H. R. 2

One Hundred Third Congress

of the

United States of America

AT THE FIRST SESSION

Begun and held at the City of Washington on Tuesday,

the fifth day of January, one thousand nine hundred and ninety-three

An Act

To establish national voter registration procedures for Federal elections, and for

other purposes.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘National Voter Registration

Act of 1993’’.

SEC. 2. FINDINGS AND PURPOSES.

(a) FINDINGS.—The Congress finds that—

(1) the right of citizens of the United States to vote is

a fundamental right;

(2) it is the duty of the Federal, State, and local governments to promote the exercise of that right; and

(3) discriminatory and unfair registration laws and procedures can have a direct and damaging effect on voter participation in elections for Federal office and disproportionately harm

voter participation by various groups, including racial minorities.

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

(1) to establish procedures that will increase the number

of eligible citizens who register to vote in elections for Federal

office;

(2) to make it possible for Federal, State, and local governments to implement this Act in a manner that enhances the

participation of eligible citizens as voters in elections for Federal

office;

(3) to protect the integrity of the electoral process; and

(4) to ensure that accurate and current voter registration

rolls are maintained.

SEC. 3. DEFINITIONS.

As used in this Act—

(1) the term ‘‘election’’ has the meaning stated in section 301(1) of the Federal Election Campaign Act of 1971 (2 U.S.C.

431(1));

(2) the term ‘‘Federal office’’ has the meaning stated in section 301(3) of the Federal Election Campaign Act of 1971

(2 U.S.C. 431(3));

(3) the term ‘‘motor vehicle driver’s license’’ includes any

personal identification document issued by a State motor

vehicle authority;
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(4) the term ‘‘State’’ means a State of the United States

and the District of Columbia; and

(5) the term ‘‘voter registration agency’’ means an office

designated under section 7(a)(1) to perform voter registration

activities.

SEC. 4. NATIONAL PROCEDURES FOR VOTER REGISTRATION FOR

ELECTIONS FOR FEDERAL OFFICE.

(a) IN GENERAL.—Except as provided in subsection (b), notwithstanding any other Federal or State law, in addition to any other

method of voter registration provided for under State law, each

State shall establish procedures to register to vote in elections

for Federal office—

(1) by application made simultaneously with an application

for a motor vehicle driver’s license pursuant to section 5;

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

(3) by application in person—

(A) at the appropriate registration site designated with

respect to the residence of the applicant in accordance

with State law; and

(B) at a Federal, State, or nongovernmental office designated under section 7.

(b) NONAPPLICABILITY TO CERTAIN STATES.—This Act does not

apply to a State described in either or both of the following paragraphs:

(1) A State in which, under law that is in effect continuously on and after March 11, 1993, there is no voter registration

requirement for any voter in the State with respect to an

election for Federal office.

(2) A State in which, under law that is in effect continuously on and after March 11, 1993, or that was enacted on

or prior to March 11, 1993, and by its terms is to come into

effect upon the enactment of this Act, so long as that law

remains in effect, all voters in the State may register to vote

at the polling place at the time of voting in a general election

for Federal office.

SEC. 5. SIMULTANEOUS APPLICATION FOR VOTER REGISTRATION AND

APPLICATION FOR MOTOR VEHICLE DRIVER’S LICENSE.

(a) IN GENERAL.—(1) Each State motor vehicle driver’s license

application (including any renewal application) submitted to the

appropriate State motor vehicle authority under State law shall

serve as an application for voter registration with respect to elections for Federal office unless the applicant fails to sign the voter

registration application.

(2) An application for voter registration submitted under paragraph (1) shall be considered as updating any previous voter registration by the applicant.

(b) LIMITATION ON USE OF INFORMATION.—No information relating to the failure of an applicant for a State motor vehicle driver’s

license to sign a voter registration application may be used for

any purpose other than voter registration.

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

voter registration application form for elections for Federal office

as part of an application for a State motor vehicle driver’s license.

(2) The voter registration application portion of an application

for a State motor vehicle driver’s license—
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(A) may not require any information that duplicates

information required in the driver’s license portion of the form

(other than a second signature or other information necessary

under subparagraph (C));

(B) may require only the minimum amount of information

necessary to—

(i) prevent duplicate voter registrations; and

(ii) enable State election officials to assess the eligibility of the applicant and to administer voter registration

and other parts of the election process;

(C) shall include a statement that—

(i) states each eligibility requirement (including citizenship);

(ii) contains an attestation that the applicant meets

each such requirement; and

(iii) requires the signature of the applicant, under penalty of perjury;

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

in the attestation portion of the application—

(i) the information required in section 8(a)(5) (A) and

(B);

(ii) a statement that, if an applicant declines to register

to vote, the fact that the applicant has declined to register

will remain confidential and will be used only for voter

registration purposes; and

(iii) a statement that if an applicant does register

to vote, the office at which the applicant submits a voter

registration application will remain confidential and will

be used only for voter registration purposes; and

(E) shall be made available (as submitted by the applicant,

or in machine readable or other format) to the appropriate

State election official as provided by State law.

(d) CHANGE OF ADDRESS.—Any change of address form submitted in accordance with State law for purposes of a State motor

vehicle driver’s license shall serve as notification of change of

address for voter registration with respect to elections for Federal

office for the registrant involved unless the registrant states on

the form that the change of address is not for voter registration

purposes.

(e) TRANSMITTAL DEADLINE.—(1) Subject to paragraph (2), a

completed voter registration portion of an application for a State

motor vehicle driver’s license accepted at a State motor vehicle

authority shall be transmitted to the appropriate State election

official not later than 10 days after the date of acceptance.

(2) If a registration application is accepted within 5 days before

the last day for registration to vote in an election, the application

shall be transmitted to the appropriate State election official not

later than 5 days after the date of acceptance.

SEC. 6. MAIL REGISTRATION.

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

registration application form prescribed by the Federal Election

Commission pursuant to section 9(a)(2) for the registration of voters

in elections for Federal office.

(2) In addition to accepting and using the form described in

paragraph (1), a State may develop and use a mail voter registration
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form that meets all of the criteria stated in section 9(b) for the

registration of voters in elections for Federal office.

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

and used for notification of a registrant’s change of address.

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

of a State shall make the forms described in subsection (a) available

for distribution through governmental and private entities, with

particular emphasis on making them available for organized voter

registration programs.

(c) FIRST-TIME VOTERS.—(1) Subject to paragraph (2), a State

may by law require a person to vote in person if—

(A) the person was registered to vote in a jurisdiction

by mail; and

(B) the person has not previously voted in that jurisdiction.

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

(A) who is entitled to vote by absentee ballot under the

Uniformed and Overseas Citizens Absentee Voting Act (42

U.S.C. 1973ff–1 et seq.);

(B) who is provided the right to vote otherwise than in

person under section 3(b)(2)(B)(ii) of the Voting Accessibility

for the Elderly and Handicapped Act (42 U.S.C. 1973ee–

1(b)(2)(B)(ii)); or

(C) who is entitled to vote otherwise than in person under

any other Federal law.

(d) UNDELIVERED NOTICES.—If a notice of the disposition of

a mail voter registration application under section 8(a)(2) is sent

by nonforwardable mail and is returned undelivered, the registrar

may proceed in accordance with section 8(d).

SEC. 7. VOTER REGISTRATION AGENCIES.

(a) DESIGNATION.—(1) Each State shall designate agencies for

the registration of voters in elections for Federal office. (2) Each State shall designate as voter registration agencies— (A) all offices in the State that provide public assistance;

and

(B) all offices in the State that provide State-funded programs primarily engaged in providing services to persons with

disabilities.

(3)(A) In addition to voter registration agencies designated under paragraph (2), each State shall designate other offices within

the State as voter registration agencies. (B) Voter registration agencies designated under subparagraph (A) may include— (i) State or local government offices such as public libraries, public schools, offices of city and county clerks (including marriage license bureaus), fishing and hunting license bureaus,

government revenue offices, unemployment compensation

offices, and offices not described in paragraph (2)(B) that provide services to persons with disabilities; and

(ii) Federal and nongovernmental offices, with the agreement of such offices.

(4)(A) At each voter registration agency, the following services

shall be made available:

(i) Distribution of mail voter registration application forms

in accordance with paragraph (6).

(ii) Assistance to applicants in completing voter registration

application forms, unless the applicant refuses such assistance.
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(iii) Acceptance of completed voter registration application

forms for transmittal to the appropriate State election official.

(B) If a voter registration agency designated under paragraph

(2)(B) provides services to a person with a disability at the person’s

home, the agency shall provide the services described in subparagraph (A) at the person’s home.

(5) A person who provides service described in paragraph (4)

shall not—

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

or party registration;

(B) display any such political preference or party allegiance;

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

the purpose or effect of which is to discourage the applicant

from registering to vote; or

(D) make any statement to an applicant or take any action

the purpose or effect of which is to lead the applicant to believe

that a decision to register or not to register has any bearing

on the availability of services or benefits.

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

service or assistance in addition to conducting voter registration

shall—

(A) distribute with each application for such service or

assistance, and with each recertification, renewal, or change

of address form relating to such service or assistance—

(i) the mail voter registration application form

described in section 9(a)(2), including a statement that—

(I) specifies each eligibility requirement (including

citizenship);

(II) contains an attestation that the applicant

meets each such requirement; and

(III) requires the signature of the applicant, under

penalty of perjury; or

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

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

unless the applicant, in writing, declines to register to vote;

(B) provide a form that includes—

(i) the question, ‘‘If you are not registered to vote

where you live now, would you like to apply to register

to vote here today?’’;

(ii) if the agency provides public assistance, the statement, ‘‘Applying to register or declining to register to vote

will not affect the amount of assistance that you will be

provided by this agency.’’;

(iii) boxes for the applicant to check to indicate whether

the applicant would like to register or declines to register

to vote (failure to check either box being deemed to constitute a declination to register for purposes of subparagraph (C)), together with the statement (in close proximity

to the boxes and in prominent type), ‘‘IF YOU DO NOT

CHECK EITHER BOX, YOU WILL BE CONSIDERED

TO HAVE DECIDED NOT TO REGISTER TO VOTE AT

THIS TIME.’’;

(iv) the statement, ‘‘If you would like help in filling

out the voter registration application form, we will help

you. The decision whether to seek or accept help is yours.

You may fill out the application form in private.’’; and
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(v) the statement, ‘‘If you believe that someone has

interfered with your right to register or to decline to register to vote, your right to privacy in deciding whether

to register or in applying to register to vote, or your right

to choose your own political party or other political preference, you may file a complaint with llllll.’’, the

blank being filled by the name, address, and telephone

number of the appropriate official to whom such a complaint should be addressed; and

(C) provide to each applicant who does not decline to register to vote the same degree of assistance with regard to

the completion of the registration application form as is provided by the office with regard to the completion of its own

forms, unless the applicant refuses such assistance.

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

in connection with an application made at an office described in

paragraph (6) may be used for any purpose other than voter registration.

(b) FEDERAL GOVERNMENT AND PRIVATE SECTOR COOPERATION.—All departments, agencies, and other entities of the executive

branch of the Federal Government shall, to the greatest extent

practicable, cooperate with the States in carrying out subsection

(a), and all nongovernmental entities are encouraged to do so.

(c) ARMED FORCES RECRUITMENT OFFICES.—(1) Each State and

the Secretary of Defense shall jointly develop and implement procedures for persons to apply to register to vote at recruitment offices

of the Armed Forces of the United States.

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

States shall be considered to be a voter registration agency designated under subsection (a)(2) for all purposes of this Act.

(d) TRANSMITTAL DEADLINE.—(1) Subject to paragraph (2), a

completed registration application accepted at a voter registration

agency shall be transmitted to the appropriate State election official

not later than 10 days after the date of acceptance.

(2) If a registration application is accepted within 5 days before

the last day for registration to vote in an election, the application

shall be transmitted to the appropriate State election official not

later than 5 days after the date of acceptance.

SEC. 8. REQUIREMENTS WITH RESPECT TO ADMINISTRATION OF

VOTER REGISTRATION.

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

for elections for Federal office, each State shall—

(1) ensure that any eligible applicant is registered to vote

in an election—

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

application under section 5, if the valid voter registration

form of the applicant is submitted to the appropriate State

motor vehicle authority not later than the lesser of 30

days, or the period provided by State law, before the date

of the election;

(B) in the case of registration by mail under section

6, if the valid voter registration form of the applicant

is postmarked not later than the lesser of 30 days, or

the period provided by State law, before the date of the

election;
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(C) in the case of registration at a voter registration

agency, if the valid voter registration form of the applicant

is accepted at the voter registration agency not later than

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

law, before the date of the election; and

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

form of the applicant is received by the appropriate State

election official not later than the lesser of 30 days, or

the period provided by State law, before the date of the

election;

(2) require the appropriate State election official to send

notice to each applicant of the disposition of the application;

(3) provide that the name of a registrant may not be

removed from the official list of eligible voters except—

(A) at the request of the registrant;

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

conviction or mental incapacity; or

(C) as provided under paragraph (4);

(4) conduct a general program that makes a reasonable

effort to remove the names of ineligible voters from the official

lists of eligible voters by reason of—

(A) the death of the registrant; or

(B) a change in the residence of the registrant, in

accordance with subsections (b), (c), and (d);

(5) inform applicants under sections 5, 6, and 7 of—

(A) voter eligibility requirements; and

(B) penalties provided by law for submission of a false

voter registration application; and

(6) ensure that the identity of the voter registration agency

through which any particular voter is registered is not disclosed

to the public.

(b) CONFIRMATION OF VOTER REGISTRATION.—Any State program or activity to protect the integrity of the electoral process

by ensuring the maintenance of an accurate and current voter

registration roll for elections for Federal office—

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

with the Voting Rights Act of 1965 (42 U.S.C. 1973 et seq.);

and

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

person from the official list of voters registered to vote in

an election for Federal office by reason of the person’s failure

to vote.

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

requirement of subsection (a)(4) by establishing a program under

which—

(A) change-of-address information supplied by the Postal

Service through its licensees is used to identify registrants

whose addresses may have changed; and

(B) if it appears from information provided by the Postal

Service that—

(i) a registrant has moved to a different residence

address in the same registrar’s jurisdiction in which the

registrant is currently registered, the registrar changes

the registration records to show the new address and sends

the registrant a notice of the change by forwardable mail

and a postage prepaid pre-addressed return form by which
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the registrant may verify or correct the address information; or

(ii) the registrant has moved to a different residence

address not in the same registrar’s jurisdiction, the registrar uses the notice procedure described in subsection

(d)(2) to confirm the change of address.

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

to the date of a primary or general election for Federal office,

any program the purpose of which is to systematically remove

the names of ineligible voters from the official lists of eligible

voters.

(B) Subparagraph (A) shall not be construed to preclude—

(i) the removal of names from official lists of voters on

a basis described in paragraph (3) (A) or (B) or (4)(A) of subsection (a); or

(ii) correction of registration records pursuant to this Act.

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

shall not remove the name of a registrant from the official list

of eligible voters in elections for Federal office on the ground that

the registrant has changed residence unless the registrant—

(A) confirms in writing that the registrant has changed

residence to a place outside the registrar’s jurisdiction in which

the registrant is registered; or

(B)(i) has failed to respond to a notice described in paragraph (2); and

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

correct the registrar’s record of the registrant’s address) in

an election during the period beginning on the date of the

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

general election for Federal office that occurs after the date

of the notice.

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

prepaid and pre-addressed return card, sent by forwardable mail,

on which the registrant may state his or her current address,

together with a notice to the following effect: (A) If the registrant did not change his or her residence,

or changed residence but remained in the registrar’s jurisdiction, the registrant should return the card not later than the

time provided for mail registration under subsection (a)(1)(B).

If the card is not returned, affirmation or confirmation of the

registrant’s address may be required before the registrant is

permitted to vote in a Federal election during the period beginning on the date of the notice and ending on the day after

the date of the second general election for Federal office that

occurs after the date of the notice, and if the registrant does

not vote in an election during that period the registrant’s name

will be removed from the list of eligible voters.

(B) If the registrant has changed residence to a place

outside the registrar’s jurisdiction in which the registrant is

registered, information concerning how the registrant can continue to be eligible to vote.

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

voters in elections for Federal office in accordance with change

of residence information obtained in conformance with this subsection.

(e) PROCEDURE FOR VOTING FOLLOWING FAILURE TO RETURN

CARD.—(1) A registrant who has moved from an address in the
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area covered by a polling place to an address in the same area

shall, notwithstanding failure to notify the registrar of the change

of address prior to the date of an election, be permitted to vote

at that polling place upon oral or written affirmation by the registrant of the change of address before an election official at that

polling place.

(2)(A) A registrant who has moved from an address in the

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

by a second polling place within the same registrar’s jurisdiction

and the same congressional district and who has failed to notify

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

election, at the option of the registrant—

(i) shall be permitted to correct the voting records and

vote at the registrant’s former polling place, upon oral or written affirmation by the registrant of the new address before

an election official at that polling place; or

(ii)(I) shall be permitted to correct the voting records and

vote at a central location within the same registrar’s jurisdiction

designated by the registrar where a list of eligible voters is

maintained, upon written affirmation by the registrant of the

new address on a standard form provided by the registrar

at the central location; or

(II) shall be permitted to correct the voting records for

purposes of voting in future elections at the appropriate polling

place for the current address and, if permitted by State law,

shall be permitted to vote in the present election, upon confirmation by the registrant of the new address by such means

as are required by law.

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

election upon oral or written affirmation by the registrant of the

new address at a polling place described in subparagraph (A)(i)

or (A)(ii)(II), voting at the other locations described in subparagraph

(A) need not be provided as options.

(3) If the registration records indicate that a registrant has

moved from an address in the area covered by a polling place,

the registrant shall, upon oral or written affirmation by the registrant before an election official at that polling place that the

registrant continues to reside at the address previously made known

to the registrar, be permitted to vote at that polling place. (f) CHANGE OF VOTING ADDRESS WITHIN A JURISDICTION.— In the case of a change of address, for voting purposes, of a registrant to another address within the same registrar’s jurisdiction,

the registrar shall correct the voting registration list accordingly,

and the registrant’s name may not be removed from the official

list of eligible voters by reason of such a change of address except

as provided in subsection (d).

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

a person of a felony in a district court of the United States, the

United States attorney shall give written notice of the conviction

to the chief State election official designated under section 10 of

the State of the person’s residence.

(2) A notice given pursuant to paragraph (1) shall include—

(A) the name of the offender;

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

(C) the date of entry of the judgment;

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

was convicted; and
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(E) the sentence imposed by the court.

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

or other State official with responsibility for determining the effect

that a conviction may have on an offender’s qualification to vote,

the United States attorney shall provide such additional information

as the United States attorney may have concerning the offender

and the offense of which the offender was convicted.

(4) If a conviction of which notice was given pursuant to paragraph (1) is overturned, the United States attorney shall give the

official to whom the notice was given written notice of the vacation

of the judgment.

(5) The chief State election official shall notify the voter registration officials of the local jurisdiction in which an offender

resides of the information received under this subsection.

(h) REDUCED POSTAL RATES.—(1) Subchapter II of chapter 36

of title 39, United States Code, is amended by adding at the end

the following:

‘‘§ 3629. Reduced rates for voter registration purposes

‘‘The Postal Service shall make available to a State or local

voting registration official the rate for any class of mail that is

available to a qualified nonprofit organization under section 3626

for the purpose of making a mailing that the official certifies is

required or authorized by the National Voter Registration Act of

1993.’’.

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

States Code, is amended by striking out ‘‘and 3626(a)–(h) and

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

3626(j)–(k), and 3629 of this title’’. (3) Section 3627 of title 39, United States Code, is amended

by striking out ‘‘or 3626 of this title,’’ and inserting in lieu thereof

‘‘3626, or 3629 of this title’’.

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

States Code, is amended by inserting after the item relating to

section 3628 the following new item:

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

(i) PUBLIC DISCLOSURE OF VOTER REGISTRATION ACTIVITIES.— (1) Each State shall maintain for at least 2 years and shall make

available for public inspection and, where available, photocopying

at a reasonable cost, all records concerning the implementation

of programs and activities conducted for the purpose of ensuring

the accuracy and currency of official lists of eligible voters, except

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

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

which any particular voter is registered.

(2) The records maintained pursuant to paragraph (1) shall

include lists of the names and addresses of all persons to whom

notices described in subsection (d)(2) are sent, and information

concerning whether or not each such person has responded to

the notice as of the date that inspection of the records is made.

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

‘‘registrar’s jurisdiction’’ means—

(1) an incorporated city, town, borough, or other form of

municipality;

(2) if voter registration is maintained by a county, parish,

or other unit of government that governs a larger geographic
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area than a municipality, the geographic area governed by

that unit of government; or (3) if voter registration is maintained on a consolidated basis for more than one municipality or other unit of government by an office that performs all of the functions of a voting

registrar, the geographic area of the consolidated municipalities

or other geographic units.

SEC. 9. FEDERAL COORDINATION AND REGULATIONS.

(a) IN GENERAL.—The Federal Election Commission—

(1) in consultation with the chief election officers of the

States, shall prescribe such regulations as are necessary to

carry out paragraphs (2) and (3); (2) in consultation with the chief election officers of the

States, shall develop a mail voter registration application form

for elections for Federal office;

(3) not later than June 30 of each odd-numbered year, shall submit to the Congress a report assessing the impact

of this Act on the administration of elections for Federal office

during the preceding 2-year period and including recommendations for improvements in Federal and State procedures, forms,

and other matters affected by this Act; and (4) shall provide information to the States with respect

to the responsibilities of the States under this Act.

(b) CONTENTS OF MAIL VOTER REGISTRATION FORM.—The mail

voter registration form developed under subsection (a)(2)— (1) may require only such identifying information (including the signature of the applicant) and other information (including

data relating to previous registration by the applicant), as

is necessary to enable the appropriate State election official

to assess the eligibility of the applicant and to administer

voter registration and other parts of the election process; (2) shall include a statement that—

(A) specifies each eligibility requirement (including citi- zenship); (B) contains an attestation that the applicant meets

each such requirement; and (C) requires the signature of the applicant, under pen- alty of perjury;

(3) may not include any requirement for notarization or other formal authentication; and

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

in the attestation portion of the application— (i) the information required in section 8(a)(5) (A) and (B);

(ii) a statement that, if an applicant declines to register to vote, the fact that the applicant has declined to register

will remain confidential and will be used only for voter

registration purposes; and (iii) a statement that if an applicant does register

to vote, the office at which the applicant submits a voter

registration application will remain confidential and will

be used only for voter registration purposes.

SEC. 10. DESIGNATION OF CHIEF STATE ELECTION OFFICIAL.

Each State shall designate a State officer or employee as the

chief State election official to be responsible for coordination of

State responsibilities under this Act.
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SEC. 11. CIVIL ENFORCEMENT AND PRIVATE RIGHT OF ACTION.

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

civil action in an appropriate district court for such declaratory

or injunctive relief as is necessary to carry out this Act.

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

by a violation of this Act may provide written notice of the violation

to the chief election official of the State involved.

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

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

of the notice if the violation occurred within 120 days before the

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

bring a civil action in an appropriate district court for declaratory

or injunctive relief with respect to the violation.

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

of an election for Federal office, the aggrieved person need not

provide notice to the chief election official of the State under paragraph (1) before bringing a civil action under paragraph (2).

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

the court may allow the prevailing party (other than the United

States) reasonable attorney fees, including litigation expenses, and

costs.

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

established by this section are in addition to all other rights and

remedies provided by law, and neither the rights and remedies

established by this section nor any other provision of this Act

shall supersede, restrict, or limit the application of the Voting

Rights Act of 1965 (42 U.S.C. 1973 et seq.).

(2) Nothing in this Act authorizes or requires conduct that

is prohibited by the Voting Rights Act of 1965 (42 U.S.C. 1973

et seq.).

SEC. 12. CRIMINAL PENALTIES.

A person, including an election official, who in any election

for Federal office—

(1) knowingly and willfully intimidates, threatens, or

coerces, or attempts to intimidate, threaten, or coerce, any

person for—

(A) registering to vote, or voting, or attempting to

register or vote;

(B) urging or aiding any person to register to vote,

to vote, or to attempt to register or vote; or

(C) exercising any right under this Act; or

(2) knowingly and willfully deprives, defrauds, or attempts

to deprive or defraud the residents of a State of a fair and

impartially conducted election process, by—

(A) the procurement or submission of voter registration

applications that are known by the person to be materially

false, fictitious, or fraudulent under the laws of the State

in which the election is held; or

(B) the procurement, casting, or tabulation of ballots

that are known by the person to be materially false, fictitious, or fraudulent under the laws of the State in which

the election is held,

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

(which fines shall be paid into the general fund of the Treasury,

miscellaneous receipts (pursuant to section 3302 of title 31, United
H. R. 2—13

States Code), notwithstanding any other law), or imprisoned not

more than 5 years, or both.

SEC. 13. EFFECTIVE DATE.

This Act shall take effect—

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

of this Act has a provision in the constitution of the State

that would preclude compliance with this Act unless the State

maintained separate Federal and State official lists of eligible

voters, on the later of—

(A) January 1, 1996; or

(B) the date that is 120 days after the date by which,

under the constitution of the State as in effect on the

date of enactment of this Act, it would be legally possible

to adopt and place into effect any amendments to the

constitution of the State that are necessary to permit such

compliance with this Act without requiring a special election; and

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

(1), on January 1, 1995.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.