I

103D CONGRESS

1ST SESSION H. R. 2

To establish national voter registration procedures for Federal elections, and

for other purposes.

IN THE HOUSE OF REPRESENTATIVES

JANUARY 5, 1993

Mr. SWIFT (for himself, Mr. GEPHARDT, Mr. BONIOR, Mr. HOYER, Mr.

LEWIS of Georgia, Mr. DERRICK, Mrs. KENNELLY, Mr. RICHARDSON,

Mr. FAZIO, Mr. ROSE, Mr. CONYERS, Mr. CLAY, Mr. GEJDENSON, Mr.

FROST, Mr. MANTON, Mr. KLECZKA, Mr. KILDEE, Mr. MAZZOLI, Mr.

SCHUMER, Mr. DURBIN, Mr. DICKS, Mrs. MORELLA, Mr. MCDERMOTT,

Mrs. UNSOELD, Ms. CANTWELL, Mr. INSLEE, Mr. KREIDLER, Mr.

KLEIN, AND Mr. BROWN of Ohio) introduced the following bill; which was

referred to the Committee on House Administration

A BILL

To establish national voter registration procedures for

Federal elections, and for other purposes.

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

3 SECTION 1. SHORT TITLE.

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

6 SEC. 2. FINDINGS AND PURPOSES.

7 (a) FINDINGS.—The Congress finds that—
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1 (1) the right of citizens of the United States to

2 vote is a fundamental right;

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

4 local governments to promote the exercise of that

5 right; and

6 (3) discriminatory and unfair registration laws

7 and procedures can have a direct and damaging ef8 fect on voter participation in elections for Federal

9 office and disproportionately harm voter participa10 tion by various groups, including racial minorities.

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

12 (1) to establish procedures that will increase

13 the number of eligible citizens who register to vote

14 in elections for Federal office;

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

16 local governments to implement this Act in a man17 ner that enhances the participation of eligible citi18 zens as voters in elections for Federal office;

19 (3) to protect the integrity of the electoral proc20 ess; and

21 (4) to ensure that accurate and current voter

22 registration rolls are maintained.

23 SEC. 3. DEFINITIONS.

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

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

3 Act 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

6 Campaign 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

9 by a State motor vehicle authority;

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

11 United 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 per14 form 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

19 addition to any other method of voter registration pro20 vided for under State law, each State shall establish proce21 dures 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

5 designated with respect to the residence of the

6 applicant in accordance with State law; and

7 (B) at a Federal, State, or nongovern8 mental 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 there is no voter registra13 tion requirement for any voter in the State with re14 spect to an election for Federal office.

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

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

17 voting in a general election for Federal office.

18 SEC. 5. SIMULTANEOUS APPLICATION FOR VOTER REG19 ISTRATION AND APPLICATION FOR MOTOR

20 VEHICLE DRIVER’S LICENSE.

21 (a) IN GENERAL.—(1) Except as provided in sub22 section (b), each State motor vehicle driver’s license appli23 cation (including any renewal application) submitted to

24 the appropriate State motor vehicle authority under State
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1 law shall serve as an application for voter registration with

2 respect to elections for Federal office.

3 (2) An application for voter registration submitted

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

5 previous voter registration by the applicant.

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

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

8 writing to be registered by means of the motor vehicle

9 driver’s license application.

10 (2) No information relating to a declination pursuant

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

12 voter registration.

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

14 include a voter registration application form for elections

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

16 motor vehicle driver’s license.

17 (2) The voter registration application portion of an

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

19 (A) may not require any information that dupli20 cates information required in the driver’s license

21 portion of the form (other than a second signature

22 or other information necessary under subparagraph

23 (C));
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1 (B) shall include a means by which an applicant

2 may decline to register to vote pursuant to sub3 section (b);

4 (C) may require only the minimum amount of

5 information necessary to—

6 (i) prevent duplicate voter registrations;

7 and

8 (ii) enable State election officials to assess

9 the eligibility of the applicant and to administer

10 voter registration and other parts of the elec11 tion process;

12 (D) shall include a statement that—

13 (i) states each eligibility requirement (in14 cluding citizenship);

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

17 (iii) requires the signature of the applicant,

18 under penalty of perjury; and

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

20 the applicant, or in machine readable or other for21 mat) to the appropriate State election official as pro22 vided by State law.

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

24 form submitted in accordance with State law for purposes

25 of a State motor vehicle driver’s license shall serve as noti-
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1 fication of change of address for voter registration with

2 respect to elections for Federal office for the registrant

3 involved unless the registrant states on the form that the

4 change of address is not for voter registration purposes.

5 SEC. 6. MAIL REGISTRATION.

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

7 mail voter registration application form prescribed by the

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

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

10 (2) In addition to accepting and using the form de11 scribed in paragraph (1), a State may develop and use

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

13 stated in section 9(b) for the registration of voters in elec14 tions for Federal office.

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

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

17 change of address.

18 (b) AVAILABILITY OF FORMS.—The chief State elec19 tion official of a State shall make the forms described in

20 subsection (a) available for distribution through govern21 mental and private entities, with particular emphasis on

22 making them available for organized voter registration

23 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

9 person—

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

11 under the Uniformed and Overseas Citizens Absen12 tee 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

15 Voting Accessibility for the Elderly and Handi16 capped Act (42 U.S.C. 1973ee–1(b)(2)(B)(ii)); or

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

18 person under any other Federal law.

19 SEC. 7. VOTER REGISTRATION AGENCIES.

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

21 agencies for the registration of voters in elections for Fed22 eral office.

23 (2) Each State shall designate as voter registration

24 agencies—
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1 (A) all offices in the State that provide public

2 assistance, unemployment compensation, or related

3 services; and

4 (B) all offices in the State that provide State5 funded programs primarily engaged in providing

6 services to persons with disabilities.

7 (3)(A) In addition to voter registration agencies des8 ignated under paragraph (2), each State shall designate

9 other offices within the State as voter registration agen10 cies.

11 (B) Voter registration agencies designated under sub12 paragraph (A) may include—

13 (i) State or local government offices such as

14 public libraries, public schools, offices of city and

15 county clerks (including marriage license bureaus),

16 fishing and hunting license bureaus, government rev17 enue offices, and offices not described in paragraph

18 (2)(B) that provide services to persons with disabil19 ities; and

20 (ii) Federal and nongovernmental offices, with

21 the agreement of such offices.

22 (4)(A) At each voter registration agency, the follow23 ing services shall be made available:

24 (i) Distribution of mail voter registration appli25 cation forms in accordance with paragraph (6).
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1 (ii) Assistance to applicants in completing voter

2 registration application forms.

3 (iii) Acceptance of completed voter registration

4 application forms for transmittal to the appropriate

5 State election official.

6 (B) If a voter registration agency designated under

7 paragraph (2)(B) provides services to a person with a dis8 ability at the person’s home, the agency shall provide the

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

10 home.

11 (5) A person who provides service described in para12 graph (4) shall not—

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

14 preference or party registration;

15 (B) display any such political preference or

16 party allegiance; or

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

18 any action the purpose or effect of which is to dis19 courage the applicant from registering to vote.

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

21 provides service or assistance in addition to conducting

22 voter registration shall—

23 (A) distribute with each application for such

24 service or assistance, and with each recertification,
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1 renewal, or change of address form relating to such

2 service or assistance—

3 (i) the mail voter registration application

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

5 (ii) the office’s own form if it is substan6 tially equivalent to the form described in section

7 9(a)(2),

8 unless the applicant, in writing, declines to register

9 to vote;

10 (B) to the greatest extent practicable, incor11 porate in application forms and other forms used at

12 those offices for purposes other than voter registra13 tion a means by which a person who completes the

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

15 elections for Federal office; and

16 (C) provide to each applicant who does not de17 cline to register to vote the same degree of assist18 ance with regard to the completion of the registra19 tion application form as is provided by the office

20 with regard to the completion of its own forms.

21 (7) No information relating to a declination to reg22 ister to vote in connection with an application made at

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

24 purpose other than voter registration.
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1 (b) FEDERAL GOVERNMENT AND PRIVATE SECTOR

2 COOPERATION.—All departments, agencies, and other en3 tities of the executive branch of the Federal Government

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

5 States in carrying out subsection (a), and all nongovern6 mental entities are encouraged to do so.

7 (c) TRANSMITTAL DEADLINE.—(1) Subject to para8 graph (2), a completed registration application accepted

9 at a voter registration agency shall be transmitted to the

10 appropriate State election official not later than 10 days

11 after the date of acceptance.

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

13 days before the last day for registration to vote in an elec14 tion, the application shall be transmitted to the appro15 priate State election official not later than 5 days after

16 the date of acceptance.

17 SEC. 8. REQUIREMENTS WITH RESPECT TO ADMINISTRA18 TION OF VOTER REGISTRATION.

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

20 registration for elections for Federal office, each State

21 shall—

22 (1) ensure that any eligible applicant is reg23 istered to vote in an election—

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

25 vehicle application under section 5, if the valid
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1 voter registration form of the applicant is sub2 mitted to the appropriate State motor vehicle

3 authority not later than the lesser of 30 days,

4 or the period provided by State law, before the

5 date of the election;

6 (B) in the case of registration by mail

7 under section 6, if the valid voter registration

8 form of the applicant is postmarked not later

9 than the lesser of 30 days, or the period pro10 vided by State law, before the date of the elec11 tion;

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

13 registration agency, if the valid voter registra14 tion form of the applicant is accepted at the

15 voter registration agency not later than the

16 lesser of 30 days, or the period provided by

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

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

19 registration form of the applicant is received by

20 the appropriate State election official not later

21 than the lesser of 30 days, or the period pro22 vided by State law, before the date of the elec23 tion;
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1 (2) require the appropriate State election offi2 cial to send notice to each applicant of the disposi3 tion of the application;

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

5 not be removed from the official list of eligible voters

6 except—

7 (A) at the request of the registrant;

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

9 criminal conviction or mental incapacity; or

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

11 (4) conduct a general program that makes a

12 reasonable effort to remove the names of ineligible

13 voters from the official lists of eligible voters by rea14 son of—

15 (A) the death of the registrant; or

16 (B) a change in the residence of the reg17 istrant, in accordance with subsections (b), (c),

18 and (d);

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

20 7 of—

21 (A) voter eligibility requirements; and

22 (B) penalties provided by law for submis23 sion of a false voter registration application;

24 and
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1 (6) ensure that the identity of the voter reg2 istration agency through which any particular voter

3 is registered is not disclosed to the public.

4 (b) CONFIRMATION OF VOTER REGISTRATION.—Any

5 State program or activity to protect the integrity of the

6 electoral process by ensuring the maintenance of an accu7 rate and current voter registration roll for elections for

8 Federal office—

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

10 compliance with the Voting Rights Act of 1965 (42

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

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

13 of any person from the official list of voters reg14 istered to vote in an election for Federal office by

15 reason of the person’s failure to vote.

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

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

18 a program under which—

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

20 the Postal Service through its licensees is used to

21 identify registrants whose addresses may have

22 changed; and

23 (B) if it appears from information provided by

24 the Postal Service that—
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1 (i) a registrant has moved to a different

2 residence address in the same registrar’s juris3 diction in which the registrant is currently reg4 istered, the registrar changes the registration

5 records to show the new address and sends the

6 registrant a notice of the change by forwardable

7 mail and a postage prepaid pre-addressed re8 turn form by which the registrant may verify or

9 correct the address information; or

10 (ii) the registrant has moved to a different

11 residence address not in the same registrar’s ju12 risdiction, the registrar uses the notice proce13 dure described in subsection (d)(2) to confirm

14 the change of address.

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

16 prior to the date of a primary or general election for Fed17 eral office, any program the purpose of which is to system18 atically remove the names of ineligible voters from the offi19 cial lists of eligible voters.

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

21 preclude—

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

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

24 (B) or (4)(A) of subsection (a); or
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1 (ii) correction of registration records pursuant

2 to this Act.

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

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

5 the official list of eligible voters in elections for Federal

6 office on the ground that the registrant has changed resi7 dence unless the registrant—

8 (A) confirms in writing that the registrant has

9 changed residence to a place outside the registrar’s

10 jurisdiction in which the registrant is registered; or

11 (B)(i) has failed to respond to a notice de12 scribed in paragraph (2); and

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

14 necessary, correct the registrar’s record of the reg15 istrant’s address) in an election during the period

16 beginning on the date of the notice and ending on

17 the day after the date of the second general election

18 for Federal office that occurs after the date of the

19 notice.

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

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

22 forwardable mail, on which the registrant may state his

23 or her current address, together with a notice to the fol24 lowing effect:
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1 (A) If the registrant did not change his or her

2 residence, or changed residence but remained in the

3 registrar’s jurisdiction, the registrant should return

4 the card not later than the time provided for mail

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

6 is not returned, affirmation or confirmation of the

7 registrant’s address may be required before the reg8 istrant is permitted to vote in a Federal election

9 during the period beginning on the date of the notice

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

11 general election for Federal office that occurs after

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

13 vote in an election during that period the reg14 istrant’s name will be removed from the list of eligi15 ble voters.

16 (B) If the registrant has changed residence to

17 a place outside the registrar’s jurisdiction in which

18 the registrant is registered, information concerning

19 how the registrant can continue to be eligible to

20 vote.

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

22 eligible voters in elections for Federal office in accordance

23 with change of residence information obtained in conform24 ance with this subsection.
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1 (e) PROCEDURE FOR VOTING FOLLOWING FAILURE

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

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

4 address in the same area shall, notwithstanding failure to

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

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

7 place upon oral or written affirmation by the registrant

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

9 polling place.

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

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

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

13 registrar’s jurisdiction and the same congressional district

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

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

16 of the registrant—

17 (i) shall be permitted to correct the voting

18 records and vote at the registrant’s former polling

19 place, upon oral or written affirmation by the reg20 istrant of the new address before an election official

21 at that polling place; or

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

23 records and vote at a central location within the

24 same registrar’s jurisdiction designated by the reg25 istrar where a list of eligible voters is maintained,
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1 upon written affirmation by the registrant of the

2 new address on a standard form provided by the

3 registrar at the central location; or

4 (II) shall be permitted to correct the voting

5 records for purposes of voting in future elections at

6 the appropriate polling place for the current address

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

8 vote in the present election, upon confirmation by

9 the registrant of the new address by such means as

10 are required by law.

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

12 current election upon oral or written affirmation by the

13 registrant of the new address at a polling place described

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

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

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

17 be provided as alternative options.

18 (3) If the registration records indicate that a reg19 istrant has moved from an address in the area covered

20 by a polling place, the registrant shall, upon oral or writ21 ten affirmation by the registrant before an election official

22 at that polling place that the registrant continues to reside

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

24 permitted to vote at that polling place.
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1 (f) CHANGE OF VOTING ADDRESS WITHIN A JURIS2 DICTION.—In the case of a change of address, for voting

3 purposes, of a registrant to another address within the

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

5 voting registration list accordingly, and the registrant’s

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

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

8 provided in subsection (d).

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

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

11 the United States, the United States attorney shall give

12 written notice of the conviction to the chief State election

13 official designated under section 10 of the State of the

14 person’s residence.

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

16 include—

17 (A) the name of the offender;

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

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

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

21 offender was convicted; and

22 (E) the sentence imposed by the court.

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

24 a State or other State official with responsibility for deter25 mining the effect that a conviction may have on an offend-
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1 er’s qualification to vote, the United States attorney shall

2 provide such additional information as the United States

3 attorney may have concerning the offender and the offense

4 of which the offender was convicted.

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

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

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

8 notice of the vacation of the judgment.

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

10 voter registration officials of the local jurisdiction in which

11 an offender resides of the information received under this

12 subsection.

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

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

15 by adding at the end the following:

16 ‘‘§ 3629. Reduced rates for voter registration pur17 poses

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

19 or local voting registration official the rate for any class

20 of mail that is available to a qualified nonprofit organiza21 tion under section 3626 for the purpose of making a mail22 ing that the official certifies is required or authorized by

23 the National Voter Registration Act of 1993.’’.
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1 (2) Section 2401(c) of title 39, United States Code,

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

3 ‘‘3626(a)–(h), and 3629’’.

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

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

6 ‘‘, 3626, or 3629 of this title’’.

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

8 United States Code, is amended by inserting after the

9 item relating to section 3628 the following new item:

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

10 (i) PUBLIC DISCLOSURE OF VOTER REGISTRATION

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

12 2 years and shall make available for public inspection and,

13 where available, photocopying at a reasonable cost, all

14 records concerning the implementation of programs and

15 activities conducted for the purpose of ensuring the accu16 racy and currency of official lists of eligible voters, except

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

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

19 agency through which any particular voter is registered.

20 (2) The records maintained pursuant to paragraph

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

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

23 sent, and information concerning whether or not each such
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1 person has responded to the notice as of the date that

2 inspection of the records is made.

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

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

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

6 other form of municipality;

7 (2) if voter registration is maintained by a

8 county, parish, or other unit of government that gov9 erns a larger geographic area than a municipality,

10 the geographic area governed by that unit of govern11 ment; or

12 (3) if voter registration is maintained on a con13 solidated basis for more than one municipality or

14 other unit of government by an office that performs

15 all of the functions of a voting registrar, the geo16 graphic area of the consolidated municipalities or

17 other geographic units.

18 SEC. 9. FEDERAL COORDINATION AND REGULATIONS.

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

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

23 agencies, and other entities of the executive branch

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

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

6 office;

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

10 of elections for Federal office during the preceding

11 2-year period and including recommendations for

12 improvements in Federal and State procedures,

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

14 (4) shall provide information to the States with

15 respect to the responsibilities of the States under

16 this Act.

17 (b) CONTENTS OF MAIL VOTER REGISTRATION

18 FORM.—The mail voter registration form developed under

19 subsection (a)(2)—

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

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

24 to enable the appropriate State election official to

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

3 (2) shall include a statement that—

4 (A) specifies each eligibility requirement

5 (including citizenship);

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

8 (C) requires the signature of the applicant,

9 under penalty of perjury; and

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

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

14 Each State shall designate a State officer or employee

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

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

19 (a) ATTORNEY GENERAL.—The Attorney General

20 may bring a civil action in an appropriate district court

21 for such declaratory or injunctive relief as is necessary to

22 carry out this Act.

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

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

2 State involved.

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

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

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

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

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

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

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

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

12 person need not provide notice to the chief election official

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

14 action under paragraph (2).

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

16 section, the court may allow the prevailing 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.

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