I 

109TH CONGRESS 

2D SESSION H. R. 4989 

To amend the Help America Vote Act of 2002 to clarify the treatment 

of provisional ballots cast in elections for Federal office, to ensure that 

polling places are adequately staffed and have sufficient equipment, to 

direct States to issue durable voter registration cards to each individual 

who registers to vote in elections for Federal office in the State, and 

for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 16, 2006 

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

on House Administration 

A BILL 

To amend the Help America Vote Act of 2002 to clarify 

the treatment of provisional ballots cast in elections for 

Federal office, to ensure that polling places are adequately staffed and have sufficient equipment, to direct 

States to issue durable voter registration cards to each 

individual who registers to vote in elections for Federal 

office in the State, 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, 


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1 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

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

3 ‘‘Electoral Fairness Act of 2006’’. 

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

5 this Act is as follows: 

Sec. 1. Short title; table of contents 

TITLE I—CLARIFICATION OF PROVISIONAL BALLOT RULES 

Sec. 101. Uniform standard for treatment of provisional ballots cast at incorrect polling places; no requirement to present additional identification 

Sec. 102. Minimum contents of provisional ballots 

Sec. 103. Treatment of voters who vote after closing of polling places 

Sec. 104. Treatment of ballots after casting 

Sec. 105. Effective date 

TITLE II—ENSURING ADEQUATE STAFF AND EQUIPMENT AT 

POLLING PLACES 

Sec. 201. Requirements for adequate staff and equipment at polling places 

Sec. 202. Clarification of application of election administration requirements to 

early voting sites 

Sec. 203. Availability of additional funds to enable States to meet requirements 

Sec. 204. Study of alternative methods for staffing of polling places 

TITLE III—PROMOTING EFFECTIVE REGISTRATION OF VOTERS 

Sec. 301. Issuance of durable voter registration cards 

Sec. 302. Notice and review requirements for removal of individuals from official list of eligible voters by reason other than change of residence 

Sec. 303. Contents and treatment of voter registration forms 

Sec. 304. Availability of updated information for registered voters 

Sec. 305. Nonapplicability to certain States 

Sec. 306. Effective date 


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1 TITLE I—CLARIFICATION OF 

2 PROVISIONAL BALLOT RULES 

3 SEC. 101. UNIFORM STANDARD FOR TREATMENT OF PROVI4 SIONAL BALLOTS CAST AT INCORRECT POLL5 ING PLACES; NO REQUIREMENT TO PRESENT 

6 ADDITIONAL IDENTIFICATION. 

7 (a) UNIFORM STANDARD.—Section 302(a)(4) of the 

8 Help America Vote Act of 2002 (42 U.S.C. 15482(a)(4)) 

9 is amended to read as follows: 

10 ‘‘(4)(A) The provisional ballot of an individual 

11 who is a registered voter in a jurisdiction in a State 

12 and who is eligible to vote in an election for Federal 

13 office in the State shall be counted as a vote in such 

14 an election if the appropriate State or local election 

15 official to whom the ballot or voter information is 

16 transmitted under paragraph (3)— 

17 ‘‘(i) in the case of an election for electors 

18 for President or for the office of a Senator, de19 termines that the individual is registered to vote 

20 in the State in which the provisional ballot is 

21 cast; and 

22 ‘‘(ii) in the case of an election for the of23 fice of a Member of the House of Representa24 tives (including a Delegate or Resident Com25 missioner to the Congress), determines that the 


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1 individual is registered to vote in the Congres2 sional district in which the provisional ballot is 

3 cast. 

4 ‘‘(B) Notwithstanding any other provision of 

5 law, no individual casting a provisional ballot shall 

6 be required to submit identification on or after the 

7 date of the election as a condition for the ballot to 

8 be counted as a vote in the election, so long as the 

9 individual complied with any applicable identification 

10 requirements under this Act at the time of casting 

11 the provisional ballot (to the extent the individual 

12 was required to comply with any such require13 ments).’’. 

14 (b) SAFEGUARDS TO PREVENT CASTING OF DUPLI15 CATE BALLOTS.— 

16 (1) IMPLEMENTATION OF SAFEGUARDS.—Sec17 tion 302(a) of such Act (42 U.S.C. 15482(a)) is 

18 amended by inserting after paragraph (5) the fol19 lowing new paragraph: 

20 ‘‘(6) Each State shall implement safeguards to 

21 ensure that a provisional ballot cast in an election 

22 is not counted as more than one vote in the election 

23 and that an individual who casts a provisional ballot 

24 which is counted as a vote in an election does not 


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1 cast any other ballot which is counted as a vote in 

2 the election.’’. 

3 (2) ADOPTION OF VOLUNTARY GUIDANCE.— 

4 Section 311 of such Act (42 U.S.C. 15501) is 

5 amended by adding at the end the following new 

6 subsection: 

7 ‘‘(d) VOLUNTARY GUIDANCE REGARDING SAFE8 GUARDS TO PREVENT CASTING OF DUPLICATE BAL9 LOTS.—Not later than October 1, 2006, the Commission 

10 shall adopt voluntary guidance with respect to the safe11 guards to prevent the casting duplicate ballots by voters 

12 casting provisional ballots which are required to be imple13 mented under section 302(a)(6).’’. 

14 (c) DECLARATION OF PLACE OF REGISTRATION.— 

15 Section 302(a) of such Act (42 U.S.C. 15482(a)) is 

16 amended— 

17 (1) in the matter preceding paragraph (1), by 

18 striking ‘‘jurisdiction’’ and inserting ‘‘State’’; and 

19 (2) in paragraph (2)(A), by striking ‘‘jurisdic20 tion’’ and inserting ‘‘State’’. 

21 SEC. 102. MINIMUM CONTENTS OF PROVISIONAL BALLOTS. 

22 Section 302(a)(1) of the Help America Vote Act of 

23 2002 (42 U.S.C. 15482(a)(1)) is amended by adding at 

24 the end the following new sentence: ‘‘The provisional ballot 

25 shall include (at a minimum) all information required for 


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1 the individual to cast a vote in each election for Federal 

2 office held at the polling place.’’. 

3 SEC. 103. TREATMENT OF VOTERS WHO VOTE AFTER CLOS4 ING OF POLLING PLACES. 

5 Section 302(c) of the Help America Vote Act of 2002 

6 (42 U.S.C. 15482(c)) is amended to read as follows: 

7 ‘‘(c) EQUAL TREATMENT OF VOTERS WHO VOTE

8 AFTER THE POLLS CLOSE.—Any individual who votes in 

9 an election for Federal office as a result of a Federal or 

10 State court order or any other order extending the time 

11 established for closing the polls by a State law in effect 

12 10 days before the date of that election shall cast the indi13 vidual’s ballot for the election in the same manner, and 

14 under the same terms and conditions, as any individual 

15 who votes in the election during the regular hours for the 

16 operation of polling places in the State, including the 

17 terms and conditions applicable to individuals permitted 

18 to cast provisional ballots under this section.’’. 

19 SEC. 104. TREATMENT OF BALLOTS AFTER CASTING. 

20 (a) RESPONSIBILITY OF ELECTION OFFICIAL TO NO21 TIFY INDIVIDUAL OF DETERMINATION OF ELIGIBILITY OF

22 BALLOT.— 

23 (1) IN GENERAL.—Section 302(a)(5) of the 

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

25 15482(a)(5)) is amended to read as follows: 


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1 ‘‘(5)(A) Not later than 24 hours after deter2 mining whether or not the vote of an individual who 

3 casts a provisional ballot in an election will be count4 ed in that election under this Act, the appropriate 

5 State or local election official shall notify the indi6 vidual of the determination and (if the determination 

7 is made that the vote will not be counted) the rea8 sons for the determination and the individual’s right 

9 to challenge the determination under the procedures 

10 established under subparagraph (B). 

11 ‘‘(B) Each State shall establish procedures, in12 cluding a free access system (such as a toll-free tele13 phone number or an Internet website), under which 

14 an individual who casts a provisional ballot in an 

15 election and who is notified by the appropriate State 

16 or local election official that the provisional ballot 

17 cast by the individual will not be counted as a vote 

18 in the election may challenge the determination prior 

19 to the final tabulation of ballots in the election. 

20 ‘‘(C) In carrying out subparagraph (B), each 

21 State shall ensure that, in each jurisdiction of the 

22 State, an appropriate State or local election official 

23 operates open office hours for at least 8 hours on 

24 the day after the date of the election, during which 

25 a voter who cast a provisional ballot in the election 


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1 may contact the official and challenge the deter2 mination under the procedures established under 

3 subparagraph (B).’’. 

4 (2) CONFORMING AMENDMENT.—Section 

5 302(a) of such Act (42 U.S.C. 15482(a)), as amend6 ed by section 101(b), is amended in the matter fol7 lowing paragraph (6) by striking ‘‘The appropriate 

8 State or local official’’ and all that follows through 

9 ‘‘paragraph (5)(B).’’. 

10 (b) PROHIBITING INITIATION OF RECOUNT OR CER11 TIFICATION OF RESULTS PRIOR TO REVIEW OF PROVI12 SIONAL BALLOTS CAST; STANDARDS FOR DETERMINA13 TION OF ACCEPTANCE OF PROVISIONAL BALLOTS.—Sec14 tion 302(a) of such Act (42 U.S.C. 15482(a)), as amended 

15 by section 101(b), is amended by inserting after para16 graph (6) the following new paragraphs: 

17 ‘‘(7) The chief State election official may not 

18 make any determination regarding the applicability 

19 of any requirement under State law to conduct a re20 count of the results of any election for Federal office 

21 in the State, or certify the results of any election for 

22 Federal office in the State, until all of the votes cast 

23 by provisional ballot cast in the election which are 

24 to be counted pursuant to this Act have been count25 ed. 


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1 ‘‘(8) In making a determination as to whether 

2 a vote cast by an individual by provisional ballot will 

3 be counted in an election, the chief State election of4 ficial shall review not only the official Statewide list 

5 of registered voters but any other information which 

6 was submitted by the individual in the process of ap7 plying to register to vote.’’. 

8 (c) TREATMENT OF REJECTED PROVISIONAL BAL9 LOT AS APPLICATION FOR VOTER REGISTRATION.—Sec10 tion 302(a) of such Act (42 U.S.C. 15482(a)), as amended 

11 by section 101(b) and subsection (b), is amended by in12 serting after paragraph (8) the following new paragraph: 

13 ‘‘(9) If a provisional ballot cast by an individual 

14 in an election for Federal office is rejected on the 

15 ground that the individual is not registered to vote 

16 in the election, the ballot shall be treated (for pur17 poses of this Act, the National Voter Registration 

18 Act of 1993, and applicable State law) as an appli19 cation by the individual for voter registration in the 

20 appropriate registrar’s jurisdiction with respect to 

21 the next election for Federal office held in the juris22 diction, under the same terms and conditions appli23 cable to applications for voter registration under this 

24 Act, including section 303(b)(4) (relating to the 

25 treatment of incomplete forms).’’. 


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1 SEC. 105. EFFECTIVE DATE. 

2 Section 302(d) of such Act (42 U.S.C. 15482(d)) is 

3 amended to read as follows: 

4 ‘‘(d) EFFECTIVE DATE.— 

5 ‘‘(1) IN GENERAL.—Except as provided in para6 graph (2), each State and jurisdiction shall be re7 quired to comply with the requirements of this sec8 tion on and after January 1, 2004. 

9 ‘‘(2) DELAYED EFFECTIVE DATE FOR CERTAIN

10 PROVISIONS.—To the extent that any provision of 

11 this section was amended by the Electoral Fairness 

12 Act of 2006, such provision shall apply with respect 

13 to the regularly scheduled general election for Fed14 eral office held in November 2006 and each suc15 ceeding election for Federal office.’’. 

16 TITLE II—ENSURING ADEQUATE 

17 STAFF AND EQUIPMENT AT 

18 POLLING PLACES 

19 SEC. 201. REQUIREMENTS FOR ADEQUATE STAFF AND 

20 EQUIPMENT AT POLLING PLACES. 

21 (a) REQUIREMENTS.— 

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

23 Help America Vote Act of 2002 (42 U.S.C. 15481 

24 et seq.) is amended by inserting after section 303 

25 the following new section: 


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1 ‘‘SEC. 303A. REQUIREMENTS FOR ADEQUATE STAFF AND 

2 EQUIPMENT AT POLLING PLACES. 

3 ‘‘(a) STANDARDS FOR ENSURING ADEQUATE STAFF4 ING AND EQUIPMENT.— 

5 ‘‘(1) IN GENERAL.—Each State shall establish 

6 the number and location of polling places used for 

7 each election for Federal office held in the State on 

8 the date of the election, and the number of check9 in stations, poll workers, ballot marking stations, 

10 and voting systems assigned to each such polling 

11 place on the date of the election, so that to the 

12 greatest extent practicable— 

13 ‘‘(A) the polling places established within a 

14 jurisdiction are equally convenient for and prox15 imate to the registered voters in the jurisdiction 

16 and provide poll workers, voters, and individ17 uals waiting to vote with shelter from the ele18 ments and protection from excessive heat and 

19 cold; 

20 ‘‘(B) the maximum waiting time at the 

21 polling place is equal for all voters in the State; 

22 ‘‘(C) the time spent by any voter at the 

23 polling place from the time of arrival at the 

24 check-in station until the time of departure 

25 after voting does not exceed 1 hour; and 


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1 ‘‘(D) the maximum number of registered 

2 voters assigned to any single polling place on 

3 the date of the election (as determined one 

4 week prior to the date of the election) does not 

5 exceed— 

6 ‘‘(i) in the case of a jurisdiction using 

7 as its primary voting system a system 

8 under which ballots are marked by the 

9 voter and are read by a voting device (such 

10 as an optical scan or other ballot reading 

11 system), 3,000 (except that a greater num12 ber shall be permitted at any polling place 

13 at which no voter in fact spent more than 

14 1 hour from the time of arrival at the 

15 check-in station until the time of departure 

16 after voting); or 

17 ‘‘(ii) in the case of a jurisdiction using 

18 as its primary voting system a system 

19 under which voters use a voting device 

20 which directly records the votes (such as a 

21 direct recording electronic or touch screen 

22 system), 1,000. 

23 ‘‘(2) MINIMUM NUMBER OF VOTING SYSTEMS

24 PER POLLING PLACE.—In meeting the requirements 

25 of paragraph (1), a State shall ensure that the minVerDate Aug 31 2005 04:03 Mar 21, 2006 Jkt 049200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H4989.IH H4989

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1 imum number of ballot marking stations (where ap2 plicable) and, with respect to any jurisdiction in the 

3 State which uses electronic voting devices of any 

4 type, voting systems used at each polling place with5 in the jurisdiction on the date of the election is not 

6 less than the designated minimum applicable under 

7 paragraph (3). 

8 ‘‘(3) DESIGNATED MINIMUM NUMBER OF VOT9 ING SYSTEMS.—For purposes of paragraph (2), the 

10 designated minimum number of voting systems used 

11 at a polling place within a jurisdiction is— 

12 ‘‘(A) in the case of a jurisdiction using as 

13 its primary voting system a system under which 

14 ballots are marked by the voter and are read by 

15 a voting device (such as an optical scan or other 

16 ballot reading system)— 

17 ‘‘(i) one ballot reading system (to18 gether with an ample number of ballots 

19 and ballot marking supplies and a suffi20 cient number of secure ballot boxes), with 

21 at least one readily available spare ballot 

22 reading system for the county in the juris23 diction which uses such a system, and 

24 ‘‘(ii) one ballot marking station for 

25 every 200 registered voters assigned to the 


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1 polling place (as determined one week prior 

2 to the date of the election); and 

3 ‘‘(B) in the case of a jurisdiction using as 

4 its primary voting system a system under which 

5 voters use a voting device which directly records 

6 the votes (such as a direct recording electronic 

7 or touch screen system)— 

8 ‘‘(i) one system for every 200 reg9 istered voters assigned to the polling place 

10 (as determined one week prior to the date 

11 of the election), with at least one readily 

12 available spare of such direct recording 

13 electronic or touch screen system available 

14 for every 5 polling places within the juris15 diction; and 

16 ‘‘(ii) for purposes of ensuring that the 

17 State meets the requirement of paragraph 

18 (1)(C) regarding the maximum waiting 

19 time at the polling place, one amply-sup20 plied paper ballot system (under which bal21 lots may be marked manually and through 

22 the use of ballot marking devices which are 

23 accessible to individuals with disabilities) 

24 for use during any period during which 

25 neither the primary system installed at the 


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1 polling place or any spare system referred 

2 to in clause (i) is available. 

3 ‘‘(4) MINIMUM HOURS OF OPERATION.— 

4 ‘‘(A) IN GENERAL.—In meeting the re5 quirements of paragraph (1), a State shall en6 sure that each polling place is in operation for 

7 not fewer than 12 hours. 

8 ‘‘(B) EXCEPTION FOR POLLING PLACES

9 SERVING SMALL NUMBERS OF VOTERS.—At the 

10 discretion of the appropriate State or local elec11 tion official, a polling place may be in operation 

12 for fewer than 12 hours if— 

13 ‘‘(i) in the case of a polling place at 

14 which the voting system used is a system 

15 under which ballots are marked by the 

16 voter and are read by a voting device (such 

17 as an optical scan or other ballot reading 

18 system), the polling place serves fewer than 

19 1,000 voters; or 

20 ‘‘(ii) in the case of a polling place at 

21 which the voting system used is a system 

22 under which voters use a voting device 

23 which directly records the votes (such as a 

24 direct recording electronic or touch screen 


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1 system), the polling place serves fewer than 

2 200 voters. 

3 ‘‘(5) FACTORS TO BE CONSIDERED.—In meet4 ing the requirements of paragraph (1), a State shall 

5 take into consideration all relevant factors affecting 

6 the time spent by individuals at polling places on the 

7 date of the election, including the demographics of 

8 the area served by the polling place, the number of 

9 individuals with disabilities using the polling place, 

10 the number of individuals needing language assist11 ance at the polling place, and increases in the de12 mands placed on equipment and election personnel 

13 during peak voting hours. 

14 ‘‘(6) REPORTING REQUIREMENT.—Not later 

15 than 7 days after the date of each election for Fed16 eral office, the appropriate State or local election of17 ficial shall publish at the appropriate office of elec18 tion administration and post on the public Internet 

19 site of the official a detailed report setting forth the 

20 manner in which each polling place under the offi21 cial’s jurisdiction complied with the requirements of 

22 this subsection. 

23 ‘‘(7) NO EFFECT ON REQUIREMENTS FOR AC24 CESSIBILITY FOR INDIVIDUALS WITH DISABIL25 ITIES.—Nothing in this subsection may be construed 


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1 to repeal, limit, or otherwise affect the requirement 

2 under section 301(a)(3) that at least one direct re3 cording electronic voting system or other voting sys4 tem equipped for individuals with disabilities be 

5 available at each polling place. 

6 ‘‘(8) NO EFFECT ON ABILITY OF STATES TO

7 USE PAPER BALLOT SYSTEMS OR SYSTEMS USED

8 PRIOR TO 2000.—Nothing in this subsection may be 

9 construed to repeal, limit, or otherwise affect any 

10 provision of this Act which permits a State or juris11 diction which used a particular type of voting system 

12 in the elections for Federal office held in November 

13 2000 to continue to use such a system, or which per14 mits a State to use any kind of paper ballot voting 

15 system. 

16 ‘‘(b) STANDARDS FOR TRAINING AND COMPENSA17 TION OF ELECTION OFFICIALS.—Each State shall estab18 lish and operate a program to recruit individuals to serve 

19 as election officials at polling places used in elections for 

20 Federal office held in the State, and shall— 

21 ‘‘(1) ensure that such individuals receive com22 prehensive training in the administration of elections 

23 and the applicable Federal and State election laws; 

24 and 


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1 ‘‘(2) compensate such individuals for their serv2 ice at a rate designed to recruit highly qualified and 

3 dedicated individuals and to compensate them appro4 priately for their civic participation. 

5 ‘‘(c) EFFECTIVE DATE.—Each State and jurisdiction 

6 shall meet the requirements of this section with respect 

7 to the regularly scheduled general election for Federal of8 fice held in November 2006 and each succeeding election 

9 for Federal office.’’. 

10 (2) ADOPTION OF VOLUNTARY GUIDANCE.— 

11 Section 311 of such Act (42 U.S.C. 15501), as 

12 amended by section 101(b)(2), is amended by adding 

13 at the end the following new subsection: 

14 ‘‘(e) VOLUNTARY GUIDANCE REGARDING ADEQUATE

15 STAFF AND EQUIPMENT AT POLLING PLACES.—Not later 

16 than October 1, 2006, the Commission shall adopt vol17 untary guidance with respect to the requirement to ensure 

18 adequate and appropriately-trained staffing at polling 

19 places under section 303A.’’. 

20 (b) ENFORCEMENT.— 

21 (1) REQUIREMENTS FOR ADEQUATE STAFF AND

22 EQUIPMENT AT POLLING PLACES.—Section 401 of 

23 such Act (42 U.S.C. 15511) is amended by striking 

24 ‘‘sections 301, 302, and 303’’ and inserting ‘‘subtitle 

25 A of title III’’. 


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1 (2) CLARIFICATION OF AVAILABILITY OF PRI2 VATE RIGHT OF ACTION.—Section 401 of such Act 

3 (42 U.S.C. 15511) is amended— 

4 (A) by striking ‘‘The Attorney General’’ 

5 and inserting ‘‘(a) IN GENERAL’’; and 

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

7 subsections: 

8 ‘‘(b) FILING OF COMPLAINTS BY AGGRIEVED PER9 SONS.— 

10 ‘‘(1) IN GENERAL.—A person who is aggrieved 

11 by a violation of subtitle A of title III which is oc12 curring or which is about to occur may file a writ13 ten, signed, notarized complaint with the Attorney 

14 General describing the violation and requesting the 

15 Attorney General to take appropriate action under 

16 this section. 

17 ‘‘(2) RESPONSE BY ATTORNEY GENERAL.—The 

18 Attorney General shall respond to each complaint 

19 filed under paragraph (1), in accordance with proce20 dures established by the Attorney General that re21 quire responses and determinations to be made with22 in the same (or shorter) deadlines which apply to a 

23 State under the State-based administrative com24 plaint procedures described in section 402(a)(2). 


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1 ‘‘(c) CLARIFICATION OF AVAILABILITY OF PRIVATE

2 RIGHT OF ACTION.—Nothing in this section may be con3 strued to prohibit any person from bringing an action 

4 under section 1979 of the Revised Statutes of the United 

5 States (42 U.S.C. 1983) to enforce the uniform and non6 discriminatory election technology and administration re7 quirements under subtitle A of title III. 

8 ‘‘(d) NO EFFECT ON STATE PROCEDURES.—Nothing 

9 in this section may be construed to affect the availability 

10 of the State-based administrative complaint procedures re11 quired under section 402 to any person filing a complaint 

12 under this subsection.’’. 

13 (c) CLERICAL AMENDMENT.—The table of contents 

14 of such Act is amended by inserting after the item relating 

15 to section 303 the following new item: 

‘‘Sec. 303A. Requirements for adequate staff and equipment at polling places’’. 

16 SEC. 202. CLARIFICATION OF APPLICATION OF ELECTION 

17 ADMINISTRATION REQUIREMENTS TO EARLY 

18 VOTING SITES. 

19 (a) IN GENERAL.—Subtitle A of title III of the Help 

20 America Vote Act of 2002 (42 U.S.C. 15481 et seq.), as 

21 amended by section 201(a), is amended by inserting after 

22 section 303A the following new section: 


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1 ‘‘SEC. 303B. CLARIFICATION OF APPLICATION OF REQUIRE2 MENTS TO EARLY VOTING SITES. 

3 ‘‘Except as may be specifically provided, the uniform 

4 and nondiscriminatory election technology and administra5 tion requirements of this subtitle which apply with respect 

6 to voting in person in elections for Federal office apply 

7 with respect to voting in person at each site established 

8 by a State or jurisdiction for the casting of ballots in such 

9 an election, without regard to whether the ballots are cast 

10 on the regularly scheduled date of the election or on an 

11 earlier date.’’. 

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

13 of such Act, as amended by section 201(c), is amended 

14 by inserting after the item relating to section 303A the 

15 following new item: 

‘‘Sec. 303B. Clarification of application of requirements to early voting sites’’. 

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

17 this section shall take effect as if included in the enact18 ment of the Help America Vote Act of 2002. 

19 SEC. 203. AVAILABILITY OF ADDITIONAL FUNDS TO EN20 ABLE STATES TO MEET REQUIREMENTS. 

21 Section 257(a) of such Act (42 U.S.C. 15407(a)) is 

22 amended by adding at the end the following new para23 graph: 

24 ‘‘(4) For fiscal year 2006, $50,000,000, except 

25 that any funds provided under the authorization 


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1 made by this paragraph may be used by a State only 

2 to meet the requirements of section 303A.’’. 

3 SEC. 204. STUDY OF ALTERNATIVE METHODS FOR STAFF4 ING OF POLLING PLACES. 

5 (a) STUDY.—The Election Assistance Commission 

6 shall conduct a study of the feasibility and desirability of 

7 using alternative methods to obtain poll workers and other 

8 election officials to staff polling places on the dates of elec9 tions, including— 

10 (1) recruiting secondary school students, other 

11 government employees, and employees of private 

12 businesses; and 

13 (2) recruiting individuals who are bilingual. 

14 (b) REPORT.—Not later than January 1, 2008, the 

15 Election Assistance Commission shall submit to the Presi16 dent and Congress a report on the study conducted under 

17 subsection (a), and shall include in the report such rec18 ommendations for legislative and administrative actions as 

19 the Commission considers appropriate. 

20 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

21 are authorized to be appropriated to the Election Assist22 ance Commission $2,000,000 to carry out this section. 


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1 TITLE III—PROMOTING EFFEC2 TIVE REGISTRATION OF VOT3 ERS 

4 SEC. 301. ISSUANCE OF DURABLE VOTER REGISTRATION 

5 CARDS. 

6 (a) REQUIRING STATES TO ISSUE CARDS UPON REG7 ISTRATION.— 

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

9 Help America Vote Act of 2002 (42 U.S.C. 15481 

10 et seq.), as amended by sections 201(a) and 202(a), 

11 is amended by inserting after section 303B the fol12 lowing new section: 

13 ‘‘SEC. 303C. ISSUANCE OF DURABLE VOTER REGISTRATION 

14 CARDS. 

15 ‘‘(a) REQUIRING STATES TO ISSUE CARDS UPON

16 REGISTRATION.— 

17 ‘‘(1) IN GENERAL.—Immediately upon approv18 ing an individual’s completed voter registration ap19 plication form (or, in the case of an individual in a 

20 same-day registration State who submits the form 

21 on the date of an election, not later than one week 

22 after approving the form), the appropriate State 

23 election official shall provide the individual with a 

24 durable voter registration card at no charge to the 

25 individual which shall serve as proof that the indiVerDate Aug 31 2005 04:03 Mar 21, 2006 Jkt 049200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\H4989.IH H4989

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1 vidual is duly registered to vote in elections for Fed2 eral office held at the polling place which serves the 

3 individual’s address identified on the card. 

4 ‘‘(2) INFORMATION INCLUDED ON CARD.—The 

5 voter registration card provided to an individual 

6 under paragraph (1) shall include the individual’s 

7 name and address. 

8 ‘‘(b) PAYMENTS TO STATES.— 

9 ‘‘(1) GRANTS TO COVER COSTS OF ISSUING

10 CARDS.—The Commission shall make grants to each 

11 eligible State for purposes of assisting the State in 

12 meeting the requirement to issue voter registration 

13 cards under this section. 

14 ‘‘(2) ELIGIBILITY.—A State is eligible to re15 ceive a grant under this section if it submits to the 

16 Commission (at such time as the Commission may 

17 require) an application containing such information 

18 and assurances as the Commission may require. 

19 ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.— 

20 There are authorized to be appropriated for fiscal 

21 year 2006 and each succeeding fiscal year such sums 

22 as may be necessary for grants under this section. 

23 ‘‘(c) SAME-DAY REGISTRATION STATE DEFINED.— 

24 In this section, term ‘same-day registration State’ means 

25 a State in which, under law that is in effect continuously 


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1 on and after the date of the enactment of the Electoral 

2 Fairness Act of 2006, all voters in the State may register 

3 to vote at the polling place at the time of voting in a gen4 eral election for Federal office.’’. 

5 (2) ISSUANCE OF CARDS TO CURRENT REG6 ISTRANTS.—Not later than the expiration of the 3- 

7 month period which begins on the date of the enact8 ment of this Act, the appropriate election official of 

9 each State shall issue a durable voter registration 

10 card under section 303C of the Help America Vote 

11 Act of 2002 (as added by paragraph (1)) to each in12 dividual who is registered to vote in elections for 

13 Federal office in the State as of the expiration of 

14 such period. 

15 (3) CLERICAL AMENDMENT.—The table of con16 tents of such Act, as amended by sections 201(c) 

17 and 202(b), is amended by inserting after the item 

18 relating to section 303B the following new item: 

‘‘Sec. 303C. Issuance of durable voter registration cards’’. 

19 (b) INDIVIDUALS PRODUCING CARDS AT POLLING

20 PLACE DEEMED ELIGIBLE TO CAST VOTES.—Section 303 

21 of such Act (42 U.S.C. 15483) is amended— 

22 (1) by redesignating subsection (d) as sub23 section (e); and 

24 (2) by inserting after subsection (c) the fol25 lowing new subsection: 


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1 ‘‘(d) INDIVIDUALS PRODUCING VOTER REGISTRA2 TION CARDS AT POLLING PLACE DEEMED ELIGIBLE.— 

3 ‘‘(1) ELIGIBILITY TO CAST VOTES IN ELEC4 TIONS.—An individual whose name does not appear 

5 on the official list of individuals eligible to vote in 

6 an election for Federal office at a polling place shall 

7 be deemed eligible to vote in the election and shall 

8 be permitted to vote in the usual manner (rather 

9 than by provisional ballot) at the polling place if— 

10 ‘‘(A) the individual presents to the appro11 priate election official at the polling place the 

12 durable voter registration card issued to the in13 dividual under section 303C; 

14 ‘‘(B) the address shown on the voter reg15 istration card is an address within the jurisdic16 tion served by the polling place with respect to 

17 the election; and 

18 ‘‘(C) the individual presents to the official 

19 a copy of a current utility bill, bank statement, 

20 government check, paycheck, or other current 

21 government document that shows the same 

22 name and address shown on the voter registra23 tion card, or presents a signed affidavit attest24 ing that the individual’s name and address is 

25 the same as shown on such card. 


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1 ‘‘(2) PUBLICATION OF INFORMATION.—The 

2 chief State election official shall ensure that infor3 mation regarding the ability of individuals to vote at 

4 polling places in accordance with this subsection is 

5 included in the voting information publicly posted at 

6 polling places under section 302(b) and is posted on 

7 a public website maintained by the chief State elec8 tion official. 

9 ‘‘(3) NO ADDITIONAL IDENTIFICATION RE10 QUIRED.—Nothing in this subsection may be con11 strued to require an individual as a condition of vot12 ing at a polling place to present the durable voter 

13 registration card issued under section 303C or any 

14 other form of identification which is not otherwise 

15 required to be presented under this Act. 

16 ‘‘(4) NO EFFECT ON RIGHT TO CAST PROVI17 SIONAL BALLOT.—Nothing in this subsection may be 

18 construed to affect the right of any individual to 

19 cast a provisional ballot under section 302.’’. 

20 (c) USE OF CARD TO MEET IDENTIFICATION RE21 QUIREMENT FOR FIRST-TIME VOTERS WHO REGISTER BY

22 MAIL.— 

23 (1) INDIVIDUALS VOTING IN PERSON.—Section 

24 303(b)(2)(A)(i) of such Act (42 U.S.C. 

25 15483(b)(2)(A)(i)) is amended— 


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1 (A) by striking ‘‘or’’ at the end of sub2 clause (I); 

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

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

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

6 subclause: 

7 ‘‘(III) presents to the appropriate 

8 State or local election official the du9 rable voter registration card issued to 

10 the individual under section 303C.’’. 

11 (2) INDIVIDUALS VOTING BY MAIL.—Section 

12 303(b)(2)(A)(ii) of such Act (42 U.S.C. 

13 15483(b)(2)(A)(ii)) is amended— 

14 (A) by striking ‘‘or’’ at the end of sub15 clause (I); 

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

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

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

19 subclause: 

20 ‘‘(III) a copy of the durable voter 

21 registration card issued to the indi22 vidual under section 303C.’’. 


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1 SEC. 302. NOTICE AND REVIEW REQUIREMENTS FOR RE2 MOVAL OF INDIVIDUALS FROM OFFICIAL 

3 LIST OF ELIGIBLE VOTERS BY REASON 

4 OTHER THAN CHANGE OF RESIDENCE. 

5 (a) IN GENERAL.—Section 8 of the National Voter 

6 Registration Act of 1993 (42 U.S.C. 1973gg—6) is 

7 amended— 

8 (1) by redesignating subsection (j) as sub9 section (k); and 

10 (2) by inserting after subsection (i) the fol11 lowing new subsection: 

12 ‘‘(j) NOTICE AND REVIEW REQUIREMENTS FOR RE13 MOVAL OF INDIVIDUALS FROM LIST OF ELIGIBLE VOT14 ERS BY REASON OTHER THAN CHANGE OF RESI15 DENCE.— 

16 ‘‘(1) MINIMUM NOTICE PRIOR TO REMOVAL.— 

17 ‘‘(A) IN GENERAL.—In addition to any 

18 other requirements applicable under this sec19 tion, a State may not remove a registrant from 

20 the official list of eligible voters for an election 

21 for Federal office by reason other than death or 

22 a change of residence unless the State provides 

23 the registrant with a notice of removal meeting 

24 the requirements of subparagraph (B) not later 

25 than 30 days before the date of the election. 


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1 ‘‘(B) REQUIREMENTS FOR NOTICE.—The 

2 notice required under this subparagraph shall 

3 be sent by forwardable mail, and shall include 

4 the following: 

5 ‘‘(i) A statement that the State in6 tends to remove the registrant from the of7 ficial list of eligible voters for elections for 

8 Federal office. 

9 ‘‘(ii) A description of the reasons for 

10 removal, including (in the case of an indi11 vidual proposed to be removed by reason of 

12 criminal conviction) sufficient identifying 

13 information on the criminal conviction al14 leged to be the basis for removal to enable 

15 the registrant to determine whether the 

16 registrant was convicted of the offense 

17 cited in the notice. 

18 ‘‘(iii) A statement that the registrant 

19 may obtain a review of the removal from 

20 an appropriate State election official in ac21 cordance with paragraph (2). 

22 ‘‘(iv) A postage pre-paid and pre-ad23 dressed envelope and a clear list of contact 

24 information for the appropriate State elecVerDate Aug 31 2005 04:03 Mar 21, 2006 Jkt 049200 PO 00000 Frm 00030 Fmt 6652 Sfmt 6201 E:\BILLS\H4989.IH H4989

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1 tion official that includes a mailing ad2 dress, telephone number, and fax number. 

3 ‘‘(2) REVIEW OF DECISION TO REMOVE.— 

4 ‘‘(A) IN GENERAL.—A registrant who re5 ceives a notice of removal under paragraph (1) 

6 may submit a written request to a designated 

7 State election official to withdraw the notice 

8 and retain the registrant on the official list of 

9 eligible voters, and may include in the request 

10 such information and evidence as the registrant 

11 considers appropriate to show that the reg12 istrant is not subject to removal from the list 

13 under State law, including information and evi14 dence showing that the registrant was not con15 victed of the criminal offense cited in the notice 

16 or that the period of ineligibility imposed as the 

17 result of a conviction of a criminal offense has 

18 expired (in the case of an individual proposed to 

19 be removed by reason of criminal conviction). 

20 ‘‘(B) RESPONSE BY STATE.—Not later 

21 than 10 days after receiving a request from a 

22 registrant under subparagraph (A), the State 

23 shall review the information and evidence in24 cluded and accept or reject the request, and 


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1 shall notify the registrant in writing of its deci2 sion. 

3 ‘‘(3) SPECIAL RULES FOR REMOVAL BY REASON

4 OF DEATH OF REGISTRANT.—In the case of an indi5 vidual proposed to be removed by reason of death— 

6 ‘‘(A) the notice of removal under para7 graph (1) shall be addressed to the occupant of 

8 the most recent address of the registrant in the 

9 records of the appropriate State election offi10 cial; 

11 ‘‘(B) the notice shall include a statement 

12 that the occupant should notify the appropriate 

13 State election official immediately if the notice 

14 of the registrant’s death is in error; 

15 ‘‘(C) if the notice of removal was issued in 

16 error, the registrant may submit a written re17 quest under paragraph (2) to withdraw the no18 tice and retain the registrant on the official list 

19 of eligible voters; and 

20 ‘‘(D) if the registrant submits such a writ21 ten request, the State shall notify the registrant 

22 of the decision made under paragraph (2)(B) 

23 with respect to the request. 

24 ‘‘(4) OPPORTUNITY TO CAST PROVISIONAL BAL25 LOT.—Any registrant who receives a notice of reVerDate Aug 31 2005 04:03 Mar 21, 2006 Jkt 049200 PO 00000 Frm 00032 Fmt 6652 Sfmt 6201 E:\BILLS\H4989.IH H4989

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1 moval under paragraph (1) and believes that the re2 moval decision was made in error shall be permitted 

3 to cast a provisional ballot in an election for Federal 

4 office in accordance with section 302(a) of the Help 

5 America Vote Act of 2002, and the vote cast by such 

6 a ballot shall be counted in the election (in accord7 ance with the standards and procedures of such sec8 tion) if it is determined that the removal decision 

9 was made in error. 

10 ‘‘(5) NO EXPANSION OF GROUNDS FOR RE11 MOVAL.—Nothing in this subsection may be con12 strued to require or authorize the establishment of 

13 any grounds for the removal of a registrant from the 

14 official list of eligible voters for an election for Fed15 eral office which were not in effect prior to the en16 actment of this subsection.’’. 

17 (b) ADOPTION OF VOLUNTARY GUIDANCE REGARD18 ING AUDITS OF COMPUTERIZED LIST.—Section 311 of 

19 such Act (42 U.S.C. 15501), as amended by sections 

20 101(b)(2) and 201(a)(2), is amended by adding at the end 

21 the following new subsection: 

22 ‘‘(f) VOLUNTARY GUIDANCE REGARDING AUDITS OF

23 COMPUTERIZED LIST.—Not later than October 1, 2006, 

24 the Commission shall adopt voluntary guidance with re25 spect to audits of the Statewide computerized voter regVerDate Aug 31 2005 04:03 Mar 21, 2006 Jkt 049200 PO 00000 Frm 00033 Fmt 6652 Sfmt 6201 E:\BILLS\H4989.IH H4989

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1 istration list required to be maintained under section 303 

2 so that each State will be able to ensure that the list re3 flects an accurate and complete count of all individuals 

4 who are validly registered to vote in elections for Federal 

5 office in the State and is secure against unauthorized 

6 uses.’’. 

7 (c) CONFORMING AMENDMENTS.— 

8 (1) NATIONAL VOTER REGISTRATION ACT OF

9 1993.—Section 8 of the National Voter Registration 

10 Act of 1993 (42 U.S.C. 1973gg—6) is amended— 

11 (A) in subsection (a)(3)(B), by striking 

12 ‘‘State law,’’ and inserting ‘‘State law and con13 sistent with the requirements of subsection 

14 (j),’’; 

15 (B) in subsection (a)(4)(A), by striking the 

16 semicolon at the end and inserting and ‘‘, con17 sistent with the requirements of subsection 

18 (j);’’; 

19 (C) in the heading for subsection (d), by 

20 inserting after ‘‘ROLLS’’ the following: ‘‘BY

21 REASON OF CHANGE OF RESIDENCE’’; and 

22 (D) in subsection (i)(2), by inserting after 

23 ‘‘subsection (d)(2)’’ the following: ‘‘and all per24 sons to whom notices described in subsection 

25 (j)’’. 


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1 (2) HELP AMERICA VOTE ACT OF 2002.—Section 

2 303(a) of the Help America Vote Act of 2002 (42 

3 U.S.C. 15483(a)) is amended— 

4 (A) in paragraph (2)(A)(i), by striking 

5 ‘‘and (e)’’ and inserting ‘‘(e), and (j)’’; and 

6 (B) in paragraph (4)(B), by striking 

7 ‘‘Safeguards’’ and inserting ‘‘In addition to 

8 meeting the applicable notice and review re9 quirements of section 8 of the National Voter 

10 Registration Act of 1993, safeguards’’. 

11 (d) RULE OF CONSTRUCTION.—Nothing in this sec12 tion or any amendment made by this section may be con13 strued— 

14 (1) to affect the right of any individual to cast 

15 a provisional ballot under section 302(a) of the Help 

16 America Vote Act of 2002; or 

17 (2) to prohibit any State from providing indi18 viduals threatened with removal from the official list 

19 of eligible voters in the State with greater protec20 tions than those required under section 8(j) of the 

21 National Voter Registration Act of 1993 (as added 

22 by subsection (a)). 

23 (e) EFFECTIVE DATE.—The amendments made by 

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1 uled general election for Federal office in November 2006 

2 and each succeeding election for Federal office. 

3 SEC. 303. CONTENTS AND TREATMENT OF VOTER REG4 ISTRATION FORMS. 

5 (a) OPPORTUNITY TO CORRECT INCOMPLETE

6 FORMS.—Section 303(b)(4)(B) of the Help America Vote 

7 Act of 2002 (42 U.S.C. 15483(b)(4)(B)) is amended by 

8 striking ‘‘to answer the question included on the mail voter 

9 registration form pursuant to subparagraph (A)(i)’’ and 

10 inserting ‘‘to provide any information required on any 

11 voter registration form used by the State under section 

12 6 of the National Voter Registration Act of 1993’’. 

13 (b) COMPLETED NATIONAL FORM DEEMED COM14 PLETE FOR ALL STATES.—Section 303(b) of such Act (42 

15 U.S.C. 15483(b)) is amended— 

16 (1) by redesignating paragraph (5) as para17 graph (6); and 

18 (2) by inserting after paragraph (4) the fol19 lowing new paragraph: 

20 ‘‘(5) COMPLETED NATIONAL FORM DEEMED

21 COMPLETE FOR ALL STATES.— 

22 ‘‘(A) TREATMENT OF COMPLETED

23 FORM.—If an applicant for voter registration in 

24 a State submits a voter registration application 

25 form which contains all of the information reVerDate Aug 31 2005 04:03 Mar 21, 2006 Jkt 049200 PO 00000 Frm 00036 Fmt 6652 Sfmt 6201 E:\BILLS\H4989.IH H4989

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1 quired to be provided under the mail voter reg2 istration form developed by the Commission 

3 under section 9(a)(2) of the National Voter 

4 Registration Act of 1993 (whether the form 

5 submitted by the applicant is the form devel6 oped by the Commission or another form devel7 oped and used by the State under section 6(a) 

8 of the National Voter Registration Act of 

9 1993), the State may not refuse to register the 

10 applicant as a voter on the ground that the ap11 plicant failed to complete the form. 

12 ‘‘(B) PRESUMPTION IN FAVOR OF REG13 ISTRATION.—In determining whether applicants 

14 meet the requirements for registering to vote in 

15 elections for Federal office in a State, State 

16 election officials shall act under the presump17 tion that applicants should be registered.’’. 

18 SEC. 304. AVAILABILITY OF UPDATED INFORMATION FOR 

19 REGISTERED VOTERS. 

20 (a) REQUIRING STATES TO MAKE UPDATED INFOR21 MATION AVAILABLE TO REGISTERED VOTERS.—Section 

22 303(a)(1) of the Help America Vote Act of 2002 (42 

23 U.S.C. 15483(a)(1)) is amended— 

24 (1) by redesignating subparagraph (B) as sub25 paragraph (D); and 


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•HR 4989 IH 

1 (2) by inserting after subparagraph (A) the fol2 lowing new subparagraphs: 

3 ‘‘(B) AVAILABILITY OF UPDATED VERSION

4 OF LIST ONLINE AND AT POLLING PLACES.— 

5 ‘‘(i) IN GENERAL.—The appropriate 

6 State or local election official shall ensure 

7 that, at each polling place for an election 

8 for Federal office and on a public website 

9 of the election official of each registrar’s 

10 jurisdiction, a list is available which 

11 shows— 

12 ‘‘(I) all individuals registered to 

13 vote in that election at all polling 

14 places located in the registrar’s juris15 diction, other than any individual who 

16 requests that the appropriate official 

17 exclude the individual’s name from 

18 the list; and 

19 ‘‘(II) for each such individual, 

20 the polling place at which the indi21 vidual is registered. 

22 ‘‘(ii) EXCLUSION OF ADDRESSES.— 

23 The list required to be made available 

24 under clause (i) may not contain the ad25 dress of any individual. 


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1 ‘‘(iii) TIMING.—The appropriate elec2 tion official shall make the list required to 

3 be made available under clause (i)— 

4 ‘‘(I) available not later than 72 

5 hours after the applicable deadline 

6 under State law for registering to vote 

7 in elections for Federal office; or 

8 ‘‘(II) in the case of a same-day 

9 registration State, available on a 

10 weekly basis during the 30-day period 

11 which ends on the date of the election. 

12 ‘‘(iv) PERMITTING INDIVIDUALS TO

13 OPT OUT OF INCLUSION IN PUBLICLY14 POSTED LIST.—If an individual requests 

15 that the appropriate election official ex16 clude the individual’s name from the pub17 licly posted list under this subparagraph— 

18 ‘‘(I) the official shall exclude in19 formation relating to the individual 

20 from the publicly-posted list; and 

21 ‘‘(II) the official shall notify the 

22 individual in a private and confiden23 tial manner of the polling place to 

24 which the individual is assigned in ac25 cordance with the timetable provided 


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•HR 4989 IH 

1 for making the list available under 

2 clause (iii). 

3 ‘‘(v) DEFINITIONS.—In this subpara4 graph— 

5 ‘‘(I) the term ‘registrar’s jurisdic6 tion’ has the meaning given such term 

7 in section 8(j) of the National Voter 

8 Registration Act of 1993 (42 U.S.C. 

9 1973gg-6(j)); and 

10 ‘‘(II) the term ‘same-day reg11 istration State’ has the meaning given 

12 such term in section 303C(c). 

13 ‘‘(C) NOTIFICATION OF CHANGES IN AS14 SIGNED POLLING PLACE.—If an election official 

15 assigns an individual to a polling place which is 

16 different than the polling place at which the in17 dividual was registered to vote under the most 

18 recently available version of the list required to 

19 be made available under subparagraph (B)(i), 

20 the official shall notify the individual of the new 

21 polling place immediately upon making the as22 signment.’’. 

23 (b) CONFORMING AMENDMENT.—Section 303(a)(1) 

24 of such Act (42 U.S.C. 15481(a)(1)) is amended— 


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1 (1) in subparagraph (A), by striking ‘‘subpara2 graph (B)’’ and inserting ‘‘subparagraph (C)’’; and 

3 (2) in subparagraph (C), as redesignated by 

4 subsection (a), by striking ‘‘requirement under sub5 paragraph (A)’’ and inserting ‘‘requirements under 

6 subparagraphs (A) and (B)’’. 

7 SEC. 305. NONAPPLICABILITY TO CERTAIN STATES. 

8 This title and the amendments made by this title 

9 shall not apply to a State in which, under a State law 

10 in effect continuously on and after the date of the enact11 ment of this Act, there is no voter registration require12 ment for individuals in the State with respect to elections 

13 for Federal office. 

14 SEC. 306. EFFECTIVE DATE. 

15 Section 303(e)(2) of the Help America Vote Act of 

16 2002 (42 U.S.C. 15483(e)(2)), as redesignated by section 

17 301(b), is amended— 

18 (1) in subparagraph (A), by striking ‘‘Each 

19 State’’ and inserting ‘‘Except as provided in sub20 paragraph (C), each State’’; 

21 (2) in subparagraph (B), by striking ‘‘The pro22 visions’’ and inserting ‘‘Except as provided in sub23 paragraph (C), the provisions’’; and 

24 (3) by adding at the end the following new sub25 paragraph: 


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1 ‘‘(C) DELAYED EFFECTIVE DATE FOR CER2 TAIN PROVISIONS.—To the extent that any pro3 vision of subsection (b) was amended by the 

4 Electoral Fairness Act of 2006, such provision, 

5 as well as subsection (d), shall apply with re6 spect to the regularly scheduled general election 

7 for Federal office held in November 2006 and 

8 each succeeding election for Federal office.’’. 

Æ 


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