Title II — Automated Registration of Certain Individuals

H.R. 289 · 113th Congress · Jan 15, 2013 · Lineage

II Automated Registration of Certain Individuals

Sec. 201 Automated voter registration

(a)

Collection of information by source agencies—

(1)

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—

(A)

notify each such individual of the substantive qualifications of an elector in the State, using language approved by the State’s chief election official;

(B)

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;

(C)

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;

(D)

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

(E)

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.

(2)

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.

(b)

Transfer of information on individuals consenting to voter registration—

(1)

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:

(A)

The given name or names and surname or surnames.

(B)

Date of birth.

(C)

Residential address.

(D)

Mailing address.

(E)

Signature, in electronic form.

(F)

Date of the last change to the information.

(G)

The motor vehicle driver’s license number.

(H)

The last four digits of the Social Security number.

(2)

Timing of transfer— The source agency shall transfer the data described in paragraph (1) to the chief State election official on a daily basis.

(3)

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 (42 U.S.C. 15483).

(4)

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).

(c)

Registration of Individuals by Chief State Election Official—

(1)

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).

(2)

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—

(A)

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;

(B)

update the Statewide computerized voter registration list to include the individual; and

(C)

notify the individual that the individual is registered to vote in elections for Federal office in the State.

(3)

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).

(4)

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 section 101, or other valid means.

(5)

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.

(d)

Options for State To require special treatment of individuals registered automatically—

(1)

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 102 of the Voting Line Reduction and Online Registration Act”.

(2)

Requiring signature— Section 303(b) of such Act (42 U.S.C. 15483(b)), as amended by section 101(b)(2), is amended—

(A)

by redesignating paragraph (6) as paragraph (7); and

(B)

by inserting after paragraph (5) the following new paragraph:

“(6) 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 101 of the Voting Line Reduction and Online Registration Act; 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.”

(3)

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)”.

(e)

Source agencies described—

(1)

In general— With respect to any State, a “source agency” is—

(A)

each State office which is described in paragraph (2); and

(B)

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.

(2)

State offices described—

(A)

In general— The State offices described in this paragraph are as follows:

(i)

The State motor vehicle authority.

(ii)

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)).

(iii)

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.).

(iv)

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)).

(v)

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.

(vi)

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.

(vii)

Such other office which may be designated as a source agency by the chief State election official of the State.

(B)

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:

(i)

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.

(ii)

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.

(iii)

The cost-effectiveness of obtaining such identifying information and transmitting the information to the chief State election official.

(iv)

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 (42 U.S.C. 15301 et seq.).

(3)

Federal offices described— The Federal offices described in this paragraph are as follows:

(A)

Armed Forces recruitment offices.

(B)

The United States Immigration and Customs Enforcement Bureau, but only with respect to individuals who complete the naturalization process.

(C)

The Social Security Administration.

(D)

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.

(E)

The Department of Veterans Affairs, but only with respect to individuals applying for or using health care services or services for homeless individuals.

(F)

The Defense Manpower Data Center of the Department of Defense.

(G)

The Indian Health Services of the Department of Health and Human Services.

(H)

The Center for Medicare and Medicaid Services of the Department of Health and Human Services.

(I)

Any other Federal office which is designated by a State (with the consent of the President) as a source agency with respect to the State.

Sec. 202 List maintenance, privacy, and security

(a)

Database management standards—

(1)

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 (42 U.S.C. 15483), the data provided by various source agencies under section 201, and relevant data from other sources, including the specific data elements and data matching rules to be used for purposes of determining—

(A)

whether a data record from any source agency represents the same individual as a record in another source agency or on the statewide list;

(B)

whether a data record from any source agency represents an individual already registered to vote in the State;

(C)

whether two data records in the statewide computerized voter registration list represent duplicate records for the same individual;

(D)

whether a data record supplied by any list maintenance source represents an individual already registered to vote in the State; and

(E)

which information will be treated as more current and reliable when data records from multiple sources present information for the same individual.

(2)

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.

(b)

Privacy and security standards—

(1)

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 201, the online or telephone interface, the maintenance of the voter registration database, and audit procedure to track individual access to the system.

(2)

No unauthorized access— The chief State 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 201, or any maintenance source for the list. Nothing in this paragraph shall be construed to prohibit access to information required for purposes of voter registration, election administration, and the enforcement of election laws.

(3)

Inter-agency transfers—

(A)

In general— The chief State 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 title. 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 201 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 201.

(B)

Transmission through secure third parties permitted— Nothing in this section shall be construed to prevent a source agency under section 201 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 title, including the privacy and security provisions of this section.

(4)

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 title, including for the purpose of determining the eligibility of persons casting provisional ballots under section 302 of the Help America Vote Act of 2002 (42 U.S.C. 15482). Records for individuals who have been retained on the computerized statewide voter registration list under section 301 of such Act (42 U.S.C. 15481) 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.

(c)

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.

(d)

Protection of source information— The identity of the specific source agency through which an individual consented to register to vote under section 201 shall not be disclosed to the public and shall not be retained after the individual is added to the computerized statewide voter registration list.

(e)

Confidentiality of personal 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, with respect to an individual any of the following:

(1)

Any portion of a Social Security number.

(2)

Any portion of a vehicle driver’s license number or State identification card number.

(3)

A signature.

(4)

A personal residence and contact information (in the case of an individuals with respect to whom such information is required to be maintained as confidential under State law).

(5)

Sensitive information relating to any individual in a category designated as confidential by Federal or State law, including a victim of domestic violence or stalking, a prosecutor and member of law enforcement personnel, and a participant in a witness protection program.

(6)

A phone number.

(7)

An email address.

(8)

Citizenship status.

(9)

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.

(f)

Protections against liability of individuals on basis of information transferred—

(1)

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 201, 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.

(2)

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 201 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.

(g)

Prohibition on transfer of information irrelevant to administration of elections— No source agency shall transmit any information under section 201 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.

(h)

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 (42 U.S.C. 15483) or an individual’s declination to supply information for voter registration purposes to a source agency under section 201 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.

(i)

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 201, 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.

(j)

Prohibition on the use of voter registration information for commercial or non-Governmental purposes— Voter registration information collected under this title shall not be used for commercial purposes including for comparison with any existing commercial list or database.

(k)

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.

(l)

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 201, 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 (42 U.S.C. 15483) and is not provided to any third party (except to the extent required under another Federal or State 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. 203 Promoting accuracy of Statewide voter registration lists

(a)

Deadlines for transmittal of change of address or other identifying information—

(1)

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.”

(2)

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.”

(3)

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 201 has been changed, the appropriate official of such agency shall transmit such form or other information to the chief State election official, unless—

(A)

the records of the agency include information indicating that the individual is not eligible to register to vote in the State; or

(B)

the individual states on the form or otherwise indicates that the change of address or other information is not for voter registration purposes.

(b)

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 (42 U.S.C. 1973gg–3(d))) a voter registration agency (designated under section 7 of such Act (42 U.S.C. 1973gg–5)), or a source agency (designated under section 201 of the Voting Line Reduction and Online Registration Act) 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.”

(c)

Effective date— The amendments made by this section shall apply with respect to elections occurring during 2014 or any succeeding year.

Sec. 204 Definitions

(a)

Chief State election official— In this title, the term chief State election official means, with respect to a State, the individual designated by the State under section 10 of the National Voter Registration Act of 1993 (42 U.S.C. 1973gg–8) to be responsible for coordination of the State’s responsibilities under such Act.

(b)

State— In this title, the term State includes the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, and American Samoa, 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.