifications- Subtitle D of title II of the Help America Vote Act of 2002 (42 U.S.C. 15401 et seq.) is amended by adding at the end the following:

`PART 7--PHOTO IDENTIFICATION

`SEC. 297. PAYMENTS FOR FREE PHOTO IDENTIFICATION.

`(a) In General- In addition to any other payments made under this subtitle, the Election Assistance Commission shall make payments to States to promote the issuance to registered voters of free photo identifications for purposes of meeting the identification requirements of sections 303(b)(2) and 306.

`(b) Eligibility- A State is eligible to receive a grant under this part if it submits to the Commission (at such time and in such form as the Commission may require) an application containing--

`(1) a statement that the State intends to comply with the requirements of section 303(b) and section 306; and

`(2) a description of how the State intends to use the payment under this part to provide registered voters with free photo identifications to meet the requirements of such sections.

`(c) Use of Funds- A State receiving a payment under this part shall use the payment only to provide free photo identification cards to registered voters who do not have an identification card that meets the requirements of sections 303(b) and 306.

`(d) Allocation of Funds-

`(1) IN GENERAL- The amount of the grant made to a State under this part for a year shall be equal to the product of--

`(A) the total amount appropriated for payments under this part for the year under section 298; and

`(B) an amount equal to--

`(i) the voting age population of the State (as reported in the most recent decennial census); divided by

`(ii) the total voting age of all eligible States which submit an application for payments under this part (as reported in the most recent decennial census).

`SEC. 298. AUTHORIZATION OF APPROPRIATIONS.

`(a) In General- In addition to any other amounts authorized to be appropriated under this subtitle, there are authorized to be appropriated $25,000,000 for fiscal year 2006 and such sums as are necessary for each subsequent fiscal year for the purpose of making payments under section 297.

`(b) Availability- Any amounts appropriated pursuant to the authority of this section shall remain available until expended.'.

SEC. 204. CLARIFICATION OF COUNTING OF PROVISIONAL BALLOTS.

(a) In General- Paragraph (4) of section 302(a) of the Help America Vote Act of 2002 (42 U.S.C. 15482(a)(4)) is amended by adding at the end the following new sentence: `For purposes of this paragraph, the determination of whether an individual is eligible under State law to vote shall take into account any provision of State law with respect to the polling site at which the individual is required to vote.'.

(b) Conforming Amendment-

(1) Paragraph (1) of section 302(a) of the Help America Vote Act of 2002 (42 U.S.C. 15482(a)(1)) is amended to read as follows:

`(1) An election official at the polling place shall--

`(A) notify the individual that the individual may cast a provisional ballot in that election; and

`(B) in the case of an individual who the election official asserts is not eligible to vote under State law because the individual is at an incorrect polling site, direct the individual to the appropriate polling site.'.

(2) Paragraph (2) of section 302(a) of the Help America Vote Act of 2002 (42 U.S.C. 15482(a)(2)) is amended by striking `The individual' and inserting `Notwithstanding the requirement of paragraph (1)(B), the individual'.

SEC. 205. APPLICATIONS FOR ABSENTEE BALLOTS.

(a) In General- Title III of the Help America Vote Act of 2002 (42 U.S.C. 15481 et seq.), as amended by this Act, is amended by redesignating sections 307 and 308 as sections 308 and 309, respectively, and by inserting after section 306 the following new section:

`SEC. 307. APPLICATIONS FOR ABSENTEE BALLOTS.

`(a) In General- An application for an absentee ballot for an election for Federal office may not be accepted and processed by a State unless the application includes--

`(1) in the case of an applicant who has been issued a current and valid driver's license, the applicant's driver's license number; or

`(2) in the case of any other applicant--

`(A) a photo copy of a current and valid photo identification issued by a government entity;

`(B) at least the last 4 digits of the applicant's social security number; or

`(C) the number assigned to such individual under section 303(a)(5)(A)(ii).

`(b) Effective Date- Each State shall be required to comply with the requirements of subsection (a) on and after January 1, 2006.'.

(b) Conforming Amendment- Section 401 of the Help America Vote Act of 2002 (42 U.S.C. 15511), as amended by this Act, is amended by striking `and 306' and inserting `306, and 307'.

SEC. 206. PILOT PROGRAM FOR USE OF INDELIBLE INK AT POLLING PLACES.

Subtitle D of title II of the Help America Vote Act of 2002 (42 U.S.C. 15401 et seq.), as amended by this Act, is amended by adding at the end the following:

`PART 8--PILOT PROGRAM FOR USE OF INDELIBLE INK AT POLLING PLACES

`SEC. 299. PILOT PROGRAM.

`(a) In General- The Commission shall make grants to States to carry out pilot programs under which each voter in an election for Federal office in a State is marked with indelible ink after submitting a ballot.

`(b) Eligibility- A State is eligible to receive a grant under this part if it submits to the Commission, at such time and in such form as the Commission may require, an application containing such information as the Commission may require.

`(c) Report-

`(1) IN GENERAL- Each State which receives a grant under this part shall submit to the Commission a report describing the activities carried out with the funds provided under the grant.

`(2) DEADLINE- A State shall submit the report required under paragraph (1) not later than 60 days after the end of the fiscal year for which the State received the grant which is the subject of the report.

`SEC. 300. AUTHORIZATION OF APPROPRIATIONS.

`(a) In General- There are authorized to be appropriated for grants under this part $5,000,000 for fiscal year 2006 and such sums as are necessary for each succeeding fiscal year.

`(b) Availability- Any amounts appropriated pursuant to the authority of this section shall remain available, without fiscal year limitation, until expended.'.

TITLE III--CRIMINAL PENALTIES

SEC. 301. PENALTY FOR MAKING EXPENDITURES TO PERSONS TO REGISTER.

Section 597 of title 18, United States Code, is amended by inserting `to register him to vote,' after `either'.

SEC. 302. PENALTY FOR CONSPIRACY TO INFLUENCE VOTING.

Section 597 of title 18, United States Code, as amended by this Act, is amended by striking `makes or offers to make' and inserting `makes, offers to make, or conspires to make'.

SEC. 303. PENALTY FOR DESTRUCTION OF PROPERTY WITH INTENT TO IMPEDE THE ACT OF VOTING.

Section 594 of title 18, United States Code, is amended--

(1) by inserting `(a)' before `Whoever'; and

(2) by adding at the end the following:

`(b) Whoever destroys or damages any property with the intent to prevent or impede an individual from voting in an election for the office of President, Vice President, Presidential elector, Member of the Senate, Member of the House of Representatives, Delegate from the District of Columbia, or Resident Commissioner, shall be fined under this title, imprisoned for not more than 2 years, or both.'.

END