To amend the National Voter Registration Act of 1993 and the Help America Vote Act of 2002 to promote the use of the Internet by State and local election officials in carrying out voter registration activities, and for other purposes.

Summary: Voter Registration Modernization Act of 2009 - Amends the National Voter Registration Act of 1993 (NVRA) to direct states to ensure the availability of the Internet for online voter registration.

Amends the Help America Vote Act of 2002 (HAVA) to direct the appropriate state or local election official to ensure the availability of the Internet for updating voter registration information.

Amends NVRA to allow a voter registration applicant to provide his or her email address on the appropriate form to receive voting information.

Requires states to consider an applicant to have provided a valid voter registration form if he or she has provided all necessary information to demonstrate eligibility to vote.

Allows a state to use a HAVA requirements payment to carry out the new NVRA requirements imposed by this Act.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Voter Registration Modernization Act 
of 2009''.

SEC. 2. REQUIRING AVAILABILITY OF INTERNET FOR VOTER REGISTRATION.

    (a) Requiring Availability of Internet for Registration.--The 
National Voter Registration Act of 1993 (42 U.S.C. 1973gg et seq.) is 
amended by inserting after section 7 the following new section:

``SEC. 7A. INTERNET REGISTRATION.

    ``(a) Requiring Availability of Internet for Online Registration.--
Each State shall ensure that the following services are available to 
the public on the official public website of the appropriate election 
officials in the State:
            ``(1) Online access to, and distribution in electronic form 
        of, mail voter registration application forms in accordance 
        with paragraph (6).
            ``(2) Online assistance to applicants in completing voter 
        registration application forms.
            ``(3) Online completion and submission by applicants of 
        online versions of voter registration application forms.
            ``(4) Online acceptance of completed voter registration 
        application forms.
    ``(b) Provision of Services in Nonpartisan Manner.--The services 
made available under subsection (a) shall be provided in a manner that 
ensures that--
            ``(1) no person shall seek to influence an applicant's 
        political preference or party registration;
            ``(2) there is no display on the website of any political 
        preference or party allegiance; and
            ``(3) there is no statement or any other feature on the 
        website the purpose or effect of which is to discourage the 
        applicant from registering to vote.
    ``(c) Protection of Security of Information.--In meeting the 
requirements of this section, the State shall establish appropriate 
technological security measures to prevent unauthorized access to 
information provided by individuals using the services made available 
under subsection (a).
    ``(d) Effective Date.--The requirements of this section shall apply 
with respect to elections for Federal office occurring in 2016 and each 
succeeding year.''.
    (b) Conforming Amendments.--
            (1) Timing of registration.--Section 8(a)(1) of such Act 
        (42 U.S.C. 1973gg-6(a)(1)) is amended--
                    (A) by striking ``and'' at the end of subparagraph 
                (C);
                    (B) by redesignating subparagraph (D) as 
                subparagraph (E); and
                    (C) 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 7A, if the valid voter registration form 
                is submitted online not later than the lesser of 15 
                days, or the period provided by State law, before the 
                date of the election; and''.
            (2) Informing applicants of eligibility requirements and 
        penalties.--Section 8(a)(5) of such Act (42 U.S.C. 1973gg-
        6(a)(5)) is amended by striking ``and 7'' and inserting ``7, 
        and 7A''.

SEC. 3. USE OF INTERNET TO UPDATE REGISTRATION INFORMATION.

    (a) Updates to Information Contained on Computerized Statewide 
Voter Registration List.--
            (1) In general.--Section 303(a) of the Help America Vote 
        Act of 2002 (42 U.S.C. 15483(a)) is amended by adding at the 
        end the following new paragraph:
            ``(6) Use of internet by registered voters to update 
        information.--
                    ``(A) In general.--The appropriate State or local 
                election official shall ensure that any legally 
                registered voter to whom a unique identifier has been 
                assigned under the computerized list may 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, at any 
                time as well as at any location at which under State 
                law the voter may update the information in person.
                    ``(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 requested by the voter, confirm 
                        the receipt of the update by electronic mail 
                        sent to the voter.
                    ``(C) Prevention of unauthorized revisions and 
                fraud.--In meeting the requirements of this paragraph, 
                the appropriate State or local election official shall 
                establish appropriate technological security measures 
                to prevent unauthorized persons from updating a 
                registered voter's registration information and to 
                prevent the entry of fraudulent data.
                    ``(D) Effective date.--This paragraph shall take 
                effect on January 1, 2012.''.
            (2) Conforming amendment relating to effective date.--
        Section 303(d)(1)(A) of such Act (42 U.S.C. 15483(d)(1)(A)) is 
        amended by striking ``subparagraph (B)'' and inserting 
        ``subparagraph (B) and subsection (a)(6)''.
    (b) Effect on Voter Removal Program Under National Voter 
Registration Act of 1993.--
            (1) Use of online update to confirm change of residence.--
        Section 8(d)(1)(A) of the National Voter Registration Act of 
        1993 (42 U.S.C. 1973gg-6(d)(1)(A)) is amended by inserting 
        after ``in writing'' the following: ``or by updating 
        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''.
            (2) Prohibiting removal of registered voters included on 
        computerized list for failure to vote or appear to vote.--
        Section 8 of such Act (42 U.S.C. 1973gg-6) is amended--
                    (A) in subsection (b)(2), by inserting after 
                ``eligible voters'' the following: ``(other than an 
                individual to whom a unique identifier has been 
                assigned under the computerized Statewide voter 
                registration list under section 303(a) of the Help 
                America Vote Act of 2002)''; and
                    (B) in subsection (d)(1)(B)(i), by striking ``has 
                failed'' and inserting the following: ``in the case of 
                a registrant to whom a unique identifier has not been 
                assigned under the computerized Statewide voter 
                registration list under section 303(a) of the Help 
                America Vote Act of 2002, has failed''.
            (3) Conforming amendment relating to procedures to ensure 
        ability to vote following failure to notify registrar of change 
        of address.--Section 8(e) of such Act (42 U.S.C. 1973gg-6(e)) 
        is amended in the heading by striking ``Failure to Return 
        Card'' and inserting ``Failure to Notify Registrar of Change of 
        Address''.
            (4) Effective date.--The amendments made by this subsection 
        shall take effect on January 1, 2012.

SEC. 4. PROVISION OF ELECTION INFORMATION BY ELECTRONIC MAIL TO 
              INDIVIDUALS REGISTERED TO VOTER.

    (a) Including Option on Voter Registration Form To Provide E-Mail 
Address and Receive Information.--
            (1) In general.--Section 9(b) of the National Voter 
        Registration Act of 1993 (42 U.S.C. 1973gg-7(b)) is amended--
                    (A) by striking ``and'' at the end of paragraph 
                (3);
                    (B) by striking the period at the end of paragraph 
                (4) and inserting ``; and''; and
                    (C) by adding at the end the following new 
                paragraph:
            ``(5) shall include a space for the applicant to provide an 
        electronic mail address, together with a statement that, unless 
        the applicant requests otherwise, the applicant shall (if 
        eligible to register to vote) receive voter registration and 
        voting information from the appropriate State or local election 
        official through electronic mail sent to that address.''.
            (2) Effective date.--The amendments made by paragraph (1) 
        shall take effect January 1, 2012.
    (b) Requiring Provision of Information by Election Officials.--
Section 302(b) of the Help America Vote Act of 2002 (42 U.S.C. 
15482(b)) is amended by adding at the end the following new paragraph:
            ``(3) Provision of other information by electronic mail.--
        If an individual who is a registered voter has provided the 
        State or local election official with an electronic mail 
        address for the purpose of receiving voter registration and 
        voting information (as described in section 9(b)(5) of the 
        National Voter Registration Act of 1993), the appropriate State 
        or local election official shall provide the individual with 
        the following information through electronic mail not later 
        than 7 days before the date of the election involved:
                    ``(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 bring to 
                the polling place.''.

SEC. 5. CLARIFICATION OF REQUIREMENT TO REGISTER APPLICANTS PROVIDING 
              NECESSARY INFORMATION TO SHOW ELIGIBILITY TO VOTE.

    Section 8 of the National Voter Registration Act of 1993 (42 U.S.C. 
1973gg-6) is amended by adding at the end the following new subsection:
    ``(k) 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 the 
applicant has provided the appropriate State or local election official 
with all of the information necessary to demonstrate that the applicant 
is eligible to vote in elections for Federal office in the State or 
local jurisdiction involved.''.

SEC. 6. AVAILABILITY OF REQUIREMENTS PAYMENTS UNDER HAVA TO COVER COSTS 
              OF COMPLIANCE WITH NEW NVRA REQUIREMENTS.

    (a) In General.--Section 251(b) of the Help America Vote Act of 
2002 (42 U.S.C. 15401(b)) is amended--
            (1) in paragraph (1), by striking ``paragraph (2)'' and 
        inserting ``paragraphs (2) and (3)'';
            (2) by redesignating paragraph (2) as paragraph (3); and
            (3) by inserting after paragraph (2) the following new 
        paragraph:
            ``(2) Certain voter registration activities.--A State may 
        use a requirements payment to carry out 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 2009.''.
    (b) Conforming Amendment.--Section 254(a)(1) of such Act (42 U.S.C. 
15404(a)(1)) is amended by striking ``section 251(a)(2)'' and inserting 
``section 251(b)(3)''.
    (c) Effective Date.--The amendments made by this section shall 
apply with respect to fiscal year 2010 and each succeeding fiscal year.