109th CONGRESS
2d Session
H. R. 4989
To amend the Help America Vote Act of 2002 to clarify the treatment
of provisional ballots cast in elections for Federal office, to ensure that
polling places are adequately staffed and have sufficient equipment, to
direct States to issue durable voter registration cards to each individual
who registers to vote in elections for Federal office in the State, and
for other purposes.
IN THE HOUSE OF REPRESENTATIVES
March 16, 2006
Mr. HOLT introduced the following bill; which was referred to the Committee
on House Administration
A BILL
To amend the Help America Vote Act of 2002 to clarify the treatment
of provisional ballots cast in elections for Federal office, to ensure that
polling places are adequately staffed and have sufficient equipment, to
direct States to issue durable voter registration cards to each individual
who registers to vote in elections for Federal office in the State, 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 `Electoral Fairness Act of
2006'.
(b) Table of Contents- The table of contents of this Act is as follows:
Sec. 1. Short title; table of contents
TITLE I--CLARIFICATION OF PROVISIONAL BALLOT RULES
Sec. 101. Uniform standard for treatment of provisional ballots cast at
incorrect polling places; no requirement to present additional identification
Sec. 102. Minimum contents of provisional ballots
Sec. 103. Treatment of voters who vote after closing of polling places
Sec. 104. Treatment of ballots after casting
TITLE II--ENSURING ADEQUATE STAFF AND EQUIPMENT AT POLLING PLACES
Sec. 201. Requirements for adequate staff and equipment at polling places
Sec. 202. Clarification of application of election administration requirements
to early voting sites
Sec. 203. Availability of additional funds to enable States to meet requirements
Sec. 204. Study of alternative methods for staffing of polling places
TITLE III--PROMOTING EFFECTIVE REGISTRATION OF VOTERS
Sec. 301. Issuance of durable voter registration cards
Sec. 302. Notice and review requirements for removal of individuals from
official list of eligible voters by reason other than change of residence
Sec. 303. Contents and treatment of voter registration forms
Sec. 304. Availability of updated information for registered voters
Sec. 305. Nonapplicability to certain States
TITLE I--CLARIFICATION OF PROVISIONAL BALLOT RULES
SEC. 101. UNIFORM STANDARD FOR TREATMENT OF PROVISIONAL BALLOTS CAST AT
INCORRECT POLLING PLACES; NO REQUIREMENT TO PRESENT ADDITIONAL IDENTIFICATION.
(a) Uniform Standard- Section 302(a)(4) of the Help America Vote Act of
2002 (42 U.S.C. 15482(a)(4)) is amended to read as follows:
`(4)(A) The provisional ballot of an individual who is a registered voter
in a jurisdiction in a State and who is eligible to vote in an election
for Federal office in the State shall be counted as a vote in such an
election if the appropriate State or local election official to whom the
ballot or voter information is transmitted under paragraph (3)--
`(i) in the case of an election for electors for President or for the
office of a Senator, determines that the individual is registered to
vote in the State in which the provisional ballot is cast; and
`(ii) in the case of an election for the office of a Member of the House
of Representatives (including a Delegate or Resident Commissioner to
the Congress), determines that the individual is registered to vote
in the Congressional district in which the provisional ballot is cast.
`(B) Notwithstanding any other provision of law, no individual casting
a provisional ballot shall be required to submit identification on or
after the date of the election as a condition for the ballot to be counted
as a vote in the election, so long as the individual complied with any
applicable identification requirements under this Act at the time of casting
the provisional ballot (to the extent the individual was required to comply
with any such requirements).'.
(b) Safeguards to Prevent Casting of Duplicate Ballots-
(1) IMPLEMENTATION OF SAFEGUARDS- Section 302(a) of such Act (42 U.S.C.
15482(a)) is amended by inserting after paragraph (5) the following new
paragraph:
`(6) Each State shall implement safeguards to ensure that a provisional
ballot cast in an election is not counted as more than one vote in the
election and that an individual who casts a provisional ballot which is
counted as a vote in an election does not cast any other ballot which
is counted as a vote in the election.'.
(2) ADOPTION OF VOLUNTARY GUIDANCE- Section 311 of such Act (42 U.S.C.
15501) is amended by adding at the end the following new subsection:
`(d) Voluntary Guidance Regarding Safeguards to Prevent Casting of Duplicate
Ballots- Not later than October 1, 2006, the Commission shall adopt voluntary
guidance with respect to the safeguards to prevent the casting duplicate
ballots by voters casting provisional ballots which are required to be implemented
under section 302(a)(6).'.
(c) Declaration of Place of Registration- Section 302(a) of such Act (42
U.S.C. 15482(a)) is amended--
(1) in the matter preceding paragraph (1), by striking `jurisdiction'
and inserting `State'; and
(2) in paragraph (2)(A), by striking `jurisdiction' and inserting `State'.
SEC. 102. MINIMUM CONTENTS OF PROVISIONAL BALLOTS.
Section 302(a)(1) of the Help America Vote Act of 2002 (42 U.S.C. 15482(a)(1))
is amended by adding at the end the following new sentence: `The provisional
ballot shall include (at a minimum) all information required for the individual
to cast a vote in each election for Federal office held at the polling place.'.
SEC. 103. TREATMENT OF VOTERS WHO VOTE AFTER CLOSING OF POLLING PLACES.
Section 302(c) of the Help America Vote Act of 2002 (42 U.S.C. 15482(c))
is amended to read as follows:
`(c) Equal Treatment of Voters Who Vote After the Polls Close- Any individual
who votes in an election for Federal office as a result of a Federal or
State court order or any other order extending the time established for
closing the polls by a State law in effect 10 days before the date of that
election shall cast the individual's ballot for the election in the same
manner, and under the same terms and conditions, as any individual who votes
in the election during the regular hours for the operation of polling places
in the State, including the terms and conditions applicable to individuals
permitted to cast provisional ballots under this section.'.
SEC. 104. TREATMENT OF BALLOTS AFTER CASTING.
(a) Responsibility of Election Official to Notify Individual of Determination
of Eligibility of Ballot-
(1) IN GENERAL- Section 302(a)(5) of the Help America Vote Act of 2002
(42 U.S.C. 15482(a)(5)) is amended to read as follows:
`(5)(A) Not later than 24 hours after determining whether or not the vote
of an individual who casts a provisional ballot in an election will be
counted in that election under this Act, the appropriate State or local
election official shall notify the individual of the determination and
(if the determination is made that the vote will not be counted) the reasons
for the determination and the individual's right to challenge the determination
under the procedures established under subparagraph (B).
`(B) Each State shall establish procedures, including a free access system
(such as a toll-free telephone number or an Internet website), under which
an individual who casts a provisional ballot in an election and who is
notified by the appropriate State or local election official that the
provisional ballot cast by the individual will not be counted as a vote
in the election may challenge the determination prior to the final tabulation
of ballots in the election.
`(C) In carrying out subparagraph (B), each State shall ensure that, in
each jurisdiction of the State, an appropriate State or local election
official operates open office hours for at least 8 hours on the day after
the date of the election, during which a voter who cast a provisional
ballot in the election may contact the official and challenge the determination
under the procedures established under subparagraph (B).'.
(2) CONFORMING AMENDMENT- Section 302(a) of such Act (42 U.S.C. 15482(a)),
as amended by section 101(b), is amended in the matter following paragraph
(6) by striking `The appropriate State or local official' and all that
follows through `paragraph (5)(B).'.
(b) Prohibiting Initiation of Recount or Certification of Results Prior
to Review of Provisional Ballots Cast; Standards for Determination of Acceptance
of Provisional Ballots- Section 302(a) of such Act (42 U.S.C. 15482(a)),
as amended by section 101(b), is amended by inserting after paragraph (6)
the following new paragraphs:
`(7) The chief State election official may not make any determination
regarding the applicability of any requirement under State law to conduct
a recount of the results of any election for Federal office in the State,
or certify the results of any election for Federal office in the State,
until all of the votes cast by provisional ballot cast in the election
which are to be counted pursuant to this Act have been counted.
`(8) In making a determination as to whether a vote cast by an individual
by provisional ballot will be counted in an election, the chief State
election official shall review not only the official Statewide list of
registered voters but any other information which was submitted by the
individual in the process of applying to register to vote.'.
(c) Treatment of Rejected Provisional Ballot as Application for Voter Registration-
Section 302(a) of such Act (42 U.S.C. 15482(a)), as amended by section 101(b)
and subsection (b), is amended by inserting after paragraph (8) the following
new paragraph:
`(9) If a provisional ballot cast by an individual in an election for
Federal office is rejected on the ground that the individual is not registered
to vote in the election, the ballot shall be treated (for purposes of
this Act, the National Voter Registration Act of 1993, and applicable
State law) as an application by the individual for voter registration
in the appropriate registrar's jurisdiction with respect to the next election
for Federal office held in the jurisdiction, under the same terms and
conditions applicable to applications for voter registration under this
Act, including section 303(b)(4) (relating to the treatment of incomplete
forms).'.
SEC. 105. EFFECTIVE DATE.
Section 302(d) of such Act (42 U.S.C. 15482(d)) is amended to read as follows:
`(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) DELAYED EFFECTIVE DATE FOR CERTAIN PROVISIONS- To the extent that
any provision of this section was amended by the Electoral Fairness Act
of 2006, such provision shall apply with respect to the regularly scheduled
general election for Federal office held in November 2006 and each succeeding
election for Federal office.'.
TITLE II--ENSURING ADEQUATE STAFF AND EQUIPMENT AT POLLING PLACES
SEC. 201. REQUIREMENTS FOR ADEQUATE STAFF AND EQUIPMENT AT POLLING PLACES.
(1) IN GENERAL- Subtitle A of title III of the Help America Vote Act of
2002 (42 U.S.C. 15481 et seq.) is amended by inserting after section 303
the following new section:
`SEC. 303A. REQUIREMENTS FOR ADEQUATE STAFF AND EQUIPMENT AT POLLING PLACES.
`(a) Standards for Ensuring Adequate Staffing and Equipment-
`(1) IN GENERAL- Each State shall establish the number and location of
polling places used for each election for Federal office held in the State
on the date of the election, and the number of check-in stations, poll
workers, ballot marking stations, and voting systems assigned to each
such polling place on the date of the election, so that to the greatest
extent practicable--
`(A) the polling places established within a jurisdiction are equally
convenient for and proximate to the registered voters in the jurisdiction
and provide poll workers, voters, and individuals waiting to vote with
shelter from the elements and protection from excessive heat and cold;
`(B) the maximum waiting time at the polling place is equal for all
voters in the State;
`(C) the time spent by any voter at the polling place from the time
of arrival at the check-in station until the time of departure after
voting does not exceed 1 hour; and
`(D) the maximum number of registered voters assigned to any single
polling place on the date of the election (as determined one week prior
to the date of the election) does not exceed--
`(i) in the case of a jurisdiction using as its primary voting system
a system under which ballots are marked by the voter and are read
by a voting device (such as an optical scan or other ballot reading
system), 3,000 (except that a greater number shall be permitted at
any polling place at which no voter in fact spent more than 1 hour
from the time of arrival at the check-in station until the time of
departure after voting); or
`(ii) in the case of a jurisdiction using as its primary voting system
a system under which voters use a voting device which directly records
the votes (such as a direct recording electronic or touch screen system),
1,000.
`(2) MINIMUM NUMBER OF VOTING SYSTEMS PER POLLING PLACE- In meeting the
requirements of paragraph (1), a State shall ensure that the minimum number
of ballot marking stations (where applicable) and, with respect to any
jurisdiction in the State which uses electronic voting devices of any
type, voting systems used at each polling place within the jurisdiction
on the date of the election is not less than the designated minimum applicable
under paragraph (3).
`(3) DESIGNATED MINIMUM NUMBER OF VOTING SYSTEMS- For purposes of paragraph
(2), the designated minimum number of voting systems used at a polling
place within a jurisdiction is--
`(A) in the case of a jurisdiction using as its primary voting system
a system under which ballots are marked by the voter and are read by
a voting device (such as an optical scan or other ballot reading system)--
`(i) one ballot reading system (together with an ample number of ballots
and ballot marking supplies and a sufficient number of secure ballot
boxes), with at least one readily available spare ballot reading system
for the county in the jurisdiction which uses such a system, and
`(ii) one ballot marking station for every 200 registered voters assigned
to the polling place (as determined one week prior to the date of
the election); and
`(B) in the case of a jurisdiction using as its primary voting system
a system under which voters use a voting device which directly records
the votes (such as a direct recording electronic or touch screen system)--
`(i) one system for every 200 registered voters assigned to the polling
place (as determined one week prior to the date of the election),
with at least one readily available spare of such direct recording
electronic or touch screen system available for every 5 polling places
within the jurisdiction; and
`(ii) for purposes of ensuring that the State meets the requirement
of paragraph (1)(C) regarding the maximum waiting time at the polling
place, one amply-supplied paper ballot system (under which ballots
may be marked manually and through the use of ballot marking devices
which are accessible to individuals with disabilities) for use during
any period during which neither the primary system installed at the
polling place or any spare system referred to in clause (i) is available.
`(4) MINIMUM HOURS OF OPERATION-
`(A) IN GENERAL- In meeting the requirements of paragraph (1), a State
shall ensure that each polling place is in operation for not fewer than
12 hours.
`(B) EXCEPTION FOR POLLING PLACES SERVING SMALL NUMBERS OF VOTERS- At
the discretion of the appropriate State or local election official,
a polling place may be in operation for fewer than 12 hours if--
`(i) in the case of a polling place at which the voting system used
is a system under which ballots are marked by the voter and are read
by a voting device (such as an optical scan or other ballot reading
system), the polling place serves fewer than 1,000 voters; or
`(ii) in the case of a polling place at which the voting system used
is a system under which voters use a voting device which directly
records the votes (such as a direct recording electronic or touch
screen system), the polling place serves fewer than 200 voters.
`(5) FACTORS TO BE CONSIDERED- In meeting the requirements of paragraph
(1), a State shall take into consideration all relevant factors affecting
the time spent by individuals at polling places on the date of the election,
including the demographics of the area served by the polling place, the
number of individuals with disabilities using the polling place, the number
of individuals needing language assistance at the polling place, and increases
in the demands placed on equipment and election personnel during peak
voting hours.
`(6) REPORTING REQUIREMENT- Not later than 7 days after the date of each
election for Federal office, the appropriate State or local election official
shall publish at the appropriate office of election administration and
post on the public Internet site of the official a detailed report setting
forth the manner in which each polling place under the official's jurisdiction
complied with the requirements of this subsection.
`(7) NO EFFECT ON REQUIREMENTS FOR ACCESSIBILITY FOR INDIVIDUALS WITH
DISABILITIES- Nothing in this subsection may be construed to repeal, limit,
or otherwise affect the requirement under section 301(a)(3) that at least
one direct recording electronic voting system or other voting system equipped
for individuals with disabilities be available at each polling place.
`(8) NO EFFECT ON ABILITY OF STATES TO USE PAPER BALLOT SYSTEMS OR SYSTEMS
USED PRIOR TO 2000- Nothing in this subsection may be construed to repeal,
limit, or otherwise affect any provision of this Act which permits a State
or jurisdiction which used a particular type of voting system in the elections
for Federal office held in November 2000 to continue to use such a system,
or which permits a State to use any kind of paper ballot voting system.
`(b) Standards for Training and Compensation of Election Officials- Each
State shall establish and operate a program to recruit individuals to serve
as election officials at polling places used in elections for Federal office
held in the State, and shall--
`(1) ensure that such individuals receive comprehensive training in the
administration of elections and the applicable Federal and State election
laws; and
`(2) compensate such individuals for their service at a rate designed
to recruit highly qualified and dedicated individuals and to compensate
them appropriately for their civic participation.
`(c) Effective Date- Each State and jurisdiction shall meet the requirements
of this section with respect to the regularly scheduled general election
for Federal office held in November 2006 and each succeeding election for
Federal office.'.
(2) ADOPTION OF VOLUNTARY GUIDANCE- Section 311 of such Act (42 U.S.C.
15501), as amended by section 101(b)(2), is amended by adding at the end
the following new subsection:
`(e) Voluntary Guidance Regarding Adequate Staff and Equipment at Polling
Places- Not later than October 1, 2006, the Commission shall adopt voluntary
guidance with respect to the requirement to ensure adequate and appropriately-trained
staffing at polling places under section 303A.'.
(1) REQUIREMENTS FOR ADEQUATE STAFF AND EQUIPMENT AT POLLING PLACES- Section
401 of such Act (42 U.S.C. 15511) is amended by striking `sections 301,
302, and 303' and inserting `subtitle A of title III'.
(2) CLARIFICATION OF AVAILABILITY OF PRIVATE RIGHT OF ACTION- Section
401 of such Act (42 U.S.C. 15511) is amended--
(A) by striking `The Attorney General' and inserting `(a) In General';
and
(B) by adding at the end the following new subsections:
`(b) Filing of Complaints by Aggrieved Persons-
`(1) IN GENERAL- A person who is aggrieved by a violation of subtitle
A of title III which is occurring or which is about to occur may file
a written, signed, notarized complaint with the Attorney General describing
the violation and requesting the Attorney General to take appropriate
action under this section.
`(2) RESPONSE BY ATTORNEY GENERAL- The Attorney General shall respond
to each complaint filed under paragraph (1), in accordance with procedures
established by the Attorney General that require responses and determinations
to be made within the same (or shorter) deadlines which apply to a State
under the State-based administrative complaint procedures described in
section 402(a)(2).
`(c) Clarification of Availability of Private Right of Action- Nothing in
this section may be construed to prohibit any person from bringing an action
under section 1979 of the Revised Statutes of the United States (42 U.S.C.
1983) to enforce the uniform and nondiscriminatory election technology and
administration requirements under subtitle A of title III.
`(d) No Effect on State Procedures- Nothing in this section may be construed
to affect the availability of the State-based administrative complaint procedures
required under section 402 to any person filing a complaint under this subsection.'.
(c) Clerical Amendment- The table of contents of such Act is amended by
inserting after the item relating to section 303 the following new item:
`Sec. 303A. Requirements for adequate staff and equipment at polling places'.
SEC. 202. CLARIFICATION OF APPLICATION OF ELECTION ADMINISTRATION REQUIREMENTS
TO EARLY VOTING SITES.
(a) In General- Subtitle A of title III of the Help America Vote Act of
2002 (42 U.S.C. 15481 et seq.), as amended by section 201(a), is amended
by inserting after section 303A the following new section:
`SEC. 303B. CLARIFICATION OF APPLICATION OF REQUIREMENTS TO EARLY VOTING
SITES.
`Except as may be specifically provided, the uniform and nondiscriminatory
election technology and administration requirements of this subtitle which
apply with respect to voting in person in elections for Federal office apply
with respect to voting in person at each site established by a State or
jurisdiction for the casting of ballots in such an election, without regard
to whether the ballots are cast on the regularly scheduled date of the election
or on an earlier date.'.
(b) Clerical Amendment- The table of contents of such Act, as amended by
section 201(c), is amended by inserting after the item relating to section
303A the following new item:
`Sec. 303B. Clarification of application of requirements to early voting
sites'.
(c) Effective Date- The amendments made by this section shall take effect
as if included in the enactment of the Help America Vote Act of 2002.
SEC. 203. AVAILABILITY OF ADDITIONAL FUNDS TO ENABLE STATES TO MEET REQUIREMENTS.
Section 257(a) of such Act (42 U.S.C. 15407(a)) is amended by adding at
the end the following new paragraph:
`(4) For fiscal year 2006, $50,000,000, except that any funds provided
under the authorization made by this paragraph may be used by a State
only to meet the requirements of section 303A.'.
SEC. 204. STUDY OF ALTERNATIVE METHODS FOR STAFFING OF POLLING PLACES.
(a) Study- The Election Assistance Commission shall conduct a study of the
feasibility and desirability of using alternative methods to obtain poll
workers and other election officials to staff polling places on the dates
of elections, including--
(1) recruiting secondary school students, other government employees,
and employees of private businesses; and
(2) recruiting individuals who are bilingual.
(b) Report- Not later than January 1, 2008, the Election Assistance Commission
shall submit to the President and Congress a report on the study conducted
under subsection (a), and shall include in the report such recommendations
for legislative and administrative actions as the Commission considers appropriate.
(c) Authorization of Appropriations- There are authorized to be appropriated
to the Election Assistance Commission $2,000,000 to carry out this section.
TITLE III--PROMOTING EFFECTIVE REGISTRATION OF VOTERS
SEC. 301. ISSUANCE OF DURABLE VOTER REGISTRATION CARDS.
(a) Requiring States to Issue Cards Upon Registration-
(1) IN GENERAL- Subtitle A of title III of the Help America Vote Act of
2002 (42 U.S.C. 15481 et seq.), as amended by sections 201(a) and 202(a),
is amended by inserting after section 303B the following new section:
`SEC. 303C. ISSUANCE OF DURABLE VOTER REGISTRATION CARDS.
`(a) Requiring States to Issue Cards Upon Registration-
`(1) IN GENERAL- Immediately upon approving an individual's completed
voter registration application form (or, in the case of an individual
in a same-day registration State who submits the form on the date of an
election, not later than one week after approving the form), the appropriate
State election official shall provide the individual with a durable voter
registration card at no charge to the individual which shall serve as
proof that the individual is duly registered to vote in elections for
Federal office held at the polling place which serves the individual's
address identified on the card.
`(2) INFORMATION INCLUDED ON CARD- The voter registration card provided
to an individual under paragraph (1) shall include the individual's name
and address.
`(1) GRANTS TO COVER COSTS OF ISSUING CARDS- The Commission shall make
grants to each eligible State for purposes of assisting the State in meeting
the requirement to issue voter registration cards under this section.
`(2) ELIGIBILITY- A State is eligible to receive a grant under this section
if it submits to the Commission (at such time as the Commission may require)
an application containing such information and assurances as the Commission
may require.
`(3) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated
for fiscal year 2006 and each succeeding fiscal year such sums as may
be necessary for grants under this section.
`(c) Same-Day Registration State Defined- In this section, term `same-day
registration State' means a State in which, under law that is in effect
continuously on and after the date of the enactment of the Electoral Fairness
Act of 2006, all voters in the State may register to vote at the polling
place at the time of voting in a general election for Federal office.'.
(2) ISSUANCE OF CARDS TO CURRENT REGISTRANTS- Not later than the expiration
of the 3-month period which begins on the date of the enactment of this
Act, the appropriate election official of each State shall issue a durable
voter registration card under section 303C of the Help America Vote Act
of 2002 (as added by paragraph (1)) to each individual who is registered
to vote in elections for Federal office in the State as of the expiration
of such period.
(3) CLERICAL AMENDMENT- The table of contents of such Act, as amended
by sections 201(c) and 202(b), is amended by inserting after the item
relating to section 303B the following new item:
`Sec. 303C. Issuance of durable voter registration cards'.
(b) Individuals Producing Cards at Polling Place Deemed Eligible to Cast
Votes- Section 303 of such Act (42 U.S.C. 15483) is amended--
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following new subsection:
`(d) Individuals Producing Voter Registration Cards at Polling Place Deemed
Eligible-
`(1) ELIGIBILITY TO CAST VOTES IN ELECTIONS- An individual whose name
does not appear on the official list of individuals eligible to vote in
an election for Federal office at a polling place shall be deemed eligible
to vote in the election and shall be permitted to vote in the usual manner
(rather than by provisional ballot) at the polling place if--
`(A) the individual presents to the appropriate election official at
the polling place the durable voter registration card issued to the
individual under section 303C;
`(B) the address shown on the voter registration card is an address
within the jurisdiction served by the polling place with respect to
the election; and
`(C) the individual presents to the official a copy of a current utility
bill, bank statement, government check, paycheck, or other current government
document that shows the same name and address shown on the voter registration
card, or presents a signed affidavit attesting that the individual's
name and address is the same as shown on such card.
`(2) PUBLICATION OF INFORMATION- The chief State election official shall
ensure that information regarding the ability of individuals to vote at
polling places in accordance with this subsection is included in the voting
information publicly posted at polling places under section 302(b) and
is posted on a public website maintained by the chief State election official.
`(3) NO ADDITIONAL IDENTIFICATION REQUIRED- Nothing in this subsection
may be construed to require an individual as a condition of voting at
a polling place to present the durable voter registration card issued
under section 303C or any other form of identification which is not otherwise
required to be presented under this Act.
`(4) NO EFFECT ON RIGHT TO CAST PROVISIONAL BALLOT- Nothing in this subsection
may be construed to affect the right of any individual to cast a provisional
ballot under section 302.'.
(c) Use of Card to Meet Identification Requirement for First-Time Voters
Who Register by Mail-
(1) INDIVIDUALS VOTING IN PERSON- Section 303(b)(2)(A)(i) of such Act
(42 U.S.C. 15483(b)(2)(A)(i)) 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) by adding at the end the following new subclause:
`(III) presents to the appropriate State or local election official
the durable voter registration card issued to the individual under
section 303C.'.
(2) INDIVIDUALS 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) by adding at the end the following new subclause:
`(III) a copy of the durable voter registration card issued to the
individual under section 303C.'.
SEC. 302. NOTICE AND REVIEW REQUIREMENTS FOR REMOVAL OF INDIVIDUALS FROM
OFFICIAL LIST OF ELIGIBLE VOTERS BY REASON OTHER THAN CHANGE OF RESIDENCE.
(a) In General- Section 8 of the National Voter Registration Act of 1993
(42 U.S.C. 1973gg--6) is amended--
(1) by redesignating subsection (j) as subsection (k); and
(2) by inserting after subsection (i) the following new subsection:
`(j) Notice and Review Requirements for Removal of Individuals From List
of Eligible Voters by Reason Other Than Change of Residence-
`(1) MINIMUM NOTICE PRIOR TO REMOVAL-
`(A) IN GENERAL- In addition to any other requirements applicable under
this section, a State may not remove a registrant from the official
list of eligible voters for an election for Federal office by reason
other than death or a change of residence unless the State provides
the registrant with a notice of removal meeting the requirements of
subparagraph (B) not later than 30 days before the date of the election.
`(B) REQUIREMENTS FOR NOTICE- The notice required under this subparagraph
shall be sent by forwardable mail, and shall include the following:
`(i) A statement that the State intends to remove the registrant from
the official list of eligible voters for elections for Federal office.
`(ii) A description of the reasons for removal, including (in the
case of an individual proposed to be removed by reason of criminal
conviction) 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.
`(iii) A statement that the registrant may obtain a review of the
removal from an appropriate State election official in accordance
with paragraph (2).
`(iv) A postage pre-paid and pre-addressed envelope and a clear list
of contact information for the appropriate State election official
that includes a mailing address, telephone number, and fax number.
`(2) REVIEW OF DECISION TO REMOVE-
`(A) IN GENERAL- A registrant who receives a notice of removal under
paragraph (1) may submit a written request to a designated State election
official 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 is not subject to removal from the list under State law,
including information and evidence showing that the registrant was not
convicted of the criminal offense cited in the notice or that the period
of ineligibility imposed as the result of a conviction of a criminal
offense has expired (in the case of an individual proposed to be removed
by reason of criminal conviction).
`(B) RESPONSE BY STATE- Not later than 10 days after receiving a request
from a registrant under subparagraph (A), the State shall review the
information and evidence included and accept or reject the request,
and shall notify the registrant in writing of its decision.
`(3) SPECIAL RULES FOR REMOVAL BY REASON OF DEATH OF REGISTRANT- In the
case of an individual proposed to be removed by reason of death--
`(A) the notice of removal under paragraph (1) shall be addressed to
the occupant of the most recent address of the registrant in the records
of the appropriate State election official;
`(B) the notice shall include a statement that the occupant should notify
the appropriate State election official immediately if the notice of
the registrant's death is in error;
`(C) if the notice of removal was issued in error, the registrant may
submit a written request under paragraph (2) to withdraw the notice
and retain the registrant on the official list of eligible voters; and
`(D) if the registrant submits such a written request, the State shall
notify the registrant of the decision made under paragraph (2)(B) with
respect to the request.
`(4) OPPORTUNITY TO CAST PROVISIONAL BALLOT- Any registrant who receives
a notice of removal under paragraph (1) and believes that the removal
decision was made in error shall be permitted to cast a provisional ballot
in an election for Federal office in accordance with section 302(a) of
the Help America Vote Act of 2002, and the vote cast by such a ballot
shall be counted in the election (in accordance with the standards and
procedures of such section) if it is determined that the removal decision
was made in error.
`(5) NO EXPANSION OF GROUNDS FOR REMOVAL- Nothing in this subsection may
be construed to require or authorize the establishment of any grounds
for the removal of a registrant from the official list of eligible voters
for an election for Federal office which were not in effect prior to the
enactment of this subsection.'.
(b) Adoption of Voluntary Guidance Regarding Audits of Computerized List-
Section 311 of such Act (42 U.S.C. 15501), as amended by sections 101(b)(2)
and 201(a)(2), is amended by adding at the end the following new subsection:
`(f) Voluntary Guidance Regarding Audits of Computerized List- Not later
than October 1, 2006, the Commission shall adopt voluntary guidance with
respect to audits of the Statewide computerized voter registration list
required to be maintained under section 303 so that each State will be able
to ensure that the list reflects an accurate and complete count of all individuals
who are validly registered to vote in elections for Federal office in the
State and is secure against unauthorized uses.'.
(c) Conforming Amendments-
(1) NATIONAL VOTER REGISTRATION ACT OF 1993- Section 8 of the National
Voter Registration Act of 1993 (42 U.S.C. 1973gg--6) is amended--
(A) in subsection (a)(3)(B), by striking `State law,' and inserting
`State law and consistent with the requirements of subsection (j),';
(B) in subsection (a)(4)(A), by striking the semicolon at the end and
inserting and `, consistent with the requirements of subsection (j);';
(C) in the heading for subsection (d), by inserting after `Rolls' the
following: `by Reason of Change of Residence'; and
(D) in subsection (i)(2), by inserting after `subsection (d)(2)' the
following: `and all persons to whom notices described in subsection
(j)'.
(2) HELP AMERICA VOTE ACT OF 2002- Section 303(a) of the Help America
Vote Act of 2002 (42 U.S.C. 15483(a)) is amended--
(A) in paragraph (2)(A)(i), by striking `and (e)' and inserting `(e),
and (j)'; and
(B) in paragraph (4)(B), by striking `Safeguards' and inserting `In
addition to meeting the applicable notice and review requirements of
section 8 of the National Voter Registration Act of 1993, safeguards'.
(d) Rule of Construction- Nothing in this section or any amendment made
by this section may be construed--
(1) to affect the right of any individual to cast a provisional ballot
under section 302(a) of the Help America Vote Act of 2002; or
(2) to prohibit any State from providing individuals threatened with removal
from the official list of eligible voters in the State with greater protections
than those required under section 8(j) of the National Voter Registration
Act of 1993 (as added by subsection (a)).
(e) Effective Date- The amendments made by this section shall apply with
respect to the regularly scheduled general election for Federal office in
November 2006 and each succeeding election for Federal office.
SEC. 303. CONTENTS AND TREATMENT OF VOTER REGISTRATION FORMS.
(a) Opportunity to Correct Incomplete Forms- Section 303(b)(4)(B) of the
Help America Vote Act of 2002 (42 U.S.C. 15483(b)(4)(B)) is amended by striking
`to answer the question included on the mail voter registration form pursuant
to subparagraph (A)(i)' and inserting `to provide any information required
on any voter registration form used by the State under section 6 of the
National Voter Registration Act of 1993'.
(b) Completed National Form Deemed Complete for All States- Section 303(b)
of such Act (42 U.S.C. 15483(b)) is amended--
(1) by redesignating paragraph (5) as paragraph (6); and
(2) by inserting after paragraph (4) the following new paragraph:
`(5) COMPLETED NATIONAL FORM DEEMED COMPLETE FOR ALL STATES-
`(A) TREATMENT OF COMPLETED FORM- If an applicant for voter registration
in a State submits a voter registration application form which contains
all of the information required to be provided under the mail voter
registration form developed by the Commission under section 9(a)(2)
of the National Voter Registration Act of 1993 (whether the form submitted
by the applicant is the form developed by the Commission or another
form developed and used by the State under section 6(a) of the National
Voter Registration Act of 1993), the State may not refuse to register
the applicant as a voter on the ground that the applicant failed to
complete the form.
`(B) PRESUMPTION IN FAVOR OF REGISTRATION- In determining whether applicants
meet the requirements for registering to vote in elections for Federal
office in a State, State election officials shall act under the presumption
that applicants should be registered.'.
SEC. 304. AVAILABILITY OF UPDATED INFORMATION FOR REGISTERED VOTERS.
(a) Requiring States to Make Updated Information Available to Registered
Voters- Section 303(a)(1) of the Help America Vote Act of 2002 (42 U.S.C.
15483(a)(1)) is amended--
(1) by redesignating subparagraph (B) as subparagraph (D); and
(2) by inserting after subparagraph (A) the following new subparagraphs:
`(B) AVAILABILITY OF UPDATED VERSION OF LIST ONLINE AND AT POLLING PLACES-
`(i) IN GENERAL- The appropriate State or local election official
shall ensure that, at each polling place for an election for Federal
office and on a public website of the election official of each registrar's
jurisdiction, a list is available which shows--
`(I) all individuals registered to vote in that election at all
polling places located in the registrar's jurisdiction, other than
any individual who requests that the appropriate official exclude
the individual's name from the list; and
`(II) for each such individual, the polling place at which the individual
is registered.
`(ii) EXCLUSION OF ADDRESSES- The list required to be made available
under clause (i) may not contain the address of any individual.
`(iii) TIMING- The appropriate election official shall make the list
required to be made available under clause (i)--
`(I) available not later than 72 hours after the applicable deadline
under State law for registering to vote in elections for Federal
office; or
`(II) in the case of a same-day registration State, available on
a weekly basis during the 30-day period which ends on the date of
the election.
`(iv) PERMITTING INDIVIDUALS TO OPT OUT OF INCLUSION IN PUBLICLY-POSTED
LIST- If an individual requests that the appropriate election official
exclude the individual's name from the publicly posted list under
this subparagraph--
`(I) the official shall exclude information relating to the individual
from the publicly-posted list; and
`(II) the official shall notify the individual in a private and
confidential manner of the polling place to which the individual
is assigned in accordance with the timetable provided for making
the list available under clause (iii).
`(v) DEFINITIONS- In this subparagraph--
`(I) the term `registrar's jurisdiction' has the meaning given such
term in section 8(j) of the National Voter Registration Act of 1993
(42 U.S.C. 1973gg-6(j)); and
`(II) the term `same-day registration State' has the meaning given
such term in section 303C(c).
`(C) NOTIFICATION OF CHANGES IN ASSIGNED POLLING PLACE- If an election
official assigns an individual to a polling place which is different
than the polling place at which the individual was registered to vote
under the most recently available version of the list required to be
made available under subparagraph (B)(i), the official shall notify
the individual of the new polling place immediately upon making the
assignment.'.
(b) Conforming Amendment- Section 303(a)(1) of such Act (42 U.S.C. 15481(a)(1))
is amended--
(1) in subparagraph (A), by striking `subparagraph (B)' and inserting
`subparagraph (C)'; and
(2) in subparagraph (C), as redesignated by subsection (a), by striking
`requirement under subparagraph (A)' and inserting `requirements under
subparagraphs (A) and (B)'.
SEC. 305. NONAPPLICABILITY TO CERTAIN STATES.
This title and the amendments made by this title 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.
SEC. 306. EFFECTIVE DATE.
Section 303(e)(2) of the Help America Vote Act of 2002 (42 U.S.C. 15483(e)(2)),
as redesignated by section 301(b), is amended--
(1) in subparagraph (A), by striking `Each State' and inserting `Except
as provided in subparagraph (C), each State';
(2) in subparagraph (B), by striking `The provisions' and inserting `Except
as provided in subparagraph (C), the provisions'; and
(3) by adding at the end the following new subparagraph:
`(C) DELAYED EFFECTIVE DATE FOR CERTAIN PROVISIONS- To the extent that
any provision of subsection (b) was amended by the Electoral Fairness
Act of 2006, such provision, as well as subsection (d), shall apply
with respect to the regularly scheduled general election for Federal
office held in November 2006 and each succeeding election for Federal
office.'.
END
