Sec. 100 Short title
This title may be cited as the “Voter Registration Modernization Act of 2013”.
Title I — Voter Registration Modernization
I Voter Registration Modernization
A Promoting Internet Registration
Sec. 101 Requiring availability of Internet for voter registration
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:
“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.”
Special requirements for individuals using online registration—
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”.
Requiring signature for first-time voters in jurisdiction— Section 303(b) of such Act (42 U.S.C. 15483(b)) is amended—
by redesignating paragraph (5) as paragraph (6); and
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.”
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”.
Conforming Amendments—
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—
by striking “and” at the end of subparagraph (C);
by redesignating subparagraph (D) as subparagraph (E); and
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”
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
In General—
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.”
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)”.
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—
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
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
Including Option on Voter Registration Application To Provide E-Mail Address and Receive Information—
In general— Section 9(b) of the National Voter Registration Act of 1993 (42 U.S.C. 1973gg–7(b)) is amended—
by striking “and” at the end of paragraph (3);
by striking the period at the end of paragraph (4) and inserting “; and”; and
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.”
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.”
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—
by redesignating subsection (j) as subsection (k); and
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
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.
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”.
B Automated Registration of Certain Individuals
Sec. 111 Automated voter registration
Collection of information by source agencies—
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—
notify each such individual of the substantive qualifications of an elector in the State, using language approved by the State’s chief election official;
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;
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;
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
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.
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.
Transfer of information on individuals consenting to voter registration—
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:
The given name or names and surname or surnames.
Date of birth.
Residential address.
Mailing address.
Signature, in electronic form.
Date of the last change to the information.
The motor vehicle driver’s license number.
The last four digits of the Social Security number.
Timing of transfer— The source agency shall transfer the data described in paragraph (1) to the chief State election official on a daily basis.
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.
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).
Registration of Individuals by Chief State Election Official—
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).
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—
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;
update the Statewide computerized voter registration list to include the individual; and
notify the individual that the individual is registered to vote in elections for Federal office in the State.
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).
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.
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.
Options for State To require special treatment of individuals registered automatically—
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 2013”.
Requiring signature— Section 303(b) of such Act (42 U.S.C. 15483(b)), as amended by section 101(b)(2), is amended—
by redesignating paragraph (6) as paragraph (7); and
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 2013; 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.”
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)”.
Source agencies described—
In general— With respect to any State, a “source agency” is—
each State office which is described in paragraph (2); and
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.
State offices described—
In general— The State offices described in this paragraph are as follows:
The State motor vehicle authority.
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)).
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.).
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)).
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.
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.
Such other office which may be designated as a source agency by the chief State election official of the State.
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:
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.
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.
The cost-effectiveness of obtaining such identifying information and transmitting the information to the chief State election official.
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.
Federal offices described— The Federal offices described in this paragraph are as follows:
Armed Forces recruitment offices.
The United States Immigration and Customs Enforcement Bureau, but only with respect to individuals who complete the naturalization process.
The Social Security Administration.
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.
The Department of Veterans Affairs, but only with respect to individuals applying for or using health care services or services for homeless individuals.
The Defense Manpower Data Center of the Department of Defense.
The Indian Health Services of the Department of Health and Human Services.
The Center for Medicare and Medicaid Services of the Department of Health and Human Services.
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
Database management standards—
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—
whether a data record from any source agency represents the same individual as a record in another source agency or on the Statewide list;
whether a data record from any source agency represents an individual already registered to vote in the State;
whether two data records in the Statewide computerized voter registration list represent duplicate records for the same individual;
whether a data record supplied by any list maintenance source represents an individual already registered to vote in the State; and
which information will be treated as more current and reliable when data records from multiple sources present information for the same individual.
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.
Privacy and security standards—
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.
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.
Inter-agency transfers—
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.
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.
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.
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.
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.
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:
Any portion of an individual’s Social Security number.
Any portion of an individual’s motor vehicle driver’s license number or State identification card number.
An individual’s signature.
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).
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.
An individual’s phone number.
An individual’s e-mail address.
Any indication of an individual’s status as a citizen or noncitizen of the United States.
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.
Protections against liability of individuals on basis of information transferred—
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.
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.
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.
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.
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.
Prohibition on the use of voter registration information for commercial or nongovernmental 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.
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.
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
Deadlines for transmittal of change of address or other identifying information—
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.”
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.”
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—
the records of the agency include information indicating that the individual is not eligible to register to vote in the State; or
the individual states on the form or otherwise indicates that the change of address or other information is not for voter registration purposes.
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 2013) 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.”
Effective date— The amendments made by this section shall apply with respect to elections occurring during 2014 or any succeeding year.
Sec. 114 Definitions
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.
State— In this subtitle, a “State” includes the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands, 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.
C Other initiatives To promote voter registration
Sec. 121 Same day registration
by redesignating sections 304 and 305 as sections 305 and 306; and
by inserting after section 303 the following new section:
“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 2014 and for any subsequent election for Federal office.”
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”.
Clerical amendment— The table of contents of such Act is amended—
by redesignating the items relating to sections 304 and 305 as relating to sections 305 and 306; and
by inserting after the item relating to section 303 the following new item:
Sec. 122 Acceptance of voter registration applications from individuals under 18 years of age
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—
by redesignating subsection (k) as subsection (l); and
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.”
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
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:
The number of individuals who were registered under section 111.
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.
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.
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.
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.
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.
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.
State defined— In this section, a “State” includes the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands, 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.
D Availability of HAVA Requirements Payments
Sec. 131 Availability of requirements payments under HAVA to cover costs of compliance with new requirements
in paragraph (1), by striking “(2) and (3)” and inserting “(2), (3), and (4)”; and
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 2013, 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 2013.”
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)”.
Effective Date— The amendments made by this section shall apply with respect to fiscal year 2014 and each succeeding fiscal year.
E Prohibiting Interference With Voter Registration
Sec. 141 Prohibiting hindering, interfering with, or preventing voter registration
In general— Chapter 29 of title 18, United States Code is amended by adding at the end the following new section:
“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.”
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:
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
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, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands.
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—
by striking “and” at the end of subparagraph (E);
by striking the period at the end of subparagraph (F) and inserting “; and”; and
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.”