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[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3835 Introduced in House (IH)]

111th CONGRESS
  1st Session
                                H. R. 3835

   To amend the National Voter Registration Act of 1993 and the Help 
America Vote Act of 2002 to strengthen protections against the wrongful 
 removal of individuals from the official list of eligible voters and 
  the wrongful denial of applications for voter registration, and for 
                            other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            October 15, 2009

   Mr. Holt introduced the following bill; which was referred to the 
                   Committee on House Administration

_______________________________________________________________________

                                 A BILL

 
   To amend the National Voter Registration Act of 1993 and the Help 
America Vote Act of 2002 to strengthen protections against the wrongful 
 removal of individuals from the official list of eligible voters and 
  the wrongful denial of applications for voter registration, and for 
                            other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Protection Against Wrongful Voter 
Purges Act''.

SEC. 2. NOTICE AND REVIEW REQUIREMENTS FOR REMOVAL OF INDIVIDUALS FROM 
              OFFICIAL LIST OF ELIGIBLE VOTERS BY REASON OTHER THAN 
              CHANGE OF RESIDENCE.

    (a) In General.--Section 8 of the National Voter Registration Act 
of 1993 (42 U.S.C. 1973gg-6) is amended--
            (1) by redesignating subsection (j) as subsection (k); and
            (2) by inserting after subsection (i) the following new 
        subsection:
    ``(j) Notice and Review Requirements for Removal of Individuals 
From List of Eligible Voters by Reason Other Than Change of 
Residence.--
            ``(1) Minimum notice prior to removal.--
                    ``(A) In general.--In addition to any other 
                requirements applicable under this section, a State may 
                not remove a registrant from the official list of 
                eligible voters for an election for Federal office by 
                reason other than death or a change of residence unless 
                the State provides the registrant with a notice of 
                removal meeting the requirements of subparagraph (B) 
                not later than 30 days before the date of the election.
                    ``(B) Requirements for notice.--The notice required 
                under this subparagraph shall be sent by forwardable 
                mail, and shall include the following:
                            ``(i) A statement that the State intends to 
                        remove the registrant from the official list of 
                        eligible voters for elections for Federal 
                        office.
                            ``(ii) A description of the reasons for 
                        removal, including (in the case of an 
                        individual proposed to be removed by reason of 
                        criminal conviction) sufficient identifying 
                        information on the criminal conviction alleged 
                        to be the basis for removal to enable the 
                        registrant to determine whether the registrant 
                        was convicted of the offense cited in the 
                        notice, or (in the case of an individual 
                        proposed to be removed by reason of mental 
                        incapacity) sufficient identifying information 
                        on the judicial determination of mental 
                        incapacity alleged to be the basis for removal 
                        to enable to registrant to determine whether 
                        the registrant was adjudged to be mentally 
                        incapacitated.
                            ``(iii) A statement that the registrant may 
                        obtain a review of the removal from an 
                        appropriate State election official in 
                        accordance with paragraph (2).
                            ``(iv) A postage pre-paid and pre-addressed 
                        envelope and a clear list of contact 
                        information for the appropriate State election 
                        official that includes a mailing address, 
                        telephone number, and fax number.
            ``(2) Review of decision to remove.--
                    ``(A) In general.--A registrant who receives a 
                notice of removal under paragraph (1) may submit a 
                written request to a designated State election official 
                to withdraw the notice and retain the registrant on the 
                official list of eligible voters, and may include in 
                the request such information and evidence as the 
                registrant considers appropriate to show that the 
                registrant is not subject to removal from the list 
                under State law, including information and evidence 
                showing that the registrant was not convicted of the 
                criminal offense cited in the notice or that the period 
                of ineligibility imposed as the result of a conviction 
                of a criminal offense has expired (in the case of an 
                individual proposed to be removed by reason of criminal 
                conviction) or that the registrant was not adjudged to 
                be mentally incapacitated as cited in the notice or 
                that the incapacity has since been invalidated, 
                withdrawn, or rescinded (in the case of an individual 
                proposed to be removed by reason of mental incapacity).
                    ``(B) Response by state.--Not later than 10 days 
                after receiving a request from a registrant under 
                subparagraph (A), the State shall review the 
                information and evidence included and accept or reject 
                the request, and shall notify the registrant in writing 
                of its decision.
            ``(3) Special rules for removal by reason of death of 
        registrant.--In the case of an individual proposed to be 
        removed by reason of death--
                    ``(A) the notice of removal under paragraph (1) 
                shall be addressed to the occupant of the most recent 
                address of the registrant in the records of the 
                appropriate State election official;
                    ``(B) the notice shall include a statement that the 
                occupant should notify the appropriate State election 
                official immediately if the notice of the registrant's 
                death is in error;
                    ``(C) if the notice of removal was issued in error, 
                the registrant may submit a written request under 
                paragraph (2) to withdraw the notice and retain the 
                registrant on the official list of eligible voters; and
                    ``(D) if the registrant submits such a written 
                request, the State shall notify the registrant of the 
                decision made under paragraph (2)(B) with respect to 
                the request.
            ``(4) Opportunity to cast provisional ballot.--Any 
        registrant who receives a notice of removal under paragraph (1) 
        and believes that the removal decision was made in error shall 
        be permitted to cast a provisional ballot in an election for 
        Federal office in accordance with section 302(a) of the Help 
        America Vote Act of 2002, and the vote cast by such a ballot 
        shall be counted in the election (in accordance with the 
        standards and procedures of such section) if it is determined 
        that the removal decision was made in error.
            ``(5) No expansion of grounds for removal.--Nothing in this 
        subsection may be construed to require or authorize the 
        establishment of any grounds for the removal of a registrant 
        from the official list of eligible voters for an election for 
        Federal office which were not in effect prior to the enactment 
        of this subsection.''.
    (b) Adoption of Voluntary Guidance Regarding Audits of Computerized 
List.--Section 311 of the Help America Vote Act of 2002 (42 U.S.C. 
15501) is amended by adding at the end the following new subsection:
    ``(d) Voluntary Guidance Regarding Audits of Computerized List.--
Not later than October 1, 2010, the Commission shall adopt voluntary 
guidance with respect to audits of the Statewide computerized voter 
registration list required to be maintained under section 303 so that 
each State will be able to ensure that the list reflects an accurate 
and complete count of all individuals who are validly registered to 
vote in elections for Federal office in the State and is secure against 
unauthorized uses.''.
    (c) Conforming Amendments.--
            (1) National voter registration act of 1993.--Section 8 of 
        the National Voter Registration Act of 1993 (42 U.S.C. 1973gg-
        6) is amended--
                    (A) in subsection (a)(3)(B), by striking ``State 
                law,'' and inserting ``State law and consistent with 
                the requirements of subsection (j),'';
                    (B) in subsection (a)(4)(A), by striking the 
                semicolon at the end and inserting and ``, consistent 
                with the requirements of subsection (j);'';
                    (C) in the heading for subsection (d), by inserting 
                after ``Rolls'' the following: ``by Reason of Change of 
                Residence''; and
                    (D) in subsection (i)(2), by inserting after 
                ``subsection (d)(2)'' the following: ``and all persons 
                to whom notices described in subsection (j)''.
            (2) Help america vote act of 2002.--Section 303(a) of the 
        Help America Vote Act of 2002 (42 U.S.C. 15483(a)) is amended--
                    (A) in paragraph (2)(A)(i), by striking ``and (e)'' 
                and inserting ``(e), and (j)''; and
                    (B) in paragraph (4)(B), by striking ``Safeguards'' 
                and inserting ``In addition to meeting the applicable 
                notice and review requirements of section 8 of the 
                National Voter Registration Act of 1993, safeguards''.
    (d) Rule of Construction.--Nothing in this section or any amendment 
made by this section may be construed--
            (1) to affect the right of any individual to cast a 
        provisional ballot under section 302(a) of the Help America 
        Vote Act of 2002; or
            (2) to prohibit any State from providing individuals 
        threatened with removal from the official list of eligible 
        voters in the State with greater protections than those 
        required under section 8(j) of the National Voter Registration 
        Act of 1993 (as added by subsection (a)).
    (e) Effective Date.--The amendments made by this section shall 
apply with respect to the regularly scheduled general election for 
Federal office in November 2010 and each succeeding election for 
Federal office.

SEC. 3. PROCEDURES FOR REMOVAL OF INDIVIDUALS FROM OFFICIAL LIST OF 
              ELIGIBLE VOTERS BY REASON OF CHANGE OF RESIDENCE.

    (a) Permitting Removal at Request of Individual Only in Case of 
Specific Written Request or Verified Registration in a New 
Jurisdiction.--Section 8(a)(3) of the National Voter Registration Act 
of 1993 (42 U.S.C. 1973gg-6(a)(3)) is amended--
            (1) in subparagraph (A), by striking ``the request'' and 
        inserting ``the specific written request'';
            (2) by redesignating subparagraph (C) as subparagraph (D); 
        and
            (3) by inserting after subparagraph (B) the following new 
        subparagraph:
            ``(C) upon verification by the State that the registrant 
        has registered in a new jurisdiction (in accordance with 
        subsection (d)(3)).''.
    (b) Requiring Match of Registration Information in New 
Jurisdiction.--Section 8(d) of such Act (42 U.S.C. 1973gg-6(d)) is 
amended--
            (1) in paragraph (1), by striking ``unless'' and inserting 
        ``unless (subject to paragraph (4))'';
            (2) by redesignating paragraph (3) as paragraph (4); and
            (3) by inserting after paragraph (2) the following new 
        paragraph:
    ``(3) A State may not remove the name of a registrant on the ground 
that the registrant has registered in a new jurisdiction unless the 
State verifies the registration in the new jurisdiction by matching the 
registrant's existing registration information with the registrant's 
registration information from the new jurisdiction, including matching 
the registrant's full name (taking into account common variations in 
first names, middle initials and middle names, and documented 
differences in a maiden name), date of birth, and the unique number 
used to identify the registrant for purposes of section 303(a)(5) of 
the Help America Vote Act of 2002.''.
    (c) Procedure for Handling Returned Registration Mailings.--Section 
8 of such Act (42 U.S.C. 1973gg-6), as amended by section 2(a), is 
amended--
            (1) by redesignating subsection (k) as subsection (l); and
            (2) by inserting after subsection (j) the following new 
        subsection:
    ``(k) Procedure for Handling Returned Registration Mailings.--
            ``(1) Evidence of change to residence in new 
        jurisdiction.--If a disposition notice described in subsection 
        (a)(2), a voter registration card, a notice of location of a 
        polling place or notice of precinct assignment, or any other 
        voter registration or voting information mailed by the 
        registrar to the registrant is returned to the registrar as 
        undeliverable with no forwarding address or with a permanent 
        forwarding address outside of the registrar's jurisdiction, the 
        registrar shall deem such returned mailing as evidence that the 
        registrant may have changed residence to a place outside the 
        registrar's jurisdiction, and shall use the notice procedure 
        described in subsection (d)(2) to confirm the change of 
        address.
            ``(2) Evidence of change to residence in same 
        jurisdiction.--If any mailing described in paragraph (1) is 
        returned to the registrar with a permanent forwarding address 
        inside the registrar's jurisdiction, the registrar shall deem 
        such returned mailing as evidence that the registrant may have 
        changed residence to a place within the registrar's 
        jurisdiction, and shall correct the registration records in 
        accordance with subsections (c)(1)(B)(i) and (f).''.
    (d) Effective Date.--The amendments made by this section shall 
apply with respect to the regularly scheduled general election for 
Federal office in November 2010 and each succeeding election for 
Federal office.

SEC. 4. STANDARD FOR REVIEW OF REMOVAL ACTIONS.

    (a) Standard.--Section 8 of the National Voter Registration Act of 
1993 (42 U.S.C. 1973gg-6), as amended by sections 2(a) and 3(c), is 
amended--
            (1) by redesignating subsection (l) as subsection (m); and
            (2) by inserting after subsection (k) the following new 
        subsection:
    ``(l) Standard for Review of Removal Actions.--If any registrant 
who is subject to removal from the official list of eligible voters 
requests that the appropriate election official review the removal, the 
removal shall not take effect unless the official demonstrates by clear 
and convincing evidence that the registrant was properly removed under 
this Act.''.
    (b) Effective Date.--The amendments made by this section shall 
apply with respect to the regularly scheduled general election for 
Federal office in November 2010 and each succeeding election for 
Federal office.

SEC. 5. CONTENTS AND TREATMENT OF VOTER REGISTRATION FORMS.

    (a) Opportunity to Correct Incomplete Forms.--Section 303(b)(4)(B) 
of the Help America Vote Act of 2002 (42 U.S.C. 15483(b)(4)(B)) is 
amended by striking ``to answer the question included on the mail voter 
registration form pursuant to subparagraph (A)(i)'' and all that 
follows and inserting the following: ``to provide any information 
required on any voter registration form used by the State under section 
6 of the National Voter Registration Act of 1993, the registrar shall 
notify the applicant of the failure and provide the applicant with an 
opportunity to complete the form in a timely manner to allow for the 
completion of the registration form prior to the next election for 
Federal office.''.
    (b) Prohibiting Requirement To Provide Additional Information 
Relating to Age and Citizenship.--Section 303(b)(4) of such Act (42 
U.S.C. 15483(b)(4)) is amended by adding at the end the following new 
subparagraph:
                    ``(C) Prohibiting requirement to provide additional 
                information.--A State must accept, in lieu of requiring 
                an applicant to provide any documentation of 
                citizenship or age as a condition of registering to 
                vote, the applicant's checking of the applicable boxes 
                required under clauses (i) and (ii) of subparagraph (A) 
                and attesting under penalty of perjury to all 
                applicable eligibility requirements (including age and 
                citizenship), as required by section 9(b)(2) of the 
                National Voter Registration Act of 1993 (42 U.S.C. 
                1973gg-7(b)(2)).''.
    (c) Completed National Form Deemed Complete For All States.--
Section 303(b) of such Act (42 U.S.C. 15483(b)) is amended--
            (1) by redesignating paragraph (5) as paragraph (6); and
            (2) by inserting after paragraph (4) the following new 
        paragraph:
            ``(5) Completed national form deemed complete for all 
        states.--If an applicant for voter registration in a State 
        submits a voter registration application form which contains 
        all of the information required to be provided under the mail 
        voter registration form developed by the Commission under 
        section 9(a)(2) of the National Voter Registration Act of 1993 
        (whether the form submitted by the applicant is the form 
        developed by the Commission or another form developed and used 
        by the State under section 6(a) of the National Voter 
        Registration Act of 1993), the State may not refuse to register 
        the applicant as a voter on the ground that the applicant 
        failed to complete the form.''.

SEC. 6. PROHIBITING DELAY OR DENIAL OF REGISTRATION ON GROUNDS OF 
              FAILURE TO MATCH INFORMATION.

    (a) Information Required To Be Provided in Application.--Section 
303(a)(5)(A) of the Help America Vote Act of 2002 (42 U.S.C. 
15483(a)(5)(A)) is amended--
            (1) by amending clause (i) to read as follows:
                            ``(i) In general.--Except as provided in 
                        clause (ii), notwithstanding any other 
                        provision of law, an application for voter 
                        registration for an election for Federal office 
                        shall require the applicant to include--
                                    ``(I) in the case of an applicant 
                                who has been issued and has available 
                                at the time of registration a current 
                                and valid driver's license, the 
                                applicant's driver's license number; or
                                    ``(II) in the case of any other 
                                applicant (other than an applicant to 
                                whom clause (ii) applies), the last 4 
                                digits of the applicant's social 
                                security number.''; and
            (2) by striking clause (iii).
    (b) No Effect on Registration Due to Failure To Match.--Section 
303(a)(5)(B) of such Act (42 U.S.C. 15483(a)(5)(B)) is amended by 
adding at the end the following new clause:
                            ``(iii) No effect on registration due to 
                        failure to match.--A State may not refuse to 
                        accept an individual's application for voter 
                        registration, delay the processing of such an 
                        application, or refuse to register the 
                        individual solely on the grounds that the 
                        information provided by the individual for 
                        purposes of the database of the Statewide voter 
                        registration system under this paragraph does 
                        not match information contained with respect to 
                        the individual in the database of the State 
                        motor vehicle authority, the Commissioner of 
                        Social Security, or any other governmental 
                        entity, except that the State may require (in a 
                        uniform and nondiscriminatory manner) the 
                        individual to meet the requirements of 
                        subsection (b)(2) in the same manner as an 
                        individual described in subsection (b)(1).''.

SEC. 7. EFFECTIVE DATE.

    Section 303(d)(2) of the Help America Vote Act of 2002 (42 U.S.C. 
15483(d)(2)) is amended--
            (1) in subparagraph (A), by striking ``Each State'' and 
        inserting ``Except as provided in subparagraph (C), each 
        State'';
            (2) in subparagraph (B), by striking ``The provisions'' and 
        inserting ``Except as provided in subparagraph (C), the 
        provisions''; and
            (3) by adding at the end the following new subparagraph:
                    ``(C) Delayed effective date for certain 
                provisions.--To the extent that any provision of 
                subsection (a) or subsection (b) was amended by the 
                Protection Against Wrongful Voter Purges Act, such 
                provision shall apply with respect to the regularly 
                scheduled general election for Federal office held in 
                November 2010 and each succeeding election for Federal 
                office.''.
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