Sec. 100 Short title
This title may be cited as the “Voter Registration Modernization Act of 2019”.
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 (52 U.S.C. 20501 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 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 meets the requirements of subsection (c) to provide a signature in electronic form (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) Signature requirements
“(1) In general—For purposes of this section, an individual meets the requirements of this subsection as follows:
“(A) In the case of an individual who has a signature on file with a State agency, including the State motor vehicle authority, that is required to provide voter registration services under this Act or any other law, the individual consents to the transfer of that electronic signature.
“(B) If subparagraph (A) does not apply, the individual submits with the application an electronic copy of the individual’s handwritten signature through electronic means.
“(C) If subparagraph (A) and subparagraph (B) do not apply, the individual executes a computerized mark in the signature field on an online voter registration application, in accordance with reasonable security measures established by the State, but only if the State accepts such mark from the individual.
“(2) Treatment of individuals unable to meet requirement—If an individual is unable to meet the requirements of paragraph (1), the State shall—
“(A) permit the individual to complete all other elements of the online voter registration application;
“(B) permit the individual to provide a signature at the time the individual requests a ballot in an election (whether the individual requests the ballot at a polling place or requests the ballot by mail); and
“(C) if the individual carries out the steps described in subparagraph (A) and subparagraph (B), ensure that the individual is registered to vote in the State.
“(3) Notice—The State shall ensure that individuals applying to register to vote online are notified of the requirements of paragraph (1) and of the treatment of individuals unable to meet such requirements, as described in paragraph (2).
“(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 (52 U.S.C. 21083(b)(1)(A)) is amended by striking “by mail” and inserting “by mail or online under section 6A of the National Voter Registration Act of 1993”.
Requiring signature for first-time voters in jurisdiction— Section 303(b) of such Act (52 U.S.C. 21083(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 (52 U.S.C. 20302 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 (52 U.S.C. 20102(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 (52 U.S.C. 21083(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 (52 U.S.C. 20507(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 (52 U.S.C. 20507(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 (52 U.S.C. 21083(a)) is amended by adding at the end the following new paragraph:
“(6) Use of Internet by registered voters to update information
“(A) In general—The appropriate State or local election official shall ensure that any registered voter on the computerized list may at any time update the voter’s registration information, including the voter’s address and electronic mail address, online through the official public website of the election official responsible for the maintenance of the list, so long as the voter attests to the contents of the update by providing a signature in electronic form in the same manner required under section 6A(c) of the National Voter Registration Act of 1993.
“(B) Processing of updated information by election officials—If a registered voter updates registration information under subparagraph (A), the appropriate State or local election official shall—
“(i) revise any information on the computerized list to reflect the update made by the voter; and
“(ii) if the updated registration information affects the voter’s eligibility to vote in an election for Federal office, ensure that the information is processed with respect to the election if the voter updates the information not later than the lesser of 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 (52 U.S.C. 21083(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 (52 U.S.C. 20507(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 Email Address and Receive Information—
In general— Section 9(b) of the National Voter Registration Act of 1993 (52 U.S.C. 20508(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 (52 U.S.C. 20508) is amended by adding at the end the following new subsection:
“(c) Prohibiting use of electronic mail addresses for other than official purposes—The chief State election official shall ensure that any electronic mail address provided by an applicant under subsection (b)(5) is used only for purposes of carrying out official duties of election officials and is not transmitted by any State or local election official (or any agent of such an official, including a contractor) to any person who does not require the address to carry out such official duties and who is not under the direct supervision and control of a State or local election official.”
Requiring Provision of Information by Election Officials— Section 302(b) of the Help America Vote Act of 2002 (52 U.S.C. 21082(b)) is amended by adding at the end the following new paragraph:
“(3) Provision of other information by electronic mail—If an individual who is a registered voter has provided the State or local election official with an electronic mail address for the purpose of receiving voting information (as described in section 9(b)(5) of the National Voter Registration Act of 1993), the appropriate State or local election official, through electronic mail transmitted not later than 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 (52 U.S.C. 20507) 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, 2020.
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, 2020” were a reference to “January 1, 2022”.
B Automatic Voter Registration
Sec. 111 Short title; findings and purpose
Short title— This subtitle may be cited as the “Automatic Voter Registration Act of 2019”.
Findings and purpose—
Findings— Congress finds that—
the right to vote is a fundamental right of citizens of the United States;
it is the responsibility of the State and Federal governments to ensure that every eligible citizen is registered to vote;
existing voter registration systems can be inaccurate, costly, inaccessible and confusing, with damaging effects on voter participation in elections and disproportionate impacts on young people, persons with disabilities, and racial and ethnic minorities; and
voter registration systems must be updated with 21st century technologies and procedures to maintain their security.
Purpose— It is the purpose of this subtitle—
to establish that it is the responsibility of government at every level to ensure that all eligible citizens are registered to vote;
to enable the State and Federal governments to register all eligible citizens to vote with accurate, cost-efficient, and up-to-date procedures;
to modernize voter registration and list maintenance procedures with electronic and Internet capabilities; and
to protect and enhance the integrity, accuracy, efficiency, and accessibility of the electoral process for all eligible citizens.
Sec. 112 Automatic registration of eligible individuals
Requiring States To establish and operate automatic registration system—
In general— The chief State election official of each State shall establish and operate a system of automatic registration for the registration of eligible individuals to vote for elections for Federal office in the State, in accordance with the provisions of this subtitle.
Definition— The term automatic registration means a system that registers an individual to vote in elections for Federal office in a State, if eligible, by electronically transferring the information necessary for registration from government agencies to election officials of the State so that, unless the individual affirmatively declines to be registered, the individual will be registered to vote in such elections.
Registration of voters based on new agency records— The chief State election official shall—
not later than 15 days after a contributing agency has transmitted information with respect to an individual pursuant to section 113, ensure that the individual is registered to vote in elections for Federal office in the State if the individual is eligible to be registered to vote in such elections; and
send written notice to the individual, in addition to other means of notice established by this subtitle, of the individual’s voter registration status.
One-Time registration of voters based on existing contributing agency records— The chief State election official shall—
identify all individuals whose information is transmitted by a contributing agency pursuant to section 114 and who are eligible to be, but are not currently, registered to vote in that State;
promptly send each such individual written notice, in addition to other means of notice established by this subtitle, which shall not identify the contributing agency that transmitted the information but shall include—
an explanation that voter registration is voluntary, but if the individual does not decline registration, the individual will be registered to vote;
a statement offering the opportunity to decline voter registration through means consistent with the requirements of this subtitle;
in the case of a State in which affiliation or enrollment with a political party is required in order to participate in an election to select the party’s candidate in an election for Federal office, a statement offering the individual the opportunity to affiliate or enroll with a political party or to decline to affiliate or enroll with a political party, through means consistent with the requirements of this part;
the substantive qualifications of an elector in the State as listed in the mail voter registration application form for elections for Federal office prescribed pursuant to section 9 of the National Voter Registration Act of 1993, the consequences of false registration, and a statement that the individual should decline to register if the individual does not meet all those qualifications;
instructions for correcting any erroneous information; and
instructions for providing any additional information which is listed in the mail voter registration application form for elections for Federal office prescribed pursuant to section 9 of the National Voter Registration Act of 1993;
ensure that each such individual who is eligible to register to vote in elections for Federal office in the State is promptly registered to vote not later than 45 days after the official sends the individual the written notice under paragraph (2), unless, during the 30-day period which begins on the date the election official sends the individual such written notice, the individual declines registration in writing, through a communication made over the Internet, or by an officially logged telephone communication; and
send written notice to each such individual, in addition to other means of notice established by this subtitle, of the individual’s voter registration status.
Treatment of individuals under 18 years of age— A State may not refuse to treat an individual as an eligible individual for purposes of this subtitle on the grounds that the individual is less than 18 years of age at the time a contributing agency receives information with respect to the individual, so long as the individual is at least 16 years of age at such time.
Contributing agency defined— In this subtitle, the term contributing agency means, with respect to a State, an agency listed in section 113(e).
Sec. 113 Contributing agency assistance in registration
In general— In accordance with this subtitle, each contributing agency in a State shall assist the State’s chief election official in registering to vote all eligible individuals served by that agency.
Requirements for contributing agencies—
Instructions on automatic registration— With each application for service or assistance, and with each related recertification, renewal, or change of address, or, in the case of an institution of higher education, with each registration of a student for enrollment in a course of study, each contributing agency that (in the normal course of its operations) requests individuals to affirm United States citizenship (either directly or as part of the overall application for service or assistance) shall inform each such individual who is a citizen of the United States of the following:
Unless that individual declines to register to vote, or is found ineligible to vote, the individual will be registered to vote or, if applicable, the individual’s registration will be updated.
The substantive qualifications of an elector in the State as listed in the mail voter registration application form for elections for Federal office prescribed pursuant to section 9 of the National Voter Registration Act of 1993, the consequences of false registration, and the individual should decline to register if the individual does not meet all those qualifications.
In the case of a State in which affiliation or enrollment with a political party is required in order to participate in an election to select the party’s candidate in an election for Federal office, the requirement that the individual must affiliate or enroll with a political party in order to participate in such an election.
Voter registration is voluntary, and 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.
Opportunity to decline registration required— Each contributing agency shall ensure that each application for service or assistance, and each related recertification, renewal, or change of address, or, in the case of an institution of higher education, each registration of a student for enrollment in a course of study, cannot be completed until the individual is given the opportunity to decline to be registered to vote.
Information transmittal— Upon the expiration of the 30-day period which begins on the date the contributing agency informs the individual of the information described in paragraph (1), each contributing agency shall electronically transmit to the appropriate State election official, in a format compatible with the statewide voter database maintained under section 303 of the Help America Vote Act of 2002 (52 U.S.C. 21083), the following information, unless during such 30-day period the individual declined to be registered to vote:
The individual’s given name(s) and surname(s).
The individual’s date of birth.
The individual’s residential address.
Information showing that the individual is a citizen of the United States.
The date on which information pertaining to that individual was collected or last updated.
If available, the individual’s signature in electronic form.
Information regarding the individual’s affiliation or enrollment with a political party, if the individual provides such information.
Any additional information listed in the mail voter registration application form for elections for Federal office prescribed pursuant to section 9 of the National Voter Registration Act of 1993, including any valid driver's license number or the last 4 digits of the individual's social security number, if the individual provided such information.
Alternate procedure for certain contributing agencies— With each application for service or assistance, and with each related recertification, renewal, or change of address, or in the case of an institution of higher education, with each registration of a student for enrollment in a course of study, any contributing agency that in the normal course of its operations does not request individuals applying for service or assistance to affirm United States citizenship (either directly or as part of the overall application for service or assistance) shall—
complete the requirements of section 7(a)(6) of the National Voter Registration Act of 1993 (52 U.S.C. 20506(a)(6));
ensure that each applicant’s transaction with the agency cannot be completed until the applicant has indicated whether the applicant wishes to register to vote or declines to register to vote in elections for Federal office held in the State; and
for each individual who wishes to register to vote, transmit that individual’s information in accordance with subsection (b)(3).
Required availability of automatic registration opportunity with each application for service or assistance— Each contributing agency shall offer each individual, with each application for service or assistance, and with each related recertification, renewal, or change of address, or in the case of an institution of higher education, with each registration of a student for enrollment in a course of study, the opportunity to register to vote as prescribed by this section without regard to whether the individual previously declined a registration opportunity.
Contributing agencies—
State agencies— In each State, each of the following agencies shall be treated as a contributing agency:
Each agency in a State that is required by Federal law to provide voter registration services, including the State motor vehicle authority and other voter registration agencies under the National Voter Registration Act of 1993.
Each agency in a State that administers a program pursuant to title III of the Social Security Act (42 U.S.C. 501 et seq.), title XIX of the Social Security Act (42 U.S.C. 1396 et seq.), or the Patient Protection and Affordable Care Act (Public Law 111–148).
Each State agency primarily responsible for regulating the private possession of firearms.
Each State agency primarily responsible for maintaining identifying information for students enrolled at public secondary schools, including, where applicable, the State agency responsible for maintaining the education data system described in section 6201(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 a 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.
Any other agency of the State which is designated by the State as a contributing agency.
Federal agencies— In each State, each of the following agencies of the Federal Government shall be treated as a contributing agency with respect to individuals who are residents of that State (except as provided in subparagraph (C)):
The Social Security Administration, the Department of Veterans Affairs, the Defense Manpower Data Center of the Department of Defense, the Employee and Training Administration of the Department of Labor, and the Center for Medicare & Medicaid Services of the Department of Health and Human Services.
The Bureau of Citizenship and Immigration Services, but only with respect to individuals who have completed the naturalization process.
In the case of an individual who is a resident of a State in which an individual disenfranchised by a criminal conviction under Federal law may become eligible to vote upon completion of a criminal sentence or any part thereof, or upon formal restoration of rights, the Federal agency responsible for administering that sentence or part thereof (without regard to whether the agency is located in the same State in which the individual is a resident), but only with respect to individuals who have completed the criminal sentence or any part thereof.
Any other agency of the Federal Government which the State designates as a contributing agency, but only if the State and the head of the agency determine that the agency collects information sufficient to carry out the responsibilities of a contributing agency under this section.
Institutions of higher education— Each institution of higher education that receives Federal funds shall be treated as a contributing agency in the State in which it is located, but only with respect to students of the institution (including students who attend classes online) who reside in the State. An institution of higher education described in the previous sentence shall be exempt from the voter registration requirements of section 487(a)(23) of the Higher Education Act of 1965 (20 U.S.C. 1094(a)(23)) if the institution is in compliance with the applicable requirements of this subtitle.
Publication— Not later than 180 days prior to the date of each election for Federal office held in the State, the chief State election official shall publish on the public website of the official an updated list of all contributing agencies in that State.
Public education— The chief State election official of each State, in collaboration with each contributing agency, shall take appropriate measures to educate the public about voter registration under this section.
Sec. 114 One-time contributing agency assistance in registration of eligible voters in existing records
Initial transmittal of information— For each individual already listed in a contributing agency’s records as of the date of enactment of this Act, and for whom the agency has the information listed in section 113(b)(3), the agency shall promptly transmit that information to the appropriate State election official in accordance with section 113(b)(3) not later than the effective date described in section 111(a).
Transition— For each individual listed in a contributing agency’s records as of the effective date described in section 111(a) (but who was not listed in a contributing agency’s records as of the date of enactment of this Act), and for whom the agency has the information listed in section 113(b)(3), the Agency shall promptly transmit that information to the appropriate State election official in accordance with section 113(b)(3) not later than 6 months after the effective date described in section 111(a).
Sec. 115 Voter protection and security in automatic registration
Protections for errors in registration— An individual shall not be prosecuted under any Federal law, adversely affected in any civil adjudication concerning immigration status or naturalization, or subject to an allegation in any legal proceeding that the individual is not a citizen of the United States on any of the following grounds:
The individual notified an election office of the individual’s automatic registration to vote under this subtitle.
The individual is not eligible to vote in elections for Federal office but was automatically registered to vote under this subtitle.
The individual was automatically registered to vote under this subtitle at an incorrect address.
The individual declined the opportunity to register to vote or did not make an affirmation of citizenship, including through automatic registration, under this subtitle.
Limits on use of automatic registration— The automatic registration of any individual or the fact that an individual declined the opportunity to register to vote or did not make an affirmation of citizenship (including through automatic registration) under this subtitle may not be used as evidence against that individual in any State or Federal law enforcement proceeding, and an individual’s lack of knowledge or willfulness of such registration may be demonstrated by the individual’s testimony alone.
Protection of election integrity— Nothing in subsections (a) or (b) may be construed to prohibit or restrict any action under color of law against an individual who—
knowingly and willfully makes a false statement to effectuate or perpetuate automatic voter registration by any individual; or
casts a ballot knowingly and willfully in violation of State law or the laws of the United States.
Contributing agencies’ protection of information— Nothing in this subtitle authorizes a contributing agency to collect, retain, transmit, or publicly disclose any of the following:
An individual’s decision to decline to register to vote or not to register to vote.
An individual’s decision not to affirm his or her citizenship.
Any information that a contributing agency transmits pursuant to section 113(b)(3), except in pursuing the agency’s ordinary course of business.
Election officials’ protection of information—
Public disclosure prohibited—
In general— Subject to subparagraph (B), with respect to any individual for whom any State election official receives information from a contributing agency, the State election officials shall not publicly disclose any of the following:
The identity of the contributing agency.
Any information not necessary to voter registration.
Any voter information otherwise shielded from disclosure under State law or section 8(a) of the National Voter Registration Act of 1993 (52 U.S.C. 20507(a)).
Any portion of the individual’s social security number.
Any portion of the individual’s motor vehicle driver’s license number.
The individual’s signature.
The individual’s telephone number.
The individual’s email address.
Special rule for individuals registered to vote— With respect to any individual for whom any State election official receives information from a contributing agency and who, on the basis of such information, is registered to vote in the State under this subtitle, the State election officials shall not publicly disclose any of the following:
The identity of the contributing agency.
Any information not necessary to voter registration.
Any voter information otherwise shielded from disclosure under State law or section 8(a) of the National Voter Registration Act of 1993 (52 U.S.C. 20507(a)).
Any portion of the individual’s social security number.
Any portion of the individual’s motor vehicle driver’s license number.
The individual’s signature.
Voter record changes— 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 of changes to voter records, including removals and updates.
Database management standards— The Director of the National Institute of Standards and Technology shall, after providing the public with notice and the opportunity to comment—
establish standards governing the comparison of data for voter registration list maintenance purposes, identifying as part of such standards the specific data elements, the matching rules used, and how a State may use the data to determine and deem that an individual is ineligible under State law to vote in an election, or to deem a record to be a duplicate or outdated;
ensure that the standards developed pursuant to this paragraph are uniform and nondiscriminatory and are applied in a uniform and nondiscriminatory manner; and
publish the standards developed pursuant to this paragraph on the Director’s website and make those standards available in written form upon request.
Security policy— The Director of the National Institute of Standards and Technology shall, after providing the public with notice and the opportunity to comment, publish privacy and security standards for voter registration information. The standards shall require the chief State election official of each State to adopt a policy that shall specify—
each class of users who shall have authorized access to the computerized statewide voter registration list, specifying for each class the permission and levels of access to be granted, and setting forth other safeguards to protect the privacy, security, and accuracy of the information on the list; and
security safeguards to protect personal information transmitted through the information transmittal processes of section 113 or section 114, the online system used pursuant to section 117, any telephone interface, the maintenance of the voter registration database, and any audit procedure to track access to the system.
State compliance with national standards—
Certification— The chief executive officer of the State shall annually file with the Election Assistance Commission a statement certifying to the Director of the National Institute of Standards and Technology that the State is in compliance with the standards referred to in paragraphs (4) and (5). A State may meet the requirement of the previous sentence by filing with the Commission a statement which reads as follows: “_____ hereby certifies that it is in compliance with the standards referred to in paragraphs (4) and (5) of section 115(e) of the Automatic Voter Registration Act of 2019.” (with the blank to be filled in with the name of the State involved).
Publication of policies and procedures— The chief State election official of a State shall publish on the official’s website the policies and procedures established under this section, and shall make those policies and procedures available in written form upon public request.
Funding dependent on certification— If a State does not timely file the certification required under this paragraph, it shall not receive any payment under this subtitle for the upcoming fiscal year.
Compliance of States that require changes to State law— In the case of a State that requires State legislation to carry out an activity covered by any certification submitted under this paragraph, for a period of not more than 2 years the State shall be permitted to make the certification notwithstanding that the legislation has not been enacted at the time the certification is submitted, and such State shall submit an additional certification once such legislation is enacted.
Restrictions on use of information— No person acting under color of law may discriminate against any individual based on, or use for any purpose other than voter registration, election administration, or enforcement relating to election crimes, any of the following:
Voter registration records.
An individual’s declination to register to vote or complete an affirmation of citizenship under section 113(b).
An individual’s voter registration status.
Prohibition on the use of voter registration information for commercial purposes— Information collected under this subtitle shall not be used for commercial purposes. Nothing in this subsection may be construed to prohibit the transmission, exchange, or dissemination of information for political purposes, including the support of campaigns for election for Federal, State, or local public office or the activities of political committees (including committees of political parties) under the Federal Election Campaign Act of 1971.
Sec. 116 Registration portability and correction
Correcting registration information at polling place— Notwithstanding section 302(a) of the Help America Vote Act of 2002 (52 U.S.C. 21082(a)), if an individual is registered to vote in elections for Federal office held in a State, the appropriate election official at the polling pace for any such election (including a location used as a polling place on a date other than the date of the election) shall permit the individual to—
update the individual’s address for purposes of the records of the election official;
correct any incorrect information relating to the individual, including the individual’s name and political party affiliation, in the records of the election official; and
cast a ballot in the election on the basis of the updated address or corrected information, and to have the ballot treated as a regular ballot and not as a provisional ballot under section 302(a) of such Act.
Updates to computerized statewide voter registration lists— If an election official at the polling place receives an updated address or corrected information from an individual under subsection (a), the official shall ensure that the address or information is promptly entered into the computerized statewide voter registration list in accordance with section 303(a)(1)(A)(vi) of the Help America Vote Act of 2002 (52 U.S.C. 21083(a)(1)(A)(vi)).
Sec. 117 Payments and grants
In general— The Election Assistance Commission shall make grants to each eligible State to assist the State in implementing the requirements of this subtitle (or, in the case of an exempt State, in implementing its existing automatic voter registration program).
Eligibility; application— A State is eligible to receive a grant under this section if the State submits to the Commission, at such time and in such form as the Commission may require, an application containing—
a description of the activities the State will carry out with the grant;
an assurance that the State shall carry out such activities without partisan bias and without promoting any particular point of view regarding any issue; and
such other information and assurances as the Commission may require.
Amount of grant; priorities— The Commission shall determine the amount of a grant made to an eligible State under this section. In determining the amounts of the grants, the Commission shall give priority to providing funds for those activities which are most likely to accelerate compliance with the requirements of this subtitle (or, in the case of an exempt State, which are most likely to enhance the ability of the State to automatically register individuals to vote through its existing automatic voter registration program), including—
investments supporting electronic information transfer, including electronic collection and transfer of signatures, between contributing agencies and the appropriate State election officials;
updates to online or electronic voter registration systems already operating as of the date of the enactment of this Act;
introduction of online voter registration systems in jurisdictions in which those systems did not previously exist; and
public education on the availability of new methods of registering to vote, updating registration, and correcting registration.
Authorization of appropriations—
Authorization— There are authorized to be appropriated to carry out this section—
$500,000,000 for fiscal year 2020; and
such sums as may be necessary for each succeeding fiscal year.
Continuing availability of funds— Any amounts appropriated pursuant to the authority of this subsection shall remain available without fiscal year limitation until expended.
Sec. 118 Treatment of exempt States
Waiver of requirements— Except as provided in subsection (b), this subtitle does not apply with respect to an exempt State.
Exceptions— The following provisions of this subtitle apply with respect to an exempt State:
Section 116 (relating to registration portability and correction).
Section 117 (relating to payments and grants).
Section 119(e) (relating to enforcement).
Section 119(f) (relating to relation to other laws).
Sec. 119 Miscellaneous provisions
Accessibility of registration services— Each contributing agency shall ensure that the services it provides under this subtitle are made available to individuals with disabilities to the same extent as services are made available to all other individuals.
Transmission through secure third party permitted— Nothing in this subtitle shall be construed to prevent a contributing agency from contracting with a third party to assist the agency in meeting the information transmittal requirements of this subtitle, so long as the data transmittal complies with the applicable requirements of this subtitle, including the privacy and security provisions of section 115.
Nonpartisan, nondiscriminatory provision of services— The services made available by contributing agencies under this subtitle and by the State under sections 1006 and 1007 shall be made in a manner consistent with paragraphs (4), (5), and (6)(C) of section 7(a) of the National Voter Registration Act of 1993 (52 U.S.C. 20506(a)).
Notices— Each State may send notices under this subtitle via electronic mail if the individual has provided an electronic mail address and consented to electronic mail communications for election-related materials. All notices sent pursuant to this subtitle that require a response must offer the individual notified the opportunity to respond at no cost to the individual.
Enforcement— Section 11 of the National Voter Registration Act of 1993 (52 U.S.C. 20510), relating to civil enforcement and the availability of private rights of action, shall apply with respect to this subtitle in the same manner as such section applies to such Act.
Relation to other laws— Except as provided, nothing in this subtitle may be construed to authorize or require conduct prohibited under, or to supersede, restrict, or limit the application of any of the following:
The Voting Rights Act of 1965 (52 U.S.C. 10301 et seq.).
The Uniformed and Overseas Citizens Absentee Voting Act (52 U.S.C. 20301 et seq.).
The National Voter Registration Act of 1993 (52 U.S.C. 20501 et seq.).
The Help America Vote Act of 2002 (52 U.S.C. 20901 et seq.).
Sec. 120 Definitions
In this subtitle, the following definitions apply:
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 (52 U.S.C. 20509) to be responsible for coordination of the State’s responsibilities under such Act.
The term Commission means the Election Assistance Commission.
The term exempt State means a State which, under law which is in effect continuously on and after the date of the enactment of this Act, operates an automatic voter registration program under which an individual is automatically registered to vote in elections for Federal office in the State if the individual provides the motor vehicle authority of the State with such identifying information as the State may require.
The term State means each of the several States and the District of Columbia.
Sec. 121 Effective date
In general— Except as provided in subsection (b), this subtitle and the amendments made by this subtitle shall apply with respect to a State beginning January 1, 2021.
Waiver— Subject to the approval of the Commission, if a State certifies to the 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, 2021” were a reference to “January 1, 2023”.
C Same Day Voter Registration
Sec. 131 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 (52 U.S.C. 20507(a)(1)(D)), 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 2020 and for any subsequent election for Federal office.”
Conforming amendment relating to enforcement— Section 401 of such Act (52 U.S.C. 21111) 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:
D Conditions on Removal on Basis of Interstate Cross-Checks
Sec. 141 Conditions on removal of registrants from official list of eligible voters on basis of interstate cross-checks
Minimum information required for removal under cross-Check— Section 8(c)(2) of the National Voter Registration Act of 1993 (52 U.S.C. 20507(c)(2)) is amended—
by redesignating subparagraph (B) as subparagraph (D); and
by inserting after subparagraph (A) the following new subparagraphs:
“(B) To the extent that the program carried out by a State under subparagraph (A) to systematically remove the names of ineligible voters from the official lists of eligible voters uses information obtained in an interstate cross-check, the State may not remove the name of the voter from such a list unless—
“(i) the State obtained the voter’s full name (including the voter’s middle name, if any) and date of birth, and the last 4 digits of the voter’s social security number, in the interstate cross-check; or
“(ii) the State obtained documentation from the ERIC system that the voter is no longer a resident of the State.
“(C) In this paragraph—
“(i) the term interstate cross-check means the transmission of information from an election official in one State to an election official of another State; and
“(ii) the term ERIC system means the system operated by the Electronic Registration Information Center to share voter registration information and voter identification information among participating States.”
Requiring completion of cross-Checks not later than 6 months prior to election— Subparagraph (A) of section 8(c)(2) of such Act (52 U.S.C. 20507(c)(2)) is amended by striking “not later than 90 days” and inserting the following: “not later than 90 days (or, in the case of a program in which the State uses interstate cross-checks, not later than 6 months)”.
Conforming amendment— Subparagraph (F) of section 8(c)(2) of such Act (52 U.S.C. 20507(c)(2)) is amended by striking “Subparagraph (A)” and inserting “This paragraph”.
Effective date— The amendments made by this Act shall apply with respect to elections held on or after the expiration of the 6-month period which begins on the date of the enactment of this Act.
E Other Initiatives To Promote Voter Registration
Sec. 151 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 (52 U.S.C. 20507), 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, 2020.
Sec. 152 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 categories of information for the year:
The number of individuals who were registered under subtitle B.
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.
Breakdown of information by race and ethnicity of Individuals— In preparing the report under this section, the State shall, for each category of information described in subsection (a), include a breakdown by race and ethnicity of the individuals whose information is included in the category, to the extent that information on the race and ethnicity of such individuals is available to the State.
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.
F Availability of HAVA Requirements Payments
Sec. 161 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 2019, 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 2019.”
Conforming Amendment— Section 254(a)(1) of such Act (52 U.S.C. 21004(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 2020 and each succeeding fiscal year.
G Prohibiting Interference With Voter Registration
Sec. 171 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 to corruptly hinder, interfere with, or prevent another person from aiding another person in registering to vote.
“(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.”
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. 172 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 171), and section 12 of the National Voter Registration Act of 1993 (52 U.S.C. 20511) (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 (52 U.S.C. 21082(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 (52 U.S.C. 20511) (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.”
H Saving Voters From Voter Purging
Sec. 181 Short title
This subtitle may be cited as the “Stop Automatically Voiding Eligible Voters Off Their Enlisted Rolls in States Act” or the “Save Voters Act”.
Sec. 182 Conditions for removal of voters from list of registered voters
Conditions described— The National Voter Registration Act of 1993 (52 U.S.C. 20501 et seq.) is amended by inserting after section 8 the following new section:
“8A. Conditions for removal of voters from official list of registered voters
“(a) Verification on basis of objective and reliable evidence of ineligibility—Notwithstanding any other provision of this Act, a State may not remove any registrant from the official list of voters eligible to vote in elections for Federal office in the State unless the State verifies, on the basis of objective and reliable evidence, that the registrant is ineligible to vote in such elections on any of the grounds described in paragraph (3) or paragraph (4) of section 8(a).
“(b) Factors not considered as objective and reliable evidence of ineligibility—For purposes of subsection (a), the following factors, or any combination thereof, shall not be treated as objective and reliable evidence of a registrant’s ineligibility to vote:
“(1) The failure of the registrant to vote in any election.
“(2) The failure of the registrant to respond to any notice sent under section 8(d).
“(3) The failure of the registrant to take any other action with respect to voting in any election or with respect to the registrant’s status as a registrant.”
Conforming amendments—
in paragraph (3), by striking “provide” and inserting “subject to section 8A, provide”; and
in paragraph (4), by striking “conduct” and inserting “subject to section 8A, conduct”.
Help America Vote Act of 2002— Section 303(a)(4)(A) of the Help America Vote Act of 2002 (52 U.S.C. 21083(a)(4)(A)) is amended by striking “, registrants” and inserting “, and subject to section 8A of such Act, registrants”.
Effective date— The amendments made by this section shall take effect on the date of the enactment of this Act.