I 

113TH CONGRESS 

1ST SESSION H. R. 289 

To amend the National Voter Registration Act of 1993 to modernize State 

voting systems by allowing for increased use of the Internet in voter 

registration, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 15, 2013 

Mr. MORAN introduced the following bill; which was referred to the Committee 

on House Administration 

A BILL 

To amend the National Voter Registration Act of 1993 to 

modernize State voting systems by allowing for increased 

use of the Internet in voter registration, and for other 

purposes. 

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

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

5 ‘‘Value Our Time Elections Act’’ or the ‘‘VOTE Act’’. 

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

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—PROMOTING INTERNET REGISTRATION 


pwalker on DSK7TPTVN1PROD with 
2 

•HR 289 IH

Sec. 101. Requiring availability of Internet for voter registration. 

Sec. 102. Use of Internet to update registration information. 

TITLE II—AUTOMATED REGISTRATION OF CERTAIN INDIVIDUALS 

Sec. 201. Automated voter registration. 

Sec. 202. List maintenance, privacy, and security. 

Sec. 203. Promoting accuracy of Statewide voter registration lists. 

Sec. 204. Definitions. 

TITLE III—SHORTENING VOTER WAIT TIMES AND EARLY VOTING 

Sec. 301. Equitable allocation of voting systems, poll workers, and election resources. 

Sec. 302. Early voting. 

Sec. 303. Conforming amendment to enforcement provision. 

TITLE IV—GENERAL PROVISIONS 

Sec. 401. Effective date. 

1 TITLE I—PROMOTING INTERNET 

2 REGISTRATION 

3 SEC. 101. REQUIRING AVAILABILITY OF INTERNET FOR 

4 VOTER REGISTRATION. 

5 (a) REQUIRING AVAILABILITY OF INTERNET FOR

6 REGISTRATION.—The National Voter Registration Act of 

7 1993 (42 U.S.C. 1973gg et seq.) is amended by inserting 

8 after section 6 the following new section: 

9 ‘‘SEC. 6A. INTERNET REGISTRATION. 

10 ‘‘(a) REQUIRING AVAILABILITY OF INTERNET FOR

11 ONLINE REGISTRATION.— 

12 ‘‘(1) AVAILABILITY OF ONLINE REGISTRA13 TION.—Each State, acting through the chief State 

14 election official, shall ensure that the following serv15 ices are available to the public at any time on the 

16 official public websites of the appropriate State and 

17 local election officials in the State, in the same manVerDate Mar 15 2010 02:08 Jan 18, 2013 Jkt 029200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H289.IH H289

pwalker on DSK7TPTVN1PROD with 
3 

•HR 289 IH

1 ner and subject to the same terms and conditions as 

2 the services provided by voter registration agencies 

3 under section 7(a): 

4 ‘‘(A) Online application for voter registra5 tion. 

6 ‘‘(B) Online assistance to applicants in ap7 plying to register to vote. 

8 ‘‘(C) Online completion and submission by 

9 applicants of the mail voter registration applica10 tion form prescribed by the Election Assistance 

11 Commission pursuant to section 9(a)(2), includ12 ing assistance with providing a signature in 

13 electronic form as required under subsection 

14 (c). 

15 ‘‘(D) Online receipt of completed voter reg16 istration applications. 

17 ‘‘(b) ACCEPTANCE OF COMPLETED APPLICATIONS.— 

18 A State shall accept an online voter registration applica19 tion provided by an individual under this section, and en20 sure that the individual is registered to vote in the State, 

21 if— 

22 ‘‘(1) the individual meets the same voter reg23 istration requirements applicable to individuals who 

24 register to vote by mail in accordance with section 

25 6(a)(1) using the mail voter registration application 


pwalker on DSK7TPTVN1PROD with 
4 

•HR 289 IH

1 form prescribed by the Election Assistance Commis2 sion pursuant to section 9(a)(2); and 

3 ‘‘(2) the individual provides a signature in elec4 tronic form in accordance with subsection (c) (but 

5 only in the case of applications submitted during or 

6 after the second year in which this section is in ef7 fect in the State). 

8 ‘‘(c) SIGNATURES IN ELECTRONIC FORM.—For pur9 poses of this section, an individual provides a signature 

10 in electronic form by— 

11 ‘‘(1) executing a computerized mark in the sig12 nature field on an online voter registration applica13 tion; or 

14 ‘‘(2) submitting with the application an elec15 tronic copy of the individual’s handwritten signature 

16 through electronic means. 

17 ‘‘(d) CONFIRMATION AND DISPOSITION.— 

18 ‘‘(1) CONFIRMATION OF RECEIPT.—Upon the 

19 online submission of a completed voter registration 

20 application by an individual under this section, the 

21 appropriate State or local election official shall send 

22 the individual a notice confirming the State’s receipt 

23 of the application and providing instructions on how 

24 the individual may check the status of the applica25 tion. 


pwalker on DSK7TPTVN1PROD with 
5 

•HR 289 IH

1 ‘‘(2) NOTICE OF DISPOSITION.—As soon as the 

2 appropriate State or local election official has ap3 proved or rejected an application submitted by an in4 dividual under this section, the official shall send the 

5 individual a notice of the disposition of the applica6 tion. 

7 ‘‘(3) METHOD OF NOTIFICATION.—The appro8 priate State or local election official shall send the 

9 notices required under this subsection by regular 

10 mail, and, in the case of an individual who has re11 quested that the State provide voter registration and 

12 voting information through electronic mail, by both 

13 electronic mail and regular mail. 

14 ‘‘(e) PROVISION OF SERVICES IN NONPARTISAN

15 MANNER.—The services made available under subsection 

16 (a) shall be provided in a manner that ensures that, con17 sistent with section 7(a)(5)— 

18 ‘‘(1) the online application does not seek to in19 fluence an applicant’s political preference or party 

20 registration; and 

21 ‘‘(2) there is no display on the website pro22 moting any political preference or party allegiance, 

23 except that nothing in this paragraph may be con24 strued to prohibit an applicant from registering to 

25 vote as a member of a political party. 


pwalker on DSK7TPTVN1PROD with 
6 

•HR 289 IH

1 ‘‘(f) PROTECTION OF SECURITY OF INFORMATION.— 

2 In meeting the requirements of this section, the State shall 

3 establish appropriate technological security measures to 

4 prevent to the greatest extent practicable any unauthor5 ized access to information provided by individuals using 

6 the services made available under subsection (a). 

7 ‘‘(g) USE OF ADDITIONAL TELEPHONE-BASED SYS8 TEM.—A State shall make the services made available on9 line under subsection (a) available through the use of an 

10 automated telephone-based system, subject to the same 

11 terms and conditions applicable under this section to the 

12 services made available online, in addition to making the 

13 services available online in accordance with the require14 ments of this section. 

15 ‘‘(h) NONDISCRIMINATION AMONG REGISTERED

16 VOTERS USING MAIL AND ONLINE REGISTRATION.—In 

17 carrying out this Act, the Help America Vote Act of 2002 

18 (42 U.S.C. 15301 et seq.), or any other Federal, State, 

19 or local law governing the treatment of registered voters 

20 in the State or the administration of elections for public 

21 office in the State, a State shall treat a registered voter 

22 who registered to vote online in accordance with this sec23 tion in the same manner as the State treats a registered 

24 voter who registered to vote by mail.’’. 


pwalker on DSK7TPTVN1PROD with 
7 

•HR 289 IH

1 (b) SPECIAL REQUIREMENTS FOR INDIVIDUALS

2 USING ONLINE REGISTRATION.— 

3 (1) TREATMENT AS INDIVIDUALS REGISTERING

4 TO VOTE BY MAIL FOR PURPOSES OF FIRST-TIME

5 VOTER IDENTIFICATION REQUIREMENTS.—Section 

6 303(b)(1)(A) of the Help America Vote Act of 2002 

7 (42 U.S.C. 15483(b)(1)(A)) is amended by striking 

8 ‘‘by mail’’ and inserting ‘‘by mail or online under 

9 section 6A of the National Voter Registration Act of 

10 1993’’. 

11 (2) REQUIRING SIGNATURE FOR FIRST-TIME

12 VOTERS IN JURISDICTION.—Section 303(b) of such 

13 Act (42 U.S.C. 15483(b)) is amended— 

14 (A) by redesignating paragraph (5) as 

15 paragraph (6); and 

16 (B) by inserting after paragraph (4) the 

17 following new paragraph: 

18 ‘‘(5) SIGNATURE REQUIREMENTS FOR FIRST19 TIME VOTERS USING ONLINE REGISTRATION.— 

20 ‘‘(A) IN GENERAL.—A State shall, in a 

21 uniform and nondiscriminatory manner, require 

22 an individual to meet the requirements of sub23 paragraph (B) if— 

24 ‘‘(i) the individual registered to vote 

25 in the State online under section 6A of the 


pwalker on DSK7TPTVN1PROD with 
8 

•HR 289 IH

1 National Voter Registration Act of 1993; 

2 and 

3 ‘‘(ii) the individual has not previously 

4 voted in an election for Federal office in 

5 the State. 

6 ‘‘(B) REQUIREMENTS.—An individual 

7 meets the requirements of this subparagraph 

8 if— 

9 ‘‘(i) in the case of an individual who 

10 votes in person, the individual provides the 

11 appropriate State or local election official 

12 with a handwritten signature; or 

13 ‘‘(ii) in the case of an individual who 

14 votes by mail, the individual submits with 

15 the ballot a handwritten signature. 

16 ‘‘(C) INAPPLICABILITY.—Subparagraph 

17 (A) does not apply in the case of an individual 

18 who is— 

19 ‘‘(i) entitled to vote by absentee ballot 

20 under the Uniformed and Overseas Citi21 zens Absentee Voting Act (42 U.S.C. 

22 1973ff–1 et seq.); 

23 ‘‘(ii) provided the right to vote other24 wise than in person under section 

25 3(b)(2)(B)(ii) of the Voting Accessibility 


pwalker on DSK7TPTVN1PROD with 
9 

•HR 289 IH

1 for the Elderly and Handicapped Act (42 

2 U.S.C. 1973ee–1(b)(2)(B)(ii)); or 

3 ‘‘(iii) entitled to vote otherwise than 

4 in person under any other Federal law.’’. 

5 (3) CONFORMING AMENDMENT RELATING TO

6 EFFECTIVE DATE.—Section 303(d)(2)(A) of such 

7 Act (42 U.S.C. 15483(d)(2)(A)) is amended by 

8 striking ‘‘Each State’’ and inserting ‘‘Except as pro9 vided in subsection (b)(5), each State’’. 

10 (c) CONFORMING AMENDMENTS.— 

11 (1) TIMING OF REGISTRATION.—Section 8(a)(1) 

12 of the National Voter Registration Act of 1993 (42 

13 U.S.C. 1973gg–6(a)(1)) is amended— 

14 (A) by striking ‘‘and’’ at the end of sub15 paragraph (C); 

16 (B) by redesignating subparagraph (D) as 

17 subparagraph (E); and 

18 (C) by inserting after subparagraph (C) 

19 the following new subparagraph: 

20 ‘‘(D) in the case of online registration 

21 through the official public website of an election 

22 official under section 6A, if the valid voter reg23 istration application is submitted online not 

24 later than the lesser of 30 days, or the period 

25 provided by State law, before the date of the 


pwalker on DSK7TPTVN1PROD with 
10 

•HR 289 IH

1 election (as determined by treating the date on 

2 which the application is sent electronically as 

3 the date on which it is submitted); and’’. 

4 (2) INFORMING APPLICANTS OF ELIGIBILITY

5 REQUIREMENTS AND PENALTIES.—Section 8(a)(5) 

6 of such Act (42 U.S.C. 1973gg–6(a)(5)) is amended 

7 by striking ‘‘and 7’’ and inserting ‘‘6A, and 7’’. 

8 SEC. 102. USE OF INTERNET TO UPDATE REGISTRATION IN9 FORMATION. 

10 (a) IN GENERAL.— 

11 (1) UPDATES TO INFORMATION CONTAINED ON

12 COMPUTERIZED STATEWIDE VOTER REGISTRATION

13 LIST.—Section 303(a) of the Help America Vote Act 

14 of 2002 (42 U.S.C. 15483(a)) is amended by adding 

15 at the end the following new paragraph: 

16 ‘‘(6) USE OF INTERNET BY REGISTERED VOT17 ERS TO UPDATE INFORMATION.— 

18 ‘‘(A) IN GENERAL.—The appropriate State 

19 or local election official shall ensure that any 

20 registered voter on the computerized list may at 

21 any time update the voter’s registration infor22 mation, including the voter’s address and elec23 tronic mail address, online through the official 

24 public website of the election official responsible 

25 for the maintenance of the list, so long as the 


pwalker on DSK7TPTVN1PROD with 
11 

•HR 289 IH

1 voter attests to the contents of the update by 

2 providing a signature in electronic form in the 

3 same manner required under section 6A(c) of 

4 the National Voter Registration Act of 1993. 

5 ‘‘(B) PROCESSING OF UPDATED INFORMA6 TION BY ELECTION OFFICIALS.—If a registered 

7 voter updates registration information under 

8 subparagraph (A), the appropriate State or 

9 local election official shall— 

10 ‘‘(i) revise any information on the 

11 computerized list to reflect the update 

12 made by the voter; and 

13 ‘‘(ii) if the updated registration infor14 mation affects the voter’s eligibility to vote 

15 in an election for Federal office, ensure 

16 that the information is processed with re17 spect to the election if the voter updates 

18 the information not later than the lesser of 

19 7 days, or the period provided by State 

20 law, before the date of the election. 

21 ‘‘(C) CONFIRMATION AND DISPOSITION.— 

22 ‘‘(i) CONFIRMATION OF RECEIPT.— 

23 Upon the online submission of updated 

24 registration information by an individual 

25 under this paragraph, the appropriate 


pwalker on DSK7TPTVN1PROD with 
12 

•HR 289 IH

1 State or local election official shall send 

2 the individual a notice confirming the 

3 State’s receipt of the updated information 

4 and providing instructions on how the indi5 vidual may check the status of the update. 

6 ‘‘(ii) NOTICE OF DISPOSITION.—As 

7 soon as the appropriate State or local elec8 tion official has accepted or rejected up9 dated information submitted by an indi10 vidual under this paragraph, the official 

11 shall send the individual a notice of the 

12 disposition of the update. 

13 ‘‘(iii) METHOD OF NOTIFICATION.— 

14 The appropriate State or local election offi15 cial shall send the notices required under 

16 this subparagraph by regular mail, and, in 

17 the case of an individual who has re18 quested that the State provide voter reg19 istration and voting information through 

20 electronic mail, by both electronic mail and 

21 regular mail.’’. 

22 (2) CONFORMING AMENDMENT RELATING TO

23 EFFECTIVE DATE.—Section 303(d)(1)(A) of such 

24 Act (42 U.S.C. 15483(d)(1)(A)) is amended by 


pwalker on DSK7TPTVN1PROD with 
13 

•HR 289 IH

1 striking ‘‘subparagraph (B)’’ and inserting ‘‘sub2 paragraph (B) and subsection (a)(6)’’. 

3 (b) ABILITY OF REGISTRANT TO USE ONLINE UP4 DATE TO PROVIDE INFORMATION ON RESIDENCE.—Sec5 tion 8(d)(2)(A) of the National Voter Registration Act of 

6 1993 (42 U.S.C. 1973gg–6(d)(2)(A)) is amended— 

7 (1) in the first sentence, by inserting after ‘‘re8 turn the card’’ the following: ‘‘or update the reg9 istrant’s information on the computerized Statewide 

10 voter registration list using the online method pro11 vided under section 303(a)(6) of the Help America 

12 Vote Act of 2002 (42 U.S.C. 15483(a)(6))’’; and 

13 (2) in the second sentence, by striking ‘‘re14 turned,’’ and inserting the following: ‘‘returned or if 

15 the registrant does not update the registrant’s infor16 mation on the computerized Statewide voter reg17 istration list using such online method,’’. 

18 TITLE II—AUTOMATED REG19 ISTRATION OF CERTAIN INDI20 VIDUALS 

21 SEC. 201. AUTOMATED VOTER REGISTRATION. 

22 (a) COLLECTION OF INFORMATION BY SOURCE

23 AGENCIES.— 

24 (1) DUTIES OF SOURCE AGENCIES.—Each 

25 source agency in a State (as defined in subsection 


pwalker on DSK7TPTVN1PROD with 
14 

•HR 289 IH

1 (e)) shall, with each application for services or as2 sistance by an individual, and with each recertifi3 cation, renewal, or change of address relating to 

4 such services or assistance— 

5 (A) notify each such individual of the sub6 stantive qualifications of an elector in the State, 

7 using language approved by the State’s chief 

8 election official; 

9 (B) notify each such individual that there 

10 is an opportunity to be registered to vote or up11 date voter registration, but that voter registra12 tion is voluntary, and that neither registering 

13 nor declining to register to vote will in any way 

14 affect the availability of services or benefits, nor 

15 be used for other purposes; 

16 (C) require that each such individual indi17 cate, after considering the substantive qualifica18 tion of an elector in the State, whether or not 

19 the person wishes to be registered; 

20 (D) ensure that each such individual’s 

21 transaction with the agency cannot be com22 pleted until the individual has indicated whether 

23 he or she wishes to register to vote; and 

24 (E) for each such individual who consents 

25 to using the individual’s records with the source 


pwalker on DSK7TPTVN1PROD with 
15 

•HR 289 IH

1 agency to enable the individual to register to 

2 vote under this section, collect a signed affirma3 tion of eligibility to register to vote in the State. 

4 (2) NO EFFECT ON RIGHT TO DECLINE VOTER

5 REGISTRATION.—Nothing in this subtitle shall be 

6 construed to interfere with the right of any person 

7 to decline to be registered to vote for any reason. 

8 (b) TRANSFER OF INFORMATION ON INDIVIDUALS

9 CONSENTING TO VOTER REGISTRATION.— 

10 (1) TRANSFER.—For each individual who noti11 fies the source agency that the individual consents to 

12 voter registration under this section, the source 

13 agency shall transfer to the chief State election offi14 cial of the State the following data, to the extent the 

15 data is available to the source agency: 

16 (A) The given name or names and sur17 name or surnames. 

18 (B) Date of birth. 

19 (C) Residential address. 

20 (D) Mailing address. 

21 (E) Signature, in electronic form. 

22 (F) Date of the last change to the infor23 mation. 

24 (G) The motor vehicle driver’s license 

25 number. 


pwalker on DSK7TPTVN1PROD with 
16 

•HR 289 IH

1 (H) The last four digits of the Social Secu2 rity number. 

3 (2) TIMING OF TRANSFER.—The source agency 

4 shall transfer the data described in paragraph (1) to 

5 the chief State election official on a daily basis. 

6 (3) FORMAT.—The data transferred under 

7 paragraph (1) shall be transferred in a format com8 patible with the Statewide computerized voter reg9 istration list under section 303 of the Help America 

10 Vote Act of 2002 (42 U.S.C. 15483). 

11 (4) PROHIBITING STORAGE OF INFORMATION.— 

12 Any information collected by the source agency 

13 under this section with respect to an individual who 

14 consents to register to vote under this section may 

15 not be stored by the source agency in any form after 

16 the information is transferred to the chief State elec17 tion official under paragraph (1). 

18 (c) REGISTRATION OF INDIVIDUALS BY CHIEF STATE

19 ELECTION OFFICIAL.— 

20 (1) COMPARISON WITH STATEWIDE VOTER REG21 ISTRATION LIST.—Upon receiving information from 

22 a source agency with respect to an individual under 

23 subsection (b), the chief State election official shall 

24 determine whether the individual is included in the 

25 computerized Statewide voter registration list estabVerDate Mar 15 2010 02:08 Jan 18, 2013 Jkt 029200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\H289.IH H289

pwalker on DSK7TPTVN1PROD with 
17 

•HR 289 IH

1 lished and maintained under section 303 of the Help 

2 America Vote Act of 2002 (42 U.S.C. 15483). 

3 (2) REGISTRATION OF INDIVIDUALS NOT ON

4 STATEWIDE LIST.—If an individual for whom infor5 mation is received from a source agency under sub6 section (b) is eligible to vote in elections for Federal 

7 office in the State and is not on the computerized 

8 Statewide voter registration list, the chief State elec9 tion official shall— 

10 (A) ensure that the individual is registered 

11 to vote in such elections not later than 5 days 

12 after receiving the information, without regard 

13 to whether or not the information provided by 

14 the source agency includes the individual’s sig15 nature; 

16 (B) update the Statewide computerized 

17 voter registration list to include the individual; 

18 and 

19 (C) notify the individual that the individual 

20 is registered to vote in elections for Federal of21 fice in the State. 

22 (3) TREATMENT OF INFORMATION INCOR23 RECTLY PROVIDED.—If a source agency provides the 

24 chief State election official with information with re25 spect to an individual who did not consent to be regVerDate Mar 15 2010 02:08 Jan 18, 2013 Jkt 029200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\H289.IH H289

pwalker on DSK7TPTVN1PROD with 
18 

•HR 289 IH

1 istered to vote under this section, the chief State 

2 election official shall not take any action to register 

3 the individual to vote, except that no such individual 

4 who is already included on the computerized State5 wide voter registration list shall be removed from the 

6 list solely because the information was incorrectly 

7 provided under subsection (b). 

8 (4) NO EFFECT ON OTHER MEANS OF REG9 ISTRATION.—Nothing in this section affects a 

10 State’s obligation to register voters upon receipt of 

11 a valid voter registration application through means 

12 provided by National Voter Registration Act of 1993 

13 (42 U.S.C. 1973gg et seq.), the Internet registration 

14 procedure described in section 101, or other valid 

15 means. 

16 (5) INDIVIDUALS IN EXISTING RECORDS.—No 

17 later than January 2015, each individual who is list18 ed in a source agency’s records and for whom there 

19 exists reason to believe the individual is a citizen 

20 and not otherwise ineligible to vote shall be mailed 

21 a postage pre-paid return postcard including a box 

22 for the individual to check, together with the state23 ment (in close proximity to the box and in promi24 nent type), ‘‘By checking this box, I affirm that I 

25 am a citizen of the United States, am eligible to vote 


pwalker on DSK7TPTVN1PROD with 
19 

•HR 289 IH

1 in this State, and will be at least eighteen years old 

2 by the next general election. I understand that by 

3 checking this box, I will be registered to vote if I am 

4 eligible to vote in the State.’’, along with a clear de5 scription of the voting eligibility requirements in the 

6 State. The postcard shall also include, where re7 quired for voter registration, a place for the individ8 ual’s signature and designation of party affiliation. 

9 An individual who checks the box and returns the 

10 completed postcard postmarked not later than the 

11 lesser of the fifteenth day before an election for Fed12 eral office, or the period provided by State law, shall 

13 be registered to vote in that election. 

14 (d) OPTIONS FOR STATE TO REQUIRE SPECIAL

15 TREATMENT OF INDIVIDUALS REGISTERED AUTOMATI16 CALLY.— 

17 (1) TREATMENT AS INDIVIDUALS REGISTERING

18 TO VOTE BY MAIL FOR PURPOSES OF FIRST-TIME

19 VOTER IDENTIFICATION REQUIREMENTS.—Section 

20 303(b)(1)(A) of the Help America Vote Act of 2002 

21 (42 U.S.C. 15483(b)(1)(A)), as amended by section 

22 101(b)(1), is amended by striking ‘‘of 1993’’ and in23 serting ‘‘of 1993 or (at the option of the State) was 

24 registered automatically under section 102 of the 


pwalker on DSK7TPTVN1PROD with 
20 

•HR 289 IH

1 Voting Line Reduction and Online Registration 

2 Act’’. 

3 (2) REQUIRING SIGNATURE.—Section 303(b) of 

4 such Act (42 U.S.C. 15483(b)), as amended by sec5 tion 101(b)(2), is amended— 

6 (A) by redesignating paragraph (6) as 

7 paragraph (7); and 

8 (B) by inserting after paragraph (5) the 

9 following new paragraph: 

10 ‘‘(6) OPTION FOR STATE TO REQUIRE SIGNA11 TURE REQUIREMENTS FOR FIRST-TIME VOTERS REG12 ISTERED AUTOMATICALLY.— 

13 ‘‘(A) IN GENERAL.—A State may, in a uni14 form and nondiscriminatory manner, require an 

15 individual to meet the requirements of subpara16 graph (B) if— 

17 ‘‘(i) the individual was registered to 

18 vote in the State automatically under sec19 tion 101 of the Voting Line Reduction and 

20 Online Registration Act; and 

21 ‘‘(ii) the individual has not previously 

22 voted in an election for Federal office in 

23 the State. 


pwalker on DSK7TPTVN1PROD with 
21 

•HR 289 IH

1 ‘‘(B) REQUIREMENTS.—An individual 

2 meets the requirements of this subparagraph 

3 if— 

4 ‘‘(i) in the case of an individual who 

5 votes in person, the individual provides the 

6 appropriate State or local election official 

7 with a handwritten signature; or 

8 ‘‘(ii) in the case of an individual who 

9 votes by mail, the individual submits with 

10 the ballot a handwritten signature. 

11 ‘‘(C) INAPPLICABILITY.—Subparagraph 

12 (A) does not apply in the case of an individual 

13 who is— 

14 ‘‘(i) entitled to vote by absentee ballot 

15 under the Uniformed and Overseas Citi16 zens Absentee Voting Act (42 U.S.C. 

17 1973ff–1 et seq.); 

18 ‘‘(ii) provided the right to vote other19 wise than in person under section 

20 3(b)(2)(B)(ii) of the Voting Accessibility 

21 for the Elderly and Handicapped Act (42 

22 U.S.C. 1973ee–1(b)(2)(B)(ii)); or 

23 ‘‘(iii) entitled to vote otherwise than 

24 in person under any other Federal law.’’. 


pwalker on DSK7TPTVN1PROD with 
22 

•HR 289 IH

1 (3) CONFORMING AMENDMENT RELATING TO

2 EFFECTIVE DATE.—Section 303(d)(2)(A) of such 

3 Act (42 U.S.C. 15483(d)(2)(A)), as amended by sec4 tion 101(b)(3), is amended by striking ‘‘subsection 

5 (b)(5)’’ and inserting ‘‘subsections (b)(5) and 

6 (b)(6)’’. 

7 (e) SOURCE AGENCIES DESCRIBED.— 

8 (1) IN GENERAL.—With respect to any State, a 

9 ‘‘source agency’’ is— 

10 (A) each State office which is described in 

11 paragraph (2); and 

12 (B) each Federal office which is described 

13 in paragraph (3) which is located in the State, 

14 except that such office shall be a source agency 

15 only with respect to individuals who are resi16 dents of the State in which the office is located. 

17 (2) STATE OFFICES DESCRIBED.— 

18 (A) IN GENERAL.—The State offices de19 scribed in this paragraph are as follows: 

20 (i) The State motor vehicle authority. 

21 (ii) Each office in the State which is 

22 designated as a voter registration agency 

23 in a State pursuant to section 7(a) of the 

24 National Voter Registration Act of 1993 

25 (42 U.S.C. 1973gg–5(a)). 


pwalker on DSK7TPTVN1PROD with 
23 

•HR 289 IH

1 (iii) Each State agency that admin2 isters a program providing assistance pur3 suant to pursuant to title III of the Social 

4 Security Act (42 U.S.C. 501 et seq.). 

5 (iv) Each State agency primarily re6 sponsible for maintaining identifying infor7 mation for students enrolled at public sec8 ondary schools in the State, including, 

9 where applicable, the State agency respon10 sible for maintaining the education data 

11 system described in section 6401(e)(2) of 

12 the America COMPETES Act (20 U.S.C. 

13 9871(e)(2)). 

14 (v) In the case of a State in which an 

15 individual disenfranchised by a criminal 

16 conviction may become eligible to vote 

17 upon completion of criminal sentence or 

18 any part thereof, or upon formal restora19 tion of rights, the State agency responsible 

20 for administering that sentence, or part 

21 thereof, or that restoration of rights. 

22 (vi) In the case of a State in which an 

23 individual disenfranchised by adjudication 

24 of mental incompetence or similar condi25 tion becomes eligible to register to vote 


pwalker on DSK7TPTVN1PROD with 
24 

•HR 289 IH

1 upon the restoration of competence or 

2 similar condition, each State agency re3 sponsible for determining when competence 

4 or a similar condition is met. 

5 (vii) Such other office which may be 

6 designated as a source agency by the chief 

7 State election official of the State. 

8 (B) CRITERIA FOR DESIGNATION OF ADDI9 TIONAL SOURCE AGENCIES.—In designating of10 fices of the State as source agencies for pur11 poses of subparagraph (A)(vii), the chief State 

12 election official shall give priority on the basis 

13 of the following criteria: 

14 (i) The extent to which individuals re15 ceiving services or assistance from the of16 fice are likely to be individuals who are eli17 gible to register to vote in elections for 

18 Federal office in the State but who are not 

19 registered to vote in such elections. 

20 (ii) The accuracy of the office’s 

21 records with respect to identifying informa22 tion (including age, citizenship status, and 

23 residency) for individuals receiving services 

24 or assistance from the office. 


pwalker on DSK7TPTVN1PROD with 
25 

•HR 289 IH

1 (iii) The cost-effectiveness of obtain2 ing such identifying information and trans3 mitting the information to the chief State 

4 election official. 

5 (iv) The extent to which the designa6 tion of the office as a voter registration 

7 agency will promote the registration of eli8 gible individuals to vote in elections for 

9 Federal office in the State and the accu10 racy of the State’s Statewide computerized 

11 voter registration list under the Help 

12 America Vote Act of 2002 (42 U.S.C. 

13 15301 et seq.). 

14 (3) FEDERAL OFFICES DESCRIBED.—The Fed15 eral offices described in this paragraph are as fol16 lows: 

17 (A) Armed Forces recruitment offices. 

18 (B) The United States Immigration and 

19 Customs Enforcement Bureau, but only with 

20 respect to individuals who complete the natu21 ralization process. 

22 (C) The Social Security Administration. 

23 (D) The Administrative Office of the 

24 United States Courts, the Federal Bureau of 

25 Prisons, and the United States Probation ServVerDate Mar 15 2010 02:08 Jan 18, 2013 Jkt 029200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\H289.IH H289

pwalker on DSK7TPTVN1PROD with 
26 

•HR 289 IH

1 ice, but only with respect to individuals com2 pleting terms of prison, sentences, probation, or 

3 parole. 

4 (E) The Department of Veterans Affairs, 

5 but only with respect to individuals applying for 

6 or using health care services or services for 

7 homeless individuals. 

8 (F) The Defense Manpower Data Center 

9 of the Department of Defense. 

10 (G) The Indian Health Services of the De11 partment of Health and Human Services. 

12 (H) The Center for Medicare and Medicaid 

13 Services of the Department of Health and 

14 Human Services. 

15 (I) Any other Federal office which is des16 ignated by a State (with the consent of the 

17 President) as a source agency with respect to 

18 the State. 

19 SEC. 202. LIST MAINTENANCE, PRIVACY, AND SECURITY. 

20 (a) DATABASE MANAGEMENT STANDARDS.— 

21 (1) DATABASE MATCHING STANDARDS.—The 

22 chief State election official of each State shall estab23 lish standards governing the comparison of data on 

24 the Statewide computerized voter registration list 

25 under section 303 of the Help America Vote Act of 


pwalker on DSK7TPTVN1PROD with 
27 

•HR 289 IH

1 2002 (42 U.S.C. 15483), the data provided by var2 ious source agencies under section 201, and relevant 

3 data from other sources, including the specific data 

4 elements and data matching rules to be used for 

5 purposes of determining— 

6 (A) whether a data record from any source 

7 agency represents the same individual as a 

8 record in another source agency or on the state9 wide list; 

10 (B) whether a data record from any source 

11 agency represents an individual already reg12 istered to vote in the State; 

13 (C) whether two data records in the state14 wide computerized voter registration list rep15 resent duplicate records for the same individual; 

16 (D) whether a data record supplied by any 

17 list maintenance source represents an individual 

18 already registered to vote in the State; and 

19 (E) which information will be treated as 

20 more current and reliable when data records 

21 from multiple sources present information for 

22 the same individual. 

23 (2) STANDARDS FOR DETERMINING INELIGI24 BILITY.—The chief State election official of a State 

25 shall establish uniform and non-discriminatory 


pwalker on DSK7TPTVN1PROD with 
28 

•HR 289 IH

1 standards describing the specific conditions under 

2 which an individual will be determined for list main3 tenance purposes to be ineligible to vote in an elec4 tion for Federal office in the State. 

5 (b) PRIVACY AND SECURITY STANDARDS.— 

6 (1) PRIVACY AND SECURITY POLICY.—The chief 

7 State election official of a State shall publish and 

8 enforce a privacy and security policy specifying each 

9 class of users who shall have authorized access to 

10 the computerized Statewide voter registration list, 

11 specifying for each such class the permission and 

12 levels of access to be granted, and setting forth 

13 other safeguards to protect the privacy and security 

14 of the information on the list. Such policy shall in15 clude security safeguards to protect personal infor16 mation in the data transfer process under section 

17 201, the online or telephone interface, the mainte18 nance of the voter registration database, and audit 

19 procedure to track individual access to the system. 

20 (2) NO UNAUTHORIZED ACCESS.—The chief 

21 State election official of a State shall establish poli22 cies and enforcement procedures to prevent unau23 thorized access to or use of the computerized state24 wide voter registration list, any list or other infor25 mation provided by a source agency under section 


pwalker on DSK7TPTVN1PROD with 
29 

•HR 289 IH

1 201, or any maintenance source for the list. Nothing 

2 in this paragraph shall be construed to prohibit ac3 cess to information required for purposes of voter 

4 registration, election administration, and the en5 forcement of election laws. 

6 (3) INTER-AGENCY TRANSFERS.— 

7 (A) IN GENERAL.—The chief State election 

8 official of a State shall establish policies and 

9 enforcement procedures to maintain security 

10 during inter-agency transfers of information re11 quired or permitted under this title. Each State 

12 agency and third party participating in such 

13 inter-agency transfers of information shall fa14 cilitate and comply with such policies. Nothing 

15 in this subparagraph shall prevent a source 

16 agency under section 201 from establishing and 

17 enforcing additional security measures to pro18 tect the confidentiality and integrity of inter19 agency data transfers. No State or local election 

20 official shall transfer or facilitate the transfer 

21 of information from the computerized statewide 

22 voter registration list to any source agency 

23 under section 201. 

24 (B) TRANSMISSION THROUGH SECURE

25 THIRD PARTIES PERMITTED.—Nothing in this 


pwalker on DSK7TPTVN1PROD with 
30 

•HR 289 IH

1 section shall be construed to prevent a source 

2 agency under section 201 from contracting with 

3 a third party to assist in the transmission of 

4 data to a chief State election official, so long as 

5 the data transmission complies with the appli6 cable requirements of this title, including the 

7 privacy and security provisions of this section. 

8 (4) RECORDS RETENTION.—The chief State 

9 election official of a State shall establish standards 

10 and procedures to maintain all election records re11 quired for purposes of this title, including for the 

12 purpose of determining the eligibility of persons 

13 casting provisional ballots under section 302 of the 

14 Help America Vote Act of 2002 (42 U.S.C. 15482). 

15 Records for individuals who have been retained on 

16 the computerized statewide voter registration list 

17 under section 301 of such Act (42 U.S.C. 15481) 

18 but identified as ineligible to vote in an election for 

19 Federal office within the State, or removed from the 

20 list due to ineligibility, shall be maintained and kept 

21 available until at least the date of the second general 

22 election for Federal office that occurs after the date 

23 that the individual was identified as ineligible. 

24 (c) PUBLICATION OF STANDARDS.—The chief State 

25 election official of a State shall publish on the official’s 


pwalker on DSK7TPTVN1PROD with 
31 

•HR 289 IH

1 website the standards established under this section, and 

2 shall make those standards available in written form upon 

3 public request. 

4 (d) PROTECTION OF SOURCE INFORMATION.—The 

5 identity of the specific source agency through which an 

6 individual consented to register to vote under section 201 

7 shall not be disclosed to the public and shall not be re8 tained after the individual is added to the computerized 

9 statewide voter registration list. 

10 (e) CONFIDENTIALITY OF PERSONAL INFORMA11 TION.—The chief State election official of a State shall 

12 establish policies and enforcement procedures to ensure 

13 that personal information provided by source agencies or 

14 otherwise transmitted under this section is kept confiden15 tial and is available only to authorized users. For purposes 

16 of these policies and procedures, the term ‘‘personal infor17 mation’’ means, with respect to an individual any of the 

18 following: 

19 (1) Any portion of a Social Security number. 

20 (2) Any portion of a vehicle driver’s license 

21 number or State identification card number. 

22 (3) A signature. 

23 (4) A personal residence and contact informa24 tion (in the case of an individuals with respect to 


pwalker on DSK7TPTVN1PROD with 
32 

•HR 289 IH

1 whom such information is required to be maintained 

2 as confidential under State law). 

3 (5) Sensitive information relating to any indi4 vidual in a category designated as confidential by 

5 Federal or State law, including a victim of domestic 

6 violence or stalking, a prosecutor and member of law 

7 enforcement personnel, and a participant in a wit8 ness protection program. 

9 (6) A phone number. 

10 (7) An email address. 

11 (8) Citizenship status. 

12 (9) Such other information as the chief State 

13 election official may designate as confidential to the 

14 extent reasonably necessary to prevent identity theft 

15 or impersonation, except that the chief State election 

16 official may not designate as confidential under this 

17 subparagraph the name, address, or date of registra18 tion of an individual, or, where applicable, the self19 identified racial or ethnic category of the individual 

20 as applicable under Revisions to OMB Directive 

21 Number 15 or successor directives. 

22 (f) PROTECTIONS AGAINST LIABILITY OF INDIVID23 UALS ON BASIS OF INFORMATION TRANSFERRED.— 

24 (1) NO INDIVIDUAL LIABILITY FOR REGISTRA25 TION OF INELIGIBLE INDIVIDUAL.—If an individual 


pwalker on DSK7TPTVN1PROD with 
33 

•HR 289 IH

1 who is not eligible to register to vote in elections for 

2 Federal office is registered to vote in such elections 

3 by a chief State election official under section 201, 

4 the individual shall not be subject to any penalty, in5 cluding the imposition of a fine or term of imprison6 ment, adverse treatment in any immigration or nat7 uralization proceeding, or the denial of any status 

8 under immigration laws, under any law prohibiting 

9 an individual who is not eligible to register to vote 

10 in elections for Federal office from registering to 

11 vote in such elections. Nothing in this paragraph 

12 shall be construed to waive the liability of any indi13 vidual who knowingly provides false information to 

14 any person regarding the individual’s eligibility to 

15 register to vote or vote in elections for Federal of16 fice. 

17 (2) PROHIBITING USE OF INFORMATION BY OF18 FICIALS.—No person acting under color of law may 

19 use the information received by the chief State elec20 tion official under section 201 to attempt to deter21 mine the citizenship status of any individual for im22 migration enforcement, criminal law enforcement 

23 (other than enforcement of election laws), or any 

24 purpose other than voter registration, election ad25 ministration, or the enforcement of election laws. 


pwalker on DSK7TPTVN1PROD with 
34 

•HR 289 IH

1 (g) PROHIBITION ON TRANSFER OF INFORMATION

2 IRRELEVANT TO ADMINISTRATION OF ELECTIONS.—No 

3 source agency shall transmit any information under sec4 tion 201 which is irrelevant to the administration of elec5 tions. To the extent that an election official receives any 

6 information which is accidentally or inadvertently trans7 ferred by a source agency under such section, the official 

8 shall immediately delete the information from the official’s 

9 records. 

10 (h) RESTRICTION ON USE OF INFORMATION.—No in11 formation relating to an individual’s absence from the 

12 statewide voter registration list under section 303 of the 

13 Help America Vote Act of 2002 (42 U.S.C. 15483) or an 

14 individual’s declination to supply information for voter 

15 registration purposes to a source agency under section 201 

16 may be disclosed to the public for immigration enforce17 ment, criminal law enforcement other than enforcement 

18 of laws against election crimes, or used for any purpose 

19 other than voter registration, election administration, or 

20 the enforcement of election laws. 

21 (i) NONDISCRIMINATION.—No person acting under 

22 color of law may discriminate against any individual on 

23 the basis of the individual’s absence from the statewide 

24 voter registration list, the information supplied by the in25 dividual for voter registration purpose to a source agency 


pwalker on DSK7TPTVN1PROD with 
35 

•HR 289 IH

1 under section 201, or the individual’s declination to supply 

2 such information, except as required for purposes of voter 

3 registration, election administration, and the enforcement 

4 of election laws. 

5 (j) PROHIBITION ON THE USE OF VOTER REGISTRA6 TION INFORMATION FOR COMMERCIAL OR NON-GOVERN7 MENTAL PURPOSES.—Voter registration information col8 lected under this title shall not be used for commercial 

9 purposes including for comparison with any existing com10 mercial list or database. 

11 (k) PENALTY.—Whoever knowingly uses information 

12 or permits information to be used in violation of this sec13 tion shall be imprisoned for not more than 1 year, fined 

14 under title 18, United States Code, or both. 

15 (l) EXCLUSION FROM LISTS OF INDIVIDUALS DE16 CLINING REGISTRATION.—The chief State election official 

17 of a State shall ensure that, with respect to any individual 

18 who declines the opportunity to register to vote under sec19 tion 201, the individual’s information is not included on 

20 the computerized Statewide voter registration list under 

21 section 303 of the Help America Vote Act of 2002 (42 

22 U.S.C. 15483) and is not provided to any third party (ex23 cept to the extent required under another Federal or State 

24 law). Nothing in this subsection shall be construed to pre25 clude an individual who has previously declined the opporVerDate Mar 15 2010 02:08 Jan 18, 2013 Jkt 029200 PO 00000 Frm 00035 Fmt 6652 Sfmt 6201 E:\BILLS\H289.IH H289

pwalker on DSK7TPTVN1PROD with 
36 

•HR 289 IH

1 tunity to register to vote from subsequently registering to 

2 vote. 

3 SEC. 203. PROMOTING ACCURACY OF STATEWIDE VOTER 

4 REGISTRATION LISTS. 

5 (a) DEADLINES FOR TRANSMITTAL OF CHANGE OF

6 ADDRESS OR OTHER IDENTIFYING INFORMATION.— 

7 (1) INFORMATION RECEIVED BY STATE MOTOR

8 VEHICLE AUTHORITY.—Section 5(d) of the National 

9 Voter Registration Act of 1993 (42 U.S.C. 1973gg– 

10 3(d)) is amended to read as follows: 

11 ‘‘(d) AUTOMATIC TRANSMITTAL OF CHANGE OF AD12 DRESS OR OTHER IDENTIFYING INFORMATION.—Not 

13 later than 24 hours after receiving a change of address 

14 form or any other information indicating that identifying 

15 information with respect to an individual which is included 

16 in the records of the State motor vehicle authority has 

17 been changed, the State motor vehicle authority shall 

18 transmit such form or other information to the chief State 

19 election official, unless— 

20 ‘‘(1) the records of the authority include infor21 mation indicating that the individual is not eligible 

22 to register to vote in the State; or 

23 ‘‘(2) the individual states on the form or other24 wise indicates that the change of address or other 

25 information is not for voter registration purposes.’’. 


pwalker on DSK7TPTVN1PROD with 
37 

•HR 289 IH

1 (2) INFORMATION RECEIVED BY OTHER VOTER

2 REGISTRATION AGENCIES.—Section 7 of such Act 

3 (42 U.S.C. 1973gg–5) is amended by adding at the 

4 end the following new subsection: 

5 ‘‘(e) AUTOMATIC TRANSMITTAL OF CHANGE OF AD6 DRESS OR OTHER IDENTIFYING INFORMATION.—Not 

7 later than 24 hours after receiving a change of address 

8 form or any other information indicating that identifying 

9 information with respect to an individual which is included 

10 in the records of a voter registration agency designated 

11 under this section has been changed, the appropriate offi12 cial of such agency shall transmit such form or other in13 formation to the chief State election official, unless— 

14 ‘‘(1) the records of the agency include informa15 tion indicating that the individual is not eligible to 

16 register to vote in the State; or 

17 ‘‘(2) the individual states on the form or other18 wise indicates that the change of address or other 

19 information is not for voter registration purposes.’’. 

20 (3) INFORMATION RECEIVED FROM SOURCE

21 AGENCIES.—Not later than 24 hours after receiving 

22 a change of address form or any other information 

23 indicating that identifying information with respect 

24 to an individual which is included in the records of 

25 a source agency designated under section 201 has 


pwalker on DSK7TPTVN1PROD with 
38 

•HR 289 IH

1 been changed, the appropriate official of such agency 

2 shall transmit such form or other information to the 

3 chief State election official, unless— 

4 (A) the records of the agency include infor5 mation indicating that the individual is not eli6 gible to register to vote in the State; or 

7 (B) the individual states on the form or 

8 otherwise indicates that the change of address 

9 or other information is not for voter registra10 tion purposes. 

11 (b) REVISION OF STATEWIDE COMPUTERIZED LIST

12 TO REFLECT REVISED INFORMATION.—Section 303(a) of 

13 the Help America Vote Act of 2002 (42 U.S.C. 15483(a)), 

14 as amended by section 102(a), is amended by adding at 

15 the end the following new paragraph: 

16 ‘‘(7) REVISION OF LIST TO REFLECT INFORMA17 TION RECEIVED FROM OTHER STATE OFFICES.— 

18 ‘‘(A) IN GENERAL.—If a State motor vehi19 cle authority (pursuant to section 5(d) of the 

20 National Voter Registration Act of 1993 (42 

21 U.S.C. 1973gg–3(d))) a voter registration agen22 cy (designated under section 7 of such Act (42 

23 U.S.C. 1973gg–5)), or a source agency (des24 ignated under section 201 of the Voting Line 

25 Reduction and Online Registration Act) transVerDate Mar 15 2010 02:08 Jan 18, 2013 Jkt 029200 PO 00000 Frm 00038 Fmt 6652 Sfmt 6201 E:\BILLS\H289.IH H289

pwalker on DSK7TPTVN1PROD with 
39 

•HR 289 IH

1 mits to the chief State election official a change 

2 of address form or any other information indi3 cating that identifying information with respect 

4 to an individual has been changed, the appro5 priate State or local election official shall— 

6 ‘‘(i) determine whether the individual 

7 appears on the computerized list estab8 lished under this section; and 

9 ‘‘(ii) if the individual appears on the 

10 list, revise the information relating to the 

11 individual on the list to reflect the individ12 ual’s new address or other changed identi13 fying information. 

14 ‘‘(B) NOTIFICATION TO VOTERS.—If an 

15 election official revises any voter registration in16 formation on the computerized list with respect 

17 to any voter (including removing the voter from 

18 the list), immediately after revising the infor19 mation, the official shall send the individual a 

20 written notice of the revision which includes the 

21 following information: 

22 ‘‘(i) The voter’s name, date of birth, 

23 and address, as reflected in the revised in24 formation on the computerized list. 


pwalker on DSK7TPTVN1PROD with 
40 

•HR 289 IH

1 ‘‘(ii) A statement that the voter’s 

2 voter registration information has been up3 dated. 

4 ‘‘(iii) Information on how to correct 

5 information on the computerized list. 

6 ‘‘(iv) A statement of the eligibility re7 quirements for registered voters in the 

8 State. 

9 ‘‘(v) A statement (in larger font size 

10 than the other statements on the notice) 

11 that it is illegal for an individual who does 

12 not meet the eligibility requirements for 

13 registered voters in the State to vote in an 

14 election in the State. 

15 ‘‘(vi) A statement that the voter may 

16 terminate the voter’s status as a registered 

17 voter in the State, or request a change in 

18 the voter’s voter registration information, 

19 at any time by contacting the appropriate 

20 State or local election official, together 

21 with contact information for such official 

22 (including any website through which the 

23 voter may contact the official or obtain in24 formation on voter registration in the 

25 State). 


pwalker on DSK7TPTVN1PROD with 
41 

•HR 289 IH

1 ‘‘(C) USE OF ELECTRONIC MAIL.—If an 

2 election official has an electronic mail address 

3 for any voter to whom the official is required to 

4 send a written notice under this paragraph, the 

5 official may meet the requirements of this para6 graph by sending the notice to the voter in elec7 tronic form at that address, but only if prior to 

8 sending the notice, the official sends a test elec9 tronic mail to the voter at that address and re10 ceives confirmation that the address is current 

11 and valid.’’. 

12 (c) EFFECTIVE DATE.—The amendments made by 

13 this section shall apply with respect to elections occurring 

14 during 2014 or any succeeding year. 

15 SEC. 204. DEFINITIONS. 

16 (a) CHIEF STATE ELECTION OFFICIAL.—In this 

17 title, the term ‘‘chief State election official’’ means, with 

18 respect to a State, the individual designated by the State 

19 under section 10 of the National Voter Registration Act 

20 of 1993 (42 U.S.C. 1973gg–8) to be responsible for co21 ordination of the State’s responsibilities under such Act. 

22 (b) STATE.—In this title, the term ‘‘State’’ includes 

23 the District of Columbia, the Commonwealth of Puerto 

24 Rico, the United States Virgin Islands, Guam, and Amer25 ican Samoa, but does not include any State in which, 


pwalker on DSK7TPTVN1PROD with 
42 

•HR 289 IH

1 under a State law in effect continuously on and after the 

2 date of the enactment of this Act, there is no voter reg3 istration requirement for individuals in the State with re4 spect to elections for Federal office. 

5 TITLE III—SHORTENING VOTER 

6 WAIT TIMES AND EARLY VOTING 

7 SEC. 301. EQUITABLE ALLOCATION OF VOTING SYSTEMS, 

8 POLL WORKERS, AND ELECTION RESOURCES. 

9 (a) IN GENERAL.—Title III of the Help America 

10 Vote Act of 2002 (42 U.S.C. 15481 et seq.) is amended 

11 by adding at the end the following new subtitle: 

12 ‘‘Subtitle C—Additional 

13 Requirements 

14 ‘‘SEC. 321. MINIMUM REQUIRED VOTING SYSTEMS AND 

15 POLL WORKERS. 

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

17 minimum required number of voting systems, poll workers, 

18 and other election resources (including all other physical 

19 resources) for each voting site on the day of any Federal 

20 election and on any days during which such State allows 

21 early voting for a Federal election in accordance with the 

22 standards determined under subsection (c). 

23 ‘‘(b) VOTING SITE.—For purposes of this section, the 

24 term ‘voting site’ means a polling location, except that in 


pwalker on DSK7TPTVN1PROD with 
43 

•HR 289 IH

1 the case of any polling location which serves more than 

2 1 precinct, such term shall mean a precinct. 

3 ‘‘(c) GUIDANCE AND STANDARDS.— 

4 ‘‘(1) IN GENERAL.—Not later than January 1, 

5 2014, the Commission shall conduct a study and 

6 then issue standards that establish a minimum num7 ber of voting systems, poll workers, and other elec8 tion resources (including all other physical re9 sources) for each voting site on the day of any Fed10 eral election and on any days during which early vot11 ing is allowed for a Federal election. 

12 ‘‘(2) DISTRIBUTION.— 

13 ‘‘(A) IN GENERAL.—The standards de14 scribed in paragraph (1) shall provide for a uni15 form and nondiscriminatory distribution of such 

16 systems, workers, and other resources, and, to 

17 the extent possible, shall take into account, 

18 among other factors, the following: 

19 ‘‘(i) The voting age population. 

20 ‘‘(ii) Voter turnout in past elections. 

21 ‘‘(iii) The number of voters registered. 

22 ‘‘(iv) The number of voters who have 

23 registered since the most recent Federal 

24 election. 


pwalker on DSK7TPTVN1PROD with 
44 

•HR 289 IH

1 ‘‘(v) Census data for the population 

2 served by such voting site. 

3 ‘‘(vi) The educational levels and socio4 economic factors of the population served 

5 by such voting site. 

6 ‘‘(vii) The needs and numbers of vot7 ers with disabilities and voters with limited 

8 English proficiency. 

9 ‘‘(viii) The type of voting systems 

10 used. 

11 ‘‘(B) NO FACTOR DISPOSITIVE.—The 

12 standards shall provide that the distribution of 

13 such systems should take into account the total14 ity of all relevant factors, and no single factor 

15 shall be dispositive under the standards. 

16 ‘‘(C) PURPOSE.—To the extent possible, 

17 the standards shall provide for a distribution of 

18 voting systems, poll workers, and other election 

19 resources with the goals of— 

20 ‘‘(i) ensuring a fair and equitable 

21 waiting time for all voters in the State; 

22 and 

23 ‘‘(ii) preventing a waiting time of over 

24 1 hour at any voting site. 


pwalker on DSK7TPTVN1PROD with 
45 

•HR 289 IH

1 ‘‘(3) DEVIATION.—The standards described in 

2 paragraph (1) shall permit States, upon giving rea3 sonable public notice, to deviate from any allocation 

4 requirements in the case of unforeseen cir5 cumstances such as a natural disaster or terrorist 

6 attack. 

7 ‘‘SEC. 322. ALLOCATION OF ELECTION RESOURCES. 

8 ‘‘(a) STATE PLANS TO PREVENT UNREASONABLE

9 VOTER WAITING TIMES.— 

10 ‘‘(1) IN GENERAL.—Not later than 60 days be11 fore each election for Federal office, each State shall 

12 submit a written plan to the Commission describing 

13 the measures it is implementing to ensure, to the 

14 greatest extent possible, an equitable waiting time 

15 for all voters in the State, and a waiting time of less 

16 than 1 hour at any polling place in the election. 

17 ‘‘(2) PUBLICATION.—Not later than 30 days 

18 after receiving a State plan under paragraph (1), 

19 the Commission shall make the plan available to the 

20 public. 

21 ‘‘(b) REMEDIAL PLANS FOR STATES WITH EXCES22 SIVE VOTER WAIT TIMES.— 

23 ‘‘(1) COMPLIANCE WITH STATE REMEDIAL

24 PLANS.— 


pwalker on DSK7TPTVN1PROD with 
46 

•HR 289 IH

1 ‘‘(A) REMEDIAL PLANS.—Each jurisdiction 

2 for which the Commission determines that a 

3 substantial number of voters waited more than 

4 90 minutes to cast a vote in an election for 

5 Federal office, or in which there were substan6 tial violations of the standards established 

7 under section 321(c) with respect to an election 

8 for Federal office, shall comply with a State re9 medial plan established by the Commission to 

10 provide for the effective allocation of resources 

11 to administer elections held in the State and to 

12 reduce the waiting time of voters. 

13 ‘‘(B) COORDINATION WITH ATTORNEY

14 GENERAL AND STATES.—Each remedial plan 

15 established by the Commission shall provide for 

16 coordination between the Commission, the At17 torney General, and the State involved to mon18 itor the compliance of the State with the reme19 dial plan during the period leading up to the 

20 election and on the date of the election and to 

21 respond to serious delays in the ability of voters 

22 to cast their ballots at polling places. 

23 ‘‘(2) JURISDICTION DEFINED.—For purposes of 

24 this paragraph, the term ‘jurisdiction’ has the mean25 ing given the term ‘registrar’s jurisdiction’ in section 


pwalker on DSK7TPTVN1PROD with 
47 

•HR 289 IH

1 8(j) of the National Voter Registration Act of 1993 

2 (42 U.S.C. 1973gg–6(j)). 

3 ‘‘(c) EMERGENCY BALLOTS.— 

4 ‘‘(1) IN GENERAL.—In the event of a failure of 

5 voting equipment or other circumstance at a polling 

6 place that causes an unreasonable delay, any indi7 vidual who is waiting at the polling place to cast a 

8 ballot in an election for Federal office at the time 

9 of the failure shall be advised immediately of the in10 dividuals right to use an emergency paper ballot, 

11 and upon request shall be provided with an emer12 gency paper ballot for the election and the supplies 

13 necessary to mark the ballot. 

14 ‘‘(2) DISPOSITION OF BALLOT.—Any emergency 

15 paper ballot which is cast by an individual under 

16 this subsection shall be counted in the same manner 

17 as a regular ballot, unless the individual casting the 

18 ballot would have otherwise been required to cast a 

19 provisional ballot in the absence of the delay, in 

20 which case that ballot shall be treated in the same 

21 manner as a provisional ballot.’’. 

22 (b) CLERICAL AMENDMENTS.—The table of contents 

23 of such Act is amended by adding at the end of the items 

24 relating to title III the following: 

‘‘Subtitle C—Additional Requirements 


pwalker on DSK7TPTVN1PROD with 
48 

•HR 289 IH

‘‘Sec. 321. Minimum required voting systems and poll workers. 

‘‘Sec. 322. Allocation of election resources.’’. 

1 SEC. 302. EARLY VOTING. 

2 (a) REQUIREMENTS.—Subtitle C of title III of the 

3 Help America Vote Act of 2002, as added by section 301, 

4 is amended by adding at the end the following new section: 

5 ‘‘SEC. 323. EARLY VOTING. 

6 ‘‘(a) IN GENERAL.—During the 7-day period (or, at 

7 the option of the State, a longer period) which ends on 

8 the date of an election for Federal office, each State shall 

9 allow individuals to vote in the election in the same man10 ner as voting is allowed on the date of such election. 

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

12 Each polling place which allows voting prior to the day 

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

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

15 on each day (other than Sunday); and 

16 ‘‘(2) have minimum uniform hours each day for 

17 which such voting occurs. 

18 ‘‘(c) STANDARDS FOR EARLY VOTING.— 

19 ‘‘(1) STANDARDS.— 

20 ‘‘(A) IN GENERAL.—The Commission shall 

21 issue standards for the administration of voting 

22 prior to the day scheduled for a Federal elec23 tion. 


pwalker on DSK7TPTVN1PROD with 
49 

•HR 289 IH

1 ‘‘(B) STANDARDS FOR POLLING PLACES.— 

2 Such standards shall include the nondiscrim3 inatory geographic placement of polling places 

4 at which such voting occurs and the public list5 ing of the date, time, and location of polling 

6 places no earlier than 10 days before the date 

7 on which such voting begins. 

8 ‘‘(C) CONSULTATION.—Such standards 

9 shall be developed in consultation with civil 

10 rights, voting rights, and voting protection or11 ganizations, State and local election officials, 

12 and other interested members of the commu13 nity. 

14 ‘‘(2) DEVIATION.—The standards described in 

15 paragraph (1) shall permit States, upon giving rea16 sonable public notice, to deviate from any require17 ment in the case of unforeseen circumstances such 

18 as a natural disaster or a terrorist attack.’’. 

19 (b) CLERICAL AMENDMENT.—The table of contents 

20 of such Act, as amended by section 301, is amended by 

21 adding at the end of the items relating to subtitle C of 

22 title III the following: 

‘‘Sec. 323. Early voting.’’. 


pwalker on DSK7TPTVN1PROD with 
50 

•HR 289 IH

1 SEC. 303. CONFORMING AMENDMENT TO ENFORCEMENT 

2 PROVISION. 

3 Section 401 of the Help America Vote Act of 2002 

4 (42 U.S.C. 15511) is amended by striking ‘‘sections 301, 

5 302, and 303’’ and inserting ‘‘subtitles A and C of title 

6 III’’. 

7 TITLE IV—GENERAL 

8 PROVISIONS 

9 SEC. 401. EFFECTIVE DATE. 

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

11 (b) and section 203(c), the amendments made by this Act 

12 shall take effect on January 1, 2014. 

13 (b) WAIVER.—Subject to the approval of the Election 

14 Assistance Commission, if a State certifies to the Election 

15 Assistance Commission that the State will not meet the 

16 deadline referred to in subsection (a) because of extraor17 dinary circumstances and includes in the certification the 

18 reasons for the failure to meet the deadline, subsection 

19 (a) shall apply to the State as if the reference in such 

20 subsection to ‘‘January 1, 2014’’ were a reference to 

21 ‘‘January 1, 2016’’. 

Æ 


pwalker on DSK7TPTVN1PROD with