I 

111TH CONGRESS 

1ST SESSION H. R. 105 

To protect voting rights and to improve the administration of Federal 

elections, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 6, 2009 

Mr. CONYERS (for himself, Mr. NADLER of New York, Ms. JACKSON-LEE of 

Texas, Mr. WEXLER, and Mr. COHEN) introduced the following bill; 

which was referred to the Committee on the Judiciary, and in addition 

to the Committees on House Administration and Oversight and Government Reform, for a period to be subsequently determined by the Speaker, 

in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To protect voting rights and to improve the administration 

of Federal elections, and for other purposes. 

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

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

5 ‘‘Voting Opportunity and Technology Enhancement 

6 Rights Act of 2009’’. 

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

8 this Act is as follows: 


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Sec. 1. Short title; table of contents. 

TITLE I—IMPROVING ELECTION ADMINISTRATION 

Sec. 101. National Federal write-in absentee ballot. 

Sec. 102. Verified ballots; preservation. 

Sec. 103. Requirements for counting provisional ballots. 

Sec. 104. Minimum requirements for voting systems and poll workers in polling 

places. 

Sec. 105. Election day registration. 

Sec. 106. Integrity of voter registration list. 

Sec. 107. Early voting. 

Sec. 108. Improvements to voting systems. 

Sec. 109. Voter registration. 

Sec. 110. Establishing voter identification. 

Sec. 111. Impartial administration of elections. 

Sec. 112. Strengthening the Election Assistance Commission. 

Sec. 113. Additional protections to ensure fair administration of Federal elections. 

Sec. 114. Authorization of appropriations. 

Sec. 115. Effective date. 

TITLE II—PROHIBITING DECEPTIVE PRACTICES 

Sec. 201. Prohibition on deceptive practices in Federal elections. 

Sec. 202. Modification of penalty for voter intimidation. 

Sec. 203. Sentencing guidelines. 

Sec. 204. Reporting violations and remedial action. 

TITLE III—PROHIBITING VOTER CAGING 

Sec. 301. Voter caging and other questionable challenges prohibited. 

Sec. 302. Severability. 

TITLE IV—RESTORING VOTING RIGHTS 

Sec. 401. Rights of citizens. 

Sec. 402. Enforcement. 

Sec. 403. Notification of restoration of voting rights. 

Sec. 404. Definitions. 

Sec. 405. Relation to other laws. 

Sec. 406. Federal prison funds. 

Sec. 407. Effective date. 

TITLE V—ELECTION DAY AS LEGAL PUBLIC HOLIDAY 

Sec. 501. Treatment of election day in same manner as legal public holiday for 

purposes of Federal employment. 

Sec. 502. Study by Comptroller General of impact on voter participation. 

Sec. 503. Sense of Congress regarding treatment of day by private employers. 


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1 TITLE I—IMPROVING ELECTION 

2 ADMINISTRATION 

3 SEC. 101. NATIONAL FEDERAL WRITE-IN ABSENTEE BAL4 LOT. 

5 (a) REQUIRING STATES TO ACCEPT BALLOT.— 

6 (1) IN GENERAL.—Title III of the Help Amer7 ica Vote Act of 2002 (42 U.S.C. 15481 et seq.) is 

8 amended by adding at the end the following new 

9 subtitle: 

10 ‘‘Subtitle C—Additional 

11 Requirements 

12 ‘‘SEC. 321. USE OF NATIONAL FEDERAL WRITE-IN ABSEN13 TEE BALLOT. 

14 ‘‘(a) IN GENERAL.—Any person who is otherwise 

15 qualified to vote in a Federal election in a State shall be 

16 permitted to use the national Federal write-in absentee 

17 ballot prescribed by the Commission under section 297 to 

18 cast a vote in an election for Federal office. 

19 ‘‘(b) SUBMISSION AND PROCESSING.— 

20 ‘‘(1) IN GENERAL.—Except as otherwise pro21 vided in this section, a national Federal write-in ab22 sentee ballot shall be submitted and processed in the 

23 manner provided under the standards prescribed by 

24 the Commission under section 297(b). 


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1 ‘‘(2) DEADLINE.—An otherwise eligible national 

2 Federal write-in absentee ballot shall be counted if 

3 postmarked or signed before the close of the polls on 

4 election day and received by the appropriate State 

5 election official on or before the date which is 10 

6 days after the date of the election or the date pro7 vided for receipt of absentee ballots under State law, 

8 whichever is later. 

9 ‘‘(c) SPECIAL RULES.—The following rules shall 

10 apply with respect to national Federal write-in absentee 

11 ballots: 

12 ‘‘(1) In completing the ballot, the voter may 

13 designate a candidate by writing in the name of the 

14 candidate or by writing in the name of a political 

15 party (in which case the ballot shall be counted for 

16 the candidate of that political party). 

17 ‘‘(2) In the case of the offices of President and 

18 Vice President, a vote for a named candidate or a 

19 vote by writing in the name of a political party shall 

20 be counted as a vote for the electors supporting the 

21 candidate involved. 

22 ‘‘(3) Any abbreviation, misspelling, or other 

23 minor variation in the form of the name of a can24 didate or a political party shall be disregarded in de25 termining the validity of the ballot. 


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1 ‘‘(d) EFFECTIVE DATE.—Each State shall be re2 quired to comply with the requirements of this section on 

3 and after January 1, 2011.’’. 

4 (2) CONFORMING AMENDMENT RELATING TO

5 ENFORCEMENT.—Section 401 of the Help America 

6 Vote Act of 2002 (42 U.S.C. 15511) is amended by 

7 striking ‘‘and 303’’ and inserting ‘‘303, and subtitle 

8 C’’. 

9 (3) CLERICAL AMENDMENT.—The table of con10 tents of title III of such Act is amended by adding 

11 at the end the following: 

‘‘Subtitle C—Additional Requirements 

‘‘Sec. 321. Use of national Federal write-in absentee ballot.’’. 

12 (b) GUIDANCE AND STANDARDS FOR NATIONAL

13 FEDERAL WRITE-IN ABSENTEE BALLOT.— 

14 (1) IN GENERAL.—Title II of the Help America 

15 Vote Act of 2002 (42 U.S.C. 15321 et seq.) is 

16 amended by adding at the end the following new 

17 subtitle: 

18 ‘‘Subtitle E—Guidance and 

19 Standards 

20 ‘‘SEC. 297. NATIONAL FEDERAL WRITE-IN ABSENTEE BAL21 LOT. 

22 ‘‘(a) FORM OF BALLOT.—The Commission shall pre23 scribe a national Federal write-in absentee ballot (includVerDate Nov 24 2008 01:25 Jan 09, 2009 Jkt 079200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H105.IH H105

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1 ing a secrecy envelope and mailing envelope for such bal2 lot) for use in elections for Federal office. 

3 ‘‘(b) STANDARDS.—The Commission shall prescribe 

4 standards for— 

5 ‘‘(1) distributing the national Federal write-in 

6 absentee ballot, including standards for distributing 

7 such ballot through the Internet; and 

8 ‘‘(2) processing and submission of the national 

9 Federal write-in absentee ballot.’’. 

10 (2) CONFORMING AMENDMENT.—Section 202 

11 of the Help America Vote Act of 2002 (42 U.S.C. 

12 15322) is amended— 

13 (A) by redesignating paragraphs (5) and 

14 (6) as paragraphs (6) and (7); and 

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

16 following new paragraph: 

17 ‘‘(5) carrying out the duties described in sub18 title E;’’. 

19 (3) CLERICAL AMENDMENT.—The table of con20 tents for title II of such Act is amended by adding 

21 at the end the following: 

‘‘Subtitle E—Guidance and Standards 

‘‘Sec. 297. National Federal write-in absentee ballot.’’. 

22 (c) COORDINATION WITH UNIFORMED AND OVER23 SEAS CITIZENS ABSENTEE VOTING ACT.— 


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1 (1) IN GENERAL.—The Presidential designee 

2 under the Uniformed and Overseas Absentee Voting 

3 Act, in consultation with the Election Assistance 

4 Commission, shall facilitate the use and return of 

5 the national Federal write-in ballot prescribed by the 

6 Commission under section 297 of the Help America 

7 Vote Act of 2002 (as added by subsection (b)(1)) for 

8 absent uniformed service voters and overseas voters 

9 so that such voters face no greater difficulties in the 

10 submission and processing of their ballots than those 

11 faced by absentee voters who reside in the United 

12 States. 

13 (2) DEFINITIONS.—The terms ‘‘absent uni14 formed service voter’’ and ‘‘overseas voter’’ shall 

15 have the meanings given such terms by section 107 

16 of the Uniformed and Overseas Citizens Absentee 

17 Voting Act (42 U.S.C. 1973gg–6). 

18 SEC. 102. VERIFIED BALLOTS; PRESERVATION. 

19 (a) VERIFICATION.— 

20 (1) IN GENERAL.—Section 301(a) of the Help 

21 America Vote Act of 2002 (42 U.S.C. 15481(a)) is 

22 amended by adding at the end the following new 

23 paragraph: 


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1 ‘‘(7) VERIFIED BALLOTS.—In order to meet the 

2 requirements of paragraph (1)(A)(i), on and after 

3 January 1, 2011: 

4 ‘‘(A) The voting system shall provide an 

5 independent means of voter verification which 

6 meets the requirements of subparagraph (B) 

7 and which allows each voter to verify the accu8 racy of the ballot before it is cast and counted, 

9 and to correct any errors before the record of 

10 the ballot is produced and preserved under this 

11 paragraph and paragraph (2)(B)(iii). 

12 ‘‘(B) A means of voter verification meets 

13 the requirements of this subparagraph if the 

14 voting system allows the voter to choose from 

15 one of the following options to verify the voter’s 

16 vote selection: 

17 ‘‘(i) A paper record. 

18 ‘‘(ii) An audio record. 

19 ‘‘(iii) A pictorial record. 

20 ‘‘(iv) An electronic record or other 

21 means that provides for voter verification 

22 that is accessible for individuals with dis23 abilities, including nonvisual accessibility 

24 for the blind and visually impaired, in a 

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1 pendence equal to that provided for other 

2 voters. 

3 ‘‘(C) Any means of verification described 

4 in clause (ii), (iii), or (iv) of subparagraph (B) 

5 must provide verification which is equal or su6 perior to verification through the use of a paper 

7 record. 

8 ‘‘(D) None of the means of verification 

9 under this paragraph may employ cryptography 

10 in the record.’’. 

11 (2) CONFORMING AMENDMENT.—Clause (i) of 

12 section 301(a)(1)(A) of such Act (42 U.S.C. 

13 15481(a)(1)(A)(i)) is amended by inserting ‘‘and 

14 consistent with the requirements of paragraphs (2), 

15 (4), and (7)’’ after ‘‘independent manner’’. 

16 (b) PRESERVATION OF RECORDS.—Section 

17 301(a)(2)(B)(iii) of such Act (42 U.S.C. 

18 15481(a)(2)(B)(iii)) is amended to read as follows: 

19 ‘‘(iii) The record produced to meet the 

20 requirements of paragraph (1)(A)(i) and 

21 this paragraph shall be available as an offi22 cial record for any audit or recount con23 ducted with respect to any election in 

24 which the system is used, and shall be preVerDate Nov 24 2008 01:25 Jan 09, 2009 Jkt 079200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H105.IH H105

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1 served after the voter has verified its accu2 racy— 

3 ‘‘(I) in the case of a paper 

4 record, within the polling place on the 

5 date of the election in a manner that 

6 ensures the security of the votes as 

7 verified; and 

8 ‘‘(II) in the case of a record de9 scribed in clause (ii), (iii), or (iv) of 

10 paragraph (7)(B), through a method 

11 established by the Commission which 

12 provides protection of the record equal 

13 to or superior to the methods used to 

14 preserve paper records.’’. 

15 (c) GUIDANCE.— 

16 (1) IN GENERAL.—Subtitle E of title II of such 

17 Act, as added by section 101(b)(1), is amended by 

18 adding at the end the following new section: 

19 ‘‘SEC. 298. VERIFIED BALLOTS. 

20 ‘‘(a) STANDARDS.—The Commission shall issue uni21 form and nondiscriminatory standards— 

22 ‘‘(1) for verified ballots required under section 

23 301(a)(7); and 

24 ‘‘(2) for meeting the audit requirements of sec25 tion 301(a)(2). 


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1 ‘‘(b) AUDITS.—The standards issued under sub2 section (a) shall provide for partial audits of the results 

3 of elections using the records produced pursuant to section 

4 301(a)(7), and shall provide that those records shall be 

5 used for the official count of votes in the event that the 

6 tallies derived from the records differ from the tallies oth7 erwise derived from the voting system used in the election 

8 involved.’’. 

9 (2) CLERICAL AMENDMENT.—The table of con10 tents for subtitle E of title II of such Act, as added 

11 by this Act, is amended by adding at the end the fol12 lowing new item: 

‘‘Sec. 298. Verified ballots.’’. 

13 (d) REPORTS.— 

14 (1) ELECTION ASSISTANCE COMMISSION.—Sec15 tion 207 of such Act (42 U.S.C. 15327) is amend16 ed— 

17 (A) by redesignating paragraph (5) as 

18 paragraph (6); and 

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

20 following new paragraph: 

21 ‘‘(5) A description of the progress on imple22 menting the verified ballot requirements of section 

23 301(a)(7) and the impact of the use of such require24 ments on the accessibility, privacy, security, 

25 usability, and auditability of voting systems.’’. 


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1 (2) STATE REPORTS.—Section 258 of such Act 

2 (42 U.S.C. 15408) is amended— 

3 (A) by striking ‘‘and’’ at the end of para4 graph (2); 

5 (B) by striking the period at the end of 

6 paragraph (3) and inserting ‘‘; and’’; and 

7 (C) by adding at the end the following new 

8 paragraph: 

9 ‘‘(4) an analysis and description in the form 

10 and manner prescribed by the Commission of the 

11 progress on implementing the verified ballot require12 ments of section 301(a)(7).’’. 

13 SEC. 103. REQUIREMENTS FOR COUNTING PROVISIONAL 

14 BALLOTS. 

15 (a) IN GENERAL.—Section 302 of the Help America 

16 Vote Act of 2002 (42 U.S.C. 15482) is amended— 

17 (1) by redesignating subsection (d) as sub18 section (e); and 

19 (2) by inserting after subsection (c) the fol20 lowing new subsection: 

21 ‘‘(d) STATEWIDE COUNTING OF PROVISIONAL BAL22 LOTS.—For purposes of subsection (a)(4), notwith23 standing at which polling place a provisional ballot is cast 

24 within the State, the State shall count such ballot if the 


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1 individual who cast such ballot is otherwise eligible to vote 

2 in the election.’’. 

3 (b) EFFECTIVE DATE.—Section 302(e) of such Act 

4 (42 U.S.C. 15482(e)), as redesignated by subsection (a), 

5 is amended to read as follows: 

6 ‘‘(e) EFFECTIVE DATE FOR PROVISIONAL VOTING

7 AND VOTING INFORMATION.— 

8 ‘‘(1) IN GENERAL.—Except as provided in para9 graph (2), each State and jurisdiction shall be re10 quired to comply with the requirements fo this sec11 tion on and after January 1, 2004. 

12 ‘‘(2) STATEWIDE COUNTING OF PROVISIONAL

13 BALLOTS.—Each State shall be required to comply 

14 with the requirements of subsection (d) on and after 

15 January 1, 2011.’’. 

16 SEC. 104. MINIMUM REQUIREMENTS FOR VOTING SYSTEMS 

17 AND POLL WORKERS IN POLLING PLACES. 

18 (a) MINIMUM REQUIREMENTS.— 

19 (1) IN GENERAL.—Subtitle C of title III of the 

20 Help America Vote Act of 2002, as added by section 

21 101(a)(1), is amended by adding at the end the fol22 lowing new section: 


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1 ‘‘SEC. 322. MINIMUM REQUIREMENTS FOR VOTING SYS2 TEMS AND POLL WORKERS. 

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

4 minimum required number of functioning and accurate 

5 voting systems and poll workers required in each precinct 

6 on the day of any Federal election and on any days during 

7 which such State allows early voting for a Federal election 

8 in accordance with the standards determined under sec9 tion 299A. 

10 ‘‘(b) EFFECTIVE DATE.—Each State shall be re11 quired to comply with the requirements of this section on 

12 and after January 1, 2011.’’. 

13 (2) CLERICAL AMENDMENT.—The table of con14 tents for subtitle C of title III of such Act, as added 

15 by section 101(a)(3), is amended by adding at the 

16 end the following new item: 

‘‘Sec. 322. Minimum required voting systems and poll workers.’’. 

17 (b) STANDARDS.— 

18 (1) IN GENERAL.—Subtitle E of title II of such 

19 Act, as added and amended by this Act, is amended 

20 by adding at the end the following new section: 

21 ‘‘SEC. 299. STANDARDS FOR ESTABLISHING THE MINIMUM 

22 REQUIRED VOTING SYSTEMS AND POLL 

23 WORKERS. 

24 ‘‘(a) IN GENERAL.—The Commission shall issue 

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1 tems and poll workers required in each precinct on the 

2 day of any Federal election and on any days during which 

3 early voting is allowed for a Federal election. 

4 ‘‘(b) DISTRIBUTION.—The standards described in 

5 subsection (a) shall provide for a uniform and nondiscrim6 inatory geographic distribution of such systems and work7 ers, based on a ratio of the number of systems and work8 ers per voter, taking into account voter registration statis9 tics for the precinct, the most recent available census data 

10 regarding the number of individuals residing within the 

11 precinct who are eligible to register to vote, and the level 

12 of voter turnout during previous elections held in the pre13 cinct. 

14 ‘‘(c) DEVIATION.—The standards described in sub15 section (a) shall permit States, upon providing adequate 

16 public notice, to deviate from any allocation requirements 

17 in the case of unforeseen circumstances such as a natural 

18 disaster, terrorist attack, or a change in voter turnout.’’. 

19 (2) CLERICAL AMENDMENT.—The table of con20 tents for subtitle E of title II of such Act, as added 

21 and amended by this Act, is amended by adding at 

22 the end the following new item: 

‘‘Sec. 299. Standards for establishing the minimum required voting systems 

and poll workers.’’. 

23 SEC. 105. ELECTION DAY REGISTRATION. 

24 (a) REQUIREMENT.— 


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1 (1) IN GENERAL.—Subtitle C of title III of the 

2 Help America Vote Act of 2002, as added and 

3 amended by this Act, is amended by adding at the 

4 end the following new section: 

5 ‘‘SEC. 323. ELECTION DAY REGISTRATION. 

6 ‘‘(a) IN GENERAL.— 

7 ‘‘(1) REGISTRATION.—Notwithstanding section 

8 8(a)(1)(D) of the National Voter Registration Act of 

9 1993 (42 U.S.C. 1973gg–6), each State shall permit 

10 any individual on the day of a Federal election— 

11 ‘‘(A) to register to vote in such election at 

12 the polling place using the form established by 

13 the Commission pursuant to section 297; and 

14 ‘‘(B) to cast a vote in such election. 

15 ‘‘(2) EXCEPTION.—The requirements under 

16 paragraph (1) shall not apply to a State in which, 

17 under a State law in effect continuously on and after 

18 the date of the enactment of this Act, there is no 

19 voter registration requirement for individuals in the 

20 State with respect to elections for Federal office. 

21 ‘‘(b) EFFECTIVE DATE.—Each State shall be re22 quired to comply with the requirements of subsection (a) 

23 on and after January 1, 2011.’’. 

24 (2) CLERICAL AMENDMENT.—The table of con25 tents for subtitle C of title III of such Act, as added 


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1 and amended by this Act, is amended by adding at 

2 the end the following new item: 

‘‘Sec. 323. Election Day registration.’’. 

3 (b) ELECTION DAY REGISTRATION FORM.— 

4 (1) IN GENERAL.—Subtitle E of title II of such 

5 Act, as added and amended by this Act, is amended 

6 by adding at the end the following new section: 

7 ‘‘SEC. 299A. ELECTION DAY REGISTRATION FORM. 

8 ‘‘The Commission shall develop an election day reg9 istration form for elections for Federal office.’’. 

10 (2) CLERICAL AMENDMENT.—The table of con11 tents for subtitle E of title II of such Act, as added 

12 and amended by this Act, is amended by adding at 

13 the end the following new item: 

‘‘Sec. 299A. Election Day registration form.’’. 

14 SEC. 106. INTEGRITY OF VOTER REGISTRATION LIST. 

15 (a) IN GENERAL.—Subtitle C of title III of the Help 

16 America Vote Act of 2002, as added and amended by this 

17 Act, is amended by adding at the end the following new 

18 section: 

19 ‘‘SEC. 324. REMOVAL FROM VOTER REGISTRATION LIST. 

20 ‘‘(a) PUBLIC NOTICE.—Not later than 45 days before 

21 any Federal election, each State shall provide public notice 

22 of all names which have been removed from the voter reg23 istration list of such State under section 303 since the 

24 later of the most recent election for Federal office or the 


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1 day of the most recent previous public notice provided 

2 under this section. 

3 ‘‘(b) NOTICE TO INDIVIDUAL VOTERS.— 

4 ‘‘(1) IN GENERAL.—No individual shall be re5 moved from the voter registration list under section 

6 303 unless such individual is first provided with a 

7 notice which meets the requirements of paragraph 

8 (2). 

9 ‘‘(2) REQUIREMENTS OF NOTICE.—The notice 

10 required under paragraph (1) shall be— 

11 ‘‘(A) provided to each voter in a uniform 

12 and nondiscriminatory manner; 

13 ‘‘(B) consistent with the requirements of 

14 the National Voter Registration Act of 1993 

15 (42 U.S.C. 1973gg et seq.); and 

16 ‘‘(C) in the form and manner prescribed by 

17 the Election Assistance Commission. 

18 ‘‘(c) EFFECTIVE DATE.—Each State shall be re19 quired to comply with the requirements of this section on 

20 and after January 1, 2011.’’. 

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

22 for subtitle C of title III of such Act, as added and amend23 ed by this Act, is amended by adding at the end the fol24 lowing new item: 

‘‘Sec. 324. Removal from voter registration list.’’. 


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1 SEC. 107. EARLY VOTING. 

2 (a) REQUIREMENTS.— 

3 (1) IN GENERAL.—Subtitle C of title III of the 

4 Help America Vote Act of 2002, as added and 

5 amended by this Act, is amended by adding at the 

6 end the following new section: 

7 ‘‘SEC. 325. EARLY VOTING. 

8 ‘‘(a) IN GENERAL.—Each State shall allow individ9 uals to vote in an election for Federal office not less than 

10 15 days prior to the day scheduled for such election in 

11 the same manner as voting is allowed on such day. 

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

13 Each polling place which allows voting prior to the day 

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

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

16 on each day (other than Sunday); and 

17 ‘‘(2) have uniform hours each day for which 

18 such voting occurs. 

19 ‘‘(c) APPLICATION OF ELECTION DAY REGISTRATION

20 TO EARLY VOTING.—A State shall permit individuals to 

21 register to vote at each polling place which allows voting 

22 prior to the day of a Federal election pursuant to sub23 section (a) in the same manner as the State is required 

24 to permit individuals to register to vote and vote on the 

25 day of the election under section 323. 


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1 ‘‘(d) EFFECTIVE DATE.—Each State shall be re2 quired to comply with the requirements of this section on 

3 and after January 1, 2011.’’. 

4 (2) CLERICAL AMENDMENT.—The table of con5 tents for subtitle C of title III of such Act, as added 

6 and amended by this Act, is amended by adding at 

7 the end the following new item: 

‘‘Sec. 325. Early voting.’’. 

8 (b) STANDARDS FOR EARLY VOTING.— 

9 (1) IN GENERAL.—Subtitle E of title II of the 

10 Help America Vote Act of 2002, as added and 

11 amended by this Act, is amended by adding at the 

12 end the following new section: 

13 ‘‘SEC. 299B. STANDARDS FOR EARLY VOTING. 

14 ‘‘(a) IN GENERAL.—The Commission shall issue 

15 standards for the administration of voting prior to the day 

16 scheduled for a Federal election. Such standards shall in17 clude the nondiscriminatory geographic placement of poll18 ing places at which such voting occurs. 

19 ‘‘(b) DEVIATION.—The standards described in sub20 section (a) shall permit States, upon providing adequate 

21 public notice, to deviate from any requirement in the case 

22 of unforeseen circumstances such as a natural disaster, 

23 terrorist attack, or a change in voter turnout.’’. 

24 (2) CLERICAL AMENDMENT.—The table of con25 tents for subtitle E of title II of such Act, as added 


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1 and amended by this Act, is amended by adding at 

2 the end the following new item: 

‘‘Sec. 299B. Standards for early voting.’’. 

3 SEC. 108. IMPROVEMENTS TO VOTING SYSTEMS. 

4 (a) IN GENERAL.—Section 301(a)(1)(B) of the Help 

5 America Vote Act of 2002 (42 U.S.C. 15481(a)(1)(B)) is 

6 amended by striking ‘‘, a punch card voting system, or 

7 a central count voting system’’. 

8 (b) CLARIFICATION OF REQUIREMENTS FOR PUNCH

9 CARD SYSTEMS.—Section 301(a)(1)(A) of such Act (42 

10 U.S.C. 15481(a)(1)(A)) is amended by striking ‘‘any 

11 lever’’ and inserting ‘‘any punch card voting system, 

12 lever’’. 

13 SEC. 109. VOTER REGISTRATION. 

14 (a) IN GENERAL.—Section 303(b)(4) of the Help 

15 America Vote Act of 2002 (42 U.S.C. 15483(b)(4)) is 

16 amended by adding at the end the following new subpara17 graphs: 

18 ‘‘(C) EXCEPTION.—On and after January 

19 1, 2011— 

20 ‘‘(i) in lieu of the questions and state21 ments required under subparagraph (A), 

22 such mail voter registration form shall in23 clude an affidavit to be signed by the reg24 istrant attesting both to citizenship and 

25 age; and 


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1 ‘‘(ii) subparagraph (B) shall not 

2 apply. 

3 ‘‘(D) APPLICATION TO FORMS DEVELOPED

4 BY STATES.—For purposes of section 6(a)(2) of 

5 the National Voter Registration Act of 1993 

6 (42 U.S.C. 1973gg–4(a)(2)), any form devel7 oped and used by a State for the registration 

8 of voters in elections for Federal office shall not 

9 be considered to meet all of the criteria stated 

10 in section 9(b) of such Act unless the form 

11 meets the requirements of subparagraph (C).’’. 

12 (b) INTERNET REGISTRATION.— 

13 (1) IN GENERAL.—Subtitle C of title III of 

14 such Act, as added and amended by this Act, is 

15 amended by adding at the end the following new sec16 tion: 

17 ‘‘SEC. 326. INTERNET REGISTRATION. 

18 ‘‘(a) INTERNET REGISTRATION.—Each State shall 

19 establish a program under which individuals may access 

20 and submit voter registration forms electronically through 

21 the Internet. 

22 ‘‘(b) EFFECTIVE DATE.—Each State shall be re23 quired to comply with the requirements of this section on 

24 and after January 1, 2011.’’. 


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1 (2) CLERICAL AMENDMENT.—The table of con2 tents for subtitle C of title III of such Act, as added 

3 and amended by this Act, is amended by adding at 

4 the end the following new item: 

‘‘Sec. 326. Internet registration.’’. 

5 (c) STANDARDS FOR INTERNET REGISTRATION.— 

6 (1) IN GENERAL.—Subtitle E of such Act, as 

7 added and amended by this Act, is amended by add8 ing at the end the following new section: 

9 ‘‘SEC. 299C. STANDARDS FOR INTERNET REGISTRATION 

10 PROGRAMS. 

11 ‘‘The Commission shall establish standards regarding 

12 the design and operation of programs which allow elec13 tronic voter registration through the Internet.’’. 

14 (2) CLERICAL AMENDMENT.—The table of con15 tents for subtitle E of title II of such Act, as added 

16 and amended by this Act, is amended by adding at 

17 the end the following new item: 

‘‘Sec. 299C. Standards for Internet registration programs.’’. 

18 SEC. 110. ESTABLISHING VOTER IDENTIFICATION. 

19 (a) IN GENERAL.— 

20 (1) IN PERSON VOTING.—Section 

21 303(b)(2)(A)(i) of the Help America Vote Act of 

22 2002 (42 U.S.C. 15483(b)(2)(A)(i)) is amended— 

23 (A) by striking ‘‘or’’ at the end of sub24 clause (I); and 


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1 (B) by adding at the end the following new 

2 subclause: 

3 ‘‘(III) executes a written affidavit 

4 attesting to such individual’s identity; 

5 or’’. 

6 (2) VOTING BY MAIL.—Section 303(b)(2)(A)(ii) 

7 of such Act (42 U.S.C. 15483(b)(2)(A)(ii)) is 

8 amended— 

9 (A) by striking ‘‘or’’ at the end of sub10 clause (I); 

11 (B) by striking the period at the end of 

12 subclause (II) and inserting ‘‘; or’’; and 

13 (C) and by adding at the end the following 

14 new subclause: 

15 ‘‘(III) a written affidavit, exe16 cuted by such individual, attesting to 

17 such individual’s identity.’’. 

18 (b) STANDARDS FOR VERIFYING VOTER INFORMA19 TION.— 

20 (1) IN GENERAL.—Subtitle E of such Act, as 

21 added and amended by this Act, is amended by add22 ing at the end the following new section: 

23 ‘‘SEC. 299D. VOTER IDENTIFICATION. 

24 ‘‘The Commission shall develop standards for 

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1 tion 303(a)(5) in connection with the registration of an 

2 individual to vote in a Federal election.’’. 

3 (2) CLERICAL AMENDMENT.—The table of con4 tents for subtitle E of title II of such Act, as added 

5 by this Act, is amended by adding at the end the fol6 lowing new item: 

‘‘Sec. 299D. Voter identification.’’. 

7 SEC. 111. IMPARTIAL ADMINISTRATION OF ELECTIONS. 

8 (a) ELECTION ADMINISTRATION REQUIREMENTS.— 

9 (1) IN GENERAL.—Subtitle C of title III of the 

10 Help America Vote Act of 2002, as added and 

11 amended by this Act, is amended by adding at the 

12 end the following new section: 

13 ‘‘SEC. 327. ELECTION ADMINISTRATION REQUIREMENTS. 

14 ‘‘(a) NOTICE OF CHANGES IN STATE ELECTION

15 LAWS.—Not later than 15 days prior to any Federal elec16 tion, each State shall issue a public notice describing all 

17 changes in State law affecting the administration of Fed18 eral elections since the most recent prior election. 

19 ‘‘(b) OBSERVERS.— 

20 ‘‘(1) IN GENERAL.—Each State shall allow uni21 form and nondiscriminatory access to any polling 

22 place for purposes of observing a Federal election 

23 to— 

24 ‘‘(A) voting rights and civil rights organi25 zations; and 


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1 ‘‘(B) nonpartisan domestic observers and 

2 international observers. 

3 ‘‘(2) NOTICE OF DENIAL OF OBSERVATION RE4 QUEST.—Each State shall issue a public notice with 

5 respect to any denial of a request by any observer 

6 described in paragraph (1) for access to any polling 

7 place for purposes of observing a Federal election. 

8 Such notice shall be issued not later than 24 hours 

9 after such denial. 

10 ‘‘(3) NO INTERFERENCE WITH ELECTION PER11 MITTED.—Nothing in this subsection may be con12 strued to permit any individual observing a Federal 

13 election pursuant to this subsection to engage in 

14 campaign activity at a polling place or interfere in 

15 any way with the conduct of the election. 

16 ‘‘(c) EFFECTIVE DATE.—Each State shall be re17 quired to comply with the requirements of this section on 

18 and after January 1, 2011.’’. 

19 (2) CLERICAL AMENDMENT.—The table of con20 tents for subtitle C of title III of such Act, as added 

21 and amended by this Act, is amended by adding at 

22 the end the following new item: 

‘‘Sec. 327. Election administration requirements.’’. 

23 (b) STUDY OF ADMINISTRATION OF ELECTIONS BY

24 NONPARTISAN BOARDS.— 


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1 (1) STUDY.—The Election Assistance Commis2 sion shall conduct a study analyzing the feasibility 

3 and desirability of requiring States to carry out the 

4 administration of elections for Federal office 

5 through nonpartisan election boards. 

6 (2) REPORT.—Not later than January 1, 2011, 

7 the Commission shall submit a report to Congress 

8 and the relevant committees of Congress on the 

9 study conducted under paragraph (1). 

10 SEC. 112. STRENGTHENING THE ELECTION ASSISTANCE 

11 COMMISSION. 

12 (a) BUDGET REQUESTS.— 

13 (1) IN GENERAL.—Part 1 of subtitle A of title 

14 II of the Help America Vote Act of 2002 (42 U.S.C. 

15 15321 et seq.) is amended by inserting after section 

16 209 the following new section: 

17 ‘‘SEC. 209A. SUBMISSION OF BUDGET REQUESTS. 

18 ‘‘Whenever the Commission submits any budget esti19 mate or request to the President or the Office of Manage20 ment and Budget, it shall concurrently transmit a copy 

21 of such estimate or request to the Congress and to all rel22 evant committees of the House and Senate.’’. 

23 (2) CLERICAL AMENDMENT.—The table of con24 tents for part 1 of subtitle A of title II of such Act 


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1 is amended by inserting after the item relating to 

2 section 209 the following new item: 

‘‘Sec. 209A. Submission of budget requests.’’. 

3 (b) EXEMPTION FROM PAPERWORK REDUCTION

4 ACT.—Section 3502(1) of title 44, United States Code, 

5 is amended— 

6 (1) by redesignating subparagraphs (B), (C), 

7 and (D) as subparagraphs (C), (D), and (E); and 

8 (2) by inserting after subparagraph (A) the fol9 lowing new subparagraph: 

10 ‘‘(B) the Election Assistance Commis11 sion;’’. 

12 (c) RULEMAKING.—Section 209 of the Help America 

13 Vote Act of 2002 (42 U.S.C. 15239) is amended— 

14 (1) by striking ‘‘The Commission’’ and insert15 ing the following: 

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

17 (b), the Commission’’; and 

18 (2) by adding at the end the following new sub19 section: 

20 ‘‘(b) EXCEPTION.—On and after January 1, 2011, 

21 subsection (a) shall not apply to any authority granted 

22 under subtitle E of this title or subtitle C of title III.’’. 

23 (d) NIST AUTHORITY.— 

24 (1) IN GENERAL.—Subtitle E of title II of the 

25 Help America Vote Act of 2002, as added and 


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1 amended by this Act, is amended by adding at the 

2 end the following new section: 

3 ‘‘SEC. 299E. TECHNICAL SUPPORT. 

4 ‘‘At the request of the Commission, the Director of 

5 the National Institute of Standards and Technology shall 

6 provide the Commission with technical support necessary 

7 for the Commission to carry out its duties under this 

8 title.’’. 

9 (2) CLERICAL AMENDMENT.—The table of con10 tents for subtitle E of title II of such Act, as added 

11 by this Act, is amended by adding at the end the fol12 lowing new item: 

‘‘Sec. 299E. Technical support.’’. 

13 (e) AUTHORIZATION OF APPROPRIATIONS.—Section 

14 210 of the Help America Vote Act of 2002 (42 U.S.C. 

15 15330) is amended by striking ‘‘for each of the fiscal years 

16 2003 through 2005’’ and all that follows and inserting the 

17 following: ‘‘for the Commission to carry out this title the 

18 following: 

19 ‘‘(1) For each of fiscal years 2003 through 

20 2009, $10,000,000. 

21 ‘‘(2) For fiscal year 2010, $23,000,000, of 

22 which $3,000,000 is solely to carry out section 

23 299E. 

24 ‘‘(3) For fiscal year 2011 and each succeeding 

25 fiscal year, such sums as may be necessary.’’. 


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1 SEC. 113. ADDITIONAL PROTECTIONS TO ENSURE FAIR AD2 MINISTRATION OF FEDERAL ELECTIONS. 

3 (a) REQUIRING USE OF PUBLICLY AVAILABLE OPEN

4 SOURCE SOFTWARE IN VOTING MACHINES.— 

5 (1) REQUIRING USE OF OPEN SOURCE SOFT6 WARE.— 

7 (A) IN GENERAL.—Subtitle C of title III of 

8 such Act, as added and amended by this Act, 

9 is amended by adding at the end the following 

10 new section: 

11 ‘‘SEC. 328. REQUIRING USE OF PUBLICLY AVAILABLE OPEN 

12 SOURCE SOFTWARE IN VOTING MACHINES. 

13 ‘‘(a) IN GENERAL.—Each State shall ensure that 

14 each voting machine used by the State for elections for 

15 Federal office uses open source software which may be ac16 cessible for inspection by the public, in accordance with 

17 standards established by the Commission under section 

18 299G. 

19 ‘‘(b) EFFECTIVE DATE.—Each State shall be re20 quired to comply with the requirements of this section on 

21 and after January 1, 2011.’’. 

22 (B) CLERICAL AMENDMENT.—The table of 

23 contents for subtitle C of title III of such Act, 

24 as added and amended by this Act, is amended 

25 by adding at the end the following new item: 


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‘‘Sec. 328. Requiring use of publicly available open source software in voting 

machines.’’. 

1 (2) ESTABLISHMENT OF STANDARDS.— 

2 (A) IN GENERAL.—Subtitle E of title II of 

3 such Act, as added and amended by this Act, 

4 is amended by adding at the end the following 

5 new section: 

6 ‘‘SEC. 299F. STANDARDS FOR PUBLICLY AVAILABLE OPEN 

7 SOURCE SOFTWARE IN VOTING MACHINES. 

8 ‘‘The Commission shall establish standards for the 

9 software used in voting machines for elections for Federal 

10 offices, including standards to ensure that all such soft11 ware is open source software which may be accessible for 

12 inspection by the public.’’. 

13 (B) CLERICAL AMENDMENT.—The table of 

14 contents for subtitle E of title II of such Act, 

15 as added and amended by this Act, is amended 

16 by adding at the end the following new item: 

‘‘Sec. 299F. Standards for publicly available open source software in voting machines.’’. 

17 (b) STANDARDS FOR CONDUCTING RECOUNTS.— 

18 (1) IN GENERAL.—Subtitle C of title III of 

19 such Act, as added and amended by this Act, is 

20 amended by adding at the end the following new sec21 tion: 


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1 ‘‘SEC. 329. STANDARDS FOR CONDUCTING RECOUNTS. 

2 ‘‘In conducting any recount with respect to any elec3 tion for Federal office in the State, the State shall ensure 

4 that a vote in the election will be counted when the intent 

5 of the voter can reasonably be determined from the bal6 lot.’’. 

7 (2) CLERICAL AMENDMENT.—The table of con8 tents for subtitle C of title III of such Act, as added 

9 and amended by this Act, is amended by adding at 

10 the end the following new item: 

‘‘Sec. 329. Standards for conducting recounts.’’. 

11 (c) PROHIBITING CONFLICTS OF INTEREST OF ENTI12 TIES INVOLVED IN MANUFACTURE, DISTRIBUTION, OR

13 OTHER ACTIVITIES RELATING TO VOTING MACHINES.— 

14 (1) PROHIBITING AGREEMENTS BY STATES

15 WITH ENTITIES FAILING TO MEET ANTI-CONFLICT

16 OF INTEREST STANDARDS.— 

17 (A) IN GENERAL.—Subtitle C of title III of 

18 such Act, as added and amended by this Act, 

19 is amended by adding at the end the following 

20 new section: 


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1 ‘‘SEC. 329A. PROHIBITING AGREEMENTS WITH ENTITIES 

2 FAILING TO MEET ANTI-CONFLICT OF INTER3 EST STANDARDS FOR ENTITIES INVOLVED 

4 WITH VOTING MACHINES. 

5 ‘‘(a) IN GENERAL.—In carrying out an election for 

6 Federal office, a State may not enter into any agreement 

7 with an entity regarding the manufacture, distribution, in8 stallation, servicing, or other activity with respect to a vot9 ing machine to be used for the election if the entity is 

10 not in compliance with the standards established by the 

11 Commission under section 299G for prohibiting conflicts 

12 of interest of such entities. 

13 ‘‘(b) EFFECTIVE DATE.—Each State shall be re14 quired to comply with the requirements of this section on 

15 and after January 1, 2011.’’. 

16 (B) CLERICAL AMENDMENT.—The table of 

17 contents for subtitle C of title III of such Act, 

18 as added and amended by this Act, is amended 

19 by adding at the end the following new item: 

‘‘Sec. 329A. Prohibiting agreement with entities failing to meet anti-conflict of 

interest standards for entities involved with voting machines.’’. 

20 (2) ESTABLISHMENT OF STANDARDS.— 

21 (A) IN GENERAL.—Subtitle E of title II of 

22 such Act, as added and amended by this Act, 

23 is amended by adding at the end the following 

24 new section: 


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1 ‘‘SEC. 299G. STANDARDS FOR PROHIBITING CONFLICTS OF 

2 INTEREST OF ENTITIES INVOLVED IN MANU3 FACTURE, DISTRIBUTION, OR OTHER ACTIVI4 TIES RELATING TO VOTING MACHINES. 

5 ‘‘The Commission shall establish standards to pro6 hibit conflicts of interest of entities engaged in the manu7 facture, distribution, installation, servicing, or other activi8 ties with respect to voting machines, including standards 

9 to prohibit any such entity from directly or indirectly pro10 viding any funds or property (including in-kind funds and 

11 property) to any candidate for public office, any political 

12 party, any political committee under the Federal Election 

13 Campaign Act of 1971, any organization described in sec14 tion 527 of the Internal Revenue Code of 1986, or any 

15 other entity organized for any partisan political purpose.’’. 

16 (B) CLERICAL AMENDMENT.—The table of 

17 contents for subtitle E of title II of such Act, 

18 as added and amended by this Act, is amended 

19 by adding at the end the following new item: 

‘‘Sec. 299G. Standards for prohibiting conflicts of interest of entities involved 

in manufacture, distribution, or other activities relating to voting machines.’’. 

20 SEC. 114. AUTHORIZATION OF APPROPRIATIONS. 

21 Section 257(a) of the Help America Vote Act of 2002 

22 (42 U.S.C. 15408(a)) is amended by adding at the end 

23 the following new paragraphs: 

24 ‘‘(4) For fiscal year 2010, $2,000,000,000. 


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1 ‘‘(5) For each fiscal year after 2010, such sums 

2 as are necessary.’’. 

3 SEC. 115. EFFECTIVE DATE. 

4 This title and the amendments made by this title 

5 shall take effect on January 1, 2010. 

6 TITLE II—PROHIBITING 

7 DECEPTIVE PRACTICES 

8 SEC. 201. PROHIBITION ON DECEPTIVE PRACTICES IN FED9 ERAL ELECTIONS. 

10 (a) IN GENERAL.—Chapter 29 of title 18, United 

11 States Code, is amended by adding at the end the fol12 lowing: 

13 ‘‘§ 618. Deceptive practices in Federal elections 

14 ‘‘(a) Whoever, within 60 days before a Federal elec15 tion, knowingly communicates election-related information 

16 about that election, knowing that information to be false, 

17 with the intent to prevent another person from exercising 

18 the right to vote in that election, or attempts to do so, 

19 shall be fined under this title or imprisoned not more than 

20 5 years, or both. 

21 ‘‘(b) As used in this section— 

22 ‘‘(1) the term ‘Federal election’ means any gen23 eral, primary, run-off, or special election for the of24 fice of President, Vice President, presidential elector, 

25 Member of the Senate, Member of the House of 


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1 Representatives, or Delegate or Commissioner from 

2 a territory or possession; and 

3 ‘‘(2) the term ‘election related information’ 

4 means information regarding— 

5 ‘‘(A) the time, place, or manner of con6 ducting the election; 

7 ‘‘(B) the qualifications for or restrictions 

8 on voter eligibility for the election, including— 

9 ‘‘(i) any criminal penalties associated 

10 with voting in the election; or 

11 ‘‘(ii) information regarding a voter’s 

12 registration status or eligibility; 

13 ‘‘(C) with respect to a closed primary elec14 tion, the political party affiliation of any can15 didate for office, if the communication of the 

16 information also contains false information de17 scribed in subparagraph (A) or (B); or 

18 ‘‘(D) the explicit endorsement by any per19 son or organization of a candidate running for 

20 any office voted on in the election.’’. 

21 (b) CLERICAL AMENDMENT.—The table of sections 

22 for chapter 29 of title 18, United States Code, is amended 

23 by adding at the end the following new item: 

‘‘618. Deceptive practices in Federal elections.’’. 


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1 SEC. 202. MODIFICATION OF PENALTY FOR VOTER INTIMI2 DATION. 

3 Section 594 of title 18, United States Code, is 

4 amended by striking ‘‘one year’’ and inserting ‘‘5 years’’. 

5 SEC. 203. SENTENCING GUIDELINES. 

6 (a) REVIEW AND AMENDMENT.—Not later than 90 

7 days after the date of enactment of this Act, the United 

8 States Sentencing Commission, pursuant to its authority 

9 under section 994 of title 28, United States Code, and 

10 in accordance with this section, shall review and, if appro11 priate, amend the Federal sentencing guidelines and policy 

12 statements applicable to persons convicted of any offense 

13 under sections of title 18, United States Code, that are 

14 added or modified by this title. 

15 (b) AUTHORIZATION.—The United States Sentencing 

16 Commission may, for the purposes of the amendments 

17 made pursuant to this section, amend the Federal sen18 tencing guidelines in accordance with the procedures set 

19 forth in section 21(a) of the Sentencing Act of 1987 (28 

20 U.S.C. 994 note) as though the authority under that sec21 tion had not expired. 

22 SEC. 204. REPORTING VIOLATIONS AND REMEDIAL ACTION. 

23 (a) REPORTING.—Any person may report to the At24 torney General any violation or possible violation of section 

25 594 or 618 of title 18, United States Code. 

26 (b) CORRECTIVE ACTION.— 


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1 (1) IN GENERAL.—Immediately after receiving 

2 a report under subsection (a), the Attorney General 

3 shall consider and review such report and, if the At4 torney General determines that there is a reasonable 

5 basis to find that a violation has occurred, the Attor6 ney General shall— 

7 (A) undertake all effective measures nec8 essary to provide correct information to voters 

9 affected by the false information; 

10 (B) refer any matter under the jurisdiction 

11 of the Civil Rights Division of the Department 

12 of Justice to such division for prosecution; and 

13 (C) refer the matter to the appropriate 

14 Federal and State authorities for criminal pros15 ecution or civil action after the election. 

16 (2) REGULATIONS.— 

17 (A) IN GENERAL.—The Attorney General 

18 shall promulgate regulations regarding the 

19 methods and means of corrective actions to be 

20 taken under paragraph (1). Such regulations 

21 shall be developed in consultation with the Elec22 tion Assistance Commission, civil rights organi23 zations, voting rights groups, State and local 

24 election officials, voter protection groups, and 

25 other interested community organizations. 


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1 (B) STUDY.— 

2 (i) IN GENERAL.—The Attorney Gen3 eral, in consultation with the Federal Com4 munications Commission and the Election 

5 Assistance Commission, shall conduct a 

6 study on the feasibility of providing the 

7 corrective information under paragraph (1) 

8 through public service announcements, the 

9 emergency alert system, or other forms of 

10 public broadcast. 

11 (ii) REPORT.—Not later than 180 

12 days after the date of the enactment of 

13 this Act, the Attorney General shall submit 

14 to Congress a report detailing the results 

15 of the study conducted under clause (i). 

16 (3) PUBLICIZING REMEDIES.—The Attorney 

17 General shall make public through the Internet, 

18 radio, television, and newspaper advertisements in19 formation on the responsibilities, contact informa20 tion, and complaint procedures applicable under this 

21 section. 

22 (c) REPORTS TO CONGRESS.— 

23 (1) IN GENERAL.—Not later than 90 days after 

24 any primary, general, or run-off election for Federal 

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1 gress a report compiling and detailing any allega2 tions of false information submitted pursuant to 

3 subsection (a) and relating to such election. 

4 (2) CONTENTS.—Each report submitted under 

5 paragraph (1) shall include— 

6 (A) detailed information on specific allega7 tions of deceptive tactics; 

8 (B) statistical compilations of how many 

9 allegations were made and of what type; 

10 (C) the geographic locations of and the 

11 populations affected by the alleged deceptive in12 formation; 

13 (D) the status of the investigations of such 

14 allegations; 

15 (E) any corrective actions taken in re16 sponse to such allegations; 

17 (F) the rationale used for any corrective 

18 actions or for any refusal to pursue an allega19 tion; 

20 (G) the effectiveness of any such corrective 

21 actions; 

22 (H) whether a Voting Integrity Task Force 

23 was established with respect to such election, 

24 and, if so, how such task force was staffed and 

25 funded; 


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1 (I) any referrals of information to other 

2 Federal, State, or local agencies; 

3 (J) any suit instituted under section 

4 2004(b)(2) of the Revised Statutes (42 U.S.C. 

5 1971(b)(2)) in connection with such allegations; 

6 and 

7 (K) any criminal prosecution instituted 

8 under title 18, United States Code, in connec9 tion with such allegations. 

10 (3) REPORT MADE PUBLIC.—On the date that 

11 the Attorney General submits the report required 

12 under paragraph (1), the Attorney General shall also 

13 make the report publicly available through the Inter14 net and other appropriate means. 

15 (d) DELEGATION OF DUTIES.— 

16 (1) IN GENERAL.—The Attorney General shall 

17 delegate the responsibilities under this section to a 

18 Voting Integrity Task Force established under para19 graph (2). 

20 (2) VOTING INTEGRITY TASK FORCE.— 

21 (A) IN GENERAL.—The Attorney General 

22 shall establish a Voting Integrity Task Force to 

23 carry out the requirements of this section with 

24 respect to any general, primary, run-off, or spe25 cial election for Federal office. 


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1 (B) COMPOSITION.—Any Voting Integrity 

2 Task Force established under paragraph (1) 

3 shall be under the direction of the Assistant At4 torney General for the Civil Rights Division and 

5 the Assistant Attorney General for the Criminal 

6 Division, jointly. 

7 (e) FEDERAL OFFICE.—For purposes of this section, 

8 the term ‘‘Federal office’’ means the office of President, 

9 Vice President, presidential elector, Member of the Senate, 

10 Member of the House of Representatives, or Delegate or 

11 Commissioner from a territory or possession of the United 

12 States. 

13 TITLE III—PROHIBITING VOTER 

14 CAGING 

15 SEC. 301. VOTER CAGING AND OTHER QUESTIONABLE 

16 CHALLENGES PROHIBITED. 

17 (a) IN GENERAL.—Chapter 29 of title 18, United 

18 States Code, as amended by section 201(a), is amended 

19 by adding at the end the following: 

20 ‘‘§ 619. Voter caging and other questionable chal21 lenges 

22 ‘‘(a) DEFINITIONS.—In this section— 

23 ‘‘(1) the term ‘voter caging document’ means— 

24 ‘‘(A) a nonforwardable document that is 

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1 livered or undeliverable despite an attempt to 

2 deliver such document to the address of a reg3 istered voter or applicant; or 

4 ‘‘(B) any document with instructions to an 

5 addressee that the document be returned to the 

6 sender or a third party but is not so returned, 

7 despite an attempt to deliver such document to 

8 the address of a registered voter or applicant, 

9 unless at least two Federal election cycles have 

10 passed since the date of the attempted delivery; 

11 ‘‘(2) the term ‘voter caging list’ means a list of 

12 individuals compiled from voter caging documents; 

13 and 

14 ‘‘(3) the term ‘unverified match list’ means a 

15 list produced by matching the information of reg16 istered voters or applicants for voter registration to 

17 a list of individuals who are ineligible to vote in the 

18 registrar’s jurisdiction, by virtue of death, convic19 tion, change of address, or otherwise; unless one of 

20 the pieces of information matched includes a signa21 ture, photograph, or unique identifying number en22 suring that the information from each source refers 

23 to the same individual. 

24 ‘‘(b) PROHIBITION AGAINST VOTER CAGING.—No 

25 State or local election official shall prevent an individual 


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1 from registering or voting in any election for Federal of2 fice, or permit in connection with any election for Federal 

3 office a formal challenge under State law to an individual’s 

4 registration status or eligibility to vote, if the basis for 

5 such decision is evidence consisting of— 

6 ‘‘(1) a voter caging document or voter caging 

7 list; 

8 ‘‘(2) an unverified match list; 

9 ‘‘(3) an error or omission on any record or 

10 paper relating to any application, registration, or 

11 other act requisite to voting, if such error or omis12 sion is not material to an individual’s eligibility to 

13 vote under section 2004 of the Revised Statutes, as 

14 amended (42 U.S.C. 1971(a)(2)(B)); or 

15 ‘‘(4) any other evidence so designated for pur16 poses of this section by the Election Assistance Com17 mission, 

18 except that the election official may use such evidence if 

19 it is corroborated by independent evidence of the individ20 ual’s ineligibility to register or vote. 

21 ‘‘(c) REQUIREMENTS FOR CHALLENGES BY PERSONS

22 OTHER THAN ELECTION OFFICIALS.— 

23 ‘‘(1) ATTESTATION OF FIRST-HAND KNOWL24 EDGE OF INELIGIBILITY.—No person, other than a 

25 State or local election official, shall submit a formal 


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1 challenge to an individual’s eligibility to register to 

2 vote in an election for Federal office or to vote in 

3 an election for Federal office unless that challenge 

4 is supported by personal, first-hand knowledge re5 garding the grounds for ineligibility which is— 

6 ‘‘(A) documented in writing; and 

7 ‘‘(B) subject to an oath or attestation 

8 under penalty of perjury that the individual 

9 who is the subject of the challenge is ineligible 

10 to register to vote or vote in that election. 

11 ‘‘(2) PROHIBITING CHALLENGES BASED ON

12 CERTAIN EVIDENCE.—No person, other than a State 

13 or local election official, shall submit a formal chal14 lenge to an individual’s eligibility to register to vote 

15 in an election for Federal office or to vote in an elec16 tion for Federal office if the basis for such challenge 

17 is evidence consisting of— 

18 ‘‘(A) a voter caging document or voter cag19 ing list; 

20 ‘‘(B) an unverified match list; 

21 ‘‘(C) an error or omission on any record or 

22 paper relating to any application, registration, 

23 or other act requisite to voting, if such error or 

24 omission is not material to an individual’s eligi25 bility to vote under section 2004 of the Revised 


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1 Statutes, as amended (42 U.S.C. 

2 1971(a)(2)(B)); or 

3 ‘‘(D) any other evidence so designated for 

4 purposes of this section by the Election Assist5 ance Commission. 

6 ‘‘(d) PENALTIES FOR KNOWING MISCONDUCT.— 

7 Whoever knowingly challenges the eligibility of one or 

8 more individuals to register or vote or knowingly causes 

9 the eligibility of such individuals to be challenged in viola10 tion of this section with the intent that one or more eligi11 ble voters be disqualified, shall be fined under this title 

12 or imprisoned not more than 5 years, or both, for each 

13 such violation. Each violation shall be a separate offense. 

14 ‘‘(e) NO EFFECT ON RELATED LAWS.—Nothing in 

15 this section is intended to override the protections of the 

16 National Voter Registration Act of 1993 (42 U.S.C. 

17 1973gg et seq.) or to affect the Voting Rights Act of 1965 

18 (42 U.S.C. 1973 et seq.).’’. 

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

20 for chapter 29 of title 18, United States Code, as amended 

21 by section 201(b), is amended by adding at the end the 

22 following: 

‘‘619. Voter caging and other questionable challenges.’’. 

23 SEC. 302. SEVERABILITY. 

24 If any provision of this title or any amendment made 

25 by this title, or the application of a provision to any person 


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1 or circumstance, is held to be unconstitutional, the re2 mainder of this title and the amendments made by this 

3 title, and the application of the provisions to any person 

4 or circumstance, shall not be affected by the holding. 

5 TITLE IV—RESTORING VOTING 

6 RIGHTS 

7 SEC. 401. RIGHTS OF CITIZENS. 

8 The right of an individual who is a citizen of the 

9 United States to vote in any election for Federal office 

10 shall not be denied or abridged because that individual has 

11 been convicted of a criminal offense unless such individual 

12 is serving a felony sentence in a correctional institution 

13 or facility at the time of the election. 

14 SEC. 402. ENFORCEMENT. 

15 (a) ATTORNEY GENERAL.—The Attorney General 

16 may, in a civil action, obtain such declaratory or injunctive 

17 relief as is necessary to remedy a violation of this title. 

18 (b) PRIVATE RIGHT OF ACTION.— 

19 (1) NOTICE TO ELECTION OFFICIAL.—A person 

20 who is aggrieved by a violation of this title may pro21 vide written notice of the violation to the chief elec22 tion official of the State involved. 

23 (2) ACTION PERMITTED.—Except as provided 

24 in paragraph (3), if the violation is not corrected 

25 within 90 days after receipt of a notice under paraVerDate Nov 24 2008 01:25 Jan 09, 2009 Jkt 079200 PO 00000 Frm 00047 Fmt 6652 Sfmt 6201 E:\BILLS\H105.IH H105

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1 graph (1), or within 20 days after receipt of the no2 tice if the violation occurred within 120 days before 

3 the date of an election for Federal office, the ag4 grieved person may, in a civil action obtain declara5 tory or injunctive relief with respect to the violation. 

6 (3) WAIVER OF NOTICE FOR VIOLATIONS OC7 CURRING NEAR DATE OF ELECTION.—If the viola8 tion occurred within 30 days before the date of an 

9 election for Federal office, the aggrieved person need 

10 not provide notice to the chief election official of the 

11 State under paragraph (1) before bringing a civil ac12 tion to obtain declaratory or injunctive relief with re13 spect to the violation. 

14 SEC. 403. NOTIFICATION OF RESTORATION OF VOTING 

15 RIGHTS. 

16 (a) STATE NOTIFICATION.— 

17 (1) NOTIFICATION.—On the date determined 

18 under paragraph (2), each State shall notify in writ19 ing any individual who has been convicted of a 

20 criminal offense under the law of that State that 

21 such individual has the right to vote in an election 

22 for Federal office pursuant to this title and may reg23 ister to vote in any such election. 

24 (2) DATE OF NOTIFICATION.— 


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1 (A) FELONY CONVICTION.—In the case of 

2 such an individual who has been convicted of a 

3 felony, the notification required under para4 graph (1) shall be given on the date on which 

5 the individual— 

6 (i) is sentenced to serve only a term 

7 of probation; or 

8 (ii) is released from the custody of 

9 that State (other than to the custody of 

10 another State or the Federal Government 

11 to serve a term of imprisonment for a fel12 ony conviction). 

13 (B) MISDEMEANOR CONVICTION.—In the 

14 case of such an individual who has been con15 victed of a misdemeanor, the notification re16 quired under paragraph (1) shall be given on 

17 the date on which such individual is sentenced. 

18 (b) FEDERAL NOTIFICATION.— 

19 (1) NOTIFICATION.—On the date determined 

20 under paragraph (2), the Director of the Bureau of 

21 Prisons shall notify in writing any individual who 

22 has been convicted of a criminal offense under Fed23 eral law that such individual has the right to vote 

24 in an election for Federal office pursuant to this 

25 title and may register to vote in any such election. 


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1 (2) DATE OF NOTIFICATION.— 

2 (A) FELONY CONVICTION.—In the case of 

3 such an individual who has been convicted of a 

4 felony, the notification required under para5 graph (1) shall be given on the date on which 

6 the individual— 

7 (i) is sentenced to serve only a term 

8 of probation by a court established by an 

9 Act of Congress; or 

10 (ii) is released from the custody of the 

11 Bureau of Prisons (other than to the cus12 tody of a State to serve a term of impris13 onment for a felony conviction). 

14 (B) MISDEMEANOR CONVICTION.—In the 

15 case of such an individual who has been con16 victed of a misdemeanor, the notification re17 quired under paragraph (1) shall be given on 

18 the date on which such individual is sentenced. 

19 SEC. 404. DEFINITIONS. 

20 For purposes of this title: 

21 (1) CORRECTIONAL INSTITUTION OR FACIL22 ITY.—The term ‘‘correctional institution or facility’’ 

23 means any prison, penitentiary, jail, or other institu24 tion or facility for the confinement of individuals 

25 convicted of criminal offenses, whether publicly or 


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1 privately operated, except that such term does not 

2 include any residential community treatment center 

3 (or similar public or private facility). 

4 (2) ELECTION.—The term ‘‘election’’ means— 

5 (A) a general, special, primary, or runoff 

6 election; 

7 (B) a convention or caucus of a political 

8 party held to nominate a candidate; 

9 (C) a primary election held for the selec10 tion of delegates to a national nominating con11 vention of a political party; or 

12 (D) a primary election held for the expres13 sion of a preference for the nomination of per14 sons for election to the office of President. 

15 (3) FEDERAL OFFICE.—The term ‘‘Federal of16 fice’’ means the office of President or Vice President 

17 of the United States, or of Senator or Representa18 tive in, or Delegate or Resident Commissioner to, 

19 the Congress of the United States. 

20 (4) PROBATION.—The term ‘‘probation’’ means 

21 probation, imposed by a Federal, State, or local 

22 court, with or without a condition on the individual 

23 involved concerning— 

24 (A) the individual’s freedom of movement; 


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1 (B) the payment of damages by the indi2 vidual; 

3 (C) periodic reporting by the individual to 

4 an officer of the court; or 

5 (D) supervision of the individual by an of6 ficer of the court. 

7 SEC. 405. RELATION TO OTHER LAWS. 

8 (a) STATE LAWS RELATING TO VOTING RIGHTS.— 

9 Nothing in this title shall be construed to prohibit the 

10 States enacting any State law which affords the right to 

11 vote in any election for Federal office on terms less restric12 tive than those established by this title. 

13 (b) CERTAIN FEDERAL ACTS.—The rights and rem14 edies established by this title are in addition to all other 

15 rights and remedies provided by law, and neither rights 

16 and remedies established by this title shall supersede, re17 strict, or limit the application of the Voting Rights Act 

18 of 1965 (42 U.S.C. 1973 et seq.) or the National Voter 

19 Registration Act (42 U.S.C. 1973–gg). 

20 SEC. 406. FEDERAL PRISON FUNDS. 

21 No State, unit of local government, or other person 

22 may receive or use, to construct or otherwise improve a 

23 prison, jail, or other place of incarceration, any Federal 

24 grant amounts unless that person has in effect a program 

25 under which each individual incarcerated in that person’s 


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1 jurisdiction who is a citizen of the United States is noti2 fied, upon release from such incarceration, of that individ3 ual’s rights under section 401. 

4 SEC. 407. EFFECTIVE DATE. 

5 This title shall apply to citizens of the United States 

6 voting in any election for Federal office held after the date 

7 of the enactment of this Act. 

8 TITLE V—ELECTION DAY AS 

9 LEGAL PUBLIC HOLIDAY 

10 SEC. 501. TREATMENT OF ELECTION DAY IN SAME MANNER 

11 AS LEGAL PUBLIC HOLIDAY FOR PURPOSES 

12 OF FEDERAL EMPLOYMENT. 

13 For purposes of any law relating to Federal employ14 ment, the Tuesday next after the first Monday in Novem15 ber in 2010 and each even-numbered year thereafter shall 

16 be treated in the same manner as a legal public holiday 

17 described in section 6103 of title 5, United States Code. 

18 SEC. 502. STUDY BY COMPTROLLER GENERAL OF IMPACT 

19 ON VOTER PARTICIPATION. 

20 (a) IN GENERAL.—The Comptroller General shall 

21 conduct a study of the impact of section 501 on voter par22 ticipation. 

23 (b) REPORT.—Not later than May 1, 2015, the 

24 Comptroller General shall submit a report to Congress and 


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1 the President on the results of the study conducted under 

2 subsection (a). 

3 SEC. 503. SENSE OF CONGRESS REGARDING TREATMENT 

4 OF DAY BY PRIVATE EMPLOYERS. 

5 It is the sense of Congress that private employers in 

6 the United States should give their employees a day off 

7 on the Tuesday next after the first Monday in November 

8 in 2010 and each even-numbered year thereafter to enable 

9 the employees to cast votes in the elections held on that 

10 day. 

Æ 


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