To amend the National Voter Registration Act of 1993 to require States to give notice and an opportunity for review prior to removing individuals from the official list of eligible voters in elections for Federal office by reason of criminal conviction, and for other purposes.

May 23, 2001

Mrs. MEEK of Florida introduced the following bill; which was referred to the Committee on House Administration

To amend the National Voter Registration Act of 1993 to require States to give notice and an opportunity for review prior to removing individuals from the official list of eligible voters in elections for Federal office by reason of criminal conviction, 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.

This Act may be cited as the `Voting Rights Protection Act of 2001'.

SEC. 2. REQUIRING STATES TO GIVE NOTICE AND OPPORTUNITY FOR REVIEW PRIOR TO REMOVING INDIVIDUALS FROM VOTING ROLLS BY REASON OF CRIMINAL CONVICTION.

(a) IN GENERAL- The National Voter Registration Act of 1993 (42 U.S.C. 1973gg et seq.) is amended by inserting after section 8 the following new section:

`SEC. 8A. NOTICE AND REVIEW REQUIREMENTS FOR REMOVAL OF INDIVIDUALS FROM VOTING ROLLS FOR CRIMINAL CONVICTION.

`(a) NOTICE OF REMOVAL-

`(1) IN GENERAL- A State may not remove a registrant from the official list of eligible voters for elections for Federal office by reason of criminal conviction unless the State provides the registrant with a notice of removal containing the information required under paragraph (2)--

`(A) not later than 60 days before the date of the first election for Federal office which occurs after the date on which the registrant is convicted; or

`(B) if the first election for Federal office occurs fewer than 60 days after the date on which the registrant is convicted, not later than 60 days before the date of the second such election which occurs after the registrant is convicted.

`(2) CONTENTS OF NOTICE- The notice of removal required under this subsection shall include the following:

`(A) A statement that the State intends to remove the registrant from the official list of eligible voters for elections for Federal office.

`(B) A description of the reasons for removal, including sufficient identifying information on the criminal conviction alleged to be the basis for removal to enable the registrant to determine whether the registrant was convicted of the offense cited in the notice.

`(C) A statement that the registrant may obtain a review of the removal from an appropriate election official of the State in accordance with subsection (b).

`(b) REVIEW-

`(1) IN GENERAL- A registrant who receives a notice of removal under subsection (a) may submit a written request to an appropriate election official of the State to withdraw the notice and retain the registrant on the official list of eligible voters, and may include in the request such information and evidence as the registrant considers appropriate to show that the registrant was not convicted of the criminal offense cited in the notice or is otherwise not subject to removal from the list under State law.

`(2) RESPONSE BY STATE- If a registrant submits a written request under paragraph (1), the State shall review the information and evidence included and accept or reject the request not later than 10 days after receipt, and shall notify the registrant in writing of its decision.

`(3) STAY OF REMOVAL IF REQUEST SUBMITTED WITHIN 30 DAYS- If a registrant submits a written request under paragraph (1) within the 30-day period which begins on the date the registrant receives the notice of removal under subsection (a), the State may not remove the registrant from the official list of eligible voters until it has completed its review of the request under this subsection and notified the registrant of its decision. Nothing in this paragraph may be construed to permit a State to refuse to consider a written request submitted under paragraph (1) by a registrant after the 30-day period referred to in the previous sentence, or to limit any other rights provided to the registrant under the laws of the State to challenge the proposed removal of the registrant from the official list of eligible voters.'.

(b) CONFORMING AMENDMENT- Section 8(a)(3)(B) of such Act (42 U.S.C. 1973gg-6(a)(3)(B)) is amended by inserting after `criminal conviction' the following: `(subject to the requirements of section 8A)'.

SEC. 3. EFFECTIVE DATE.

The amendments made by this Act shall apply with respect to elections occurring after the date of the enactment of this Act.

END