Voter Registration Modernization Act - Amends the National Voter Registration Act of 1993 (NVRA) to require each state to make available official public websites for online voter registration.
Directs the appropriate state or local election official to ensure that information on the computerized statewide voter registration list may be updated through the official public website.
Directs the Director of the National Institute of Standards and Technology (NIST) to study best practices for implementing the requirements for Internet registration and the online updating of voter registration information.
Authorizes the provision of election information by electronic mail to individuals registered to vote who have requested to receive it.
Directs the Election Assistance Commission (EAC) to make an implementation payment each year to enable each state to meet the requirements of this Act and to carry out activities to improve the administration of federal elections.
[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 2865 Introduced in Senate (IS)]
113th CONGRESS
2d Session
S. 2865
To amend the National Voter Registration Act of 1993 to provide for
voter registration through the Internet, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 18, 2014
Mrs. Gillibrand (for herself, Mr. Merkley, and Mr. Begich) introduced
the following bill; which was read twice and referred to the Committee
on Rules and Administration
_______________________________________________________________________
A BILL
To amend the National Voter Registration Act of 1993 to provide for
voter registration through the Internet, 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 ``Voter Registration Modernization
Act''.
SEC. 2. REQUIRING AVAILABILITY OF INTERNET FOR VOTER REGISTRATION.
(a) Requiring Availability of Internet for Registration.--The
National Voter Registration Act of 1993 (52 U.S.C. 20501 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)(A) in the case of an individual who has a signature
on file with the State motor vehicle authority, the information
provided in the application matches the records of such State
motor vehicle authority; and
``(B) in any other case, the individual provides a
signature in electronic form in accordance with subsection (c).
``(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) 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.
``(e) 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).
``(f) 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.
``(g) Accessibility of Online Registration.--The services provided
under subsection (a) shall be provided in a manner that is accessible
to individuals with disabilities, including those that are blind and
visually impaired, in a manner that provides the same opportunity for
access and participation (including privacy and independence) as for
other voters.''.
(b) 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 (52 U.S.C.
21083(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''.
(c) Conforming Amendments.--
(1) Timing of registration.--Section 8(a)(1) of the
National Voter Registration Act of 1993 (52 U.S.C. 20507(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 (52 U.S.C. 20507(a)(5))
is amended by striking ``and 7'' and inserting ``6A, and 7''.
SEC. 3. 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 (52 U.S.C. 21083(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 30
days, or the period provided by State law,
before the date of the election.''.
(2) Conforming amendment relating to effective date.--
Section 303(d)(1)(A) of such Act (52 U.S.C. 21083(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 (52 U.S.C. 20507(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. 4. STUDY ON BEST PRACTICES FOR INTERNET REGISTRATION.
(a) In General.--The Director of the National Institute of
Standards and Technology shall conduct an ongoing study on best
practices for implementing the requirements for Internet registration
under section 6A of the National Voter Registration Act of 1993 (as
added by section 2) and the requirement to permit voters to update
voter registration information online under section 303(a)(6) of the
Help America Vote Act of 2002 (as added by section 3) in a fully
accessible manner.
(b) Report.--
(1) In general.--Not later than 4 months after the date of
the enactment of this Act, the Director of the National
Institute of Standards and Technology shall make publicly
available a report on the study conducted under subsection (a).
(2) Quadrennial update.--The Director of the National
Institute of Standards and Technology shall review and update
the report made under paragraph (1).
(c) Use of Best Practices in EAC Voluntary Guidance.--Subsection
(a) of section 311 of the Help America Vote Act of 2002 (52 U.S.C.
21101(a)) is amended by adding at the end the following new sentence:
``Such voluntary guidance shall utilize the best practices developed by
the Director of the National Institute of Standards and Technology
under section 4 of the Voter Registration Modernization Act for the use
of the Internet in voter registration.''.
SEC. 5. 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 (52 U.S.C. 20508(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 (52 U.S.C.
20508) 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 (52 U.S.C.
21082(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 30 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. 6. CLARIFICATION OF REQUIREMENT REGARDING NECESSARY INFORMATION TO
SHOW ELIGIBILITY TO VOTE.
Section 8 of the National Voter Registration Act of 1993 (52 U.S.C.
20507) 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. 7. IMPLEMENTATION PAYMENTS.
(a) In General.--The Election Assistance Commission shall make an
implementation payment each year in an amount determined under
subsection (c) to each State.
(b) Use of Funds.--
(1) In general.--Except as provided in paragraph (2), a
State receiving a payment under subsection (a) shall use the
payment only to meet the requirements of this Act.
(2) Other activities.--A State may use implementation
payments to carry out other activities to improve the
administration of elections for Federal office if the State
certifies to the Commission that--
(A) the State has implemented the requirements of
this Act; and
(B) the amount expended with respect to such other
activities does not exceed the an amount equal to the
minimum payment amount applicable to the State under
subsection (c)(3).
(3) Limitation.--Rules similar to the rules of section
251(f) of the Help America Vote Act of 2002 (52 U.S.C.
21001(f)) shall apply for purposes of this section.
(c) Allocation of Funds.--
(1) In general.--Subject to paragraph (3), the amount of an
implementation payment made to a State for any year shall be
equal to--
(A) the total amount appropriated for
implementation payments for the year pursuant to the
authorization under subsection (d); and
(B) the State allocation percentage for the State.
(2) State allocation percentage.--The term ``State
allocation percentage'' has the same meaning as given such term
under section 252(b) of the Help America Vote Act of 2002 (52
U.S.C. 21002(b)).
(3) Minimum amount of payment; other rules.--Rules similar
to the rules of subsections (c), (d), and (e) of section 252 of
such Act (52 U.S.C. 21002) shall apply for purposes of this
subsection.
(d) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated
for implementation payments under this section $15,000,000 for
fiscal year 2015.
(2) Availability.--Any amounts appropriated pursuant to the
authority of paragraph (1) shall remain available without
fiscal year limitation until expended.
(e) Reports.--Not later than April 1, 2017, each State which
received an implementation payment under this section shall submit a
report to the Commission on the activities conducted with funds
provided under this section.
SEC. 8. EFFECTIVE DATE.
(a) In General.--Except as provided in subsection (b), the
amendments made by this Act (other than the amendments made by section
5) shall take effect January 1, 2016.
(b) Waiver.--If a State certifies to the Election Assistance
Commission not later than January 1, 2016, that the State will not meet
the deadline referred to in subsection (a) for good cause and includes
in the certification the reasons for the failure to meet such deadline,
subsection (a) shall apply to the State as if the reference in such
subsection to ``January 1, 2016'' were a reference to ``January 1,
2018''.
<all>
Introduced in Senate
Read twice and referred to the Committee on Rules and Administration.
Llama 3.2 · runs locally in your browser
Ask anything about this bill. The AI reads the full text to answer.
Enter to send · Shift+Enter for new line