109th CONGRESS
1st Session
H. R. 533
To amend the Help America Vote Act of 2002 to protect voting rights
and to improve the administration of Federal elections, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
February 2, 2005
Mr. CONYERS (for himself, Mrs. JONES of Ohio, Ms. JACKSON-LEE of Texas, Ms.
LEE, Mr. VAN HOLLEN, Mr. MCDERMOTT, Mr. PAYNE, Mr. KUCINICH, Mr. FRANK of
Massachusetts, Ms. WATERS, Ms. WOOLSEY, Mr. WEINER, Mr. CLAY, Mr. OWENS, Mr.
FATTAH, Mr. JACKSON of Illinois, Ms. ZOE LOFGREN of California, Ms. DELAURO,
Ms. CORRINE BROWN of Florida, Mr. CUMMINGS, Ms. NORTON, Mr. OBERSTAR, Ms.
CARSON, Mr. THOMPSON of Mississippi, Mr. BUTTERFIELD, and Mrs. CAPPS) introduced
the following bill; which was referred to the Committee on House Administration,
and in addition to the Committee on the Judiciary, 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 amend the Help America Vote Act of 2002 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 2005'.
(b) Table of Contents- The table of contents of this Act is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings and purposes.
Sec. 3. Enhanced protections against voter intimidation, threats, coercion,
and deception.
Sec. 4. National Federal write-in absentee ballot.
Sec. 5. Verified ballots; preservation.
Sec. 6. Requirements for counting provisional ballots.
Sec. 7. Minimum required voting systems and poll workers in polling places.
Sec. 8. Election day registration.
Sec. 9. Integrity of voter registration list.
Sec. 11. Acceleration of study on election day as a public holiday.
Sec. 12. Improvements to voting systems.
Sec. 13. Voter registration.
Sec. 14. Establishing voter identification.
Sec. 15. Impartial administration of elections.
Sec. 16. Strengthening the Election Assistance Commission.
Sec. 17. Additional protections to ensure fair administration of Federal
elections.
Sec. 18. Authorization of appropriations.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings- Congress makes the following findings:
(1) The right of all eligible citizens to vote and have their vote counted
is the cornerstone of a democratic form of government and the core precondition
of government of the people, by the people, and for the people.
(2) The right of citizens of the United States to vote is a fundamental
civil right guaranteed under the United States Constitution.
(3) Congress has an obligation to reaffirm the right of each American to
have an equal opportunity to vote and have that vote counted in Federal
elections, regardless of color, ethnicity, disability, language, or the
resources of the community in which they live.
(4) Congress has an obligation to ensure the uniform and nondiscriminatory
exercise of that right by removing barriers in the form of election administration
procedures and technology and insufficient and unequal resources of State
and local governments.
(b) Purposes- The purposes of this Act are as follows:
(1) To secure the opportunity to participate in democracy for all eligible
American citizens by establishing a national Federal write-in absentee ballot
for Federal elections.
(2) To expand and establish uniform and nondiscriminatory requirements and
standards to remove administrative procedural barriers and technological
obstacles to casting a vote and having that vote counted in Federal elections.
(3) To expand and establish uniform and nondiscriminatory requirements and
standards to provide for the accessibility, accuracy, verifiability, privacy,
and security of all voting systems and technology used in Federal elections.
(4) To provide a Federal funding mechanism for the States to implement the
requirements and standards to preserve and protect voting rights and the
integrity of Federal elections in the United States.
SEC. 3. ENHANCED PROTECTIONS AGAINST VOTER INTIMIDATION, THREATS, COERCION,
AND DECEPTION.
(a) Prohibiting Unfair and Deceptive Acts and Practices Affecting Voting in
Federal Elections-
(1) DECLARATION OF UNLAWFULNESS; POWER TO PROHIBIT UNFAIR PRACTICES-
(A) IN GENERAL- It shall be unlawful for any person to engage in unfair
or deceptive acts or practices in or affecting voting in Federal elections,
and the Attorney General is hereby empowered and directed to prevent persons,
partnerships, or corporations from using unfair or deceptive acts or practices
in or affecting voting in Federal elections.
(B) PROCEEDING BY ATTORNEY GENERAL- Whenever the Attorney General shall
have reason to believe that any such person, partnership, or corporation
has been or is using any unfair or deceptive act or practice in or affecting
voting, he shall issue and serve upon such person, partnership, or corporation
a complaint stating its charges in that respect and containing a notice
of a hearing upon a day and at a place therein fixed at least 7 days after
the service of said complaint. The person, partnership, or corporation
so complained of shall have the right to appear at the place and time
so fixed and show cause why an order should not be entered by the Attorney
General requiring such person, partnership, or corporation to cease and
desist from the violation of the law so charged in said complaint. If
upon such hearing the Attorney General shall be of the opinion that the
method of competition or the act or practice in question is prohibited
by this subchapter, it shall make a report in writing in which it shall
state its findings as to the facts and shall issue and cause to be served
on such person, partnership, or corporation an order requiring such person,
partnership, or corporation to cease and desist from using such method
of competition or such act or practice.
(C) PENALTY- Any person, partnership, or corporation who violates an order
of the Attorney General under this paragraph after it has become final,
and while such order is in effect, shall be fined in accordance with title
18, United States Code. Each separate violation of such an order shall
be a separate offense.
(D) CIVIL ACTION BY AGGRIEVED PERSON- A person who is aggrieved by a violation
of this section may, in a civil action, obtain declaratory and injunctive
relief with respect to the violation. The court in an action under this
subsection may award the prevailing party (other than the United States)
reasonable attorneys fees, including litigation expenses and expert witness
fees, as part of the costs; fees may be awarded to a prevailing defendant
only when a plaintiff's civil action is shown to be frivolous, unreasonable,
or without foundation. The Attorney General may intervene as a party in
a civil action brought under this subsection.
(2) DOCUMENTARY EVIDENCE; SUBPOENA POWER-
(A) IN GENERAL- For the purposes of this subsection the Attorney General
shall at all reasonable times have access to, for the purpose of examination,
and the right to copy any documentary evidence of any person, partnership,
or corporation being investigated or proceeded against; and the Attorney
General shall have power to require by subpoena the attendance and testimony
of witnesses and the production of all such documentary evidence relating
to any matter under investigation.
(B) PENALTIES- Any person who shall neglect or refuse to attend and testify,
or to answer any lawful inquiry or to produce any documentary evidence
under this subsection, if in his power to do so, in obedience to an order
of a District Court of the United States directing compliance with the
subpoena or lawful requirement of the Attorney General shall be guilty
of an offense and upon conviction thereof by a court of competent jurisdiction
shall be fined in accordance with title 18, United States Code, or imprisoned
for not more than one year, or both.
(3) UNFAIR OR DECEPTIVE ACTS OR PRACTICES RULEMAKING PROCEEDINGS- The Attorney
General shall--
(A) review information and receive complaints alleging unfair or deceptive
acts or practices in or affecting voting in Federal elections;
(B) make public through the Internet, radio, television, and newspaper
advertisements information on the responsibilities, contact information
and complaint procedures of the Attorney General under this section;
(C) prescribe interpretive rules and general statements of policy with
respect to unfair or deceptive acts or practices in or affecting voting;
and
(D) prescribe rules which define with specificity acts or practices which
are unfair or deceptive acts or practices in or affecting voting (within
the meaning of paragraph (1)), including but not limited to so-called
`caging' or selective use of poll and registration challenges. Rules under
this subsection shall include requirements prescribed for the purpose
of preventing such acts or practices on a proactive basis.
(4) CIVIL ACTIONS FOR VIOLATIONS OF RULES AND CEASE AND DESIST ORDERS RESPECTING
UNFAIR OR DECEPTIVE ACTS OR PRACTICES-
(A) SUITS AGAINST PERSONS, PARTNERSHIPS, OR CORPORATIONS; JURISDICTION;
RELIEF FOR DISHONEST OR FRAUDULENT ACTS-
(i) If any person, partnership, or corporation violates any rule under
this subchapter respecting unfair or deceptive acts or practices (within
the meaning of paragraph (1)), then the Attorney General may commence
a civil action against such person, partnership, or corporation for
relief under this subsection in a United States District Court or in
any court of competent jurisdiction of a State.
(ii) If any person, partnership, or corporation engages in any unfair
or deceptive act or practice (within the meaning of paragraph (1)) with
respect to which the Attorney General has issued a final cease and desist
order which is applicable to such person, partnership, or corporation,
then the Attorney General may commence a civil action against such person,
partnership, or corporation in a United States District Court or in
any court of competent jurisdiction of a State.
(B) NATURE OF RELIEF AVAILABLE- The court in an action under subparagraph
(A) shall have jurisdiction to grant such relief as the court finds necessary
to redress injury to voters or other persons, partnerships, and corporations
resulting from the rule violation or the unfair or deceptive act or practice,
as the case may be. Such relief may include, but shall not be limited
to, rescission or reformation of contracts, the refund of money or return
of property, the payment of damages, and public notification respecting
the rule violation or the unfair or deceptive act or practice, as the
case may be, including exemplary or punitive damages.
(5) RELATIONSHIP TO OTHER LAWS-
(A) IN GENERAL- Nothing in this subsection may be construed to authorize
or require conduct prohibited under the following laws, or supersede,
restrict, or limit--
(i) the National Voter Registration Act of 1993 (42 U.S.C. 1973gg et
seq.); or
(ii) the Voting Rights Act of 1965 (42 U.S.C. 1973aa et seq.).
(B) NO EFFECT ON PRECLEARANCE OR OTHER REQUIREMENTS UNDER VOTING RIGHTS
ACT- Any action taken by the Attorney General or a State under this subsection
may not be considered to have any effect on requirements for preclearance
under section 5 of the Voting Rights Act of 1965 or any other requirements
of such Act.
(b) Revisions to Current Protections-
(1) SECTION 2004 OF THE REVISED STATUTES- Section 2004(b) of the Revised
Statutes (42 U.S.C. 1971(b)) is amended--
(A) by inserting after `coerce,' the following: `knowingly deceive,';
and
(B) by striking `or coerce' and inserting `coerce, or knowingly deceive'.
(2) TITLE 18, UNITED STATES CODE-
(A) SECTION 245- Section 245 of title 18, United States Code, is amended
by adding at the end the following new subsection:
`(e) Whoever, whether or not acting under color of law, knowingly deceives
or attempts to knowingly deceive any person because he is or has been, or
in order to intimidate such person or any other person or class of persons
from carrying out an activity specified in subparagraph (A) of subsection
(b)(1), shall be punished as provided for a violation of subsection (b)(1)(A).'.
(B) SECTION 241- Section 241 of such title is amended by striking `or
intimidate' and inserting `intimidate, or knowingly deceive'.
(c) Enhanced System for Tracking, Documenting, and Monitoring Election Irregularities-
(1) IN GENERAL- The Attorney General shall direct the Assistant Attorney
General for the Civil Rights Division and the Chief of the Voting Section
to--
(A) develop and implement procedures to ensure that the Voting Section
has a reliable method of tracking and documenting allegations of voting
irregularities and actions taken to address them, including establishing
precise categories for recording types of allegations and actions taken,
development of instructions on completing the telephone logs, and development
and implementation of training for contractors; and
(B) implement a method to track and report on election monitoring program
activities in the Interactive Case Management System.
(2) ANNUAL REPORTS- The Attorney General shall submit annual reports to
Congress detailing the implementation of this subsection, including a summary
of the tracking and election monitoring activities and a documentation of
allegations of voting irregularities.
SEC. 4. NATIONAL FEDERAL WRITE-IN ABSENTEE 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 Election Assistance 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, 2007.'.
(2) CONFORMING AMENDMENT- Section 401 of the Help America Vote Act of 2002
(42 U.S.C. 15511) is amended by striking `and 303' and inserting `303, and
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) 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 by redesignating paragraphs (5) and (6) as
paragraphs (6) and (7), respectively, and 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
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. 5. 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, 2007:
`(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 the Help
America Vote Act of 2002 (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 the Help America
Vote Act of 2002 (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 the Help America Vote Act of 2002,
as added by this Act, 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 the Help America Vote
Act of 2002 (42 U.S.C. 15327) is amended by redesignating paragraph (5)
as paragraph (6) and 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 the Help America Vote Act of 2002 (42
U.S.C. 15408) is amended by striking `and' at the end of paragraph (2),
by striking the period at the end of paragraph (3) and inserting `; and',
and 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. 6. 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 by redesignating subsection (d) as subsection (e) and 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.'.
(1) IN GENERAL- Subsection (e) of section 302 of the Help America Vote Act
of 2002 (42 U.S.C. 15482(e)), as redesignated under subsection (a), is amended
by adding at the end the following:
`(2) EFFECTIVE DATE FOR STATEWIDE COUNTING OF PROVISIONAL BALLOTS- Each
State shall be required to comply with the requirements of subsection (d)
on and after January 1, 2007.'.
(2) CONFORMING AMENDMENT- Subsection (e) of section 302 of the Help America
Vote Act of 2002 (42 U.S.C. 15482(e)), as redesignated under subsection
(a), is amended by striking `Each' and inserting the following:
`(1) IN GENERAL- Except as provided in paragraph (2), each'.
SEC. 7. MINIMUM REQUIRED 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 this Act, is amended by adding at the end the following
new section:
`SEC. 322. MINIMUM REQUIRED 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, 2007.'.
(2) CLERICAL AMENDMENT- The table of contents for subtitle C of title III
of such Act, as added by this Act, 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 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. 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 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. 8. 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 Election Assistance 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, 2007.'.
(2) CLERICAL AMENDMENT- The table of contents for subtitle C of title III
of such Act, as added 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 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. 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 by this Act, is amended by adding at the end the following
new item:
`Sec. 299A. Election Day registration form.'.
SEC. 9. 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, 2007.'.
(b) Clerical Amendment- The table of contents for subtitle C of title III
of such Act, as added by this Act, is amended by adding at the end the following
new item:
`Sec. 324. Removal from voter registration list.'.
SEC. 10. 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, 2007.'.
(2) CLERICAL AMENDMENT- The table of contents for subtitle C of title III
of such Act, as added 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 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 by this Act, is amended by adding at the end the following
new item:
`Sec. 299B. Standards for early voting.'.
SEC. 11. ACCELERATION OF STUDY ON ELECTION DAY AS A PUBLIC HOLIDAY.
(a) In General- Section 241 of the Help America Vote Act of 2002 (42 U.S.C.
15381) is amended by adding at the end the following new subsection:
`(d) Report on Election Day-
`(1) IN GENERAL- The report required under subsection (a) with respect to
election administration issues described in subsection (b)(10) shall be
submitted not later than 6 months after the date of the enactment of the
Voting Opportunity and Technology Enhancement Rights Act of 2005.
`(2) AUTHORIZATION OF APPROPRIATIONS- Of the amount authorized to be appropriated
under section 210 for fiscal year 2006, $100,000 shall be authorized solely
to carry out the purposes of this subsection.'.
(b) Effective Date- The amendment made by this section shall take effect on
the date of the enactment of this Act.
SEC. 12. IMPROVEMENTS TO VOTING SYSTEMS.
(a) In General- Subparagraph (B) of section 301(a)(1) 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- Subparagraph (A)
of section 301(a)(1) of the Help America Vote Act of 2002 (42 U.S.C. 15481(a)(1)(A))
is amended by inserting `punch card voting system,' after `any'.
SEC. 13. VOTER REGISTRATION.
(a) In General- Paragraph (4) of section 303(b) 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, 2007--
`(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 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. 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, 2007.'.
(2) CLERICAL AMENDMENT- The table of contents for subtitle C of title III
of such Act, as added 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 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. 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 by this Act, is amended by adding at the end the following
new item:
`Sec. 299C. Standards for Internet registration programs.'.
SEC. 14. ESTABLISHING VOTER IDENTIFICATION.
(1) IN PERSON VOTING- Clause (i) of section 303(b)(2)(A) of the Help America
Vote Act of 2002 (42 U.S.C. 15483(b)(2)(A)(i)) is amended by striking `or'
at the end of subclause (I) and 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- Clause (ii) of section 303(b)(2)(A) of the Help America
Vote Act of 2002 (42 U.S.C. 15483(b)(2)(A)(ii)) is amended by striking `or'
at the end of subclause (I), by striking the period at the end of subclause
(II) and inserting `; or', 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 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. 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. 15. 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, 2007.'.
(2) CLERICAL AMENDMENT- The table of contents for subtitle C of title III
of such Act, as added 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, 2007, the Commission shall submit
a report to Congress and the relevant committees of Congress on the study
conducted under paragraph (1).
SEC. 16. 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- Paragraph (1) of section 3502
of title 44, United States Code, is amended by redesignating subparagraphs
(B), (C), and (D) as subparagraphs (C), (D), and (E), respectively, and 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 inserting at the end the following new subsection:
`(b) Exception- On and after January 1, 2007, 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 fiscal years
2003 through 2005 such sums as may be necessary (but not to exceed $10,000,000
for each such year)' and inserting `$23,000,000 for fiscal year 2006 (of which
$3,000,000 are authorized solely to carry out the purposes of section 299E)
and such sums as may be necessary for succeeding fiscal years'.
SEC. 17. ADDITIONAL PROTECTIONS TO ENSURE FAIR ADMINISTRATION OF FEDERAL
ELECTIONS.
(a) Standards and Training for Election Officials Working at Polling Places-
(1) REQUIRING STATES TO MEET STANDARDS-
(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. 328. STANDARDS AND TRAINING FOR ELECTION OFFICIALS WORKING AT POLLING
PLACES.
`(a) In General- No individual shall be permitted to serve as an election
official at any polling place used for any election for Federal office, unless
the individual is certified as having completed the poll worker training program
established by the Commission under section 299F.
`(b) Exception for Emergencies- A State may waive the application of subsection
(a) in the case of an emergency.
`(c) Effective Date- Each State shall be required to comply with the requirements
of this section on and after January 1, 2007.'.
(B) CLERICAL AMENDMENT- The table of contents for subtitle C of title
III of such Act, as added by this Act, is amended by adding at the end
the following new item:
`Sec. 328. Standards and training for election officials working at polling
places.'.
(2) POLL WORKER TRAINING PROGRAM-
(A) 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. 299F. POLL WORKER TRAINING PROGRAM.
`(a) Establishment of Program- The Commission shall establish a program for
the training of individuals to serve as election officials at polling places
used for elections for Federal office, including polling places used on a
day during which a State allows early voting for a Federal election in accordance
with the standards determined under section 299B.
`(b) Requirements for Certification Under Program- An individual may not be
certified as having completed the training program established under this
section unless the individual meets the following requirements:
`(1) The individual has completed not fewer than 8 hours of training not
later than 2 months prior to the date of the election for which the individual
will serve as an election official.
`(2) If the polling place at which the individual will serve as an election
official uses an electronic or electromechanical voting system, the individual
has been trained to check the system's calibration, power status, and other
mechanical features affecting the ability of the system to function properly.
`(3) The individual meets such other requirements as the Commission may
establish.'.
(B) 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. 299F. Poll worker training program.'.
(b) 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 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. 329. 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, 2007.'.
(B) CLERICAL AMENDMENT- The table of contents for subtitle C of title
III of such Act, as added by this Act, is amended by adding at the end
the following new item:
`Sec. 329. Requiring use of publicly available open source software in voting
machines.'.
(2) ESTABLISHMENT OF STANDARDS-
(A) 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. 299G. 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 by this Act, is amended by adding at the end
the following new item:
`Sec. 299G. Standards for publicly available open source software in voting
machines.'.
(c) Standards for Recounting Ballots-
(1) REQUIRING STATES TO MEET STANDARDS FOR RECOUNTS-
(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. 329A. STANDARDS FOR CONDUCTING RECOUNTS.
`(a) In General- In conducting any recount with respect to any election for
Federal office in the State, the State shall meet the standards established
by the Commission under section 299H.
`(b) Effective Date- Each State shall be required to comply with the requirements
of this section on and after January 1, 2007.'.
(B) CLERICAL AMENDMENT- The table of contents for subtitle C of title
III of such Act, as added by this Act, is amended by adding at the end
the following new item:
`Sec. 329A. Standards for conducting recounts.'.
(2) ESTABLISHMENT OF STANDARDS-
(A) 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. 299H. STANDARDS FOR RECOUNTS IN FEDERAL ELECTIONS.
`The Commission shall establish standards for the conducting of a recount
of the results of any election for Federal office, including standards for
determining who may request a recount, who may witness the recount, and the
deadline for completing the recount (which, in the case of an election for
electors for the President and Vice President, may not be later than 7 business
days prior to the deadline referred to in section 12 of title 3, United States
Code, for the receipt by the President of the Senate of the certificates of
votes and lists referred to in sections 9 and 11 of such title). '.
(B) 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. 299H. Standards for recounts in Federal elections.'.
(d) 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 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. 329B. 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 299I 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, 2007.'.
(B) CLERICAL AMENDMENT- The table of contents for subtitle C of title
III of such Act, as added by this Act, is amended by adding at the end
the following new item:
`Sec. 329B. 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 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. 299I. 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 by this Act, is amended by adding at the end
the following new item:
`Sec. 299I. Standards for prohibiting conflicts of interest of entities
involved in manufacture, distribution, or other activities relating to voting
machines.'.
SEC. 18. AUTHORIZATION OF APPROPRIATIONS.
Subsection (a) of section 257 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:
`(4) For fiscal year 2006, $2,000,000,000.
`(5) For each fiscal year after 2006, such sums as are necessary.'.
SEC. 19. EFFECTIVE DATE.
This Act and the amendments made by this Act shall take effect on January
1, 2007.
END
