II 

112TH CONGRESS 

1ST SESSION S. 168 

To amend the Help America Vote Act of 2002 to establish standards for 

the distribution of voter registration application forms and to require 

organizations to register with the State prior to the distribution of 

such forms. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 25 (legislative day, JANUARY 5), 2011 

Mr. VITTER (for himself, Mr. MCCAIN, and Mr. HATCH) introduced the following bill; which was read twice and referred to the Committee on Rules 

and Administration 

A BILL 

To amend the Help America Vote Act of 2002 to establish 

standards for the distribution of voter registration application forms and to require organizations to register 

with the State prior to the distribution of such forms. 

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 ‘‘Voter Fraud Preven5 tion Act’’. 


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•S 168 IS

1 SEC. 2. STANDARDS FOR DISTRIBUTION OF VOTER REG2 ISTRATION APPLICATION FORMS AND REG3 ISTRATION REQUIREMENTS FOR ORGANIZA4 TIONS. 

5 (a) IN GENERAL.—Subtitle A of title III of the Help 

6 America Vote Act of 2002 (42 U.S.C. 15481 et seq.) is 

7 amended by inserting after section 303 the following new 

8 section: 

9 ‘‘SEC. 303A. STANDARDS FOR DISTRIBUTION OF VOTER 

10 REGISTRATION APPLICATION FORMS AND 

11 REGISTRATION REQUIREMENTS FOR ORGA12 NIZATIONS. 

13 ‘‘(a) STANDARDS FOR DISTRIBUTION OF VOTER

14 REGISTRATION APPLICATION FORMS.— 

15 ‘‘(1) STANDARDS DESCRIBED.— 

16 ‘‘(A) IN GENERAL.—An individual may not 

17 distribute a voter registration application form 

18 for elections for Federal office held in a State 

19 if the individual— 

20 ‘‘(i) has been convicted of a felony 

21 under any State or Federal law; 

22 ‘‘(ii) does not sign and print legibly 

23 their name on the form; 

24 ‘‘(iii) does not provide identifying in25 formation (including their name, address, 

26 and other appropriate contact information, 


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1 including the name and address of any or2 ganization which pays them directly or in3 directly to distribute such forms) to the 

4 election official to whom the form will be 

5 submitted upon completion by the appli6 cant; and 

7 ‘‘(iv) does not certify, under penalty 

8 of perjury, that— 

9 ‘‘(I) they have not received finan10 cial compensation based on the num11 ber of voter registration application 

12 forms submitted by the individual to 

13 an election official upon completion by 

14 the applicant; and 

15 ‘‘(II) the information provided by 

16 the individual under this subpara17 graph is accurate to the best of the 

18 individual’s knowledge. 

19 ‘‘(B) EXCEPTION FOR UNPAID DISTRIBU20 TIONS.—Subparagraph (A) does not apply with 

21 respect to the distribution of a voter registra22 tion application form by an individual who is 

23 not compensated directly or indirectly for the 

24 distribution of the form. 

25 ‘‘(2) PENALTIES.— 


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1 ‘‘(A) DISTRIBUTION OF FORMS BY INDI2 VIDUALS NOT MEETING STANDARDS.—Any indi3 vidual who distributes a voter registration appli4 cation form for elections for Federal office in a 

5 State in violation of paragraph (1) shall be 

6 guilty of a misdemeanor and fined in accord7 ance with title 18, United States Code. 

8 ‘‘(B) EMPLOYMENT OF INELIGIBLE INDI9 VIDUAL TO DISTRIBUTE FORMS.—Any person 

10 who employs an individual to distribute voter 

11 registration application forms for elections for 

12 Federal office in a State and who knows, or 

13 should reasonably be expected to know, that the 

14 individual does not meet the standards de15 scribed in paragraph (1) shall be guilty of a 

16 misdemeanor and fined in accordance with title 

17 18, United States Code. 

18 ‘‘(3) EFFECTIVE DATE.—This subsection shall 

19 apply with respect to voter registration application 

20 forms distributed on or after the date that is 180 

21 days after the date of enactment of this section. 

22 ‘‘(b) REGISTRATION REQUIREMENTS FOR ORGANIZA23 TIONS.— 

24 ‘‘(1) IN GENERAL.—An organization may not 

25 provide for the distribution of voter registration apVerDate Mar 15 2010 00:07 Feb 01, 2011 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S168.IS S168

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1 plication forms (including any payment of an indi2 vidual directly or indirectly to distribute such forms) 

3 for elections for Federal office held in a State if the 

4 organization has not registered with the State (in 

5 accordance with procedures established by the 

6 State). 

7 ‘‘(2) PENALTIES.—Any organization which pro8 vides for the distribution of voter registration appli9 cation forms for elections for Federal office in a 

10 State in violation of paragraph (1) shall be guilty of 

11 a misdemeanor and fined in accordance with title 

12 18, United States Code. 

13 ‘‘(3) EFFECTIVE DATE.—This subsection shall 

14 apply with respect to voter registration application 

15 forms distributed on or after the date that is 180 

16 days after the date of enactment of this section.’’. 

17 (b) CLERICAL AMENDMENT.—The table of contents 

18 of such Act is amended by inserting after the item relating 

19 to section 303 the following: 

‘‘Sec. 303A. Standards for distribution of voter registration application forms 

and registration requirements for organizations.’’. 

Æ 


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