[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2 Referred in Senate (RFS)]
103d CONGRESS
1st Session
H. R. 2
To establish national voter registration procedures for Federal
elections, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 17 (legislative day, January 5), 1993
Received; read twice and referred to the Committee on Rules and
Administration
_______________________________________________________________________
AN ACT
To establish national voter registration procedures for Federal
elections, 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 ``National Voter Registration Act of
1993''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds that--
(1) the right of citizens of the United States to vote is a
fundamental right;
(2) it is the duty of the Federal, State, and local
governments to promote the exercise of that right; and
(3) discriminatory and unfair registration laws and
procedures can have a direct and damaging effect on voter
participation in elections for Federal office and
disproportionately harm voter participation by various groups,
including racial minorities.
(b) Purposes.--The purposes of this Act are--
(1) to establish procedures that will increase the number
of eligible citizens who register to vote in elections for
Federal office;
(2) to make it possible for Federal, State, and local
governments to implement this Act in a manner that enhances the
participation of eligible citizens as voters in elections for
Federal office;
(3) to protect the integrity of the electoral process; and
(4) to ensure that accurate and current voter registration
rolls are maintained.
SEC. 3. DEFINITIONS.
As used in this Act--
(1) the term ``election'' has the meaning stated in section
301(1) of the Federal Election Campaign Act of 1971 (2 U.S.C.
431(1));
(2) the term ``Federal office'' has the meaning stated in
section 301(3) of the Federal Election Campaign Act of 1971 (2
U.S.C. 431(3));
(3) the term ``motor vehicle driver's license'' includes
any personal identification document issued by a State motor
vehicle authority;
(4) the term ``State'' means a State of the United States
and the District of Columbia; and
(5) the term ``voter registration agency'' means an office
designated under section 7(a)(1) to perform voter registration
activities.
SEC. 4. NATIONAL PROCEDURES FOR VOTER REGISTRATION FOR ELECTIONS FOR
FEDERAL OFFICE.
(a) In General.--Except as provided in subsection (b),
notwithstanding any other Federal or State law, in addition to any
other method of voter registration provided for under State law, each
State shall establish procedures to register to vote in elections for
Federal office--
(1) by application made simultaneously with an application
for a motor vehicle driver's license pursuant to section 5;
(2) by mail application pursuant to section 6; and
(3) by application in person--
(A) at the appropriate registration site designated
with respect to the residence of the applicant in
accordance with State law; and
(B) at a Federal, State, or nongovernmental office
designated under section 7.
(b) Nonapplicability to Certain States.--This Act does not apply to
a State described in either or both of the following paragraphs:
(1) A State in which there is no voter registration
requirement for any voter in the State with respect to an
election for Federal office.
(2) A State in which all voters in the State may register
to vote at the polling place at the time of voting in a general
election for Federal office.
SEC. 5. SIMULTANEOUS APPLICATION FOR VOTER REGISTRATION AND APPLICATION
FOR MOTOR VEHICLE DRIVER'S LICENSE.
(a) In General.--(1) Except as provided in subsection (b), each
State motor vehicle driver's license application (including any renewal
application) submitted to the appropriate State motor vehicle authority
under State law shall serve as an application for voter registration
with respect to elections for Federal office.
(2) An application for voter registration submitted under paragraph
(1) shall be considered as updating any previous voter registration by
the applicant.
(b) Declination To Register.--(1) An applicant for a State motor
vehicle driver's license may decline in writing to be registered by
means of the motor vehicle driver's license application.
(2) No information relating to a declination pursuant to paragraph
(1) may be used for any purpose other than voter registration.
(c) Forms and Procedures.--(1) Each State shall include a voter
registration application form for elections for Federal office as part
of an application for a State motor vehicle driver's license.
(2) The voter registration application portion of an application
for a State motor vehicle driver's license--
(A) may not require any information that duplicates
information required in the driver's license portion of the
form (other than a second signature or other information
necessary under subparagraph (C));
(B) shall include a means by which an applicant may decline
to register to vote pursuant to subsection (b);
(C) may require only the minimum amount of information
necessary to--
(i) prevent duplicate voter registrations; and
(ii) enable State election officials to assess the
eligibility of the applicant and to administer voter
registration and other parts of the election process;
(D) shall include a statement that--
(i) states each eligibility requirement (including
citizenship);
(ii) contains an attestation that the applicant
meets each such requirement; and
(iii) requires the signature of the applicant,
under penalty of perjury; and
(E) shall be made available (as submitted by the applicant,
or in machine readable or other format) to the appropriate
State election official as provided by State law.
(d) Change of Address.--Any change of address form submitted in
accordance with State law for purposes of a State motor vehicle
driver's license shall serve as notification of change of address for
voter registration with respect to elections for Federal office for the
registrant involved unless the registrant states on the form that the
change of address is not for voter registration purposes.
SEC. 6. MAIL REGISTRATION.
(a) Form.--(1) Each State shall accept and use the mail voter
registration application form prescribed by the Federal Election
Commission pursuant to section 9(a)(2) for the registration of voters
in elections for Federal office.
(2) In addition to accepting and using the form described in
paragraph (1), a State may develop and use a mail voter registration
form that meets all of the criteria stated in section 9(b) for the
registration of voters in elections for Federal office.
(3) A form described in paragraph (1) or (2) shall be accepted and
used for notification of a registrant's change of address.
(b) Availability of Forms.--The chief State election official of a
State shall make the forms described in subsection (a) available for
distribution through governmental and private entities, with particular
emphasis on making them available for organized voter registration
programs.
(c) First-Time Voters.--(1) Subject to paragraph (2), a State may
by law require a person to vote in person if--
(A) the person was registered to vote in a jurisdiction by
mail; and
(B) the person has not previously voted in that
jurisdiction.
(2) Paragraph (1) does not apply in the case of a person--
(A) who is entitled to vote by absentee ballot under the
Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C.
1973ff-1 et seq.);
(B) who is 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
(C) who is entitled to vote otherwise than in person under
any other Federal law.
SEC. 7. VOTER REGISTRATION AGENCIES.
(a) Designation.--(1) Each State shall designate agencies for the
registration of voters in elections for Federal office.
(2) Each State shall designate as voter registration agencies--
(A) all offices in the State that provide public
assistance, unemployment compensation, or related services; and
(B) all offices in the State that provide State-funded
programs primarily engaged in providing services to persons
with disabilities.
(3)(A) In addition to voter registration agencies designated under
paragraph (2), each State shall designate other offices within the
State as voter registration agencies.
(B) Voter registration agencies designated under subparagraph (A)
may include--
(i) State or local government offices such as public
libraries, public schools, offices of city and county clerks
(including marriage license bureaus), fishing and hunting
license bureaus, government revenue offices, and offices not
described in paragraph (2)(B) that provide services to persons
with disabilities; and
(ii) Federal and nongovernmental offices, with the
agreement of such offices.
(4)(A) At each voter registration agency, the following services
shall be made available:
(i) Distribution of mail voter registration application
forms in accordance with paragraph (6).
(ii) Assistance to applicants in completing voter
registration application forms.
(iii) Acceptance of completed voter registration
application forms for transmittal to the appropriate State
election official.
(B) If a voter registration agency designated under paragraph
(2)(B) provides services to a person with a disability at the person's
home, the agency shall provide the services described in subparagraph
(A) at the person's home.
(5) A person who provides service described in paragraph (4) shall
not--
(A) seek to influence an applicant's political preference
or party registration;
(B) display any such political preference or party
allegiance; or
(C) make any statement to an applicant or take any action
the purpose or effect of which is to discourage the applicant
from registering to vote.
(6) A voter registration agency that is an office that provides
service or assistance in addition to conducting voter registration
shall--
(A) distribute with each application for such service or
assistance, and with each recertification, renewal, or change
of address form relating to such service or assistance--
(i) the mail voter registration application form
described in section 9(a)(2), including a statement
that--
(I) specifies each eligibility requirement
(including citizenship);
(II) contains an attestation that the
applicant meets each such requirement; and
(III) requires the signature of the
applicant, under penalty of perjury; or
(ii) the office's own form if it is equivalent to
the form described in section 9(a)(2),
unless the applicant, in writing, declines to register to vote;
(B) to the greatest extent practicable, incorporate in
application forms and other forms used at those offices for
purposes other than voter registration a means by which a
person who completes the form may decline, in writing, to
register to vote in elections for Federal office; and
(C) provide to each applicant who does not decline to
register to vote the same degree of assistance with regard to
the completion of the registration application form as is
provided by the office with regard to the completion of its own
forms.
(7) No information relating to a declination to register to vote in
connection with an application made at an office described in paragraph
(6) may be used for any purpose other than voter registration.
(b) Federal Government and Private Sector Cooperation.--All
departments, agencies, and other entities of the executive branch of
the Federal Government shall, to the greatest extent practicable,
cooperate with the States in carrying out subsection (a), and all
nongovernmental entities are encouraged to do so.
(c) Transmittal Deadline.--(1) Subject to paragraph (2), a
completed registration application accepted at a voter registration
agency shall be transmitted to the appropriate State election official
not later than 10 days after the date of acceptance.
(2) If a registration application is accepted within 5 days before
the last day for registration to vote in an election, the application
shall be transmitted to the appropriate State election official not
later than 5 days after the date of acceptance.
SEC. 8. REQUIREMENTS WITH RESPECT TO ADMINISTRATION OF VOTER
REGISTRATION.
(a) In General.--In the administration of voter registration for
elections for Federal office, each State shall--
(1) ensure that any eligible applicant is registered to
vote in an election--
(A) in the case of registration with a motor
vehicle application under section 5, if the valid voter
registration form of the applicant is submitted to the
appropriate State motor vehicle authority not later
than the lesser of 30 days, or the period provided by
State law, before the date of the election;
(B) in the case of registration by mail under
section 6, if the valid voter registration form of the
applicant is postmarked not later than the lesser of 30
days, or the period provided by State law, before the
date of the election;
(C) in the case of registration at a voter
registration agency, if the valid voter registration
form of the applicant is accepted at the voter
registration agency not later than the lesser of 30
days, or the period provided by State law, before the
date of the election; and
(D) in any other case, if the valid voter
registration form of the applicant is received by the
appropriate State election official not later than the
lesser of 30 days, or the period provided by State law,
before the date of the election;
(2) require the appropriate State election official to send
notice to each applicant of the disposition of the application;
(3) provide that the name of a registrant may not be
removed from the official list of eligible voters except--
(A) at the request of the registrant;
(B) as provided by State law, by reason of criminal
conviction or mental incapacity; or
(C) as provided under paragraph (4);
(4) conduct a general program that makes a reasonable
effort to remove the names of ineligible voters from the
official lists of eligible voters by reason of--
(A) the death of the registrant; or
(B) a change in the residence of the registrant, in
accordance with subsections (b), (c), and (d);
(5) inform applicants under sections 5, 6, and 7 of--
(A) voter eligibility requirements; and
(B) penalties provided by law for submission of a
false voter registration application; and
(6) ensure that the identity of the voter registration
agency through which any particular voter is registered is not
disclosed to the public.
(b) Confirmation of Voter Registration.--Any State program or
activity to protect the integrity of the electoral process by ensuring
the maintenance of an accurate and current voter registration roll for
elections for Federal office--
(1) shall be uniform, nondiscriminatory, and in compliance
with the Voting Rights Act of 1965 (42 U.S.C. 1973 et seq.);
and
(2) shall not result in the removal of the name of any
person from the official list of voters registered to vote in
an election for Federal office by reason of the person's
failure to vote.
(c) Voter Removal Programs.--(1) A State may meet the requirement
of subsection (a)(4) by establishing a program under which--
(A) change-of-address information supplied by the Postal
Service through its licensees is used to identify registrants
whose addresses may have changed; and
(B) if it appears from information provided by the Postal
Service that--
(i) a registrant has moved to a different residence
address in the same registrar's jurisdiction in which
the registrant is currently registered, the registrar
changes the registration records to show the new
address and sends the registrant a notice of the change
by forwardable mail and a postage prepaid pre-addressed
return form by which the registrant may verify or
correct the address information; or
(ii) the registrant has moved to a different
residence address not in the same registrar's
jurisdiction, the registrar uses the notice procedure
described in subsection (d)(2) to confirm the change of
address.
(2)(A) A State shall complete, not later than 90 days prior to the
date of a primary or general election for Federal office, any program
the purpose of which is to systematically remove the names of
ineligible voters from the official lists of eligible voters.
(B) Subparagraph (A) shall not be construed to preclude--
(i) the removal of names from official lists of voters on a
basis described in paragraph (3) (A) or (B) or (4)(A) of
subsection (a); or
(ii) correction of registration records pursuant to this
Act.
(d) Removal of Names From Voting Rolls.--(1) A State shall not
remove the name of a registrant from the official list of eligible
voters in elections for Federal office on the ground that the
registrant has changed residence unless the registrant--
(A) confirms in writing that the registrant has changed
residence to a place outside the registrar's jurisdiction in
which the registrant is registered; or
(B)(i) has failed to respond to a notice described in
paragraph (2); and
(ii) has not voted or appeared to vote (and, if necessary,
correct the registrar's record of the registrant's address) in
an election during the period beginning on the date of the
notice and ending on the day after the date of the second
general election for Federal office that occurs after the date
of the notice.
(2) A notice is described in this paragraph if it is a postage
prepaid and pre-addressed return card, sent by forwardable mail, on
which the registrant may state his or her current address, together
with a notice to the following effect:
(A) If the registrant did not change his or her residence,
or changed residence but remained in the registrar's
jurisdiction, the registrant should return the card not later
than the time provided for mail registration under subsection
(a)(1)(B). If the card is not returned, affirmation or
confirmation of the registrant's address may be required before
the registrant is permitted to vote in a Federal election
during the period beginning on the date of the notice and
ending on the day after the date of the second general election
for Federal office that occurs after the date of the notice,
and if the registrant does not vote in an election during that
period the registrant's name will be removed from the list of
eligible voters.
(B) If the registrant has changed residence to a place
outside the registrar's jurisdiction in which the registrant is
registered, information concerning how the registrant can
continue to be eligible to vote.
(3) A voting registrar shall correct an official list of eligible
voters in elections for Federal office in accordance with change of
residence information obtained in conformance with this subsection.
(e) Procedure for Voting Following Failure To Return Card.--(1) A
registrant who has moved from an address in the area covered by a
polling place to an address in the same area shall, notwithstanding
failure to notify the registrar of the change of address prior to the
date of an election, be permitted to vote at that polling place upon
oral or written affirmation by the registrant of the change of address
before an election official at that polling place.
(2)(A) A registrant who has moved from an address in the area
covered by one polling place to an address in an area covered by a
second polling place within the same registrar's jurisdiction and the
same congressional district and who has failed to notify the registrar
of the change of address prior to the date of an election, at the
option of the registrant--
(i) shall be permitted to correct the voting records and
vote at the registrant's former polling place, upon oral or
written affirmation by the registrant of the new address before
an election official at that polling place; or
(ii)(I) shall be permitted to correct the voting records
and vote at a central location within the same registrar's
jurisdiction designated by the registrar where a list of
eligible voters is maintained, upon written affirmation by the
registrant of the new address on a standard form provided by
the registrar at the central location; or
(II) shall be permitted to correct the voting records for
purposes of voting in future elections at the appropriate
polling place for the current address and, if permitted by
State law, shall be permitted to vote in the present election,
upon confirmation by the registrant of the new address by such
means as are required by law.
(B) If State law permits the registrant to vote in the current
election upon oral or written affirmation by the registrant of the new
address at a polling place described in subparagraph (A)(ii)(II),
voting at the former polling place as described in subparagraph (A)(i)
and at a central location as described in subparagraph (A)(ii)(I) need
not be provided as alternative options.
(3) If the registration records indicate that a registrant has
moved from an address in the area covered by a polling place, the
registrant shall, upon oral or written affirmation by the registrant
before an election official at that polling place that the registrant
continues to reside at the address previously made known to the
registrar, be permitted to vote at that polling place.
(f) Change of Voting Address Within a Jurisdiction.--In the case of
a change of address, for voting purposes, of a registrant to another
address within the same registrar's jurisdiction, the registrar shall
correct the voting registration list accordingly, and the registrant's
name may not be removed from the official list of eligible voters by
reason of such a change of address except as provided in subsection
(d).
(g) Conviction in Federal Court.--(1) On the conviction of a person
of a felony in a district court of the United States, the United States
attorney shall give written notice of the conviction to the chief State
election official designated under section 10 of the State of the
person's residence.
(2) A notice given pursuant to paragraph (1) shall include--
(A) the name of the offender;
(B) the offender's age and residence address;
(C) the date of entry of the judgment;
(D) a description of the offenses of which the offender was
convicted; and
(E) the sentence imposed by the court.
(3) On request of the chief State election official of a State or
other State official with responsibility for determining the effect
that a conviction may have on an offender's qualification to vote, the
United States attorney shall provide such additional information as the
United States attorney may have concerning the offender and the offense
of which the offender was convicted.
(4) If a conviction of which notice was given pursuant to paragraph
(1) is overturned, the United States attorney shall give the official
to whom the notice was given written notice of the vacation of the
judgment.
(5) The chief State election official shall notify the voter
registration officials of the local jurisdiction in which an offender
resides of the information received under this subsection.
(h) Reduced Postal Rates.--(1) Subchapter II of chapter 36 of title
39, United States Code, is amended by adding at the end the following:
``Sec. 3629. Reduced rates for voter registration purposes
``The Postal Service shall make available to a State or local
voting registration official the rate for any class of mail that is
available to a qualified nonprofit organization under section 3626 for
the purpose of making a mailing that the official certifies is required
or authorized by the National Voter Registration Act of 1993.''.
(2) The first sentence of section 2401(c) of title 39, United
States Code, is amended by striking out ``and 3626(a)-(h) and (j)-(k)
of this title,'' and inserting in lieu thereof ``3626(a)-(h), 3626(j)-
(k), and 3629 of this title''.
(3) Section 3627 of title 39, United States Code, is amended by
striking out ``or 3626 of this title,'' and inserting in lieu thereof
``3626, or 3629 of this title''.
(4) The table of sections for chapter 36 of title 39, United States
Code, is amended by inserting after the item relating to section 3628
the following new item:
``3629. Reduced rates for voter registration purposes.''.
(i) Public Disclosure of Voter Registration Activities.--(1) Each
State shall maintain for at least 2 years and shall make available for
public inspection and, where available, photocopying at a reasonable
cost, all records concerning the implementation of programs and
activities conducted for the purpose of ensuring the accuracy and
currency of official lists of eligible voters, except to the extent
that such records relate to a declination to register to vote or to the
identity of a voter registration agency through which any particular
voter is registered.
(2) The records maintained pursuant to paragraph (1) shall include
lists of the names and addresses of all persons to whom notices
described in subsection (d)(2) are sent, and information concerning
whether or not each such person has responded to the notice as of the
date that inspection of the records is made.
(j) Definition.--For the purposes of this section, the term
``registrar's jurisdiction'' means--
(1) an incorporated city, town, borough, or other form of
municipality;
(2) if voter registration is maintained by a county,
parish, or other unit of government that governs a larger
geographic area than a municipality, the geographic area
governed by that unit of government; or
(3) if voter registration is maintained on a consolidated
basis for more than one municipality or other unit of
government by an office that performs all of the functions of a
voting registrar, the geographic area of the consolidated
municipalities or other geographic units.
SEC. 9. FEDERAL COORDINATION AND REGULATIONS.
(a) In General.--The Federal Election Commission--
(1) in consultation with the chief election officers of the
States, the heads of the departments, agencies, and other
entities of the executive branch of the Federal Government, and
representatives of nongovernmental entities, shall prescribe
such regulations as are necessary to carry out this Act;
(2) in consultation with the chief election officers of the
States, shall develop a mail voter registration application
form for elections for Federal office;
(3) not later than June 30 of each odd-numbered year, shall
submit to the Congress a report assessing the impact of this
Act on the administration of elections for Federal office
during the preceding 2-year period and including
recommendations for improvements in Federal and State
procedures, forms, and other matters affected by this Act; and
(4) shall provide information to the States with respect to
the responsibilities of the States under this Act.
(b) Contents of Mail Voter Registration Form.--The mail voter
registration form developed under subsection (a)(2)--
(1) may require only such identifying information
(including the signature of the applicant) and other
information (including data relating to previous registration
by the applicant), as is necessary to enable the appropriate
State election official to assess the eligibility of the
applicant and to administer voter registration and other parts
of the election process;
(2) shall include a statement that--
(A) specifies each eligibility requirement
(including citizenship);
(B) contains an attestation that the applicant
meets each such requirement; and
(C) requires the signature of the applicant, under
penalty of perjury; and
(3) may not include any requirement for notarization or
other formal authentication.
SEC. 10. DESIGNATION OF CHIEF STATE ELECTION OFFICIAL.
Each State shall designate a State officer or employee as the chief
State election official to be responsible for coordination of State
responsibilities under this Act.
SEC. 11. CIVIL ENFORCEMENT AND PRIVATE RIGHT OF ACTION.
(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) A person who is aggrieved by a
violation of this Act may provide written notice of the violation to
the chief election official of the State involved.
(2) 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) 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 under paragraph (2).
(c) Attorney's Fees.--In a civil action under this section, the
court may allow the prevailing party (other than the United States)
reasonable attorney fees, including litigation expenses, and costs.
(d) Relation to Other Laws.--(1) The rights and remedies
established by this section 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) 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.).
SEC. 12. CRIMINAL PENALTIES.
A person, including an election official, who in any election for
Federal office--
(1) knowingly and willfully intimidates, threatens, or
coerces, or attempts to intimidate, threaten, or coerce, any
person for--
(A) registering to vote, or voting, or attempting
to register or vote;
(B) urging or aiding any person to register to
vote, to vote, or to attempt to register or vote; or
(C) exercising any right under this Act; or
(2) knowingly and willfully deprives, defrauds, or attempts
to deprive or defraud the residents of a State of a fair and
impartially conducted election process, by--
(A) the procurement or submission of voter
registration applications that are known by the person
to be materially false, fictitious, or fraudulent under
the laws of the State in which the election is held; or
(B) the procurement, casting, or tabulation of
ballots that are known by the person to be materially
false, fictitious, or fraudulent under the laws of the
State in which the election is held,
shall be fined in accordance with title 18, United States Code, or
imprisoned not more than 5 years, or both.
SEC. 13. EFFECTIVE DATE.
This Act shall take effect--
(1) with respect to a State that on the date of enactment
of this Act has a provision in the constitution of the State
that would preclude compliance with this Act unless the State
maintained separate Federal and State official lists of
eligible voters, on January 1, 1996; and
(2) with respect to any State not described in paragraph
(1), on January 1, 1995.
Passed the House of Representatives February 4, 1993.
Attest:
DONNALD K. ANDERSON,
Clerk.
HR 2 RFS----2