This bill prohibits voter caging and establishes penalties for violations. Voter caging is a practice of preventing or challenging voter registration, oftentimes by sending direct mail to individuals on the voter rolls, compiling a list of the undeliverable mail (voter caging list), and using the list to remove or challenge voter registrations.
First, the bill generally prohibits state or local election officials from preventing an individual from registering or voting in any federal election, or from permitting a formal challenge under state law to an individual's registration status or eligibility to vote, if the decision is based on certain evidence. Such evidence includes (1) a voter caging document or voter caging list, (2) an unverified match list, (3) an error or omission on a voter document that is immaterial to the individual's eligibility to vote, or (4) other evidence as designated by the Election Assistance Commission (EAC).
Additionally, it requires a private individual who challenges the right of another citizen to vote to set forth in writing, under penalty of perjury, a good faith factual basis for the ineligibility.
Further, it prohibits certain challenges to an individual's eligibility to vote in a federal election within 10 days of the election.
A violator is subject to penalties—a fine, up to one year in prison, or both.
Finally, the EAC must develop and publish best practices for preventing voter caging, and include such practices in voter information materials.
[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1460 Introduced in House (IH)]
<DOC>
116th CONGRESS
1st Session
H. R. 1460
To amend title 18, United States Code, to prohibit voter caging and
other questionable challenges.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 28, 2019
Ms. Mucarsel-Powell (for herself, Mr. Cohen, Ms. Garcia of Texas, Mr.
Cooper, Ms. Haaland, Ms. Norton, Mr. Soto, Ms. Wasserman Schultz, Ms.
Shalala, and Mr. Rush) introduced the following bill; which was
referred to the Committee on the Judiciary, and in addition to the
Committee on House Administration, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To amend title 18, United States Code, to prohibit voter caging and
other questionable challenges.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. VOTER CAGING AND OTHER QUESTIONABLE CHALLENGES PROHIBITED.
(a) In General.--Chapter 29 of title 18, United States Code, is
amended by adding at the end the following:
``Sec. 612. 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 (52 U.S.C. 10101(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.--
``(1) Requirements for challenges.--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--
``(A) documented in writing; and
``(B) 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, except a challenge which
is based on the race, ethnicity, or national origin of
the individual who is the subject of the challenge may
not be considered to have a good faith factual basis
for purposes of this paragraph.
``(2) Prohibition on challenges on or near date of
election.--No person, other than a State or local election
official, shall be permitted--
``(A) to challenge an individual's eligibility to
vote in an election for Federal office on Election Day,
or
``(B) to challenge an individual's eligibility to
register to vote in an election for Federal office or
to vote in an election for Federal office less than 10
days before the election unless the individual
registered to vote less than 20 days before the
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 (52 U.S.C. 20501 et seq.) or to affect the Voting Rights
Act of 1965 (52 U.S.C. 10301 et seq.).''.
(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:
``612. Voter caging and other questionable challenges.''.
SEC. 2. 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 612 of title 18, United States
Code, as added by section 1(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, the United States
Virgin Islands, and the Commonwealth of the Northern Mariana Islands.
(b) Inclusion in Voting Information Requirements.--Section
302(b)(2) of the Help America Vote Act of 2002 (52 U.S.C. 21082(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 prohibition
against voter caging and other questionable challenges
(as set forth in section 612 of title 18, United States
Code), including information on how individuals may
report allegations of violations of such
prohibition.''.
<all>
Introduced in House
Introduced in House
Referred to the Committee on the Judiciary, and in addition to the Committee on House Administration, 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 the Judiciary, and in addition to the Committee on House Administration, 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 Crime, Terrorism, and Homeland Security.
Referred to the Subcommittee on the Constitution, Civil Rights, and Civil Liberties.
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