Voter Protection Act of 2005 - Amends the Help America Vote Act of 2002 concerning: (1) requirements for voters who register other than in person with an officer or employee of a State or local Government entity: (2) removal of registrants from voting rolls for failure to vote; (3) use of Social Security numbers for voter registration and election administration; (4) synchronization of State databases; (5) incomplete registration forms: (6) requirements for submission of registration forms by third parties; (7) voter rolls; (8) return of absentee ballots; (9) identification requirement; (10) identification at the polls; (11) payments for free photo identification; (12) authorization of appropriations; (13) counting of provisional ballots; (14) applications for absentee ballots; (15) pilot program for use of indelible ink at polling places; and (16) various criminal penalties.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 414 Introduced in Senate (IS)]
109th CONGRESS
1st Session
S. 414
To amend the Help America Vote Act of 2002 to protect the right of
Americans to vote through the prevention of voter fraud, and for other
purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 17, 2005
Mr. McConnell (for himself and Mr. Bond) introduced the following bill;
which was read twice and referred to the Committee on Rules and
Administration
_______________________________________________________________________
A BILL
To amend the Help America Vote Act of 2002 to protect the right of
Americans to vote through the prevention of voter fraud, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Voter Protection
Act of 2005''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
TITLE I--VOTER REGISTRATION AND MAINTENANCE OF OFFICIAL LISTS OF
REGISTERED VOTERS
Sec. 101. Requirements for voters who register other than in person
with an officer or employee of a State or
local government entity.
Sec. 102. Removal of registrants from voting rolls for failure to vote.
Sec. 103. Use of social security numbers for voter registration and
election administration.
Sec. 104. Synchronization of State databases.
Sec. 105. Incomplete registration forms.
Sec. 106. Requirements for submission of registration forms by third
parties.
TITLE II--VOTING
Sec. 201. Voter rolls.
Sec. 202. Return of absentee ballots.
Sec. 203. Identification requirement.
Sec. 204. Clarification of counting of provisional ballots.
Sec. 205. Applications for absentee ballots.
Sec. 206. Pilot program for use of indelible ink at polling places.
TITLE III--CRIMINAL PENALTIES
Sec. 301. Penalty for making expenditures to persons to register.
Sec. 302. Penalty for conspiracy to influence voting.
Sec. 303. Penalty for destruction of property with intent to impede the
act of voting.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) There is a need for Congress to encourage and enable
every eligible and registered American to vote.
(2) There is a need for Congress to protect the franchise
of all Americans by rooting out the potential for fraud in the
electoral system.
(3) There is a need for Congress to provide States the
tools necessary to protect against fraud in multiple,
fictitious, and ineligible voter registrations.
(4) There is a need for Congress to ensure completed and
valid voter registration forms are returned for processing so
as to not disenfranchise voters who believe they have been
properly registered.
(5) There is a need for Congress to provide States the
tools necessary to protect against any American casting more
than one ballot and ensuring poll workers are equipped to
identify those who voted prior to election day.
(6) There is a need for Congress to ensure the accuracy,
integrity, and fairness of every American election.
(7) There is a need for Congress to ensure the protection
of every American's franchise is carried out in a uniform and
nondiscriminatory manner.
TITLE I--VOTER REGISTRATION AND MAINTENANCE OF OFFICIAL LISTS OF
REGISTERED VOTERS
SEC. 101. REQUIREMENTS FOR VOTERS WHO REGISTER OTHER THAN IN PERSON
WITH AN OFFICER OR EMPLOYEE OF A STATE OR LOCAL
GOVERNMENT ENTITY.
(a) In General.--
(1) Application of requirements to voters registering other
than in person.--Subparagraph (A) of section 303(b)(1) of the
Help America Vote Act of 2002 (42 U.S.C. 15483(b)(1)(A)) is
amended to read as follows:
``(A) the individual registered to vote in a
jurisdiction in a manner other than appearing in person
before an officer or employee of a State or local
government entity; and''.
(2) Meaning of in person.--Paragraph (1) of section 303(b)
of such Act is amended by inserting at the end the following:
``For purposes of subparagraph (A), an individual shall not be
considered to have registered in person if the registration is
submitted to an officer or employee of a State or local
government entity by a person other than the person whose name
appears on the voter registration form.''.
(3) Conforming amendments.--
(A) The heading for subsection (b) of section 303
of such Act is amended by striking ``who register by
mail'' and inserting ``who do not register in person''.
(B) The heading for section 303 of such Act is
amended by striking ``requirements for voters who
register by mail'' and inserting ``voter registration
requirements''.
(b) Effective Date.--
(1) In general.--The amendments made by this section shall
apply on and after January 1, 2006.
(2) Conforming amendments.--
(A) Paragraph (2) of section 303(d) of the Help
America Vote Act of 2002 (42 U.S.C. 15483(d)(2)) is
amended by inserting at the end the following new
subparagraph:
``(C) Applicability with respect to individuals who
register other than in person.--Notwithstanding
subparagraphs (A) and (B)--
``(i) each State and jurisdiction shall be
required to comply with the provisions of
subsection (b) with respect to individuals who
register to vote in a jurisdiction in a manner
other than appearing in person before an
officer or employee of a State or local
government entity on and after January 1, 2006;
and
``(ii) the provisions of subsection (b)
shall apply to any individual who registers to
vote in a jurisdiction in a manner other than
appearing in person before an officer or
employee of a State or local government on and
after January 1, 2006.''.
(B) The heading for paragraph (2) of section 303(d)
of such Act is amended by striking ``who register by
mail''.
(C) Subparagraph (A) of section 303(d)(2) of such
Act is amended by inserting ``with respect to
individuals who register by mail'' after ``subsection
(b)''.
(D) Subparagraph (B) of section 303(d)(2) of such
Act is amended by inserting ``by mail'' after
``registers to vote''.
SEC. 102. REMOVAL OF REGISTRANTS FROM VOTING ROLLS FOR FAILURE TO VOTE.
(a) In General.--Section 8 of the National Voter Registration Act
of 1994 (42 U.S.C. 1973gg-6) is amended by redesignating subsections
(h), (i), and (j) as subsections (i), (j), and (k), respectively, and
by inserting after subsection (g) the following new subsection:
``(h) Failure to Vote.--Except as otherwise provided in subsection
(d), a State shall not remove the name of a registrant from the
official list of eligible voters in elections for Federal office on the
ground that the registrant has failed to vote unless--
``(1) the registrant has not voted or appeared to vote in 2
consecutive general elections for Federal office; and
``(2)(A) the registrant has not notified the applicable
registrar (in person or in writing) during the period described
in subparagraph (A) that the individual intends to remain
registered in the registrar's jurisdiction; and
``(B) the applicable registrar has sent a notice which
meets the requirements of paragraph (d)(2) and the notice is
undeliverable.''.
(b) Conforming Amendments.--
(1) Section 8(a)(4) of the National Voter Registration Act
of 1993 (42 U.S.C. 1973gg-6(a)(4)) is amended by striking
``or'' at the end of subparagraph (A), by inserting ``or'' at
the end of subparagraph (B), and by adding at the end the
following new subparagraph:
``(C) a failure to vote in 2 consecutive general
elections for Federal office, in accordance with
subsection (h) of this section;''.
(2) Section 8(b) of the National Voter Registration Act of
1993 (42 U.S.C. 1973gg-6(b)) is amended by striking ``roll for
elections for Federal office'' and all that follows and
inserting the following ``roll for elections for Federal office
shall be uniform, nondiscriminatory, and in compliance with the
Voting Rights Act of 1965 (42 U.S.C. 1973 et seq.).''.
SEC. 103. USE OF SOCIAL SECURITY NUMBERS FOR VOTER REGISTRATION AND
ELECTION ADMINISTRATION.
(a) In General.--Section 205(c)(2) of the Social Security Act (42
U.S.C. 405(c)(2)) is amended by adding at the end the following new
subparagraph:
``(I)(i) It is the policy of the United States that
any State (or political subdivision thereof) may, in
the administration of any voter registration or other
election law, use the social security account numbers
issued by the Commissioner of Social Security for the
purpose of establishing the identification of
individuals affected by such law, and may require any
individual who is, or appears to be, so affected to
furnish to such State (or political subdivision
thereof) or any agency thereof having administrative
responsibility for the law involved, the social
security account number (or numbers, if such individual
has more than one such number) issued to such
individual by the Commissioner of Social Security.
``(ii) For purposes of clause (i), an agency of a
State (or political subdivision thereof) charged with
the administration of any voter registration or other
election law that did not use the social security
account number for identification under a law or
regulation adopted before January 1, 2005, may require
an individual to disclose his or her social security
number to such agency solely for the purpose of
administering the laws referred to in such clause.
``(iii) If, and to the extent that, any provision
of Federal law enacted before the date of enactment of
the Voter Protection Act of 2005 is inconsistent with
the policy set forth in clause (i), such provision
shall, on and after the date of the enactment of such
Act, be null, void, and of no effect.''.
(b) Construction.--Nothing in this section or the amendment made by
this section may be construed to supersede any privacy guarantee under
any Federal or State law that applies with respect to a social security
number.
SEC. 104. SYNCHRONIZATION OF STATE DATABASES.
(a) In General.--Subparagraph (A) of section 303(a)(1) of the Help
America Vote Act of 2002 (42 U.S.C. 15483(a)(1)(A)) is amended by
adding at the end the following:
``(ix) The computerized list shall be in a
format which allows for sharing and
synchronization with other State computerized
lists.''.
(b) Effective Date.--
(1) In general.--Paragraph (1) of section 303(d) of the
Help America Vote Act of 2002 (42 U.S.C. 15483(d)(1)) is
amended by adding at the end the following:
``(C) Synchronization of databases.--Each State and
jurisdiction shall be required to comply with the
requirements of subsection (a)(1)(A)(ix) on and after
January 1, 2007.''.
(2) Conforming amendment.--Subparagraph (A) of section
303(d)(1) of the Help America Vote Act of 2002 (42 U.S.C.
15483(d)(1)(A)) is amended by striking ``subparagraph (B)'' and
inserting ``subparagraphs (B) and (C)''.
SEC. 105. INCOMPLETE REGISTRATION FORMS.
(a) In General.--Subparagraph (B) of section 303(b)(4) of the Help
America Vote Act of 2002 (42 U.S.C. 15483(b)(4)(B)) is amended to read
as follows:
``(B) Incomplete forms.--If an applicant for voter
registration fails to answer the question included on
the mail voter registration form pursuant to
subparagraph (A)(i), the registrar shall return the
incomplete voter registration form to the applicant and
provide the applicant with an opportunity to complete
the registration form.''.
(b) Effective Date.--The amendment made by this section shall apply
to any individual who registers to vote on or after January 1, 2006.
SEC. 106. REQUIREMENTS FOR SUBMISSION OF REGISTRATION FORMS BY THIRD
PARTIES.
(a) In General.--Section 303 of the Help America Vote Act of 2002
(42 U.S.C. 15483(b)), as amended by this Act, is amended by
redesignating subsection (d) as subsection (e) and by inserting after
subsection (c) the following new subsection:
``(d) Requirements for Submission or Registration Forms by Third
Parties.--Notwithstanding section 8(a) of the National Voter
Registration Act of 1993 (42 U.S.C. 1973gg-6(a)), no State shall
register any person to vote in an election for Federal office if the
registration form is submitted--
``(1) by a person other than the person whose name appears
on such form; and
``(2) more than 3 days after the date on which such form
was signed by the registrant.''.
(b) Conforming Amendment.--Section 906(a) of the Help America Vote
Act of 2002 (42 U.S.C. 15545(a)) is amended by striking ``section
303(b)'' and inserting ``subsections (b) and (d) of section 303''.
(c) Effective Date.--Subsection (e) of section 303 of the Help
America Vote Act of 2002 (42 U.S.C. 15483(d)), as redesignated by
subsection (a), is amended by adding at the end the following new
paragraph:
``(3) Requirement for submission of registration forms by
third parties.--Each State shall be required to comply with the
requirements of subsection (d) on and after January 1, 2006.''.
TITLE II--VOTING
SEC. 201. VOTER ROLLS.
(a) In General.--Title III of the Help America Vote Act of 2002 (42
U.S.C. 15481 et seq.) is amended by redesignating sections 304 and 305
as sections 305 and 306, respectively, and by inserting after section
303 the following new section:
``SEC. 304. VOTER ROLLS.
``(a) In General.--If a State allows early voting or absentee
voting for a Federal office, then such State shall be required to
ensure that the voter rolls at each polling location on the day of the
election accurately and affirmatively indicate--
``(1) which individuals have voted prior to such day; and
``(2) which individuals have requested an absentee ballot
for such election.
``(b) Rule for Persons Not Voting in Person.--For purposes of
subsection (a)(1), a State shall affirmatively indicate that an
individual who has not voted in person has voted if the State has
received a ballot from such individual prior to the day of the
election.
``(c) Effective Date.--Each State and jurisdiction shall be
required to comply with the requirements of this section on and after
January 1, 2006.''.
(b) Conforming Amendment.--Section 401 of the Help America Vote Act
of 2002 (42 U.S.C. 15511) is amended by striking ``and 303'' and
inserting ``303, and 304''.
SEC. 202. RETURN OF ABSENTEE BALLOTS.
(a) In General.--Title III of the Help America Vote Act of 2002 (42
U.S.C. 15481 et seq.), as amended by this Act, is amended by
redesignating sections 305 and 306 as sections 306 and 307,
respectively, and by inserting after section 304 the following new
section.
``SEC. 305. RETURN OF ABSENTEE BALLOTS.
``(a) In General.--Except as provided in the Uniformed and Overseas
Citizens Absentee Voting Act, each absentee ballot cast for a Federal
office must be received by the State by the close of business on the
day of the election in order to be counted as a valid ballot.
``(b) Effective Date.--Each State and jurisdiction shall be
required to comply with the requirements of subsection (a) on and after
January 1, 2006.''.
(b) Conforming Amendment.--Section 401 of the Help America Vote Act
of 2002 (42 U.S.C. 15511), as amended by this Act, is amended by
striking ``and 304'' and inserting ``304, and 305''.
SEC. 203. IDENTIFICATION REQUIREMENT.
(a) Requirement for Voters Who Register by Mail and Other Than in
Person.--
(1) In general.--Subparagraph (A) of section 303(b)(2) of
the Help America Vote Act of 2002 (42 U.S.C. 15483(b)(2)(A)) is
amended--
(A) in clause (i)--
(i) by inserting ``issued by a government
entity'' after ``identification'' in subclause
(I); and
(ii) by striking ``current utility bill,
bank statement, government check, paycheck, or
other'' in subclause (II) and inserting
``recent''; and
(B) in clause (ii) --
(i) by inserting ``issued by a government
entity'' after ``identification'' in subclause
(I); and
(ii) by striking ``current utility bill,
bank statement, government check, paycheck, or
other'' in subclause (II) and inserting
``recent''.
(2) Inapplicability.--Paragraph (3) of section 303(b) of
the Help America Vote Act of 2002 (42 U.S.C. 15483(b)(3)) is
amended--
(A) in subparagraph (A)--
(i) by striking ``part of such'' and
inserting ``a requirement for a valid'';
(ii) by inserting ``issued by a government
entity'' after ``identification'' in clause
(i); and
(iii) by striking ``current utility bill,
bank statement, government check, paycheck, or
other'' in clause (ii) and inserting
``recent''; and
(B) in subparagraph (B)(i), by striking ``with
such'' and inserting ``as a requirement for a valid''.
(3) Effective date.--The amendments made by this subsection
shall apply to individuals who register to vote on and after
January 1, 2006, and each State and jurisdiction shall be
required to comply with the requirements of section 303(b) of
the Help America Vote Act of 2002, as amended by this section,
on and after January 1, 2006.
(b) New Requirement for Individuals Voting in Person.--
(1) In general.--Title III of the Help America Vote Act of
2002 (42 U.S.C. 15481 et seq.), as amended by this Act, is
amended by redesignating sections 306 and 307 as sections 307
and 308, respectively, and by inserting after section 305 the
following new section:
``SEC. 306. IDENTIFICATION OF VOTERS AT THE POLLS.
``(a) In General.--Notwithstanding the requirements of section
303(b), each State shall require individuals casting ballots in an
election for Federal office in person to present a current valid photo
identification issued by a governmental entity before voting.
``(b) Effective Date.--Each State shall be required to comply with
the requirements of subsection (a) on and after January 1, 2006.''.
(2) Conforming amendment.--Section 401 of the Help America
Vote Act of 2002 (42 U.S.C. 15511), as amended by this Act, is
amended by striking ``and 305'' and inserting ``305, and 306''.
(c) Funding for Free Photo Identifications.--Subtitle D of title II
of the Help America Vote Act of 2002 (42 U.S.C. 15401 et seq.) is
amended by adding at the end the following:
``PART 7--PHOTO IDENTIFICATION
``SEC. 297. PAYMENTS FOR FREE PHOTO IDENTIFICATION.
``(a) In General.--In addition to any other payments made under
this subtitle, the Election Assistance Commission shall make payments
to States to promote the issuance to registered voters of free photo
identifications for purposes of meeting the identification requirements
of sections 303(b)(2) and 306.
``(b) Eligibility.--A State is eligible to receive a grant under
this part if it submits to the Commission (at such time and in such
form as the Commission may require) an application containing--
``(1) a statement that the State intends to comply with the
requirements of section 303(b) and section 306; and
``(2) a description of how the State intends to use the
payment under this part to provide registered voters with free
photo identifications to meet the requirements of such
sections.
``(c) Use of Funds.--A State receiving a payment under this part
shall use the payment only to provide free photo identification cards
to registered voters who do not have an identification card that meets
the requirements of sections 303(b) and 306.
``(d) Allocation of Funds.--
``(1) In general.--The amount of the grant made to a State
under this part for a year shall be equal to the product of--
``(A) the total amount appropriated for payments
under this part for the year under section 298; and
``(B) an amount equal to--
``(i) the voting age population of the
State (as reported in the most recent decennial
census); divided by
``(ii) the total voting age of all eligible
States which submit an application for payments
under this part (as reported in the most recent
decennial census).
``SEC. 298. AUTHORIZATION OF APPROPRIATIONS.
``(a) In General.--In addition to any other amounts authorized to
be appropriated under this subtitle, there are authorized to be
appropriated $25,000,000 for fiscal year 2006 and such sums as are
necessary for each subsequent fiscal year for the purpose of making
payments under section 297.
``(b) Availability.--Any amounts appropriated pursuant to the
authority of this section shall remain available until expended.''.
SEC. 204. CLARIFICATION OF COUNTING OF PROVISIONAL BALLOTS.
(a) In General.--Paragraph (4) of section 302(a) of the Help
America Vote Act of 2002 (42 U.S.C. 15482(a)(4)) is amended by adding
at the end the following new sentence: ``For purposes of this
paragraph, the determination of whether an individual is eligible under
State law to vote shall take into account any provision of State law
with respect to the polling site at which the individual is required to
vote.''.
(b) Conforming Amendment.--
(1) Paragraph (1) of section 302(a) of the Help America
Vote Act of 2002 (42 U.S.C. 15482(a)(1)) is amended to read as
follows:
``(1) An election official at the polling place shall--
``(A) notify the individual that the individual may
cast a provisional ballot in that election; and
``(B) in the case of an individual who the election
official asserts is not eligible to vote under State
law because the individual is at an incorrect polling
site, direct the individual to the appropriate polling
site.''.
(2) Paragraph (2) of section 302(a) of the Help America
Vote Act of 2002 (42 U.S.C. 15482(a)(2)) is amended by striking
``The individual'' and inserting ``Notwithstanding the
requirement of paragraph (1)(B), the individual''.
SEC. 205. APPLICATIONS FOR ABSENTEE BALLOTS.
(a) In General.--Title III of the Help America Vote Act of 2002 (42
U.S.C. 15481 et seq.), as amended by this Act, is amended by
redesignating sections 307 and 308 as sections 308 and 309,
respectively, and by inserting after section 306 the following new
section:
``SEC. 307. APPLICATIONS FOR ABSENTEE BALLOTS.
``(a) In General.--An application for an absentee ballot for an
election for Federal office may not be accepted and processed by a
State unless the application includes--
``(1) in the case of an applicant who has been issued a
current and valid driver's license, the applicant's driver's
license number; or
``(2) in the case of any other applicant--
``(A) a photo copy of a current and valid photo
identification issued by a government entity;
``(B) at least the last 4 digits of the applicant's
social security number; or
``(C) the number assigned to such individual under
section 303(a)(5)(A)(ii).
``(b) Effective Date.--Each State shall be required to comply with
the requirements of subsection (a) on and after January 1, 2006.''.
(b) Conforming Amendment.--Section 401 of the Help America Vote Act
of 2002 (42 U.S.C. 15511), as amended by this Act, is amended by
striking ``and 306'' and inserting ``306, and 307''.
SEC. 206. PILOT PROGRAM FOR USE OF INDELIBLE INK AT POLLING PLACES.
Subtitle D of title II of the Help America Vote Act of 2002 (42
U.S.C. 15401 et seq.), as amended by this Act, is amended by adding at
the end the following:
``PART 8--PILOT PROGRAM FOR USE OF INDELIBLE INK AT POLLING PLACES
``SEC. 299. PILOT PROGRAM.
``(a) In General.--The Commission shall make grants to States to
carry out pilot programs under which each voter in an election for
Federal office in a State is marked with indelible ink after submitting
a ballot.
``(b) Eligibility.--A State is eligible to receive a grant under
this part if it submits to the Commission, at such time and in such
form as the Commission may require, an application containing such
information as the Commission may require.
``(c) Report.--
``(1) In general.--Each State which receives a grant under
this part shall submit to the Commission a report describing
the activities carried out with the funds provided under the
grant.
``(2) Deadline.--A State shall submit the report required
under paragraph (1) not later than 60 days after the end of the
fiscal year for which the State received the grant which is the
subject of the report.
``SEC. 300. AUTHORIZATION OF APPROPRIATIONS.
``(a) In General.--There are authorized to be appropriated for
grants under this part $5,000,000 for fiscal year 2006 and such sums as
are necessary for each succeeding fiscal year.
``(b) Availability.--Any amounts appropriated pursuant to the
authority of this section shall remain available, without fiscal year
limitation, until expended.''.
TITLE III--CRIMINAL PENALTIES
SEC. 301. PENALTY FOR MAKING EXPENDITURES TO PERSONS TO REGISTER.
Section 597 of title 18, United States Code, is amended by
inserting ``to register him to vote,'' after ``either''.
SEC. 302. PENALTY FOR CONSPIRACY TO INFLUENCE VOTING.
Section 597 of title 18, United States Code, as amended by this
Act, is amended by striking ``makes or offers to make'' and inserting
``makes, offers to make, or conspires to make''.
SEC. 303. PENALTY FOR DESTRUCTION OF PROPERTY WITH INTENT TO IMPEDE THE
ACT OF VOTING.
Section 594 of title 18, United States Code, is amended--
(1) by inserting ``(a)'' before ``Whoever''; and
(2) by adding at the end the following:
``(b) Whoever destroys or damages any property with the intent to
prevent or impede an individual from voting in an election for the
office of President, Vice President, Presidential elector, Member of
the Senate, Member of the House of Representatives, Delegate from the
District of Columbia, or Resident Commissioner, shall be fined under
this title, imprisoned for not more than 2 years, or both.''.
<all>
Introduced in Senate
Sponsor introductory remarks on measure. (CR S1625,1627)
Read twice and referred to the Committee on Rules and Administration. (text of measure as introduced: CR S1627-1629)
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