HR 109
112th CONGRESS
1st Session
H. R. 109
To protect voting rights and to improve the administration of Federal
elections, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
January 5, 2011
Mr. CONYERS introduced the following bill; which was referred to the Committee
on the Judiciary, and in addition to the Committees on Oversight and Government
Reform and House Administration, for a period to be subsequently determined
by the Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
A BILL
To protect voting rights and to improve the administration of Federal
elections, 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 `Voting Opportunity and Technology
Enhancement Rights Act of 2011'.
(b) Table of Contents- The table of contents of this Act is as follows:
Sec. 1. Short title; table of contents.
TITLE I--IMPROVING ELECTION ADMINISTRATION
Sec. 101. National Federal write-in absentee ballot.
Sec. 102. Verified ballots; preservation.
Sec. 103. Requirements for counting provisional ballots.
Sec. 104. Minimum requirements for voting systems and poll workers in polling
places.
Sec. 105. Election day registration.
Sec. 106. Integrity of voter registration list.
Sec. 108. Improvements to voting systems.
Sec. 109. Voter registration.
Sec. 110. Establishing voter identification.
Sec. 111. Impartial administration of elections.
Sec. 112. Strengthening the Election Assistance Commission.
Sec. 113. Additional protections to ensure fair administration of Federal
elections.
Sec. 114. Authorization of appropriations.
Sec. 115. Effective date.
TITLE II--PROHIBITING DECEPTIVE PRACTICES
Sec. 201. Prohibiting deceptive practices in Federal elections.
Sec. 202. Corrective action.
Sec. 203. Reports to Congress.
Sec. 205. Authorization of appropriations.
TITLE III--PROHIBITING VOTER CAGING
Sec. 301. Voter caging and other questionable challenges prohibited.
TITLE IV--RESTORING VOTING RIGHTS
Sec. 401. Rights of citizens.
Sec. 403. Notification of restoration of voting rights.
Sec. 405. Relation to other laws.
Sec. 406. Federal prison funds.
Sec. 407. Effective date.
TITLE V--ELECTION DAY AS LEGAL PUBLIC HOLIDAY
Sec. 501. Treatment of election day in same manner as legal public holiday
for purposes of Federal employment.
Sec. 502. Study by Comptroller General of impact on voter participation.
Sec. 503. Sense of Congress regarding treatment of day by private employers.
TITLE I--IMPROVING ELECTION ADMINISTRATION
SEC. 101. NATIONAL FEDERAL WRITE-IN ABSENTEE BALLOT.
(a) Requiring States to Accept Ballot-
(1) 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. USE OF NATIONAL FEDERAL WRITE-IN ABSENTEE BALLOT.
`(a) In General- Any person who is otherwise qualified to vote in a Federal
election in a State shall be permitted to use the national Federal write-in
absentee ballot prescribed by the Commission under section 297 to cast a vote
in an election for Federal office.
`(b) Submission and Processing-
`(1) IN GENERAL- Except as otherwise provided in this section, a national
Federal write-in absentee ballot shall be submitted and processed in the
manner provided under the standards prescribed by the Commission under section
297(b).
`(2) DEADLINE- An otherwise eligible national Federal write-in absentee
ballot shall be counted if postmarked or signed before the close of the
polls on election day and received by the appropriate State election official
on or before the date which is 10 days after the date of the election or
the date provided for receipt of absentee ballots under State law, whichever
is later.
`(c) Special Rules- The following rules shall apply with respect to national
Federal write-in absentee ballots:
`(1) In completing the ballot, the voter may designate a candidate by writing
in the name of the candidate or by writing in the name of a political party
(in which case the ballot shall be counted for the candidate of that political
party).
`(2) In the case of the offices of President and Vice President, a vote
for a named candidate or a vote by writing in the name of a political party
shall be counted as a vote for the electors supporting the candidate involved.
`(3) Any abbreviation, misspelling, or other minor variation in the form
of the name of a candidate or a political party shall be disregarded in
determining the validity of the ballot.
`(d) Effective Date- Each State shall be required to comply with the requirements
of this section on and after January 1, 2013.'.
(2) CONFORMING AMENDMENT RELATING TO ENFORCEMENT- 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 subtitle C'.
(3) CLERICAL AMENDMENT- The table of contents of title III of such Act is
amended by adding at the end the following:
`Subtitle C--Additional Requirements
`Sec. 321. Use of national Federal write-in absentee ballot.'.
(b) Guidance and Standards for National Federal Write-In Absentee Ballot-
(1) IN GENERAL- Title II of the Help America Vote Act of 2002 (42 U.S.C.
15321 et seq.) is amended by adding at the end the following new subtitle:
`Subtitle E--Guidance and Standards
`SEC. 297. NATIONAL FEDERAL WRITE-IN ABSENTEE BALLOT.
`(a) Form of Ballot- The Commission shall prescribe a national Federal write-in
absentee ballot (including a secrecy envelope and mailing envelope for such
ballot) for use in elections for Federal office.
`(b) Standards- The Commission shall prescribe standards for--
`(1) distributing the national Federal write-in absentee ballot, including
standards for distributing such ballot through the Internet; and
`(2) processing and submission of the national Federal write-in absentee
ballot.'.
(2) CONFORMING AMENDMENT- Section 202 of the Help America Vote Act of 2002
(42 U.S.C. 15322) is amended--
(A) by redesignating paragraphs (5) and (6) as paragraphs (6) and (7);
and
(B) by inserting after paragraph (4) the following new paragraph:
`(5) carrying out the duties described in subtitle E;'.
(3) CLERICAL AMENDMENT- The table of contents for title II of such Act is
amended by adding at the end the following:
`Subtitle E--Guidance and Standards
`Sec. 297. National Federal write-in absentee ballot.'.
(c) Coordination With Uniformed and Overseas Citizens Absentee Voting Act-
(1) IN GENERAL- The Presidential designee under the Uniformed and Overseas
Absentee Voting Act, in consultation with the Election Assistance Commission,
shall facilitate the use and return of the national Federal write-in ballot
prescribed by the Commission under section 297 of the Help America Vote
Act of 2002 (as added by subsection (b)(1)) for absent uniformed service
voters and overseas voters so that such voters face no greater difficulties
in the submission and processing of their ballots than those faced by absentee
voters who reside in the United States.
(2) DEFINITIONS- The terms `absent uniformed service voter' and `overseas
voter' shall have the meanings given such terms by section 107 of the Uniformed
and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973gg-6).
SEC. 102. VERIFIED BALLOTS; PRESERVATION.
(1) IN GENERAL- Section 301(a) of the Help America Vote Act of 2002 (42
U.S.C. 15481(a)) is amended by adding at the end the following new paragraph:
`(7) VERIFIED BALLOTS- In order to meet the requirements of paragraph (1)(A)(i),
on and after January 1, 2011:
`(A) The voting system shall provide an independent means of voter verification
which meets the requirements of subparagraph (B) and which allows each
voter to verify the accuracy of the ballot before it is cast and counted,
and to correct any errors before the record of the ballot is produced
and preserved under this paragraph and paragraph (2)(B)(iii).
`(B) A means of voter verification meets the requirements of this subparagraph
if the voting system allows the voter to choose from one of the following
options to verify the voter's vote selection:
`(iii) A pictorial record.
`(iv) An electronic record or other means that provides for voter verification
that is accessible for individuals with disabilities, including nonvisual
accessibility for the blind and visually impaired, in a manner that
provides privacy and independence equal to that provided for other voters.
`(C) Any means of verification described in clause (ii), (iii), or (iv)
of subparagraph (B) must provide verification which is equal or superior
to verification through the use of a paper record.
`(D) None of the means of verification under this paragraph may employ
cryptography in the record.'.
(2) CONFORMING AMENDMENT- Clause (i) of section 301(a)(1)(A) of such Act
(42 U.S.C. 15481(a)(1)(A)(i)) is amended by inserting `and consistent with
the requirements of paragraphs (2), (4), and (7)' after `independent manner'.
(b) Preservation of Records- Section 301(a)(2)(B)(iii) of such Act (42 U.S.C.
15481(a)(2)(B)(iii)) is amended to read as follows:
`(iii) The record produced to meet the requirements of paragraph (1)(A)(i)
and this paragraph shall be available as an official record for any
audit or recount conducted with respect to any election in which the
system is used, and shall be preserved after the voter has verified
its accuracy--
`(I) in the case of a paper record, within the polling place on the
date of the election in a manner that ensures the security of the
votes as verified; and
`(II) in the case of a record described in clause (ii), (iii), or
(iv) of paragraph (7)(B), through a method established by the Commission
which provides protection of the record equal to or superior to the
methods used to preserve paper records.'.
(1) IN GENERAL- Subtitle E of title II of such Act, as added by section
101(b)(1), is amended by adding at the end the following new section:
`SEC. 298. VERIFIED BALLOTS.
`(a) Standards- The Commission shall issue uniform and nondiscriminatory standards--
`(1) for verified ballots required under section 301(a)(7); and
`(2) for meeting the audit requirements of section 301(a)(2).
`(b) Audits- The standards issued under subsection (a) shall provide for partial
audits of the results of elections using the records produced pursuant to
section 301(a)(7), and shall provide that those records shall be used for
the official count of votes in the event that the tallies derived from the
records differ from the tallies otherwise derived from the voting system used
in the election involved.'.
(2) CLERICAL AMENDMENT- The table of contents for subtitle E of title II
of such Act, as added by this Act, is amended by adding at the end the following
new item:
`Sec. 298. Verified ballots.'.
(1) ELECTION ASSISTANCE COMMISSION- Section 207 of such Act (42 U.S.C. 15327)
is amended--
(A) by redesignating paragraph (5) as paragraph (6); and
(B) by inserting after paragraph (4) the following new paragraph:
`(5) A description of the progress on implementing the verified ballot requirements
of section 301(a)(7) and the impact of the use of such requirements on the
accessibility, privacy, security, usability, and auditability of voting
systems.'.
(2) STATE REPORTS- Section 258 of such Act (42 U.S.C. 15408) is amended--
(A) by striking `and' at the end of paragraph (2);
(B) by striking the period at the end of paragraph (3) and inserting `;
and'; and
(C) by adding at the end the following new paragraph:
`(4) an analysis and description in the form and manner prescribed by the
Commission of the progress on implementing the verified ballot requirements
of section 301(a)(7).'.
SEC. 103. REQUIREMENTS FOR COUNTING PROVISIONAL BALLOTS.
(a) In General- Section 302 of the Help America Vote Act of 2002 (42 U.S.C.
15482) is amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following new subsection:
`(d) Statewide Counting of Provisional Ballots- For purposes of subsection
(a)(4), notwithstanding at which polling place a provisional ballot is cast
within the State, the State shall count such ballot if the individual who
cast such ballot is otherwise eligible to vote in the election.'.
(b) Effective Date- Section 302(e) of such Act (42 U.S.C. 15482(e)), as redesignated
by subsection (a), is amended to read as follows:
`(e) Effective Date for Provisional Voting and Voting Information-
`(1) IN GENERAL- Except as provided in paragraph (2), each State and jurisdiction
shall be required to comply with the requirements of this section on and
after January 1, 2004.
`(2) STATEWIDE COUNTING OF PROVISIONAL BALLOTS- Each State shall be required
to comply with the requirements of subsection (d) on and after January 1,
2013.'.
SEC. 104. MINIMUM REQUIREMENTS FOR VOTING SYSTEMS AND POLL WORKERS IN POLLING
PLACES.
(a) Minimum Requirements-
(1) IN GENERAL- Subtitle C of title III of the Help America Vote Act of
2002, as added by section 101(a)(1), is amended by adding at the end the
following new section:
`SEC. 322. MINIMUM REQUIREMENTS FOR VOTING SYSTEMS AND POLL WORKERS.
`(a) In General- Each State shall provide for the minimum required number
of functioning and accurate voting systems and poll workers required in each
precinct 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 section 299A.
`(b) Effective Date- Each State shall be required to comply with the requirements
of this section on and after January 1, 2013.'.
(2) CLERICAL AMENDMENT- The table of contents for subtitle C of title III
of such Act, as added by section 101(a)(3), is amended by adding at the
end the following new item:
`Sec. 322. Minimum required voting systems and poll workers.'.
(1) IN GENERAL- Subtitle E of title II of such Act, as added and amended
by this Act, is amended by adding at the end the following new section:
`SEC. 299. STANDARDS FOR ESTABLISHING THE MINIMUM REQUIRED VOTING SYSTEMS
AND POLL WORKERS.
`(a) In General- The Commission shall issue standards regarding the minimum
number of voting systems and poll workers required in each precinct on the
day of any Federal election and on any days during which early voting is allowed
for a Federal election.
`(b) Distribution- The standards described in subsection (a) shall provide
for a uniform and nondiscriminatory geographic distribution of such systems
and workers, based on a ratio of the number of systems and workers per voter,
taking into account voter registration statistics for the precinct, the most
recent available census data regarding the number of individuals residing
within the precinct who are eligible to register to vote, and the level of
voter turnout during previous elections held in the precinct.
`(c) Deviation- The standards described in subsection (a) shall permit States,
upon providing adequate public notice, to deviate from any allocation requirements
in the case of unforeseen circumstances such as a natural disaster, terrorist
attack, or a change in voter turnout.'.
(2) CLERICAL AMENDMENT- The table of contents for subtitle E of title II
of such Act, as added and amended by this Act, is amended by adding at the
end the following new item:
`Sec. 299. Standards for establishing the minimum required voting systems
and poll workers.'.
SEC. 105. ELECTION DAY REGISTRATION.
(1) IN GENERAL- Subtitle C of title III of the Help America Vote Act of
2002, as added and amended by this Act, is amended by adding at the end
the following new section:
`SEC. 323. ELECTION DAY REGISTRATION.
`(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
individual on the day of a Federal election--
`(A) to register to vote in such election at the polling place using the
form established by the Commission pursuant to section 297; and
`(B) to cast a vote in such election.
`(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 Act, there is no voter registration requirement
for individuals in the State with respect to elections for Federal office.
`(b) Effective Date- Each State shall be required to comply with the requirements
of subsection (a) on and after January 1, 2013.'.
(2) CLERICAL AMENDMENT- The table of contents for subtitle C of title III
of such Act, as added and amended by this Act, is amended by adding at the
end the following new item:
`Sec. 323. Election Day registration.'.
(b) Election Day Registration Form-
(1) IN GENERAL- Subtitle E of title II of such Act, as added and amended
by this Act, is amended by adding at the end the following new section:
`SEC. 299A. ELECTION DAY REGISTRATION FORM.
`The Commission shall develop an election day registration form for elections
for Federal office.'.
(2) CLERICAL AMENDMENT- The table of contents for subtitle E of title II
of such Act, as added and amended by this Act, is amended by adding at the
end the following new item:
`Sec. 299A. Election Day registration form.'.
SEC. 106. INTEGRITY OF VOTER REGISTRATION LIST.
(a) In General- Subtitle C of title III of the Help America Vote Act of 2002,
as added and amended by this Act, is amended by adding at the end the following
new section:
`SEC. 324. REMOVAL FROM VOTER REGISTRATION LIST.
`(a) Public Notice- Not later than 45 days before any Federal election, each
State shall provide public notice of all names which have been removed from
the voter registration list of such State under section 303 since the later
of the most recent election for Federal office or the day of the most recent
previous public notice provided under this section.
`(b) Notice to Individual Voters-
`(1) IN GENERAL- No individual shall be removed from the voter registration
list under section 303 unless such individual is first provided with a notice
which meets the requirements of paragraph (2).
`(2) REQUIREMENTS OF NOTICE- The notice required under paragraph (1) shall
be--
`(A) provided to each voter in a uniform and nondiscriminatory manner;
`(B) consistent with the requirements of the National Voter Registration
Act of 1993 (42 U.S.C. 1973gg et seq.); and
`(C) in the form and manner prescribed by the Election Assistance Commission.
`(c) Effective Date- Each State shall be required to comply with the requirements
of this section on and after January 1, 2013.'.
(b) Clerical Amendment- The table of contents for subtitle C of title III
of such Act, as added and amended by this Act, is amended by adding at the
end the following new item:
`Sec. 324. Removal from voter registration list.'.
SEC. 107. EARLY VOTING.
(1) IN GENERAL- Subtitle C of title III of the Help America Vote Act of
2002, as added and amended by this Act, is amended by adding at the end
the following new section:
`SEC. 325. EARLY VOTING.
`(a) In General- Each State shall allow individuals to vote in an election
for Federal office not less than 15 days prior to the day scheduled for such
election in the same manner as voting is allowed on such day.
`(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 uniform hours each day for which such voting occurs.
`(c) Application of Election Day Registration to Early Voting- A State shall
permit individuals to register to vote at each polling place which allows
voting prior to the day of a Federal election pursuant to subsection (a) in
the same manner as the State is required to permit individuals to register
to vote and vote on the day of the election under section 323.
`(d) Effective Date- Each State shall be required to comply with the requirements
of this section on and after January 1, 2013.'.
(2) CLERICAL AMENDMENT- The table of contents for subtitle C of title III
of such Act, as added and amended by this Act, is amended by adding at the
end the following new item:
`Sec. 325. Early voting.'.
(b) Standards for Early Voting-
(1) IN GENERAL- Subtitle E of title II of the Help America Vote Act of 2002,
as added and amended by this Act, is amended by adding at the end the following
new section:
`SEC. 299B. STANDARDS FOR EARLY VOTING.
`(a) In General- The Commission shall issue standards for the administration
of voting prior to the day scheduled for a Federal election. Such standards
shall include the nondiscriminatory geographic placement of polling places
at which such voting occurs.
`(b) Deviation- The standards described in subsection (a) shall permit States,
upon providing adequate public notice, to deviate from any requirement in
the case of unforeseen circumstances such as a natural disaster, terrorist
attack, or a change in voter turnout.'.
(2) CLERICAL AMENDMENT- The table of contents for subtitle E of title II
of such Act, as added and amended by this Act, is amended by adding at the
end the following new item:
`Sec. 299B. Standards for early voting.'.
SEC. 108. IMPROVEMENTS TO VOTING SYSTEMS.
(a) In General- Section 301(a)(1)(B) of the Help America Vote Act of 2002
(42 U.S.C. 15481(a)(1)(B)) is amended by striking `, a punch card voting system,
or a central count voting system'.
(b) Clarification of Requirements for Punch Card Systems- Section 301(a)(1)(A)
of such Act (42 U.S.C. 15481(a)(1)(A)) is amended by striking `any lever'
and inserting `any punch card voting system, lever'.
SEC. 109. VOTER REGISTRATION.
(a) In General- Section 303(b)(4) of the Help America Vote Act of 2002 (42
U.S.C. 15483(b)(4)) is amended by adding at the end the following new subparagraphs:
`(C) EXCEPTION- On and after January 1, 2013--
`(i) in lieu of the questions and statements required under subparagraph
(A), such mail voter registration form shall include an affidavit to
be signed by the registrant attesting both to citizenship and age; and
`(ii) subparagraph (B) shall not apply.
`(D) APPLICATION TO FORMS DEVELOPED BY STATES- For purposes of section
6(a)(2) of the National Voter Registration Act of 1993 (42 U.S.C. 1973gg-4(a)(2)),
any form developed and used by a State for the registration of voters
in elections for Federal office shall not be considered to meet all of
the criteria stated in section 9(b) of such Act unless the form meets
the requirements of subparagraph (C).'.
(b) Internet Registration-
(1) IN GENERAL- Subtitle C of title III of such Act, as added and amended
by this Act, is amended by adding at the end the following new section:
`SEC. 326. INTERNET REGISTRATION.
`(a) Internet Registration- Each State shall establish a program under which
individuals may access and submit voter registration forms electronically
through the Internet.
`(b) Effective Date- Each State shall be required to comply with the requirements
of this section on and after January 1, 2013.'.
(2) CLERICAL AMENDMENT- The table of contents for subtitle C of title III
of such Act, as added and amended by this Act, is amended by adding at the
end the following new item:
`Sec. 326. Internet registration.'.
(c) Standards for Internet Registration-
(1) IN GENERAL- Subtitle E of such Act, as added and amended by this Act,
is amended by adding at the end the following new section:
`SEC. 299C. STANDARDS FOR INTERNET REGISTRATION PROGRAMS.
`The Commission shall establish standards regarding the design and operation
of programs which allow electronic voter registration through the Internet.'.
(2) CLERICAL AMENDMENT- The table of contents for subtitle E of title II
of such Act, as added and amended by this Act, is amended by adding at the
end the following new item:
`Sec. 299C. Standards for Internet registration programs.'.
SEC. 110. ESTABLISHING VOTER IDENTIFICATION.
(1) IN PERSON VOTING- Section 303(b)(2)(A)(i) of the Help America Vote Act
of 2002 (42 U.S.C. 15483(b)(2)(A)(i)) is amended--
(A) by striking `or' at the end of subclause (I); and
(B) by adding at the end the following new subclause:
`(III) executes a written affidavit attesting to such individual's
identity; or'.
(2) VOTING BY MAIL- Section 303(b)(2)(A)(ii) of such Act (42 U.S.C. 15483(b)(2)(A)(ii))
is amended--
(A) by striking `or' at the end of subclause (I);
(B) by striking the period at the end of subclause (II) and inserting
`; or'; and
(C) and by adding at the end the following new subclause:
`(III) a written affidavit, executed by such individual, attesting
to such individual's identity.'.
(b) Standards for Verifying Voter Information-
(1) IN GENERAL- Subtitle E of such Act, as added and amended by this Act,
is amended by adding at the end the following new section:
`SEC. 299D. VOTER IDENTIFICATION.
`The Commission shall develop standards for verifying the identification information
required under section 303(a)(5) in connection with the registration of an
individual to vote in a Federal election.'.
(2) CLERICAL AMENDMENT- The table of contents for subtitle E of title II
of such Act, as added by this Act, is amended by adding at the end the following
new item:
`Sec. 299D. Voter identification.'.
SEC. 111. IMPARTIAL ADMINISTRATION OF ELECTIONS.
(a) Election Administration Requirements-
(1) IN GENERAL- Subtitle C of title III of the Help America Vote Act of
2002, as added and amended by this Act, is amended by adding at the end
the following new section:
`SEC. 327. ELECTION ADMINISTRATION REQUIREMENTS.
`(a) Notice of Changes in State Election Laws- Not later than 15 days prior
to any Federal election, each State shall issue a public notice describing
all changes in State law affecting the administration of Federal elections
since the most recent prior election.
`(1) IN GENERAL- Each State shall allow uniform and nondiscriminatory access
to any polling place for purposes of observing a Federal election to--
`(A) voting rights and civil rights organizations; and
`(B) nonpartisan domestic observers and international observers.
`(2) NOTICE OF DENIAL OF OBSERVATION REQUEST- Each State shall issue a public
notice with respect to any denial of a request by any observer described
in paragraph (1) for access to any polling place for purposes of observing
a Federal election. Such notice shall be issued not later than 24 hours
after such denial.
`(3) NO INTERFERENCE WITH ELECTION PERMITTED- Nothing in this subsection
may be construed to permit any individual observing a Federal election pursuant
to this subsection to engage in campaign activity at a polling place or
interfere in any way with the conduct of the election.
`(c) Effective Date- Each State shall be required to comply with the requirements
of this section on and after January 1, 2013.'.
(2) CLERICAL AMENDMENT- The table of contents for subtitle C of title III
of such Act, as added and amended by this Act, is amended by adding at the
end the following new item:
`Sec. 327. Election administration requirements.'.
(b) Study of Administration of Elections by Nonpartisan Boards-
(1) STUDY- The Election Assistance Commission shall conduct a study analyzing
the feasibility and desirability of requiring States to carry out the administration
of elections for Federal office through nonpartisan election boards.
(2) REPORT- Not later than January 1, 2013, the Commission shall submit
a report to Congress and the relevant committees of Congress on the study
conducted under paragraph (1).
SEC. 112. STRENGTHENING THE ELECTION ASSISTANCE COMMISSION.
(1) IN GENERAL- Part 1 of subtitle A of title II of the Help America Vote
Act of 2002 (42 U.S.C. 15321 et seq.) is amended by inserting after section
209 the following new section:
`SEC. 209A. SUBMISSION OF BUDGET REQUESTS.
`Whenever the Commission submits any budget estimate or request to the President
or the Office of Management and Budget, it shall concurrently transmit a copy
of such estimate or request to the Congress and to all relevant committees
of the House and Senate.'.
(2) CLERICAL AMENDMENT- The table of contents for part 1 of subtitle A of
title II of such Act is amended by inserting after the item relating to
section 209 the following new item:
`Sec. 209A. Submission of budget requests.'.
(b) Exemption From Paperwork Reduction Act- Section 3502(1) of title 44, United
States Code, is amended--
(1) by redesignating subparagraphs (B), (C), and (D) as subparagraphs (C),
(D), and (E); and
(2) by inserting after subparagraph (A) the following new subparagraph:
`(B) the Election Assistance Commission;'.
(c) Rulemaking- Section 209 of the Help America Vote Act of 2002 (42 U.S.C.
15239) is amended--
(1) by striking `The Commission' and inserting the following:
`(a) In General- Except as provided in subsection (b), the Commission'; and
(2) by adding at the end the following new subsection:
`(b) Exception- On and after January 1, 2013, subsection (a) shall not apply
to any authority granted under subtitle E of this title or subtitle C of title
III.'.
(1) IN GENERAL- Subtitle E of title II of the Help America Vote Act of 2002,
as added and amended by this Act, is amended by adding at the end the following
new section:
`SEC. 299E. TECHNICAL SUPPORT.
`At the request of the Commission, the Director of the National Institute
of Standards and Technology shall provide the Commission with technical support
necessary for the Commission to carry out its duties under this title.'.
(2) CLERICAL AMENDMENT- The table of contents for subtitle E of title II
of such Act, as added by this Act, is amended by adding at the end the following
new item:
`Sec. 299E. Technical support.'.
(e) Authorization of Appropriations- Section 210 of the Help America Vote
Act of 2002 (42 U.S.C. 15330) is amended by striking `for each of the fiscal
years 2003 through 2005' and all that follows and inserting the following:
`for the Commission to carry out this title the following:
`(1) For each of fiscal years 2003 through 2011, $10,000,000.
`(2) For fiscal year 2012, $23,000,000, of which $3,000,000 is solely to
carry out section 299E.
`(3) For fiscal year 2013 and each succeeding fiscal year, such sums as
may be necessary.'.
SEC. 113. ADDITIONAL PROTECTIONS TO ENSURE FAIR ADMINISTRATION OF FEDERAL
ELECTIONS.
(a) Requiring Use of Publicly Available Open Source Software in Voting Machines-
(1) REQUIRING USE OF OPEN SOURCE SOFTWARE-
(A) IN GENERAL- Subtitle C of title III of such Act, as added and amended
by this Act, is amended by adding at the end the following new section:
`SEC. 328. REQUIRING USE OF PUBLICLY AVAILABLE OPEN SOURCE SOFTWARE IN VOTING
MACHINES.
`(a) In General- Each State shall ensure that each voting machine used by
the State for elections for Federal office uses open source software which
may be accessible for inspection by the public, in accordance with standards
established by the Commission under section 299G.
`(b) Effective Date- Each State shall be required to comply with the requirements
of this section on and after January 1, 2013.'.
(B) CLERICAL AMENDMENT- The table of contents for subtitle C of title
III of such Act, as added and amended by this Act, is amended by adding
at the end the following new item:
`Sec. 328. Requiring use of publicly available open source software in voting
machines.'.
(2) ESTABLISHMENT OF STANDARDS-
(A) IN GENERAL- Subtitle E of title II of such Act, as added and amended
by this Act, is amended by adding at the end the following new section:
`SEC. 299F. STANDARDS FOR PUBLICLY AVAILABLE OPEN SOURCE SOFTWARE IN VOTING
MACHINES.
`The Commission shall establish standards for the software used in voting
machines for elections for Federal offices, including standards to ensure
that all such software is open source software which may be accessible for
inspection by the public.'.
(B) CLERICAL AMENDMENT- The table of contents for subtitle E of title
II of such Act, as added and amended by this Act, is amended by adding
at the end the following new item:
`Sec. 299F. Standards for publicly available open source software in voting
machines.'.
(b) Standards for Conducting Recounts-
(1) IN GENERAL- Subtitle C of title III of such Act, as added and amended
by this Act, is amended by adding at the end the following new section:
`SEC. 329. STANDARDS FOR CONDUCTING RECOUNTS.
`In conducting any recount with respect to any election for Federal office
in the State, the State shall ensure that a vote in the election will be counted
when the intent of the voter can reasonably be determined from the ballot.'.
(2) CLERICAL AMENDMENT- The table of contents for subtitle C of title III
of such Act, as added and amended by this Act, is amended by adding at the
end the following new item:
`Sec. 329. Standards for conducting recounts.'.
(c) Prohibiting Conflicts of Interest of Entities Involved in Manufacture,
Distribution, or Other Activities Relating to Voting Machines-
(1) PROHIBITING AGREEMENTS BY STATES WITH ENTITIES FAILING TO MEET ANTI-CONFLICT
OF INTEREST STANDARDS-
(A) IN GENERAL- Subtitle C of title III of such Act, as added and amended
by this Act, is amended by adding at the end the following new section:
`SEC. 329A. PROHIBITING AGREEMENTS WITH ENTITIES FAILING TO MEET ANTI-CONFLICT
OF INTEREST STANDARDS FOR ENTITIES INVOLVED WITH VOTING MACHINES.
`(a) In General- In carrying out an election for Federal office, a State may
not enter into any agreement with an entity regarding the manufacture, distribution,
installation, servicing, or other activity with respect to a voting machine
to be used for the election if the entity is not in compliance with the standards
established by the Commission under section 299G for prohibiting conflicts
of interest of such entities.
`(b) Effective Date- Each State shall be required to comply with the requirements
of this section on and after January 1, 2013.'.
(B) CLERICAL AMENDMENT- The table of contents for subtitle C of title
III of such Act, as added and amended by this Act, is amended by adding
at the end the following new item:
`Sec. 329A. Prohibiting agreement with entities failing to meet anti-conflict
of interest standards for entities involved with voting machines.'.
(2) ESTABLISHMENT OF STANDARDS-
(A) IN GENERAL- Subtitle E of title II of such Act, as added and amended
by this Act, is amended by adding at the end the following new section:
`SEC. 299G. STANDARDS FOR PROHIBITING CONFLICTS OF INTEREST OF ENTITIES
INVOLVED IN MANUFACTURE, DISTRIBUTION, OR OTHER ACTIVITIES RELATING TO VOTING
MACHINES.
`The Commission shall establish standards to prohibit conflicts of interest
of entities engaged in the manufacture, distribution, installation, servicing,
or other activities with respect to voting machines, including standards to
prohibit any such entity from directly or indirectly providing any funds or
property (including in-kind funds and property) to any candidate for public
office, any political party, any political committee under the Federal Election
Campaign Act of 1971, any organization described in section 527 of the Internal
Revenue Code of 1986, or any other entity organized for any partisan political
purpose.'.
(B) CLERICAL AMENDMENT- The table of contents for subtitle E of title
II of such Act, as added and amended by this Act, is amended by adding
at the end the following new item:
`Sec. 299G. Standards for prohibiting conflicts of interest of entities
involved in manufacture, distribution, or other activities relating to voting
machines.'.
SEC. 114. AUTHORIZATION OF APPROPRIATIONS.
Section 257(a) of the Help America Vote Act of 2002 (42 U.S.C. 15408(a)) is
amended by adding at the end the following new paragraphs:
`(5) For fiscal year 2012, in addition to the amount authorized under paragraph
(4) for the purposes described in such paragraph, $2,000,000,000.
`(6) For each fiscal year after 2012, in addition to the amount authorized
under paragraph (4) for the purposes described in such paragraph, such sums
as are necessary.'.
SEC. 115. EFFECTIVE DATE.
This title and the amendments made by this title shall take effect on January
1, 2012.
TITLE II--PROHIBITING DECEPTIVE PRACTICES
SEC. 201. PROHIBITING DECEPTIVE PRACTICES IN FEDERAL ELECTIONS.
(a) Civil Actions- Section 2004(b) of the Revised Statutes (42 U.S.C. 1971(b))
is amended--
(1) by striking `No person' and inserting `(1) PROHIBITION- No person';
(2) by striking `any candidate for the office' and all that follows and
inserting `any candidate in any election for Federal office.'; and
(3) by adding at the end the following new paragraphs:
`(2) FALSE STATEMENTS REGARDING FEDERAL ELECTIONS-
`(A) PROHIBITION- No person, whether acting under color of law or otherwise,
shall, during the 90-day period which ends on the date of an election
for Federal office, by any means, including by means of written, electronic,
or telephonic communications, communicate or cause to be communicated
information described in subparagraph (B), or produce information described
in subparagraph (B), with the intent that such information be communicated,
if such information is materially false and if such person--
`(i) knows such information to be false; and
`(ii) has the intent to mislead voters, or the intent to impede, hinder,
discourage, or prevent another person from exercising the right to vote
in an election for Federal office.
`(B) INFORMATION DESCRIBED- Information described in this subparagraph
is information regarding--
`(i) the time or place of holding any election for Federal office; or
`(ii) the qualifications for, or restrictions on eligibility of, a voter
in an election for Federal office, including--
`(I) any criminal penalties associated with voting in any such election;
or
`(II) information regarding a voter's registration status or eligibility.
`(3) FALSE STATEMENTS REGARDING PUBLIC ENDORSEMENTS-
`(A) PROHIBITION- During the 90-day period which ends on the date of an
election for Federal office, no person, whether acting under color of
law or otherwise, shall, by any means, including by means of written,
electronic, or telephonic communications, make to the public, or cause
to be made to the public, a materially false statement about an endorsement
of a specific candidate in such election if such person intends to mislead
any voter and knows that the statement is false.
`(B) DEFINITION OF MATERIALLY FALSE STATEMENT- For purposes of subparagraph
(A), a statement about an endorsement of a candidate in an election for
Federal office is a `materially false statement' if--
`(i) the statement states that a specifically named person (including
a political party or other organization) has endorsed the candidate
in that election;
`(ii) such person has not endorsed the candidate in that election; and
`(iii) such person does not support any candidate in that election or
such person has publicly and explicitly stated that the person supports
the election of a different candidate in that election.
`(4) HINDERING, INTERFERING WITH, OR PREVENTING VOTING OR REGISTERING TO
VOTE- No person, whether acting under color of law or otherwise, shall corruptly
hinder, interfere with, or prevent another person from voting, registering
to vote, or aiding another person in voting or registering to vote in any
election for Federal office.
`(5) ELECTION FOR FEDERAL OFFICE DEFINED- In this subsection, 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.'.
(b) Private Right of Action-
(1) IN GENERAL- Section 2004(c) of the Revised Statutes (42 U.S.C. 1971(c))
is amended--
(A) by striking `Whenever any person' and inserting `(1) Whenever any
person'; and
(B) by adding at the end the following new paragraph:
`(2) Any person aggrieved by a violation of subsection (b)(2), subsection
(b)(3), or subsection (b)(4) may institute a civil action for preventive
relief, including an application in a United States district court for a
permanent or temporary injunction, restraining order, or other order.'.
(2) CONFORMING AMENDMENTS- Section 2004 of the Revised Statutes (42 U.S.C.
1971) is amended--
(A) in subsection (e), by striking `subsection (c)' and inserting `subsection
(c)(1)'; and
(B) in subsection (g), by striking `subsection (c)' and inserting `subsection
(c)(1)'.
(1) INCREASE IN PENALTY FOR INTIMIDATION OF VOTERS- Section 594 of title
18, United States Code, is amended by striking `any candidate for the office'
and all that follows and inserting the following: `any candidate in any
election for Federal office shall be fined under this title, imprisoned
not more than 5 years, or both. 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.'.
(2) FALSE STATEMENTS REGARDING FEDERAL ELECTIONS-
(A) IN GENERAL- Chapter 29 of title 18, United States Code, is amended
by adding at the end the following new section:
`Sec. 612. False statements regarding Federal elections
`(a) Prohibition- It shall be unlawful for any person, whether acting under
color of law or otherwise, during the 90-day period which ends on the date
of an election for Federal office, by any means, including by means of written,
electronic, or telephonic communications, to communicate or cause to be communicated
materially false information described in subsection (b), or produce materially
false information described in subsection (b) with the intent that such information
be communicated, if such person--
`(1) knows such information to be false; and
`(2) has the intent to mislead voters, or the intent to impede, hinder,
discourage, or prevent another person from exercising the right to vote,
in the election.
`(b) Information Described- Information described in this subsection is information
regarding--
`(1) the time or place of holding any election for Federal office; or
`(2) the qualifications for, or restrictions on eligibility of, a voter
in an election for Federal office, including--
`(A) any criminal penalties associated with voting in any such election;
or
`(B) information regarding a voter's registration status or eligibility.
`(c) 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.
`(d) Penalty- Any person who violates subsection (a) shall be fined under
this title, imprisoned not more than 5 years, or both.
`(e) Election for Federal Office Defined- In this section, the term `election
for Federal office' has the meaning given such term in section 594.'.
(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:
`612. False statements regarding Federal elections.'.
(3) HINDERING, INTERFERING WITH, OR PREVENTING VOTING OR REGISTERING TO
VOTE-
(A) IN GENERAL- Chapter 29 of title 18, United States Code, as amended
by paragraph (2)(A), is further amended by adding at the end the following
new section:
`Sec. 613. Hindering, interfering with, or preventing voting or 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 voting, registering to vote, or aiding another person
in voting or registering to vote in any election for Federal office.
`(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.
`(c) Penalty- Any person who violates subsection (a) shall be fined under
this title, imprisoned not more than 5 years, or both.
`(d) Election for Federal Office Defined- In this section, the term `election
for Federal office' has the meaning given such term in section 594.'.
(B) CLERICAL AMENDMENT- The table of sections for chapter 29 of title
18, United States Code, as amended by paragraph (2)(B), is amended by
adding at the end the following new item:
`613. Hindering, interfering with, or preventing voting or registering to
vote.'.
(4) SENTENCING GUIDELINES-
(A) REVIEW AND AMENDMENT- Not later than 180 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 chapter 29 of title 18, United States Code, to take
into account the amendments made by this subsection.
(B) AUTHORIZATION- The United States Sentencing Commission may, for the
purposes of carrying out subparagraph (A), 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.
(d) 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 subsections (b)(2) or (b)(3)
of section 2004(b) of the Revised Statutes (as added by subsection (a)), section
612 of title 18, United States Code (as added by subsection (c)(2)), or section
613 of title 18, United States Code (as added by subsection (c)(3)) on the
basis of any act occurring prior to the date of the enactment of this Act.
SEC. 202. CORRECTIVE ACTION.
(a) In General- If the Attorney General receives a credible report that materially
false information regarding an election for Federal office has been or is
being communicated in violation of section 2004(b)(2) of the Revised Statutes
(as added by section 201(a)), and if the Attorney General determines that
State and local election officials have not taken adequate steps to promptly
communicate accurate information to correct the materially false information,
the Attorney General may, in his discretion, communicate to the public, by
any means, including by means of written, electronic, or telephonic communications,
accurate information designed to correct such materially false information.
(b) Contents of Corrective Information- The corrective information communicated
by the Attorney General under subsection (a) shall be accurate and objective,
shall not be designed to favor or disfavor any particular candidate, organization,
or political party, and shall consist of only the information necessary to
correct the false statement that has been or is being communicated.
(c) Method of Dissemination of Corrective Information- When reasonably possible,
any communication of corrective information under this section shall be by
means that the Attorney General determines will reach the persons to whom
the false statement has been or is being communicated.
SEC. 203. REPORTS TO CONGRESS.
(a) In General- Not later than 180 days after each regularly scheduled general
election for Federal office, the Attorney General shall submit to the appropriate
committees of Congress a report compiling all allegations of violations of
section 2004(b)(2) of the Revised Statutes (as added by section 201(a)), section
2004(b)(3) of the Revised Statutes (as added by section 201(a)), and section
612 of title 18, United States Code (as added by section 201(c)(2)) which
were received by the Attorney General with respect to such election and all
other previous elections for Federal office which were held after the date
of the previous regularly scheduled general election for Federal office.
(1) IN GENERAL- Except as provided in paragraph (2), each report submitted
under subsection (a) shall include--
(A) descriptions of each allegation of a violation, including the geographic
location and the racial and ethnic composition, as well as language minority-group
membership (if any), of the persons toward whom the alleged violation
was directed;
(B) the status of the investigation of each such allegation;
(C) descriptions of each corrective action taken under section 202(a)
in response to such allegations;
(D) descriptions of each referral of such an allegation to other Federal,
State, or local agencies;
(E) descriptions of any civil litigation instituted under subsection (b)(2)
or subsection (b)(3) of section 2004(b) of the Revised Statutes (as added
by section 201(a)) in connection with such allegations; and
(F) descriptions of any criminal prosecution instituted under section
612 of title 18, United States Code (as added by section 201(c)(2)) in
connection with the receipt of such allegations.
(2) EXCEPTION- The Attorney General shall withhold from the report submitted
under subsection (a) any information protected from disclosure by Rule 6(e)
of the Federal Rules of Criminal Procedure or any Federal criminal statute,
and also may withhold from the report any privileged information, any information
concerning ongoing investigations, any information concerning a criminal
or civil proceeding conducted under seal, and any other nonpublic information
the disclosure of which as determined by the Attorney General could reasonably
be expected to infringe on the rights of any individual or adversely affect
the integrity of a pending or future criminal investigation.
(c) Report Made Public- On the date that the Attorney General submits the
report required under subsection (a), the Attorney General shall also make
the report publicly available through the Internet and other appropriate means.
(d) Effective Date- This section shall apply with respect to the regularly
scheduled general election for Federal office held in November 2012 and each
succeeding regularly scheduled general election for Federal office.
SEC. 204. SEVERABILITY.
If any provision of this title or any amendment made by this title, or the
application of a provision or amendment 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 and amendments to
any person or circumstance, shall not be affected by the holding.
SEC. 205. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to the Attorney General such sums
as may be necessary to carry out this title and the amendments made by this
title.
TITLE III--PROHIBITING VOTER CAGING
SEC. 301. VOTER CAGING AND OTHER QUESTIONABLE CHALLENGES PROHIBITED.
(a) In General- Chapter 29 of title 18, United States Code, as amended by
section 201(a), is amended by adding at the end the following:
`Sec. 614. Voter caging and other questionable challenges
`(a) Definitions- In this section--
`(1) the term `voter caging document' means--
`(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; or
`(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;
`(2) the term `voter caging list' means a list of individuals compiled from
voter caging documents; and
`(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.
`(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--
`(1) a voter caging document or voter caging list;
`(2) an unverified match list;
`(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)); or
`(4) any other evidence so designated for purposes of this section by the
Election Assistance Commission,
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.
`(c) Requirements For Challenges by Persons Other Than Election Officials-
`(1) ATTESTATION OF FIRST-HAND KNOWLEDGE OF INELIGIBILITY- 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, first-hand knowledge regarding the grounds for
ineligibility which is--
`(A) documented in writing; and
`(B) subject to an oath or attestation under penalty of perjury that the
individual who is the subject of the challenge is ineligible to register
to vote or vote in that election.
`(2) PROHIBITING CHALLENGES BASED ON CERTAIN EVIDENCE- 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 if the basis for such
challenge is evidence consisting of--
`(A) a voter caging document or voter caging list;
`(B) an unverified match list;
`(C) 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)); or
`(D) any other evidence so designated for purposes of this section by
the Election Assistance Commission.
`(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 5 years, or both, for each such violation.
Each violation shall be a separate offense.
`(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.).'.
(b) Clerical Amendment- The table of sections for chapter 29 of title 18,
United States Code, as amended by section 201(b), is amended by adding at
the end the following:
`614. Voter caging and other questionable challenges.'.
SEC. 302. 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.
TITLE IV--RESTORING VOTING RIGHTS
SEC. 401. 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.
SEC. 402. 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.
(b) Private Right of Action-
(1) NOTICE TO ELECTION OFFICIAL- 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.
(2) ACTION PERMITTED- 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.
(3) WAIVER OF NOTICE FOR VIOLATIONS OCCURRING NEAR DATE OF ELECTION- 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.
SEC. 403. NOTIFICATION OF RESTORATION OF VOTING RIGHTS.
(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.
(2) DATE OF NOTIFICATION-
(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--
(i) is sentenced to serve only a term of probation; or
(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).
(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.
(b) Federal Notification-
(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.
(2) DATE OF NOTIFICATION-
(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--
(i) is sentenced to serve only a term of probation by a court established
by an Act of Congress; or
(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).
(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.
SEC. 404. DEFINITIONS.
For purposes of this title:
(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).
(2) ELECTION- The term `election' means--
(A) a general, special, primary, or runoff election;
(B) a convention or caucus of a political party held to nominate a candidate;
(C) a primary election held for the selection of delegates to a national
nominating convention of a political party; or
(D) a primary election held for the expression of a preference for the
nomination of persons for election to the office of President.
(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.
(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--
(A) the individual's freedom of movement;
(B) the payment of damages by the individual;
(C) periodic reporting by the individual to an officer of the court; or
(D) supervision of the individual by an officer of the court.
SEC. 405. RELATION TO OTHER LAWS.
(a) State Laws Relating to Voting Rights- Nothing in this title shall be construed
to prohibit the States 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.
(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).
SEC. 406. 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 401.
SEC. 407. 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.
TITLE V--ELECTION DAY AS LEGAL PUBLIC HOLIDAY
SEC. 501. TREATMENT OF ELECTION DAY IN SAME MANNER AS LEGAL PUBLIC HOLIDAY
FOR PURPOSES OF FEDERAL EMPLOYMENT.
For purposes of any law relating to Federal employment, the Tuesday next after
the first Monday in November in 2012 and each even-numbered year thereafter
shall be treated in the same manner as a legal public holiday described in
section 6103 of title 5, United States Code.
SEC. 502. STUDY BY COMPTROLLER GENERAL OF IMPACT ON VOTER PARTICIPATION.
(a) In General- The Comptroller General shall conduct a study of the impact
of section 501 on voter participation.
(b) Report- Not later than May 1, 2017, the Comptroller General shall submit
a report to Congress and the President on the results of the study conducted
under subsection (a).
SEC. 503. SENSE OF CONGRESS REGARDING TREATMENT OF DAY BY PRIVATE EMPLOYERS.
It is the sense of Congress that private employers in the United States should
give their employees a day off on the Tuesday next after the first Monday
in November in 2012 and each even-numbered year thereafter to enable the employees
to cast votes in the elections held on that day.
END
