II

103D CONGRESS

1ST SESSION H. R. 2

To establish national voter registration procedures for Federal elections, and

for other purposes.

IN THE SENATE OF THE UNITED STATES

FEBRUARY 17 (legislative day, JANUARY 5), 1993

Received; read twice and referred to the Committee on Rules and

Administration

MARCH 17, (legislative day, MARCH 3), 1993

Committee discharged

AN ACT

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 ‘‘National Voter Reg5 istration Act of 1993’’.

6 SEC. 2. FINDINGS AND PURPOSES.

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

8 (1) the right of citizens of the United States to

9 vote is a fundamental right;
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1 (2) it is the duty of the Federal, State, and

2 local governments to promote the exercise of that

3 right; and

4 (3) discriminatory and unfair registration laws

5 and procedures can have a direct and damaging ef6 fect on voter participation in elections for Federal

7 office and disproportionately harm voter participa8 tion by various groups, including racial minorities.

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

10 (1) to establish procedures that will increase

11 the number of eligible citizens who register to vote

12 in elections for Federal office;

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

14 local governments to implement this Act in a man15 ner that enhances the participation of eligible citi16 zens as voters in elections for Federal office;

17 (3) to protect the integrity of the electoral proc18 ess; and

19 (4) to ensure that accurate and current voter

20 registration rolls are maintained.

21 SEC. 3. DEFINITIONS.

22 As used in this Act—

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

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

25 Act of 1971 (2 U.S.C. 431(1));
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1 (2) the term ‘‘Federal office’’ has the meaning

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

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

4 (3) the term ‘‘motor vehicle driver’s license’’ in5 cludes any personal identification document issued

6 by a State motor vehicle authority;

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

8 United States and the District of Columbia; and

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

10 an office designated under section 7(a)(1) to per11 form voter registration activities.

12 SEC. 4. NATIONAL PROCEDURES FOR VOTER REGISTRA13 TION FOR ELECTIONS FOR FEDERAL OFFICE.

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

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

16 addition to any other method of voter registration pro17 vided for under State law, each State shall establish proce18 dures to register to vote in elections for Federal office—

19 (1) by application made simultaneously with an

20 application for a motor vehicle driver’s license pursu21 ant to section 5;

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

23 and

24 (3) by application in person—
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1 (A) at the appropriate registration site

2 designated with respect to the residence of the

3 applicant in accordance with State law; and

4 (B) at a Federal, State, or nongovern5 mental office designated under section 7.

6 (b) NONAPPLICABILITY TO CERTAIN STATES.—This

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

8 of the following paragraphs:

9 (1) A State in which there is no voter registra10 tion requirement for any voter in the State with re11 spect to an election for Federal office.

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

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

14 voting in a general election for Federal office.

15 SEC. 5. SIMULTANEOUS APPLICATION FOR VOTER REG16 ISTRATION AND APPLICATION FOR MOTOR

17 VEHICLE DRIVER’S LICENSE.

18 (a) IN GENERAL.—(1) Except as provided in sub19 section (b), each State motor vehicle driver’s license appli20 cation (including any renewal application) submitted to

21 the appropriate State motor vehicle authority under State

22 law shall serve as an application for voter registration with

23 respect to elections for Federal office.
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1 (2) An application for voter registration submitted

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

3 previous voter registration by the applicant.

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

5 for a State motor vehicle driver’s license may decline in

6 writing to be registered by means of the motor vehicle

7 driver’s license application.

8 (2) No information relating to a declination pursuant

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

10 voter registration.

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

12 include a voter registration application form for elections

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

14 motor vehicle driver’s license.

15 (2) The voter registration application portion of an

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

17 (A) may not require any information that dupli18 cates information required in the driver’s license

19 portion of the form (other than a second signature

20 or other information necessary under subparagraph

21 (C));

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

23 may decline to register to vote pursuant to sub24 section (b);
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1 (C) may require only the minimum amount of

2 information necessary to—

3 (i) prevent duplicate voter registrations;

4 and

5 (ii) enable State election officials to assess

6 the eligibility of the applicant and to administer

7 voter registration and other parts of the elec8 tion process;

9 (D) shall include a statement that—

10 (i) states each eligibility requirement (in11 cluding citizenship);

12 (ii) contains an attestation that the appli13 cant meets each such requirement; and

14 (iii) requires the signature of the applicant,

15 under penalty of perjury; and

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

17 the applicant, or in machine readable or other for18 mat) to the appropriate State election official as pro19 vided by State law.

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

21 form submitted in accordance with State law for purposes

22 of a State motor vehicle driver’s license shall serve as noti23 fication of change of address for voter registration with

24 respect to elections for Federal office for the registrant
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1 involved unless the registrant states on the form that the

2 change of address is not for voter registration purposes.

3 SEC. 6. MAIL REGISTRATION.

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

5 mail voter registration application form prescribed by the

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

7 for the registration of voters in elections for Federal office.

8 (2) In addition to accepting and using the form de9 scribed in paragraph (1), a State may develop and use

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

11 stated in section 9(b) for the registration of voters in elec12 tions for Federal office.

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

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

15 change of address.

16 (b) AVAILABILITY OF FORMS.—The chief State elec17 tion official of a State shall make the forms described in

18 subsection (a) available for distribution through govern19 mental and private entities, with particular emphasis on

20 making them available for organized voter registration

21 programs.

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

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

24 if—
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1 (A) the person was registered to vote in a juris2 diction by mail; and

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

4 jurisdiction.

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

6 person—

7 (A) who is entitled to vote by absentee ballot

8 under the Uniformed and Overseas Citizens Absen9 tee Voting Act (42 U.S.C. 1973ff–1 et seq.);

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

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

12 Voting Accessibility for the Elderly and Handi13 capped Act (42 U.S.C. 1973ee–1(b)(2)(B)(ii)); or

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

15 person under any other Federal law.

16 SEC. 7. VOTER REGISTRATION AGENCIES.

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

18 agencies for the registration of voters in elections for Fed19 eral office.

20 (2) Each State shall designate as voter registration

21 agencies—

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

23 assistance, unemployment compensation, or related

24 services; and
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1 (B) all offices in the State that provide State2 funded programs primarily engaged in providing

3 services to persons with disabilities.

4 (3)(A) In addition to voter registration agencies des5 ignated under paragraph (2), each State shall designate

6 other offices within the State as voter registration agen7 cies.

8 (B) Voter registration agencies designated under sub9 paragraph (A) may include—

10 (i) State or local government offices such as

11 public libraries, public schools, offices of city and

12 county clerks (including marriage license bureaus),

13 fishing and hunting license bureaus, government rev14 enue offices, and offices not described in paragraph

15 (2)(B) that provide services to persons with disabil16 ities; and

17 (ii) Federal and nongovernmental offices, with

18 the agreement of such offices.

19 (4)(A) At each voter registration agency, the follow20 ing services shall be made available:

21 (i) Distribution of mail voter registration appli22 cation forms in accordance with paragraph (6).

23 (ii) Assistance to applicants in completing voter

24 registration application forms.
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1 (iii) Acceptance of completed voter registration

2 application forms for transmittal to the appropriate

3 State election official.

4 (B) If a voter registration agency designated under

5 paragraph (2)(B) provides services to a person with a dis6 ability at the person’s home, the agency shall provide the

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

8 home.

9 (5) A person who provides service described in para10 graph (4) shall not—

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

12 preference or party registration;

13 (B) display any such political preference or

14 party allegiance; or

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

16 any action the purpose or effect of which is to dis17 courage the applicant from registering to vote.

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

19 provides service or assistance in addition to conducting

20 voter registration shall—

21 (A) distribute with each application for such

22 service or assistance, and with each recertification,

23 renewal, or change of address form relating to such

24 service or assistance—
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1 (i) the mail voter registration application

2 form described in section 9(a)(2), including a

3 statement that—

4 (I) specifies each eligibility require5 ment (including citizenship);

6 (II) contains an attestation that the

7 applicant meets each such requirement;

8 and

9 (III) requires the signature of the ap10 plicant, under penalty of perjury; or

11 (ii) the office’s own form if it is equivalent

12 to the form described in section 9(a)(2),

13 unless the applicant, in writing, declines to register

14 to vote;

15 (B) to the greatest extent practicable, incor16 porate in application forms and other forms used at

17 those offices for purposes other than voter registra18 tion a means by which a person who completes the

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

20 elections for Federal office; and

21 (C) provide to each applicant who does not de22 cline to register to vote the same degree of assist23 ance with regard to the completion of the registra24 tion application form as is provided by the office

25 with regard to the completion of its own forms.
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1 (7) No information relating to a declination to reg2 ister to vote in connection with an application made at

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

4 purpose other than voter registration.

5 (b) FEDERAL GOVERNMENT AND PRIVATE SECTOR

6 COOPERATION.—All departments, agencies, and other en7 tities of the executive branch of the Federal Government

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

9 States in carrying out subsection (a), and all nongovern10 mental entities are encouraged to do so.

11 (c) TRANSMITTAL DEADLINE.—(1) Subject to para12 graph (2), a completed registration application accepted

13 at a voter registration agency shall be transmitted to the

14 appropriate State election official not later than 10 days

15 after the date of acceptance.

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

17 days before the last day for registration to vote in an elec18 tion, the application shall be transmitted to the appro19 priate State election official not later than 5 days after

20 the date of acceptance.

21 SEC. 8. REQUIREMENTS WITH RESPECT TO ADMINISTRA22 TION OF VOTER REGISTRATION.

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

24 registration for elections for Federal office, each State

25 shall—
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1 (1) ensure that any eligible applicant is reg2 istered to vote in an election—

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

4 vehicle application under section 5, if the valid

5 voter registration form of the applicant is sub6 mitted to the appropriate State motor vehicle

7 authority not later than the lesser of 30 days,

8 or the period provided by State law, before the

9 date of the election;

10 (B) in the case of registration by mail

11 under section 6, if the valid voter registration

12 form of the applicant is postmarked not later

13 than the lesser of 30 days, or the period pro14 vided by State law, before the date of the elec15 tion;

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

17 registration agency, if the valid voter registra18 tion form of the applicant is accepted at the

19 voter registration agency not later than the

20 lesser of 30 days, or the period provided by

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

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

23 registration form of the applicant is received by

24 the appropriate State election official 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 (2) require the appropriate State election offi4 cial to send notice to each applicant of the disposi5 tion of the application;

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

7 not be removed from the official list of eligible voters

8 except—

9 (A) at the request of the registrant;

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

11 criminal conviction or mental incapacity; or

12 (C) as provided under paragraph (4);

13 (4) conduct a general program that makes a

14 reasonable effort to remove the names of ineligible

15 voters from the official lists of eligible voters by rea16 son of—

17 (A) the death of the registrant; or

18 (B) a change in the residence of the reg19 istrant, in accordance with subsections (b), (c),

20 and (d);

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

22 7 of—

23 (A) voter eligibility requirements; and
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1 (B) penalties provided by law for submis2 sion of a false voter registration application;

3 and

4 (6) ensure that the identity of the voter reg5 istration agency through which any particular voter

6 is registered is not disclosed to the public.

7 (b) CONFIRMATION OF VOTER REGISTRATION.—Any

8 State program or activity to protect the integrity of the

9 electoral process by ensuring the maintenance of an accu10 rate and current voter registration roll for elections for

11 Federal office—

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

13 compliance with the Voting Rights Act of 1965 (42

14 U.S.C. 1973 et seq.); and

15 (2) shall not result in the removal of the name

16 of any person from the official list of voters reg17 istered to vote in an election for Federal office by

18 reason of the person’s failure to vote.

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

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

21 a program under which—

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

23 the Postal Service through its licensees is used to

24 identify registrants whose addresses may have

25 changed; and
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1 (B) if it appears from information provided by

2 the Postal Service that—

3 (i) a registrant has moved to a different

4 residence address in the same registrar’s juris5 diction in which the registrant is currently reg6 istered, the registrar changes the registration

7 records to show the new address and sends the

8 registrant a notice of the change by forwardable

9 mail and a postage prepaid pre-addressed re10 turn form by which the registrant may verify or

11 correct the address information; or

12 (ii) the registrant has moved to a different

13 residence address not in the same registrar’s ju14 risdiction, the registrar uses the notice proce15 dure described in subsection (d)(2) to confirm

16 the change of address.

17 (2)(A) A State shall complete, not later than 90 days

18 prior to the date of a primary or general election for Fed19 eral office, any program the purpose of which is to system20 atically remove the names of ineligible voters from the offi21 cial lists of eligible voters.

22 (B) Subparagraph (A) shall not be construed to

23 preclude—
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1 (i) the removal of names from official lists of

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

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

4 (ii) correction of registration records pursuant

5 to this Act.

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

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

8 the official list of eligible voters in elections for Federal

9 office on the ground that the registrant has changed resi10 dence unless the registrant—

11 (A) confirms in writing that the registrant has

12 changed residence to a place outside the registrar’s

13 jurisdiction in which the registrant is registered; or

14 (B)(i) has failed to respond to a notice de15 scribed in paragraph (2); and

16 (ii) has not voted or appeared to vote (and, if

17 necessary, correct the registrar’s record of the reg18 istrant’s address) in an election during the period

19 beginning on the date of the notice and ending on

20 the day after the date of the second general election

21 for Federal office that occurs after the date of the

22 notice.

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

24 a postage prepaid and pre-addressed return card, sent by

25 forwardable mail, on which the registrant may state his
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1 or her current address, together with a notice to the fol2 lowing effect:

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

4 residence, or changed residence but remained in the

5 registrar’s jurisdiction, the registrant should return

6 the card not later than the time provided for mail

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

8 is not returned, affirmation or confirmation of the

9 registrant’s address may be required before the reg10 istrant is permitted to vote in a Federal election

11 during the period beginning on the date of the notice

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

13 general election for Federal office that occurs after

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

15 vote in an election during that period the reg16 istrant’s name will be removed from the list of eligi17 ble voters.

18 (B) If the registrant has changed residence to

19 a place outside the registrar’s jurisdiction in which

20 the registrant is registered, information concerning

21 how the registrant can continue to be eligible to

22 vote.

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

24 eligible voters in elections for Federal office in accordance
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1 with change of residence information obtained in conform2 ance with this subsection.

3 (e) PROCEDURE FOR VOTING FOLLOWING FAILURE

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

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

6 address in the same area shall, notwithstanding failure to

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

8 date of an election, be permitted to vote at that polling

9 place upon oral or written affirmation by the registrant

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

11 polling place.

12 (2)(A) A registrant who has moved from an address

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

14 an area covered by a second polling place within the same

15 registrar’s jurisdiction and the same congressional district

16 and who has failed to notify the registrar of the change

17 of address prior to the date of an election, at the option

18 of the registrant—

19 (i) shall be permitted to correct the voting

20 records and vote at the registrant’s former polling

21 place, upon oral or written affirmation by the reg22 istrant of the new address before an election official

23 at that polling place; or

24 (ii)(I) shall be permitted to correct the voting

25 records and vote at a central location within the
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1 same registrar’s jurisdiction designated by the reg2 istrar where a list of eligible voters is maintained,

3 upon written affirmation by the registrant of the

4 new address on a standard form provided by the

5 registrar at the central location; or

6 (II) shall be permitted to correct the voting

7 records for purposes of voting in future elections at

8 the appropriate polling place for the current address

9 and, if permitted by State law, shall be permitted to

10 vote in the present election, upon confirmation by

11 the registrant of the new address by such means as

12 are required by law.

13 (B) If State law permits the registrant to vote in the

14 current election upon oral or written affirmation by the

15 registrant of the new address at a polling place described

16 in subparagraph (A)(ii)(II), voting at the former polling

17 place as described in subparagraph (A)(i) and at a central

18 location as described in subparagraph (A)(ii)(I) need not

19 be provided as alternative options.

20 (3) If the registration records indicate that a reg21 istrant has moved from an address in the area covered

22 by a polling place, the registrant shall, upon oral or writ23 ten affirmation by the registrant before an election official

24 at that polling place that the registrant continues to reside
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1 at the address previously made known to the registrar, be

2 permitted to vote at that polling place.

3 (f) CHANGE OF VOTING ADDRESS WITHIN A JURIS4 DICTION.—In the case of a change of address, for voting

5 purposes, of a registrant to another address within the

6 same registrar’s jurisdiction, the registrar shall correct the

7 voting registration list accordingly, and the registrant’s

8 name may not be removed from the official list of eligible

9 voters by reason of such a change of address except as

10 provided in subsection (d).

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

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

13 the United States, the United States attorney shall give

14 written notice of the conviction to the chief State election

15 official designated under section 10 of the State of the

16 person’s residence.

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

18 include—

19 (A) the name of the offender;

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

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

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

23 offender was convicted; and

24 (E) the sentence imposed by the court.
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1 (3) On request of the chief State election official of

2 a State or other State official with responsibility for deter3 mining the effect that a conviction may have on an offend4 er’s qualification to vote, the United States attorney shall

5 provide such additional information as the United States

6 attorney may have concerning the offender and the offense

7 of which the offender was convicted.

8 (4) If a conviction of which notice was given pursuant

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

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

11 notice of the vacation of the judgment.

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

13 voter registration officials of the local jurisdiction in which

14 an offender resides of the information received under this

15 subsection.

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

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

18 by adding at the end the following:

19 ‘‘§ 3629. Reduced rates for voter registration pur20 poses

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

22 or local voting registration official the rate for any class

23 of mail that is available to a qualified nonprofit organiza24 tion under section 3626 for the purpose of making a mail-
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1 ing that the official certifies is required or authorized by

2 the National Voter Registration Act of 1993.’’.

3 (2) The first sentence of section 2401(c) of title 39,

4 United States Code, is amended by striking out ‘‘and

5 3626(a)–(h) and (j)–(k) of this title,’’ and inserting in lieu

6 thereof ‘‘3626(a)–(h), 3626(j)–(k), and 3629 of this title’’.

7 (3) Section 3627 of title 39, United States Code, is

8 amended by striking out ‘‘or 3626 of this title,’’ and in9 serting in lieu thereof ‘‘3626, or 3629 of this title’’.

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

11 United States Code, is amended by inserting after the

12 item relating to section 3628 the following new item:

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

13 (i) PUBLIC DISCLOSURE OF VOTER REGISTRATION

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

15 2 years and shall make available for public inspection and,

16 where available, photocopying at a reasonable cost, all

17 records concerning the implementation of programs and

18 activities conducted for the purpose of ensuring the accu19 racy and currency of official lists of eligible voters, except

20 to the extent that such records relate to a declination to

21 register to vote or to the identity of a voter registration

22 agency through which any particular voter is registered.

23 (2) The records maintained pursuant to paragraph

24 (1) shall include lists of the names and addresses of all
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1 persons to whom notices described in subsection (d)(2) are

2 sent, and information concerning whether or not each such

3 person has responded to the notice as of the date that

4 inspection of the records is made.

5 (j) DEFINITION.—For the purposes of this section,

6 the term ‘‘registrar’s jurisdiction’’ means—

7 (1) an incorporated city, town, borough, or

8 other form of municipality;

9 (2) if voter registration is maintained by a

10 county, parish, or other unit of government that gov11 erns a larger geographic area than a municipality,

12 the geographic area governed by that unit of govern13 ment; or

14 (3) if voter registration is maintained on a con15 solidated basis for more than one municipality or

16 other unit of government by an office that performs

17 all of the functions of a voting registrar, the geo18 graphic area of the consolidated municipalities or

19 other geographic units.

20 SEC. 9. FEDERAL COORDINATION AND REGULATIONS.

21 (a) IN GENERAL.—The Federal Election Commis22 sion—

23 (1) in consultation with the chief election offi24 cers of the States, the heads of the departments,

25 agencies, and other entities of the executive branch
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1 of the Federal Government, and representatives of

2 nongovernmental entities, shall prescribe such regu3 lations as are necessary to carry out this Act;

4 (2) in consultation with the chief election offi5 cers of the States, shall develop a mail voter reg6 istration application form for elections for Federal

7 office;

8 (3) not later than June 30 of each odd-num9 bered year, shall submit to the Congress a report as10 sessing the impact of this Act on the administration

11 of elections for Federal office during the preceding

12 2-year period and including recommendations for

13 improvements in Federal and State procedures,

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

15 (4) shall provide information to the States with

16 respect to the responsibilities of the States under

17 this Act.

18 (b) CONTENTS OF MAIL VOTER REGISTRATION

19 FORM.—The mail voter registration form developed under

20 subsection (a)(2)—

21 (1) may require only such identifying informa22 tion (including the signature of the applicant) and

23 other information (including data relating to pre24 vious registration by the applicant), as is necessary

25 to enable the appropriate State election official to
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1 assess the eligibility of the applicant and to admin2 ister voter registration and other parts of the elec3 tion process;

4 (2) shall include a statement that—

5 (A) specifies each eligibility requirement

6 (including citizenship);

7 (B) contains an attestation that the appli8 cant meets each such requirement; and

9 (C) requires the signature of the applicant,

10 under penalty of perjury; and

11 (3) may not include any requirement for notari12 zation or other formal authentication.

13 SEC. 10. DESIGNATION OF CHIEF STATE ELECTION OFFI14 CIAL.

15 Each State shall designate a State officer or employee

16 as the chief State election official to be responsible for co17 ordination of State responsibilities under this Act.

18 SEC. 11. CIVIL ENFORCEMENT AND PRIVATE RIGHT OF AC19 TION.

20 (a) ATTORNEY GENERAL.—The Attorney General

21 may bring a civil action in an appropriate district court

22 for such declaratory or injunctive relief as is necessary to

23 carry out this Act.

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

25 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 party (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—

7 (1) knowingly and willfully intimidates, threat8 ens, or coerces, or attempts to intimidate, threaten,

9 or coerce, any person for—

10 (A) registering to vote, or voting, or at11 tempting to register or vote;

12 (B) urging or aiding any person to register

13 to vote, to vote, or to attempt to register or

14 vote; or

15 (C) exercising any right under this Act; or

16 (2) knowingly and willfully deprives, defrauds,

17 or attempts to deprive or defraud the residents of a

18 State of a fair and impartially conducted election

19 process, by—

20 (A) the procurement or submission of voter

21 registration applications that are known by the

22 person to be materially false, fictitious, or

23 fraudulent under the laws of the State in which

24 the election is held; or
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1 (B) the procurement, casting, or tabulation

2 of ballots that are known by the person to be

3 materially false, fictitious, or fraudulent under

4 the laws of the State in which the election is

5 held,

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

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

8 SEC. 13. EFFECTIVE DATE.

9 This Act shall take effect—

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

11 enactment of this Act has a provision in the con12 stitution of the State that would preclude compliance

13 with this Act unless the State maintained separate

14 Federal and State official lists of eligible voters,

15 on January 1, 1996; and

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

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

Passed the House of Representatives February 4,

1993.

Attest: DONNALD K. ANDERSON,

Clerk.

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