II 

109TH CONGRESS 

1ST SESSION S. 17 

To amend the Help America Vote Act of 2002 to protect voting rights 

and to improve the administration of Federal elections, and for other 

purposes. 

IN THE SENATE OF THE UNITED STATES 

JANUARY 24, 2005 

Mr. DODD (for himself, Ms. MIKULSKI, Ms. STABENOW, Mr. ROCKEFELLER, 

and Mr. SCHUMER) 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 protect 

voting rights and to improve the administration of 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; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Voting Opportunity and Technology Enhancement 

6 Rights Act of 2005’’. 

7 (b) TABLE OF CONTENTS.—The table of contents of 

8 this Act is as follows: 

Sec. 1. Short title; table of contents.
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Sec. 2. Findings and purposes. 

Sec. 3. National Federal write-in absentee ballot. 

Sec. 4. Voter verified ballots. 

Sec. 5. Requirements for counting provisional ballots. 

Sec. 6. Minimum required voting systems and poll workers in polling places.

Sec. 7. Election day registration.

Sec. 8. Integrity of voter registration list. 

Sec. 9. Early voting.

Sec. 10. Acceleration of study on election day as a public holiday.

Sec. 11. Improvements to voting systems.

Sec. 12. Voter registration.

Sec. 13. Establishing voter identification.

Sec. 14. Impartial administration of elections.

Sec. 15. Strengthening the election assistance commission. 

Sec. 16. Authorization of appropriations. 

Sec. 17. Effective date.

1 SEC. 2. FINDINGS AND PURPOSES. 

2 (a) FINDINGS.—Congress makes the following find3 ings: 

4 (1) The right of all eligible citizens to vote and 

5 have their vote counted is the cornerstone of a demo6 cratic form of government and the core precondition 

7 of government of the people, by the people, and for 

8 the people. 

9 (2) The right of citizens of the United States 

10 to vote is a fundamental civil right guaranteed under 

11 the United States Constitution. 

12 (3) Congress has an obligation to reaffirm the 

13 right of each American to have an equal opportunity 

14 to vote and have that vote counted in Federal elec15 tions, regardless of color, ethnicity, disability, lan16 guage, or the resources of the community in which 

17 they live. 
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1 (4) Congress has an obligation to ensure the 

2 uniform and nondiscriminatory exercise of that right 

3 by removing barriers in the form of election adminis4 tration procedures and technology and insufficient 

5 and unequal resources of State and local govern6 ments. 

7 (b) PURPOSES.—The purposes of this Act are as fol8 lows: 

9 (1) To secure the opportunity to participate in 

10 democracy for all eligible American citizens by estab11 lishing a national Federal write-in absentee ballot 

12 for Federal elections. 

13 (2) To expand and establish uniform and non14 discriminatory requirements and standards to re15 move administrative procedural barriers and techno16 logical obstacles to casting a vote and having that 

17 vote counted in Federal elections. 

18 (3) To expand and establish uniform and non19 discriminatory requirements and standards to pro20 vide for the accessibility, accuracy, verifiability, pri21 vacy, and security of all voting systems and tech22 nology used in Federal elections. 

23 (4) To provide a Federal funding mechanism 

24 for the States to implement the requirements and 

25 standards to preserve and protect voting rights and 
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1 the integrity of Federal elections in the United 

2 States. 

3 SEC. 3. NATIONAL FEDERAL WRITE-IN ABSENTEE BALLOT. 

4 (a) IN GENERAL.— 

5 (1) IN GENERAL.—Title III of the Help Amer6 ica Vote Act of 2002 (42 U.S.C. 15481 et seq.) is 

7 amended by adding at the end the following new 

8 subtitle: 

9 ‘‘Subtitle C—Additional 

10 Requirements 

11 ‘‘SEC. 321. USE OF NATIONAL FEDERAL WRITE-IN ABSEN12 TEE BALLOT. 

13 ‘‘(a) IN GENERAL.—Any person who is otherwise 

14 qualified to vote in a Federal election in a State shall be 

15 permitted to use the national Federal write-in absentee 

16 ballot prescribed by the Election Assistance Commission 

17 under section 298 to cast a vote in an election for Federal 

18 office. 

19 ‘‘(b) SUBMISSION AND PROCESSING.— 

20 ‘‘(1) IN GENERAL.—Except as otherwise pro21 vided in this section, a national Federal write-in ab22 sentee ballot shall be submitted and processed in the 

23 manner provided by law for absentee ballots in the 

24 State involved. 
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1 ‘‘(2) DEADLINE.—An otherwise eligible national 

2 Federal write-in absentee ballot shall be counted if 

3 postmarked or signed before the close of the polls on 

4 election day and received by the appropriate State 

5 election official on or before the date which is 10 

6 days after the date of the election or the date pro7 vided for receipt of absentee ballots under State law, 

8 whichever is later. 

9 ‘‘(c) SPECIAL RULES.—The following rules shall 

10 apply with respect to national Federal write-in absentee 

11 ballots: 

12 ‘‘(1) In completing the ballot, the voter may 

13 designate a candidate by writing in the name of the 

14 candidate or by writing in the name of a political 

15 party (in which case the ballot shall be counted for 

16 the candidate of that political party). 

17 ‘‘(2) In the case of the offices of President and 

18 Vice President, a vote for a named candidate or a 

19 vote by writing in the name of a political party shall 

20 be counted as a vote for the electors supporting the 

21 candidate involved. 

22 ‘‘(3) Any abbreviation, misspelling, or other 

23 minor variation in the form of the name of a can24 didate or a political party shall be disregarded in de25 termining the validity of the ballot. 
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1 ‘‘(d) EFFECTIVE DATE.—Each State shall be re2 quired to comply with the requirements of this section on 

3 and after January 1, 2007.’’. 

4 (2) CONFORMING AMENDMENT.—Section 401 

5 of the Help America Vote Act of 2002 (42 U.S.C. 

6 15511) is amended by striking ‘‘and 303’’ and in7 serting ‘‘303, and subtitle C’’. 

8 (b) NATIONAL FEDERAL WRITE-IN ABSENTEE BAL9 LOT.— 

10 (1) IN GENERAL.—Title II of the Help America 

11 Vote Act of 2002 (42 U.S.C. 15321 et seq.) is 

12 amended by adding at the end the following new 

13 subtitle: 

14 ‘‘Subtitle E—Guidance and 

15 Standards 

16 ‘‘SEC. 297. NATIONAL FEDERAL WRITE-IN ABSENTEE BAL17 LOT. 

18 ‘‘(a) FORM OF BALLOT.—The Commission shall pre19 scribe a national Federal write-in absentee ballot (includ20 ing a secrecy envelope and mailing envelope for such bal21 lot) for use in elections for Federal office. 

22 ‘‘(b) STANDARDS.—The Commission shall prescribe 

23 standards for— 
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1 ‘‘(1) distributing the national Federal write-in 

2 absentee ballot, including standards for distributing 

3 such ballot through the Internet; and 

4 ‘‘(2) processing and submission of the national 

5 Federal write-in absentee ballot.’’. 

6 (2) CONFORMING AMENDMENT.—Section 202 

7 of the Help America Vote Act of 2002 (42 U.S.C. 

8 15322) is amended by redesignating paragraphs (5) 

9 and (6) as paragraphs (6) and (7), respectively, and 

10 by inserting after paragraph (4) the following new 

11 paragraph: 

12 ‘‘(5) carrying out the duties described in sub13 title E.’’. 

14 (c) COORDINATION WITH UNIFORMED AND OVER15 SEAS CITIZENS ABSENTEE VOTING ACT.— 

16 (1) IN GENERAL.—The Presidential designee 

17 under the Uniformed and Overseas Absentee Voting 

18 Act, in consultation with the Election Assistance 

19 Commission, shall facilitate the use and return of 

20 the national Federal write-in ballot for absent uni21 formed services voters and overseas voters. 

22 (2) DEFINITIONS.—The terms ‘‘absent uni23 formed service voter’’ and ‘‘overseas voter’’ shall 

24 have the meanings given such terms by section 107 
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1 of the Uniformed and Overseas Citizens Absentee 

2 Voting Act (42 U.S.C. 1973gg–6). 

3 SEC. 4. VOTER VERIFIED BALLOTS. 

4 (a) VERIFICATION.— 

5 (1) IN GENERAL.—Section 301(a) of the Help 

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

7 amended by adding at the end the following new 

8 paragraph: 

9 ‘‘(7) VOTER VERIFIED BALLOTS.—In order to 

10 meet the requirements of paragraph (1)(A)(i), on 

11 and after January 1, 2009: 

12 ‘‘(A) The voting system shall provide an 

13 independent means of voter verification which 

14 meets the requirements of subparagraph (B) 

15 and which allows each voter to verify the ballot 

16 before it is cast and counted. 

17 ‘‘(B) A means of voter verification meets 

18 the requirements of this subparagraph if the 

19 voting system allows the voter to choose from 

20 one of the following options to verify the voter’s 

21 vote selection: 

22 ‘‘(i) A paper record. 

23 ‘‘(ii) An audio record. 

24 ‘‘(iii) A pictorial record. 
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1 ‘‘(iv) An electronic record or other 

2 means that provides for voter verification 

3 that is accessible for individuals with dis4 abilities, including nonvisual accessibility 

5 for the blind and visually impaired, in a 

6 manner that provides privacy and inde7 pendence equal to that provided for other 

8 voters. 

9 ‘‘(C) Any means of verification described 

10 in clause (ii), (iii), or (iv) of subparagraph (B) 

11 must provide verification which is equal or su12 perior to verification through the use of a paper 

13 record. 

14 ‘‘(D) The requirements of this paragraph 

15 shall not apply to any voting system purchased 

16 before January 1, 2009, in order to meet the 

17 requirements of paragraph (3)(B).’’. 

18 (2) CONFORMING AMENDMENT.—Clause (i) of 

19 section 301(a)(1)(A) of the Help America Vote Act 

20 of 2002 (42 U.S.C. 15481(a)(1)(A)(i)) is amended 

21 by inserting ‘‘and consistent with the requirements 

22 of paragraphs (2), (4), and (7)’’ after ‘‘independent 

23 manner’’. 
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1 (b) GUIDANCE.—Subtitle E of title II of the Help 

2 America Vote Act of 2002, as added by this Act, is amend3 ed by adding at the end the following new section: 

4 ‘‘SEC. 298. VOTER VERIFIED BALLOTS. 

5 ‘‘The Commission shall issue uniform and non6 discriminatory standards— 

7 ‘‘(1) for voter verified ballots required under 

8 section 301(a)(7); and 

9 ‘‘(2) for meeting the audit requirements of sec10 tion 301(a)(2).’’. 

11 (c) REPORTS.— 

12 (1) ELECTION ASSISTANCE COMMISSION.—Sec13 tion 207 of the Help America Vote Act of 2002 (42 

14 U.S.C. 15327) is amended by redesignating para15 graph (5) as paragraph (6) and by inserting after 

16 paragraph (4) the following new paragraph: 

17 ‘‘(5) A description of the progress on imple18 menting the voter verified ballot requirements of sec19 tion 301(a)(7) and the impact of the use of such re20 quirements on the accessibility, privacy, security, 

21 usability, and auditability of voting systems.’’. 

22 (2) STATE REPORTS.—Section 258 of the Help 

23 America Vote Act of 2002 (42 U.S.C. 15408) is 

24 amended by striking ‘‘and’’ at the end of paragraph 

25 (2), by striking the period at the end of paragraph 
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1 (3) and inserting ‘‘; and’’, and by adding at the end 

2 the following new paragraph: 

3 ‘‘(4) an analysis and description in the form 

4 and manner prescribed by the Commission of the 

5 progress on implementing the voter verified ballot 

6 requirements of section 301(a)(7).’’. 

7 SEC. 5. REQUIREMENTS FOR COUNTING PROVISIONAL BAL8 LOTS. 

9 (a) IN GENERAL.—Section 302 of the Help America 

10 Vote Act of 2002 (42 U.S.C. 15482) is amended by redes11 ignating subsection (d) as subsection (e) and by inserting 

12 after subsection (c) the following new subsection: 

13 ‘‘(d) STATEWIDE COUNTING OF PROVISIONAL BAL14 LOTS.—For purposes of subsection (a)(4), notwith15 standing at which polling place a provisional ballot is cast 

16 within the State, the State shall count such ballot if the 

17 individual who cast such ballot is otherwise eligible to 

18 vote.’’. 

19 (b) EFFECTIVE DATE.— 

20 (1) IN GENERAL.—Subsection (e) of section 

21 302 of the Help America Vote Act of 2002 (42 

22 U.S.C. 15482(e)), as redesignated under subsection 

23 (a), is amended by adding at the end the following: 

24 ‘‘(2) EFFECTIVE DATE FOR STATEWIDE COUNT25 ING OF PROVISIONAL BALLOTS.—Each State shall be 
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1 required to comply with the requirements of sub2 section (d) on and after January 1, 2007.’’. 

3 (2) CONFORMING AMENDMENT.—Subsection (e) 

4 of section 302 of the Help America Vote Act of 

5 2002 (42 U.S.C. 15482(e)), as redesignated under 

6 subsection (a), is amended by striking ‘‘Each’’ and 

7 inserting the following: 

8 ‘‘(1) IN GENERAL.—Except as provided in para9 graph (2), each’’. 

10 SEC. 6. MINIMUM REQUIRED VOTING SYSTEMS AND POLL 

11 WORKERS IN POLLING PLACES. 

12 (a) IN GENERAL.—Subtitle C of title III of the Help 

13 America Vote Act of 2002, as added by this Act, is amend14 ed by adding at the end the following new section: 

15 ‘‘SEC. 322. MINIMUM REQUIRED VOTING SYSTEMS AND 

16 POLL WORKERS. 

17 ‘‘(a) IN GENERAL.—Each State shall provide for the 

18 minimum required number of voting systems and poll 

19 workers for each polling place on the day of any Federal 

20 election and on any days during which such State allows 

21 early voting for a Federal election in accordance with the 

22 standards determined under section 299A. 

23 ‘‘(b) EFFECTIVE DATE.—Each State shall be re24 quired to comply with the requirements of this section on 

25 and after January 1, 2007.’’. 
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1 (b) STANDARDS.—Subtitle E of the Help America 

2 Vote Act of 2002, as added and amended by this Act, is 

3 amended by adding at the end the following new section: 

4 ‘‘SEC. 299. STANDARDS FOR ESTABLISHING THE MINIMUM 

5 REQUIRED VOTING SYSTEMS AND POLL 

6 WORKERS. 

7 ‘‘(a) IN GENERAL.—The Commission shall issue 

8 standards regarding the minimum number of voting sys9 tems and poll workers required in each polling place on 

10 the day of any Federal election and on any days during 

11 which early voting is allowed for a Federal election. 

12 ‘‘(b) DISTRIBUTION.—The standards described in 

13 subsection (a) shall provide for a uniform and nondiscrim14 inatory geographic distribution of such systems and work15 ers. 

16 ‘‘(c) DEVIATION.—The standards described in sub17 section (a) shall permit States, upon providing adequate 

18 public notice, to deviate from any allocation requirements 

19 in the case of unforseen circumstances such as a natural 

20 disaster, terrorist attack, or a change in voter turnout.’’. 

21 SEC. 7. ELECTION DAY REGISTRATION. 

22 (a) REQUIREMENT.—Subtitle C of title III of the 

23 Help America Vote Act of 2002, as added and amended 

24 by this Act, is amended by adding at the end the following 

25 new section: 
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1 ‘‘SEC. 323. ELECTION DAY REGISTRATION. 

2 ‘‘(a) IN GENERAL.— 

3 ‘‘(1) REGISTRATION.—Notwithstanding section 

4 8(a)(1)(D) of the National Voter Registration Act of 

5 1993 (42 U.S.C. 1973gg–6), each State shall permit 

6 any individual on the day of a Federal election— 

7 ‘‘(A) to register to vote in such election at 

8 the polling place using the form established by 

9 the Election Assistance Commission pursuant 

10 to section 297; and 

11 ‘‘(B) to cast a vote in such election. 

12 ‘‘(2) EXCEPTION.—The requirements under 

13 paragraph (1) shall not apply to a State in which, 

14 under a State law in effect continuously on and after 

15 the date of the enactment of this Act, there is no 

16 voter registration requirement for individuals in the 

17 State with respect to elections for Federal office. 

18 ‘‘(b) EFFECTIVE DATE.—Each State shall be re19 quired to comply with the requirements of subsection (a) 

20 on and after January 1, 2007.’’. 

21 (b) ELECTION DAY REGISTRATION FORM.—Subtitle 

22 E of title II of the Help America Vote Act of 2002, as 

23 added and amended by this Act, is amended by adding 

24 at the end the following new section: 
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1 ‘‘SEC. 299A. ELECTION DAY REGISTRATION FORM. 

2 ‘‘The Commission shall develop an election day reg3 istration form for elections for Federal office.’’. 

4 SEC. 8. INTEGRITY OF VOTER REGISTRATION LIST. 

5 Subtitle C of title III of the Help America Vote Act 

6 of 2002, as added and amended by this Act, is amended 

7 by adding at the end the following new section: 

8 ‘‘SEC. 324. REMOVAL FROM VOTER REGISTRATION LIST. 

9 ‘‘(a) PUBLIC NOTICE.—Not later than 45 days before 

10 any Federal election, each State shall provide public notice 

11 of all names which have been removed from the voter reg12 istration list of such State under section 303 since the 

13 later of the most recent election for Federal office or the 

14 day of the most recent previous public notice provided 

15 under this section. 

16 ‘‘(b) NOTICE TO INDIVIDUAL VOTERS.— 

17 ‘‘(1) IN GENERAL.—No individual shall be re18 moved from the voter registration list under section 

19 303 unless such individual is first provided with a 

20 notice which meets the requirements of paragraph 

21 (2). 

22 ‘‘(2) REQUIREMENTS OF NOTICE.—The notice 

23 required under paragraph (1) shall be— 

24 ‘‘(A) provided to each voter in a uniform 

25 and nondiscriminatory manner; 
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1 ‘‘(B) consistent with the requirements of 

2 the National Voter Registration Act of 1993 

3 (42 U.S.C. 1973gg et seq.); and 

4 ‘‘(C) in the form and manner prescribed by 

5 the Election Assistance Commission. 

6 ‘‘(c) EFFECTIVE DATE.—Each State shall be re7 quired to comply with the requirements of this section on 

8 and after January 1, 2007.’’. 

9 SEC. 9. EARLY VOTING. 

10 (a) IN GENERAL.—Subtitle C of title III of the Help 

11 America Vote Act of 2002, as added and amended by this 

12 Act, is amended by adding at the end the following new 

13 section: 

14 ‘‘SEC. 325. EARLY VOTING. 

15 ‘‘(a) IN GENERAL.—Each State shall allow individ16 uals to vote in an election for Federal office not less than 

17 15 days prior to the day scheduled for such election in 

18 the same manner as voting is allowed on such day. 

19 ‘‘(b) MINIMUM EARLY VOTING REQUIREMENTS.— 

20 Each polling place which allows voting prior to the day 

21 of a Federal election pursuant to subsection (a) shall— 

22 ‘‘(1) allow such voting for no less than 4 hours 

23 on each day (other than Sunday); and 

24 ‘‘(2) have uniform hours each day for which 

25 such voting occurs. 
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1 ‘‘(c) EFFECTIVE DATE.—Each State shall be re2 quired to comply with the requirements of this section on 

3 and after January 1, 2007.’’. 

4 (b) STANDARDS FOR EARLY VOTING.—Subtitle E of 

5 the Help America Vote Act of 2002, as added and amend6 ed by this Act, is amended by adding at the end the fol7 lowing new section: 

8 ‘‘SEC. 299B. STANDARDS FOR EARLY VOTING. 

9 ‘‘(a) IN GENERAL.—The Commission shall issue 

10 standards for the administration of voting prior to the day 

11 scheduled for a Federal election. Such standards shall in12 clude the nondiscriminatory geographic placement of poll13 ing places at which such voting occurs. 

14 ‘‘(b) DEVIATION.—The standards described in sub15 section (a) shall permit States, upon providing adequate 

16 public notice, to deviate from any requirement in the case 

17 of unforseen circumstances such as a natural disaster, ter18 rorist attack, or a change in voter turnout.’’. 

19 SEC. 10. ACCELERATION OF STUDY ON ELECTION DAY AS A 

20 PUBLIC HOLIDAY. 

21 (a) IN GENERAL.—Section 241 of the Help America 

22 Vote Act of 2002 (42 U.S.C. 15381) is amended by adding 

23 at the end the following new subsection: 

24 ‘‘(d) REPORT ON ELECTION DAY.— 
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1 ‘‘(1) IN GENERAL.—The report required under 

2 subsection (a) with respect to election administration 

3 issues described in subsection (b)(10) shall be sub4 mitted not later than 6 months after the date of the 

5 enactment of the Voting Enhancement and Tech6 nology Accuracy Rights Act of 2005. 

7 ‘‘(2) AUTHORIZATION OF APPROPRIATIONS.—Of 

8 the amount authorized to be appropriated under sec9 tion 210 for fiscal year 2006, $100,000 shall be au10 thorized solely to carry out the purposes of this sub11 section.’’. 

12 (b) EFFECTIVE DATE.—The amendment made by 

13 this section shall take effect on the date of the enactment 

14 of this Act. 

15 SEC. 11. IMPROVEMENTS TO VOTING SYSTEMS. 

16 (a) IN GENERAL.—Subparagraph (B) of section 

17 301(a)(1) of the Help America Vote Act of 2002 (42 

18 U.S.C. 15481(a)(1)(B)) is amended by striking ‘‘, a punch 

19 card voting system, or a central count voting system’’. 

20 (b) CLARIFICATION OF REQUIREMENTS FOR PUNCH

21 CARD SYSTEMS.—Subparagraph (A) of section 301(a)(1) 

22 of the Help America Vote Act of 2002 (42 U.S.C. 

23 15481(a)(1)(A)) is amended by inserting ‘‘punch card vot24 ing system,’’ after ‘‘any’’. 
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1 SEC. 12. VOTER REGISTRATION. 

2 (a) IN GENERAL.—Paragraph (4) of section 303(b) 

3 of the Help America Vote Act of 2002 (42 U.S.C. 

4 15483(b)(4)) is amended by adding at the end the fol5 lowing new subparagraph: 

6 ‘‘(C) EXCEPTION.—On and after January 

7 1, 2007— 

8 ‘‘(i) in lieu of the questions and state9 ments required under subparagraph (A), 

10 such mail voter registration form shall in11 clude an affidavit to be signed by the reg12 istrant attesting both to citizenship and 

13 age; and 

14 ‘‘(ii) subparagraph (B) shall not 

15 apply.’’. 

16 (b) INTERNET REGISTRATION.—Subtitle C of title 

17 III of the Help America Vote Act of 2002, as added and 

18 amended by this Act, is amended by adding at the end 

19 the following new section: 

20 ‘‘SEC. 326. INTERNET REGISTRATION. 

21 ‘‘(a) INTERNET REGISTRATION.—Each State shall 

22 establish a program under which individuals may access 

23 and submit voter registration forms electronically through 

24 the Internet. 
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1 ‘‘(b) EFFECTIVE DATE.—Each State shall be re2 quired to comply with the requirements of this section on 

3 and after January 1, 2009.’’. 

4 (c) STANDARDS FOR INTERNET REGISTRATION.— 

5 Subtitle E of the Help America Vote Act of 2002, as 

6 added and amended by this Act, is amended by adding 

7 at the end the following new section: 

8 ‘‘SEC. 299C. STANDARDS FOR INTERNET REGISTRATION 

9 PROGRAMS. 

10 ‘‘The Commission shall establish standards regarding 

11 the design and operation of programs which allow elec12 tronic voter registration through the Internet.’’. 

13 SEC. 13. ESTABLISHING VOTER IDENTIFICATION. 

14 (a) IN GENERAL.— 

15 (1) IN PERSON VOTING.—Clause (i) of section 

16 303(b)(2)(A) of the Help America Vote Act of 2002 

17 (42 U.S.C. 15483(b)(2)(A)(i)) is amended by strik18 ing ‘‘or’’ at the end of subclause (I) and by adding 

19 at the end the following new subclause: 

20 ‘‘(III) executes a written affidavit 

21 attesting to such individual’s identity; 

22 or’’. 

23 (2) VOTING BY MAIL.—Clause (ii) of section 

24 303(b)(2)(A) of the Help America Vote Act of 2002 

25 (42 U.S.C. 15483(b)(2)(A)(ii)) is amended by strik-
21 

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1 ing ‘‘or’’ at the end of subclause (I), by striking the 

2 period at the end of subclause (II) and inserting ‘‘; 

3 or’’, and by adding at the end the following new sub4 clause: 

5 ‘‘(III) a written affidavit, exe6 cuted by such individual, attesting to 

7 such individual’s identity.’’. 

8 (b) STANDARDS FOR VERIFYING VOTER INFORMA9 TION.—Subtitle E of the Help America Vote Act of 2002, 

10 as added and amended by this Act, is amended by adding 

11 at the end the following new section: 

12 ‘‘SEC. 299D. VOTER IDENTIFICATION. 

13 ‘‘The Commission shall develop standards for 

14 verifying the identification information required under sec15 tion 303(a)(5) in connection with the registration of an 

16 individual to vote in a Federal election.’’. 

17 SEC. 14. IMPARTIAL ADMINISTRATION OF ELECTIONS. 

18 Subtitle C of title III of the Help America Vote Act 

19 of 2002, as added and amended by this Act, is amended 

20 by adding at the end the following new section: 

21 ‘‘SEC. 327. ELECTION ADMINISTRATION REQUIREMENTS. 

22 ‘‘(a) NOTICE OF CHANGES IN STATE ELECTION

23 LAWS.—Not later than 15 days prior to any Federal elec24 tion, each State shall issue a public notice describing all 
22 

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1 changes in State law affecting the administration of Fed2 eral elections since the most recent prior election. 

3 ‘‘(b) OBSERVERS.— 

4 ‘‘(1) IN GENERAL.—Each State shall allow uni5 form and nondiscriminatory access to any polling 

6 place for purposes of observing a Federal election 

7 to— 

8 ‘‘(A) party challengers; 

9 ‘‘(B) voting rights and civil rights organi10 zations; and 

11 ‘‘(C) nonpartisan domestic observers and 

12 international observers. 

13 ‘‘(2) NOTICE OF DENIAL OF OBSERVATION RE14 QUEST.—Each State shall issue a public notice with 

15 respect to any denial of a request by any observer 

16 described in paragraph (1) for access to any polling 

17 place for purposes of observing a Federal election. 

18 Such notice shall be issued not later than 24 hours 

19 after such denial. 

20 ‘‘(c) EFFECTIVE DATE.—Each State shall be re21 quired to comply with the requirements of this section on 

22 and after January 1, 2007.’’. 
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1 SEC. 15. STRENGTHENING THE ELECTION ASSISTANCE 

2 COMMISSION. 

3 (a) BUDGET REQUESTS.—Part 1 of subtitle A of title 

4 II of the Help America Vote Act of 2002 (42 U.S.C. 

5 15321 et seq.) is amended by inserting after section 209 

6 the following new section: 

7 ‘‘SEC. 209A. SUBMISSION OF BUDGET REQUESTS. 

8 ‘‘Whenever the Commission submits any budget esti9 mate or request to the President or the Office of Manage10 ment and Budget, it shall concurrently transmit a copy 

11 of such estimate or request to the Congress and to the 

12 Committee on House Administration of the House of Rep13 resentatives and the Committee on Rules and Administra14 tion of the Senate.’’. 

15 (b) EXEMPTION FROM PAPERWORK REDUCTION

16 ACT.—Paragraph (1) of section 3502 of title 44, United 

17 States Code, is amended by redesignating subparagraphs 

18 (B), (C), and (D) as subparagraphs (C), (D), and (E), 

19 respectively, and by inserting after subparagraph (A) the 

20 following new subparagraph: 

21 ‘‘(B) the Election Assistance Commis22 sion;’’. 

23 (c) RULEMAKING.—Section 209 of the Help America 

24 Vote Act of 2002 (42 U.S.C. 15239) is amended— 

25 (1) by striking ‘‘The Commission’’ and insert26 ing the following: 
24 

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

2 (b), the Commission’’, and 

3 (2) by inserting at the end the following new 

4 subsection: 

5 ‘‘(b) EXCEPTION.—On and after January 1, 2007, 

6 subsection (a) shall not apply to any authority granted 

7 under subtitle E of this title or subtitle C of title III.’’. 

8 (d) NIST AUTHORITY.—Subtitle E of title II of the 

9 Help America Vote Act of 2002, as added and amended 

10 by this Act, is amended by adding at the end the following 

11 new section: 

12 ‘‘SEC. 299E. TECHNICAL SUPPORT. 

13 ‘‘At the request of the Commission, the Director of 

14 the National Institute of Standards and Technology shall 

15 provide the Commission with technical support necessary 

16 for the Commission to carry out its duties under this 

17 title.’’. 

18 (e) AUTHORIZATION OF APPROPRIATIONS.—Section 

19 210 of the Help America Vote Act of 2002 (42 U.S.C. 

20 15330) is amended by striking ‘‘for each of fiscal years 

21 2003 through 2005 such sums as may be necessary (but 

22 not to exceed $10,000,000 for each such year)’’ and in23 serting ‘‘$23,000,000 for fiscal year 2006 (of which 

24 $3,000,000 are authorized solely to carry out the purposes 
25 

•S 17 IS 

1 of section 299E) and such sums as may be necessary for 

2 succeeding fiscal years’’. 

3 SEC. 16. AUTHORIZATION OF APPROPRIATIONS. 

4 Subsection (a) of section 257 of the Help America 

5 Vote Act of 2002 (42 U.S.C. 15408(a)) is amended by 

6 adding at the end the following new paragraphs: 

7 ‘‘(4) For fiscal year 2006, $2,000,000,000. 

8 ‘‘(5) For each fiscal year after 2006, such sums 

9 as are necessary.’’. 

10 SEC. 17. EFFECTIVE DATE. 

11 (a) IN GENERAL.—Except as provided by section 10 

12 and subsection (b), the amendments made by this Act 

13 shall take effect on January 1, 2007. 

14 (b) EXCEPTIONS.—The amendments made by section 

15 4, section 11, section 12(b), and subsections (a) and (b) 

16 of section 15 shall take effect on January 1, 2009. 

Æ