Voter Empowerment Act of 2012 - Voter Registration Modernization Act of 2012 - Amends the National Voter Registration Act of 1993 (NVRA) to require each state to make available official public websites for online voter registration.
Authorizes automated voter registration of certain individuals and establishes other initiatives to promote voter registration, such as same day registration and voter registration of individuals under 18 years of age.
Amends the federal criminal code to prohibit hindering, interfering with, or preventing voter registration.
Amends the Help America Vote Act of 2002 (HAVA) to establish requirements for states to promote access to voter registration and voting for individuals with disabilities, including a single office for providing related information.
Directs the Election Assistance Commission (EAC) to make grants to eligible states to conduct pilot programs enabling individuals with disabilities to register to vote and vote privately and independently at their own residences (including by telephone).
Amends HAVA to reauthorize the program of grants to state and local governments to assure voting access for individuals with disabilities.
Amends the federal criminal code to prohibit state or local election officials from preventing an individual from registering or voting in any federal election (voter caging), or from permitting a formal challenge under state law to an individual's registration status or eligibility to vote, if the basis for such decision is evidence consisting of: (1) a voter caging document or voter caging list, (2) an unverified match list, (3) an error or omission on voter application or registration documents that is not material to an individual's eligibility to vote, or (4) any other evidence so designated by the Commission.
Amends the federal criminal code to prohibit a person, including an election official, from knowingly and willfully attempting to or depriving or defrauding the residents of a state of their free and fair exercise of the right to vote by the communication of election-related information that is known by the person to be materially false, fictitious, or fraudulent. Increases the penalty for voter intimidation.
Declares that the right of an individual U.S. citizen to vote in any federal election shall not be denied or abridged because that individual has been convicted of a criminal offense unless he or she is serving a felony sentence in a correctional institution at the time of the election. Prescribes enforcement of this right by public or private civil action.
Requires each state to notify in writing any individual convicted of a criminal offense under state law, upon release from state custody or upon sentence to probation, that he or she has the right to vote in a federal election and so may register to vote.
Voter Confidence and Increased Accessibility Act of 2012 - Amends HAVA to revise requirements for the audit capacity of voting systems, particularly those for a permanent paper record.
Requires the voting system to require the use of an individual, durable, voter-verified paper ballot of the voter's vote that shall be marked and made available for inspection by the voter before the voter's vote is cast and counted, and which shall be counted by hand or read by an optical character recognition device or other counting device. Requires the voting system to provide the voter with an opportunity to correct any system-made error in the voter-verified paper ballot before it is permanently preserved.
Requires the Director of the National Science Foundation (NSF) to make grants to eligible entities to study, test, and develop accessible ballot voting, verification, and casting mechanisms and devices and best practices to enhance the accessibility of paper ballot voting and verification mechanisms for individuals with disabilities, for voters whose primary language is not English, and for voters with difficulties in literacy.
Prescribes requirements for: (1) publication of poll tapes, (2) treatment of ballots cast at early voting sites and of absentee ballots, and (3) the counting of provisional ballots that will be treated as votes.
Prescribes laboratory conflict-of-interest requirements and prohibitions.
Requires the NSF Director to make grants to eligible entities to conduct research on the development of election-dedicated voting system software.
Requires each state, except when the winning candidate had no opponent or received 80% or more of the votes, to administer audits of federal election results, without advance notice to the precincts selected, consisting of random hand counts of the voter-verified paper ballots.
Requires the Election Auditor of a state, as soon as practicable after the completion of an audit, to submit the results to EAC for publication.
Prohibits certification of the results of any election until completion of audits.
Amends HAVA to: (1) add requirements for counting provisional ballots, (2) require each state to allow early voting and facilitate the ability of voters to vote by mail.
Amends the Servicemembers Civil Relief Act to extend the guarantee of voting residency to family members of absent military personnel.
Amends the Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA) with respect to pre-election reports on availability and transmission of absentee ballots.
Revises the 45-day absentee ballot transmission rule.
Permits: (1) use of a single absentee ballot application for subsequent elections, and (2) application of the UOCAVA to Commonwealth of Northern Mariana Islands.
Entitles to leave a federal employee who serves as a poll worker.
Directs the EAC to: (1) make a grant to each eligible state for poll-worker recruitment and training, and (2) develop materials for a model state poll worker training program.
Amends HAVA to make available to any person aggrieved by a violation of uniform and nondiscriminatory election technology and administration requirements the option to file a complaint with the Attorney General or pursue a private right of action to enforce such requirements.
Amends the Federal Election Campaign Act of 1971 to make it unlawful for a chief state election administration official, unless he or she or a family member is a candidate, to take an active part in political management or in a political campaign for federal office over which such official has supervisory authority.
Amends the NVRA to treat universities as voter registration agencies.
Amends the HAVA to establish minimum notification requirements on behalf of voters affected by polling place changes.
Directs the Attorney General to: (1) coordinate the establishment of a state-based response system for responding to questions and complaints from individuals voting or seeking to vote, or registering to vote or seeking to, in federal elections; (2) establish and operate a toll-free telephone service to connect directly to such response system; and (3) appoint a Voter Hotline Task Force.
Amends HAVA to: (1) reauthorize and extend the EAC, and (2) repeal its exemption from certain government contracting requirements.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5799 Introduced in House (IH)]
112th CONGRESS
2d Session
H. R. 5799
To modernize voter registration, promote access to voting for
individuals with disabilities, protect the ability of individuals to
exercise the right to vote in elections for Federal office, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 17, 2012
Mr. Lewis of Georgia (for himself, Mr. Clyburn, Mr. Hoyer, Mr. Brady of
Pennsylvania, Mr. Conyers, Mr. Baca, Ms. Bass of California, Mr.
Becerra, Mr. Bishop of Georgia, Mr. Blumenauer, Ms. Bonamici, Ms.
Bordallo, Mr. Braley of Iowa, Ms. Brown of Florida, Mr. Butterfield,
Mr. Carnahan, Mr. Carson of Indiana, Ms. Castor of Florida, Mrs.
Christensen, Ms. Chu, Mr. Cicilline, Mr. Clarke of Michigan, Ms. Clarke
of New York, Mr. Clay, Mr. Cleaver, Mr. Cohen, Mr. Connolly of
Virginia, Mr. Courtney, Mr. Crowley, Mr. Cummings, Mrs. Davis of
California, Mr. Davis of Illinois, Mr. DeFazio, Ms. DeGette, Ms.
DeLauro, Mr. Deutch, Mr. Dingell, Mr. Doyle, Ms. Edwards, Mr. Ellison,
Mr. Engel, Ms. Eshoo, Mr. Farr, Mr. Fattah, Mr. Filner, Ms. Fudge, Mr.
Gonzalez, Mr. Al Green of Texas, Mr. Gene Green of Texas, Mr. Grijalva,
Mr. Gutierrez, Ms. Hahn, Ms. Hanabusa, Mr. Hastings of Florida, Mr.
Higgins, Mr. Hinchey, Mr. Hinojosa, Ms. Hirono, Mr. Holt, Mr. Honda,
Mr. Israel, Mr. Jackson of Illinois, Ms. Jackson Lee of Texas, Mr.
Johnson of Georgia, Ms. Eddie Bernice Johnson of Texas, Ms. Kaptur, Mr.
Kildee, Mr. Kind, Mr. Langevin, Mr. Larsen of Washington, Mr. Larson of
Connecticut, Ms. Lee of California, Mr. Levin, Ms. Zoe Lofgren of
California, Mr. Lujan, Mrs. Maloney, Ms. Matsui, Mrs. McCarthy of New
York, Ms. McCollum, Mr. McDermott, Mr. Meeks, Mr. George Miller of
California, Ms. Moore, Mr. Nadler, Mrs. Napolitano, Ms. Norton, Mr.
Pascrell, Mr. Peters, Mr. Pierluisi, Ms. Pingree of Maine, Mr. Price of
North Carolina, Mr. Quigley, Mr. Rangel, Mr. Reyes, Ms. Richardson, Mr.
Richmond, Mr. Rothman of New Jersey, Ms. Roybal-Allard, Mr.
Ruppersberger, Mr. Rush, Mr. Ryan of Ohio, Ms. Loretta Sanchez of
California, Ms. Schakowsky, Mr. Schiff, Ms. Schwartz, Mr. Scott of
Virginia, Mr. David Scott of Georgia, Mr. Serrano, Ms. Sewell, Mr.
Sires, Mr. Smith of Washington, Mr. Stark, Mr. Thompson of Mississippi,
Mr. Tonko, Mr. Towns, Mr. Van Hollen, Ms. Velazquez, Ms. Wasserman
Schultz, Ms. Waters, Mr. Watt, Mr. Waxman, Mr. Welch, Ms. Wilson of
Florida, Ms. Woolsey, Mr. Keating, and Mr. Bishop of New York)
introduced the following bill; which was referred to the Committee on
House Administration, and in addition to the Committees on the
Judiciary, Science, Space, and Technology, Veterans' Affairs, Oversight
and Government Reform, and Education and the Workforce, 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 modernize voter registration, promote access to voting for
individuals with disabilities, protect the ability of individuals to
exercise the right to vote in elections for Federal office, 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 Empowerment
Act of 2012''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--VOTER REGISTRATION MODERNIZATION
Sec. 100. Short title.
Subtitle A--Promoting Internet Registration
Sec. 101. Requiring availability of Internet for voter registration.
Sec. 102. Use of Internet to update registration information.
Sec. 103. Provision of election information by electronic mail to
individuals registered to vote.
Sec. 104. Clarification of requirement regarding necessary information
to show eligibility to vote.
Sec. 105. Effective date.
Subtitle B--Automated Registration of Certain Individuals
Sec. 111. Automated voter registration.
Sec. 112. List maintenance, privacy, and security.
Sec. 113. Promoting accuracy of Statewide voter registration lists.
Sec. 114. Definitions.
Sec. 115. Effective date.
Subtitle C--Other Initiatives To Promote Voter Registration
Sec. 121. Same day registration.
Sec. 122. Acceptance of voter registration applications from
individuals under 18 years of age.
Sec. 123. Annual reports on voter registration statistics.
Subtitle D--Availability of HAVA Requirements Payments
Sec. 131. Availability of requirements payments under HAVA to cover
costs of compliance with new requirements.
Subtitle E--Prohibiting Interference With Voter Registration
Sec. 141. Prohibiting hindering, interfering with, or preventing voter
registration.
Sec. 142. Establishment of best practices.
TITLE II--ACCESS TO VOTING FOR INDIVIDUALS WITH DISABILITIES
Sec. 201. Requirements for States to promote access to voter
registration and voting for individuals
with disabilities.
Sec. 202. Pilot programs for enabling individuals with disabilities to
register to vote and vote privately and
independently at residences.
Sec. 203. Expansion and reauthorization of grant program to assure
voting access for individuals with
disabilities.
TITLE III--PROHIBITING VOTER CAGING
Sec. 301. Voter caging and other questionable challenges prohibited.
Sec. 302. Development and adoption of best practices for preventing
voter caging.
Sec. 303. Severability.
TITLE IV--PROHIBITING DECEPTIVE PRACTICES
Sec. 401. Prohibition on deceptive practices in Federal elections.
Sec. 402. Modification of penalty for voter intimidation.
Sec. 403. Sentencing guidelines.
Sec. 404. Reporting violations; corrective action.
TITLE V--DEMOCRACY RESTORATION
Sec. 501. Rights of citizens.
Sec. 502. Enforcement.
Sec. 503. Notification of restoration of voting rights.
Sec. 504. Definitions.
Sec. 505. Relation to other laws.
Sec. 506. Federal prison funds.
Sec. 507. Effective date.
TITLE VI--ACCURACY, INTEGRITY, AND SECURITY OF ELECTIONS
Sec. 600. Short title.
Subtitle A--Promoting Accuracy, Integrity, and Security Through Voter-
Verified Permanent Paper Ballot
Sec. 601. Paper ballot and manual counting requirements.
Sec. 602. Accessibility and ballot verification for individuals with
disabilities.
Sec. 603. Additional voting system requirements.
Sec. 604. Availability of additional funding to enable States to meet
costs of revised requirements.
Sec. 605. Effective date for new requirements.
Subtitle B--Requirement for Mandatory Manual Audits by Hand Count
Sec. 611. Mandatory manual audits.
Sec. 612. Availability of enforcement under Help America Vote Act of
2002.
Sec. 613. Guidance on best practices for alternative audit mechanisms.
Sec. 614. Clerical amendment.
TITLE VII--PROVISIONAL BALLOTS
Sec. 701. Requirements for counting provisional ballots; establishment
of uniform and nondiscriminatory standards.
TITLE VIII--EARLY VOTING AND VOTING BY MAIL
Sec. 801. Early voting and voting by mail.
TITLE IX--ABSENT UNIFORMED SERVICES VOTERS AND OVERSEAS VOTERS
Sec. 901. Extending guarantee of residency for voting purposes to
family members of absent military
personnel.
Sec. 902. Pre-election reports on availability and transmission of
absentee ballots.
Sec. 903. Enforcement.
Sec. 904. Revisions to 45-day absentee ballot transmission rule.
Sec. 905. Use of single absentee ballot application for subsequent
elections.
Sec. 906. Application of UOCAVA to Commonwealth of Northern Mariana
Islands.
Sec. 907. Effective date.
TITLE X--POLL WORKER RECRUITMENT AND TRAINING
Sec. 1001. Leave to serve as a poll worker for Federal employees.
Sec. 1002. Grants to States for poll worker recruitment and training.
Sec. 1003. Model poll worker training program.
Sec. 1004. State defined.
TITLE XI--ENHANCEMENT OF ENFORCEMENT
Sec. 1101. Enhancement of enforcement of Help America Vote Act of 2002.
TITLE XII--FEDERAL ELECTION INTEGRITY
Sec. 1201. Prohibition on campaign activities by chief State election
administration officials.
TITLE XIII--OTHER ELECTION ADMINISTRATION IMPROVEMENTS
Sec. 1301. Treatment of universities as voter registration agencies.
Sec. 1302. Minimum notification requirements for voters affected by
polling place changes.
Sec. 1303. Voter information response systems and hotline.
Sec. 1304. Reauthorization of election assistance commission.
Sec. 1305. Repeal of exemption of Election Assistance Commission from
certain government contracting
requirements.
Sec. 1306. No effect on other laws.
TITLE I--VOTER REGISTRATION MODERNIZATION
SEC. 100. SHORT TITLE.
This title may be cited as the ``Voter Registration Modernization
Act of 2012''.
Subtitle A--Promoting Internet Registration
SEC. 101. REQUIRING AVAILABILITY OF INTERNET FOR VOTER REGISTRATION.
(a) Requiring Availability of Internet for Registration.--The
National Voter Registration Act of 1993 (42 U.S.C. 1973gg et seq.) is
amended by inserting after section 6 the following new section:
``SEC. 6A. INTERNET REGISTRATION.
``(a) Requiring Availability of Internet for Online Registration.--
``(1) Availability of online registration.--Each State,
acting through the chief State election official, shall ensure
that the following services are available to the public at any
time on the official public websites of the appropriate State
and local election officials in the State, in the same manner
and subject to the same terms and conditions as the services
provided by voter registration agencies under section 7(a):
``(A) Online application for voter registration.
``(B) Online assistance to applicants in applying
to register to vote.
``(C) Online completion and submission by
applicants of the mail voter registration application
form prescribed by the Election Assistance Commission
pursuant to section 9(a)(2), including assistance with
providing a signature in electronic form as required
under subsection (c).
``(D) Online receipt of completed voter
registration applications.
``(b) Acceptance of Completed Applications.--A State shall accept
an online voter registration application provided by an individual
under this section, and ensure that the individual is registered to
vote in the State, if--
``(1) the individual meets the same voter registration
requirements applicable to individuals who register to vote by
mail in accordance with section 6(a)(1) using the mail voter
registration application form prescribed by the Election
Assistance Commission pursuant to section 9(a)(2); and
``(2) the individual provides a signature in electronic
form in accordance with subsection (c) (but only in the case of
applications submitted during or after the second year in which
this section is in effect in the State).
``(c) Signatures in Electronic Form.--For purposes of this section,
an individual provides a signature in electronic form by--
``(1) executing a computerized mark in the signature field
on an online voter registration application; or
``(2) submitting with the application an electronic copy of
the individual's handwritten signature through electronic
means.
``(d) Confirmation and Disposition.--
``(1) Confirmation of receipt.--Upon the online submission
of a completed voter registration application by an individual
under this section, the appropriate State or local election
official shall send the individual a notice confirming the
State's receipt of the application and providing instructions
on how the individual may check the status of the application.
``(2) Notice of disposition.--As soon as the appropriate
State or local election official has approved or rejected an
application submitted by an individual under this section, the
official shall send the individual a notice of the disposition
of the application.
``(3) Method of notification.--The appropriate State or
local election official shall send the notices required under
this subsection by regular mail, and, in the case of an
individual who has requested that the State provide voter
registration and voting information through electronic mail, by
both electronic mail and regular mail.
``(e) Provision of Services in Nonpartisan Manner.--The services
made available under subsection (a) shall be provided in a manner that
ensures that, consistent with section 7(a)(5)--
``(1) the online application does not seek to influence an
applicant's political preference or party registration; and
``(2) there is no display on the website promoting any
political preference or party allegiance, except that nothing
in this paragraph may be construed to prohibit an applicant
from registering to vote as a member of a political party.
``(f) Protection of Security of Information.--In meeting the
requirements of this section, the State shall establish appropriate
technological security measures to prevent to the greatest extent
practicable any unauthorized access to information provided by
individuals using the services made available under subsection (a).
``(g) Use of Additional Telephone-Based System.--A State shall make
the services made available online under subsection (a) available
through the use of an automated telephone-based system, subject to the
same terms and conditions applicable under this section to the services
made available online, in addition to making the services available
online in accordance with the requirements of this section.
``(h) Nondiscrimination Among Registered Voters Using Mail and
Online Registration.--In carrying out this Act, the Help America Vote
Act of 2002, or any other Federal, State, or local law governing the
treatment of registered voters in the State or the administration of
elections for public office in the State, a State shall treat a
registered voter who registered to vote online in accordance with this
section in the same manner as the State treats a registered voter who
registered to vote by mail.''.
(b) Special Requirements for Individuals Using Online
Registration.--
(1) Treatment as individuals registering to vote by mail
for purposes of first-time voter identification requirements.--
Section 303(b)(1)(A) of the Help America Vote Act of 2002 (42
U.S.C. 15483(b)(1)(A)) is amended by striking ``by mail'' and
inserting ``by mail or online under section 6A of the National
Voter Registration Act of 1993''.
(2) Requiring signature for first-time voters in
jurisdiction.--Section 303(b) of such Act (42 U.S.C. 15483(b))
is amended--
(A) by redesignating paragraph (5) as paragraph
(6); and
(B) by inserting after paragraph (4) the following
new paragraph:
``(5) Signature requirements for first-time voters using
online registration.--
``(A) In general.--A State shall, in a uniform and
nondiscriminatory manner, require an individual to meet
the requirements of subparagraph (B) if--
``(i) the individual registered to vote in
the State online under section 6A of the
National Voter Registration Act of 1993; and
``(ii) the individual has not previously
voted in an election for Federal office in the
State.
``(B) Requirements.--An individual meets the
requirements of this subparagraph if--
``(i) in the case of an individual who
votes in person, the individual provides the
appropriate State or local election official
with a handwritten signature; or
``(ii) in the case of an individual who
votes by mail, the individual submits with the
ballot a handwritten signature.
``(C) Inapplicability.--Subparagraph (A) does not
apply in the case of an individual who is--
``(i) entitled to vote by absentee ballot
under the Uniformed and Overseas Citizens
Absentee Voting Act (42 U.S.C. 1973ff-1 et
seq.);
``(ii) provided the right to vote otherwise
than in person under section 3(b)(2)(B)(ii) of
the Voting Accessibility for the Elderly and
Handicapped Act (42 U.S.C. 1973ee-
1(b)(2)(B)(ii)); or
``(iii) entitled to vote otherwise than in
person under any other Federal law.''.
(3) Conforming amendment relating to effective date.--
Section 303(d)(2)(A) of such Act (42 U.S.C. 15483(d)(2)(A)) is
amended by striking ``Each State'' and inserting ``Except as
provided in subsection (b)(5), each State''.
(c) Conforming Amendments.--
(1) Timing of registration.--Section 8(a)(1) of the
National Voter Registration Act of 1993 (42 U.S.C. 1973gg-
6(a)(1)) is amended--
(A) by striking ``and'' at the end of subparagraph
(C);
(B) by redesignating subparagraph (D) as
subparagraph (E); and
(C) by inserting after subparagraph (C) the
following new subparagraph:
``(D) in the case of online registration through
the official public website of an election official
under section 6A, if the valid voter registration
application is submitted online not later than the
lesser of 30 days, or the period provided by State law,
before the date of the election (as determined by
treating the date on which the application is sent
electronically as the date on which it is submitted);
and''.
(2) Informing applicants of eligibility requirements and
penalties.--Section 8(a)(5) of such Act (42 U.S.C. 1973gg-
6(a)(5)) is amended by striking ``and 7'' and inserting ``6A,
and 7''.
SEC. 102. USE OF INTERNET TO UPDATE REGISTRATION INFORMATION.
(a) In General.--
(1) Updates to information contained on computerized
statewide voter registration list.--Section 303(a) of the Help
America Vote Act of 2002 (42 U.S.C. 15483(a)) is amended by
adding at the end the following new paragraph:
``(6) Use of internet by registered voters to update
information.--
``(A) In general.--The appropriate State or local
election official shall ensure that any registered
voter on the computerized list may at any time update
the voter's registration information, including the
voter's address and electronic mail address, online
through the official public website of the election
official responsible for the maintenance of the list,
so long as the voter attests to the contents of the
update by providing a signature in electronic form in
the same manner required under section 6A(c) of the
National Voter Registration Act of 1993.
``(B) Processing of updated information by election
officials.--If a registered voter updates registration
information under subparagraph (A), the appropriate
State or local election official shall--
``(i) revise any information on the
computerized list to reflect the update made by
the voter; and
``(ii) if the updated registration
information affects the voter's eligibility to
vote in an election for Federal office, ensure
that the information is processed with respect
to the election if the voter updates the
information not later than the lesser of 7
days, or the period provided by State law,
before the date of the election.
``(C) Confirmation and disposition.--
``(i) Confirmation of receipt.--Upon the
online submission of updated registration
information by an individual under this
paragraph, the appropriate State or local
election official shall send the individual a
notice confirming the State's receipt of the
updated information and providing instructions
on how the individual may check the status of
the update.
``(ii) Notice of disposition.--As soon as
the appropriate State or local election
official has accepted or rejected updated
information submitted by an individual under
this paragraph, the official shall send the
individual a notice of the disposition of the
update.
``(iii) Method of notification.--The
appropriate State or local election official
shall send the notices required under this
subparagraph by regular mail, and, in the case
of an individual who has requested that the
State provide voter registration and voting
information through electronic mail, by both
electronic mail and regular mail.''.
(2) Conforming amendment relating to effective date.--
Section 303(d)(1)(A) of such Act (42 U.S.C. 15483(d)(1)(A)) is
amended by striking ``subparagraph (B)'' and inserting
``subparagraph (B) and subsection (a)(6)''.
(b) Ability of Registrant To Use Online Update To Provide
Information on Residence.--Section 8(d)(2)(A) of the National Voter
Registration Act of 1993 (42 U.S.C. 1973gg-6(d)(2)(A)) is amended--
(1) in the first sentence, by inserting after ``return the
card'' the following: ``or update the registrant's information
on the computerized Statewide voter registration list using the
online method provided under section 303(a)(6) of the Help
America Vote Act of 2002''; and
(2) in the second sentence, by striking ``returned,'' and
inserting the following: ``returned or if the registrant does
not update the registrant's information on the computerized
Statewide voter registration list using such online method,''.
SEC. 103. PROVISION OF ELECTION INFORMATION BY ELECTRONIC MAIL TO
INDIVIDUALS REGISTERED TO VOTE.
(a) Including Option on Voter Registration Application To Provide
E-Mail Address and Receive Information.--
(1) In general.--Section 9(b) of the National Voter
Registration Act of 1993 (42 U.S.C. 1973gg-7(b)) is amended--
(A) by striking ``and'' at the end of paragraph
(3);
(B) by striking the period at the end of paragraph
(4) and inserting ``; and''; and
(C) by adding at the end the following new
paragraph:
``(5) shall include a space for the applicant to provide
(at the applicant's option) an electronic mail address,
together with a statement that, if the applicant so requests,
instead of using regular mail the appropriate State and local
election officials shall provide to the applicant, through
electronic mail sent to that address, the same voting
information (as defined in section 302(b)(2) of the Help
America Vote Act of 2002) which the officials would provide to
the applicant through regular mail.''.
(2) Prohibiting use for purposes unrelated to official
duties of election officials.--Section 9 of such Act (42 U.S.C.
1973gg-7) is amended by adding at the end the following new
subsection:
``(c) Prohibiting Use of Electronic Mail Addresses for Other Than
Official Purposes.--The chief State election official shall ensure that
any electronic mail address provided by an applicant under subsection
(b)(5) is used only for purposes of carrying out official duties of
election officials and is not transmitted by any State or local
election official (or any agent of such an official, including a
contractor) to any person who does not require the address to carry out
such official duties and who is not under the direct supervision and
control of a State or local election official.''.
(b) Requiring Provision of Information by Election Officials.--
Section 302(b) of the Help America Vote Act of 2002 (42 U.S.C.
15482(b)) is amended by adding at the end the following new paragraph:
``(3) Provision of other information by electronic mail.--
If an individual who is a registered voter has provided the
State or local election official with an electronic mail
address for the purpose of receiving voting information (as
described in section 9(b)(5) of the National Voter Registration
Act of 1993), the appropriate State or local election official,
through electronic mail transmitted not later than 7 days
before the date of the election involved, shall provide the
individual with information on how to obtain the following
information by electronic means:
``(A) The name and address of the polling place at
which the individual is assigned to vote in the
election.
``(B) The hours of operation for the polling place.
``(C) A description of any identification or other
information the individual may be required to present
at the polling place.''.
SEC. 104. CLARIFICATION OF REQUIREMENT REGARDING NECESSARY INFORMATION
TO SHOW ELIGIBILITY TO VOTE.
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) Requirement for State To Register Applicants Providing
Necessary Information To Show Eligibility To Vote.--For purposes
meeting the requirement of subsection (a)(1) that an eligible applicant
is registered to vote in an election for Federal office within the
deadlines required under such subsection, the State shall consider an
applicant to have provided a `valid voter registration form' if--
``(1) the applicant has accurately completed the
application form and attested to the statement required by
section 9(b)(2); and
``(2) in the case of an applicant who registers to vote
online in accordance with section 6A, the applicant provides a
signature in accordance with subsection (c) of such section.''.
SEC. 105. EFFECTIVE DATE.
(a) In General.--Except as provided in subsection (b), the
amendments made by this subtitle (other than the amendments made by
section 104) shall take effect January 1, 2014.
(b) Waiver.--Subject to the approval of the Election Assistance
Commission, if a State certifies to the Election Assistance Commission
that the State will not meet the deadline referred to in subsection (a)
because of extraordinary circumstances and includes in the
certification the reasons for the failure to meet the deadline,
subsection (a) shall apply to the State as if the reference in such
subsection to ``January 1, 2014'' were a reference to ``January 1,
2016''.
Subtitle B--Automated Registration of Certain Individuals
SEC. 111. AUTOMATED VOTER REGISTRATION.
(a) Collection of Information by Source Agencies.--
(1) Duties of source agencies.--Each source agency in a
State (as defined in subsection (e)) shall, with each
application for services or assistance by an individual, and
with each recertification, renewal, or change of address
relating to such services or assistance--
(A) notify each such individual of the substantive
qualifications of an elector in the State, using
language approved by the State's chief election
official;
(B) notify each such individual that there is an
opportunity to be registered to vote or update voter
registration, but that voter registration is voluntary,
and that neither registering nor declining to register
to vote will in any way affect the availability of
services or benefits, nor be used for other purposes;
(C) require that each such individual indicate,
after considering the substantive qualification of an
elector in the State, whether or not the person wishes
to be registered;
(D) ensure that each such individual's transaction
with the agency cannot be completed until the
individual has indicated whether he or she wishes to
register to vote; and
(E) for each such individual who consents to using
the individual's records with the source agency to
enable the individual to register to vote under this
section, collect a signed affirmation of eligibility to
register to vote in the State.
(2) No effect on right to decline voter registration.--
Nothing in this subtitle shall be construed to interfere with
the right of any person to decline to be registered to vote for
any reason.
(b) Transfer of Information on Individuals Consenting to Voter
Registration.--
(1) Transfer.--For each individual who notifies the source
agency that the individual consents to voter registration under
this section, the source agency shall transfer to the chief
State election official of the State the following data, to the
extent the data is available to the source agency:
(A) The given name or names and surname or
surnames.
(B) Date of birth.
(C) Residential address.
(D) Mailing address.
(E) Signature, in electronic form.
(F) Date of the last change to the information.
(G) The motor vehicle driver's license number.
(H) The last four digits of the Social Security
number.
(2) Timing of transfer.--The source agency shall transfer
the data described in paragraph (1) to the chief State election
official on a daily basis.
(3) Format.--The data transferred under paragraph (1) shall
be transferred in a format compatible with the Statewide
computerized voter registration list under section 303 of the
Help America Vote Act of 2002.
(4) Prohibiting storage of information.--Any information
collected by the source agency under this section with respect
to an individual who consents to register to vote under this
section may not be stored by the source agency in any form
after the information is transferred to the chief State
election official under paragraph (1).
(c) Registration of Individuals by Chief State Election Official.--
(1) Comparison with statewide voter registration list.--
Upon receiving information from a source agency with respect to
an individual under subsection (b), the chief State election
official shall determine whether the individual is included in
the computerized Statewide voter registration list established
and maintained under section 303 of the Help America Vote Act
of 2002 (42 U.S.C. 15483).
(2) Registration of individuals not on statewide list.--If
an individual for whom information is received from a source
agency under subsection (b) is eligible to vote in elections
for Federal office in the State and is not on the computerized
Statewide voter registration list, the chief State election
official shall--
(A) ensure that the individual is registered to
vote in such elections not later than 5 days after
receiving the information, without regard to whether or
not the information provided by the source agency
includes the individual's signature;
(B) update the Statewide computerized voter
registration list to include the individual; and
(C) notify the individual that the individual is
registered to vote in elections for Federal office in
the State.
(3) Treatment of information incorrectly provided.--If a
source agency provides the chief State election official with
information with respect to an individual who did not consent
to be registered to vote under this section, the chief State
election official shall not take any action to register the
individual to vote, except that no such individual who is
already included on the computerized Statewide voter
registration list shall be removed from the list solely because
the information was incorrectly provided under subsection (b).
(4) No effect on other means of registration.--Nothing in
this section affects a State's obligation to register voters
upon receipt of a valid voter registration application through
means provided by National Voter Registration Act of 1993 (42
U.S.C. 1973gg et seq.), the Internet registration procedure
described in subtitle A, or other valid means.
(5) Individuals in existing records.--No later than January
2015, each individual who is listed in a source agency's
records and for whom there exists reason to believe the
individual is a citizen and not otherwise ineligible to vote
shall be mailed a postage pre-paid return postcard including a
box for the individual to check, together with the statement
(in close proximity to the box and in prominent type), ``By
checking this box, I affirm that I am a citizen of the United
States, am eligible to vote in this State, and will be at least
eighteen years old by the next general election. I understand
that by checking this box, I will be registered to vote if I am
eligible to vote in the State.'', along with a clear
description of the voting eligibility requirements in the
State. The postcard shall also include, where required for
voter registration, a place for the individual's signature and
designation of party affiliation. An individual who checks the
box and returns the completed postcard postmarked not later
than the lesser of the fifteenth day before an election for
Federal office, or the period provided by State law, shall be
registered to vote in that election.
(d) Options for State To Require Special Treatment of Individuals
Registered Automatically.--
(1) Treatment as individuals registering to vote by mail
for purposes of first-time voter identification requirements.--
Section 303(b)(1)(A) of the Help America Vote Act of 2002 (42
U.S.C. 15483(b)(1)(A)), as amended by section 101(b)(1), is
amended by striking ``of 1993'' and inserting ``of 1993 or (at
the option of the State) was registered automatically under
section 111 of the Voter Registration Modernization Act of
2012''.
(2) Requiring signature.--Section 303(b) of such Act (42
U.S.C. 15483(b)), as amended by section 101(b)(2), is amended--
(A) by redesignating paragraph (6) as paragraph
(7); and
(B) by inserting after paragraph (5) the following
new paragraph:
``(5) Option for state to require signature requirements
for first-time voters registered automatically.--
``(A) In general.--A State may, in a uniform and
nondiscriminatory manner, require an individual to meet
the requirements of subparagraph (B) if--
``(i) the individual was registered to vote
in the State automatically under section 111 of
the Voter Registration Modernization Act of
2012; and
``(ii) the individual has not previously
voted in an election for Federal office in the
State.
``(B) Requirements.--An individual meets the
requirements of this subparagraph if--
``(i) in the case of an individual who
votes in person, the individual provides the
appropriate State or local election official
with a handwritten signature; or
``(ii) in the case of an individual who
votes by mail, the individual submits with the
ballot a handwritten signature.
``(C) Inapplicability.--Subparagraph (A) does not
apply in the case of an individual who is--
``(i) entitled to vote by absentee ballot
under the Uniformed and Overseas Citizens
Absentee Voting Act (42 U.S.C. 1973ff-1 et
seq.);
``(ii) provided the right to vote otherwise
than in person under section 3(b)(2)(B)(ii) of
the Voting Accessibility for the Elderly and
Handicapped Act (42 U.S.C. 1973ee-
1(b)(2)(B)(ii)); or
``(iii) entitled to vote otherwise than in
person under any other Federal law.''.
(3) Conforming amendment relating to effective date.--
Section 303(d)(2)(A) of such Act (42 U.S.C. 15483(d)(2)(A)), as
amended by section 101(b)(3), is amended by striking
``subsection (b)(5)'' and inserting ``subsections (b)(5) and
(b)(6)''.
(e) Source Agencies Described.--
(1) In general.--With respect to any State, a ``source
agency'' is--
(A) each State office which is described in
paragraph (2); and
(B) each Federal office which is described in
paragraph (3) which is located in the State, except
that such office shall be a source agency only with
respect to individuals who are residents of the State
in which the office is located.
(2) State offices described.--
(A) In general.--The State offices described in
this paragraph are as follows:
(i) The State motor vehicle authority.
(ii) Each office in the State which is
designated as a voter registration agency in a
State pursuant to section 7(a) of the National
Voter Registration Act of 1993 (42 U.S.C.
1973gg-5(a)).
(iii) Each State agency that administers a
program providing assistance pursuant to
pursuant to title III of the Social Security
Act (42 U.S.C. 501 et seq.).
(iv) Each State agency primarily
responsible for maintaining identifying
information for students enrolled at public
secondary schools in the State, including,
where applicable, the State agency responsible
for maintaining the education data system
described in section 6401(e)(2) of the America
COMPETES Act (20 U.S.C. 9871(e)(2)).
(v) In the case of a State in which an
individual disenfranchised by a criminal
conviction may become eligible to vote upon
completion of criminal sentence or any part
thereof, or upon formal restoration of rights,
the State agency responsible for administering
that sentence, or part thereof, or that
restoration of rights.
(vi) In the case of a State in which an
individual disenfranchised by adjudication of
mental incompetence or similar condition
becomes eligible to register to vote upon the
restoration of competence or similar condition,
each State agency responsible for determining
when competence or a similar condition is met.
(vii) Such other office which may be
designated as a source agency by the chief
State election official of the State.
(B) Criteria for designation of additional source
agencies.--In designating offices of the State as
source agencies for purposes of subparagraph (A)(vii),
the chief State election official shall give priority
on the basis of the following criteria:
(i) The extent to which individuals
receiving services or assistance from the
office are likely to be individuals who are
eligible to register to vote in elections for
Federal office in the State but who are not
registered to vote in such elections.
(ii) The accuracy of the office's records
with respect to identifying information
(including age, citizenship status, and
residency) for individuals receiving services
or assistance from the office.
(iii) The cost-effectiveness of obtaining
such identifying information and transmitting
the information to the chief State election
official.
(iv) The extent to which the designation of
the office as a voter registration agency will
promote the registration of eligible
individuals to vote in elections for Federal
office in the State and the accuracy of the
State's Statewide computerized voter
registration list under the Help America Vote
Act of 2002.
(3) Federal offices described.--The Federal offices
described in this paragraph are as follows:
(A) Armed Forces recruitment offices.
(B) The United States Immigration and Customs
Enforcement Bureau, but only with respect to
individuals who complete the naturalization process.
(C) The Social Security Administration.
(D) The Administrative Office of the United States
Courts, the Federal Bureau of Prisons, and the United
States Probation Service, but only with respect to
individuals completing terms of prison, sentences,
probation, or parole.
(E) The Department of Veterans Affairs, but only
with respect to individuals applying for or using
health care services or services for homeless
individuals.
(F) The Defense Manpower Data Center of the
Department of Defense.
(G) The Indian Health Services of the Department of
Health and Human Services.
(H) The Center for Medicare and Medicaid Services
of the Department of Health and Human Services.
(I) Any other Federal office which designated by a
State (with the consent of the President) as a source
agency with respect to the State.
SEC. 112. LIST MAINTENANCE, PRIVACY, AND SECURITY.
(a) Database Management Standards.--
(1) Database matching standards.--The chief State election
official of each State shall establish standards governing the
comparison of data on the Statewide computerized voter
registration list under section 303 of the Help America Vote
Act of 2002, the data provided by various source agencies under
section 111, and relevant data from other sources, including
the specific data elements and data matching rules to be used
for purposes of determining--
(A) whether a data record from any source agency
represents the same individual as a record in another
source agency or on the Statewide list;
(B) whether a data record from any source agency
represents an individual already registered to vote in
the State;
(C) whether two data records in the Statewide
computerized voter registration list represent
duplicate records for the same individual;
(D) whether a data record supplied by any list
maintenance source represents an individual already
registered to vote in the State; and
(E) which information will be treated as more
current and reliable when data records from multiple
sources present information for the same individual.
(2) Standards for determining ineligibility.--The chief
State election official of a State shall establish uniform and
non-discriminatory standards describing the specific conditions
under which an individual will be determined for list
maintenance purposes to be ineligible to vote in an election
for Federal office in the State.
(b) Privacy and Security Standards.--
(1) Privacy and security policy.--The chief State election
official of a State shall publish and enforce a privacy and
security policy specifying each class of users who shall have
authorized access to the computerized Statewide voter
registration list, specifying for each such class the
permission and levels of access to be granted, and setting
forth other safeguards to protect the privacy and security of
the information on the list. Such policy shall include security
safeguards to protect personal information in the data transfer
process under section 111, the online or telephone interface,
the maintenance of the voter registration database, and audit
procedure to track individual access to the system.
(2) No unauthorized access.--The chief election official of
a State shall establish policies and enforcement procedures to
prevent unauthorized access to or use of the computerized
Statewide voter registration list, any list or other
information provided by a source agency under section 111, or
any maintenance source for the list. Nothing in this paragraph
shall be construed to prohibit access to information required
for official purposes for purposes of voter registration,
election administration, and the enforcement of election laws.
(3) Inter-agency transfers.--
(A) In general.--The chief election official of a
State shall establish policies and enforcement
procedures to maintain security during inter-agency
transfers of information required or permitted under
this subtitle. Each State agency and third party
participating in such inter-agency transfers of
information shall facilitate and comply with such
policies. Nothing in this subparagraph shall prevent a
source agency under section 111 from establishing and
enforcing additional security measures to protect the
confidentiality and integrity of inter-agency data
transfers. No State or local election official shall
transfer or facilitate the transfer of information from
the computerized Statewide voter registration list to
any source agency under section 111.
(B) Transmission through secure third parties
permitted.--Nothing in this section shall be construed
to prevent a source agency under section 111 from
contracting with a third party to assist in the
transmission of data to a chief State election
official, so long as the data transmission complies
with the applicable requirements of this subtitle,
including the privacy and security provisions of this
section.
(4) Records retention.--The chief State election official
of a State shall establish standards and procedures to maintain
all election records required for purposes of this subtitle,
including for the purpose of determining the eligibility of
persons casting provisional ballots under section 302 of the
Help America Vote Act of 2002. Records for individuals who have
been retained on the computerized Statewide voter registration
list under section 301 of such Act but identified as ineligible
to vote in an election for Federal office within the State, or
removed from the list due to ineligibility, shall be maintained
and kept available until at least the date of the second
general election for Federal office that occurs after the date
that the individual was identified as ineligible.
(c) Publication of Standards.--The chief State election official of
a State shall publish on the official's website the standards
established under this section, and shall make those standards
available in written form upon public request.
(d) Protection of Source Information.--The identity of the specific
source agency through which an individual consented to register to vote
under section 111 shall not be disclosed to the public and shall not be
retained after the individual is added to the computerized Statewide
voter registration list.
(e) Confidentiality of Information.--The chief State election
official of a State shall establish policies and enforcement procedures
to ensure that personal information provided by source agencies or
otherwise transmitted under this section is kept confidential and is
available only to authorized users. For purposes of these policies and
procedures, the term ``personal information'' means any of the
following:
(1) Any portion of an individual's Social Security number.
(2) Any portion of an individual's motor vehicle driver's
license number or State identification card number.
(3) An individual's signature.
(4) An individual's personal residence and contact
information (in the case of individuals with respect to whom
such information is required to be maintained as confidential
under State law).
(5) Sensitive information relating to persons in categories
designated confidential by Federal or State law, including
victims of domestic violence or stalking, prosecutors and law
enforcement personnel, and participants in a witness protection
program.
(6) An individual's phone number.
(7) An individual's email address.
(8) Any indication of an individual's status as a citizen
or noncitizen of the United States.
(9) Such other information as the chief State election
official may designate as confidential to the extent reasonably
necessary to prevent identity theft or impersonation, except
that the chief State election official may not designate as
confidential under this subparagraph the name, address, or date
of registration of an individual, or, where applicable, the
self-identified racial or ethnic category of the individual as
applicable under Revisions to OMB Directive Number 15 or
successor directives.
(f) Protections Against Liability of Individuals on Basis of
Information Transferred.--
(1) No individual liability for registration of ineligible
individual.--If an individual who is not eligible to register
to vote in elections for Federal office is registered to vote
in such elections by a chief State election official under
section 111, the individual shall not be subject to any
penalty, including the imposition of a fine or term of
imprisonment, adverse treatment in any immigration or
naturalization proceeding, or the denial of any status under
immigration laws, under any law prohibiting an individual who
is not eligible to register to vote in elections for Federal
office from registering to vote in such elections. Nothing in
this paragraph shall be construed to waive the liability of any
individual who knowingly provides false information to any
person regarding the individual's eligibility to register to
vote or vote in elections for Federal office.
(2) Prohibiting use of information by officials.--No person
acting under color of law may use the information received by
the chief State election official under section 111 to attempt
to determine the citizenship status of any individual for
immigration enforcement, criminal law enforcement (other than
enforcement of election laws), or any purpose other than voter
registration, election administration, or the enforcement of
election laws.
(g) Prohibition on Transfer of Information Irrelevant to
Administration of Elections.--No source agency shall transmit any
information under section 111 which is irrelevant to the administration
of elections. To the extent that an election official receives any
information which is accidentally or inadvertently transferred by a
source agency under such section, the official shall immediately delete
the information from the official's records.
(h) Restriction on Use of Information.--No information relating to
an individual's absence from the Statewide voter registration list
under section 303 of the Help America Vote Act of 2002 or an
individual's declination to supply information for voter registration
purposes to a source agency under section 111 may be disclosed to the
public for immigration enforcement, criminal law enforcement other than
enforcement of laws against election crimes, or used for any purpose
other than voter registration, election administration, or the
enforcement of election laws.
(i) Nondiscrimination.--No person acting under color of law may
discriminate against any individual on the basis of the individual's
absence from the statewide voter registration list, the information
supplied by the individual for voter registration purpose to a source
agency under section 111, or the individual's declination to supply
such information, except as required for purposes of voter
registration, election administration, and the enforcement of election
laws.
(j) Prohibition on the Use of Voter Registration Information for
Commercial or Non-Governmental Purposes.--Voter registration
information collected under this subtitle shall not be used for
commercial purposes including for comparison with any existing
commercial list or database.
(k) Penalty.--Whoever knowingly uses information or permits
information to be used in violation of this section shall be imprisoned
for not more than 1 year, fined under title 18, United States Code, or
both.
(l) Exclusion From Lists of Individuals Declining Registration.--
The chief State election official of a State shall ensure that, with
respect to any individual who declines the opportunity to register to
vote under section 111, the individual's information is not included on
the computerized Statewide voter registration list under section 303 of
the Help America Vote Act of 2002 and is not provided to any third
party (except to the extent required under other law). Nothing in this
subsection shall be construed to preclude an individual who has
previously declined the opportunity to register to vote from
subsequently registering to vote.
SEC. 113. PROMOTING ACCURACY OF STATEWIDE VOTER REGISTRATION LISTS.
(a) Deadlines for Transmittal of Change of Address or Other
Identifying Information.--
(1) Information received by state motor vehicle
authority.--Section 5(d) of the National Voter Registration Act
of 1993 (42 U.S.C. 1973gg-3(d)) is amended to read as follows:
``(d) Automatic Transmittal of Change of Address or Other
Identifying Information.--Not later than 24 hours after receiving a
change of address form or any other information indicating that
identifying information with respect to an individual which is included
in the records of the State motor vehicle authority has been changed,
the State motor vehicle authority shall transmit such form or other
information to the chief State election official, unless--
``(1) the records of the authority include information
indicating that the individual is not eligible to register to
vote in the State; or
``(2) the individual states on the form or otherwise
indicates that the change of address or other information is
not for voter registration purposes.''.
(2) Information received by other voter registration
agencies.--Section 7 of such Act (42 U.S.C. 1973gg-5) is
amended by adding at the end the following new subsection:
``(e) Automatic Transmittal of Change of Address or Other
Identifying Information.--Not later than 24 hours after receiving a
change of address form or any other information indicating that
identifying information with respect to an individual which is included
in the records of a voter registration agency designated under this
section has been changed, the appropriate official of such agency shall
transmit such form or other information to the chief State election
official, unless--
``(1) the records of the agency include information
indicating that the individual is not eligible to register to
vote in the State; or
``(2) the individual states on the form or otherwise
indicates that the change of address or other information is
not for voter registration purposes.''.
(3) Information received from source agencies.--Not later
than 24 hours after receiving a change of address form or any
other information indicating that identifying information with
respect to an individual which is included in the records of a
source agency designated under section 111 has been changed,
the appropriate official of such agency shall transmit such
form or other information to the chief State election official,
unless--
(A) the records of the agency include information
indicating that the individual is not eligible to
register to vote in the State; or
(B) the individual states on the form or otherwise
indicates that the change of address or other
information is not for voter registration purposes.
(b) Revision of Statewide Computerized List To Reflect Revised
Information.--Section 303(a) of the Help America Vote Act of 2002 (42
U.S.C. 15483(a)), as amended by section 102(a), is amended by adding at
the end the following new paragraph:
``(7) Revision of list to reflect information received from
other state offices.--
``(A) In general.--If a State motor vehicle
authority (pursuant to section 5(d) of the National
Voter Registration Act of 1993) a voter registration
agency (designated under section 7 of such Act), or a
source agency (designated under section 111 of the
Voter Registration Modernization Act of 2012) transmits
to the chief State election official a change of
address form or any other information indicating that
identifying information with respect to an individual
has been changed, the appropriate State or local
election official shall--
``(i) determine whether the individual
appears on the computerized list established
under this section; and
``(ii) if the individual appears on the
list, revise the information relating to the
individual on the list to reflect the
individual's new address or other changed
identifying information.
``(B) Notification to voters.--If an election
official revises any voter registration information on
the computerized list with respect to any voter
(including removing the voter from the list),
immediately after revising the information, the
official shall send the individual a written notice of
the revision which includes the following information:
``(i) The voter's name, date of birth, and
address, as reflected in the revised
information on the computerized list.
``(ii) A statement that the voter's voter
registration information has been updated.
``(iii) Information on how to correct
information on the computerized list.
``(iv) A statement of the eligibility
requirements for registered voters in the
State.
``(v) A statement (in larger font size than
the other statements on the notice) that it is
illegal for an individual who does not meet the
eligibility requirements for registered voters
in the State to vote in an election in the
State.
``(vi) A statement that the voter may
terminate the voter's status as a registered
voter in the State, or request a change in the
voter's voter registration information, at any
time by contacting the appropriate State or
local election official, together with contact
information for such official (including any
website through which the voter may contact the
official or obtain information on voter
registration in the State).
``(C) Use of electronic mail.--If an election
official has an electronic mail address for any voter
to whom the official is required to send a written
notice under this paragraph, the official may meet the
requirements of this paragraph by sending the notice to
the voter in electronic form at that address, but only
if prior to sending the notice, the official sends a
test electronic mail to the voter at that address and
receives confirmation that the address is current and
valid.''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to elections occurring during 2014 or any succeeding
year.
SEC. 114. DEFINITIONS.
(a) Chief State Election Official.--In this subtitle, the ``chief
State election official'' means, with respect to a State, the
individual designated by the State under section 10 of the National
Voter Registration Act of 1993 (42 U.S.C. 1973gg-8) to be responsible
for coordination of the State's responsibilities under such Act.
(b) State.--In this subtitle, a ``State'' includes the District of
Columbia, the Commonwealth of Puerto Rico, the United States Virgin
Islands, Guam, and American Samoa, but does not include any 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. 115. EFFECTIVE DATE.
This subtitle and the amendments made by this subtitle shall apply
with respect to the regularly scheduled general election for Federal
office held in November 2014 and each succeeding election for Federal
office.
Subtitle C--Other Initiatives To Promote Voter Registration
SEC. 121. SAME DAY REGISTRATION.
(a) In General.--Title III of the Help America Vote Act of 2002 (42
U.S.C. 15481 et seq.) is amended--
(1) by redesignating sections 304 and 305 as sections 305
and 306; and
(2) by inserting after section 303 the following new
section:
``SEC. 304. SAME DAY REGISTRATION.
``(a) In General.--
``(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 eligible individual on the day
of a Federal election and on any day when voting, including
early voting, is permitted for a Federal election--
``(A) to register to vote in such election at the
polling place using a form that meets the requirements
under section 9(b) of the National Voter Registration
Act of 1993 (or, if the individual is already
registered to vote, to revise any of the individual's
voter registration information); 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 section, there is no voter registration requirement for
individuals in the State with respect to elections for Federal
office.
``(b) Eligible Individual.--For purposes of this section, the term
`eligible individual' means, with respect to any election for Federal
office, an individual who is otherwise qualified to vote in that
election.
``(c) Effective Date.--Each State shall be required to comply with
the requirements of subsection (a) for the regularly scheduled general
election for Federal office occurring in November 2012 and for any
subsequent election for Federal office.''.
(b) Conforming Amendment Relating to Enforcement.--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''.
(c) Clerical Amendment.--The table of contents of such Act is
amended--
(1) by redesignating the items relating to sections 304 and
305 as relating to sections 305 and 306; and
(2) by inserting after the item relating to section 303 the
following new item:
``Sec. 304. Same day registration.''.
SEC. 122. ACCEPTANCE OF VOTER REGISTRATION APPLICATIONS FROM
INDIVIDUALS UNDER 18 YEARS OF AGE.
(a) Acceptance of Applications.--Section 8 of the National Voter
Registration Act of 1993 (42 U.S.C. 1973gg-6), as amended by section
104, is amended--
(1) by redesignating subsection (k) as subsection (l); and
(2) by inserting after subsection (j) the following new
subsection:
``(k) Acceptance of Applications From Individuals Under 18 Years of
Age.--
``(1) In general.--A State may not refuse to accept or
process an individual's application to register to vote in
elections for Federal office on the grounds that the individual
is under 18 years of age at the time the individual submits the
application, so long as the individual is at least 16 years of
age at such time.
``(2) No effect on state voting age requirements.--Nothing
in paragraph (1) may be construed to require a State to permit
an individual who is under 18 years of age at the time of an
election for Federal office to vote in the election.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to elections occurring on or after January 1, 2014.
SEC. 123. ANNUAL REPORTS ON VOTER REGISTRATION STATISTICS.
(a) Annual Report.--Not later than 90 days after the end of each
year, each State shall submit to the Election Assistance Commission and
Congress a report containing the following information for the year:
(1) The number of individuals who were registered under
section 111.
(2) The number of voter registration application forms
completed by individuals that were transmitted by motor vehicle
authorities in the State (pursuant to section 5(d) of the
National Voter Registration Act of 1993) and voter registration
agencies in the State (as designated under section 7 of such
Act) to the chief State election official of the State, broken
down by each such authority and agency.
(3) The number of such individuals whose voter registration
application forms were accepted and who were registered to vote
in the State and the number of such individuals whose forms
were rejected and who were not registered to vote in the State,
broken down by each such authority and agency.
(4) The number of change of address forms and other forms
of information indicating that an individual's identifying
information has been changed that were transmitted by such
motor vehicle authorities and voter registration agencies to
the chief State election official of the State, broken down by
each such authority and agency and the type of form
transmitted.
(5) The number of individuals on the Statewide computerized
voter registration list (as established and maintained under
section 303 of the Help America Vote Act of 2002) whose voter
registration information was revised by the chief State
election official as a result of the forms transmitted to the
official by such motor vehicle authorities and voter
registration agencies (as described in paragraph (3)), broken
down by each such authority and agency and the type of form
transmitted.
(6) The number of individuals who requested the chief State
election official to revise voter registration information on
such list, and the number of individuals whose information was
revised as a result of such a request.
(b) Confidentiality of Information.--In preparing and submitting a
report under this section, the chief State election official shall
ensure that no information regarding the identification of any
individual is revealed.
(c) State Defined.--In this section, a ``State'' includes the
District of Columbia, the Commonwealth of Puerto Rico, the United
States Virgin Islands, Guam, and American Samoa, but does not include
any 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.
Subtitle D--Availability of HAVA Requirements Payments
SEC. 131. AVAILABILITY OF REQUIREMENTS PAYMENTS UNDER HAVA TO COVER
COSTS OF COMPLIANCE WITH NEW REQUIREMENTS.
(a) In General.--Section 251(b) of the Help America Vote Act of
2002 (42 U.S.C. 15401(b)) is amended--
(1) in paragraph (1), by striking ``(2) and (3)'' and
inserting ``(2), (3), and (4)''; and
(2) by adding at the end the following new paragraph:
``(4) Certain voter registration activities.--A State may
use a requirements payment to carry out any of the requirements
of the Voter Registration Modernization Act of 2012, including
the requirements of the National Voter Registration Act of 1993
which are imposed pursuant to the amendments made to such Act
by the Voter Registration Modernization Act of 2012.''.
(b) Conforming Amendment.--Section 254(a)(1) of such Act (42 U.S.C.
15404(a)(1)) is amended by striking ``section 251(a)(2)'' and inserting
``section 251(b)(2)''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to fiscal year 2013 and each succeeding fiscal year.
Subtitle E--Prohibiting Interference With Voter Registration
SEC. 141. PROHIBITING HINDERING, INTERFERING WITH, OR PREVENTING VOTER
REGISTRATION.
(a) In General.--Chapter 29 of title 18, United States Code is
amended by adding at the end the following new section:
``Sec. 612. Hindering, interfering with, or preventing registering to
vote
``(a) Prohibition.--It shall be unlawful for any person, whether
acting under color of law or otherwise, to corruptly hinder, interfere
with, or prevent another person from registering to vote or aiding
another person in registering to vote in any election for Federal
office.
``(b) Attempt.--Any person who attempts to commit any offense
described in subsection (a) shall be subject to the same penalties as
those prescribed for the offense that the person attempted to commit.
``(c) Penalty.--Any person who violates subsection (a) shall be
fined under this title, imprisoned not more than 5 years, or both.
``(d) Election for Federal Office Defined.--For purposes of this
section, the term `election for Federal office' means a general,
special, primary, or runoff election held to nominate or elect a
candidate for the office of President or Vice President, presidential
elector, or of Senator or Representative in, or Delegate or Resident
Commissioner to, the Congress.''.
(b) Clerical Amendment.--The table of sections for chapter 29 of
title 18, United States Code is amended by adding at the end the
following new item:
``612. Hindering, interfering with, or preventing registering to
vote.''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to elections held on or after the date of the
enactment of this Act, except that no person may be found to have
violated section 612 of title 18, United States Code (as added by
subsection (a)) on the basis of any act occurring prior to the date of
the enactment of this Act.
SEC. 142. ESTABLISHMENT OF BEST PRACTICES.
(a) Best Practices.--Not later than 180 days after the date of the
enactment of this Act, the Election Assistance Commission shall develop
and publish recommendations for best practices for States to use to
deter and prevent violations of section 612 of title 18, United States
Code (as added by section 141) and section 12 of the National Voter
Registration Act of 1993 (42 U.S.C. 1973gg-10) (relating to the
unlawful interference with registering to vote, or voting, or
attempting to register to vote or vote), including practices to provide
for the posting of relevant information at polling places and voter
registration agencies under such Act, the training of poll workers and
election officials, and relevant educational materials. For purposes of
this subsection, the term ``State'' includes the District of Columbia,
the Commonwealth of Puerto Rico, Guam, American Samoa, and the United
States Virgin Islands.
(b) Inclusion in Voter Information Requirements.--Section 302(b)(2)
of the Help America Vote Act of 2002 (42 U.S.C. 15482(b)(2)) is
amended--
(1) by striking ``and'' at the end of subparagraph (E);
(2) by striking the period at the end of subparagraph (F)
and inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(G) information relating to the prohibitions of
section 612 of title 18, United States Code, and
section 12 of the National Voter Registration Act of
1993 (42 U.S.C. 1973gg-10) (relating to the unlawful
interference with registering to vote, or voting, or
attempting to register to vote or vote), including
information on how individuals may report allegations
of violations of such prohibitions.''.
TITLE II--ACCESS TO VOTING FOR INDIVIDUALS WITH DISABILITIES
SEC. 201. REQUIREMENTS FOR STATES TO PROMOTE ACCESS TO VOTER
REGISTRATION AND VOTING FOR INDIVIDUALS WITH
DISABILITIES.
(a) Requirements.--Subtitle A of title III of the Help America Vote
Act of 2002 (42 U.S.C. 15481 et seq.), as amended by section 114, is
amended--
(1) by redesignating sections 305 and 306 as sections 306
and 307; and
(2) by inserting after section 304 the following new
section:
``SEC. 305. ACCESS TO VOTER REGISTRATION AND VOTING FOR INDIVIDUALS
WITH DISABILITIES.
``(a) Treatment of Applications and Ballots.--Each State shall--
``(1) permit individuals with disabilities to use absentee
registration procedures and to vote by absentee ballot in
elections for Federal office;
``(2) accept and process, with respect to any election for
Federal office, any otherwise valid voter registration
application and absentee ballot application from an individual
with a disability if the application is received by the
appropriate State election official not less than 30 days
before the election;
``(3) in addition to any other method of registering to
vote or applying for an absentee ballot in the State, establish
procedures--
``(A) for individuals with disabilities to request
by mail and electronically voter registration
applications and absentee ballot applications with
respect to elections for Federal office in accordance
with subsection (c);
``(B) for States to send by mail and electronically
(in accordance with the preferred method of
transmission designated by the individual under
subparagraph (C)) voter registration applications and
absentee ballot applications requested under
subparagraph (A) in accordance with subsection (c); and
``(C) by which such an individual can designate
whether the individual prefers that such voter
registration application or absentee ballot application
be transmitted by mail or electronically;
``(4) in addition to any other method of transmitting blank
absentee ballots in the State, establish procedures for
transmitting by mail and electronically blank absentee ballots
to individuals with disabilities with respect to elections for
Federal office in accordance with subsection (d);
``(5) transmit a validly requested absentee ballot to an
individual with a disability--
``(A) except as provided in subsection (e), in the
case in which the request is received at least 45 days
before an election for Federal office, not later than
45 days before the election; and
``(B) in the case in which the request is received
less than 45 days before an election for Federal
office--
``(i) in accordance with State law; and
``(ii) if practicable and as determined
appropriate by the State, in a manner that
expedites the transmission of such absentee
ballot; and
``(6) if the State declares or otherwise holds a runoff
election for Federal office, establish a written plan that
provides absentee ballots are made available to individuals
with disabilities in a manner that gives them sufficient time
to vote in the runoff election.
``(b) Designation of Single State Office To Provide Information on
Registration and Absentee Ballot Procedures for All Disabled Voters in
State.--Each State shall designate a single office which shall be
responsible for providing information regarding voter registration
procedures and absentee ballot procedures to be used by individuals
with disabilities with respect to elections for Federal office to all
individuals with disabilities who wish to register to vote or vote in
any jurisdiction in the State.
``(c) Designation of Means of Electronic Communication for
Individuals With Disabilities To Request and for States To Send Voter
Registration Applications and Absentee Ballot Applications, and for
Other Purposes Related to Voting Information.--
``(1) In general.--Each State shall, in addition to the
designation of a single State office under subsection (b),
designate not less than 1 means of electronic communication--
``(A) for use by individuals with disabilities who
wish to register to vote or vote in any jurisdiction in
the State to request voter registration applications
and absentee ballot applications under subsection
(a)(3);
``(B) for use by States to send voter registration
applications and absentee ballot applications requested
under such subsection; and
``(C) for the purpose of providing related voting,
balloting, and election information to individuals with
disabilities.
``(2) Clarification regarding provision of multiple means
of electronic communication.--A State may, in addition to the
means of electronic communication so designated, provide
multiple means of electronic communication to individuals with
disabilities, including a means of electronic communication for
the appropriate jurisdiction of the State.
``(3) Inclusion of designated means of electronic
communication with informational and instructional materials
that accompany balloting materials.--Each State shall include a
means of electronic communication so designated with all
informational and instructional materials that accompany
balloting materials sent by the State to individuals with
disabilities.
``(4) Transmission if no preference indicated.--In the case
where an individual with a disability does not designate a
preference under subsection (a)(3)(C), the State shall transmit
the voter registration application or absentee ballot
application by any delivery method allowable in accordance with
applicable State law, or if there is no applicable State law,
by mail.
``(d) Transmission of Blank Absentee Ballots by Mail and
Electronically.--
``(1) In general.--Each State shall establish procedures--
``(A) to transmit blank absentee ballots by mail
and electronically (in accordance with the preferred
method of transmission designated by the individual
with a disability under subparagraph (B)) to
individuals with disabilities for an election for
Federal office; and
``(B) by which the individual with a disability can
designate whether the individual prefers that such
blank absentee ballot be transmitted by mail or
electronically.
``(2) Transmission if no preference indicated.--In the case
where an individual with a disability does not designate a
preference under paragraph (1)(B), the State shall transmit the
ballot by any delivery method allowable in accordance with
applicable State law, or if there is no applicable State law,
by mail.
``(e) Hardship Exemption.--
``(1) In general.--If the chief State election official
determines that the State is unable to meet the requirement
under subsection (a)(5)(A) with respect to an election for
Federal office due to an undue hardship described in paragraph
(2)(B), the chief State election official shall request that
the Attorney General grant a waiver to the State of the
application of such subsection. Such request shall include--
``(A) a recognition that the purpose of such
subsection is to individuals with disabilities enough
time to vote in an election for Federal office;
``(B) an explanation of the hardship that indicates
why the State is unable to transmit such individuals an
absentee ballot in accordance with such subsection;
``(C) the number of days prior to the election for
Federal office that the State requires absentee ballots
be transmitted to such individuals; and
``(D) a comprehensive plan to ensure that such
individuals are able to receive absentee ballots which
they have requested and submit marked absentee ballots
to the appropriate State election official in time to
have that ballot counted in the election for Federal
office, which includes--
``(i) the steps the State will undertake to
ensure that such individuals have time to
receive, mark, and submit their ballots in time
to have those ballots counted in the election;
``(ii) why the plan provides such
individuals sufficient time to vote as a
substitute for the requirements under such
subsection; and
``(iii) the underlying factual information
which explains how the plan provides such
sufficient time to vote as a substitute for
such requirements.
``(2) Approval of waiver request.--The Attorney General
shall approve a waiver request under paragraph (1) if the
Attorney General determines each of the following requirements
are met:
``(A) The comprehensive plan under subparagraph (D)
of such paragraph provides individuals with
disabilities sufficient time to receive absentee
ballots they have requested and submit marked absentee
ballots to the appropriate State election official in
time to have that ballot counted in the election for
Federal office.
``(B) One or more of the following issues creates
an undue hardship for the State:
``(i) The State's primary election date
prohibits the State from complying with
subsection (a)(5)(A).
``(ii) The State has suffered a delay in
generating ballots due to a legal contest.
``(iii) The State Constitution prohibits
the State from complying with such subsection.
``(3) Timing of waiver.--
``(A) In general.--Except as provided under
subparagraph (B), a State that requests a waiver under
paragraph (1) shall submit to the Attorney General the
written waiver request not later than 90 days before
the election for Federal office with respect to which
the request is submitted. The Attorney General shall
approve or deny the waiver request not later than 65
days before such election.
``(B) Exception.--If a State requests a waiver
under paragraph (1) as the result of an undue hardship
described in paragraph (2)(B)(ii), the State shall
submit to the Attorney General the written waiver
request as soon as practicable. The Attorney General
shall approve or deny the waiver request not later than
5 business days after the date on which the request is
received.
``(4) Application of waiver.--A waiver approved under
paragraph (2) shall only apply with respect to the election for
Federal office for which the request was submitted. For each
subsequent election for Federal office, the Attorney General
shall only approve a waiver if the State has submitted a
request under paragraph (1) with respect to such election.
``(f) Individual With a Disability Defined.--In this section, an
`individual with a disability' means an individual with an impairment
that substantially limits any major life activities and who is
otherwise qualified to vote in elections for Federal office.
``(g) Effective Date.--This section shall apply with respect to
elections for Federal office held on or after January 1, 2014.''.
(b) Conforming Amendment Relating to Issuance of Voluntary Guidance
by Election Assistance Commission.--Section 311(b) of such Act (42
U.S.C. 15501(b)) is amended--
(1) by striking ``and'' at the end of paragraph (2);
(2) by striking the period at the end of paragraph (3) and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(4) in the case of the recommendations with respect to
section 305, January 1, 2014.''.
(c) Clerical Amendment.--The table of contents of such Act, as
amended by section 114(c), is amended--
(1) by redesignating the items relating to sections 305 and
306 as relating to sections 306 and 307; and
(2) by inserting after the item relating to section 304 the
following new item:
``Sec. 305. Access to voter registration and voting for individuals
with disabilities.''.
SEC. 202. PILOT PROGRAMS FOR ENABLING INDIVIDUALS WITH DISABILITIES TO
REGISTER TO VOTE AND VOTE PRIVATELY AND INDEPENDENTLY AT
RESIDENCES.
(a) Establishment of Pilot Programs.--The Election Assistance
Commission (hereafter referred to as the ``Commission'') shall make
grants to eligible States to conduct pilot programs under which--
(1) individuals with disabilities may use electronic means
(including the Internet and telephones utilizing assistive
devices) to register to vote and to request and receive
absentee ballots, in a manner which permits such individuals to
do so privately and independently at their own residences; and
(2) individuals with disabilities may use the telephone to
cast ballots electronically from their own residences, but only
if the telephone used is not connected to the Internet.
(b) Reports.--
(1) In general.--A State receiving a grant for a year under
this section shall submit a report to the Commission on the
pilot programs the State carried out with the grant with
respect to elections for public office held in the State during
the year.
(2) Deadline.--A State shall submit a report under
paragraph (1) not later than 90 days after the last election
for public office held in the State during the year.
(c) Eligibility.--A State is eligible to receive a grant under this
section if the State submits to the Commission, at such time and in
such form as the Commission may require, an application containing such
information and assurances as the Commission may require.
(d) Timing.--The Commission shall make the first grants under this
section for pilot programs which will be in effect with respect to
elections for Federal office held in 2014, or, at the option of a
State, with respect to other elections for public office held in the
State 2013.
(e) Authorization of Appropriations.--There are authorized to be
appropriated for grants for pilot programs under this section
$30,000,000 for fiscal year 2013 and each succeeding fiscal year.
(f) State Defined.--In this section, the term ``State'' includes
the District of Columbia, the Commonwealth of Puerto Rico, Guam,
American Samoa, and the United States Virgin Islands.
SEC. 203. EXPANSION AND REAUTHORIZATION OF GRANT PROGRAM TO ASSURE
VOTING ACCESS FOR INDIVIDUALS WITH DISABILITIES.
(a) Purposes of Payments.--Section 261(b) of the Help America Vote
Act of 2002 (42 U.S.C. 15421(b)) is amended by striking paragraphs (1)
and (2) and inserting the following:
``(1) making absentee voting and voting at home accessible
to individuals with the full range of disabilities (including
impairments involving vision, hearing, mobility, or dexterity)
through the implementation of accessible absentee voting
systems that work in conjunction with assistive technologies
for which individuals have access at their homes, independent
living centers, or other facilities;
``(2) making polling places, including the path of travel,
entrances, exits, and voting areas of each polling facility,
accessible to individuals with disabilities, including the
blind and visually impaired, in a manner that provides the same
opportunity for access and participation (including privacy and
independence) as for other voters; and
``(3) providing solutions to problems of access to voting
and elections for individuals with disabilities that are
universally designed and provide the same opportunities for
individuals with and without disabilities.''.
(b) Reauthorization.--Section 264(a) of such Act (42 U.S.C.
15424(a)) is amended by adding at the end the following new paragraph:
``(4) For fiscal year 2013 and each succeeding fiscal year,
such sums as may be necessary to carry out this part.''.
(c) Period of Availability of Funds.--Section 264 of such Act (42
U.S.C. 15424) is amended--
(1) in subsection (b), by striking ``Any amounts'' and
inserting ``Except as provided in subsection (b), any
amounts''; and
(2) by adding at the end the following new subsection:
``(c) Return and Transfer of Certain Funds.--
``(1) Deadline for obligation and expenditure.--In the case
of any amounts appropriated pursuant to the authority of
subsection (a) for a payment to a State or unit of local
government for fiscal year 2013 or any succeeding fiscal year,
any portion of such amounts which have not been obligated or
expended by the State or unit of local government prior to the
expiration of the 4-year period which begins on the date the
State or unit of local government first received the amounts
shall be transferred to the Commission.
``(2) Reallocation of transferred amounts.--
``(A) In general.--The Commission shall use the
amounts transferred under paragraph (1) to make
payments on a pro rata basis to each covered payment
recipient described in subparagraph (B), which may
obligate and expend such payment for the purposes
described in section 261(b) during the 1-year period
which begins on the date of receipt.
``(B) Covered payment recipients described.--In
subparagraph (A), a `covered payment recipient' is a
State or unit of local government with respect to
which--
``(i) amounts were appropriated pursuant to
the authority of subsection (a); and
``(ii) no amounts were transferred to the
Commission under paragraph (1).''.
TITLE III--PROHIBITING VOTER CAGING
SEC. 301. VOTER CAGING AND OTHER QUESTIONABLE CHALLENGES PROHIBITED.
(a) In General.--Chapter 29 of title 18, United States Code, as
amended by section 141(a), is amended by adding at the end the
following:
``Sec. 613. Voter caging and other questionable challenges
``(a) Definitions.--In this section--
``(1) the term `voter caging document' means--
``(A) a nonforwardable document that is returned to
the sender or a third party as undelivered or
undeliverable despite an attempt to deliver such
document to the address of a registered voter or
applicant; or
``(B) any document with instructions to an
addressee that the document be returned to the sender
or a third party but is not so returned, despite an
attempt to deliver such document to the address of a
registered voter or applicant, unless at least two
Federal election cycles have passed since the date of
the attempted delivery;
``(2) the term `voter caging list' means a list of
individuals compiled from voter caging documents; and
``(3) the term `unverified match list' means a list
produced by matching the information of registered voters or
applicants for voter registration to a list of individuals who
are ineligible to vote in the registrar's jurisdiction, by
virtue of death, conviction, change of address, or otherwise;
unless one of the pieces of information matched includes a
signature, photograph, or unique identifying number ensuring
that the information from each source refers to the same
individual.
``(b) Prohibition Against Voter Caging.--No State or local election
official shall prevent an individual from registering or voting in any
election for Federal office, or permit in connection with any election
for Federal office a formal challenge under State law to an
individual's registration status or eligibility to vote, if the basis
for such decision is evidence consisting of--
``(1) a voter caging document or voter caging list;
``(2) an unverified match list;
``(3) an error or omission on any record or paper relating
to any application, registration, or other act requisite to
voting, if such error or omission is not material to an
individual's eligibility to vote under section 2004 of the
Revised Statutes, as amended (42 U.S.C. 1971(a)(2)(B)); or
``(4) any other evidence so designated for purposes of this
section by the Election Assistance Commission,
except that the election official may use such evidence if it is
corroborated by independent evidence of the individual's ineligibility
to register or vote.
``(c) Requirements For Challenges by Persons Other Than Election
Officials.--No person, other than a State or local election official,
shall submit a formal challenge to an individual's eligibility to
register to vote in an election for Federal office or to vote in an
election for Federal office unless that challenge is supported by
personal knowledge regarding the grounds for ineligibility which is--
``(1) documented in writing; and
``(2) subject to an oath or attestation under penalty of
perjury that the challenger has a good faith factual basis to
believe that the individual who is the subject of the challenge
is ineligible to register to vote or vote in that election.
``(d) Penalties for Knowing Misconduct.--Whoever knowingly
challenges the eligibility of one or more individuals to register or
vote or knowingly causes the eligibility of such individuals to be
challenged in violation of this section with the intent that one or
more eligible voters be disqualified, shall be fined under this title
or imprisoned not more than 1 year, or both, for each such violation.
Each violation shall be a separate offense.
``(e) No Effect on Related Laws.--Nothing in this section is
intended to override the protections of the National Voter Registration
Act of 1993 (42 U.S.C. 1973gg et seq.) or to affect the Voting Rights
Act of 1965 (42 U.S.C. 1973 et seq.).''.
(b) Clerical Amendment.--The table of sections for chapter 29 of
title 18, United States Code, as amended by section 141(b), is amended
by adding at the end the following:
``613. Voter caging and other questionable challenges.''.
SEC. 302. DEVELOPMENT AND ADOPTION OF BEST PRACTICES FOR PREVENTING
VOTER CAGING.
(a) Best Practices.--Not later than 180 days after the date of the
enactment of this Act, the Election Assistance Commission shall develop
and publish for the use of States recommendations for best practices to
deter and prevent violations of section 613 of title 18, United States
Code, as added by section 301(a), including practices to provide for
the posting of relevant information at polling places and voter
registration agencies, the training of poll workers and election
officials, and relevant educational measures. For purposes of this
subsection, the term ``State'' includes the District of Columbia, the
Commonwealth of Puerto Rico, Guam, American Samoa, and the United
States Virgin Islands.
(b) Inclusion in Voting Information Requirements.--Section
302(b)(2) of the Help America Vote Act of 2002 (42 U.S.C. 15482(b)(2)),
as amended by section 141(b), is amended--
(1) by striking ``and'' at the end of subparagraph (F);
(2) by striking the period at the end of subparagraph (G)
and inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(H) information relating to the prohibition
against voter caging and other questionable challenges
(as set forth in section 613 of title 18, United States
Code), including information on how individuals may
report allegations of violations of such
prohibition.''.
SEC. 303. SEVERABILITY.
If any provision of this title or any amendment made by this title,
or the application of a provision to any person or circumstance, is
held to be unconstitutional, the remainder of this title and the
amendments made by this title, and the application of the provisions to
any person or circumstance, shall not be affected by the holding.
TITLE IV--PROHIBITING DECEPTIVE PRACTICES
SEC. 401. PROHIBITION ON DECEPTIVE PRACTICES IN FEDERAL ELECTIONS.
(a) In General.--Chapter 29 of title 18, United States Code, as
amended by section 141(a) and section 301(a), is amended by adding at
the end the following:
``Sec. 614. False election-related information in Federal elections
``(a) A person, including an election official, who in any election
for Federal office knowingly and willfully deprives, defrauds, or
attempts to deprive or defraud the residents of a State of their free
and fair exercise of the right to vote by the communication of
election-related information that is known by the person to be
materially false, fictitious, or fraudulent shall be fined under this
title or imprisoned not more than 1 year, or both.
``(b) As used in this section--
``(1) the term `election for Federal office' means any
general, primary, runoff, or special election for the office of
President, Vice President, presidential elector, Member of the
Senate, Member of the House of Representatives, or Delegate or
Resident Commissioner to the Congress; and
``(2) the term `election-related information' means any
oral or written communication regarding--
``(A) the time or place of an election for Federal
office;
``(B) criminal penalties associated with voting in
such an election;
``(C) an individual's voter registration status or
eligibility to vote in such an election; or
``(D) the explicit endorsement by any person or
organization of a candidate in such an election.''.
(b) Clerical Amendment.--The table of sections for chapter 29 of
title 18, United States Code, as amended by section 141(b) and section
301(b), is amended by adding at the end the following new item:
``614. False election-related information in Federal elections.''.
SEC. 402. MODIFICATION OF PENALTY FOR VOTER INTIMIDATION.
Section 594 of title 18, United States Code, is amended by striking
``one year'' and inserting ``5 years''.
SEC. 403. SENTENCING GUIDELINES.
(a) Review and Amendment.--Not later than 90 days after the date of
enactment of this Act, the United States Sentencing Commission,
pursuant to its authority under section 994 of title 28, United States
Code, and in accordance with this section, shall review and, if
appropriate, amend the Federal sentencing guidelines and policy
statements applicable to persons convicted of any offense under any
sections of title 18, United States Code, that are added or modified by
this Act.
(b) Authorization.--The United States Sentencing Commission may,
for the purposes of the amendments made pursuant to this title, amend
the Federal sentencing guidelines in accordance with the procedures set
forth in section 21(a) of the Sentencing Act of 1987 (28 U.S.C. 994
note) as though the authority under that section had not expired.
SEC. 404. REPORTING VIOLATIONS; CORRECTIVE ACTION.
(a) Reporting.--Any person may submit a report to the Attorney
General regarding any violation or possible violation of section 594 or
section 614 of title 18, United States Code (as added by section
401(a)).
(b) Corrective Action.--
(1) In general.--Immediately after receiving a report under
subsection (a), the Attorney General shall consider and review
the report, and if the Attorney General determines that there
is a reasonable basis to find that a violation included in the
report has occurred, the Attorney General shall--
(A) undertake all effective measures necessary to
provide correct information to voters affected by the
false information; and
(B) refer the matter to the appropriate Federal and
State authorities for criminal prosecution or civil
action after the election involved.
(2) Regulations.--The Attorney General shall promulgate
regulations regarding the methods and means of corrective
actions to be taken under paragraph (1). Such regulations shall
be developed in consultation with the Election Assistance
Commission, civil rights organizations, voting rights groups,
State and local election officials, voter protection groups,
and other interested community organizations.
(3) Study and report on methods of disseminating corrective
information.--
(A) In general.--The Attorney General, in
consultation with the Federal Communications Commission
and the Election Assistance Commission, shall conduct a
study on the feasibility of providing the corrective
information under paragraph (1) through public service
announcements, the emergency alert system, or other
forms of public broadcast.
(B) Report.--Not later than 180 days after the date
of the enactment of this Act, the Attorney General
shall submit to Congress a report detailing the results
of the study conducted under subparagraph (A).
(4) Publicizing availability of remedies.--The Attorney
General shall make public through the Internet, radio,
television, and newspaper advertisements information on the
responsibilities, contact information, and complaint procedures
applicable under this section.
(c) Reports to Congress.--
(1) In general.--Not later than 90 days after any election
with respect to which a report has been submitted under
subsection (a), the Attorney General shall submit to Congress a
report compiling all such reports submitted under subsection
(a) with respect to that election.
(2) Contents.--
(A) In general.--Each report submitted under
paragraph (1) shall include--
(i) detailed information on specific
allegations;
(ii) statistical compilations of how many
allegations were made and of what type;
(iii) the geographic locations of and the
populations affected by the alleged violations;
(iv) the status of the investigations of
such allegations;
(v) any corrective actions taken in
response to such allegations;
(vi) the rationale used for any corrective
actions or for any refusal to pursue an
allegation;
(vii) the effectiveness of any such
corrective actions;
(viii) whether a Voting Integrity Task
Force was established with respect to such
election, and, if so, how such task force was
staffed and funded;
(ix) any referrals of information to other
Federal, State, or local agencies; and
(x) any criminal prosecution instituted
under title 18, United States Code, in
connection with such allegations.
(3) Report made public.--On the date that the Attorney
General submits the report under paragraph (1), the Attorney
General shall also make the report publicly available through
the Internet and other appropriate means.
(d) Delegation of Duties.--
(1) Use of voting integrity task force.--The Attorney
General shall delegate the responsibilities under this section
with respect to a particular election to a Voting Integrity
Task Force established by the Attorney General for such
purpose.
(2) Composition.--A Voting Integrity Task Force established
under paragraph (1) shall be under the direction of the
Assistant Attorney General for the Civil Rights Division and
the Assistant Attorney General for the Criminal Division,
acting jointly.
TITLE V--DEMOCRACY RESTORATION
SEC. 501. RIGHTS OF CITIZENS.
The right of an individual who is a citizen of the United States to
vote in any election for Federal office shall not be denied or abridged
because that individual has been convicted of a criminal offense unless
such individual is serving a felony sentence in a correctional
institution or facility at the time of the election.
SEC. 502. ENFORCEMENT.
(a) Attorney General.--The Attorney General may, in a civil action,
obtain such declaratory or injunctive relief as is necessary to remedy
a violation of this title.
(b) Private Right of Action.--
(1) A person who is aggrieved by a violation of this title
may provide written notice of the violation to the chief
election official of the State involved.
(2) Except as provided in paragraph (3), if the violation
is not corrected within 90 days after receipt of a notice under
paragraph (1), or within 20 days after receipt of the notice if
the violation occurred within 120 days before the date of an
election for Federal office, the aggrieved person may, in a
civil action, obtain declaratory or injunctive relief with
respect to the violation.
(3) If the violation occurred within 30 days before the
date of an election for Federal office, the aggrieved person
need not provide notice to the chief election official of the
State under paragraph (1) before bringing a civil action to
obtain declaratory or injunctive relief with respect to the
violation.
SEC. 503. NOTIFICATION OF RESTORATION OF VOTING RIGHTS.
(a) State Notification.--
(1) Notification.--On the date determined under paragraph
(2), each State shall notify in writing any individual who has
been convicted of a criminal offense under the law of that
State that such individual has the right to vote in an election
for Federal office pursuant to this title and may register to
vote in any such election.
(2) Date of notification.--
(A) Felony conviction.--In the case of such an
individual who has been convicted of a felony, the
notification required under paragraph (1) shall be
given on the date on which the individual--
(i) is sentenced to serve only a term of
probation; or
(ii) is released from the custody of that
State (other than to the custody of another
State or the Federal Government to serve a term
of imprisonment for a felony conviction).
(B) Misdemeanor conviction.--In the case of such an
individual who has been convicted of a misdemeanor, the
notification required under paragraph (1) shall be
given on the date on which such individual is sentenced
by a State court.
(b) Federal Notification.--
(1) Notification.--On the date determined under paragraph
(2), the Director of the Bureau of Prisons shall notify in
writing any individual who has been convicted of a criminal
offense under Federal law that such individual has the right to
vote in an election for Federal office pursuant to this title
and may register to vote in any such election.
(2) Date of notification.--
(A) Felony conviction.--In the case of such an
individual who has been convicted of a felony, the
notification required under paragraph (1) shall be
given on the date on which the individual--
(i) is sentenced to serve only a term of
probation by a court established by an Act of
Congress; or
(ii) is released from the custody of the
Bureau of Prisons (other than to the custody of
a State to serve a term of imprisonment for a
felony conviction).
(B) Misdemeanor conviction.--In the case of such an
individual who has been convicted of a misdemeanor, the
notification required under paragraph (1) shall be
given on the date on which such individual is sentenced
by a State court.
SEC. 504. DEFINITIONS.
For purposes of this title:
(1) Correctional institution or facility.--The term
``correctional institution or facility'' means any prison,
penitentiary, jail, or other institution or facility for the
confinement of individuals convicted of criminal offenses,
whether publicly or privately operated, except that such term
does not include any residential community treatment center (or
similar public or private facility).
(2) Election.--The term ``election'' means--
(A) a general, special, primary, or runoff
election;
(B) a convention or caucus of a political party
held to nominate a candidate;
(C) a primary election held for the selection of
delegates to a national nominating convention of a
political party; or
(D) a primary election held for the expression of a
preference for the nomination of persons for election
to the office of President.
(3) Federal office.--The term ``Federal office'' means the
office of President or Vice President of the United States, or
of Senator or Representative in, or Delegate or Resident
Commissioner to, the Congress of the United States.
(4) Probation.--The term ``probation'' means probation,
imposed by a Federal, State, or local court, with or without a
condition on the individual involved concerning--
(A) the individual's freedom of movement;
(B) the payment of damages by the individual;
(C) periodic reporting by the individual to an
officer of the court; or
(D) supervision of the individual by an officer of
the court.
SEC. 505. RELATION TO OTHER LAWS.
(a) State Laws Relating to Voting Rights.--Nothing in this title
shall be construed to prohibit the States from enacting any State law
which affords the right to vote in any election for Federal office on
terms less restrictive than those established by this title.
(b) Certain Federal Acts.--The rights and remedies established by
this title are in addition to all other rights and remedies provided by
law, and neither rights and remedies established by this title shall
supersede, restrict, or limit the application of the Voting Rights Act
of 1965 (42 U.S.C. 1973 et seq.) or the National Voter Registration Act
(42 U.S.C. 1973gg).
SEC. 506. FEDERAL PRISON FUNDS.
No State, unit of local government, or other person may receive or
use, to construct or otherwise improve a prison, jail, or other place
of incarceration, any Federal grant amounts unless that person has in
effect a program under which each individual incarcerated in that
person's jurisdiction who is a citizen of the United States is
notified, upon release from such incarceration, of that individual's
rights under section 501.
SEC. 507. EFFECTIVE DATE.
This title shall apply to citizens of the United States voting in
any election for Federal office held after the date of the enactment of
this Act.
TITLE VI--ACCURACY, INTEGRITY, AND SECURITY OF ELECTIONS
SEC. 600. SHORT TITLE.
This title may be cited as the ``Voter Confidence and Increased
Accessibility Act of 2012''.
Subtitle A--Promoting Accuracy, Integrity, and Security Through Voter-
Verified Permanent Paper Ballot
SEC. 601. PAPER BALLOT AND MANUAL COUNTING REQUIREMENTS.
(a) In General.--Section 301(a)(2) of the Help America Vote Act of
2002 (42 U.S.C. 15481(a)(2)) is amended to read as follows:
``(2) Paper ballot requirement.--
``(A) Voter-verified paper ballots.--
``(i) Paper ballot requirement.--(I) The
voting system shall require the use of an
individual, durable, voter-verified, paper
ballot of the voter's vote that shall be marked
and made available for inspection and
verification by the voter before the voter's
vote is cast and counted, and which shall be
counted by hand or read by an optical character
recognition device or other counting device.
For purposes of this subclause, the term
`individual, durable, voter-verified, paper
ballot' means a paper ballot marked by the
voter by hand or a paper ballot marked through
the use of a nontabulating ballot marking
device or system, so long as the voter shall
have the option to mark his or her ballot by
hand.
``(II) The voting system shall provide the
voter with an opportunity to correct any error
on the paper ballot before the permanent voter-
verified paper ballot is preserved in
accordance with clause (ii).
``(III) The voting system shall not
preserve the voter-verified paper ballots in
any manner that makes it possible, at any time
after the ballot has been cast, to associate a
voter with the record of the voter's vote
without the voter's consent.
``(ii) Preservation as official record.--
The individual, durable, voter-verified, paper
ballot used in accordance with clause (i) shall
constitute the official ballot and shall be
preserved and used as the official ballot for
purposes of any recount or audit conducted with
respect to any election for Federal office in
which the voting system is used.
``(iii) Manual counting requirements for
recounts and audits.--(I) Each paper ballot
used pursuant to clause (i) shall be suitable
for a manual audit, and shall be counted by
hand in any recount or audit conducted with
respect to any election for Federal office.
``(II) In the event of any inconsistencies
or irregularities between any electronic vote
tallies and the vote tallies determined by
counting by hand the individual, durable,
voter-verified, paper ballots used pursuant to
clause (i), and subject to subparagraph (B),
the individual, durable, voter-verified, paper
ballots shall be the true and correct record of
the votes cast.
``(iv) Application to all ballots.--The
requirements of this subparagraph shall apply
to all ballots cast in elections for Federal
office, including ballots cast by absent
uniformed services voters and overseas voters
under the Uniformed and Overseas Citizens
Absentee Voting Act and other absentee voters.
``(B) Special rule for treatment of disputes when
paper ballots have been shown to be compromised.--
``(i) In general.--In the event that--
``(I) there is any inconsistency
between any electronic vote tallies and
the vote tallies determined by counting
by hand the individual, durable, voter-
verified, paper ballots used pursuant
to subparagraph (A)(i) with respect to
any election for Federal office; and
``(II) it is demonstrated by clear
and convincing evidence (as determined
in accordance with the applicable
standards in the jurisdiction involved)
in any recount, audit, or contest of
the result of the election that the
paper ballots have been compromised (by
damage or mischief or otherwise) and
that a sufficient number of the ballots
have been so compromised that the
result of the election could be
changed,
the determination of the appropriate remedy
with respect to the election shall be made in
accordance with applicable State law, except
that the electronic tally shall not be used as
the exclusive basis for determining the
official certified result.
``(ii) Rule for consideration of ballots
associated with each voting machine.--For
purposes of clause (i), only the paper ballots
deemed compromised, if any, shall be considered
in the calculation of whether or not the result
of the election could be changed due to the
compromised paper ballots.''.
(b) Conforming Amendment Clarifying Applicability of Alternative
Language Accessibility.--Section 301(a)(4) of such Act (42 U.S.C.
15481(a)(4)) is amended by inserting ``(including the paper ballots
required to be used under paragraph (2))'' after ``voting system''.
(c) Other Conforming Amendments.--Section 301(a)(1) of such Act (42
U.S.C. 15481(a)(1)) is amended--
(1) in subparagraph (A)(i), by striking ``counted'' and
inserting ``counted, in accordance with paragraphs (2) and
(3)'';
(2) in subparagraph (A)(ii), by striking ``counted'' and
inserting ``counted, in accordance with paragraphs (2) and
(3)'';
(3) in subparagraph (A)(iii), by striking ``counted'' each
place it appears and inserting ``counted, in accordance with
paragraphs (2) and (3)''; and
(4) in subparagraph (B)(ii), by striking ``counted'' and
inserting ``counted, in accordance with paragraphs (2) and
(3)''.
SEC. 602. ACCESSIBILITY AND BALLOT VERIFICATION FOR INDIVIDUALS WITH
DISABILITIES.
(a) In General.--Section 301(a)(3)(B) of the Help America Vote Act
of 2002 (42 U.S.C. 15481(a)(3)(B)) is amended to read as follows:
``(B)(i) satisfy the requirement of subparagraph
(A) through the use of at least one voting system
equipped for individuals with disabilities, including
nonvisual and enhanced visual accessibility for the
blind and visually impaired, and nonmanual and enhanced
manual accessibility for the mobility and dexterity
impaired, at each polling place; and
``(ii) meet the requirements of subparagraph (A)
and paragraph (2)(A) by using a system that--
``(I) allows the voter to privately and
independently verify the permanent paper ballot
through the presentation, in accessible form,
of the printed or marked vote selections from
the same printed or marked information that
would be used for any vote counting or
auditing; and
``(II) allows the voter to privately and
independently verify and cast the permanent
paper ballot without requiring the voter to
manually handle the paper ballot; and''.
(b) Specific Requirement of Study, Testing, and Development of
Accessible Paper Ballot Verification Mechanisms.--
(1) Study and reporting.--Subtitle C of title II of such
Act (42 U.S.C. 15381 et seq.) is amended--
(A) by redesignating section 247 as section 248;
and
(B) by inserting after section 246 the following
new section:
``SEC. 247. STUDY AND REPORT ON ACCESSIBLE PAPER BALLOT VERIFICATION
MECHANISMS.
``(a) Study and Report.--The Director of the National Science
Foundation shall make grants to not fewer than 3 eligible entities to
study, test, and develop accessible paper ballot voting, verification,
and casting mechanisms and devices and best practices to enhance the
accessibility of paper ballot voting and verification mechanisms for
individuals with disabilities, for voters whose primary language is not
English, and for voters with difficulties in literacy, including best
practices for the mechanisms themselves and the processes through which
the mechanisms are used.
``(b) Eligibility.--An entity is eligible to receive a grant under
this part if it submits to the Director (at such time and in such form
as the Director may require) an application containing--
``(1) certifications that the entity shall specifically
investigate enhanced methods or devices, including non-
electronic devices, that will assist such individuals and
voters in marking voter-verified paper ballots and presenting
or transmitting the information printed or marked on such
ballots back to such individuals and voters, and casting such
ballots;
``(2) a certification that the entity shall complete the
activities carried out with the grant not later than December
31, 2014; and
``(3) such other information and certifications as the
Director may require.
``(c) Availability of Technology.--Any technology developed with
the grants made under this section shall be treated as non-proprietary
and shall be made available to the public, including to manufacturers
of voting systems.
``(d) Coordination With Grants for Technology Improvements.--The
Director shall carry out this section so that the activities carried
out with the grants made under subsection (a) are coordinated with the
research conducted under the grant program carried out by the
Commission under section 271, to the extent that the Director and
Commission determine necessary to provide for the advancement of
accessible voting technology.
``(e) Authorization of Appropriations.--There are authorized to be
appropriated to carry out subsection (a) $5,000,000, to remain
available until expended.''.
(2) Clerical amendment.--The table of contents of such Act
is amended--
(A) by redesignating the item relating to section
247 as relating to section 248; and
(B) by inserting after the item relating to section
246 the following new item:
``Sec. 247. Study and report on accessible paper ballot verification
mechanisms.''.
(c) Clarification of Accessibility Standards Under Voluntary Voting
System Guidance.--In adopting any voluntary guidance under subtitle B
of title III of the Help America Vote Act with respect to the
accessibility of the paper ballot verification requirements for
individuals with disabilities, the Election Assistance Commission shall
include and apply the same accessibility standards applicable under the
voluntary guidance adopted for accessible voting systems under such
subtitle.
(d) Permitting Use of Funds for Protection and Advocacy Systems To
Support Actions To Enforce Election-Related Disability Access.--Section
292(a) of the Help America Vote Act of 2002 (42 U.S.C. 15462(a)) is
amended by striking ``; except that'' and all that follows and
inserting a period.
SEC. 603. ADDITIONAL VOTING SYSTEM REQUIREMENTS.
(a) Requirements Described.--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 paragraphs:
``(7) Prohibiting use of uncertified election-dedicated
voting system technologies; disclosure requirements.--
``(A) In general.--A voting system used in an
election for Federal office in a State may not at any
time during the election contain or use any election-
dedicated voting system technology--
``(i) which has not been certified by the
State for use in the election; and
``(ii) which has not been deposited with an
accredited laboratory described in section 231
to be held in escrow and disclosed in
accordance with this section.
``(B) Requirement for disclosure and limitation on
restricting disclosure.--An accredited laboratory under
section 231 with whom an election-dedicated voting
system technology has been deposited shall--
``(i) hold the technology in escrow; and
``(ii) disclose technology and information
regarding the technology to another person if--
``(I) the person is a qualified
person described in subparagraph (C)
who has entered into a nondisclosure
agreement with respect to the
technology which meets the requirements
of subparagraph (D); or
``(II) the laboratory is permitted
or required to disclose the technology
to the person under State law, in
accordance with the terms and
conditions applicable under such law.
``(C) Qualified persons described.--With respect to
the disclosure of election-dedicated voting system
technology by a laboratory under subparagraph
(B)(ii)(I), a `qualified person' is any of the
following:
``(i) A governmental entity with
responsibility for the administration of voting
and election-related matters for purposes of
reviewing, analyzing, or reporting on the
technology.
``(ii) A party to pre- or post-election
litigation challenging the result of an
election or the administration or use of the
technology used in an election, including but
not limited to election contests or challenges
to the certification of the technology, or an
expert for a party to such litigation, for
purposes of reviewing or analyzing the
technology to support or oppose the litigation,
and all parties to the litigation shall have
access to the technology for such purposes.
``(iii) A person not described in clause
(i) or (ii) who reviews, analyzes, or reports
on the technology solely for an academic,
scientific, technological, or other
investigation or inquiry concerning the
accuracy or integrity of the technology.
``(D) Requirements for nondisclosure agreements.--A
nondisclosure agreement entered into with respect to an
election-dedicated voting system technology meets the
requirements of this subparagraph if the agreement--
``(i) is limited in scope to coverage of
the technology disclosed under subparagraph (B)
and any trade secrets and intellectual property
rights related thereto;
``(ii) does not prohibit a signatory from
entering into other nondisclosure agreements to
review other technologies under this paragraph;
``(iii) exempts from coverage any
information the signatory lawfully obtained
from another source or any information in the
public domain;
``(iv) remains in effect for not longer
than the life of any trade secret or other
intellectual property right related thereto;
``(v) prohibits the use of injunctions
barring a signatory from carrying out any
activity authorized under subparagraph (C),
including injunctions limited to the period
prior to a trial involving the technology;
``(vi) is silent as to damages awarded for
breach of the agreement, other than a reference
to damages available under applicable law;
``(vii) allows disclosure of evidence of
crime, including in response to a subpoena or
warrant;
``(viii) allows the signatory to perform
analyses on the technology (including by
executing the technology), disclose reports and
analyses that describe operational issues
pertaining to the technology (including
vulnerabilities to tampering, errors, risks
associated with use, failures as a result of
use, and other problems), and describe or
explain why or how a voting system failed or
otherwise did not perform as intended; and
``(ix) provides that the agreement shall be
governed by the trade secret laws of the
applicable State.
``(E) Election-dedicated voting system technology
defined.--For purposes of this paragraph:
``(i) In general.--The term `election-
dedicated voting system technology' means the
following:
``(I) The source code used for the
trusted build and its file signatures.
``(II) A complete disk image of the
pre-build, build environment, and any
file signatures to validate that it is
unmodified.
``(III) A complete disk image of
the post-build, build environment, and
any file signatures to validate that it
is unmodified.
``(IV) All executable code produced
by the trusted build and any file
signatures to validate that it is
unmodified.
``(V) Installation devices and
software file signatures.
``(ii) Exclusion.--Such term does not
include `commercial-off-the-shelf' software and
hardware defined under the 2005 voluntary
voting system guidelines adopted by the
Commission under section 222.
``(8) Prohibition of use of wireless communications devices
in systems or devices.--No system or device upon which ballots
are programmed or votes are cast or tabulated shall contain,
use, or be accessible by any wireless, power-line, or concealed
communication device, except that enclosed infrared
communications devices which are certified for use in such
device by the State and which cannot be used for any remote or
wide area communications or used without the knowledge of poll
workers shall be permitted.
``(9) Prohibiting connection of system to the internet.--
``(A) In general.--No system or device upon which
ballots are programmed or votes are cast or tabulated
shall be connected to the Internet at any time.
``(B) Rule of construction.--Nothing contained in
this paragraph shall be deemed to prohibit the
Commission from conducting the studies under section
242 or to conduct other similar studies under any other
provision of law in a manner consistent with this
paragraph.
``(10) Security standards for voting systems used in
federal elections.--
``(A) In general.--No voting system may be used in
an election for Federal office unless the manufacturer
of such system and the election officials using such
system meet the applicable requirements described in
subparagraph (B).
``(B) Requirements described.--The requirements
described in this subparagraph are as follows:
``(i) The manufacturer and the election
officials shall document the secure chain of
custody for the handling of all software,
hardware, vote storage media, blank ballots,
and completed ballots used in connection with
voting systems, and shall make the information
available upon request to the Commission.
``(ii) The manufacturer shall disclose to
an accredited laboratory under section 231 and
to the appropriate election official any
information required to be disclosed under
paragraph (7).
``(iii) After the appropriate election
official has certified the election-dedicated
and other voting system software for use in an
election, the manufacturer may not--
``(I) alter such software; or
``(II) insert or use in the voting
system any software, software patch, or
other software modification not
certified by the State for use in the
election.
``(iv) At the request of the Commission--
``(I) the appropriate election
official shall submit information to
the Commission regarding the State's
compliance with this subparagraph; and
``(II) the manufacturer shall
submit information to the Commission
regarding the manufacturer's compliance
with this subparagraph.
``(C) Development and publication of best practices
of secure chain of custody.--Not later than August 1,
2016, the Commission shall develop and make publicly
available best practices regarding the requirement of
subparagraph (B)(i) and (B)(iii), and in the case of
subparagraph (B)(iii), shall include best practices for
certifying software patches and minor software
modifications under short deadlines.
``(D) Disclosure of secure chain of custody.--The
Commission shall make information provided to the
Commission under subparagraph (B)(i) available to any
person upon request.
``(11) Durability and readability requirements for
ballots.--
``(A) Durability requirements for paper ballots.--
``(i) In general.--All voter-verified paper
ballots required to be used under this Act
shall be marked or printed on durable paper.
``(ii) Definition.--For purposes of this
Act, paper is `durable' if it is capable of
withstanding multiple counts and recounts by
hand without compromising the fundamental
integrity of the ballots, and capable of
retaining the information marked or printed on
them for the full duration of a retention and
preservation period of 22 months.
``(B) Readability requirements for paper ballots
marked by ballot marking device.--All voter-verified
paper ballots completed by the voter through the use of
a ballot marking device shall be clearly readable by
the voter without assistance (other than eyeglasses or
other personal vision enhancing devices) and by an
optical character recognition device or other device
equipped for individuals with disabilities.
``(12) Requirements for publication of poll tapes.--
``(A) Requirements.--Each State shall meet the
following requirements:
``(i) Upon the closing of the polls at each
polling place, the appropriate election
official, under the observation of the
certified tabulation observers admitted to the
polling place under subparagraph (E) (if any),
shall announce the vote orally, post a copy of
the poll tape reflecting the totals from each
voting machine upon which votes were cast in
the election at the polling place, and prepare
and post a statement of the total number of
individuals who appeared at the polling place
to cast ballots, determined by reference to the
number of signatures in a sign-in book or other
similar independent count. Such officials shall
ensure that each of the certified tabulation
observers admitted to the polling place has
full access to observe the process by which the
poll tapes and statement are produced and a
reasonable period of time to review the poll
tapes and statement before the polling place is
closed, and (if feasible) shall provide such
observers with identical duplicate copies of
the poll tapes and statement.
``(ii) As soon as practicable, but in no
event later than noon of the day following the
date of the election, the appropriate election
official shall display (at a prominent location
accessible to the public during regular
business hours and in or within reasonable
proximity to the polling place) a copy of each
poll tape and statement prepared under clause
(i), and the information shall be displayed on
the official public websites of the applicable
local election official and chief State
election official, together with the name of
the designated voting official who entered the
information and the date and time the
information was entered.
``(iii) Each website on which information
is posted under clause (ii) shall include
information on the procedures by which
discrepancies shall be reported to election
officials. If any discrepancy exists between
the posted information and the relevant poll
tape or statement, the appropriate election
official shall display information on the
discrepancy on the website on which the
information is posted under clause (ii) not
later than 24 hours after the official is made
aware of the discrepancy, and shall maintain
the information on the discrepancy and its
resolution (if applicable) on such website
during the entire period for which results of
the election are typically maintained on such
website.
``(iv) The appropriate election official
shall preserve archived copies of the poll
tapes and statements prepared under clause (i)
and reports of discrepancies filed by certified
tabulation observers for the period of time
during which records and papers are required to
be retained and preserved pursuant to title III
of the Civil Rights Act of 1960 (42 U.S.C. 1974
et seq.) or for the same duration for which
archived copies of other records of the
election are required to be preserved under
applicable State law, whichever is longer.
``(B) Treatment of ballots cast at early voting
sites.--
``(i) Application.--The requirements of
this subparagraph shall apply with respect to
poll tapes and statements of the number of
voters who voted in person at designated sites
prior to the date of the election.
``(ii) Daily count of voters.--At the close
of business on each day on which ballots
described in clause (i) may be cast prior to
the date of the election, the appropriate
election official at each such site shall--
``(I) under the observation of
certified tabulation observers admitted
to the site under subparagraph (E) (if
any), prepare and post a statement of
the total number of individuals who
appeared at the site to cast ballots,
determined by reference to the number
of signatures in a sign-in book or
other similar independent count, and
the total number of ballots cast
(excluding information on the votes
received by individual candidates), and
shall ensure that each of the certified
tabulation observers admitted to the
site has full access to observe the
process by which the statement is
produced and a reasonable period of
time to review the statement before the
site is closed; and
``(II) display at the site during
regular business hours for the duration
of the early voting period a paper copy
of the statement prepared under
subclause (I).
``(iii) Application of general requirements
for poll tapes and statements.--Upon the
closing of the polls on the date of the
election, the appropriate election official at
each designated site described in this
subparagraph shall meet the requirements of
subparagraph (A) (including requirements
relating to the role of certified tabulation
observers) in the same manner as an election
official at a polling place.
``(C) Treatment of absentee ballots.--
``(i) Daily count of ballots mailed and
received.--At the close of each business day on
which a State mails or accepts absentee ballots
cast in an election for Federal office prior to
the date of the election, the appropriate
election official shall--
``(I) under the observation of
certified tabulation observers admitted
under subparagraph (E) to the site at
which the ballots are mailed and
received (if any), prepare and post a
statement of the total number of
absentee ballots mailed and received by
the official during that day and a
separate count of the number of
absentee ballots received but rejected
(separated into categories of the
reasons for rejection), and ensure that
each of the certified tabulation
observers admitted to the site has full
access to observe the process by which
the statement is produced and a
reasonable period of time to review the
statement before the site is closed;
and
``(II) display at the site during
regular business hours for the duration
of the period during which absentee
ballots are processed a paper copy of
the statement prepared under subclause
(I).
``(ii) Application of general requirements
for poll tapes and statements.--At the close of
business on the last day on which absentee
ballots are counted prior to the certification
of the election, the appropriate election
official at the site at which absentee ballots
are received and counted shall meet the
requirements of subparagraph (A) (including
requirements relating to the role of certified
tabulation observers) in the same manner as an
election official at a polling place.
``(D) Daily count of provisional ballots.--At the
close of business on the day on which the appropriate
election official determines whether or not provisional
ballots cast in an election for Federal office will be
counted as votes in the election (as described in
section 302(a)(4)), the official shall--
``(i) under the observation of certified
tabulation observers admitted under
subparagraph (E) to the site at which the
determination is made (if any), prepare and
post a statement of the number of such ballots
for which a determination was made, the number
of ballots counted, and the number of ballots
rejected (separated into categories of the
reason for the rejection), and ensure that each
of the certified tabulation observers admitted
to the site has full access to observe the
process by which the statement is produced and
a reasonable period of time to review the
statement before the site is closed; and
``(ii) display at the site during regular
business hours for the duration of the period
during which provisional ballots are processed
a paper copy of the statement prepared under
clause (i).
``(E) Admission of certified tabulation
observers.--
``(i) Certified tabulation observer
defined.--In this paragraph, a `certified
tabulation observer' is an individual who is
certified by an appropriate election official
as authorized to carry out the responsibilities
of a certified tabulation observer under this
paragraph.
``(ii) Selection.--In determining which
individuals to certify as tabulation observers
and admit to a polling place or other location
to serve as certified tabulation observers with
respect to an election for Federal office, the
election official shall give preference to
individuals who are affiliated with a candidate
in the election, except that--
``(I) the number of individuals
admitted who are affiliated with the
same candidate for Federal office may
not exceed one; and
``(II) the maximum number of
individuals who may be admitted shall
equal the number of candidates in the
election plus 3, or such greater number
as may be authorized under State law.
``(iii) No effect on admission of other
observers.--Nothing in this subparagraph may be
construed to limit or otherwise affect the
authority of other individuals to enter and
observe polling place operations under any
other law, including international observers
authorized under any treaty or observers of the
Federal Government authorized under the Voting
Rights Act of 1965.
``(F) No effect on other tabulation requirements.--
Nothing in this Act may be construed to supersede any
requirement that an election official at a polling
place report vote totals to a central tabulation
facility and address discrepancies the official finds
in the aggregation of those totals with other vote
totals.''.
(b) Requiring Laboratories To Meet Standards Prohibiting Conflicts
of Interest as Condition of Accreditation for Testing of Voting System
Hardware and Software.--
(1) In general.--Section 231(b) of such Act (42 U.S.C.
15371(b)) is amended by adding at the end the following new
paragraphs:
``(3) Prohibiting conflicts of interest; ensuring
availability of results.--
``(A) In general.--A laboratory may not be
accredited by the Commission for purposes of this
section unless--
``(i) the laboratory certifies that the
only compensation it receives for the testing
carried out in connection with the
certification, decertification, and
recertification of the manufacturer's voting
system hardware and software is the payment
made from the Testing Escrow Account under
paragraph (4);
``(ii) the laboratory meets such standards
as the Commission shall establish (after notice
and opportunity for public comment) to prevent
the existence or appearance of any conflict of
interest in the testing carried out by the
laboratory under this section, including
standards to ensure that the laboratory does
not have a financial interest in the
manufacture, sale, and distribution of voting
system hardware and software, and is
sufficiently independent from other persons
with such an interest;
``(iii) the laboratory certifies that it
will permit an expert designated by the
Commission or by the State requiring
certification of the system being tested to
observe any testing the laboratory carries out
under this section; and
``(iv) the laboratory, upon completion of
any testing carried out under this section,
discloses the test protocols, results, and all
communication between the laboratory and the
manufacturer to the Commission.
``(B) Availability of results.--Upon receipt of
information under subparagraph (A), the Commission
shall make the information available promptly to
election officials and the public.
``(4) Procedures for conducting testing; payment of user
fees for compensation of accredited laboratories.--
``(A) Establishment of escrow account.--The
Commission shall establish an escrow account (to be
known as the `Testing Escrow Account') for making
payments to accredited laboratories for the costs of
the testing carried out in connection with the
certification, decertification, and recertification of
voting system hardware and software.
``(B) Schedule of fees.--In consultation with the
accredited laboratories, the Commission shall establish
and regularly update a schedule of fees for the testing
carried out in connection with the certification,
decertification, and recertification of voting system
hardware and software, based on the reasonable costs
expected to be incurred by the accredited laboratories
in carrying out the testing for various types of
hardware and software.
``(C) Requests and payments by manufacturers.--A
manufacturer of voting system hardware and software may
not have the hardware or software tested by an
accredited laboratory under this section unless--
``(i) the manufacturer submits a detailed
request for the testing to the Commission; and
``(ii) the manufacturer pays to the
Commission, for deposit into the Testing Escrow
Account established under subparagraph (A), the
applicable fee under the schedule established
and in effect under subparagraph (B).
``(D) Selection of laboratory.--Upon receiving a
request for testing and the payment from a manufacturer
required under subparagraph (C), the Commission shall
select, from all laboratories which are accredited
under this section to carry out the specific testing
requested by the manufacturer, an accredited laboratory
to carry out the testing.
``(E) Payments to laboratories.--Upon receiving a
certification from a laboratory selected to carry out
testing pursuant to subparagraph (D) that the testing
is completed, along with a copy of the results of the
test as required under paragraph (3)(A)(iv), the
Commission shall make a payment to the laboratory from
the Testing Escrow Account established under
subparagraph (A) in an amount equal to the applicable
fee paid by the manufacturer under subparagraph
(C)(ii).
``(5) Dissemination of additional information on accredited
laboratories.--
``(A) Information on testing.--Upon completion of
the testing of a voting system under this section, the
Commission shall promptly disseminate to the public the
identification of the laboratory which carried out the
testing.
``(B) Information on status of laboratories.--The
Commission shall promptly notify Congress, the chief
State election official of each State, and the public
whenever--
``(i) the Commission revokes, terminates,
or suspends the accreditation of a laboratory
under this section;
``(ii) the Commission restores the
accreditation of a laboratory under this
section which has been revoked, terminated, or
suspended; or
``(iii) the Commission has credible
evidence of significant security failure at an
accredited laboratory.''.
(2) Conforming amendments.--Section 231 of such Act (42
U.S.C. 15371) is further amended--
(A) in subsection (a)(1), by striking ``testing,
certification,'' and all that follows and inserting the
following: ``testing of voting system hardware and
software by accredited laboratories in connection with
the certification, decertification, and recertification
of the hardware and software for purposes of this
Act.'';
(B) in subsection (a)(2), by striking ``testing,
certification,'' and all that follows and inserting the
following: ``testing of its voting system hardware and
software by the laboratories accredited by the
Commission under this section in connection with
certifying, decertifying, and recertifying the hardware
and software.'';
(C) in subsection (b)(1), by striking ``testing,
certification, decertification, and recertification''
and inserting ``testing''; and
(D) in subsection (d), by striking ``testing,
certification, decertification, and recertification''
each place it appears and inserting ``testing''.
(3) Deadline for establishment of standards, escrow
account, and schedule of fees.--The Election Assistance
Commission shall establish the standards described in section
231(b)(3) of the Help America Vote Act of 2002 and the Testing
Escrow Account and schedule of fees described in section
231(b)(4) of such Act (as added by paragraph (1)) not later
than January 1, 2016.
(4) Authorization of appropriations.--There are authorized
to be appropriated to the Election Assistance Commission such
sums as may be necessary to carry out the Commission's duties
under paragraphs (3) and (4) of section 231 of the Help America
Vote Act of 2002 (as added by paragraph (1)).
(c) Grants for Research on Development of Election-Dedicated Voting
System Software.--
(1) In general.--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 new part:
``PART 7--GRANTS FOR RESEARCH ON DEVELOPMENT OF ELECTION-DEDICATED
VOTING SYSTEM SOFTWARE
``SEC. 297. GRANTS FOR RESEARCH ON DEVELOPMENT OF ELECTION-DEDICATED
VOTING SYSTEM SOFTWARE.
``(a) In General.--The Director of the National Science Foundation
(hereafter in this part referred to as the `Director') shall make
grants to not fewer than 3 eligible entities to conduct research on the
development of election-dedicated voting system software.
``(b) Eligibility.--An entity is eligible to receive a grant under
this part if it submits to the Director (at such time and in such form
as the Director may require) an application containing--
``(1) certifications regarding the benefits of operating
voting systems on election-dedicated software which is easily
understandable and which is written exclusively for the purpose
of conducting elections;
``(2) certifications that the entity will use the funds
provided under the grant to carry out research on how to
develop voting systems that run on election-dedicated software
and that will meet the applicable requirements for voting
systems under title III; and
``(3) such other information and certifications as the
Director may require.
``(c) Availability of Technology.--Any technology developed with
the grants made under this section shall be treated as non-proprietary
and shall be made available to the public, including to manufacturers
of voting systems.
``(d) Authorization of Appropriations.--There are authorized to be
appropriated for grants under this section $1,500,000 for each of
fiscal years 2017 and 2018, to remain available until expended.''.
(2) Clerical amendment.--The table of contents of such Act
is amended by adding at the end of the items relating to
subtitle D of title II the following:
``Part 7--Grants for Research on Development of Election-Dedicated
Voting System Software
``Sec. 297. Grants for research on development of election-dedicated
voting system software.''.
SEC. 604. AVAILABILITY OF ADDITIONAL FUNDING TO ENABLE STATES TO MEET
COSTS OF REVISED REQUIREMENTS.
(a) Extension of Requirements Payments for Meeting Revised
Requirements.--Section 257(a) of the Help America Vote Act of 2002 (42
U.S.C. 15407(a)) is amended by adding at the end the following new
paragraph:
``(5) For fiscal year 2018, the sum of--
``(A) $1,000,000,000, except that any funds
provided under the authorization made by this
subparagraph shall be used by a State only to meet the
requirements of title III which are first imposed on
the State pursuant to the amendments made by title I of
the Voter Confidence and Increased Accessibility Act of
2012, or to otherwise modify or replace its voting
systems in response to such amendments; plus
``(B) such sums as may be necessary to enable
States to carry out the activities described in
subparagraph (A) with respect to requirements which
first apply to elections for Federal office held after
in November 2020, except that any funds provided under
the authorization made by this subparagraph shall be
used by a State only for carrying out these
activities.''.
(b) Use of Revised Formula for Allocation of Funds.--Section 252(b)
of such Act (42 U.S.C. 15402(b)) is amended to read as follows:
``(b) State Allocation Percentage Defined.--
``(1) In general.--Except as provided in paragraph (2), the
`State allocation percentage' for a State is the amount
(expressed as a percentage) equal to the quotient of--
``(A) the voting age population of the State (as
reported in the most recent decennial census); and
``(B) the total voting age population of all States
(as reported in the most recent decennial census).
``(2) Special rule for payments used to meet requirements
imposed under voter confidence and increased accessibility act
of 2012.--
``(A) In general.--In the case of the requirements
payment made to a State under the authorization made by
section 257(a)(5) for fiscal year 2018 or any fiscal
year thereafter, the `State allocation percentage' for
a State is the amount (expressed as a percentage) equal
to the quotient of--
``(i) the sum of the number of noncompliant
precincts in the State and 50 percent of the
number of partially noncompliant precincts in
the State; and
``(ii) the sum of the number of
noncompliant precincts in all States and 50
percent of the number of partially noncompliant
precincts in all States.
``(B) Noncompliant precinct defined.--In this
paragraph, a `noncompliant precinct' means any precinct
(or equivalent location) within a State for which the
voting system used to administer the regularly
scheduled general election for Federal office held in
November 2016 did not meet either of the requirements
described in subparagraph (D).
``(C) Partially noncompliant precinct defined.--In
this paragraph, a `partially noncompliant precinct'
means any precinct (or equivalent location) within a
State for which the voting system used to administer
the regularly scheduled general election for Federal
office held in November 2016 met only one of the
requirements described in subparagraph (D).
``(D) Requirements described.--The requirements
described in this subparagraph with respect to a voting
system are as follows:
``(i) The primary voting system required
the use of durable paper ballots (as described
in section 301(a)(2)(A)(i)(I) and
301(a)(11)(A), as amended or added by the Voter
Confidence and Increased Accessibility Act of
2012) for every vote cast.
``(ii) The voting system allowed the voter
to privately and independently verify the
permanent paper ballot through the presentation
of the same printed or marked information used
for vote counting and auditing and to privately
and independently cast the permanent paper
ballot without handling the ballot manually.''.
(c) Revised Conditions for Receipt of Funds.--Section 253 of such
Act (42 U.S.C. 15403) is amended--
(1) in subsection (a), by striking ``A State is eligible''
and inserting ``Except as provided in subsection (f), a State
is eligible''; and
(2) by adding at the end the following new subsection:
``(f) Special Rule for Payments Used To Meet Requirements Imposed
Under Voter Confidence and Increased Accessibility Act of 2012.--
``(1) In general.--Notwithstanding any other provision of
this part, a State is eligible to receive a requirements
payment under the authorization made by section 257(a)(5) for
fiscal year 2018 or any fiscal year thereafter if, not later
than 90 days after the date of the enactment of the Voter
Confidence and Increased Accessibility Act of 2012, the chief
executive officer of the State, or designee, in consultation
and coordination with the chief State election official--
``(A) certifies to the Commission the number of
noncompliant and partially noncompliant precincts in
the State (as defined in section 252(b)(2));
``(B) certifies to the Commission that the State
will reimburse each unit of local government in the
State for any costs the unit incurs in carrying out the
activities for which the payment may be used; and
``(C) files a statement with the Commission
describing the State's need for the payment and how the
State will use the payment to meet the requirements of
title III (in accordance with the limitations
applicable to the use of the payment under section
257(a)(5)).
``(2) Certifications by states that require changes to
state law.--In the case of a State that requires State
legislation to carry out any activity covered by any
certification submitted under this subsection, the State shall
be permitted to make the certification notwithstanding that the
legislation has not been enacted at the time the certification
is submitted and such State shall submit an additional
certification once such legislation is enacted.''.
(d) Permitting Use of Funds for Reimbursement for Costs Previously
Incurred.--Section 251(c)(1) of such Act (42 U.S.C. 15401(c)(1)) is
amended by striking the period at the end and inserting the following:
``, or as a reimbursement for any costs incurred after November 2016 in
meeting the requirements of title III which are imposed pursuant to the
amendments made by title I of the Voter Confidence and Increased
Accessibility Act of 2012 or in otherwise upgrading or replacing voting
systems in a manner consistent with such amendments (so long as the
voting systems meet any of the requirements that apply with respect to
elections for Federal office held in 2020 and each succeeding year).''.
(e) Rule of Construction Regarding States Receiving Other Funds for
Replacing Punch Card, Lever, or Other Voting Machines.--Nothing in the
amendments made by this section or in any other provision of the Help
America Vote Act of 2002 may be construed to prohibit a State which
received or was authorized to receive a payment under title I or II of
such Act for replacing punch card, lever, or other voting machines from
receiving or using any funds which are made available under the
amendments made by this section.
(f) Rule of Construction Regarding Use of Funds Received in Prior
Years.--
(1) In general.--Nothing contained in this Act or the Help
America Vote Act of 2002 may be construed to prohibit a State
from using funds received under title I or II of the Help
America Vote Act of 2002 to purchase or acquire by other means
a voting system that meets the requirements of paragraphs (2)
and (3) of section 301 of the Help America Vote Act of 2002 (as
amended by this Act) in order to replace voting systems
purchased with funds received under the Help America Vote Act
of 2002 that do not meet such requirements.
(2) Waiver of notice and comment requirements.--The
requirements of subparagraphs (A), (B), and (C) of section
254(a)(11) of the Help America Vote Act of 2002 shall not apply
to any State using funds received under such Act for the
purposes described in subparagraph (A) or (B) of paragraph (1).
(g) Effective Date.--The amendments made by this section shall
apply with respect to fiscal years beginning with fiscal year 2018.
SEC. 605. EFFECTIVE DATE FOR NEW REQUIREMENTS.
Section 301(d) of the Help America Vote Act of 2002 (42 U.S.C.
15481(d)) is amended to read as follows:
``(d) Effective Date.--
``(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, 2006.
``(2) Special rule for certain requirements.--
``(A) In general.--Except as provided in
subparagraphs (B) and (C), the requirements of this
section which are first imposed on a State and
jurisdiction pursuant to the amendments made by title I
of the Voter Confidence and Increased Accessibility Act
of 2012 shall apply with respect to voting systems used
for any election for Federal office held in 2018 or any
succeeding year.
``(B) Delay for jurisdictions using certain paper
record printers or certain systems using or producing
voter-verifiable paper records in 2016.--
``(i) Delay.--In the case of a jurisdiction
described in clause (ii), subparagraph (A)
shall apply to a voting system in the
jurisdiction as if the reference in such
subparagraph to `2018' were a reference to
`2020', but only with respect to the following
requirements of this section:
``(I) Paragraph (2)(A)(i)(I) of
subsection (a) (relating to the use of
voter-marked paper ballots).
``(II) Paragraph (3)(B)(ii)(I) and
(II) of subsection (a) (relating to
access to verification from and casting
of the durable paper ballot).
``(III) Paragraph (11) of
subsection (a) (relating to durability
and readability requirements for
ballots).
``(ii) Jurisdictions described.--A
jurisdiction described in this clause is a
jurisdiction--
``(I) which used voter verifiable
paper record printers attached to
direct recording electronic voting
machines, or which used other voting
systems that used or produced paper
records of the vote verifiable by
voters but that are not in compliance
with paragraphs (2)(A)(i)(I),
(3)(B)(ii) (I) and (II), and (11) of
subsection (a) (as amended or added by
the Voter Confidence and Increased
Accessibility Act of 2012), for the
administration of the regularly
scheduled general election for Federal
office held in November 2016; and
``(II) which will continue to use
such printers or systems for the
administration of elections for Federal
office held in years before 2020.
``(iii) Mandatory availability of paper
ballots at polling places using grandfathered
printers and systems.--
``(I) Requiring ballots to be
offered and provided.--The appropriate
election official at each polling place
that uses a printer or system described
in clause (ii)(I) for the
administration of elections for Federal
office shall offer each individual who
is eligible to cast a vote in the
election at the polling place the
opportunity to cast the vote using a
blank pre-printed paper ballot which
the individual may mark by hand and
which is not produced by the direct
recording electronic voting machine or
other such system. The official shall
provide the individual with the ballot
and the supplies necessary to mark the
ballot, and shall ensure (to the
greatest extent practicable) that the
waiting period for the individual to
cast a vote is the lesser of 30 minutes
or the average waiting period for an
individual who does not agree to cast
the vote using such a paper ballot
under this clause.
``(II) Treatment of ballot.--Any
paper ballot which is cast by an
individual under this clause shall be
counted and otherwise treated as a
regular ballot for all purposes
(including by incorporating it into the
final unofficial vote count (as defined
by the State) for the precinct) and not
as a provisional ballot, unless the
individual casting the ballot would
have otherwise been required to cast a
provisional ballot.
``(III) Posting of notice.--The
appropriate election official shall
ensure there is prominently displayed
at each polling place a notice that
describes the obligation of the
official to offer individuals the
opportunity to cast votes using a pre-
printed blank paper ballot.
``(IV) Training of election
officials.--The chief State election
official shall ensure that election
officials at polling places in the
State are aware of the requirements of
this clause, including the requirement
to display a notice under subclause
(III), and are aware that it is a
violation of the requirements of this
title for an election official to fail
to offer an individual the opportunity
to cast a vote using a blank pre-
printed paper ballot.
``(V) Period of applicability.--The
requirements of this clause apply only
during the period in which the delay is
in effect under clause (i).
``(C) Special rule for jurisdictions using certain
nontabulating ballot marking devices.--In the case of a
jurisdiction which uses a nontabulating ballot marking
device which automatically deposits the ballot into a
privacy sleeve, subparagraph (A) shall apply to a
voting system in the jurisdiction as if the reference
in such subparagraph to `any election for Federal
office held in 2018 or any succeeding year' were a
reference to `elections for Federal office occurring
held in 2020 or each succeeding year', but only with
respect to paragraph (3)(B)(ii)(II) of subsection (a)
(relating to nonmanual casting of the durable paper
ballot).''.
Subtitle B--Requirement for Mandatory Manual Audits by Hand Count
SEC. 611. MANDATORY MANUAL AUDITS.
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--Mandatory Manual Audits
``SEC. 321. REQUIRING AUDITS OF RESULTS OF ELECTIONS.
``(a) Requiring Audits.--
``(1) In general.--In accordance with this subtitle, each
State shall administer, without advance notice to the precincts
or alternative audit units selected, audits of the results of
all elections for Federal office held in the State (and, at the
option of the State or jurisdiction involved, of elections for
State and local office held at the same time as such election)
consisting of random hand counts of the voter-verified paper
ballots required to be used and preserved pursuant to section
301(a)(2).
``(2) Exception for certain elections.--A State shall not
be required to administer an audit of the results of an
election for Federal office under this subtitle if the winning
candidate in the election--
``(A) had no opposition on the ballot; or
``(B) received 80 percent or more of the total
number of votes cast in the election, as determined on
the basis of the final unofficial vote count.
``(b) Determination of Entity Conducting Audits; Application of GAO
Independence Standards.--The State shall administer audits under this
subtitle through an entity selected for such purpose by the State in
accordance with such criteria as the State considers appropriate
consistent with the requirements of this subtitle, except that the
entity must meet the general standards established by the Comptroller
General and as set forth in the Comptroller General's Government
Auditing Standards to ensure the independence (including, except as
provided under section 323(b), the organizational independence) of
entities performing financial audits, attestation engagements, and
performance audits.
``(c) References to Election Auditor.--In this subtitle, the term
`Election Auditor' means, with respect to a State, the entity selected
by the State under subsection (b).
``SEC. 322. NUMBER OF BALLOTS COUNTED UNDER AUDIT.
``(a) In General.--Except as provided in subsection (b), the number
of voter-verified paper ballots which will be subject to a hand count
administered by the Election Auditor of a State under this subtitle
with respect to an election shall be determined as follows:
``(1) In the event that the unofficial count as described
in section 323(a)(1) reveals that the margin of victory between
the two candidates receiving the largest number of votes in the
election is less than 1 percent of the total votes cast in that
election, the hand counts of the voter-verified paper ballots
shall occur in at least 10 percent of all precincts or
equivalent locations (or alternative audit units used in
accordance with the method provided for under subsection (b))
in the Congressional district involved (in the case of an
election for the House of Representatives) or the State (in the
case of any other election for Federal office).
``(2) In the event that the unofficial count as described
in section 323(a)(1) reveals that the margin of victory between
the two candidates receiving the largest number of votes in the
election is greater than or equal to 1 percent but less than 2
percent of the total votes cast in that election, the hand
counts of the voter-verified paper ballots shall occur in at
least 5 percent of all precincts or equivalent locations (or
alternative audit units used in accordance with the method
provided for under subsection (b)) in the Congressional
district involved (in the case of an election for the House of
Representatives) or the State (in the case of any other
election for Federal office).
``(3) In the event that the unofficial count as described
in section 323(a)(1) reveals that the margin of victory between
the two candidates receiving the largest number of votes in the
election is equal to or greater than 2 percent of the total
votes cast in that election, the hand counts of the voter-
verified paper ballots shall occur in at least 3 percent of all
precincts or equivalent locations (or alternative audit units
used in accordance with the method provided for under
subsection (b)) in the Congressional district involved (in the
case of an election for the House of Representatives) or the
State (in the case of any other election for Federal office).
``(b) Use of Alternative Mechanism.--
``(1) Permitting use of alternative mechanism.--
Notwithstanding subsection (a), a State may adopt and apply an
alternative mechanism to determine the number of voter-verified
paper ballots which will be subject to the hand counts required
under this subtitle with respect to an election, so long as the
alternative mechanism uses the voter-verified paper ballots to
conduct the audit and the National Institute of Standards and
Technology determines that the alternative mechanism is in
accordance with the principles set forth in paragraph (2).
``(2) Principles for approval.--In approving an alternative
mechanism under paragraph (1), the National Institute of
Standards and Technology shall ensure that the audit procedure
will have the property that for each election--
``(A) the alternative mechanism will be at least as
statistically effective in ensuring the accuracy of the
election results as the procedures under this subtitle;
or
``(B) the alternative mechanism will achieve at
least a 95% confidence interval (as determined in
accordance with criteria set forth by the National
Institute of Standards and Technology) with respect to
the outcome of the election.
``(3) Deadline for response.--The Director of the National
Institute of Standards and Technology shall make a
determination regarding a State's request to approve an
alternative mechanism under paragraph (1) not later than 30
days after receiving the State's request.
``SEC. 323. PROCESS FOR ADMINISTERING AUDITS.
``(a) In General.--The Election Auditor of a State shall administer
an audit under this section of the results of an election in accordance
with the following procedures:
``(1) Within 24 hours after the State announces the final
unofficial vote count (as defined by the State) in each
precinct in the State, the Election Auditor shall--
``(A) determine and then announce the precincts or
equivalent locations (or alternative audit units used
in accordance with the method provided under section
322(b)) in the State in which it will administer the
audits; and
``(B) with respect to votes cast at the precinct or
equivalent location on or before the date of the
election (other than provisional ballots described in
paragraph (2)), begin to administer the hand count of
the votes on the voter-verified paper ballots required
to be used and preserved under section 301(a)(2)(A) and
the comparison of the count of the votes on those
ballots with the final unofficial count of such votes
as announced by the State.
``(2) With respect to votes cast other than at the precinct
on the date of the election (other than votes cast before the
date of the election described in paragraph (2)) or votes cast
by provisional ballot on the date of the election which are
certified and counted by the State on or after the date of the
election, including votes cast by absent uniformed services
voters and overseas voters under the Uniformed and Overseas
Citizens Absentee Voting Act, the Election Auditor shall
administer the hand count of the votes on the applicable voter-
verified paper ballots required to be produced and preserved
under section 301(a)(2)(A) and the comparison of the count of
the votes on those ballots with the final unofficial count of
such votes as announced by the State.
``(b) Use of Personnel.--In administering the audits, the Election
Auditor may utilize the services of the personnel of the State or
jurisdiction, including election administration personnel and poll
workers, without regard to whether or not the personnel have
professional auditing experience.
``(c) Location.--The Election Auditor shall administer an audit of
an election--
``(1) at the location where the ballots cast in the
election are stored and counted after the date of the election
or such other appropriate and secure location agreed upon by
the Election Auditor and the individual that is responsible
under State law for the custody of the ballots; and
``(2) in the presence of the personnel who under State law
are responsible for the custody of the ballots.
``(d) Special Rule in Case of Delay in Reporting Absentee Vote
Count.--In the case of a State in which the final count of absentee and
provisional votes is not announced until after the date of the
election, the Election Auditor shall initiate the process described in
subsection (a) for administering the audit not later than 24 hours
after the State announces the final unofficial vote count for the votes
cast at the precinct or equivalent location on or before the date of
the election, and shall initiate the administration of the audit of the
absentee and provisional votes pursuant to subsection (a)(2) not later
than 24 hours after the State announces the final unofficial count of
such votes.
``(e) Additional Audits if Cause Shown.--
``(1) In general.--If the Election Auditor finds that any
of the hand counts administered under this section do not match
the final unofficial tally of the results of an election, the
Election Auditor shall administer hand counts under this
section of such additional precincts (or alternative audit
units) as the Election Auditor considers appropriate to resolve
any concerns resulting from the audit and ensure the accuracy
of the election results.
``(2) Establishment and publication of procedures governing
additional audits.--Not later than August 1, 2017, each State
shall establish and publish procedures for carrying out the
additional audits under this subsection, including the means by
which the State shall resolve any concerns resulting from the
audit with finality and ensure the accuracy of the election
results.
``(f) Public Observation of Audits.--Each audit conducted under
this section shall be conducted in a manner that allows public
observation of the entire process.
``SEC. 324. SELECTION OF PRECINCTS.
``(a) In General.--Except as provided in subsection (c), the
selection of the precincts or alternative audit units in the State in
which the Election Auditor of the State shall administer the hand
counts under this subtitle shall be made by the Election Auditor on a
random basis, in accordance with procedures adopted by the National
Institute of Standards and Technology, except that at least one
precinct shall be selected at random in each county, with additional
precincts selected by the Election Auditor at the Auditor's discretion.
``(b) Public Selection.--The random selection of precincts under
subsection (a) shall be conducted in public, at a time and place
announced in advance.
``(c) Mandatory Selection of Precincts Established Specifically For
Absentee Ballots.--If a State does not sort absentee ballots by
precinct and include those ballots in the hand count with respect to
that precinct, the State shall create absentee ballot precincts or
audit units which are of similar size to the average precinct or audit
unit in the jurisdiction being audited, and shall include those
absentee precincts or audit units among the precincts in the State in
which the Election Auditor shall administer the hand counts under this
subtitle.
``(d) Deadline for Adoption of Procedures by Commission.--The
National Institute of Standards and Technology shall adopt the
procedures described in subsection (a) not later than March 31, 2017,
and shall publish them in the Federal Register upon adoption.
``SEC. 325. PUBLICATION OF RESULTS.
``(a) Submission to Commission.--As soon as practicable after the
completion of an audit under this subtitle, the Election Auditor of a
State shall submit to the Commission the results of the audit, and
shall include in the submission a comparison of the results of the
election in the precinct as determined by the Election Auditor under
the audit and the final unofficial vote count in the precinct as
announced by the State and all undervotes, overvotes, blank ballots,
and spoiled, voided, or cancelled ballots, as well as a list of any
discrepancies discovered between the initial, subsequent, and final
hand counts administered by the Election Auditor and such final
unofficial vote count and any explanation for such discrepancies,
broken down by the categories of votes described in paragraphs (1)(B)
and (2) of section 323(a).
``(b) Publication by Commission.--Immediately after receiving the
submission of the results of an audit from the Election Auditor of a
State under subsection (a), the Commission shall publicly announce and
publish the information contained in the submission.
``(c) Delay in Certification of Results by State.--
``(1) Prohibiting certification until completion of
audits.--No State may certify the results of any election which
is subject to an audit under this subtitle prior to--
``(A) to the completion of the audit (and, if
required, any additional audit conducted under section
323(e)(1)) and the announcement and submission of the
results of each such audit to the Commission for
publication of the information required under this
section; and
``(B) the completion of any procedure established
by the State pursuant to section 323(e)(2) to resolve
discrepancies and ensure the accuracy of results.
``(2) Deadline for completion of audits of presidential
elections.--In the case of an election for electors for
President and Vice President which is subject to an audit under
this subtitle, the State shall complete the audits and announce
and submit the results to the Commission for publication of the
information required under this section in time for the State
to certify the results of the election and provide for the
final determination of any controversy or contest concerning
the appointment of such electors prior to the deadline
described in section 6 of title 3, United States Code.
``SEC. 326. PAYMENTS TO STATES.
``(a) Payments For Costs of Conducting Audits.--In accordance with
the requirements and procedures of this section, the Commission shall
make a payment to a State to cover the costs incurred by the State in
carrying out this subtitle with respect to the elections that are the
subject of the audits conducted under this subtitle.
``(b) Certification of Compliance and Anticipated Costs.--
``(1) Certification required.--In order to receive a
payment under this section, a State shall submit to the
Commission, in such form as the Commission may require, a
statement containing--
``(A) a certification that the State will conduct
the audits required under this subtitle in accordance
with all of the requirements of this subtitle;
``(B) a notice of the reasonable costs incurred or
the reasonable costs anticipated to be incurred by the
State in carrying out this subtitle with respect to the
elections involved; and
``(C) such other information and assurances as the
Commission may require.
``(2) Amount of payment.--The amount of a payment made to a
State under this section shall be equal to the reasonable costs
incurred or the reasonable costs anticipated to be incurred by
the State in carrying out this subtitle with respect to the
elections involved, as set forth in the statement submitted
under paragraph (1).
``(3) Timing of notice.--The State may not submit a notice
under paragraph (1) until candidates have been selected to
appear on the ballot for all of the elections for Federal
office which will be the subject of the audits involved.
``(c) Timing of Payments.--The Commission shall make the payment
required under this section to a State not later than 30 days after
receiving the notice submitted by the State under subsection (b).
``(d) Recoupment of Overpayments.--No payment may be made to a
State under this section unless the State agrees to repay to the
Commission the excess (if any) of--
``(1) the amount of the payment received by the State under
this section with respect to the elections involved; over
``(2) the actual costs incurred by the State in carrying
out this subtitle with respect to the elections involved.
``(e) Authorization of Appropriations.--There are authorized to be
appropriated to the Commission for fiscal year 2018 and each succeeding
fiscal year $100,000,000 for payments under this section.
``SEC. 327. EXCEPTION FOR ELECTIONS SUBJECT TO RECOUNT UNDER STATE LAW
PRIOR TO CERTIFICATION.
``(a) Exception.--This subtitle does not apply to any election for
which a recount under State law will commence prior to the
certification of the results of the election, including but not limited
to a recount required automatically because of the margin of victory
between the 2 candidates receiving the largest number of votes in the
election, but only if each of the following applies to the recount:
``(1) The recount commences prior to the determination and
announcement by the Election Auditor under section 323(a)(1) of
the precincts in the State in which it will administer the
audits under this subtitle.
``(2) If the recount would apply to fewer than 100 percent
of the ballots cast in the election--
``(A) the number of ballots counted will be at
least as many as would be counted if an audit were
conducted with respect to the election in accordance
with this subtitle; and
``(B) the selection of the precincts in which the
recount will be conducted will be made in accordance
with the random selection procedures applicable under
section 324.
``(3) The recount for the election meets the requirements
of section 323(f) (relating to public observation).
``(4) The State meets the requirements of section 325
(relating to the publication of results and the delay in the
certification of results) with respect to the recount.
``(b) Clarification of Effect on Other Requirements.--Nothing in
this section may be construed to waive the application of any other
provision of this Act to any election (including the requirement set
forth in section 301(a)(2) that the voter verified paper ballots serve
as the vote of record and shall be counted by hand in all audits and
recounts, including audits and recounts described in this subtitle).
``SEC. 328. EFFECTIVE DATE.
``This subtitle shall apply with respect to elections for Federal
office held in 2018 or any succeeding year.''.
SEC. 612. AVAILABILITY OF ENFORCEMENT UNDER HELP AMERICA VOTE ACT OF
2002.
Section 401 of the Help America Vote Act of 2002 (42 U.S.C. 15511)
is amended by striking the period at the end and inserting the
following: ``, or the requirements of subtitle C of title III.''.
SEC. 613. GUIDANCE ON BEST PRACTICES FOR ALTERNATIVE AUDIT MECHANISMS.
(a) In General.--Not later than May 1, 2017, the Director of the
National Institute for Standards and Technology shall establish
guidance for States that wish to establish alternative audit mechanisms
under section 322(b) of the Help America Vote Act of 2002 (as added by
section 611). Such guidance shall be based upon scientifically and
statistically reasonable assumptions for the purpose of creating an
alternative audit mechanism that will be consistent with the principles
for approval described in section 322(b)(2) of such Act (as so added).
(b) Authorization of Appropriations.--There are authorized to be
appropriated to carry out subsection (a) $100,000, to remain available
until expended.
SEC. 614. CLERICAL AMENDMENT.
The table of contents of the Help America Vote Act of 2002 is
amended by adding at the end of the items relating to title III the
following:
``Subtitle C--Mandatory Manual Audits
``Sec. 321. Requiring audits of results of elections.
``Sec. 322. Number of ballots counted under audit.
``Sec. 323. Process for administering audits.
``Sec. 324. Selection of precincts.
``Sec. 325. Publication of results.
``Sec. 326. Payments to States.
``Sec. 327. Exception for elections subject to recount under State law
prior to certification.
``Sec. 328. Effective date.''.
TITLE VII--PROVISIONAL BALLOTS
SEC. 701. REQUIREMENTS FOR COUNTING PROVISIONAL BALLOTS; ESTABLISHMENT
OF UNIFORM AND NONDISCRIMINATORY STANDARDS.
(a) In General.--Section 302 of the Help America Vote Act of 2002
(42 U.S.C. 15482) is amended--
(1) by redesignating subsection (d) as subsection (f); and
(2) by inserting after subsection (c) the following new
subsections:
``(d) Statewide Counting of Provisional Ballots.--
``(1) In general.--For purposes of subsection (a)(4),
notwithstanding the precinct or polling place at which a
provisional ballot is cast within the State, the appropriate
election official shall count each vote on such ballot for each
election in which the individual who cast such ballot is
eligible to vote.
``(2) Effective date.--This subsection shall apply with
respect to elections held on or after January 1, 2013.
``(e) Uniform and Nondiscriminatory Standards.--
``(1) In general.--Consistent with the requirements of this
section, each State shall establish uniform and
nondiscriminatory standards for the issuance, handling, and
counting of provisional ballots.
``(2) Effective date.--This subsection shall apply with
respect to elections held on or after January 1, 2013.''.
(b) Conforming Amendment.--Section 302(f) of such Act (42 U.S.C.
15482(f)), as redesignated by subsection (a), is amended by striking
``Each State'' and inserting ``Except as provided in subsections (d)(2)
and (e)(2), each State''.
TITLE VIII--EARLY VOTING AND VOTING BY MAIL
SEC. 801. EARLY VOTING AND VOTING BY MAIL.
(a) Requirements.--Subtitle A of title III of the Help America Vote
Act of 2002 (42 U.S.C. 15481 et seq.), as amended by section 114(a) and
section 201(a), is amended--
(1) by redesignating sections 306 and 307 as sections 308
and 309; and
(2) by inserting after section 305 the following new
sections:
``SEC. 306. 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) Location of Polling Places Near Public Transportation.--To
the greatest extent practicable, a State shall ensure that each polling
place which allows voting prior to the day of a Federal election
pursuant to subsection (a) is located within walking distance of a stop
on a public transportation route.
``(d) Standards.--
``(1) 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.
``(2) Deviation.--The standards described in paragraph (1)
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.
``(e) Effective Date.--This section shall apply with respect to
elections held on or after January 1, 2014.
``SEC. 307. PROMOTING ABILITY OF VOTERS TO VOTE BY MAIL.
``(a) In General.--If an individual in a State is eligible to cast
a vote in an election for Federal office, the State may not impose any
additional conditions or requirements on the eligibility of the
individual to cast the vote in such election by mail, except as
required under subsection (b) and except to the extent that the State
imposes a deadline for requesting the ballot and related voting
materials from the appropriate State or local election official and for
returning the ballot to the appropriate State or local election
official.
``(b) Requiring Signature Verification.--A State may not accept and
process an absentee ballot submitted by any individual with respect to
an election for Federal office unless the State verifies the
identification of the individual by comparing the individual's
signature on the absentee ballot with the individual's signature on the
official list of registered voters in the State, in accordance with
such procedures as the State may adopt.
``(c) Effective Date.--This section shall apply with respect to
elections held on or after January 1, 2014.''.
(b) Conforming Amendment Relating to Issuance of Voluntary Guidance
by Election Assistance Commission.--Section 311(b) of such Act (42
U.S.C. 15501(b)), as amended by section 201(b), is amended--
(1) by striking ``and'' at the end of paragraph (3);
(2) by striking the period at the end of paragraph (4) and
inserting a semicolon; and
(3) by adding at the end the following new paragraphs:
``(5) in the case of the recommendations with respect to
section 306, June 30, 2013; and
``(6) in the case of the recommendations with respect to
section 307, June 30, 2013.''.
(c) Clerical Amendment.--The table of contents of such Act is
amended--
(1) by redesignating the items relating to sections 306 and
307 as relating to sections 308 and 309; and
(2) by inserting after the item relating to section 305 the
following new items:
``Sec. 306. Early voting.
``Sec. 307. Promoting ability of voters to vote by mail.''.
TITLE IX--ABSENT UNIFORMED SERVICES VOTERS AND OVERSEAS VOTERS
SEC. 901. EXTENDING GUARANTEE OF RESIDENCY FOR VOTING PURPOSES TO
FAMILY MEMBERS OF ABSENT MILITARY PERSONNEL.
Section 705 of the Servicemembers Civil Relief Act (50 U.S.C. App.
595) is amended--
(1) in the heading, by striking ``spouses'' and inserting
``family members''; and
(2) by amending subsection (b) to read as follows:
``(b) Family Members.--For the purposes of voting for in any
election for any Federal office (as defined in section 301 of the
Federal Election Campaign Act of 1971 (2 U.S.C. 431)) or any State or
local office, a spouse, domestic partner, or dependent of a person who
is absent from a State in compliance with military or naval orders
shall not, solely by reason of that person's absence and without regard
to whether or not such family member is accompanying that person--
``(1) be deemed to have lost a residence or domicile in
that State, without regard to whether or not the person intends
to return to that State;
``(2) be deemed to have acquired a residence or domicile in
any other State; or
``(3) be deemed to have become a resident in or a resident
of any other State.''.
SEC. 902. PRE-ELECTION REPORTS ON AVAILABILITY AND TRANSMISSION OF
ABSENTEE BALLOTS.
Section 102(c) of the Uniformed and Overseas Citizens Absentee
Voting Act (42 U.S.C. 1973ff-1(c)) is amended to read as follows:
``(c) Reports on Availability, Transmission, and Receipt of
Absentee Ballots.--
``(1) Pre-election report on absentee ballot
availability.--Not later than 55 days before any regularly
scheduled general election for Federal office, each State shall
submit a report to the Attorney General, the Election
Assistance Commission (hereafter in this subsection referred to
as the `Commission'), and the Presidential Designee, and make
that report publicly available that same day, certifying that
absentee ballots for the election are or will be available for
transmission to absent uniformed services voters and overseas
voters by not later than 45 days before the election. The
report shall be in a form prescribed jointly by the Attorney
General and the Commission and shall require the State to
certify specific information about ballot availability from
each unit of local government which will administer the
election.
``(2) Pre-election report on absentee ballot
transmission.--Not later than 43 days before any regularly
scheduled general election for Federal office, each State shall
submit a report to the Attorney General, the Commission, and
the Presidential Designee, and make that report publicly
available that same day, certifying whether all absentee
ballots have been transmitted by not later than 45 days before
the election to all qualified absent uniformed services and
overseas voters whose requests were received at least 45 days
before the election. The report shall be in a form prescribed
jointly by the Attorney General and the Commission, and shall
require the State to certify specific information about ballot
transmission, including the total numbers of ballot requests
received and ballots transmitted, from each unit of local
government which will administer the election.
``(3) Post-election report on number of absentee ballots
transmitted and received.--Not later than 90 days after the
date of each regularly scheduled general election for Federal
office, each State and unit of local government which
administered the election shall (through the State, in the case
of a unit of local government) submit a report to the Attorney
General, the Commission, and the Presidential Designee on the
combined number of absentee ballots transmitted to absent
uniformed services voters and overseas voters for the election
and the combined number of such ballots which were returned by
such voters and cast in the election, and shall make such
report available to the general public that same day.''.
SEC. 903. ENFORCEMENT.
(a) Availability of Civil Penalties and Private Rights of Action.--
Section 105 of the Uniformed and Overseas Citizens Absentee Voting Act
(42 U.S.C. 1973ff-4) is amended to read as follows:
``SEC. 105. ENFORCEMENT.
``(a) Action by Attorney General.--
``(1) In general.--The Attorney General may bring civil
action in an appropriate district court for such declaratory or
injunctive relief as may be necessary to carry out this title.
``(2) Penalty.--In a civil action brought under paragraph
(1), if the court finds that the State violated any provision
of this title, it may, to vindicate the public interest, assess
a civil penalty against the State--
``(A) in an amount not to exceed $110,000 for each
such violation, in the case of a first violation; or
``(B) in an amount not to exceed $220,000 for each
such violation, for any subsequent violation.
``(3) Report to congress.--Not later than December 31 of
each year, the Attorney General shall submit to Congress an
annual report on any civil action brought under paragraph (1)
during the preceding year.
``(b) Private Right of Action.--A person who is aggrieved by a
State's violation of this title may bring a civil action in an
appropriate district court for such declaratory or injunctive relief as
may be necessary to carry out this title.
``(c) State as Only Necessary Defendant.--In any action brought
under this section, the only necessary party defendant is the State,
and it shall not be a defense to any such action that a local election
official or a unit of local government is not named as a defendant,
notwithstanding that a State has exercised the authority described in
section 576 of the Military and Overseas Voter Empowerment Act to
delegate to another jurisdiction in the State any duty or
responsibility which is the subject of an action brought under this
section.''.
(b) Effective Date.--The amendments made by this section shall
apply with respect to violations alleged to have occurred on or after
the date of the enactment of this Act.
SEC. 904. REVISIONS TO 45-DAY ABSENTEE BALLOT TRANSMISSION RULE.
(a) Repeal of Waiver Authority.--
(1) In general.--Section 102 of the Uniformed and Overseas
Citizens Absentee Voting Act (42 U.S.C. 1973ff-1) is amended by
striking subsection (g).
(2) Conforming amendment.--Section 102(a)(8)(A) of such Act
(42 U.S.C. 1973ff-1(a)(8)(A)) is amended by striking ``except
as provided in subsection (g),''.
(b) Requiring Use of Express Delivery in Case of Failure To Meet
Requirement.--Section 102 of such Act (42 U.S.C. 1973ff-1), as amended
by subsection (a), is amended by inserting after subsection (f) the
following new subsection:
``(g) Requiring Use of Express Delivery in Case of Failure To
Transmit Ballots Within Deadlines.--
``(1) Transmission of ballot by express delivery.--If a
State fails to meet the requirement of subsection (a)(8)(A) to
transmit a validly requested absentee ballot to an absent
uniformed services voter or overseas voter not later than 45
days before the election (in the case in which the request is
received at least 45 days before the election)--
``(A) the State shall transmit the ballot to the
voter by express delivery; or
``(B) in the case of a voter who has designated
that absentee ballots be transmitted electronically in
accordance with subsection (f)(1), the State shall
transmit the ballot to the voter electronically.
``(2) Special rule for transmission fewer than 40 days
before the election.--If, in carrying out paragraph (1), a
State transmits an absentee ballot to an absent uniformed
services voter or overseas voter fewer than 40 days before the
election, the State shall enable the ballot to be returned by
the voter by express delivery, except that in the case of an
absentee ballot of an absent uniformed services voter for a
regularly scheduled general election for Federal office, the
State may satisfy the requirement of this paragraph by
notifying the voter of the procedures for the collection and
delivery of such ballots under section 103A.''.
(c) Clarification of Treatment of Weekends.--Section 102(a)(8)(A)
of such Act (42 U.S.C. 1973ff-1(a)(8)(A)) is amended by striking ``the
election;'' and inserting the following: ``the election (or, if the
45th day preceding the election is a weekend or legal public holiday,
not later than the most recent weekday which precedes such 45th day and
which is not a legal public holiday, but only if the request is
received by at least such most recent weekday);''.
SEC. 905. USE OF SINGLE ABSENTEE BALLOT APPLICATION FOR SUBSEQUENT
ELECTIONS.
(a) In General.--Section 104 of the Uniformed and Overseas Citizens
Absentee Voting Act (42 U.S.C. 1973ff-3) is amended to read as follows:
``SEC. 104. USE OF SINGLE APPLICATION FOR SUBSEQUENT ELECTIONS.
``(a) In General.--If a State accepts and processes an official
post card form (prescribed under section 101) submitted by an absent
uniformed services voter or overseas voter for simultaneous voter
registration and absentee ballot application (in accordance with
section 102(a)(4)) and the voter requests that the application be
considered an application for an absentee ballot for each subsequent
election for Federal office held in the State through the next
regularly scheduled general election for Federal office (including any
runoff elections which may occur as a result of the outcome of such
general election), the State shall provide an absentee ballot to the
voter for each such subsequent election.
``(b) Exception for Voters Changing Registration.--Subsection (a)
shall not apply with respect to a voter registered to vote in a State
for any election held after the voter notifies the State that the voter
no longer wishes to be registered to vote in the State or after the
State determines that the voter has registered to vote in another State
or is otherwise no longer eligible to vote in the State.
``(c) Prohibition of Refusal of Application on Grounds of Early
Submission.--A State may not refuse to accept or to process, with
respect to any election for Federal office, any otherwise valid voter
registration application or absentee ballot application (including the
postcard form prescribed under section 101) submitted by an absent
uniformed services voter or overseas voter on the grounds that the
voter submitted the application before the first date on which the
State otherwise accepts or processes such applications for that
election which are submitted by absentee voters who are not members of
the uniformed services or overseas citizens.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to voter registration and absentee ballot
applications which are submitted to a State or local election official
on or after the date of the enactment of this Act.
SEC. 906. APPLICATION OF UOCAVA TO COMMONWEALTH OF NORTHERN MARIANA
ISLANDS.
Section 107(6) of the Uniformed and Overseas Citizens Absentee
Voting Act (42 U.S.C. 1973 ff-6(6)) is amended by striking ``and
American Samoa'' and inserting ``American Samoa, and the Commonwealth
of the Northern Mariana Islands''.
SEC. 907. EFFECTIVE DATE.
The amendments made by this title shall apply with respect to
elections occurring on or after January 1, 2014.
TITLE X--POLL WORKER RECRUITMENT AND TRAINING
SEC. 1001. LEAVE TO SERVE AS A POLL WORKER FOR FEDERAL EMPLOYEES.
(a) In General.--Subchapter II of chapter 63 of title 5, United
States Code, is amended by adding at the end the following:
``Sec. 6329. Absence in connection with serving as a poll worker
``(a) In General.--An employee in or under an Executive agency is
entitled to leave, without loss of or reduction in pay, leave to which
otherwise entitled, credit for time or service, or performance or
efficiency rating, not to exceed 6 days in a leave year, in order--
``(1) to provide election administration assistance to a
State or unit of local government at a polling place on the
date of any election for public office; or
``(2) to receive any training without which such employee
would be ineligible to provide such assistance.
``(b) Regulations.--The Director of the Office of Personnel
Management may prescribe regulations for the administration of this
section, including regulations setting forth the terms and conditions
of the election administration assistance an employee may provide for
purposes of subsection (a).''.
(b) Clerical Amendment.--The table of sections for chapter 63 of
title 5, United States Code, is amended by inserting after the item
relating to section 6328 the following:
``6329. Absence in connection with serving as a poll worker.''.
SEC. 1002. GRANTS TO STATES FOR POLL WORKER RECRUITMENT AND TRAINING.
(a) Grants by Election Assistance Commission.--
(1) In general.--The Election Assistance Commission
(hereafter referred to as the ``Commission'') shall make a
grant to each eligible State for recruiting and training
individuals to serve as nonpartisan poll workers on dates of
elections for public office.
(2) Use of commission materials.--In carrying out
activities with a grant provided under this section, the
recipient of the grant shall use the manual prepared by the
Commission on successful practices for poll worker recruiting,
training and retention as an interactive training tool, and
shall develop training programs with the participation and
input of experts in adult learning.
(b) Requirements for Eligibility.--
(1) Application.--Each State that desires to receive a
payment under this section shall submit an application for the
payment to the Commission at such time and in such manner and
containing such information as the Commission shall require.
(2) Contents of application.--Each application submitted
under paragraph (1) shall--
(A) describe the activities for which assistance
under this section is sought;
(B) provide assurances that the funds provided
under this section will be used to supplement and not
supplant other funds used to carry out the activities;
(C) provide assurances that the State will furnish
the Commission with information on the number of
individuals who served as nonpartisan poll workers
after recruitment and training with the funds provided
under this section; and
(D) provide such additional information and
certifications as the Commission determines to be
essential to ensure compliance with the requirements of
this section.
(c) Amount of Grant.--
(1) In general.--The amount of a grant made to a State
under this section shall be equal to the product of--
(A) the aggregate amount made available for grants
to States under this section; and
(B) the voting age population percentage for the
State.
(2) Voting age population percentage defined.--In paragraph
(1), the ``voting age population percentage'' for a State is
the quotient of--
(A) the voting age population of the State (as
determined on the basis of the most recent information
available from the Bureau of the Census); and
(B) the total voting age population of all States
(as determined on the basis of the most recent
information available from the Bureau of the Census).
(d) Reports to Congress.--
(1) Reports by recipients of grants.--Not later than 6
months after the date on which the final grant is made under
this section, each recipient of a grant shall submit a report
to the Commission on the activities conducted with the funds
provided by the grant.
(2) Reports by commission.--Not later than 1 year after the
date on which the final grant is made under this section, the
Commission shall submit a report to Congress on the grants made
under this section and the activities carried out by recipients
with the grants, and shall include in the report such
recommendations as the Commission considers appropriate.
(e) Funding.--
(1) Continuing availability of amount appropriated.--Any
amount appropriated to carry out this section shall remain
available without fiscal year limitation until expended.
(2) Administrative expenses.--Of the amount appropriated
for any fiscal year to carry out this section, not more than 3
percent shall be available for administrative expenses of the
Commission.
SEC. 1003. MODEL POLL WORKER TRAINING PROGRAM.
(a) Development of Program by Election Assistance Commission.--Not
later than 1 year after the date of the enactment of this Act, the
Election Assistance Commission shall develop and provide to each State
materials for a model poll worker training program which the State may
use to train individuals to serve as poll workers in elections for
Federal office.
(b) Contents of Materials.--The materials for the model poll worker
training program developed under this section shall include materials
to provide training with respect to the following:
(1) The relevant provisions of the Federal laws which apply
to the administration of elections for Federal office in the
State, including the Voting Rights Act of 1965 and the Help
America Vote Act of 2002.
(2) The provision of access to voting to individuals with
disabilities in a manner which preserves the dignity and
privacy of such individuals.
(3) The provision of access to voting to individuals with
limited English language proficiency, and to individuals who
are members or racial or ethnic minorities, consistent with the
protections provided for such individuals under relevant law,
in a manner which preserves the dignity of such individuals.
(4) Practical experience in the use of the voting machines
which will be used in the election involved, including the
accessibility features of such machines.
(5) Such other election administration subjects as the
Commission considers appropriate to ensure that poll workers
are able to effectively assist with the administration of
elections for Federal office.
SEC. 1004. STATE DEFINED.
In this title, the term ``State'' includes the District of
Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, and
the United States Virgin Islands.
TITLE XI--ENHANCEMENT OF ENFORCEMENT
SEC. 1101. ENHANCEMENT OF ENFORCEMENT OF HELP AMERICA VOTE ACT OF 2002.
(a) Complaints; Availability of Private Right of Action.--Section
401 of the Help America Vote Act of 2002 (42 U.S.C. 15511) is amended--
(1) by striking ``The Attorney General'' and inserting
``(a) In General.--The Attorney General''; and
(2) 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 or subtitle C of title III which has occurred, is
occurring, or 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. The Attorney General
shall immediately provide a copy of a complaint filed under the
previous sentence to the entity responsible for administering
the State-based administrative complaint procedures described
in section 402(a) for the State involved.
``(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). The Attorney General shall immediately
provide a copy of the response made under the previous sentence
to the entity responsible for administering the State-based
administrative complaint procedures described in section 402(a)
for the State involved.
``(c) Availability of Private Right of Action.--Any person who is
authorized to file a complaint under subsection (b)(1) (including any
individual who seeks to enforce the individual's right to a voter-
verified paper ballot, the right to have the voter-verified paper
ballot counted in accordance with this Act, or any other right under
subtitles A or C of title III) may file 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, or the
requirements of subtitle C 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.''.
(b) Effective Date.--The amendments made by this section shall
apply with respect to violations occurring with respect to elections
for Federal office held in 2014 or any succeeding year.
TITLE XII--FEDERAL ELECTION INTEGRITY
SEC. 1201. PROHIBITION ON CAMPAIGN ACTIVITIES BY CHIEF STATE ELECTION
ADMINISTRATION OFFICIALS.
(a) In General.--Title III of the Federal Election Campaign Act of
1971 (2 U.S.C. 431 et seq.) is amended by inserting after section 319
the following new section:
``campaign activities by chief state election administration officials
``Sec. 319A. (a) Prohibition.--It shall be unlawful for a chief
State election administration official to take an active part in
political management or in a political campaign with respect to any
election for Federal office over which such official has supervisory
authority.
``(b) Chief State Election Administration Official.--The term
`chief State election administration official' means the highest State
official with responsibility for the administration of Federal
elections under State law.
``(c) Active Part in Political Management or in a Political
Campaign.--The term `active part in political management or in a
political campaign' means--
``(1) serving as a member of an authorized committee of a
candidate for Federal office;
``(2) the use of official authority or influence for the
purpose of interfering with or affecting the result of an
election for Federal office;
``(3) the solicitation, acceptance, or receipt of a
contribution from any person on behalf of a candidate for
Federal office; and
``(4) any other act which would be prohibited under
paragraph (2) or (3) of section 7323(b) of title 5, United
States Code, if taken by an individual to whom such paragraph
applies (other than any prohibition on running for public
office).
``(d) Exception for Campaigns of Official or Immediate Family
Members.--
``(1) In general.--This section does not apply to a chief
State election administration official with respect to an
election for Federal office in which the official or an
immediate family member of the official is a candidate.
``(2) Immediate family member defined.--In paragraph (1),
the term `immediate family member' means, with respect to a
candidate, a father, mother, son, daughter, brother, sister,
husband, wife, father-in-law, or mother-in-law.''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply with respect to elections for Federal office held after December
2012.
TITLE XIII--OTHER ELECTION ADMINISTRATION IMPROVEMENTS
SEC. 1301. TREATMENT OF UNIVERSITIES AS VOTER REGISTRATION AGENCIES.
(a) In General.--Section 7(a) of the National Voter Registration
Act of 1993 (42 U.S.C. 1973gg-5(a)) is amended--
(1) in paragraph (2)--
(A) by striking ``and'' at the end of subparagraph
(A);
(B) by striking the period at the end of
subparagraph (B) and inserting ``; and''; and
(C) by adding at the end the following new
subparagraph:
``(C) each institution of higher education (as
defined in section 101 of the Higher Education Act of
1965 (20 U.S.C. 1001)) in the State that receives
Federal funds.''; and
(2) in paragraph (6)(A), by inserting ``or, in the case of
an institution of higher education, with each registration of a
student for enrollment in a course of study'' after
``assistance,''.
(b) Amendment to Higher Education Act of 1965.--Section 487(a) of
the Higher Education Act of 1965 (20 U.S.C. 1094(a)) is amended by
striking paragraph (23).
(c) Effective Date.--The amendments made by this section shall
apply with respect to elections held on or after January 1, 2014.
SEC. 1302. MINIMUM NOTIFICATION REQUIREMENTS FOR VOTERS AFFECTED BY
POLLING PLACE CHANGES.
(a) Requirements.--Section 302 of the Help America Vote Act of 2002
(42 U.S.C. 15482), as amended by section 701(a), is amended--
(1) by redesignating subsection (f) as subsection (g); and
(2) by inserting after subsection (e) the following new
subsection:
``(f) Minimum Notification Requirements for Voters Affected by
Polling Place Changes.--
``(1) In general.--If a State assigns an individual who is
a registered voter in a State to a polling place with respect
to an election for Federal office which is not the same polling
place to which the individual was previously assigned with
respect to the most recent election for Federal office in the
State in which the individual was eligible to vote--
``(A) the State shall notify the individual of the
location of the polling place not later than 7 days
before the date of the election; or
``(B) if the State makes such an assignment fewer
than 7 days before the date of the election and the
individual appears on the date of the election at the
polling place to which the individual was previously
assigned, the State shall make every reasonable effort
to enable the individual to vote on the date of the
election.
``(2) Effective date.--This subsection shall apply with
respect to elections held on or after January 1, 2013.''.
(b) Conforming Amendment.--Section 302(f) of such Act (42 U.S.C.
15482(f)), as redesignated by subsection (a) and as amended by section
701(b), is amended by striking ``(d)(2) and (e)(2)'' and inserting
``(d)(2), (e)(2), and (f)(2)''.
SEC. 1303. VOTER INFORMATION RESPONSE SYSTEMS AND HOTLINE.
(a) Establishment and Operation of Systems and Services.--
(1) State-based response systems.--The Attorney General
shall coordinate the establishment of a State-based response
system for responding to questions and complaints from
individuals voting or seeking to vote, or registering to vote
or seeking to register to vote, in elections for Federal
office. Such system shall provide--
(A) State-specific, same-day, and immediate
assistance to such individuals, including information
on how to register to vote, the location and hours of
operation of polling places, and how to obtain absentee
ballots; and
(B) State-specific, same-day, and immediate
assistance to individuals encountering problems with
registering to vote or voting, including individuals
encountering intimidation or deceptive practices.
(2) Hotline.--The Attorney General, in consultation with
State election officials, shall establish and operate a toll-
free telephone service, using a telephone number that is
accessible throughout the United States and that uses easily
identifiable numerals, through which individuals throughout the
United States--
(A) may connect directly to the State-based
response system described in paragraph (1) with respect
to the State involved;
(B) may obtain information on voting in elections
for Federal office, including information on how to
register to vote in such elections, the locations and
hours of operation of polling places, and how to obtain
absentee ballots; and
(C) may report information to the Attorney General
on problems encountered in registering to vote or
voting, including incidences of voter intimidation or
suppression.
(3) Collaboration with state and local election
officials.--
(A) Collection of information from states.--The
Attorney General shall coordinate the collection of
information on State and local election laws and
policies, including information on the Statewide
computerized voter registration lists maintained under
title III of the Help America Vote Act of 2002, so that
individuals who contact the free telephone service
established under paragraph (2) on the date of an
election for Federal office may receive an immediate
response on that day.
(B) Forwarding questions and complaints to
states.--If an individual contacts the free telephone
service established under paragraph (2) on the date of
an election for Federal office with a question or
complaint with respect to a particular State or
jurisdiction within a State, the Attorney General shall
forward the question or complaint immediately to the
appropriate election official of the State or
jurisdiction so that the official may answer the
question or remedy the complaint on that date.
(b) Use of Service by Individuals With Disabilities and Individuals
With Limited English Language Proficiency.--The Attorney General shall
design and operate the telephone service established under this section
in a manner that ensures that individuals with disabilities and
individuals with limited proficiency in the English language are fully
able to use the service.
(c) Voter Hotline Task Force.--
(1) Appointment by attorney general.--The Attorney General
shall appoint individuals (in such number as the Attorney
General considers appropriate but in no event fewer than 3) to
serve on a Voter Hotline Task Force to provide ongoing analysis
and assessment of the operation of the telephone service
established under this section, and shall give special
consideration in making appointments to the Task Force to
individuals who represent civil rights organizations. At least
one member of the Task Force shall be a representative of an
organization promoting voting rights or civil rights which has
experience in the operation of similar telephone services or in
protecting the rights of individuals to vote, especially
individuals who are members or racial minorities or of
communities who have been adversely affected by efforts to
suppress voting rights.
(2) Eligibility.--An individual shall be eligible to serve
on the Task Force under this subsection if the individual meets
such criteria as the Attorney General may establish, except
that an individual may not serve on the task force if the
individual has been convicted of any criminal offense relating
to voter intimidation or voter suppression.
(3) Term of service.--An individual appointed to the Task
Force shall serve a single term of 2 years, except that the
initial terms of the members first appointed to the Task Force
shall be staggered so that there are at least 3 individuals
serving on the Task Force during each year. A vacancy in the
membership of the Task Force shall be filled in the same manner
as the original appointment.
(4) No compensation for service.--Members of the Task Force
shall serve without pay, but shall receive travel expenses,
including per diem in lieu of subsistence, in accordance with
applicable provisions under subchapter I of chapter 57 of title
5, United States Code.
(d) Bi-Annual Report to Congress.--Not later than March 1 of each
odd-numbered year, the Attorney General shall submit a report to
Congress on the operation of the telephone service established under
this section during the previous 2 years, and shall include in the
report--
(1) an enumeration of the number and type of calls that
were received by the service;
(2) a compilation and description of the reports made to
the service by individuals citing instances of voter
intimidation or suppression;
(3) an assessment of the effectiveness of the service in
making information available to all households in the United
States with telephone service;
(4) any recommendations developed by the Task Force
established under subsection (c) with respect to how voting
systems may be maintained or upgraded to better accommodate
voters and better ensure the integrity of elections, including
but not limited to identifying how to eliminate coordinated
voter suppression efforts and how to establish effective
mechanisms for distributing updates on changes to voting
requirements; and
(5) any recommendations on best practices for the State-
based response systems established under subsection (a)(1).
(e) Authorization of Appropriations.--
(1) Authorization.--There are authorized to be appropriated
to the Attorney General for fiscal year 2012 and each
succeeding fiscal year such sums as may be necessary to carry
out this section.
(2) Set-aside for outreach.--Of the amounts appropriated to
carry out this Act for a fiscal year pursuant to the
authorization under paragraph (1), not less than 15% shall be
used for outreach activities to make the public aware of the
availability of the telephone service established under this
section, with an emphasis on outreach to individuals with
disabilities and individuals with limited proficiency in the
English language.
SEC. 1304. REAUTHORIZATION OF ELECTION ASSISTANCE COMMISSION.
Section 210 of the Help America Vote Act of 2002 (42 U.S.C. 15330)
is amended by striking ``for each of the fiscal years 2003 through
2005'' and inserting ``for each of the fiscal years 2012 through
2016''.
SEC. 1305. REPEAL OF EXEMPTION OF ELECTION ASSISTANCE COMMISSION FROM
CERTAIN GOVERNMENT CONTRACTING REQUIREMENTS.
(a) In General.--Section 205 of the Help America Vote Act of 2002
(42 U.S.C. 15325) is amended by striking subsection (e).
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to contracts entered into by the Election Assistance
Commission on or after the date of the enactment of this Act.
SEC. 1306. NO EFFECT ON OTHER LAWS.
(a) In General.--Except as specifically provided, nothing in this
Act may be construed to authorize or require conduct prohibited under
any of the following laws, or to supersede, restrict, or limit the
application of such laws:
(1) The Voting Rights Act of 1965 (42 U.S.C. 1973 et seq.).
(2) The Voting Accessibility for the Elderly and
Handicapped Act (42 U.S.C. 1973ee et seq.).
(3) The Uniformed and Overseas Citizens Absentee Voting Act
(42 U.S.C. 1973ff et seq.).
(4) The National Voter Registration Act of 1993 (42 U.S.C.
1973gg et seq.).
(5) The Americans with Disabilities Act of 1990 (42 U.S.C.
12101 et seq.).
(6) The Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.).
(b) No Effect on Preclearance or Other Requirements Under Voting
Rights Act.--The approval by any person of a payment or grant
application under this Act, or any other action taken by any person
under this Act, shall not be considered to have any effect on
requirements for preclearance under section 5 of the Voting Rights Act
of 1965 (42 U.S.C. 1973c) or any other requirements of such Act.
<all>
Introduced in House
Introduced in House
Sponsor introductory remarks on measure. (CR E838)
Referred to the Committee on House Administration, and in addition to the Committees on the Judiciary, Science, Space, and Technology, Veterans' Affairs, Oversight and Government Reform, and Education and the Workforce, 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.
Referred to the Committee on House Administration, and in addition to the Committees on the Judiciary, Science, Space, and Technology, Veterans' Affairs, Oversight and Government Reform, and Education and the Workforce, 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.
Referred to the Committee on House Administration, and in addition to the Committees on the Judiciary, Science, Space, and Technology, Veterans' Affairs, Oversight and Government Reform, and Education and the Workforce, 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.
Referred to the Committee on House Administration, and in addition to the Committees on the Judiciary, Science, Space, and Technology, Veterans' Affairs, Oversight and Government Reform, and Education and the Workforce, 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.
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Referred to the Committee on House Administration, and in addition to the Committees on the Judiciary, Science, Space, and Technology, Veterans' Affairs, Oversight and Government Reform, and Education and the Workforce, 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.
Referred to the Committee on House Administration, and in addition to the Committees on the Judiciary, Science, Space, and Technology, Veterans' Affairs, Oversight and Government Reform, and Education and the Workforce, 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.
Referred to the Subcommittee on Elections.
Referred to the Subcommittee on Health.
Referred to the Subcommittee on the Constitution.
Referred to the Subcommittee on Technology and Innovation.
Referred to the Subcommittee on Higher Education and Workforce Training.