103D CONGRESS

1ST SESSION H. R. 2

AMENDMENT
In the Senate of the United States,

March 17 (legislative day, March 3), 1993.

Resolved, That the bill from the House of Representatives (H.R. 2) entitled ‘‘An Act to establish national voter

registration procedures for Federal elections, and for other

purposes’’, do pass with the following

AMENDMENT:

Strike out all after the enacting clause and insert:

1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘National Voter Registra3 tion Act of 1993’’.
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1 SEC. 2. FINDINGS AND PURPOSES.

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

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

4 vote is a fundamental right;

5 (2) it is the duty of the Federal, State, and local

6 governments to promote the exercise of that right; and

7 (3) discriminatory and unfair registration laws

8 and procedures can have a direct and damaging effect

9 on voter participation in elections for Federal office

10 and disproportionately harm voter participation by

11 various groups, including racial minorities.

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

13 (1) to establish procedures that will increase the

14 number of eligible citizens who register to vote in elec15 tions for Federal office;

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

17 local governments to implement this Act in a manner

18 that enhances the participation of eligible citizens as

19 voters in elections for Federal office;

20 (3) to protect the integrity of the electoral proc21 ess; and

22 (4) to ensure that accurate and current voter reg23 istration rolls are maintained.

24 SEC. 3. DEFINITIONS.

25 As used in this Act—
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1 (1) the term ‘‘election’’ has the meaning stated in

2 section 301(1) of the Federal Election Campaign Act

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

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

5 stated in section 301(3) of the Federal Election Cam6 paign Act of 1971 (2 U.S.C. 431(3));

7 (3) the term ‘‘motor vehicle driver’s license’’ in8 cludes any personal identification document issued by

9 a State motor vehicle authority;

10 (4) the term ‘‘State’’ means a State of the United

11 States and the District of Columbia; and

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

13 an office designated under section 7(a)(1) to perform

14 voter registration activities.

15 SEC. 4. NATIONAL PROCEDURES FOR VOTER REGISTRA16 TION FOR ELECTIONS FOR FEDERAL OFFICE.

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

18 (b), notwithstanding any other Federal or State law, in ad19 dition to any other method of voter registration provided

20 for under State law, each State shall establish procedures

21 to register to vote in elections for Federal office—

22 (1) by application made simultaneously with an

23 application for a motor vehicle driver’s license pursu24 ant to section 5;
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1 (2) by mail application pursuant to section 6;

2 and

3 (3) by application in person—

4 (A) at the appropriate registration site des5 ignated with respect to the residence of the appli6 cant in accordance with State law; and

7 (B) at a Federal, State, or nongovernmental

8 office designated under section 7.

9 (b) NONAPPLICABILITY TO CERTAIN STATES.—This

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

11 of the following paragraphs:

12 (1) A State in which, under law that is in effect

13 continuously on and after March 11, 1993, there is no

14 voter registration requirement for any voter in the

15 State with respect to an election for Federal office.

16 (2) A State in which, under law that is in effect

17 continuously on and after March 11, 1993, or that

18 was enacted on or prior to March 11, 1993, and by

19 its terms is to come into effect upon the enactment of

20 this Act, so long as that law remains in effect, all vot21 ers in the State may register to vote at the polling

22 place at the time of voting in a general election for

23 Federal office in a year in which an election for the

24 office of President is held.’’.
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1 SEC. 5. SIMULTANEOUS APPLICATION FOR VOTER REG2 ISTRATION AND APPLICATION FOR MOTOR

3 VEHICLE DRIVER’S LICENSE.

4 (a) IN GENERAL.—(1) Each State motor vehicle driv5 er’s license application (including any renewal applica6 tion) submitted to the appropriate State motor vehicle au7 thority under State law shall serve as an application for

8 voter registration with respect to elections for Federal office

9 unless the applicant fails to sign the voter registration ap10 plication.

11 (2) An application for voter registration submitted

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

13 previous voter registration by the applicant.

14 (b) LIMITATION ON USE OF INFORMATION.—No infor15 mation relating to the failure of an applicant for a State

16 motor vehicle driver’s license to sign a voter registration

17 application may be used for any purpose other than voter

18 registration.

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

20 include a voter registration application form for elections

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

22 motor vehicle driver’s license.

23 (2) The voter registration application portion of an

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

25 (A) may not require any information that dupli26 cates information required in the driver’s license por-
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1 tion of the form (other than a second signature or

2 other information necessary under subparagraph (C));

3 (B) may require only the minimum amount of

4 information necessary to—

5 (i) prevent duplicate voter registrations;

6 and

7 (ii) enable State election officials to assess

8 the eligibility of the applicant and to administer

9 voter registration and other parts of the election

10 process;

11 (C) shall include a statement that—

12 (i) states each eligibility requirement (in13 cluding citizenship);

14 (ii) contains an attestation that the appli15 cant meets each such requirement; and

16 (iii) requires the signature of the applicant,

17 under penalty of perjury;

18 (D) shall include, in print that is identical to

19 that used in the attestation portion of the applica20 tion—

21 (i) the information required in section

22 8(a)(5) (A) and (B);

23 (ii) a statement that, if an applicant de24 clines to register to vote, the fact that the appli25 cant has declined to register will remain con-
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1 fidential and will be used only for voter registra2 tion purposes; and

3 (iii) a statement that if an applicant does

4 register to vote, the office at which the applicant

5 submits a voter registration application will re6 main confidential and will be used only for voter

7 registration purposes; and

8 (E) shall be made available (as submitted by the

9 applicant, or in machine readable or other format) to

10 the appropriate State election official as provided by

11 State law.

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

13 form submitted in accordance with State law for purposes

14 of a State motor vehicle driver’s license shall serve as notifi15 cation of change of address for voter registration with re16 spect to elections for Federal office for the registrant in17 volved unless the registrant states on the form that the

18 change of address is not for voter registration purposes.

19 (e) TRANSMITTAL DEADLINE.—(1) Subject to para20 graph (2), a completed voter registration portion of an ap21 plication for a State motor vehicle driver’s license accepted

22 at a State motor vehicle authority shall be transmitted to

23 the appropriate State election official not later than 10

24 days after the date of acceptance.
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1 (2) If a registration application is accepted within 5

2 days before the last day for registration to vote in an elec3 tion, the application shall be transmitted to the appropriate

4 State election official not later than 5 days after the date

5 of acceptance.

6 SEC. 6. MAIL REGISTRATION.

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

8 mail voter registration application form prescribed by the

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

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

11 (2) In addition to accepting and using the form de12 scribed in paragraph (1), a State may develop and use a

13 mail voter registration form that meets all of the criteria

14 stated in section 9(b) for the registration of voters in elec15 tions for Federal office.

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

17 accepted and used for notification of a registrant’s change

18 of address.

19 (b) AVAILABILITY OF FORMS.—The chief State election

20 official of a State shall make the forms described in sub21 section (a) available for distribution through governmental

22 and private entities, with particular emphasis on making

23 them available for organized voter registration programs.
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1 (c) FIRST-TIME VOTERS.—(1) Subject to paragraph

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

3 if—

4 (A) the person was registered to vote in a juris5 diction by mail; and

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

7 jurisdiction.

8 (2) Paragraph (1) does not apply in the case of a per9 son—

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

11 under the Uniformed and Overseas Citizens Absentee

12 Voting Act (42 U.S.C. 1973ff–1 et seq.);

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

14 than in person under section 3(b)(2)(B)(ii) of the Vot15 ing Accessibility for the Elderly and Handicapped

16 Act (42 U.S.C. 1973ee–1(b)(2)(B)(ii)); or

17 (C) who is entitled to vote otherwise than in per18 son under any other Federal law.

19 (d) UNDELIVERED NOTICES.—If a notice described in

20 section 8(a)(2) is sent by nonforwardable mail and is re21 turned undelivered, the name of the applicant may be re22 moved from the official list of eligible voters in accordance

23 with section 8(d).
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1 SEC. 7. VOTER REGISTRATION AGENCIES.

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

3 agencies for the registration of voters in elections for Federal

4 office.

5 (2) Each State may designate as voter registration

6 agencies—

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

8 assistance, unemployment compensation, or related

9 services; and

10 (B) all offices in the State that provide State11 funded programs primarily engaged in providing

12 services to persons with disabilities.

13 (3)(A) In addition to voter registration agencies des14 ignated under paragraph (2), each State shall designate

15 other offices within the State as voter registration agencies.

16 (B) Voter registration agencies designated under sub17 paragraph (A) may include—

18 (i) State or local government offices such as pub19 lic libraries, public schools, offices of city and county

20 clerks (including marriage license bureaus), fishing

21 and hunting license bureaus, government revenue of22 fices, and offices not described in paragraph (2)(B)

23 that provide services to persons with disabilities; and

24 (ii) Federal and nongovernmental offices, with

25 the agreement of such offices.
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1 (4)(A) At each voter registration agency, the following

2 services shall be made available:

3 (i) Distribution of mail voter registration appli4 cation forms in accordance with paragraph (6).

5 (ii) Assistance to applicants in completing voter

6 registration application forms, unless the applicant

7 refuses such assistance.

8 (iii) Acceptance of completed voter registration

9 application forms for transmittal to the appropriate

10 State election official.

11 (B) If a voter registration agency designated under

12 paragraph (2)(B) provides services to a person with a dis13 ability at the person’s home, the agency shall provide the

14 services described in subparagraph (A) at the person’s home.

15 (5) A person who provides service described in para16 graph (4) shall not—

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

18 preference or party registration;

19 (B) display any such political preference or

20 party allegiance; or

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

22 any action the purpose or effect of which is to dis23 courage the applicant from registering to vote.
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1 (6) A voter registration agency that is an office that

2 provides service or assistance in addition to conducting

3 voter registration shall—

4 (A) distribute with each application for such

5 service or assistance, and with each recertification, re6 newal, or change of address form relating to such

7 service or assistance—

8 (i) the mail voter registration application

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

10 statement that—

11 (I) specifies each eligibility require12 ment (including citizenship);

13 (II) contains an attestation that the

14 applicant meets each such requirement; and

15 (III) requires the signature of the ap16 plicant, under penalty of perjury; or

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

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

19 unless the applicant, in writing, declines to register

20 to vote;

21 (B) to the greatest extent practicable, incorporate

22 in application forms and other forms used at those of23 fices for purposes other than voter registration a

24 means by which a person who completes the form may
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1 decline, in writing, to register to vote in elections for

2 Federal office; and

3 (C) provide to each applicant who does not de4 cline to register to vote the same degree of assistance

5 with regard to the completion of the registration ap6 plication form as is provided by the office with regard

7 to the completion of its own forms, unless the appli8 cant refuses such assistance.

9 (7) No information relating to a declination to register

10 to vote in connection with an application made at an office

11 described in paragraph (6) may be used for any purpose

12 other than voter registration.

13 (b) FEDERAL GOVERNMENT AND PRIVATE SECTOR CO14 OPERATION.—All departments, agencies, and other entities

15 of the executive branch of the Federal Government shall, to

16 the greatest extent practicable, cooperate with the States in

17 carrying out subsection (a), and all nongovernmental enti18 ties are encouraged to do so.

19 (c) TRANSMITTAL DEADLINE.—(1) Subject to para20 graph (2), a completed registration application accepted at

21 a voter registration agency shall be transmitted to the ap22 propriate State election official not later than 10 days after

23 the date of acceptance.

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

25 days before the last day for registration to vote in an elec-
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1 tion, the application shall be transmitted to the appropriate

2 State election official not later than 5 days after the date

3 of acceptance.

4 (d) ARMED FORCES RECRUITMENT OFFICES.—(1)

5 Each State and the Secretary of Defense shall jointly de6 velop and implement procedures for persons to apply to reg7 ister to vote at recruitment offices of the Armed Forces of

8 the United States.

9 (2) A recruitment office of the Armed Forces of the

10 United States shall be considered to be a voter registration

11 agency designated under subsection (a)(2) for all purposes

12 of this Act.

13 SEC. 8. REQUIREMENTS WITH RESPECT TO ADMINISTRA14 TION OF VOTER REGISTRATION.

15 (a) IN GENERAL.—In the administration of voter reg16 istration for elections for Federal office, each State shall—

17 (1) ensure that any eligible applicant is reg18 istered to vote in an election—

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

20 vehicle application under section 5, if the valid

21 voter registration form of the applicant is sub22 mitted to the appropriate State motor vehicle au23 thority not later than the lesser of 30 days, or

24 the period provided by State law, before the date

25 of the election;
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1 (B) in the case of registration by mail

2 under section 6, if the valid voter registration

3 form of the applicant is postmarked not later

4 than the lesser of 30 days, or the period provided

5 by State law, before the date of the election;

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

7 registration agency, if the valid voter registra8 tion form of the applicant is accepted at the

9 voter registration agency not later than the lesser

10 of 30 days, or the period provided by State law,

11 before the date of the election; and

12 (D) in any other case, if the valid voter reg13 istration form of the applicant is received by the

14 appropriate State election official not later than

15 the lesser of 30 days, or the period provided by

16 State law, before the date of the election;

17 (2) require the appropriate State election official

18 to send notice to each applicant of the disposition of

19 the application;

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

21 not be removed from the official list of eligible voters

22 except—

23 (A) at the request of the registrant;

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

25 criminal conviction or mental incapacity; or
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1 (C) as provided under paragraph (4);

2 (4) conduct a general program that makes a rea3 sonable effort to remove the names of ineligible voters

4 from the official lists of eligible voters by reason 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 7

10 of—

11 (A) voter eligibility requirements; and

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

14 (6) ensure that the identity of the voter registra15 tion agency through which any particular voter is

16 registered is not disclosed to the public.

17 (b) CONFIRMATION OF VOTER REGISTRATION.—Any

18 State program or activity to protect the integrity of the elec19 toral process by ensuring the maintenance of an accurate

20 and current voter registration roll for elections for Federal

21 office—

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

23 compliance with the Voting Rights Act of 1965 (42

24 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 registered

3 to vote in an election for Federal office by reason of

4 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 a

7 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 res15 idence address in the same registrar’s jurisdic16 tion 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 mail and a postage prepaid pre-addressed return

21 form by which the registrant may verify or cor22 rect the address information; or

23 (ii) the registrant has moved to a different

24 residence address not in the same registrar’s ju25 risdiction, the registrar uses the notice procedure
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1 described in subsection (d)(2) to confirm the

2 change of address.

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

4 prior to the date of a primary or general election for Fed5 eral office, any program the purpose of which is to system6 atically remove the names of ineligible voters from the

7 official lists of eligible voters.

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

9 preclude—

10 (i) the removal of names from official lists of vot11 ers on a basis described in paragraph (3) (A) or (B)

12 or (4)(A) of subsection (a); or

13 (ii) correction of registration records pursuant to

14 this Act.

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

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

17 official list of eligible voters in elections for Federal office

18 on the ground that the registrant has changed residence un19 less the registrant—

20 (A) confirms in writing that the registrant has

21 changed residence to a place outside the registrar’s ju22 risdiction in which the registrant is registered; or

23 (B)(i) has failed to respond to a notice described

24 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 be4 ginning on the date of the notice and ending on the

5 day after the date of the second general election for

6 Federal office that occurs after the date of the notice.

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

8 postage prepaid and pre-addressed return card, sent by

9 forwardable mail, on which the registrant may state his or

10 her current address, together with a notice to the following

11 effect:

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

13 residence, or changed residence but remained in the

14 registrar’s jurisdiction, the registrant should return

15 the card not later than the time provided for mail

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

17 not returned, affirmation or confirmation of the reg18 istrant’s address may be required before the registrant

19 is permitted to vote in a Federal election during the

20 period beginning on the date of the notice and ending

21 on the day after the date of the second general election

22 for Federal office that occurs after the date of the no23 tice, and if the registrant does not vote in an election

24 during that period the registrant’s name will be re25 moved from the list of eligible voters.
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1 (B) If the registrant has changed residence to a

2 place outside the registrar’s jurisdiction in which the

3 registrant is registered, information concerning how

4 the registrant can continue to be eligible to vote.

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

6 eligible voters in elections for Federal office in accordance

7 with change of residence information obtained in conform8 ance with this subsection.

9 (e) PROCEDURE FOR VOTING FOLLOWING FAILURE TO

10 RETURN CARD.—(1) A registrant who has moved from an

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

12 in the same area shall, notwithstanding failure to notify

13 the registrar of the change of address prior to the date of

14 an election, be permitted to vote at that polling place upon

15 oral or written affirmation by the registrant of the change

16 of address before an election official at that polling place.

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

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

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

20 registrar’s jurisdiction and the same congressional district

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

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

23 the registrant—

24 (i) shall be permitted to correct the voting

25 records and vote at the registrant’s former polling
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1 place, upon oral or written affirmation by the reg2 istrant of the new address before an election official

3 at that polling place; or

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

5 records and vote at a central location within the same

6 registrar’s jurisdiction designated by the registrar

7 where a list of eligible voters is maintained, upon

8 written affirmation by the registrant of the new ad9 dress on a standard form provided by the registrar at

10 the central location; or

11 (II) shall be permitted to correct the voting

12 records for purposes of voting in future elections at

13 the appropriate polling place for the current address

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

15 vote in the present election, upon confirmation by the

16 registrant of the new address by such means as are

17 required by law.

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

19 current election upon oral or written affirmation by the reg20 istrant of the new address at a polling place described in

21 subparagraph (A)(ii)(II), voting at the former polling place

22 as described in subparagraph (A)(i) and at a central loca23 tion as described in subparagraph (A)(ii)(I) need not be

24 provided as alternative options.
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1 (3) If the registration records indicate that a reg2 istrant has moved from an address in the area covered by

3 a polling place, the registrant shall, upon oral or written

4 affirmation by the registrant before an election official at

5 that polling place that the registrant continues to reside at

6 the address previously made known to the registrar, be per7 mitted to vote at that polling place.

8 (f) CHANGE OF VOTING ADDRESS WITHIN A JURISDIC9 TION.—In the case of a change of address, for voting pur10 poses, of a registrant to another address within the same

11 registrar’s jurisdiction, the registrar shall correct the voting

12 registration list accordingly, and the registrant’s name may

13 not be removed from the official list of eligible voters by

14 reason of such a change of address except as provided in

15 subsection (d).

16 (g) CONVICTION IN FEDERAL COURT.—(1) On the con17 viction of a person of a felony in a district court of the

18 United States, the United States attorney shall give written

19 notice of the conviction to the chief State election official

20 designated under section 10 of the State of the person’s resi21 dence.

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

23 include—

24 (A) the name of the offender;

25 (B) the offender’s age and residence address;
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1 (C) the date of entry of the judgment;

2 (D) a description of the offenses of which the of3 fender was convicted; and

4 (E) the sentence imposed by the court.

5 (3) On request of the chief State election official of a

6 State or other State official with responsibility for deter7 mining the effect that a conviction may have on an offend8 er’s qualification to vote, the United States attorney shall

9 provide such additional information as the United States

10 attorney may have concerning the offender and the offense

11 of which the offender was convicted.

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

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

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

15 notice of the vacation of the judgment.

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

17 voter registration officials of the local jurisdiction in which

18 an offender resides of the information received under this

19 subsection.

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

21 chapter 36 of title 39, United States Code, is amended by

22 adding at the end the following:

23 ‘‘§ 3629. Reduced rates for voter registration purposes

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

25 or local voting registration official the rate for any class
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1 of mail that is available to a qualified nonprofit organiza2 tion under section 3626 for the purpose of making a mail3 ing that the official certifies is required or authorized by

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

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

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

7 3626(a)–(h) and (j)–(k) of this title,’’ and inserting in lieu

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

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

10 amended by striking out ‘‘or 3626 of this title,’’ and insert11 ing in lieu thereof ‘‘3626, or 3629 of this title’’.

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

13 United States Code, is amended by inserting after the item

14 relating to section 3628 the following new item:

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

15 (i) PUBLIC DISCLOSURE OF VOTER REGISTRATION AC16 TIVITIES.—(1) Each State shall maintain for at least 2

17 years and shall make available for public inspection and,

18 where available, photocopying at a reasonable cost, all

19 records concerning the implementation of programs and ac20 tivities conducted for the purpose of ensuring the accuracy

21 and currency of official lists of eligible voters, except to the

22 extent that such records relate to a declination to register

23 to vote or to the identity of a voter registration agency

24 through which any particular voter is registered.
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1 (2) The records maintained pursuant to paragraph (1)

2 shall include lists of the names and addresses of all persons

3 to whom notices described in subsection (d)(2) are sent, and

4 information concerning whether or not each such person has

5 responded to the notice as of the date that inspection of the

6 records is made.

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

8 term ‘‘registrar’s jurisdiction’’ means—

9 (1) an incorporated city, town, borough, or other

10 form of municipality;

11 (2) if voter registration is maintained by a

12 county, parish, or other unit of government that gov13 erns a larger geographic area than a municipality,

14 the geographic area governed by that unit of govern15 ment; or

16 (3) if voter registration is maintained on a con17 solidated basis for more than one municipality or

18 other unit of government by an office that performs

19 all of the functions of a voting registrar, the geo20 graphic area of the consolidated municipalities or

21 other geographic units.

22 (k) CHANGE OF ADDRESS OF REGISTRANT.—Any pro23 vision of this Act to the contrary notwithstanding, if State

24 law permits the registrant to vote in the current election

25 upon oral or written affirmation by the registrant of the
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1 new address, at the polling place described in section

2 8(e)(2)(A)(i), or at a central location as described in section

3 8(e)(2)(A)(ii)(I), or at a polling place described in section

4 8(e)(2)(A)(ii)(II), voting at the other locations described in

5 section 8(e)(2)(A) need not be provided as options.

6 SEC. 9. FEDERAL COORDINATION AND REGULATIONS.

7 (a) IN GENERAL.—The Federal Election Commis8 sion—

9 (1) in consultation with the chief election officers

10 of the States, shall prescribe such regulations as are

11 necessary to carry out paragraphs (2) and (3);

12 (2) in consultation with the chief election officers

13 of the States, shall develop a mail voter registration

14 application form for elections for Federal office;

15 (3) not later than June 30 of each odd-numbered

16 year, shall submit to the Congress a report assessing

17 the impact of this Act on the administration of elec18 tions for Federal office during the preceding 2-year

19 period and including recommendations for improve20 ments in Federal and State procedures, forms, and

21 other matters affected by this Act; and

22 (4) shall provide information to the States with

23 respect to the responsibilities of the States under this

24 Act.
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1 (b) CONTENTS OF MAIL VOTER REGISTRATION

2 FORM.—The mail voter registration form developed under

3 subsection (a)(2)—

4 (1) may require only such identifying informa5 tion (including the signature of the applicant) and

6 other information (including data relating to pre7 vious registration by the applicant), as is necessary

8 to enable the appropriate State election official to as9 sess the eligibility of the applicant and to administer

10 voter registration and other parts of the election proc11 ess;

12 (2) shall include a statement that—

13 (A) specifies each eligibility requirement

14 (including citizenship);

15 (B) contains an attestation that the appli16 cant meets each such requirement; and

17 (C) requires the signature of the applicant,

18 under penalty of perjury;

19 (3) may not include any requirement for notari20 zation or other formal authentication; and

21 (4) shall include, in print that is identical to

22 that used in the attestation portion of the applica23 tion—

24 (i) the information required in section

25 8(a)(5) (A) and (B);
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1 (ii) a statement that, if an applicant de2 clines to register to vote, the fact that the appli3 cant has declined to register will remain con4 fidential and will be used only for voter registra5 tion purposes; and

6 (iii) a statement that if an applicant does

7 register to vote, the office at which the applicant

8 submits a voter registration application will re9 main confidential and will be used only for voter

10 registration purposes; and

11 SEC. 10. DESIGNATION OF CHIEF STATE ELECTION OFFI12 CIAL.

13 Each State shall designate a State officer or employee

14 as the chief State election official to be responsible for co15 ordination of State responsibilities under this Act.

16 SEC. 11. CIVIL ENFORCEMENT AND PRIVATE RIGHT OF AC17 TION.

18 (a) ATTORNEY GENERAL.—The Attorney General may

19 bring a civil action in an appropriate district court for

20 such declaratory or injunctive relief as is necessary to carry

21 out this Act.

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

23 is aggrieved by a violation of this Act may provide written

24 notice of the violation to the chief election official of the

25 State involved.
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1 (2) If the violation is not corrected within 90 days

2 after receipt of a notice under paragraph (1), or within 20

3 days after receipt of the notice if the violation occurred

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

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

6 appropriate district court for declaratory or injunctive re7 lief with respect to the violation.

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

9 date of an election for Federal office, the aggrieved person

10 need not provide notice to the chief election official of the

11 State under paragraph (1) before bringing a civil action

12 under paragraph (2).

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

14 section, the court may allow the prevailing party (other

15 than the United States) reasonable attorney fees, including

16 litigation expenses, and costs.

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

18 remedies established by this section are in addition to all

19 other rights and remedies provided by law, and neither the

20 rights and remedies established by this section nor any other

21 provision of this Act shall supersede, restrict, or limit the

22 application of the Voting Rights Act of 1965 (42 U.S.C.

23 1973 et seq.).
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1 (2) Nothing in this Act authorizes or requires conduct

2 that is prohibited by the Voting Rights Act of 1965 (42

3 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, or

9 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 vote;

14 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 fraud23 ulent under the laws of the State in which the

24 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 ma3 terially false, fictitious, or fraudulent under the

4 laws of the State in which the election is held,

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

6 Code (which fines shall be paid into the general fund of

7 the Treasury, miscellaneous receipts (pursuant to section

8 3302 of title 31, United States Code), notwithstanding any

9 other law), or imprisoned not more than 5 years, or both.

10 SEC. 13. RULE OF CONSTRUCTION.

11 Nothing in this Act shall be construed to preclude a

12 State from requiring presentation of documentary evidence

13 of the citizenship of an applicant for voter registration.

14 SEC. 14. EFFECTIVE DATE.

15 This Act shall take effect—

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

17 enactment of this Act has a provision in the constitu18 tion of the State that would preclude compliance with

19 this Act unless the State maintained separate Federal

20 and State official lists of eligible voters, on the later

21 of—

22 (A) January 1, 1996; or

23 (B) the date that is 120 days after the date

24 by which, under the constitution of the State as

25 in effect on the date of enactment of this Act, it
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1 would be legally possible to adopt and place into

2 effect any amendments to the constitution of the

3 State that are necessary to permit such compli4 ance with this Act without requiring a special

5 election; and

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

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

Attest:

Secretary.
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