I

103D CONGRESS

1ST SESSION H. R. 499

To establish national voter registration procedures for Federal elections, and

for other purposes.

IN THE HOUSE OF REPRESENTATIVES

JANUARY 21, 1993

Mr. CONYERS introduced the following bill; which was referred jointly to the

Committees on House Administration and Post Office and Civil Service

A BILL

To establish national voter registration procedures for

Federal elections, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Universal Voter Reg5 istration Act of 1993’’.

6 SEC. 2. FINDINGS AND PURPOSES.

7 (a) FINDINGS.—The Congress finds that—

8 (1) the right to vote is fundamental in a democ9 racy, and it is the duty of the Federal, State, and
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1 local governments to promote and maximize the ex2 ercise of that right in elections for Federal office;

3 (2) the Congress has the authority to regulate

4 the time and manner in which citizens may register

5 for, and vote in, elections for Federal office;

6 (3) the establishment of national standards for

7 voter registration with respect to elections for Fed8 eral office would facilitate the participation of citi9 zens in the electoral process and would remove bar10 riers to, and maximize, such participation; and

11 (4) discriminatory and unfair registration laws

12 and procedures can have a direct and damaging ef13 fect on voter participation in elections for Federal

14 office and disproportionately harm voter participa15 tion by various groups, including racial minorities.

16 (b) PURPOSES.—The purposes of this Act are—

17 (1) to establish procedures that will increase

18 the number of eligible citizens who register to vote

19 in elections for Federal office;

20 (2) to make it possible for Federal, State, and

21 local governments to implement this Act in a man22 ner that enhances the participation of eligible citi23 zens as voters in elections for Federal office;

24 (3) to protect the integrity of the electoral proc25 ess; and
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1 (4) to ensure that accurate and current voter

2 registration rolls are maintained.

3 SEC. 3. DEFINITIONS.

4 As used in this Act—

5 (1) the term ‘‘election’’ has the meaning stated

6 in section 301(1) of the Federal Election Campaign

7 Act of 1971 (2 U.S.C. 431(1));

8 (2) the term ‘‘Federal office’’ has the meaning

9 stated in section 301(3) of the Federal Election

10 Campaign Act of 1971 (2 U.S.C. 431(3));

11 (3) the term ‘‘motor vehicle driver’s license’’ in12 cludes any personal identification document issued

13 by a State motor vehicle authority;

14 (4) the term ‘‘State’’ means a State of the

15 United States and the District of Columbia;

16 (5) the term ‘‘voter registration agency’’ means

17 an office designated under section 7(a)(1) to per18 form voter registration activities; and

19 (6) the terms ‘‘registrar’s jurisdiction’’ and ‘‘ju20 risdiction of the same registrar’’ mean—

21 (A) an incorporated city, town, borough, or

22 other form of municipality;

23 (B) if voter registration is maintained by a

24 county, parish, or other unit of government that

25 governs a larger geographic area than a munici-
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1 pality, the geographic area governed by that

2 unit of government; or

3 (C) if voter registration is maintained on a

4 consolidated basis for more than one municipal5 ity or other unit of government by an office

6 that performs all the functions of a voting reg7 istrar, the geographic area of the consolidated

8 municipalities or other geographic units.

9 SEC. 4. NATIONAL PROCEDURES FOR VOTER REGISTRA10 TION FOR ELECTIONS FOR FEDERAL OFFICE.

11 (a) IN GENERAL.—Except as provided in subsection

12 (b), notwithstanding any other Federal or State law, in

13 addition to any other method of voter registration pro14 vided for under State law, each State shall establish proce15 dures to register to vote in elections for Federal office—

16 (1) by application made simultaneously with an

17 application for a motor vehicle driver’s license pursu18 ant to section 5;

19 (2) by mail application pursuant to section 6;

20 and

21 (3) by application in person—

22 (A) at the appropriate registration site

23 designated with respect to the residence of the

24 applicant in accordance with State law; and
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1 (B) at a Federal, State, or nongovern2 mental office designated under section 7.

3 (b) NONAPPLICABILITY TO CERTAIN STATES.—This

4 Act does not apply to a State described in either or both

5 of the following paragraphs:

6 (1) A State in which there is no voter registra7 tion requirement for any voter in the State with re8 spect to an election for Federal office.

9 (2) A State in which all voters in the State may

10 register to vote at the polling place at the time of

11 voting in a general election for Federal office.

12 SEC. 5. SIMULTANEOUS APPLICATION FOR VOTER REG13 ISTRATION AND APPLICATION FOR MOTOR

14 VEHICLE DRIVER’S LICENSE.

15 (a) IN GENERAL.—(1) Except as provided in sub16 section (b), each State motor vehicle driver’s license appli17 cation (including any renewal application) submitted to

18 the appropriate State motor vehicle authority under State

19 law shall serve as an application for voter registration with

20 respect to elections for Federal office.

21 (2) An application for voter registration submitted

22 under paragraph (1) shall be considered as updating any

23 previous voter registration by the applicant.

24 (b) DECLINATION TO REGISTER.—(1) An applicant

25 for a State motor vehicle driver’s license may decline in
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1 writing to be registered by means of the motor vehicle

2 driver’s license application.

3 (2) No information relating to a declination pursuant

4 to paragraph (1) may be used for any purpose other than

5 voter registration.

6 (c) FORMS AND PROCEDURES.—(1) Each State shall

7 include a voter registration application form for elections

8 for Federal office as part of an application for a State

9 motor vehicle driver’s license.

10 (2) The voter registration application portion of an

11 application for a State motor vehicle driver’s license—

12 (A) may not require any information that dupli13 cates information required in the driver’s license

14 portion of the form (other than a second signature

15 or other information necessary under subparagraph

16 (C));

17 (B) shall include a means by which an applicant

18 may decline to register to vote pursuant to sub19 section (b);

20 (C) may require only the minimum amount of

21 information necessary to—

22 (i) prevent duplicate voter registrations;

23 and

24 (ii) enable State election officials to assess

25 the eligibility of the applicant and to administer
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1 voter registration and other parts of the elec2 tion process;

3 (D) shall include a statement that—

4 (i) states each eligibility requirement (in5 cluding citizenship);

6 (ii) contains an attestation that the appli7 cant meets each such requirement; and

8 (iii) requires the signature of the applicant,

9 under penalty of perjury; and

10 (E) shall be made available (as submitted by

11 the applicant, or in machine readable or other for12 mat) to the appropriate State election official as pro13 vided by State law.

14 (d) CHANGE OF ADDRESS.—Any change of address

15 form submitted in accordance with State law for purposes

16 of a State motor vehicle driver’s license shall serve as noti17 fication of change of address for voter registration with

18 respect to elections for Federal office for the registrant

19 involved unless the registrant states on the form that the

20 change of address is not for voter registration purposes.

21 SEC. 6. MAIL REGISTRATION.

22 (a) FORM.—(1) Each State shall accept and use the

23 mail voter registration application form prescribed by the

24 Federal Election Commission pursuant to section 9(a)(2)

25 for the registration of voters in elections for Federal office.
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1 (2) In addition to accepting and using the form de2 scribed in paragraph (1), a State may develop and use

3 a mail voter registration form that meets all of the criteria

4 stated in section 9(a)(2) for the registration of voters in

5 elections for Federal office.

6 (3) A form described in paragraph (1) or (2) shall

7 be accepted and used for notification of a registrant’s

8 change of address.

9 (b) AVAILABILITY OF FORMS.—The chief State elec10 tion official of a State shall make the forms described in

11 subsection (a) available for distribution through govern12 mental and private entities, with particular emphasis on

13 making them available for organized voter registration

14 programs.

15 (c) FIRST-TIME VOTERS.—(1) Subject to paragraph

16 (2), a State may by law require a person to vote in person

17 if—

18 (A) the person was registered to vote in a local

19 jurisdiction by mail; and

20 (B) the person has not previously voted in that

21 jurisdiction.

22 (2) Paragraph (1) does not apply in the case of a

23 person—
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1 (A) who is entitled to vote by absentee ballot

2 under the Uniformed and Overseas Citizens Absen3 tee Voting Act (42 U.S.C. 1973ff–1 et seq.);

4 (B) who is provided the right to vote otherwise

5 than in person under section 3(b)(2)(B)(ii) of the

6 Voting Accessibility for the Elderly and Handi7 capped Act (42 U.S.C. 1973ee–1(b)(2)(B)(ii)); or

8 (C) who is entitled to vote otherwise than in

9 person under any other law.

10 SEC. 7. VOTER REGISTRATION AGENCIES.

11 (a) DESIGNATION.—(1) Each State shall designate

12 agencies for the registration of voters in elections for Fed13 eral office.

14 (2) Each State shall designate as voter registration

15 agencies—

16 (A) all offices in the State that provide public

17 assistance, unemployment compensation, or related

18 services;

19 (B) all offices in the State that provide State20 funded programs primarily engaged in providing

21 services to persons with disabilities; and

22 (C) all universities and colleges in the State

23 that are State-funded, public schools, and public vo24 cational training centers.
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1 (3)(A) In addition to voter registration agencies des2 ignated under paragraph (2), each State shall designate

3 other offices within the State as voter registration agen4 cies.

5 (B) Voter registration agencies designated under sub6 paragraph (A) may include—

7 (i) State or local government offices such as

8 public libraries, offices of city and county clerks (in9 cluding marriage license bureaus), fishing and hunt10 ing license bureaus, government revenue offices, and

11 offices not described in paragraph (2)(B) that pro12 vide services to persons with disabilities; and

13 (ii) Federal and nongovernmental offices, with

14 the agreement of such offices.

15 (4)(A) At each voter registration agency, the follow16 ing services shall be made available:

17 (i) Distribution of mail voter registration appli18 cation forms in accordance with paragraph (6).

19 (ii) Assistance to applicants in completing voter

20 registration application forms.

21 (iii) Acceptance of completed voter registration

22 application forms for transmittal to the appropriate

23 State election official.

24 (B) If a voter registration agency designated under

25 paragraph (2)(B) provides services to a person with a dis-
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1 ability at the person’s home, the agency shall provide the

2 services described in subparagraph (A) at the person’s

3 home.

4 (5) A person who provides service described in para5 graph (4) shall not—

6 (A) seek to influence an applicant’s political

7 preference or party registration;

8 (B) display any such political preference or

9 party allegiance; or

10 (C) make any statement to an applicant or take

11 any action the purpose or effect of which is to dis12 courage the applicant from registering to vote.

13 (6) A voter registration agency that is an office that

14 provides service or assistance in addition to conducting

15 voter registration shall—

16 (A) distribute with each application for such

17 service or assistance, and with each recertification,

18 renewal, or change of address form relating to such

19 service or assistance—

20 (i) the mail voter registration application

21 form described in section 9(a)(2); or

22 (ii) the office’s own form if it is substan23 tially equivalent to the form described in section

24 9(a)(2), unless the applicant, in writing, de25 clines to register to vote;
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1 (B) to the greatest extent practicable, incor2 porate in application forms and other forms used at

3 those offices for purposes other than voter registra4 tion a means by which a person who completes the

5 form may decline, in writing, to register to vote in

6 elections for Federal office; and

7 (C) provide to each applicant who does not de8 cline to register to vote the same degree of assist9 ance with regard to the completion of the registra10 tion application form as is provided by the office

11 with regard to the completion of its own forms.

12 (7) No information relating to a declination to reg13 ister to vote in connection with an application made at

14 an office described in paragraph (6) may be used for any

15 purpose other than voter registration.

16 (b) FEDERAL GOVERNMENT AND PRIVATE SECTOR

17 COOPERATION.—All departments, agencies, and other en18 tities of the executive branch of the Federal Government

19 shall, to the greatest extent practicable, cooperate with the

20 States in carrying out subsection (a), and all nongovern21 mental entities are encouraged to do so.

22 (c) TRANSMITTAL DEADLINE.—(1) subject to para23 graph (2), a completed registration application accepted

24 at a voter registration agency shall be transmitted to the
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1 appropriate State election official not later than 10 days

2 after the date of acceptance.

3 (2) If a registration application is accepted within 5

4 days before the last day for registration to vote in an elec5 tion, the application shall be transmitted to the appro6 priate State election official not later than 5 days after

7 the date of acceptance.

8 SEC. 8. REQUIREMENTS WITH RESPECT TO ADMINISTRA9 TION OF VOTER REGISTRATION.

10 (a) IN GENERAL.—In the administration of voter

11 registration for elections for Federal office, each State

12 shall—

13 (1) ensure that any eligible applicant is reg14 istered to vote in an election—

15 (A) in the case of registration with a motor

16 vehicle application under section 5, if the valid

17 voter registration form of the applicant is sub18 mitted to the appropriate State motor vehicle

19 authority not later than the lesser of 30 days,

20 or the period provided by State law, before the

21 date of the election;

22 (B) in the case of registration by mail

23 under section 6, if the valid voter registration

24 form of the applicant is postmarked not later

25 than the lesser of 30 days, or the period pro-
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1 vided by State law, before the date of the elec2 tion;

3 (C) in the case of registration at a voter

4 registration agency, if the valid voter registra5 tion form of the applicant is accepted at the

6 voter registration agency not later than the

7 lesser of 30 days, or the period provided by

8 State law, before the date of the election; and

9 (D) in any other case, if the valid voter

10 registration form of the applicant is received by

11 the appropriate State election official not later

12 than the lesser of 30 days, or the period pro13 vided by State law, before the date of the elec14 tion;

15 (2) require the appropriate State election offi16 cial to send notice to each applicant of the disposi17 tion of the application;

18 (3) provide that the name of a registrant may

19 not be removed from the official list of eligible voters

20 except—

21 (A) at the request of the registrant;

22 (B) as provided by State law, by reason of

23 criminal conviction or mental incapacity; or

24 (C) as provided under paragraph (4);
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1 (4) conduct a general program that makes a

2 reasonable effort to remove the names of ineligible

3 voters from the official lists of eligible voters by rea4 son of—

5 (A) the death of the registrant; or

6 (B) a change in the residence of the reg7 istrant, in accordance with subsections (b), (c),

8 and (d);

9 (5) inform applicants under sections 5, 6, and

10 7 of—

11 (A) voter eligibility requirements; and

12 (B) penalties provided by law for submis13 sion of a false voter registration application;

14 and

15 (6) ensure that the identity of the voter reg16 istration agency through which any particular voter

17 is registered is not disclosed to the public.

18 (b) CONFIRMATION OF VOTER REGISTRATION.—Any

19 State program or activity to protect the integrity of the

20 electoral process by ensuring the maintenance of an accu21 rate and current voter registration roll for elections for

22 Federal office—

23 (1) shall be uniform, nondiscriminatory, and in

24 compliance with the Voting Rights Act of 1965 (42

25 U.S.C. 1973 et seq.); and
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1 (2) shall not result in the removal of the name

2 of any person from the official list of voters reg3 istered to vote in an election for Federal office by

4 reason of the person’s failure to vote.

5 (c) VOTER REMOVAL PROGRAMS.—(1) A State may

6 meet the requirement of subsection (a)(4) by establishing

7 a program under which—

8 (A) change-of-address information supplied by

9 the Postal Service through its licensees is used to

10 identify registrants whose addresses may have

11 changed; and

12 (B) if it appears from information provided by

13 the Postal Service that—

14 (i) a registrant has moved to a different

15 residence address in the same registrar’s juris16 diction in which the registrant is currently reg17 istered, the registrar changes the registration

18 records to show the new address and sends the

19 registrant a notice of the change by forwardable

20 first class mail and a postage prepaid

21 preaddressed return form by which the reg22 istrant may verify or correct the address infor23 mation; or

24 (ii) the registrant has moved to a different

25 residence address not in the same registrar’s ju-
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1 risdiction, the registrar uses the notice proce2 dure described in subsection (d)(2) to confirm

3 the change of address.

4 (2)(A) A State shall complete, not later than 60 days

5 prior to the date of a primary or general election for Fed6 eral office, any program the purpose of which is to system7 atically remove the names of ineligible voters from the offi8 cial lists of eligible voters.

9 (B) Subparagraph (A) shall not be construed to pre10 clude—

11 (i) the removal of names from official lists of

12 voters on a basis described in paragraph (3) (A) or

13 (B) or (4)(A) of subsection (a); or

14 (ii) correction of registration records pursuant

15 to this Act.

16 (d) REMOVAL OF NAMES FROM VOTING ROLLS.—(1)

17 A State shall not remove the name of a registrant from

18 the official list of eligible voters in elections for Federal

19 office on the ground that the registrant has changed resi20 dence unless the registrant—

21 (A) confirms in writing that the registrant has

22 changed residence to a place outside the jurisdiction

23 in which the registrant is registered; or

24 (B)(i) has failed to respond to a notice de25 scribed in paragraph (2); and
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1 (ii) has not voted or appeared to vote (and, if

2 necessary, correct the registrar’s record of the reg3 istrant’s address) in an election during the period

4 beginning on the date of the notice and ending on

5 the day after the date of the second general election

6 for Federal office that occurs after the date of the

7 notice.

8 (2) A notice is described in this paragraph if it is

9 a postage prepaid and preaddressed return card, sent by

10 first class, forwardable mail, on which the registrant may

11 state his or her current address, together with a notice

12 to the following effect:

13 (A) If the registrant did not change his or her

14 residence, or changed residence but remained in the

15 registrar’s jurisdiction, the registrant should return

16 the card not later than the time provided for mail

17 registration under subsection (a)(1)(B). If the card

18 is not returned, affirmation or confirmation of the

19 registrant’s address may be required before the reg20 istrant is permitted to vote in a Federal election

21 during the period beginning on the date of the notice

22 and ending on the day after the date of the second

23 general election for Federal office that occurs after

24 the date of the notice, and if the registrant does not

25 vote in an election during that period the reg-
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1 istrant’s name will be removed from the list of eligi2 ble voters.

3 (B) If the registrant has changed residence to

4 a place outside the jurisdiction in which the reg5 istrant is registered, information concerning how the

6 registrant can continue to be eligible to vote.

7 (3) A voting registrar shall correct an official list of

8 eligible voters in elections for Federal office in accordance

9 with change of residence information obtained in conform10 ance with this subsection.

11 (e) PROCEDURE FOR VOTING FOLLOWING FAILURE

12 TO RETURN CARD.—(1) A registrant who has moved from

13 an address in the area covered by a polling place to an

14 address in the same area shall, notwithstanding failure to

15 notify the registrar of the change of address prior to the

16 date of an election, be permitted to vote at the polling

17 place upon oral or written affirmation by the registrant

18 of the change of address before an election official at that

19 polling place.

20 (2) A registrant who has moved from an address in

21 the area covered by one polling place to an address in an

22 area covered by a second polling place within the jurisdic23 tion of the same registrar and who has failed to notify

24 the registrar of the change of address prior to the date
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1 of an election shall be permitted to vote, at the option of

2 the registrant—

3 (A) at the second polling place, with confirma4 tion of the new address by such means as are re5 quired by law; or

6 (B) upon oral or written affirmation by the reg7 istrant of the new address before an election offi8 cial—

9 (i) at the registrant’s former polling place

10 if that polling place is in the same congressional

11 district as the second polling place; or

12 (ii) at any other location where a list of eli13 gible voters is maintained and voting is con14 ducted.

15 (3) If the registration records indicate that a reg16 istrant has moved from an address in the area covered

17 by a polling place, the registrant shall, upon oral or writ18 ten affirmation by the registrant before an election official

19 at that polling place that the registrant continues to reside

20 at the address previously made known to the registrar, be

21 permitted to vote at that polling place.

22 (f) CHANGE OF VOTING ADDRESS WITHIN A JURIS23 DICTION.—In the case of a change of address, for voting

24 purposes, of a registrant to another address within the ju25 risdiction of the same voting registrar, the registrar shall
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1 correct the voting registration list accordingly, and the

2 registrant’s name may not be removed from the official

3 list of eligible voters by reason of such a change of address

4 except as provided in subsection (d).

5 (g) CONVICTION IN FEDERAL COURT.—(1) On the

6 conviction of a person of a felony in a district court of

7 the United States, the United States attorney shall give

8 written notice of the conviction to the chief State election

9 official designated under section 10 of the State of the

10 person’s residence.

11 (2) A notice given pursuant to paragraph (1) shall

12 include—

13 (A) the name of the offender;

14 (B) the offender’s age and residence address;

15 (C) the date of entry of the judgment;

16 (D) a description of the offenses of which the

17 offender was convicted; and

18 (E) the sentence imposed by the court.

19 (3) On request of the chief State election official of

20 a State or other State official with responsibility for deter21 mining the effect that a conviction may have on an offend22 er’s qualification to vote, the United States attorney shall

23 provide such additional information as the United States

24 attorney may have concerning the offender and the offense

25 of which the offender was convicted.
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1 (4) If a conviction of which notice was given pursuant

2 to paragraph (1) is overturned, the United States attorney

3 shall give the official to whom the notice was given written

4 notice of the vacation of the judgment.

5 (5) The chief State election official shall notify the

6 voter registration officials of the local jurisdiction in which

7 an offender resides of the information received under this

8 subsection.

9 (h) REDUCED POSTAL RATES.—(1) Subchapter II of

10 chapter 36 of title 39, United States Code, is amended

11 by adding at the end the following:

12 ‘‘SEC. 3629. REDUCED RATES FOR VOTER REGISTRATION

13 PURPOSES.

14 ‘‘The Postal Service shall make available to a State

15 or local voting registration official the rate for any class

16 of mail that is available to a qualified nonprofit organiza17 tion under section 3626 for the purpose of making a mail18 ing (including a return mailing to the official using a pre19 paid envelope supplied by the official) that the official cer20 tifies is required or authorized by the Universal Voter

21 Registration Act of 1992.’’

22 (2) Section 2401(c) of title 39, United States Code,

23 is amended by striking ‘‘and 3626(a)–(h)’’ and inserting

24 ‘‘3626(a)–(h), and 3629’’.
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1 (3) Section 3627 of title 39, United States Code, is

2 amended by striking ‘‘or 3626 of this title,’’ and inserting

3 ‘‘, 3626, or 3629 of this title’’.

4 (4) The table of sections for chapter 36 of title 39,

5 United States Code, is amended by inserting after the

6 item relating to section 3628 the following new item:

‘‘3629. Reduced rates for voter registration purposes.’’

7 (i) PUBLIC DISCLOSURE OF VOTER REGISTRATION

8 ACTIVITIES.—(1) Each State shall maintain for at least

9 2 years and shall make promptly available for public in10 spection and, where available, photocopying at a reason11 able cost, all records concerning the implementation of

12 programs and activities conducted for the purpose of en13 suring the accuracy and currency of official lists of eligible

14 voters, except to the extent that such records relate to a

15 declination to register to vote or to the identify of a voter

16 registration agency through which any particular voter is

17 registered.

18 (2) The records maintained pursuant to paragraph

19 (1) shall include lists of the names and addresses of all

20 persons to whom notices described in subsection (d)(2) are

21 sent, and information concerning whether or not each per22 son has responded to the notice as of the date that inspec23 tion of the records is made.

24 (j) AFFIRMATION AND CONFIRMATION.—(1) For the

25 purposes of this Act, ‘‘affirmation’’ shall mean a sworn
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1 statement under oath. Each State shall provide a brief,

2 preprinted form for this purpose, which requires only the

3 signature of the voter. Persons who cannot write will be

4 permitted to provide an oral affirmation.

5 (2) For the purposes of this section, the State shall

6 accept the following means of providing a voter’s address

7 confirmation—

8 (A) a driver’s license;

9 (B) a bill, notice, or letter from any govern10 mental unit, agency, or public utility; or

11 (C) lease, deed, or rent receipt,

12 as sufficient confirmation. The State may also designate

13 additional methods of providing such confirmation of a

14 voter’s address.

15 (3) For the purposes of subsections (c), (d), and (e)

16 of this section, affirmation and confirmation may be ac17 complished by mail for persons voting by absentee ballot.

18 SEC. 9. FEDERAL COORDINATION AND REGULATIONS.

19 (a) IN GENERAL.—The Federal Election Commis20 sion—

21 (1) in consultation with the chief election offi22 cers of the States, the heads of the departments,

23 agencies, and other entities of the executive branch

24 of the Federal Government, and representatives of
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1 nongovernmental entities, shall prescribe such regu2 lations as are necessary to carry out this Act;

3 (2) in consultation with the chief election offi4 cers of the States, shall develop a mail voter reg5 istration application form for elections for Federal

6 office;

7 (3) not later than June 30 of each odd-num8 bered year, shall submit to the Congress a report as9 sessing the impact of this Act on the administration

10 of elections for Federal office during the preceding

11 2-year period and including recommendations for

12 improvements in Federal and State procedures,

13 forms, and other matters affected by this Act; and

14 (4) shall provide information to the States with

15 respect to the responsibilities of the States under

16 this Act.

17 (b) CONTENTS OF MAIL VOTER REGISTRATION

18 FORM.—The mail voter registration form developed under

19 subsection (a)(2)—

20 (1) may require only such identifying informa21 tion (including the signature of the applicant) and

22 other information (including data relating to pre23 vious registration by the applicant), as is necessary

24 to enable the appropriate State election official to

25 assess the eligibility of the applicant and to admin-
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1 ister voter registration and other parts of the elec2 tion process;

3 (2) shall include a statement that—

4 (A) specifies each eligibility requirement

5 (including citizenship);

6 (B) contains an attestation that the appli7 cant meets each such requirement; and

8 (C) requires the signature of the applicant,

9 under penalty of perjury; and

10 (3) may not include any requirement for notari11 zation or other formal authentication.

12 SEC. 10. DESIGNATION OF CHIEF STATE ELECTION OFFI13 CIAL.

14 Each State shall designate a State officer or employee

15 as the chief State election official to be responsible for co16 ordination of State responsibilities under this Act.

17 SEC. 11. CIVIL ENFORCEMENT AND PRIVATE RIGHT OF AC18 TION.

19 (a) ATTORNEY GENERAL.—The Attorney General

20 may bring a civil action in an appropriate district court

21 for such declaratory or injunctive relief as is necessary to

22 carry out this Act.

23 (b) PRIVATE RIGHT OF ACTION.—(1) A person who

24 is aggrieved by a violation of this Act may provide written
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1 notice of the violation to the chief election official of the

2 State involved.

3 (2) If the violation is not corrected within 90 days

4 after receipt of a notice under paragraph (1), or within

5 20 days after receipt of the notice if the violation occurred

6 within 120 days before the date of an election for Federal

7 office, the aggrieved person may bring a civil action in an

8 appropriate district court for declaratory or injunctive re9 lief with respect to the violation.

10 (3) If the violation occurred within 30 days before

11 the date of an election for Federal office, the aggrieved

12 person need not provide notice to the chief election official

13 of the State under paragraph (1) before bringing a civil

14 action under paragraph (2).

15 (c) ATTORNEY’S FEES.—In a civil action under this

16 section, the court may allow the prevailing part (other

17 than the United States) reasonable attorney fees, includ18 ing litigation expenses, and costs.

19 (d) RELATION TO OTHER LAWS.—(1) The rights and

20 remedies established by this section are in addition to all

21 other rights and remedies provided by law, and neither

22 the rights and remedies established by this section nor any

23 other provision of this Act shall supersede, restrict, or

24 limit the application of the Voting Rights Act of 1965 (42

25 U.S.C. 1973 et seq.).
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1 (2) Nothing in this Act authorizes or requires con2 duct that is prohibited by the Voting Rights Act of 1965

3 (42 U.S.C. 1973 et seq.).

4 SEC. 12. CRIMINAL PENALTIES.

5 A person, including an election official, who in any

6 election for Federal office knowingly and willfully intimi7 dates, threatens, or coerces, or attempts to intimidate,

8 threaten, or coerce, any person for—

9 (1) registering to vote, or voting, or attempting

10 to register or vote;

11 (2) urging or aiding any person to register to

12 vote, to vote, or to attempt to register or vote; or

13 (3) exercising any right under this Act;

14 shall be fined in accordance with title 18, United States

15 Code, or imprisoned not more than 5 years, or both.

16 SEC. 13. EFFECTIVE DATE.

17 This Act shall take effect—

18 (1) with respect to a State that on the date of

19 enactment of this Act has a provision in the con20 stitution of the State that would preclude compliance

21 with this Act unless the State maintained separate

22 Federal and State official lists of eligible voters, on

23 January 1, 1996; and

24 (2) with respect to any State not described in

25 paragraph (1), on January 1, 1995.
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