I 

111TH CONGRESS 

2D SESSION H. R. 4449 

To direct the Election Assistance Commission to make payments to reimburse 

States for costs incurred in establishing online voter registration programs, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 13, 2010 

Mr. MCCARTHY of California (for himself and Mr. HARPER) introduced the 

following bill; which was referred to the Committee on House Administration 

A BILL 

To direct the Election Assistance Commission to make payments to reimburse States for costs incurred in establishing online voter registration programs, 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; FINDINGS. 

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

5 ‘‘Responsible Online Voter Empowerment Registration 

6 Act of 2010’’. 

7 (b) FINDINGS.—Congress finds as follows: 


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1 (1) Most States continue to rely upon paper 

2 forms for voter registration. 

3 (2) Paper voter registration forms are subject 

4 to delays in postal delivery or in submission to elec5 tion officials for processing, and may be subject to 

6 errors when data is entered into registration sys7 tems. 

8 (3) Online voter registration systems can solve 

9 the problems identified with paper forms, and with 

10 proper security measures can do so without increas11 ing fraud. 

12 (4) Online voter registration can increase the 

13 accuracy of registration records and reduce costs by 

14 eliminating the need for data entry of paper forms. 

15 (5) States that offer online voter registration 

16 have experienced rapid and widespread adoption by 

17 individuals registering to vote. 

18 (6) To ensure that online voter registrations are 

19 secure it is vital to validate them against an existing 

20 database with suitable information for voter reg21 istration. 

22 (7) Voter registration records must include the 

23 voter’s signature in order to validate absentee ballots 

24 and signatures on petitions, initiatives, and 

25 referenda. 


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1 SEC. 2. PAYMENTS TO REIMBURSE STATES FOR COSTS IN2 CURRED IN ESTABLISHING ONLINE VOTER 

3 REGISTRATION PROGRAMS. 

4 (a) PAYMENTS FOR COSTS OF ESTABLISHING PRO5 GRAM.— 

6 (1) IN GENERAL.—The Election Assistance 

7 Commission shall make a payment to each eligible 

8 State to reimburse the State for the costs incurred 

9 in establishing, if the State so chooses to establish, 

10 an online voter registration program which meets 

11 the requirements of subsection (b) (including costs 

12 incurred prior to the date of the enactment of this 

13 Act). 

14 (2) LIMIT ON NUMBER OF PAYMENTS RE15 CEIVED.—A State may not receive more than one 

16 payment under this Act. 

17 (b) REQUIREMENTS FOR ONLINE VOTER REGISTRA18 TION PROGRAM.— 

19 (1) REQUIREMENTS.—An online voter registra20 tion program established by a State meets the re21 quirements of this subsection if each of the following 

22 are met: 

23 (A) The program is operated through the 

24 official public website of the chief State election 

25 official, or through the official public websites 

26 of such other officials of the State or of units 


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1 of local government in the State as the chief 

2 State election official may designate. 

3 (B) If an applicant for voter registration 

4 uses the program, the entire process by which 

5 the applicant obtains, completes, and submits 

6 the voter registration application form for elec7 tions for Federal office in the State shall be 

8 carried out online. 

9 (C) An applicant for voter registration may 

10 use the program only if the applicant— 

11 (i) has a current and valid motor vehi12 cle operator’s license issued by the State, 

13 or another current and valid identification 

14 issued by the State, which includes the ap15 plicant’s signature; 

16 (ii) agrees that such license or identi17 fication, and the signature contained on 

18 the license or identification, may be used 

19 by the appropriate election officials in the 

20 State for voter registration purposes; and 

21 (iii) includes in the information sub22 mitted in the application the number of the 

23 license or identification which will be used 

24 as described in subparagraph (B). 


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1 (D) In processing an application submitted 

2 under the program, the election official obtains 

3 a digital copy of the signature which is con4 tained on the license or identification for which 

5 the applicant provided the number pursuant to 

6 subparagraph (C) from the State office which 

7 issued the license or identification to the appli8 cant. 

9 (E) An applicant for voter registration who 

10 uses the program is subject to the same re11 quirements regarding eligibility and attestations 

12 (including attestations of age and citizenship), 

13 and subject to the same penalties for providing 

14 false information, as an applicant for voter reg15 istration in the State who does not use the pro16 gram. 

17 (F) The chief State election official estab18 lishes measures sufficient to ensure the accu19 racy, integrity, and security of the information 

20 provided by an applicant using the program, in21 cluding security measures to prevent registra22 tion attempts when such attempts can be iden23 tified as originating with an automated source 

24 or being multiple or repeated attempts from the 

25 same individual. 


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1 (2) TREATMENT AS REGISTRATION BY MAIL

2 FOR PURPOSES OF MEETING CERTAIN IDENTIFICA3 TION REQUIREMENTS.—For purposes of section 

4 303(b) of the Help America Vote Act of 2002 (42 

5 U.S.C. 15483(b)), an individual who registers to 

6 vote using an online voter registration program 

7 which meets the requirements of this subsection 

8 shall be considered to have registered to vote by 

9 mail. 

10 SEC. 3. CERTIFICATION OF COMPLIANCE AND COSTS. 

11 (a) CERTIFICATION REQUIRED.— 

12 (1) IN GENERAL.—In order to receive a pay13 ment under this Act, the State shall submit to the 

14 Commission, at such time and in such form as the 

15 Commission may require, a statement containing the 

16 following information and assurances: 

17 (A) A certification that the State has es18 tablished an online voter registration program 

19 which meets the requirements of section 2(b). 

20 (B) A statement of the reasonable costs in21 curred by the State and by units of local gov22 ernment in the State in establishing the pro23 gram, together with documentation of such 

24 costs. 


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1 (2) DEADLINE.—A State may not receive a 

2 payment under this Act if the State does not submit 

3 the statement required under paragraph (1) prior to 

4 December 31, 2012. 

5 (b) AMOUNT OF PAYMENT.— 

6 (1) IN GENERAL.—The amount of the payment 

7 made to an eligible State under this section shall be 

8 equal to the reasonable costs incurred by the State 

9 and by units of local government in the State in es10 tablishing the online voter registration program, as 

11 set forth in the statement submitted by the State 

12 under subsection (a)(1)(B), except that the total 

13 amount of the payment may not exceed $1,000,000. 

14 (2) EXCLUSION OF AMOUNTS ALREADY REIM15 BURSED.—The amount determined with respect to a 

16 State under paragraph (1) shall be reduced to the 

17 extent that the State has already been reimbursed 

18 by a requirements payment under part 1 of subtitle 

19 D of title II of the Help America Vote Act of 2002 

20 (42 U.S.C. 15401 et seq.) for the costs incurred in 

21 establishing the online voter registration program. 

22 SEC. 4. DEFINITIONS. 

23 In this Act— 

24 (1) the term ‘‘chief State election official’’ 

25 means, with respect to a State, the individual desVerDate Nov 24 2008 03:50 Jan 14, 2010 Jkt 089200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H4449.IH H4449

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1 ignated by the State under section 10 of the Na2 tional Voter Registration Act of 1993 (42 U.S.C. 

3 1973gg–8) to be responsible for coordination of the 

4 State’s responsibilities under such Act; 

5 (2) the term ‘‘Commission’’ means the Election 

6 Assistance Commission; and 

7 (3) the term ‘‘State’’ means each of the several 

8 States, the District of Columbia, the Commonwealth 

9 of Puerto Rico, Guam, American Samoa, and the 

10 United States Virgin Islands. 

11 SEC. 5. AUTHORIZATION OF APPROPRIATIONS. 

12 (a) AUTHORIZATION.—There are authorized to be ap13 propriated to the Commission such sums as may be nec14 essary to carry out this Act. 

15 (b) CORRESPONDING REDUCTION IN UNOBLIGATED

16 REQUIREMENTS PAYMENTS.—The aggregate amount of 

17 the requirements payments under part 1 of subtitle D of 

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

19 15401 et seq.) which were appropriated prior to a fiscal 

20 year which remain unobligated as of the beginning of that 

21 fiscal year shall be reduced by the amount appropriated 

22 pursuant to the authorization under this section for that 

23 fiscal year. 


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1 (c) CONTINUING AVAILABILITY OF FUNDS.—Any 

2 amounts appropriated pursuant to the authorization under 

3 this section shall remain available until expended. 

Æ 


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