Rural and Tribal Voter Rights Act - Directs the Election Assistance Commission to make a payment each fiscal year to each state which meets early voting location distribution plan development requirements for ensuring that eligible voters have adequate access to early voting locations.
Requires a state or local election official to provide at least one one early voting location on tribal land when requested by the tribal government.
Requires each state to, after reasonable notice and public hearings, adopt and submit to the Commission a plan which provides for the equitable distribution of early voting locations.
Requires each state to make early voting available to any eligible voter for at least 10 days before an election for federal office.
Directs the Secretary of Veterans Affairs, the Secretary of Health and Human Services (HHS), the Commissioner of the Social Security Administration, the Postmaster General, the Secretary of Agriculture, and the Secretary of the Interior to permit a state to designate facilities of the respective agencies located in the state as voter registration agencies.
Requires each state to permit any eligible individual on the same day as a federal election and on any day when voting, including early voting, is permitted for a federal election to: (1) register to vote in the election, and (2) cast a vote in it.
Requires each state to provide a secure online interface available to the public on a public, government website that allows any eligible individual to register electronically to vote or to update their voter registration.
Authorizes the Attorney General to bring a civil action in an appropriate district court for declaratory or injunctive relief as necessary to carry out this Act. Allows any aggrieved person a private right of action, too.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 2751 Introduced in Senate (IS)]
113th CONGRESS
2d Session
S. 2751
To provide payments to States for activities to expand early voting
access, provide for an equitable distribution of early voting polling
locations, including early voting polling locations on Indian tribal
land, and to implement voter registration reforms for elections for
Federal office, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 31, 2014
Mr. Walsh introduced the following bill; which was read twice and
referred to the Committee on Rules and Administration
_______________________________________________________________________
A BILL
To provide payments to States for activities to expand early voting
access, provide for an equitable distribution of early voting polling
locations, including early voting polling locations on Indian tribal
land, and to implement voter registration reforms for 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.
This Act may be cited as the ``Rural and Tribal Voter Rights Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Chief state election official.--The term ``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.
(2) Commission.--The term ``Commission'' means the Election
Assistance Commission established under section 201 of the Help
America Vote Act of 2002 (42 U.S.C. 15321).
SEC. 3. PAYMENTS TO STATES FOR ACTIVITIES TO EXPAND EARLY VOTING
ACCESS, PROVIDE FOR EQUITABLE DISTRIBUTION OF EARLY
VOTING POLLING LOCATIONS, AND VOTER REGISTRATION REFORMS.
(a) In General.--The Commission shall make a requirements payment
each fiscal year in an amount determined under subsection (b) to each
State that the Commission determines meets the requirements described
in section 4(b).
(b) Amount of Payment.--
(1) In general.--Subject to subsection (c), the amount of a
payment made to a State for a fiscal year under this section
shall be equal to the product of--
(A) the total amount appropriated for payments for
the fiscal year pursuant to the authorization under
subsection (h) minus the total amount of all of the
minimum payment amounts determined under subsection
(c); and
(B) the State allocation percentage for the State
(as determined under paragraph (2)).
(2) State allocation percentage defined.--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).
(c) Guaranteed Minimum Payment Amount.--The amount of a payment
made to a State for a fiscal year under this section may not be less
than--
(1) in the case of any of the several States or the
District of Columbia, one-half of 1 percent of the total amount
appropriated for payments under the authorization under
subsection (h) for the fiscal year; or
(2) in the case of the Commonwealth of Puerto Rico, Guam,
American Samoa, or the United States Virgin Islands, one-tenth
of 1 percent of such total amount.
(d) State Receipt of Funds.--A State is eligible to receive a
payment under this section for a fiscal year if the chief executive
officer of the State, or designee, in consultation and coordination
with the chief State election official, has filed with the Commission a
statement certifying that the State is in compliance with the
requirements of section 4(b).
(e) Use of Payment.--
(1) In general.--A State shall use the funds provided under
a payment made under this section to carry out the requirements
of this Act, including the following:
(A) Training and hiring election officials, poll
workers, and election volunteers.
(B) Establishing early voting locations.
(C) Implementing the State plan described in
section 4(b).
(D) Acquiring, leasing, improving, modifying, or
replacing voting technology to implement the
requirements of this Act.
(E) Establishing online registration systems.
(F) Educating voters about voting opportunities,
voter registration, voting procedures, and voting
rights.
(2) Use for other purposes.--Subject to paragraph (3), a
State may use the funds provided under a payment made under
this section to improve the administration of elections for
Federal office if the chief State election official certifies
that the requirements of this Act have been met.
(3) Limitation.--A State may not use any portion of a
payment under this section--
(A) to pay costs associated with any litigation; or
(B) for the payment of any judgment.
(f) Eligibility.--A State is eligible to receive a payment under
this section notwithstanding that State legislation is required to
carry out an activity under this Act and the State legislation has not
been enacted at the time this Act takes effect.
(g) Deposit of Amounts in State Election Fund.--A State shall
deposit any funds provided under this section in the State election
fund described in section 254(b) of the Help America Vote Act of 2002
(42 U.S.C. 15404(b)).
(h) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated to
carry out this section such sums as may be necessary to provide
grants to States to carry out the requirements of this Act.
(2) Continuing availability of funds after appropriation.--
Any payment made to a State under this section shall be
available to the State without fiscal year limitation.
SEC. 4. EQUITABLE DISTRIBUTION OF EARLY VOTING POLLING LOCATIONS.
(a) Tribal Early Voting Locations.--A State or local election
official shall provide at least one early voting location on tribal
land when requested by the applicable Tribal government.
(b) State Early Voting Location Distribution Plan Development.--
(1) In general.--Each State shall, after reasonable notice
and public hearings, adopt and submit to the Commission, not
later than the date that is 2 years after the date of enactment
of this Act, a plan which provides for the equitable
distribution of early voting locations.
(2) State plan development.--The chief executive officer of
each State, or designee, in consultation and coordination with
the chief State election official, shall develop the State plan
through a committee of appropriate individuals, including the
local election officials of the two most populous jurisdictions
in the State, other local election officials in the State,
stakeholders, and other citizens, appointed for such purpose by
the chief State election official.
(3) State plan requirements.--A State plan shall ensure
that eligible voters have adequate access to early voting
locations, taking into consideration each of the following:
(A) Population density.
(B) Travel time to local election offices.
(C) Travel time to permanent or temporary early
voting locations.
(D) The potential use of alternate early voting
locations, including public buildings, city and county
government buildings, tribal government offices, public
libraries, fairgrounds, civic centers, courthouses,
senior centers, community centers, and private places
of business.
(E) The extent to which members of a class
protected by section 2(a) of the Voting Rights of Act
of 1965 (42 U.S.C. 1973(a)) have an equal opportunity
to participate in early voting and have an equal
opportunity to access early voting locations.
(F) The potential use of temporary early voting
locations, including mobile voting systems.
(4) Revision of state plan.--Each State plan shall provide
for revision of the plan from time to time as may be necessary
to take account of changes in voter populations.
(5) Publication by commission.--The Commission shall
publish in the Federal Register each State plan submitted to
the Commission under this subsection.
(6) Exemption for states that provide for equitable
distribution of early voting locations.--The requirements of
this subsection shall not apply to a State that, under State
law that is in effect continuously on and after June 1, 2016,
provides for the equitable distribution of early voting
locations in the State with respect to elections for Federal
office (as determined by the Commission).
SEC. 5. EXPANDING EARLY VOTING ACCESS.
(a) In General.--Each State shall make early voting available to
any eligible voter for at least ten days before an election for Federal
office. An eligible voter may cast their early voting ballots in person
at an early voting location during that 10-day period in the same
manner as any ballot would be cast in the precinct on election day.
(b) Effective Date.--Each State shall be required to comply with
the requirements of this section on and after the date that is one year
after the date of enactment of this Act.
SEC. 6. DESIGNATION OF CERTAIN FEDERAL FACILITIES AS VOTER REGISTRATION
AGENCIES.
(a) In General.--The Secretary of Veterans Affairs, the Secretary
of Health and Human Services, the Commissioner of the Social Security
Administration, the Postmaster General, the Secretary of Agriculture,
and the Secretary of the Interior shall permit a State to designate
facilities of the respective agencies located in the State as voter
registration agencies under section 7 of the National Voter
Registration Act of 1993 (42 U.S.C. 1973gg-5).
(b) Activities.--A voter registration agency designated under
subsection (a) shall carry out the following activities:
(1) Offer with each application to the agency for service
or assistance, and with each recertification, renewal, or
change of address form relating to such service or assistance,
the mail voter registration application form described in
section 9 of the National Voter Registration Act of 1993 (42
U.S.C. 1973gg-7(a)(2)) or the agency's own form if it is
equivalent to the form described in such section, unless the
applicant declines to register to vote or update their voter
registration in writing.
(2) Provide a form that includes the following:
(A) The question, ``If you are not registered to
vote where you live now, would you like to apply to
register to vote here today?''.
(B) If the agency provides public assistance, the
statement, ``Applying to register or declining to
register to vote will not affect the amount of
assistance that you will be provided by this agency.''.
(C) Boxes for the applicant to check to indicate
whether the applicant would like to register or update
their registration to vote, or decline to register or
update their registration to vote.
(3) Provide assistance to applicants in completing the
voter registration application forms, unless the applicant
refuses such assistance in writing.
(4) Accept completed voter registration application forms
for transmittal to the appropriate State or local election
official.
(c) Transmittal.--
(1) In general.--Subject to paragraph (2), a completed
voter registration application accepted at a voter registration
agency designated under subsection (a) shall be electronically
transmitted, in a format that can be translated and uploaded
into the Statewide voter database established pursuant to
section 303(a) of the Help America Vote Act of 2002 (42 U.S.C.
15483(a)), to the appropriate State or local election official
not later than 10 days after the date of acceptance.
(2) Exception.--If a voter registration application is
accepted within 5 days before the last day for registration to
vote in an election for Federal office, the application shall
be transmitted to the appropriate State or local election
official not later than 5 days after the date of acceptance.
(3) Updated registration.--If an application is an updated
voter registration, the voter registration agency shall label
the updated registration accordingly.
(d) Clarification Regarding Application.--The requirements of this
section shall only apply to a voter registration agency designated
under subsection (a). Nothing in this section shall affect the
application of section 7 of the National Voter Registration Act of 1993
(42 U.S.C. 1973gg-5) to a voter registration agency not designated
under such subsection.
(e) Integration With State Electronic Voter Registration Systems.--
The Commission shall implement an online system that, to the extent
practicable--
(1) provides an electronic means for a voter registration
agency designated under subsection (a) to carry out the
requirements of this section;
(2) transmits a completed voter registration application to
the appropriate State or local election official; and
(3) in the case of an individual registering to vote in a
State that operates its own electronic voter registration
system, directs an applicant to that system.
SEC. 7. SAME DAY AND ELECTRONIC REGISTRATION.
(a) Same Day 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 an election
for Federal office and on any day when voting, including early voting,
is permitted for an election for Federal office--
(1) to register to vote in such election using a form that
meets the requirements under section 9(b) of the National Voter
Registration Act of 1993; and
(2) to cast a vote in such election.
(b) Electronic Registration.--
(1) In general.--Each State shall provide a secure online
interface available to the public on a public, government
website that allows any eligible individual to register to vote
or to update their voter registration with an online voter
registration application that meets the requirements of the
mail voter registration application form described in section 9
of the National Voter Registration Act of 1993 (42 U.S.C.
1973gg-7(a)(2)). The online application shall be processed in
the same manner as a mail voter registration application form
is processed, subject to the requirements of section 303(b) of
the Help America Vote Act of 2002 (42 U.S.C. 15483(b)), except
that the absence of a written signature shall not preclude the
registration of an eligible individual.
(2) Effective date.--Each State shall be required to comply
with the requirements of this subsection on and after the date
that is one year after the date of enactment of this Act.
(c) Eligible Individual.--For purposes of this section, the term
``eligible individual'' means, with respect to an election for Federal
office, an individual who is otherwise qualified to vote in that
election.
(d) Exception.--This section 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.
SEC. 8. ENFORCEMENT.
(a) Attorney General.--The Attorney General may bring a civil
action in an appropriate district court for such declaratory or
injunctive relief as is necessary to carry out this Act.
(b) Private Right of Action.--
(1) Notice.--A person who is aggrieved by a violation of
this Act may provide written notice of the violation to the
chief State election official of the State involved.
(2) Civil action.--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 bring a civil action
in an appropriate district court for declaratory or injunctive
relief with respect to the violation.
(3) Exception to notice if violation within 30 days of
election.--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 State election official
under paragraph (1) before bringing a civil action under
paragraph (2).
(c) Relation to Other Laws.--
(1) In general.--The rights and remedies established by
this Act are in addition to all other rights and remedies
provided by law, and neither the rights and remedies
established by this section nor any other provision of this Act
shall supersede, restrict, or limit the application of the
Voting Rights Act of 1965 (42 U.S.C. 1973 et seq.).
(2) No authorization or requirement for conduct prohibited
by the voting rights act.--Nothing in this Act authorizes or
requires conduct that is prohibited by the Voting Rights Act of
1965 (42 U.S.C. 1973 et seq.).
<all>
Introduced in Senate
Read twice and referred to the Committee on Rules and Administration.
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