II 

117TH CONGRESS 

1ST SESSION S. 954 

To modernize voter registration, promote access to voting for individuals 

with disabilities, protect the ability of individuals to exercise the right 

to vote in elections for Federal office, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 24, 2021 

Mrs. GILLIBRAND (for herself and Mr. WARNOCK) introduced the following 

bill; which was read twice and referred to the Committee on Rules and 

Administration 

A BILL 

To modernize voter registration, promote access to voting 

for individuals with disabilities, protect the ability of 

individuals to exercise the right to vote in elections for 

Federal office, 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; STATEMENT OF POLICY. 

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

5 ‘‘Voter Empowerment Act of 2021’’. 

6 (b) STATEMENT OF POLICY.—It is the policy of the 

7 United States that— 


pbinns on DSKJLVW7X2PROD with BILLS
2 

•S 954 IS

1 (1) the ability of all eligible citizens of the 

2 United States to access and exercise their constitu3 tional right to vote in a free, fair, and timely manner 

4 must be vigilantly enhanced, protected, and main5 tained; and 

6 (2) the integrity, security, and accountability of 

7 the voting process must be vigilantly protected, 

8 maintained, and enhanced in order to protect and 

9 preserve electoral and participatory democracy in the 

10 United States. 

11 SEC. 2. TABLE OF CONTENTS. 

12 The table of contents of this Act is as follows: 

Sec. 1. Short title; statement of policy. 

Sec. 2. Table of contents. 

TITLE I—VOTER REGISTRATION MODERNIZATION 

Sec. 100. Short title. 

Subtitle A—Promoting Internet Registration 

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

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

Sec. 103. Provision of election information by electronic mail to individuals registered to vote. 

Sec. 104. Clarification of requirement regarding necessary information to show 

eligibility to vote. 

Sec. 105. Prohibiting State from requiring applicants to provide more than last 

4 digits of Social Security number. 

Sec. 106. Application of rules to certain exempt States. 

Sec. 107. Effective date. 

Subtitle B—Automatic Voter Registration 

Sec. 111. Short title; findings and purpose. 

Sec. 112. Automatic registration of eligible individuals. 

Sec. 113. Contributing agency assistance in registration. 

Sec. 114. One-time contributing agency assistance in registration of eligible voters in existing records. 

Sec. 115. Voter protection and security in automatic registration. 

Sec. 116. Registration portability and correction. 

Sec. 117. Payments and grants. 


pbinns on DSKJLVW7X2PROD with BILLS
3 

•S 954 IS

Sec. 118. Treatment of exempt States. 

Sec. 119. Miscellaneous provisions. 

Sec. 120. Definitions. 

Sec. 121. Effective date. 

Subtitle C—Same Day Voter Registration 

Sec. 131. Same day registration. 

Subtitle D—Conditions on Removal on Basis of Interstate Cross-Checks 

Sec. 141. Conditions on removal of registrants from official list of eligible voters on basis of interstate cross-checks. 

Subtitle E—Other Initiatives To Promote Voter Registration 

Sec. 151. Biennial reports on voter registration statistics. 

Sec. 152. Ensuring pre-election registration deadlines are consistent with timing of legal public holidays. 

Sec. 153. Use of Postal Service hard copy change of address form to remind 

individuals to update voter registration. 

Sec. 154. Grants to States for activities to encourage involvement of minors in 

election activities. 

Subtitle F—Availability of HAVA Requirements Payments 

Sec. 161. Availability of requirements payments under HAVA to cover costs of 

compliance with new requirements. 

Subtitle G—Prohibiting Interference With Voter Registration 

Sec. 171. Prohibiting hindering, interfering with, or preventing voter registration. 

Sec. 172. Establishment of best practices. 

Subtitle H—Voter Registration Efficiency Act 

Sec. 181. Short title. 

Sec. 182. Requiring applicants for motor vehicle driver’s licenses in new State 

to indicate whether State serves as residence for voter registration purposes. 

Subtitle I—Providing Voter Registration Information to Secondary School 

Students 

Sec. 191. Pilot program for providing voter registration information to secondary school students prior to graduation. 

Sec. 192. Reports. 

Sec. 193. Authorization of appropriations. 

Subtitle J—Voter Registration of Minors 

Sec. 194. Acceptance of voter registration applications from individuals under 

18 years of age. 

TITLE II—ACCESS TO VOTING FOR INDIVIDUALS WITH 

DISABILITIES 


pbinns on DSKJLVW7X2PROD with BILLS
4 

•S 954 IS

Sec. 201. Requirements for States to promote access to voter registration and 

voting for individuals with disabilities. 

Sec. 202. Establishment and maintenance of State accessible election websites. 

Sec. 203. Protections for in-person voting for individuals with disabilities and 

older individuals. 

Sec. 204. Protections for individuals subject to guardianship. 

Sec. 205. Expansion and reauthorization of grant program to assure voting access for individuals with disabilities. 

Sec. 206. Appointments to EAC Board of Advisors. 

Sec. 207. Funding for protection and advocacy systems. 

Sec. 208. Pilot programs for enabling individuals with disabilities to register to 

vote privately and independently at residences. 

Sec. 209. GAO analysis and report on voting access for individuals with disabilities. 

TITLE III—PROHIBITING VOTER CAGING 

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

Sec. 302. Development and adoption of best practices for preventing voter caging. 

TITLE IV—PROHIBITING DECEPTIVE PRACTICES AND 

PREVENTING VOTER INTIMIDATION 

Sec. 401. Short title. 

Sec. 402. Prohibition on deceptive practices in Federal elections. 

Sec. 403. Corrective action. 

Sec. 404. Reports to Congress. 

TITLE V—DEMOCRACY RESTORATION 

Sec. 501. Short title. 

Sec. 502. Findings. 

Sec. 503. Rights of citizens. 

Sec. 504. Enforcement. 

Sec. 505. Notification of restoration of voting rights. 

Sec. 506. Definitions. 

Sec. 507. Relation to other laws. 

Sec. 508. Federal prison funds. 

Sec. 509. Effective date. 

TITLE VI—PROMOTING ACCURACY, INTEGRITY, AND SECURITY 

THROUGH VOTER-VERIFIED PERMANENT PAPER BALLOT 

Sec. 601. Short title. 

Sec. 602. Paper ballot and manual counting requirements. 

Sec. 603. Accessibility and ballot verification for individuals with disabilities. 

Sec. 604. Durability and readability requirements for ballots. 

Sec. 605. Study and report on optimal ballot design. 

Sec. 606. Paper ballot printing requirements. 

Sec. 607. Effective date for new requirements. 

TITLE VII—PROVISIONAL BALLOTS 

Sec. 701. Requirements for counting provisional ballots; establishment of uniform and nondiscriminatory standards. 

TITLE VIII—EARLY VOTING 


pbinns on DSKJLVW7X2PROD with BILLS
5 

•S 954 IS

Sec. 801. Early voting. 

TITLE IX—VOTING BY MAIL 

Sec. 901. Voting by mail. 

Sec. 902. Absentee ballot tracking program. 

Sec. 903. Election mail and delivery improvements. 

Sec. 904. Voting materials postage. 

TITLE X—ABSENT UNIFORMED SERVICES VOTERS AND 

OVERSEAS VOTERS 

Sec. 1001. Pre-election reports on availability and transmission of absentee ballots. 

Sec. 1002. Enforcement. 

Sec. 1003. Revisions to 45-day absentee ballot transmission rule. 

Sec. 1004. Use of single absentee ballot application for subsequent elections. 

Sec. 1005. Extending guarantee of residency for voting purposes to family 

members of absent military personnel. 

Sec. 1006. Requiring transmission of blank absentee ballots under UOCAVA to 

certain voters. 

Sec. 1007. Effective date. 

TITLE XI—POLL WORKER RECRUITMENT AND TRAINING 

Sec. 1101. Grants to States for poll worker recruitment and training. 

Sec. 1102. State defined. 

TITLE XII—ENHANCEMENT OF ENFORCEMENT 

Sec. 1201. Enhancement of enforcement of Help America Vote Act of 2002. 

TITLE XIII—FEDERAL ELECTION INTEGRITY 

Sec. 1301. Prohibition on campaign activities by chief State election administration officials. 

TITLE XIV—PROMOTING VOTER ACCESS THROUGH ELECTION 

ADMINISTRATION IMPROVEMENTS 

Subtitle A—Promoting Voter Access 

Sec. 1401. Treatment of institutions of higher education. 

Sec. 1402. Minimum notification requirements for voters affected by polling 

place changes. 

Sec. 1403. Permitting use of sworn written statement to meet identification requirements for voting. 

Sec. 1404. Accommodations for voters residing in Indian lands. 

Sec. 1405. Ensuring equitable and efficient operation of polling places. 

Sec. 1406. Requiring States to provide secured drop boxes for voted absentee 

ballots in elections for Federal office. 

Sec. 1407. Prohibiting States from restricting curbside voting. 

Subtitle B—Disaster and Emergency Contingency Plans 

Sec. 1411. Requirements for Federal election contingency plans in response to 

natural disasters and emergencies. 

Subtitle C—Improvements in Operation of Election Assistance Commission 


pbinns on DSKJLVW7X2PROD with BILLS
6 

•S 954 IS

Sec. 1421. Reauthorization of Election Assistance Commission. 

Sec. 1422. Requiring States to participate in post-general election surveys. 

Sec. 1423. Reports by National Institute of Standards and Technology on use 

of funds transferred from Election Assistance Commission. 

Sec. 1424. Recommendations to improve operations of Election Assistance 

Commission. 

Sec. 1425. Repeal of exemption of Election Assistance Commission from certain 

government contracting requirements. 

Subtitle D—Miscellaneous Provisions 

Sec. 1431. Application of laws to Commonwealth of Northern Mariana Islands. 

Sec. 1432. Definition of election for Federal office. 

Sec. 1433. No effect on other laws. 

Sec. 1434. Clarification of exemption for States without voter registration. 

TITLE XV—SEVERABILITY 

Sec. 1501. Severability. 

1 TITLE I—VOTER REGISTRATION 

2 MODERNIZATION 

3 SEC. 100. SHORT TITLE. 

4 This title may be cited as the ‘‘Voter Registration 

5 Modernization Act of 2021’’. 

6 Subtitle A—Promoting Internet 

7 Registration 

8 SEC. 101. REQUIRING AVAILABILITY OF INTERNET FOR 

9 VOTER REGISTRATION. 

10 (a) REQUIRING AVAILABILITY OF INTERNET FOR

11 REGISTRATION.—The National Voter Registration Act of 

12 1993 (52 U.S.C. 20501 et seq.) is amended by inserting 

13 after section 6 the following new section: 

14 ‘‘SEC. 6A. INTERNET REGISTRATION. 

15 ‘‘(a) REQUIRING AVAILABILITY OF INTERNET FOR

16 ONLINE REGISTRATION.—Each State, acting through the 

17 chief State election official, shall ensure that the following 


pbinns on DSKJLVW7X2PROD with BILLS
7 

•S 954 IS

1 services are available to the public at any time on the offi2 cial public websites of the appropriate State and local elec3 tion officials in the State, in the same manner and subject 

4 to the same terms and conditions as the services provided 

5 by voter registration agencies under section 7(a): 

6 ‘‘(1) Online application for voter registration. 

7 ‘‘(2) Online assistance to applicants in applying 

8 to register to vote. 

9 ‘‘(3) Online completion and submission by ap10 plicants of the mail voter registration application 

11 form prescribed by the Election Assistance Commis12 sion pursuant to section 9(a)(2), including assist13 ance with providing a signature as required under 

14 subsection (c). 

15 ‘‘(4) Online receipt of completed voter registra16 tion applications. 

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

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

21 if— 

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

24 register to vote by mail in accordance with section 

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


pbinns on DSKJLVW7X2PROD with BILLS
8 

•S 954 IS

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

3 ‘‘(2) the individual meets the requirements of 

4 subsection (c) to provide a signature in electronic 

5 form (but only in the case of applications submitted 

6 during or after the second year in which this section 

7 is in effect in the State). 

8 ‘‘(c) SIGNATURE REQUIREMENTS.— 

9 ‘‘(1) IN GENERAL.—For purposes of this sec10 tion, an individual meets the requirements of this 

11 subsection as follows: 

12 ‘‘(A) In the case of an individual who has 

13 a signature on file with a State agency, includ14 ing the State motor vehicle authority, that is 

15 required to provide voter registration services 

16 under this Act or any other law, the individual 

17 consents to the transfer of that electronic signa18 ture. 

19 ‘‘(B) If subparagraph (A) does not apply, 

20 the individual submits with the application an 

21 electronic copy of the individual’s handwritten 

22 signature through electronic means. 

23 ‘‘(C) If subparagraph (A) and subpara24 graph (B) do not apply, the individual executes 

25 a computerized mark in the signature field on 


pbinns on DSKJLVW7X2PROD with BILLS
9 

•S 954 IS

1 an online voter registration application, in ac2 cordance with reasonable security measures es3 tablished by the State, but only if the State ac4 cepts such mark from the individual. 

5 ‘‘(2) TREATMENT OF INDIVIDUALS UNABLE TO

6 MEET REQUIREMENT.—If an individual is unable to 

7 meet the requirements of paragraph (1), the State 

8 shall— 

9 ‘‘(A) permit the individual to complete all 

10 other elements of the online voter registration 

11 application; 

12 ‘‘(B) permit the individual to provide a sig13 nature at the time the individual requests a bal14 lot in an election (whether the individual re15 quests the ballot at a polling place or requests 

16 the ballot by mail); and 

17 ‘‘(C) if the individual carries out the steps 

18 described in subparagraph (A) and subpara19 graph (B), ensure that the individual is reg20 istered to vote in the State. 

21 ‘‘(3) NOTICE.—The State shall ensure that in22 dividuals applying to register to vote online are noti23 fied of the requirements of paragraph (1) and of the 

24 treatment of individuals unable to meet such re25 quirements, as described in paragraph (2). 


pbinns on DSKJLVW7X2PROD with BILLS
10 

•S 954 IS

1 ‘‘(d) CONFIRMATION AND DISPOSITION.— 

2 ‘‘(1) CONFIRMATION OF RECEIPT.— 

3 ‘‘(A) IN GENERAL.—Upon the online sub4 mission of a completed voter registration appli5 cation by an individual under this section, the 

6 appropriate State or local election official shall 

7 provide the individual a notice confirming the 

8 State’s receipt of the application and providing 

9 instructions on how the individual may check 

10 the status of the application. 

11 ‘‘(B) METHOD OF NOTIFICATION.—The 

12 appropriate State or local election official shall 

13 provide the notice required under subparagraph 

14 (A) though the online submission process and— 

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

16 has provided the official with an electronic 

17 mail address, by electronic mail; and 

18 ‘‘(ii) at the option of the individual, 

19 by text message. 

20 ‘‘(2) NOTICE OF DISPOSITION.— 

21 ‘‘(A) IN GENERAL.—Not later than 7 days 

22 after the appropriate State or local election offi23 cial has approved or rejected an application 

24 submitted by an individual under this section, 


pbinns on DSKJLVW7X2PROD with BILLS
11 

•S 954 IS

1 the official shall provide the individual a notice 

2 of the disposition of the application. 

3 ‘‘(B) METHOD OF NOTIFICATION.—The 

4 appropriate State or local election official shall 

5 provide the notice required under subparagraph 

6 (A) by regular mail and— 

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

8 has provided the official with an electronic 

9 mail address, by electronic mail; and 

10 ‘‘(ii) at the option of the individual, 

11 by text message. 

12 ‘‘(e) PROVISION OF SERVICES IN NONPARTISAN

13 MANNER.—The services made available under subsection 

14 (a) shall be provided in a manner that ensures that, con15 sistent with section 7(a)(5)— 

16 ‘‘(1) the online application does not seek to in17 fluence an applicant’s political preference or party 

18 registration; and 

19 ‘‘(2) there is no display on the website pro20 moting any political preference or party allegiance, 

21 except that nothing in this paragraph may be con22 strued to prohibit an applicant from registering to 

23 vote as a member of a political party. 

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

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


pbinns on DSKJLVW7X2PROD with BILLS
12 

•S 954 IS

1 establish appropriate technological security measures to 

2 prevent to the greatest extent practicable any unauthor3 ized access to information provided by individuals using 

4 the services made available under subsection (a). 

5 ‘‘(g) ACCESSIBILITY OF SERVICES.—A State shall en6 sure that the services made available under this section 

7 are made available to individuals with disabilities to the 

8 same extent as services are made available to all other in9 dividuals. 

10 ‘‘(h) NONDISCRIMINATION AMONG REGISTERED

11 VOTERS USING MAIL AND ONLINE REGISTRATION.—In 

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

13 or any other Federal, State, or local law governing the 

14 treatment of registered voters in the State or the adminis15 tration of elections for public office in the State, a State 

16 shall treat a registered voter who registered to vote online 

17 in accordance with this section in the same manner as the 

18 State treats a registered voter who registered to vote by 

19 mail.’’. 

20 (b) SPECIAL REQUIREMENTS FOR INDIVIDUALS

21 USING ONLINE REGISTRATION.— 

22 (1) TREATMENT AS INDIVIDUALS REGISTERING

23 TO VOTE BY MAIL FOR PURPOSES OF FIRST-TIME

24 VOTER IDENTIFICATION REQUIREMENTS.—Section 

25 303(b)(1)(A) of the Help America Vote Act of 2002 


pbinns on DSKJLVW7X2PROD with BILLS
13 

•S 954 IS

1 (52 U.S.C. 21083(b)(1)(A)) is amended by striking 

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

3 section 6A of the National Voter Registration Act of 

4 1993’’. 

5 (2) REQUIRING SIGNATURE FOR FIRST-TIME

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

7 Act (52 U.S.C. 21083(b)) is amended— 

8 (A) by redesignating paragraph (5) as 

9 paragraph (6); and 

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

11 following new paragraph: 

12 ‘‘(5) SIGNATURE REQUIREMENTS FOR FIRST13 TIME VOTERS USING ONLINE REGISTRATION.— 

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

15 uniform and nondiscriminatory manner, require 

16 an individual to meet the requirements of sub17 paragraph (B) if— 

18 ‘‘(i) the individual registered to vote 

19 in the State online under section 6A of the 

20 National Voter Registration Act of 1993; 

21 and 

22 ‘‘(ii) the individual has not previously 

23 voted in an election for Federal office in 

24 the State. 


pbinns on DSKJLVW7X2PROD with BILLS
14 

•S 954 IS

1 ‘‘(B) REQUIREMENTS.—An individual 

2 meets the requirements of this subparagraph 

3 if— 

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

5 votes in person, the individual provides the 

6 appropriate State or local election official 

7 with a handwritten signature; or 

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

9 votes by mail, the individual submits with 

10 the ballot a handwritten signature. 

11 ‘‘(C) INAPPLICABILITY.—Subparagraph 

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

13 who is— 

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

15 under the Uniformed and Overseas Citi16 zens Absentee Voting Act (52 U.S.C. 

17 20302 et seq.); 

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

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

21 for the Elderly and Handicapped Act (52 

22 U.S.C. 20102(b)(2)(B)(ii)); or 

23 ‘‘(iii) entitled to vote otherwise than 

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


pbinns on DSKJLVW7X2PROD with BILLS
15 

•S 954 IS

1 (3) CONFORMING AMENDMENT RELATING TO

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

3 Act (52 U.S.C. 21083(d)(2)(A)) is amended by 

4 striking ‘‘Each State’’ and inserting ‘‘Except as pro5 vided in subsection (b)(5), each State’’. 

6 (c) CONFORMING AMENDMENTS.— 

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

8 of the National Voter Registration Act of 1993 (52 

9 U.S.C. 20507(a)(1)) is amended— 

10 (A) by striking ‘‘and’’ at the end of sub11 paragraph (C); 

12 (B) by redesignating subparagraph (D) as 

13 subparagraph (E); and 

14 (C) by inserting after subparagraph (C) 

15 the following new subparagraph: 

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

17 through the official public website of an election 

18 official under section 6A, if the valid voter reg19 istration application is submitted online not 

20 later than the lesser of 28 days, or the period 

21 provided by State law, before the date of the 

22 election (as determined by treating the date on 

23 which the application is sent electronically as 

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


pbinns on DSKJLVW7X2PROD with BILLS
16 

•S 954 IS

1 (2) INFORMING APPLICANTS OF ELIGIBILITY

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

3 of such Act (52 U.S.C. 20507(a)(5)) is amended by 

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

5 SEC. 102. USE OF INTERNET TO UPDATE REGISTRATION IN6 FORMATION. 

7 (a) IN GENERAL.— 

8 (1) UPDATES TO INFORMATION CONTAINED ON

9 COMPUTERIZED STATEWIDE VOTER REGISTRATION

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

11 of 2002 (52 U.S.C. 21083(a)) is amended by adding 

12 at the end the following new paragraph: 

13 ‘‘(6) USE OF INTERNET BY REGISTERED VOT14 ERS TO UPDATE INFORMATION.— 

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

16 or local election official shall ensure that any 

17 registered voter on the computerized list may at 

18 any time update the voter’s registration infor19 mation, including the voter’s address and elec20 tronic mail address, online through the official 

21 public website of the election official responsible 

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

23 voter attests to the contents of the update by 

24 providing a signature in electronic form in the 


pbinns on DSKJLVW7X2PROD with BILLS
17 

•S 954 IS

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

2 the National Voter Registration Act of 1993. 

3 ‘‘(B) PROCESSING OF UPDATED INFORMA4 TION BY ELECTION OFFICIALS.—If a registered 

5 voter updates registration information under 

6 subparagraph (A), the appropriate State or 

7 local election official shall— 

8 ‘‘(i) revise any information on the 

9 computerized list to reflect the update 

10 made by the voter; and 

11 ‘‘(ii) if the updated registration infor12 mation affects the voter’s eligibility to vote 

13 in an election for Federal office, ensure 

14 that the information is processed with re15 spect to the election if the voter updates 

16 the information not later than the lesser of 

17 7 days, or the period provided by State 

18 law, before the date of the election. 

19 ‘‘(C) CONFIRMATION AND DISPOSITION.— 

20 ‘‘(i) CONFIRMATION OF RECEIPT.— 

21 Upon the online submission of updated 

22 registration information by an individual 

23 under this paragraph, the appropriate 

24 State or local election official shall send 

25 the individual a notice confirming the 


pbinns on DSKJLVW7X2PROD with BILLS
18 

•S 954 IS

1 State’s receipt of the updated information 

2 and providing instructions on how the indi3 vidual may check the status of the update. 

4 ‘‘(ii) NOTICE OF DISPOSITION.—Not 

5 later than 7 days after the appropriate 

6 State or local election official has accepted 

7 or rejected updated information submitted 

8 by an individual under this paragraph, the 

9 official shall send the individual a notice of 

10 the disposition of the update. 

11 ‘‘(iii) METHOD OF NOTIFICATION.— 

12 The appropriate State or local election offi13 cial shall send the notices required under 

14 this subparagraph by regular mail and— 

15 ‘‘(I) in the case of an individual 

16 who has requested that the State pro17 vide voter registration and voting in18 formation through electronic mail, by 

19 electronic mail; and 

20 ‘‘(II) at the option of the indi21 vidual, by text message.’’. 

22 (2) CONFORMING AMENDMENT RELATING TO

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

24 Act (52 U.S.C. 21083(d)(1)(A)) is amended by 


pbinns on DSKJLVW7X2PROD with BILLS
19 

•S 954 IS

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

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

6 1993 (52 U.S.C. 20507(d)(2)(A)) is amended— 

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

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

12 Vote Act of 2002’’; and 

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

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

18 SEC. 103. PROVISION OF ELECTION INFORMATION BY 

19 ELECTRONIC MAIL TO INDIVIDUALS REG20 ISTERED TO VOTE. 

21 (a) INCLUDING OPTION ON VOTER REGISTRATION

22 APPLICATION TO PROVIDE EMAIL ADDRESS AND RE23 CEIVE INFORMATION.— 


pbinns on DSKJLVW7X2PROD with BILLS
20 

•S 954 IS

1 (1) IN GENERAL.—Section 9(b) of the National 

2 Voter Registration Act of 1993 (52 U.S.C. 

3 20508(b)) is amended— 

4 (A) by striking ‘‘and’’ at the end of para5 graph (3); 

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

7 paragraph (4) and inserting ‘‘; and’’; and 

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

9 paragraph: 

10 ‘‘(5) shall include a space for the applicant to 

11 provide (at the applicant’s option) an electronic mail 

12 address, together with a statement that, if the appli13 cant so requests, instead of using regular mail the 

14 appropriate State and local election officials shall 

15 provide to the applicant, through electronic mail sent 

16 to that address, the same voting information (as de17 fined in section 302(b)(2) of the Help America Vote 

18 Act of 2002) which the officials would provide to the 

19 applicant through regular mail.’’. 

20 (2) PROHIBITING USE FOR PURPOSES UNRE21 LATED TO OFFICIAL DUTIES OF ELECTION OFFI22 CIALS.—Section 9 of such Act (52 U.S.C. 20508) is 

23 amended by adding at the end the following new 

24 subsection: 


pbinns on DSKJLVW7X2PROD with BILLS
21 

•S 954 IS

1 ‘‘(c) PROHIBITING USE OF ELECTRONIC MAIL AD2 DRESSES FOR OTHER THAN OFFICIAL PURPOSES.—The 

3 chief State election official shall ensure that any electronic 

4 mail address provided by an applicant under subsection 

5 (b)(5) is used only for purposes of carrying out official 

6 duties of election officials and is not transmitted by any 

7 State or local election official (or any agent of such an 

8 official, including a contractor) to any person who does 

9 not require the address to carry out such official duties 

10 and who is not under the direct supervision and control 

11 of a State or local election official.’’. 

12 (b) REQUIRING PROVISION OF INFORMATION BY

13 ELECTION OFFICIALS.—Section 302(b) of the Help Amer14 ica Vote Act of 2002 (52 U.S.C. 21082(b)) is amended 

15 by adding at the end the following new paragraph: 

16 ‘‘(3) PROVISION OF OTHER INFORMATION BY

17 ELECTRONIC MAIL.—If an individual who is a reg18 istered voter has provided the State or local election 

19 official with an electronic mail address for the pur20 pose of receiving voting information (as described in 

21 section 9(b)(5) of the National Voter Registration 

22 Act of 1993), the appropriate State or local election 

23 official, through electronic mail transmitted not later 

24 than 7 days before the date of the election for Fed25 eral office involved, shall provide the individual with 


pbinns on DSKJLVW7X2PROD with BILLS
22 

•S 954 IS

1 information on how to obtain the following informa2 tion by electronic means: 

3 ‘‘(A) The name and address of the polling 

4 place at which the individual is assigned to vote 

5 in the election. 

6 ‘‘(B) The hours of operation for the polling 

7 place. 

8 ‘‘(C) A description of any identification or 

9 other information the individual may be re10 quired to present at the polling place.’’. 

11 SEC. 104. CLARIFICATION OF REQUIREMENT REGARDING 

12 NECESSARY INFORMATION TO SHOW ELIGI13 BILITY TO VOTE. 

14 Section 8 of the National Voter Registration Act of 

15 1993 (52 U.S.C. 20507) is amended— 

16 (1) by redesignating subsection (j) as sub17 section (k); and 

18 (2) by inserting after subsection (i) the fol19 lowing new subsection: 

20 ‘‘(j) REQUIREMENT FOR STATE TO REGISTER APPLI21 CANTS PROVIDING NECESSARY INFORMATION TO SHOW

22 ELIGIBILITY TO VOTE.—For purposes meeting the re23 quirement of subsection (a)(1) that an eligible applicant 

24 is registered to vote in an election for Federal office within 

25 the deadlines required under such subsection, the State 


pbinns on DSKJLVW7X2PROD with BILLS
23 

•S 954 IS

1 shall consider an applicant to have provided a ‘valid voter 

2 registration form’ if— 

3 ‘‘(1) the applicant has substantially completed 

4 the application form and attested to the statement 

5 required by section 9(b)(2); and 

6 ‘‘(2) in the case of an applicant who registers 

7 to vote online in accordance with section 6A, the ap8 plicant provides a signature in accordance with sub9 section (c) of such section.’’. 

10 SEC. 105. PROHIBITING STATE FROM REQUIRING APPLI11 CANTS TO PROVIDE MORE THAN LAST 4 DIG12 ITS OF SOCIAL SECURITY NUMBER. 

13 (a) FORM INCLUDED WITH APPLICATION FOR

14 MOTOR VEHICLE DRIVER’S LICENSE.—Section 

15 5(c)(2)(B)(ii) of the National Voter Registration Act of 

16 1993 (52 U.S.C. 20504(c)(2)(B)(ii)) is amended by strik17 ing the semicolon at the end and inserting the following: 

18 ‘‘, and to the extent that the application requires the appli19 cant to provide a Social Security number, may not require 

20 the applicant to provide more than the last 4 digits of such 

21 number;’’. 

22 (b) NATIONAL MAIL VOTER REGISTRATION FORM.— 

23 Section 9(b)(1) of such Act (52 U.S.C. 20508(b)(1)) is 

24 amended by striking the semicolon at the end and insert25 ing the following: ‘‘, and to the extent that the form reVerDate Sep 11 2014 05:45 Apr 28, 2021 Jkt 019200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\S954.IS S954

pbinns on DSKJLVW7X2PROD with BILLS
24 

•S 954 IS

1 quires the applicant to provide a Social Security number, 

2 the form may not require the applicant to provide more 

3 than the last 4 digits of such number;’’. 

4 SEC. 106. APPLICATION OF RULES TO CERTAIN EXEMPT 

5 STATES. 

6 Section 4 of the National Voter Registration Act of 

7 1993 (52 U.S.C. 20503) is amended by adding at the end 

8 the following new subsection: 

9 ‘‘(c) APPLICATION OF INTERNET VOTER REGISTRA10 TION RULES.—Notwithstanding subsection (b), the fol11 lowing provisions shall apply to a State described in para12 graph (2) thereof: 

13 ‘‘(1) Section 6A (as added by section 1001(a) 

14 of the Voter Registration Modernization Act of 

15 2021). 

16 ‘‘(2) Section 8(a)(1)(D) (as added by section 

17 1001(c)(1) of the Voter Registration Modernization 

18 Act of 2021). 

19 ‘‘(3) Section 8(a)(5) (as amended by section 

20 1001(c)(2) of Voter Registration Modernization Act 

21 of 2021), but only to the extent such provision re22 lates to section 6A. 

23 ‘‘(4) Section 8(j) (as added by section 1004 of 

24 the Voter Registration Modernization Act of 2021), 


pbinns on DSKJLVW7X2PROD with BILLS
25 

•S 954 IS

1 but only to the extent such provision relates to sec2 tion 6A.’’. 

3 SEC. 107. EFFECTIVE DATE. 

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

5 (b), the amendments made by this subtitle (other than the 

6 amendments made by section 104) shall take effect Janu7 ary 1, 2022. 

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

9 Assistance Commission, if a State certifies to the Election 

10 Assistance Commission that the State will not meet the 

11 deadline referred to in subsection (a) because of extraor12 dinary circumstances and includes in the certification the 

13 reasons for the failure to meet the deadline, subsection 

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

15 subsection to ‘‘January 1, 2022’’ were a reference to 

16 ‘‘January 1, 2024’’. 

17 Subtitle B—Automatic Voter 

18 Registration 

19 SEC. 111. SHORT TITLE; FINDINGS AND PURPOSE. 

20 (a) SHORT TITLE.—This subtitle may be cited as the 

21 ‘‘Automatic Voter Registration Act of 2021’’. 

22 (b) FINDINGS AND PURPOSE.— 

23 (1) FINDINGS.—Congress finds that— 

24 (A) the right to vote is a fundamental 

25 right of citizens of the United States; 


pbinns on DSKJLVW7X2PROD with BILLS
26 

•S 954 IS

1 (B) it is the responsibility of the State and 

2 Federal Governments to ensure that every eligi3 ble citizen is registered to vote; 

4 (C) existing voter registration systems can 

5 be inaccurate, costly, inaccessible and con6 fusing, with damaging effects on voter partici7 pation in elections for Federal office and dis8 proportionate impacts on young people, persons 

9 with disabilities, and racial and ethnic minori10 ties; and 

11 (D) voter registration systems must be up12 dated with 21st century technologies and proce13 dures to maintain their security. 

14 (2) PURPOSE.—It is the purpose of this sub15 title— 

16 (A) to establish that it is the responsibility 

17 of government at every level to ensure that all 

18 eligible citizens are registered to vote in elec19 tions for Federal office; 

20 (B) to enable the State and Federal Gov21 ernments to register all eligible citizens to vote 

22 with accurate, cost-efficient, and up-to-date pro23 cedures; 


pbinns on DSKJLVW7X2PROD with BILLS
27 

•S 954 IS

1 (C) to modernize voter registration and list 

2 maintenance procedures with electronic and 

3 internet capabilities; and 

4 (D) to protect and enhance the integrity, 

5 accuracy, efficiency, and accessibility of the 

6 electoral process for all eligible citizens. 

7 SEC. 112. AUTOMATIC REGISTRATION OF ELIGIBLE INDI8 VIDUALS. 

9 (a) REQUIRING STATES TO ESTABLISH AND OPER10 ATE AUTOMATIC REGISTRATION SYSTEM.— 

11 (1) IN GENERAL.—The chief State election offi12 cial of each State shall establish and operate a sys13 tem of automatic registration for the registration of 

14 eligible individuals to vote for elections for Federal 

15 office in the State, in accordance with the provisions 

16 of this subtitle. 

17 (2) DEFINITION.—The term ‘‘automatic reg18 istration’’ means a system that registers an indi19 vidual to vote in elections for Federal office in a 

20 State, if eligible, by electronically transferring the 

21 information necessary for registration from govern22 ment agencies to election officials of the State so 

23 that, unless the individual affirmatively declines to 

24 be registered, the individual will be registered to vote 

25 in such elections. 


pbinns on DSKJLVW7X2PROD with BILLS
28 

•S 954 IS

1 (b) REGISTRATION OF VOTERS BASED ON NEW

2 AGENCY RECORDS.—The chief State election official 

3 shall— 

4 (1) not later than 15 days after a contributing 

5 agency has transmitted information with respect to 

6 an individual pursuant to section 113, ensure that 

7 the individual is registered to vote in elections for 

8 Federal office in the State if the individual is eligible 

9 to be registered to vote in such elections; and 

10 (2) not later than 120 days after a contributing 

11 agency has transmitted such information with re12 spect to the individual, send written notice to the in13 dividual, in addition to other means of notice estab14 lished by this subtitle, of the individual’s voter reg15 istration status. 

16 (c) ONE-TIME REGISTRATION OF VOTERS BASED ON

17 EXISTING CONTRIBUTING AGENCY RECORDS.—The chief 

18 State election official shall— 

19 (1) identify all individuals whose information is 

20 transmitted by a contributing agency pursuant to 

21 section 114 and who are eligible to be, but are not 

22 currently, registered to vote in that State; 

23 (2) promptly send each such individual written 

24 notice, in addition to other means of notice estab25 lished by this subtitle, which shall not identify the 


pbinns on DSKJLVW7X2PROD with BILLS
29 

•S 954 IS

1 contributing agency that transmitted the informa2 tion but shall include— 

3 (A) an explanation that voter registration 

4 is voluntary, but if the individual does not de5 cline registration, the individual will be reg6 istered to vote; 

7 (B) a statement offering the opportunity to 

8 decline voter registration through means con9 sistent with the requirements of this subtitle; 

10 (C) in the case of a State in which affili11 ation or enrollment with a political party is re12 quired in order to participate in an election to 

13 select the party’s candidate in an election for 

14 Federal office, a statement offering the indi15 vidual the opportunity to affiliate or enroll with 

16 a political party or to decline to affiliate or en17 roll with a political party, through means con18 sistent with the requirements of this subtitle; 

19 (D) the substantive qualifications of an 

20 elector in the State as listed in the mail voter 

21 registration application form for elections for 

22 Federal office prescribed pursuant to section 9 

23 of the National Voter Registration Act of 1993, 

24 the consequences of false registration, and a 

25 statement that the individual should decline to 


pbinns on DSKJLVW7X2PROD with BILLS
30 

•S 954 IS

1 register if the individual does not meet all those 

2 qualifications; 

3 (E) instructions for correcting any erro4 neous information; and 

5 (F) instructions for providing any addi6 tional information which is listed in the mail 

7 voter registration application form for elections 

8 for Federal office prescribed pursuant to section 

9 9 of the National Voter Registration Act of 

10 1993; 

11 (3) ensure that each such individual who is eli12 gible to register to vote in elections for Federal of13 fice in the State is promptly registered to vote not 

14 later than 45 days after the official sends the indi15 vidual the written notice under paragraph (2), un16 less, during the 30-day period which begins on the 

17 date the election official sends the individual such 

18 written notice, the individual declines registration in 

19 writing, through a communication made over the 

20 internet, or by an officially-logged telephone commu21 nication; and 

22 (4) send written notice to each such individual, 

23 in addition to other means of notice established by 

24 this subtitle, of the individual’s voter registration 

25 status. 


pbinns on DSKJLVW7X2PROD with BILLS
31 

•S 954 IS

1 (d) TREATMENT OF INDIVIDUALS UNDER 18 YEARS

2 OF AGE.—A State may not refuse to treat an individual 

3 as an eligible individual for purposes of this subtitle on 

4 the grounds that the individual is less than 18 years of 

5 age at the time a contributing agency receives information 

6 with respect to the individual, so long as the individual 

7 is at least 16 years of age at such time. Nothing in the 

8 previous sentence may be construed to require a State to 

9 permit an individual who is under 18 years of age at the 

10 time of an election for Federal office to vote in the elec11 tion. 

12 (e) CONTRIBUTING AGENCY DEFINED.—In this sub13 title, the term ‘‘contributing agency’’ means, with respect 

14 to a State, an agency listed in section 113(e). 

15 SEC. 113. CONTRIBUTING AGENCY ASSISTANCE IN REG16 ISTRATION. 

17 (a) IN GENERAL.—In accordance with this subtitle, 

18 each contributing agency in a State shall assist the State’s 

19 chief election official in registering to vote all eligible indi20 viduals served by that agency. 

21 (b) REQUIREMENTS FOR CONTRIBUTING AGEN22 CIES.— 

23 (1) INSTRUCTIONS ON AUTOMATIC REGISTRA24 TION.—Except as otherwise provided in this section, 

25 with each application for service or assistance, and 


pbinns on DSKJLVW7X2PROD with BILLS
32 

•S 954 IS

1 with each related recertification, renewal, or change 

2 of address, or, in the case of a covered institution 

3 of higher education, upon initial enrollment of an in4 State student, each contributing agency (other than 

5 a contributing agency described in subsection 

6 (e)(1)(B)(ii)) that (in the normal course of its oper7 ations) requests individuals to affirm United States 

8 citizenship (either directly or as part of the overall 

9 application for service or assistance or enrollment) 

10 shall inform each such individual who is a citizen of 

11 the United States of the following: 

12 (A) Unless that individual declines to reg13 ister to vote, or is found ineligible to vote, the 

14 individual will be registered to vote or, if appli15 cable, the individual’s registration will be up16 dated. 

17 (B) The substantive qualifications of an 

18 elector in the State as listed in the mail voter 

19 registration application form for elections for 

20 Federal office prescribed pursuant to section 9 

21 of the National Voter Registration Act of 1993, 

22 the consequences of false registration, and the 

23 individual should decline to register if the indi24 vidual does not meet all those qualifications. 


pbinns on DSKJLVW7X2PROD with BILLS
33 

•S 954 IS

1 (C) In the case of a State in which affili2 ation or enrollment with a political party is re3 quired in order to participate in an election to 

4 select the party’s candidate in an election for 

5 Federal office, the requirement that the indi6 vidual must affiliate or enroll with a political 

7 party in order to participate in such an election. 

8 (D) Voter registration is voluntary, and 

9 neither registering nor declining to register to 

10 vote will in any way affect the availability of 

11 services or benefits, nor be used for other pur12 poses. 

13 (2) OPPORTUNITY TO DECLINE REGISTRATION

14 REQUIRED.—Except as otherwise provided in this 

15 section, each contributing agency shall ensure that 

16 each application for service or assistance, and each 

17 related recertification, renewal, or change of address, 

18 cannot be completed until the individual is given the 

19 opportunity to decline to be registered to vote. 

20 (3) INFORMATION TRANSMITTAL.—Upon the 

21 expiration of the 30-day period which begins on the 

22 date a contributing agency as described in para23 graph (1) informs an individual of the information 

24 described in such paragraph, unless the individual 

25 has declined to be registered to vote or informs the 


pbinns on DSKJLVW7X2PROD with BILLS
34 

•S 954 IS

1 agency that they are already registered to vote, each 

2 contributing agency shall electronically transmit to 

3 the appropriate State election official, in a format 

4 compatible with the statewide voter database main5 tained under section 303 of the Help America Vote 

6 Act of 2002 (52 U.S.C. 21083), the following infor7 mation: 

8 (A) The individual’s given name(s) and 

9 surname(s). 

10 (B) The individual’s date of birth. 

11 (C) The individual’s residential address. 

12 (D) Information showing that the indi13 vidual is a citizen of the United States. 

14 (E) The date on which information per15 taining to that individual was collected or last 

16 updated. 

17 (F) If available, the individual’s signature 

18 in electronic form. 

19 (G) Except in the case in which the con20 tributing agency is a covered institution of 

21 higher education, in the case of a State in 

22 which affiliation or enrollment with a political 

23 party is required in order to participate in an 

24 election to select the party’s candidate in an 

25 election for Federal office, information regardVerDate Sep 11 2014 05:45 Apr 28, 2021 Jkt 019200 PO 00000 Frm 00034 Fmt 6652 Sfmt 6201 E:\BILLS\S954.IS S954

pbinns on DSKJLVW7X2PROD with BILLS
35 

•S 954 IS

1 ing the individual’s affiliation or enrollment 

2 with a political party, but only if the individual 

3 provides such information. 

4 (H) Any additional information listed in 

5 the mail voter registration application form for 

6 elections for Federal office prescribed pursuant 

7 to section 9 of the National Voter Registration 

8 Act of 1993, including any valid driver’s license 

9 number or the last 4 digits of the individual’s 

10 Social Security number, if the individual pro11 vided such information. 

12 (c) ALTERNATE PROCEDURE FOR CERTAIN CON13 TRIBUTING AGENCIES.— 

14 (1) IN GENERAL.—With each application for 

15 service or assistance, and with each related recertifi16 cation, renewal, or change of address, a contributing 

17 agency described in paragraph (2) shall— 

18 (A) complete the requirements of section 

19 7(a)(6) of the National Voter Registration Act 

20 of 1993 (52 U.S.C. 20506(a)(6)); 

21 (B) ensure that each applicant’s trans22 action with the agency cannot be completed 

23 until the applicant has indicated whether the 

24 applicant wishes to register to vote or declines 


pbinns on DSKJLVW7X2PROD with BILLS
36 

•S 954 IS

1 to register to vote in elections for Federal office 

2 held in the State; and 

3 (C) for each individual who wishes to reg4 ister to vote, transmit that individual’s informa5 tion in accordance with subsection (b)(3). 

6 (2) CONTRIBUTING AGENCIES DESCRIBED.— 

7 The following contributing agencies are described in 

8 this paragraph: 

9 (A) Any contributing agency (other than a 

10 contributing agency that is a covered institution 

11 of higher education) that in the normal course 

12 of its operations does not request individuals 

13 applying for service or assistance to affirm 

14 United States citizenship (either directly or as 

15 part of the overall application for service or as16 sistance). 

17 (B) A contributing agency described in 

18 subsection (e)(1)(B)(ii). 

19 (d) REQUIRED AVAILABILITY OF AUTOMATIC REG20 ISTRATION OPPORTUNITY WITH EACH APPLICATION FOR

21 SERVICE OR ASSISTANCE.—Each contributing agency 

22 shall offer each individual, with each application for serv23 ice or assistance, and with each related recertification, re24 newal, or change of address, or in the case of an institu25 tion of higher education, upon initial enrollment of a stuVerDate Sep 11 2014 05:45 Apr 28, 2021 Jkt 019200 PO 00000 Frm 00036 Fmt 6652 Sfmt 6201 E:\BILLS\S954.IS S954

pbinns on DSKJLVW7X2PROD with BILLS
37 

•S 954 IS

1 dent, the opportunity to register to vote as prescribed by 

2 this section without regard to whether the individual pre3 viously declined a registration opportunity. 

4 (e) CONTRIBUTING AGENCIES.— 

5 (1) STATE AGENCIES.—In each State, each of 

6 the following agencies shall be treated as a contrib7 uting agency: 

8 (A) Each agency in a State that is re9 quired by Federal law to provide voter registra10 tion services, including the State motor vehicle 

11 authority and other voter registration agencies 

12 under the National Voter Registration Act of 

13 1993. 

14 (B) Each agency in a State that admin15 isters a program pursuant to— 

16 (i) title III of the Social Security Act 

17 (42 U.S.C. 501 et seq.); 

18 (ii) title XIX of the Social Security 

19 Act (42 U.S.C. 1396 et seq.); or 

20 (iii) the Patient Protection and Af21 fordable Care Act (Public Law 111–148). 

22 (C) Each State agency primarily respon23 sible for regulating the private possession of 

24 firearms. 


pbinns on DSKJLVW7X2PROD with BILLS
38 

•S 954 IS

1 (D) Each State agency primarily respon2 sible for maintaining identifying information for 

3 students enrolled at public secondary schools, 

4 including, where applicable, the State agency 

5 responsible for maintaining the education data 

6 system described in section 6201(e)(2) of the 

7 America COMPETES Act (20 U.S.C. 

8 9871(e)(2)). 

9 (E) In the case of a State in which an in10 dividual disenfranchised by a criminal convic11 tion may become eligible to vote upon comple12 tion of a criminal sentence or any part thereof, 

13 or upon formal restoration of rights, the State 

14 agency responsible for administering that sen15 tence, or part thereof, or that restoration of 

16 rights. 

17 (F) Any other agency of the State which is 

18 designated by the State as a contributing agen19 cy. 

20 (2) FEDERAL AGENCIES.—In each State, each 

21 of the following agencies of the Federal Government 

22 shall be treated as a contributing agency with re23 spect to individuals who are residents of that State 

24 (except as provided in subparagraph (C)): 


pbinns on DSKJLVW7X2PROD with BILLS
39 

•S 954 IS

1 (A) The Social Security Administration, 

2 the Department of Veterans Affairs, the De3 fense Manpower Data Center of the Depart4 ment of Defense, the Employee and Training 

5 Administration of the Department of Labor, 

6 and the Center for Medicare & Medicaid Serv7 ices of the Department of Health and Human 

8 Services. 

9 (B) The Bureau of Citizenship and Immi10 gration Services, but only with respect to indi11 viduals who have completed the naturalization 

12 process. 

13 (C) In the case of an individual who is a 

14 resident of a State in which an individual 

15 disenfranchised by a criminal conviction under 

16 Federal law may become eligible to vote upon 

17 completion of a criminal sentence or any part 

18 thereof, or upon formal restoration of rights, 

19 the Federal agency responsible for admin20 istering that sentence or part thereof (without 

21 regard to whether the agency is located in the 

22 same State in which the individual is a resi23 dent), but only with respect to individuals who 

24 have completed the criminal sentence or any 

25 part thereof. 


pbinns on DSKJLVW7X2PROD with BILLS
40 

•S 954 IS

1 (D) Any other agency of the Federal gov2 ernment which the State designates as a con3 tributing agency, but only if the State and the 

4 head of the agency determine that the agency 

5 collects information sufficient to carry out the 

6 responsibilities of a contributing agency under 

7 this section. 

8 (3) INSTITUTIONS OF HIGHER EDUCATION.— 

9 (A) IN GENERAL.—Each covered institu10 tion of higher education shall be treated as a 

11 contributing agency in the State in which the 

12 institution is located with respect to in-State 

13 students. 

14 (B) PROCEDURES FOR INSTITUTIONS OF

15 HIGHER EDUCATION.—Notwithstanding section 

16 444 of the General Education Provisions Act 

17 (20 U.S.C. 1232g; commonly referred to as the 

18 ‘‘Family Educational Rights and Privacy Act of 

19 1974’’) or any other provision of law, each cov20 ered institution of higher education shall com21 ply with the requirements of subsection (b) with 

22 respect to each in-State student. In complying 

23 with such requirements, an institution of higher 

24 education— 


pbinns on DSKJLVW7X2PROD with BILLS
41 

•S 954 IS

1 (i) may use information provided in 

2 the Free Application for Federal Student 

3 Aid described in section 483 of the Higher 

4 Education Act of 1965 (20 U.S.C.1090) to 

5 collect information described in paragraph 

6 (3) of such subsection (b) for purposes of 

7 transmitting such information to the ap8 propriate State election official pursuant to 

9 such paragraph; 

10 (ii) shall not be required to prevent or 

11 delay students from enrolling in a course 

12 of study or otherwise impede the comple13 tion of the enrollment process; 

14 (iii) shall not request information on 

15 the affiliation or enrollment with a political 

16 party of a student in accordance with sub17 section (b)(3)(G); and 

18 (iv) shall not withhold, delay, or im19 pede the provision of Federal financial aid 

20 provided under title IV of the Higher Edu21 cation Act of 1965 (20 U.S.C. 1070 et 

22 seq.). 

23 (C) CLARIFICATION.—Nothing in this sub24 title shall be construed to require an institution 

25 of higher education to request each student afVerDate Sep 11 2014 05:45 Apr 28, 2021 Jkt 019200 PO 00000 Frm 00041 Fmt 6652 Sfmt 6201 E:\BILLS\S954.IS S954

pbinns on DSKJLVW7X2PROD with BILLS
42 

•S 954 IS

1 firm whether or not the student is a United 

2 States citizen or otherwise collect information 

3 with respect to citizenship. 

4 (4) PUBLICATION.—Not later than 180 days 

5 prior to the date of each election for Federal office 

6 held in the State, the chief State election official 

7 shall publish on the public website of the official an 

8 updated list of all contributing agencies in that 

9 State. 

10 (5) PUBLIC EDUCATION.—The chief State elec11 tion official of each State, in collaboration with each 

12 contributing agency, shall take appropriate measures 

13 to educate the public about voter registration under 

14 this section. 

15 (6) PERMITTING STATE MEDICAID AGENCIES TO

16 SHARE INFORMATION WITH ELECTION OFFICIALS

17 FOR VOTER REGISTRATION PURPOSES.—Section 

18 1902(a)(7)(A) of the Social Security Act (42 U.S.C. 

19 1396a(a)(7)(A)) is amended— 

20 (A) in clause (i), by striking ‘‘; and’’ and 

21 inserting a semicolon; and 

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

23 clause: 

24 ‘‘(iii) the provision to an appropriate 

25 State election official, in accordance with 


pbinns on DSKJLVW7X2PROD with BILLS
43 

•S 954 IS

1 subsection (c) of section 113 of the Auto2 matic Voter Registration Act of 2021, of 

3 information described in subsection (b)(3) 

4 of such section with respect to an applicant 

5 or recipient; and’’. 

6 (f) DEFINITIONS.—In this section: 

7 (1) COVERED INSTITUTION OF HIGHER EDU8 CATION.—The term ‘‘covered institution of higher 

9 education’’ means an institution of higher education 

10 that— 

11 (A) has a program participation agreement 

12 in effect with the Secretary of Education under 

13 section 487 of the Higher Education Act of 

14 1965 (20 U.S.C. 1094); 

15 (B) is located in a State to which section 

16 4(b)(1) of the National Voter Registration Act 

17 of 1993 (52 U.S.C. 20503(b)(1)) does not 

18 apply. 

19 (2) IN-STATE STUDENT.—The term ‘‘in-State 

20 student’’— 

21 (A) means a student enrolled in a covered 

22 institution of higher education who, for pur23 poses related to in-State tuition, financial aid 

24 eligibility, or other similar purposes, resides in 

25 the State; and 


pbinns on DSKJLVW7X2PROD with BILLS
44 

•S 954 IS

1 (B) includes a student described in sub2 paragraph (A) who is enrolled in a program of 

3 distance education, as defined in section 103 of 

4 the Higher Education Act of 1965 (20 U.S.C. 

5 1003). 

6 SEC. 114. ONE-TIME CONTRIBUTING AGENCY ASSISTANCE 

7 IN REGISTRATION OF ELIGIBLE VOTERS IN 

8 EXISTING RECORDS. 

9 (a) INITIAL TRANSMITTAL OF INFORMATION.—For 

10 each individual already listed in a contributing agency’s 

11 records as of the date of enactment of this Act, and for 

12 whom the agency has the information listed in section 

13 113(b)(3), the agency shall promptly transmit that infor14 mation to the appropriate State election official in accord15 ance with section 113(b)(3) not later than the effective 

16 date described in section 121(a). 

17 (b) TRANSITION.—For each individual listed in a con18 tributing agency’s records as of the effective date de19 scribed in section 121(a) (but who was not listed in a con20 tributing agency’s records as of the date of enactment of 

21 this Act), and for whom the agency has the information 

22 listed in section 113(b)(3), the Agency shall promptly 

23 transmit that information to the appropriate State election 

24 official in accordance with section 113(b)(3) not later than 


pbinns on DSKJLVW7X2PROD with BILLS
45 

•S 954 IS

1 6 months after the effective date described in section 

2 121(a). 

3 SEC. 115. VOTER PROTECTION AND SECURITY IN AUTO4 MATIC REGISTRATION. 

5 (a) PROTECTIONS FOR ERRORS IN REGISTRATION.— 

6 An individual shall not be prosecuted under any Federal 

7 or State law, adversely affected in any civil adjudication 

8 concerning immigration status or naturalization, or sub9 ject to an allegation in any legal proceeding that the indi10 vidual is not a citizen of the United States on any of the 

11 following grounds: 

12 (1) The individual notified an election office of 

13 the individual’s automatic registration to vote under 

14 this subtitle. 

15 (2) The individual is not eligible to vote in elec16 tions for Federal office but was automatically reg17 istered to vote under this subtitle. 

18 (3) The individual was automatically registered 

19 to vote under this subtitle at an incorrect address. 

20 (4) The individual declined the opportunity to 

21 register to vote or did not make an affirmation of 

22 citizenship, including through automatic registration, 

23 under this subtitle. 

24 (b) LIMITS ON USE OF AUTOMATIC REGISTRA25 TION.—The automatic registration of any individual or the 


pbinns on DSKJLVW7X2PROD with BILLS
46 

•S 954 IS

1 fact that an individual declined the opportunity to register 

2 to vote or did not make an affirmation of citizenship (in3 cluding through automatic registration) under this subtitle 

4 may not be used as evidence against that individual in any 

5 State or Federal law enforcement proceeding, and an indi6 vidual’s lack of knowledge or willfulness of such registra7 tion may be demonstrated by the individual’s testimony 

8 alone. 

9 (c) PROTECTION OF ELECTION INTEGRITY.—Noth10 ing in subsections (a) or (b) may be construed to prohibit 

11 or restrict any action under color of law against an indi12 vidual who— 

13 (1) knowingly and willfully makes a false state14 ment to effectuate or perpetuate automatic voter 

15 registration by any individual; or 

16 (2) casts a ballot knowingly and willfully in vio17 lation of State law or the laws of the United States. 

18 (d) CONTRIBUTING AGENCIES’ PROTECTION OF IN19 FORMATION.—Nothing in this subtitle authorizes a con20 tributing agency to collect, retain, transmit, or publicly 

21 disclose any of the following: 

22 (1) An individual’s decision to decline to reg23 ister to vote or not to register to vote. 

24 (2) An individual’s decision not to affirm his or 

25 her citizenship. 


pbinns on DSKJLVW7X2PROD with BILLS
47 

•S 954 IS

1 (3) Any information that a contributing agency 

2 transmits pursuant to section 113(b)(3), except in 

3 pursuing the agency’s ordinary course of business. 

4 (e) ELECTION OFFICIALS’ PROTECTION OF INFOR5 MATION.— 

6 (1) PUBLIC DISCLOSURE PROHIBITED.— 

7 (A) IN GENERAL.—Subject to subpara8 graph (B), with respect to any individual for 

9 whom any State election official receives infor10 mation from a contributing agency, the State 

11 election officials shall not publicly disclose any 

12 of the following: 

13 (i) The identity of the contributing 

14 agency. 

15 (ii) Any information not necessary to 

16 voter registration. 

17 (iii) Any voter information otherwise 

18 shielded from disclosure under State law or 

19 section 8(a) of the National Voter Reg20 istration Act of 1993 (52 U.S.C. 

21 20507(a)). 

22 (iv) Any portion of the individual’s 

23 Social Security number. 

24 (v) Any portion of the individual’s 

25 motor vehicle driver’s license number. 


pbinns on DSKJLVW7X2PROD with BILLS
48 

•S 954 IS

1 (vi) The individual’s signature. 

2 (vii) The individual’s telephone num3 ber. 

4 (viii) The individual’s email address. 

5 (B) SPECIAL RULE FOR INDIVIDUALS REG6 ISTERED TO VOTE.—With respect to any indi7 vidual for whom any State election official re8 ceives information from a contributing agency 

9 and who, on the basis of such information, is 

10 registered to vote in the State under this sub11 title, the State election officials shall not pub12 licly disclose any of the following: 

13 (i) The identity of the contributing 

14 agency. 

15 (ii) Any information not necessary to 

16 voter registration. 

17 (iii) Any voter information otherwise 

18 shielded from disclosure under State law or 

19 section 8(a) of the National Voter Reg20 istration Act of 1993 (52 U.S.C. 

21 20507(a)). 

22 (iv) Any portion of the individual’s 

23 Social Security number. 

24 (v) Any portion of the individual’s 

25 motor vehicle driver’s license number. 


pbinns on DSKJLVW7X2PROD with BILLS
49 

•S 954 IS

1 (vi) The individual’s signature. 

2 (2) VOTER RECORD CHANGES.—Each State 

3 shall maintain for at least 2 years and shall make 

4 available for public inspection (and, where available, 

5 photocopying at a reasonable cost), including in elec6 tronic form and through electronic methods, all 

7 records of changes to voter records, including remov8 als, the reasons for removals, and updates. 

9 (3) DATABASE MANAGEMENT STANDARDS.— 

10 The Director of the National Institute of Standards 

11 and Technology shall, after providing the public with 

12 notice and the opportunity to comment— 

13 (A) establish standards governing the com14 parison of data for voter registration list main15 tenance purposes, identifying as part of such 

16 standards the specific data elements, the 

17 matching rules used, and how a State may use 

18 the data to determine and deem that an indi19 vidual is ineligible under State law to vote in an 

20 election, or to deem a record to be a duplicate 

21 or outdated; 

22 (B) ensure that the standards developed 

23 pursuant to this paragraph are uniform and 

24 nondiscriminatory and are applied in a uniform 

25 and nondiscriminatory manner; and 


pbinns on DSKJLVW7X2PROD with BILLS
50 

•S 954 IS

1 (C) not later than 45 days after the dead2 line for public notice and comment, publish the 

3 standards developed pursuant to this paragraph 

4 on the Director’s website and make those 

5 standards available in written form upon re6 quest. 

7 (4) SECURITY POLICY.—The Director of the 

8 National Institute of Standards and Technology 

9 shall, after providing the public with notice and the 

10 opportunity to comment, publish privacy and secu11 rity standards for voter registration information not 

12 later than 45 days after the deadline for public no13 tice and comment. The standards shall require the 

14 chief State election official of each State to adopt a 

15 policy that shall specify— 

16 (A) each class of users who shall have au17 thorized access to the computerized statewide 

18 voter registration list, specifying for each class 

19 the permission and levels of access to be grant20 ed, and setting forth other safeguards to pro21 tect the privacy, security, and accuracy of the 

22 information on the list; and 

23 (B) security safeguards to protect personal 

24 information transmitted through the informa25 tion transmittal processes of section 113 or secVerDate Sep 11 2014 05:45 Apr 28, 2021 Jkt 019200 PO 00000 Frm 00050 Fmt 6652 Sfmt 6201 E:\BILLS\S954.IS S954

pbinns on DSKJLVW7X2PROD with BILLS
51 

•S 954 IS

1 tion 114, the online system used pursuant to 

2 section 6A of the National Voter Registration 

3 Act of 1993 (as added by section 101), any 

4 telephone interface, the maintenance of the 

5 voter registration database, and any audit pro6 cedure to track access to the system. 

7 (5) STATE COMPLIANCE WITH NATIONAL

8 STANDARDS.— 

9 (A) CERTIFICATION.—The chief executive 

10 officer of the State shall annually file with the 

11 Election Assistance Commission a statement 

12 certifying to the Director of the National Insti13 tute of Standards and Technology that the 

14 State is in compliance with the standards re15 ferred to in paragraphs (3) and (4). A State 

16 may meet the requirement of the previous sen17 tence by filing with the Commission a statement 

18 which reads as follows: ‘‘lllll hereby 

19 certifies that it is in compliance with the stand20 ards referred to in paragraphs (3) and (4) of 

21 section 115(e) of the Automatic Voter Registra22 tion Act of 2021.’’ (with the blank to be filled 

23 in with the name of the State involved). 

24 (B) PUBLICATION OF POLICIES AND PRO25 CEDURES.—The chief State election official of a 


pbinns on DSKJLVW7X2PROD with BILLS
52 

•S 954 IS

1 State shall publish on the official’s website the 

2 policies and procedures established under this 

3 section, and shall make those policies and pro4 cedures available in written form upon public 

5 request. 

6 (C) FUNDING DEPENDENT ON CERTIFI7 CATION.—If a State does not timely file the cer8 tification required under this paragraph, it shall 

9 not receive any payment under this subtitle for 

10 the upcoming fiscal year. 

11 (D) COMPLIANCE OF STATES THAT RE12 QUIRE CHANGES TO STATE LAW.—In the case 

13 of a State that requires State legislation to 

14 carry out an activity covered by any certifi15 cation submitted under this paragraph, for a 

16 period of not more than 2 years the State shall 

17 be permitted to make the certification notwith18 standing that the legislation has not been en19 acted at the time the certification is submitted, 

20 and such State shall submit an additional cer21 tification once such legislation is enacted. 

22 (f) RESTRICTIONS ON USE OF INFORMATION.—No 

23 person acting under color of law may discriminate against 

24 any individual based on, or use for any purpose other than 


pbinns on DSKJLVW7X2PROD with BILLS
53 

•S 954 IS

1 voter registration, election administration, or enforcement 

2 relating to election crimes, any of the following: 

3 (1) Voter registration records. 

4 (2) An individual’s declination to register to 

5 vote or complete an affirmation of citizenship under 

6 section 113(b). 

7 (3) An individual’s voter registration status. 

8 (g) PROHIBITION ON THE USE OF VOTER REGISTRA9 TION INFORMATION FOR COMMERCIAL PURPOSES.—In10 formation collected under this subtitle shall not be used 

11 for commercial purposes. Nothing in this subsection may 

12 be construed to prohibit the transmission, exchange, or 

13 dissemination of information for political purposes, includ14 ing the support of campaigns for election for Federal, 

15 State, or local public office or the activities of political 

16 committees (including committees of political parties) 

17 under the Federal Election Campaign Act of 1971. 

18 SEC. 116. REGISTRATION PORTABILITY AND CORRECTION. 

19 (a) CORRECTING REGISTRATION INFORMATION AT

20 POLLING PLACE.—Notwithstanding section 302(a) of the 

21 Help America Vote Act of 2002 (52 U.S.C. 21082(a)), if 

22 an individual is registered to vote in elections for Federal 

23 office held in a State, the appropriate election official at 

24 the polling place for any such election (including a location 


pbinns on DSKJLVW7X2PROD with BILLS
54 

•S 954 IS

1 used as a polling place on a date other than the date of 

2 the election) shall permit the individual to— 

3 (1) update the individual’s address for purposes 

4 of the records of the election official; 

5 (2) correct any incorrect information relating to 

6 the individual, including the individual’s name and 

7 political party affiliation, in the records of the elec8 tion official; and 

9 (3) cast a ballot in the election on the basis of 

10 the updated address or corrected information, and to 

11 have the ballot treated as a regular ballot and not 

12 as a provisional ballot under section 302(a) of such 

13 Act. 

14 (b) UPDATES TO COMPUTERIZED STATEWIDE VOTER

15 REGISTRATION LISTS.—If an election official at the poll16 ing place receives an updated address or corrected infor17 mation from an individual under subsection (a), the offi18 cial shall ensure that the address or information is 

19 promptly entered into the computerized Statewide voter 

20 registration list in accordance with section 

21 303(a)(1)(A)(vi) of the Help America Vote Act of 2002 

22 (52 U.S.C. 21083(a)(1)(A)(vi)). 

23 SEC. 117. PAYMENTS AND GRANTS. 

24 (a) IN GENERAL.—The Election Assistance Commis25 sion shall make grants to each eligible State to assist the 


pbinns on DSKJLVW7X2PROD with BILLS
55 

•S 954 IS

1 State in implementing the requirements of this subtitle 

2 (or, in the case of an exempt State, in implementing its 

3 existing automatic voter registration program). 

4 (b) ELIGIBILITY; APPLICATION.—A State is eligible 

5 to receive a grant under this section if the State submits 

6 to the Commission, at such time and in such form as the 

7 Commission may require, an application containing— 

8 (1) a description of the activities the State will 

9 carry out with the grant; 

10 (2) an assurance that the State shall carry out 

11 such activities without partisan bias and without 

12 promoting any particular point of view regarding 

13 any issue; and 

14 (3) such other information and assurances as 

15 the Commission may require. 

16 (c) AMOUNT OF GRANT; PRIORITIES.—The Commis17 sion shall determine the amount of a grant made to an 

18 eligible State under this section. In determining the 

19 amounts of the grants, the Commission shall give priority 

20 to providing funds for those activities which are most like21 ly to accelerate compliance with the requirements of this 

22 subtitle (or, in the case of an exempt State, which are 

23 most likely to enhance the ability of the State to automati24 cally register individuals to vote through its existing auto25 matic voter registration program), including— 


pbinns on DSKJLVW7X2PROD with BILLS
56 

•S 954 IS

1 (1) investments supporting electronic informa2 tion transfer, including electronic collection and 

3 transfer of signatures, between contributing agencies 

4 and the appropriate State election officials; 

5 (2) updates to online or electronic voter reg6 istration systems already operating as of the date of 

7 the enactment of this Act; 

8 (3) introduction of online voter registration sys9 tems in jurisdictions in which those systems did not 

10 previously exist; and 

11 (4) public education on the availability of new 

12 methods of registering to vote, updating registration, 

13 and correcting registration. 

14 (d) AUTHORIZATION OF APPROPRIATIONS.— 

15 (1) AUTHORIZATION.—There are authorized to 

16 be appropriated to carry out this section— 

17 (A) $500,000,000 for fiscal year 2021; and 

18 (B) such sums as may be necessary for 

19 each succeeding fiscal year. 

20 (2) CONTINUING AVAILABILITY OF FUNDS.— 

21 Any amounts appropriated pursuant to the authority 

22 of this subsection shall remain available without fis23 cal year limitation until expended. 


pbinns on DSKJLVW7X2PROD with BILLS
57 

•S 954 IS

1 SEC. 118. TREATMENT OF EXEMPT STATES. 

2 (a) WAIVER OF REQUIREMENTS.—Except as pro3 vided in subsection (b), this subtitle does not apply with 

4 respect to an exempt State. 

5 (b) EXCEPTIONS.—The following provisions of this 

6 subtitle apply with respect to an exempt State: 

7 (1) Section 116 (relating to registration port8 ability and correction). 

9 (2) Section 117 (relating to payments and 

10 grants). 

11 (3) Section 119(e) (relating to enforcement). 

12 (4) Section 119(f) (relating to relation to other 

13 laws). 

14 SEC. 119. MISCELLANEOUS PROVISIONS. 

15 (a) ACCESSIBILITY OF REGISTRATION SERVICES.— 

16 Each contributing agency shall ensure that the services 

17 it provides under this subtitle are made available to indi18 viduals with disabilities to the same extent as services are 

19 made available to all other individuals. 

20 (b) TRANSMISSION THROUGH SECURE THIRD PARTY

21 PERMITTED.—Nothing in this subtitle shall be construed 

22 to prevent a contributing agency from contracting with a 

23 third party to assist the agency in meeting the information 

24 transmittal requirements of this subtitle, so long as the 

25 data transmittal complies with the applicable requirements 


pbinns on DSKJLVW7X2PROD with BILLS
58 

•S 954 IS

1 of this subtitle, including the privacy and security provi2 sions of section 115. 

3 (c) NONPARTISAN, NONDISCRIMINATORY PROVISION

4 OF SERVICES.—The services made available by contrib5 uting agencies under this subtitle and by the State under 

6 sections 115 and 116 shall be made in a manner con7 sistent with paragraphs (4), (5), and (6)(C) of section 7(a) 

8 of the National Voter Registration Act of 1993 (52 U.S.C. 

9 20506(a)). 

10 (d) NOTICES.—Each State may send notices under 

11 this subtitle via electronic mail if the individual has pro12 vided an electronic mail address and consented to elec13 tronic mail communications for election-related materials. 

14 All notices sent pursuant to this subtitle that require a 

15 response must offer the individual notified the opportunity 

16 to respond at no cost to the individual. 

17 (e) ENFORCEMENT.—Section 11 of the National 

18 Voter Registration Act of 1993 (52 U.S.C. 20510), relat19 ing to civil enforcement and the availability of private 

20 rights of action, shall apply with respect to this subtitle 

21 in the same manner as such section applies to such Act. 

22 (f) RELATION TO OTHER LAWS.—Except as pro23 vided, nothing in this subtitle may be construed to author24 ize or require conduct prohibited under, or to supersede, 

25 restrict, or limit the application of any of the following: 


pbinns on DSKJLVW7X2PROD with BILLS
59 

•S 954 IS

1 (1) The Voting Rights Act of 1965 (52 U.S.C. 

2 10301 et seq.). 

3 (2) The Uniformed and Overseas Citizens Ab4 sentee Voting Act (52 U.S.C. 20301 et seq.). 

5 (3) The National Voter Registration Act of 

6 1993 (52 U.S.C. 20501 et seq.). 

7 (4) The Help America Vote Act of 2002 (52 

8 U.S.C. 20901 et seq.). 

9 SEC. 120. DEFINITIONS. 

10 In this subtitle, the following definitions apply: 

11 (1) The term ‘‘chief State election official’’ 

12 means, with respect to a State, the individual des13 ignated by the State under section 10 of the Na14 tional Voter Registration Act of 1993 (52 U.S.C. 

15 20509) to be responsible for coordination of the 

16 State’s responsibilities under such Act. 

17 (2) The term ‘‘Commission’’ means the Election 

18 Assistance Commission. 

19 (3) The term ‘‘exempt State’’ means a State 

20 which, under law which is in effect continuously on 

21 and after the date of the enactment of this Act, op22 erates a system of automatic registration (as defined 

23 in section 112(a)(2)) at the motor vehicle authority 

24 of the State or a Permanent Dividend Fund of the 

25 State under which an individual is provided the opVerDate Sep 11 2014 05:45 Apr 28, 2021 Jkt 019200 PO 00000 Frm 00059 Fmt 6652 Sfmt 6201 E:\BILLS\S954.IS S954

pbinns on DSKJLVW7X2PROD with BILLS
60 

•S 954 IS

1 portunity to decline registration during the trans2 action or by way of a notice sent by mail or elec3 tronically after the transaction. 

4 (4) The term ‘‘State’’ means each of the several 

5 States and the District of Columbia. 

6 SEC. 121. EFFECTIVE DATE. 

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

8 (b), this subtitle and the amendments made by this sub9 title shall apply with respect to a State beginning January 

10 1, 2023. 

11 (b) WAIVER.—Subject to the approval of the Com12 mission, if a State certifies to the Commission that the 

13 State will not meet the deadline referred to in subsection 

14 (a) because of extraordinary circumstances and includes 

15 in the certification the reasons for the failure to meet the 

16 deadline, subsection (a) shall apply to the State as if the 

17 reference in such subsection to ‘‘January 1, 2023’’ were 

18 a reference to ‘‘January 1, 2025’’. 

19 Subtitle C—Same Day Voter 

20 Registration 

21 SEC. 131. SAME DAY REGISTRATION. 

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

23 Vote Act of 2002 (52 U.S.C. 21081 et seq.) is amended— 

24 (1) by redesignating sections 304 and 305 as 

25 sections 305 and 306, respectively; and 


pbinns on DSKJLVW7X2PROD with BILLS
61 

•S 954 IS

1 (2) by inserting after section 303 the following 

2 new section: 

3 ‘‘SEC. 304. SAME DAY REGISTRATION. 

4 ‘‘(a) IN GENERAL.— 

5 ‘‘(1) REGISTRATION.—Each State shall permit 

6 any eligible individual on the day of a Federal elec7 tion and on any day when voting, including early 

8 voting, is permitted for a Federal election— 

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

10 the polling place using a form that meets the 

11 requirements under section 9(b) of the National 

12 Voter Registration Act of 1993 (or, if the indi13 vidual is already registered to vote, to revise 

14 any of the individual’s voter registration infor15 mation); and 

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

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

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

19 under a State law in effect continuously on and after 

20 the date of the enactment of this section, there is no 

21 voter registration requirement for individuals in the 

22 State with respect to elections for Federal office. 

23 ‘‘(b) ELIGIBLE INDIVIDUAL.—For purposes of this 

24 section, the term ‘eligible individual’ means, with respect 


pbinns on DSKJLVW7X2PROD with BILLS
62 

•S 954 IS

1 to any election for Federal office, an individual who is oth2 erwise qualified to vote in that election. 

3 ‘‘(c) EFFECTIVE DATE.—Each State shall be re4 quired to comply with the requirements of subsection (a) 

5 for the regularly scheduled general election for Federal of6 fice occurring in November 2022 and for any subsequent 

7 election for Federal office.’’. 

8 (b) CONFORMING AMENDMENT RELATING TO EN9 FORCEMENT.—Section 401 of such Act (52 U.S.C. 21111) 

10 is amended by striking ‘‘sections 301, 302, and 303’’ and 

11 inserting ‘‘subtitle A of title III’’. 

12 (c) CLERICAL AMENDMENTS.—The table of contents 

13 of such Act is amended— 

14 (1) by redesignating the items relating to sec15 tions 304 and 305 as relating to sections 305 and 

16 306, respectively; and 

17 (2) by inserting after the item relating to sec18 tion 303 the following new item: 

‘‘Sec. 304. Same day registration.’’. 

19 Subtitle D—Conditions on Removal 

20 on Basis of Interstate Cross-Checks 

21 SEC. 141. CONDITIONS ON REMOVAL OF REGISTRANTS 

22 FROM OFFICIAL LIST OF ELIGIBLE VOTERS 

23 ON BASIS OF INTERSTATE CROSS-CHECKS. 

24 (a) MINIMUM INFORMATION REQUIRED FOR RE25 MOVAL UNDER CROSS-CHECK.—Section 8(c)(2) of the 


pbinns on DSKJLVW7X2PROD with BILLS
63 

•S 954 IS

1 National Voter Registration Act of 1993 (52 U.S.C. 

2 20507(c)(2)) is amended— 

3 (1) by redesignating subparagraph (B) as sub4 paragraph (D); and 

5 (2) by inserting after subparagraph (A) the fol6 lowing new subparagraphs: 

7 ‘‘(B) To the extent that the program carried out by 

8 a State under subparagraph (A) to systematically remove 

9 the names of ineligible voters from the official lists of eligi10 ble voters uses information obtained in an interstate cross11 check, in addition to any other conditions imposed under 

12 this Act on the authority of the State to remove the name 

13 of the voter from such a list, the State may not remove 

14 the name of the voter from such a list unless— 

15 ‘‘(i) the State obtained the voter’s full name 

16 (including the voter’s middle name, if any) and date 

17 of birth, and the last 4 digits of the voter’s Social 

18 Security number, in the interstate cross-check; or 

19 ‘‘(ii) the State obtained documentation from the 

20 ERIC system that the voter is no longer a resident 

21 of the State. 

22 ‘‘(C) In this paragraph— 

23 ‘‘(i) the term ‘interstate cross-check’ means the 

24 transmission of information from an election official 


pbinns on DSKJLVW7X2PROD with BILLS
64 

•S 954 IS

1 in one State to an election official of another State; 

2 and 

3 ‘‘(ii) the term ‘ERIC system’ means the system 

4 operated by the Electronic Registration Information 

5 Center to share voter registration information and 

6 voter identification information among participating 

7 States.’’. 

8 (b) REQUIRING COMPLETION OF CROSS-CHECKS

9 NOT LATER THAN 6 MONTHS PRIOR TO ELECTION.— 

10 Subparagraph (A) of section 8(c)(2) of such Act (52 

11 U.S.C. 20507(c)(2)) is amended by striking ‘‘not later 

12 than 90 days’’ and inserting the following: ‘‘not later than 

13 90 days (or, in the case of a program in which the State 

14 uses interstate cross-checks, not later than 6 months)’’. 

15 (c) CONFORMING AMENDMENT.—Subparagraph (D) 

16 of section 8(c)(2) of such Act (52 U.S.C. 20507(c)(2)), 

17 as redesignated by subsection (a)(1), is amended by strik18 ing ‘‘Subparagraph (A)’’ and inserting ‘‘This paragraph’’. 

19 (d) EFFECTIVE DATE.—The amendments made by 

20 this Act shall apply with respect to elections held on or 

21 after the expiration of the 6-month period which begins 

22 on the date of the enactment of this Act. 


pbinns on DSKJLVW7X2PROD with BILLS
65 

•S 954 IS

1 Subtitle E—Other Initiatives To 

2 Promote Voter Registration 

3 SEC. 151. BIENNIAL REPORTS ON VOTER REGISTRATION 

4 STATISTICS. 

5 (a) ANNUAL REPORT.—Not later than 90 days after 

6 the end of each even-numbered year, each State shall sub7 mit to the Election Assistance Commission a report con8 taining the following categories of information for the pre9 ceding 2 years: 

10 (1) The number of individuals who were reg11 istered under subtitle B. 

12 (2) The number of voter registration applica13 tion forms completed by individuals that were trans14 mitted by motor vehicle authorities in the State 

15 (pursuant to section 5(d) of the National Voter Reg16 istration Act of 1993) and voter registration agen17 cies in the State (as designated under section 7 of 

18 such Act) to the chief State election official of the 

19 State, broken down by each such authority and 

20 agency. 

21 (3) The number of such individuals whose voter 

22 registration application forms were accepted and 

23 who were registered to vote in the State and the 

24 number of such individuals whose forms were re25 jected and who were not registered to vote in the 


pbinns on DSKJLVW7X2PROD with BILLS
66 

•S 954 IS

1 State, broken down by each such authority and 

2 agency. 

3 (4) The number of change of address forms and 

4 other forms of information indicating that an indi5 vidual’s identifying information has been changed 

6 that were transmitted by such motor vehicle authori7 ties and voter registration agencies to the chief State 

8 election official of the State, broken down by each 

9 such authority and agency and the type of form 

10 transmitted. 

11 (5) The number of individuals on the Statewide 

12 computerized voter registration list (as established 

13 and maintained under section 303 of the Help 

14 America Vote Act of 2002) whose voter registration 

15 information was revised by the chief State election 

16 official as a result of the forms transmitted to the 

17 official by such motor vehicle authorities and voter 

18 registration agencies (as described in paragraph 

19 (3)), broken down by each such authority and agen20 cy and the type of form transmitted. 

21 (6) The number of individuals who requested 

22 the chief State election official to revise voter reg23 istration information on such list, and the number of 

24 individuals whose information was revised as a result 

25 of such a request. 


pbinns on DSKJLVW7X2PROD with BILLS
67 

•S 954 IS

1 (b) BREAKDOWN OF INFORMATION.—In preparing 

2 the report under this section, the State shall, for each cat3 egory of information described in subsection (a), include 

4 a breakdown by race, ethnicity, age, and gender of the 

5 individuals whose information is included in the category, 

6 to the extent that information on the race, ethnicity, age, 

7 and gender of such individuals is available to the State. 

8 (c) CONFIDENTIALITY OF INFORMATION.—In pre9 paring and submitting a report under this section, the 

10 chief State election official shall ensure that no informa11 tion regarding the identification of any individual is re12 vealed. 

13 (d) SUBMISSION TO CONGRESS.—Not later than 10 

14 days after receiving a report under subsection (a), the 

15 Election Assistance Commission shall transmit such re16 port to Congress. 

17 (e) STATE DEFINED.—In this section, a ‘‘State’’ in18 cludes the District of Columbia, the Commonwealth of 

19 Puerto Rico, the United States Virgin Islands, Guam, 

20 American Samoa, and the Commonwealth of the Northern 

21 Mariana Islands, but does not include any State in which, 

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

23 date of the enactment of this Act, there is no voter reg24 istration requirement for individuals in the State with re25 spect to elections for Federal office. 


pbinns on DSKJLVW7X2PROD with BILLS
68 

•S 954 IS

1 (f) SENSE OF CONGRESS.—It is the Sense of Con2 gress that for any State participating in the Election Ad3 ministration and Voting Survey administered by the Elec4 tion Assistance Commission, the Commission should use 

5 the information submitted in the report under subsection 

6 (a) as part of the State’s participation in the survey. 

7 SEC. 152. ENSURING PRE-ELECTION REGISTRATION DEAD8 LINES ARE CONSISTENT WITH TIMING OF 

9 LEGAL PUBLIC HOLIDAYS. 

10 (a) IN GENERAL.—Section 8(a)(1) of the National 

11 Voter Registration Act of 1993 (52 U.S.C. 20507(a)(1)) 

12 is amended by striking ‘‘30 days’’ each place it appears 

13 and inserting ‘‘28 days’’. 

14 (b) EFFECTIVE DATE.—The amendment made by 

15 subsection (a) shall apply with respect to elections held 

16 in 2022 or any succeeding year. 

17 SEC. 153. USE OF POSTAL SERVICE HARD COPY CHANGE OF 

18 ADDRESS FORM TO REMIND INDIVIDUALS TO 

19 UPDATE VOTER REGISTRATION. 

20 (a) IN GENERAL.—Not later than 1 year after the 

21 date of the enactment of this Act, the Postmaster General 

22 shall modify any hard copy change of address form used 

23 by the United States Postal Service so that such form con24 tains a reminder that any individual using such form 


pbinns on DSKJLVW7X2PROD with BILLS
69 

•S 954 IS

1 should update the individual’s voter registration as a re2 sult of any change in address. 

3 (b) APPLICATION.—The requirement in subsection 

4 (a) shall not apply to any electronic version of a change 

5 of address form used by the United States Postal Service. 

6 SEC. 154. GRANTS TO STATES FOR ACTIVITIES TO ENCOUR7 AGE INVOLVEMENT OF MINORS IN ELECTION 

8 ACTIVITIES. 

9 (a) GRANTS.— 

10 (1) IN GENERAL.—The Election Assistance 

11 Commission (hereafter in this section referred to as 

12 the ‘‘Commission’’) shall make grants to eligible 

13 States to enable such States to carry out a plan to 

14 increase the involvement of individuals under 18 

15 years of age in public election activities in the State. 

16 (2) CONTENTS OF PLANS.—A State’s plan 

17 under this subsection shall include— 

18 (A) methods to promote the use of pre-reg19 istration processes; 

20 (B) modifications to the curriculum of sec21 ondary schools in the State to promote civic en22 gagement; and 

23 (C) such other activities to encourage the 

24 involvement of young people in the electoral 

25 process as the State considers appropriate. 


pbinns on DSKJLVW7X2PROD with BILLS
70 

•S 954 IS

1 (b) ELIGIBILITY.—A State is eligible to receive a 

2 grant under this section if the State submits to the Com3 mission, at such time and in such form as the Commission 

4 may require, an application containing— 

5 (1) a description of the State’s plan under sub6 section (a); 

7 (2) a description of the performance measures 

8 and targets the State will use to determine its suc9 cess in carrying out the plan; and 

10 (3) such other information and assurances as 

11 the Commission may require. 

12 (c) PERIOD OF GRANT; REPORT.— 

13 (1) PERIOD OF GRANT.—A State receiving a 

14 grant under this section shall use the funds provided 

15 by the grant over a 2-year period agreed to between 

16 the State and the Commission. 

17 (2) REPORT.—Not later than 6 months after 

18 the end of the 2-year period agreed to under para19 graph (1), the State shall submit to the Commission 

20 a report on the activities the State carried out with 

21 the funds provided by the grant, and shall include 

22 in the report an analysis of the extent to which the 

23 State met the performance measures and targets in24 cluded in its application under subsection (b)(2). 


pbinns on DSKJLVW7X2PROD with BILLS
71 

•S 954 IS

1 (d) STATE DEFINED.—In this section, the term 

2 ‘‘State’’ means each of the several States and the District 

3 of Columbia. 

4 (e) AUTHORIZATION OF APPROPRIATIONS.—There 

5 are authorized to be appropriated for grants under this 

6 section $25,000,000, to remain available until expended. 

7 Subtitle F—Availability of HAVA 

8 Requirements Payments 

9 SEC. 161. AVAILABILITY OF REQUIREMENTS PAYMENTS 

10 UNDER HAVA TO COVER COSTS OF COMPLI11 ANCE WITH NEW REQUIREMENTS. 

12 (a) IN GENERAL.—Section 251(b) of the Help Amer13 ica Vote Act of 2002 (52 U.S.C. 21001(b)) is amended— 

14 (1) in paragraph (1), by striking ‘‘as provided 

15 in paragraphs (2) and (3)’’ and inserting ‘‘as other16 wise provided in this subsection’’; and 

17 (2) by adding at the end the following new 

18 paragraph: 

19 ‘‘(4) CERTAIN VOTER REGISTRATION ACTIVI20 TIES.—Notwithstanding paragraph (3), a State may 

21 use a requirements payment to carry out any of the 

22 requirements of the Voter Registration Moderniza23 tion Act of 2021, including the requirements of the 

24 National Voter Registration Act of 1993 which are 

25 imposed pursuant to the amendments made to such 


pbinns on DSKJLVW7X2PROD with BILLS
72 

•S 954 IS

1 Act by the Voter Registration Modernization Act of 

2 2021.’’. 

3 (b) CONFORMING AMENDMENT.—Section 254(a)(1) 

4 of such Act (52 U.S.C. 21004(a)(1)) is amended by strik5 ing ‘‘section 251(a)(2)’’ and inserting ‘‘section 

6 251(b)(2)’’. 

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

8 this section shall apply with respect to fiscal year 2022 

9 and each succeeding fiscal year. 

10 Subtitle G—Prohibiting Inter11 ference With Voter Registration 

12 SEC. 171. PROHIBITING HINDERING, INTERFERING WITH, 

13 OR PREVENTING VOTER REGISTRATION. 

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

15 States Code is amended by adding at the end the following 

16 new section: 

17 ‘‘§ 612. Hindering, interfering with, or preventing 

18 registering to vote 

19 ‘‘(a) PROHIBITION.—It shall be unlawful for any per20 son, whether acting under color of law or otherwise, to 

21 corruptly hinder, interfere with, or prevent another person 

22 from registering to vote or to corruptly hinder, interfere 

23 with, or prevent another person from aiding another per24 son in registering to vote. 


pbinns on DSKJLVW7X2PROD with BILLS
73 

•S 954 IS

1 ‘‘(b) ATTEMPT.—Any person who attempts to commit 

2 any offense described in subsection (a) shall be subject to 

3 the same penalties as those prescribed for the offense that 

4 the person attempted to commit. 

5 ‘‘(c) PENALTY.—Any person who violates subsection 

6 (a) shall be fined under this title, imprisoned not more 

7 than 5 years, or both.’’. 

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

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

10 by adding at the end the following new item: 

‘‘612. Hindering, interfering with, or preventing registering to vote.’’. 

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

12 this section shall apply with respect to elections held on 

13 or after the date of the enactment of this Act, except that 

14 no person may be found to have violated section 612 of 

15 title 18, United States Code (as added by subsection (a)), 

16 on the basis of any act occurring prior to the date of the 

17 enactment of this Act. 

18 SEC. 172. ESTABLISHMENT OF BEST PRACTICES. 

19 (a) BEST PRACTICES.—Not later than 180 days after 

20 the date of the enactment of this Act, the Election Assist21 ance Commission shall develop and publish recommenda22 tions for best practices for States to use to deter and pre23 vent violations of section 612 of title 18, United States 

24 Code (as added by section 171), and section 12 of the Na25 tional Voter Registration Act of 1993 (52 U.S.C. 20511) 


pbinns on DSKJLVW7X2PROD with BILLS
74 

•S 954 IS

1 (relating to the unlawful interference with registering to 

2 vote, or voting, or attempting to register to vote or vote), 

3 including practices to provide for the posting of relevant 

4 information at polling places and voter registration agen5 cies under such Act, the training of poll workers and elec6 tion officials, and relevant educational materials. For pur7 poses of this subsection, the term ‘‘State’’ includes the 

8 District of Columbia, the Commonwealth of Puerto Rico, 

9 Guam, American Samoa, the United States Virgin Is10 lands, and the Commonwealth of the Northern Mariana 

11 Islands. 

12 (b) INCLUSION IN VOTER INFORMATION REQUIRE13 MENTS.—Section 302(b)(2) of the Help America Vote Act 

14 of 2002 (52 U.S.C. 21082(b)(2)) is amended— 

15 (1) by striking ‘‘and’’ at the end of subpara16 graph (E); 

17 (2) by striking the period at the end of sub18 paragraph (F) and inserting ‘‘; and’’; and 

19 (3) by adding at the end the following new sub20 paragraph: 

21 ‘‘(G) information relating to the prohibi22 tions of section 612 of title 18, United States 

23 Code, and section 12 of the National Voter 

24 Registration Act of 1993 (52 U.S.C. 20511) 

25 (relating to the unlawful interference with regVerDate Sep 11 2014 05:45 Apr 28, 2021 Jkt 019200 PO 00000 Frm 00074 Fmt 6652 Sfmt 6201 E:\BILLS\S954.IS S954

pbinns on DSKJLVW7X2PROD with BILLS
75 

•S 954 IS

1 istering to vote, or voting, or attempting to reg2 ister to vote or vote), including information on 

3 how individuals may report allegations of viola4 tions of such prohibitions.’’. 

5 Subtitle H—Voter Registration 

6 Efficiency Act 

7 SEC. 181. SHORT TITLE. 

8 This subtitle may be cited as the ‘‘Voter Registration 

9 Efficiency Act’’. 

10 SEC. 182. REQUIRING APPLICANTS FOR MOTOR VEHICLE 

11 DRIVER’S LICENSES IN NEW STATE TO INDI12 CATE WHETHER STATE SERVES AS RESI13 DENCE FOR VOTER REGISTRATION PUR14 POSES. 

15 (a) REQUIREMENTS FOR APPLICANTS FOR LI16 CENSES.—Section 5(d) of the National Voter Registration 

17 Act of 1993 (52 U.S.C. 20504(d)) is amended— 

18 (1) by striking ‘‘Any change’’ and inserting 

19 ‘‘(1) Any change’’; and 

20 (2) by adding at the end the following new 

21 paragraph: 

22 ‘‘(2)(A) A State motor vehicle authority shall 

23 require each individual applying for a motor vehicle 

24 driver’s license in the State— 


pbinns on DSKJLVW7X2PROD with BILLS
76 

•S 954 IS

1 ‘‘(i) to indicate whether the individual 

2 resides in another State or resided in an3 other State prior to applying for the li4 cense, and, if so, to identify the State in5 volved; and 

6 ‘‘(ii) to indicate whether the individual 

7 intends for the State to serve as the indi8 vidual’s residence for purposes of reg9 istering to vote in elections for Federal of10 fice. 

11 ‘‘(B) If pursuant to subparagraph (A)(ii) 

12 an individual indicates to the State motor vehi13 cle authority that the individual intends for the 

14 State to serve as the individual’s residence for 

15 purposes of registering to vote in elections for 

16 Federal office, the authority shall notify the 

17 motor vehicle authority of the State identified 

18 by the individual pursuant to subparagraph 

19 (A)(i), who shall notify the chief State election 

20 official of such State that the individual no 

21 longer intends for that State to serve as the in22 dividual’s residence for purposes of registering 

23 to vote in elections for Federal office.’’. 


pbinns on DSKJLVW7X2PROD with BILLS
77 

•S 954 IS

1 (b) EFFECTIVE DATE.—The amendments made by 

2 subsection (a) shall take effect with respect to elections 

3 occurring in 2021 or any succeeding year. 

4 Subtitle I—Providing Voter Reg5 istration Information to Sec6 ondary School Students 

7 SEC. 191. PILOT PROGRAM FOR PROVIDING VOTER REG8 ISTRATION INFORMATION TO SECONDARY 

9 SCHOOL STUDENTS PRIOR TO GRADUATION. 

10 (a) PILOT PROGRAM.—The Election Assistance Com11 mission (hereafter in this subtitle referred to as the ‘‘Com12 mission’’) shall carry out a pilot program under which the 

13 Commission shall provide funds during the one-year period 

14 beginning after the date of the enactment of this subtitle 

15 to eligible local educational agencies for initiatives to pro16 vide information on registering to vote in elections for pub17 lic office to secondary school students in the 12th grade. 

18 (b) ELIGIBILITY.—A local educational agency is eligi19 ble to receive funds under the pilot program under this 

20 subtitle if the agency submits to the Commission, at such 

21 time and in such form as the Commission may require, 

22 an application containing— 

23 (1) a description of the initiatives the agency 

24 intends to carry out with the funds; 


pbinns on DSKJLVW7X2PROD with BILLS
78 

•S 954 IS

1 (2) an estimate of the costs associated with 

2 such initiatives; and 

3 (3) such other information and assurances as 

4 the Commission may require. 

5 (c) CONSULTATION WITH ELECTION OFFICIALS.—A 

6 local educational agency receiving funds under the pilot 

7 program shall consult with the State and local election of8 ficials who are responsible for administering elections for 

9 public office in the area served by the agency in developing 

10 the initiatives the agency will carry out with the funds. 

11 (d) DEFINITIONS.—In this subtitle, the terms ‘‘local 

12 educational agency’’ and ‘‘secondary school’’ have the 

13 meanings given such terms in section 8101 of the Elemen14 tary and Secondary Education Act of 1965 (20 U.S.C. 

15 7801). 

16 SEC. 192. REPORTS. 

17 (a) REPORTS BY RECIPIENTS OF FUNDS.—Not later 

18 than the expiration of the 90-day period which begins on 

19 the date of the receipt of the funds, each local educational 

20 agency receiving funds under the pilot program under this 

21 subtitle shall submit a report to the Commission describ22 ing the initiatives carried out with the funds and analyzing 

23 their effectiveness. 

24 (b) REPORT BY COMMISSION.—Not later than the ex25 piration of the 60-day period which begins on the date 


pbinns on DSKJLVW7X2PROD with BILLS
79 

•S 954 IS

1 the Commission receives the final report submitted by a 

2 local educational agency under subsection (a), the Com3 mission shall submit a report to Congress on the pilot pro4 gram under this subtitle. 

5 SEC. 193. AUTHORIZATION OF APPROPRIATIONS. 

6 There are authorized to be appropriated such sums 

7 as may be necessary to carry out this subtitle. 

8 Subtitle J—Voter Registration of 

9 Minors 

10 SEC. 194. ACCEPTANCE OF VOTER REGISTRATION APPLICA11 TIONS FROM INDIVIDUALS UNDER 18 YEARS 

12 OF AGE. 

13 (a) ACCEPTANCE OF APPLICATIONS.—Section 8 of 

14 the National Voter Registration Act of 1993 (52 U.S.C. 

15 20507), as amended by section 104, is amended— 

16 (1) by redesignating subsection (k) as sub17 section (l); and 

18 (2) by inserting after subsection (j) the fol19 lowing new subsection: 

20 ‘‘(k) ACCEPTANCE OF APPLICATIONS FROM INDIVID21 UALS UNDER 18 YEARS OF AGE.— 

22 ‘‘(1) IN GENERAL.—A State may not refuse to 

23 accept or process an individual’s application to reg24 ister to vote in elections for Federal office on the 

25 grounds that the individual is under 18 years of age 


pbinns on DSKJLVW7X2PROD with BILLS
80 

•S 954 IS

1 at the time the individual submits the application, so 

2 long as the individual is at least 16 years of age at 

3 such time. 

4 ‘‘(2) NO EFFECT ON STATE VOTING AGE RE5 QUIREMENTS.—Nothing in paragraph (1) may be 

6 construed to require a State to permit an individual 

7 who is under 18 years of age at the time of an elec8 tion for Federal office to vote in the election.’’. 

9 (b) EFFECTIVE DATE.—The amendment made by 

10 subsection (a) shall apply with respect to elections occur11 ring on or after January 1, 2022. 

12 TITLE II—ACCESS TO VOTING 

13 FOR INDIVIDUALS WITH DIS14 ABILITIES 

15 SEC. 201. REQUIREMENTS FOR STATES TO PROMOTE AC16 CESS TO VOTER REGISTRATION AND VOTING 

17 FOR INDIVIDUALS WITH DISABILITIES. 

18 (a) REQUIREMENTS.—Subtitle A of title III of the 

19 Help America Vote Act of 2002 (52 U.S.C. 21081 et seq.), 

20 as amended by section 131(a), is amended— 

21 (1) by redesignating sections 305 and 306 as 

22 sections 306 and 307, respectively; and 

23 (2) by inserting after section 304 the following 

24 new section: 


pbinns on DSKJLVW7X2PROD with BILLS
81 

•S 954 IS

1 ‘‘SEC. 305. ACCESS TO VOTER REGISTRATION AND VOTING 

2 FOR INDIVIDUALS WITH DISABILITIES. 

3 ‘‘(a) TREATMENT OF APPLICATIONS AND BAL4 LOTS.—Each State shall— 

5 ‘‘(1) ensure that absentee registration forms, 

6 absentee ballot applications, and absentee ballots 

7 that are available electronically are accessible (as de8 fined in section 306); 

9 ‘‘(2) permit individuals with disabilities to use 

10 absentee registration procedures and to vote by ab11 sentee ballot in elections for Federal office; 

12 ‘‘(3) accept and process, with respect to any 

13 election for Federal office, any otherwise valid voter 

14 registration application and absentee ballot applica15 tion from an individual with a disability if the appli16 cation is received by the appropriate State election 

17 official within the deadline for the election which is 

18 applicable under Federal law; 

19 ‘‘(4) in addition to any other method of reg20 istering to vote or applying for an absentee ballot in 

21 the State, establish procedures— 

22 ‘‘(A) for individuals with disabilities to re23 quest by mail and electronically voter registra24 tion applications and absentee ballot applica25 tions with respect to elections for Federal office 

26 in accordance with subsection (c); 


pbinns on DSKJLVW7X2PROD with BILLS
82 

•S 954 IS

1 ‘‘(B) for States to send by mail and elec2 tronically (in accordance with the preferred 

3 method of transmission designated by the indi4 vidual under subparagraph (C)) voter registra5 tion applications and absentee ballot applica6 tions requested under subparagraph (A) in ac7 cordance with subsection (c); and 

8 ‘‘(C) by which such an individual can des9 ignate whether the individual prefers that such 

10 voter registration application or absentee ballot 

11 application be transmitted by mail or electroni12 cally; 

13 ‘‘(5) in addition to any other method of trans14 mitting blank absentee ballots in the State, establish 

15 procedures for transmitting by mail and electroni16 cally blank absentee ballots to individuals with dis17 abilities with respect to elections for Federal office 

18 in accordance with subsection (d); 

19 ‘‘(6) transmit a validly requested absentee bal20 lot to an individual with a disability— 

21 ‘‘(A) except as provided in subsection (e), 

22 in the case in which the request is received at 

23 least 45 days before an election for Federal of24 fice, not later than 45 days before the election; 

25 and 


pbinns on DSKJLVW7X2PROD with BILLS
83 

•S 954 IS

1 ‘‘(B) in the case in which the request is re2 ceived less than 45 days before an election for 

3 Federal office— 

4 ‘‘(i) in accordance with State law; and 

5 ‘‘(ii) if practicable and as determined 

6 appropriate by the State, in a manner that 

7 expedites the transmission of such absen8 tee ballot; and 

9 ‘‘(7) if the State declares or otherwise holds a 

10 runoff election for Federal office, establish a written 

11 plan that provides absentee ballots are made avail12 able to individuals with disabilities in a manner that 

13 gives them sufficient time to vote in the runoff elec14 tion. 

15 ‘‘(b) DESIGNATION OF SINGLE STATE OFFICE TO

16 PROVIDE INFORMATION ON REGISTRATION AND ABSEN17 TEE BALLOT PROCEDURES FOR VOTERS WITH DISABIL18 ITIES IN STATE.— 

19 ‘‘(1) IN GENERAL.—Each State shall designate 

20 a single office which shall be responsible for pro21 viding information regarding voter registration pro22 cedures, absentee ballot procedures, and in-person 

23 voting procedures to be used by individuals with dis24 abilities with respect to elections for Federal office 


pbinns on DSKJLVW7X2PROD with BILLS
84 

•S 954 IS

1 to all individuals with disabilities who wish to reg2 ister to vote or vote in any jurisdiction in the State. 

3 ‘‘(2) RESPONSIBILITIES.—Each State shall, 

4 through the office designated in paragraph (1)— 

5 ‘‘(A) provide information to election offi6 cials— 

7 ‘‘(i) on how to set up and operate ac8 cessible voting systems; and 

9 ‘‘(ii) regarding the accessibility of vot10 ing procedures, including guidance on com11 patibility with assistive technologies such 

12 as screen readers and ballot marking de13 vices; 

14 ‘‘(B) integrate information on accessibility, 

15 accommodations, disability, and older individ16 uals into regular training materials for poll 

17 workers and election administration officials; 

18 ‘‘(C) train poll workers on how to make 

19 polling places accessible for individuals with dis20 abilities and older individuals; 

21 ‘‘(D) promote the hiring of individuals with 

22 disabilities and older individuals as poll workers 

23 and election staff; and 

24 ‘‘(E) publicly post the results of any audits 

25 to determine the accessibility of polling places 


pbinns on DSKJLVW7X2PROD with BILLS
85 

•S 954 IS

1 no later than 6 months after the completion of 

2 the audit. 

3 ‘‘(c) DESIGNATION OF MEANS OF ELECTRONIC COM4 MUNICATION FOR INDIVIDUALS WITH DISABILITIES TO

5 REQUEST AND FOR STATES TO SEND VOTER REGISTRA6 TION APPLICATIONS AND ABSENTEE BALLOT APPLICA7 TIONS, AND FOR OTHER PURPOSES RELATED TO VOTING

8 INFORMATION.— 

9 ‘‘(1) IN GENERAL.—Each State shall, in addi10 tion to the designation of a single State office under 

11 subsection (b), designate not less than 1 means of 

12 accessible electronic communication— 

13 ‘‘(A) for use by individuals with disabilities 

14 who wish to register to vote or vote in any ju15 risdiction in the State to request voter registra16 tion applications and absentee ballot applica17 tions under subsection (a)(4); 

18 ‘‘(B) for use by States to send voter reg19 istration applications and absentee ballot appli20 cations requested under such subsection; and 

21 ‘‘(C) for the purpose of providing related 

22 voting, balloting, and election information to in23 dividuals with disabilities. 

24 ‘‘(2) CLARIFICATION REGARDING PROVISION OF

25 MULTIPLE MEANS OF ELECTRONIC COMMUNICAVerDate Sep 11 2014 05:45 Apr 28, 2021 Jkt 019200 PO 00000 Frm 00085 Fmt 6652 Sfmt 6201 E:\BILLS\S954.IS S954

pbinns on DSKJLVW7X2PROD with BILLS
86 

•S 954 IS

1 TION.—A State may, in addition to the means of 

2 electronic communication so designated, provide 

3 multiple means of electronic communication to indi4 viduals with disabilities, including a means of elec5 tronic communication for the appropriate jurisdic6 tion of the State. 

7 ‘‘(3) INCLUSION OF DESIGNATED MEANS OF

8 ELECTRONIC COMMUNICATION WITH INFORMA9 TIONAL AND INSTRUCTIONAL MATERIALS THAT AC10 COMPANY BALLOTING MATERIALS.—Each State shall 

11 include a means of electronic communication so des12 ignated with all informational and instructional ma13 terials that accompany balloting materials sent by 

14 the State to individuals with disabilities. 

15 ‘‘(4) TRANSMISSION IF NO PREFERENCE INDI16 CATED.—In the case where an individual with a dis17 ability does not designate a preference under sub18 section (a)(4)(C), the State shall transmit the voter 

19 registration application or absentee ballot application 

20 by any delivery method allowable in accordance with 

21 applicable State law, or if there is no applicable 

22 State law, by mail. 

23 ‘‘(d) TRANSMISSION OF BLANK ABSENTEE BALLOTS

24 BY MAIL AND ELECTRONICALLY.— 


pbinns on DSKJLVW7X2PROD with BILLS
87 

•S 954 IS

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

2 procedures— 

3 ‘‘(A) to securely transmit blank absentee 

4 ballots by mail and electronically (in accordance 

5 with the preferred method of transmission des6 ignated by the individual with a disability under 

7 subparagraph (B)) to individuals with disabil8 ities for an election for Federal office; and 

9 ‘‘(B) by which the individual with a dis10 ability can designate whether the individual pre11 fers that such blank absentee ballot be trans12 mitted by mail or electronically. 

13 ‘‘(2) TRANSMISSION IF NO PREFERENCE INDI14 CATED.—In the case where an individual with a dis15 ability does not designate a preference under para16 graph (1)(B), the State shall transmit the ballot by 

17 any delivery method allowable in accordance with ap18 plicable State law, or if there is no applicable State 

19 law, by mail. 

20 ‘‘(3) APPLICATION OF METHODS TO TRACK DE21 LIVERY TO AND RETURN OF BALLOT BY INDIVIDUAL

22 REQUESTING BALLOT.—Under the procedures estab23 lished under paragraph (1), the State shall apply 

24 such methods as the State considers appropriate, 

25 such as assigning a unique identifier to the ballot, 


pbinns on DSKJLVW7X2PROD with BILLS
88 

•S 954 IS

1 to ensure that if an individual with a disability re2 quests the State to transmit a blank absentee ballot 

3 to the individual in accordance with this subsection, 

4 the voted absentee ballot which is returned by the 

5 individual is the same blank absentee ballot which 

6 the State transmitted to the individual. 

7 ‘‘(e) HARDSHIP EXEMPTION.— 

8 ‘‘(1) IN GENERAL.—If the chief State election 

9 official determines that the State is unable to meet 

10 the requirement under subsection (a)(6)(A) with re11 spect to an election for Federal office due to an 

12 undue hardship described in paragraph (2)(B), the 

13 chief State election official shall request that the At14 torney General grant a waiver to the State of the 

15 application of such subsection. Such request shall in16 clude— 

17 ‘‘(A) a recognition that the purpose of 

18 such subsection is to individuals with disabil19 ities enough time to vote in an election for Fed20 eral office; 

21 ‘‘(B) an explanation of the hardship that 

22 indicates why the State is unable to transmit 

23 such individuals an absentee ballot in accord24 ance with such subsection; 


pbinns on DSKJLVW7X2PROD with BILLS
89 

•S 954 IS

1 ‘‘(C) the number of days prior to the elec2 tion for Federal office that the State requires 

3 absentee ballots be transmitted to such individ4 uals; and 

5 ‘‘(D) a comprehensive plan to ensure that 

6 such individuals are able to receive absentee 

7 ballots which they have requested and submit 

8 marked absentee ballots to the appropriate 

9 State election official in time to have that ballot 

10 counted in the election for Federal office, which 

11 includes— 

12 ‘‘(i) the steps the State will undertake 

13 to ensure that such individuals have time 

14 to receive, mark, and submit their ballots 

15 in time to have those ballots counted in the 

16 election; 

17 ‘‘(ii) why the plan provides such indi18 viduals sufficient time to vote as a sub19 stitute for the requirements under such 

20 subsection; and 

21 ‘‘(iii) the underlying factual informa22 tion which explains how the plan provides 

23 such sufficient time to vote as a substitute 

24 for such requirements. 


pbinns on DSKJLVW7X2PROD with BILLS
90 

•S 954 IS

1 ‘‘(2) APPROVAL OF WAIVER REQUEST.—The 

2 Attorney General shall approve a waiver request 

3 under paragraph (1) if the Attorney General deter4 mines each of the following requirements are met: 

5 ‘‘(A) The comprehensive plan under sub6 paragraph (D) of such paragraph provides indi7 viduals with disabilities sufficient time to re8 ceive absentee ballots they have requested and 

9 submit marked absentee ballots to the appro10 priate State election official in time to have that 

11 ballot counted in the election for Federal office. 

12 ‘‘(B) One or more of the following issues 

13 creates an undue hardship for the State: 

14 ‘‘(i) The State’s primary election date 

15 prohibits the State from complying with 

16 subsection (a)(6)(A). 

17 ‘‘(ii) The State has suffered a delay in 

18 generating ballots due to a legal contest. 

19 ‘‘(iii) The State Constitution prohibits 

20 the State from complying with such sub21 section. 

22 ‘‘(3) TIMING OF WAIVER.— 

23 ‘‘(A) IN GENERAL.—Except as provided 

24 under subparagraph (B), a State that requests 

25 a waiver under paragraph (1) shall submit to 


pbinns on DSKJLVW7X2PROD with BILLS
91 

•S 954 IS

1 the Attorney General the written waiver request 

2 not later than 90 days before the election for 

3 Federal office with respect to which the request 

4 is submitted. The Attorney General shall ap5 prove or deny the waiver request not later than 

6 65 days before such election. 

7 ‘‘(B) EXCEPTION.—If a State requests a 

8 waiver under paragraph (1) as the result of an 

9 undue hardship described in paragraph 

10 (2)(B)(ii), the State shall submit to the Attor11 ney General the written waiver request as soon 

12 as practicable. The Attorney General shall ap13 prove or deny the waiver request not later than 

14 5 business days after the date on which the re15 quest is received. 

16 ‘‘(4) APPLICATION OF WAIVER.—A waiver ap17 proved under paragraph (2) shall only apply with re18 spect to the election for Federal office for which the 

19 request was submitted. For each subsequent election 

20 for Federal office, the Attorney General shall only 

21 approve a waiver if the State has submitted a re22 quest under paragraph (1) with respect to such elec23 tion. 

24 ‘‘(f) RULE OF CONSTRUCTION.—Nothing in this sec25 tion may be construed to allow a voter’s ballot selections 


pbinns on DSKJLVW7X2PROD with BILLS
92 

•S 954 IS

1 to be transmitted over the internet or to allow for the elec2 tronic submission of a marked ballot. 

3 ‘‘(g) INDIVIDUAL WITH A DISABILITY DEFINED.— 

4 In this section, an ‘individual with a disability’ means an 

5 individual with an impairment that substantially limits 

6 any major life activities and who is otherwise qualified to 

7 vote in elections for Federal office. 

8 ‘‘(h) EFFECTIVE DATE.—This section shall apply 

9 with respect to elections for Federal office held on or after 

10 January 1, 2022.’’. 

11 (b) CONFORMING AMENDMENT RELATING TO

12 ISSUANCE OF VOLUNTARY GUIDANCE BY ELECTION AS13 SISTANCE COMMISSION.— 

14 (1) TIMING OF ISSUANCE.—Section 311(b) of 

15 such Act (52 U.S.C. 21101(b)) is amended— 

16 (A) by striking ‘‘and’’ at the end of para17 graph (2); 

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

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

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

21 paragraph: 

22 ‘‘(4) in the case of the recommendations with 

23 respect to section 305, January 1, 2022.’’. 

24 (2) REDESIGNATION.—Title III of such Act (52 

25 U.S.C. 21081 et seq.) is amended by redesignating 


pbinns on DSKJLVW7X2PROD with BILLS
93 

•S 954 IS

1 sections 311 and 312 as sections 321 and 322, re2 spectively. 

3 (c) CLERICAL AMENDMENTS.—The table of contents 

4 of such Act, as amended by section 131(c)), is amended— 

5 (1) by redesignating the items relating to sec6 tions 305 and 306 as relating to sections 306 and 

7 307, respectively; and 

8 (2) by inserting after the item relating to sec9 tion 304 the following new item: 

‘‘Sec. 305. Access to voter registration and voting for individuals with disabilities.’’. 

10 SEC. 202. ESTABLISHMENT AND MAINTENANCE OF STATE 

11 ACCESSIBLE ELECTION WEBSITES. 

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

13 America Vote Act of 2002 (52 U.S.C. 21081 et seq.), as 

14 amended by section 131(a) and section 201(a), is amend15 ed— 

16 (1) by redesignating sections 306 and 307 as 

17 sections 307 and 308, respectively; and 

18 (2) by inserting after section 305 the following: 

19 ‘‘SEC. 306. ESTABLISHMENT AND MAINTENANCE OF ACCES20 SIBLE ELECTION WEBSITES. 

21 ‘‘(a) IN GENERAL.—Each State shall establish a sin22 gle election website that is accessible and meets the fol23 lowing requirements: 


pbinns on DSKJLVW7X2PROD with BILLS
94 

•S 954 IS

1 ‘‘(1) LOCAL ELECTION OFFICIALS.—The 

2 website shall provide local election officials, poll 

3 workers, and volunteers with— 

4 ‘‘(A) guidance to ensure that polling places 

5 are accessible for individuals with disabilities 

6 and older individuals in a manner that provides 

7 the same opportunity for access and participa8 tion (including privacy and independence) as for 

9 other voters; and 

10 ‘‘(B) online training and resources on— 

11 ‘‘(i) how best to promote the access 

12 and participation of individuals with dis13 abilities and older individuals in elections 

14 for public office; and 

15 ‘‘(ii) the voting rights and protections 

16 for individuals with disabilities and older 

17 individuals under State and Federal law. 

18 ‘‘(2) VOTERS.—The website shall provide infor19 mation about voting, including— 

20 ‘‘(A) the accessibility of all polling places 

21 within the State, including outreach programs 

22 to inform individuals about the availability of 

23 accessible polling places; 

24 ‘‘(B) how to register to vote and confirm 

25 voter registration in the State; 


pbinns on DSKJLVW7X2PROD with BILLS
95 

•S 954 IS

1 ‘‘(C) the location and operating hours of 

2 all polling places in the State; 

3 ‘‘(D) the availability of aid or assistance 

4 for individuals with disabilities and older indi5 viduals to cast their vote in a manner that pro6 vides the same opportunity for access and par7 ticipation (including privacy and independence) 

8 as for other voters at polling places; 

9 ‘‘(E) the availability of transportation aid 

10 or assistance to the polling place for individuals 

11 with disabilities or older individuals; 

12 ‘‘(F) the rights and protections under 

13 State and Federal law for individuals with dis14 abilities and older individuals to participate in 

15 elections; and 

16 ‘‘(G) how to contact State, local, and Fed17 eral officials with complaints or grievances if in18 dividuals with disabilities, older individuals, Na19 tive Americans, Alaska Natives, and individuals 

20 with limited proficiency in the English language 

21 feel their ability to register to vote or vote has 

22 been blocked or delayed. 

23 ‘‘(b) PARTNERSHIP WITH OUTSIDE TECHNICAL OR24 GANIZATION.—The chief State election official of each 

25 State, through the committee of appropriate individuals 


pbinns on DSKJLVW7X2PROD with BILLS
96 

•S 954 IS

1 under subsection (c)(2), shall partner with an outside 

2 technical organization with demonstrated experience in es3 tablishing accessible and easy to use accessible election 

4 websites to— 

5 ‘‘(1) update an existing election website to 

6 make it fully accessible in accordance with this sec7 tion; or 

8 ‘‘(2) develop an election website that is fully ac9 cessible in accordance with this section. 

10 ‘‘(c) STATE PLAN.— 

11 ‘‘(1) DEVELOPMENT.—The chief State election 

12 official of each State shall, through a committee of 

13 appropriate individuals as described in paragraph 

14 (2), develop a State plan that describes how the 

15 State and local governments will meet the require16 ments under this section. 

17 ‘‘(2) COMMITTEE MEMBERSHIP.—The com18 mittee shall comprise at least the following individ19 uals: 

20 ‘‘(A) The chief election officials of the four 

21 most populous jurisdictions within the State. 

22 ‘‘(B) The chief election officials of the four 

23 least populous jurisdictions within the State. 

24 ‘‘(C) Representatives from two disability 

25 advocacy groups, including at least one such 


pbinns on DSKJLVW7X2PROD with BILLS
97 

•S 954 IS

1 representative who is an individual with a dis2 ability. 

3 ‘‘(D) Representatives from two older indi4 vidual advocacy groups, including at least one 

5 such representative who is an older individual. 

6 ‘‘(E) Representatives from two inde7 pendent non-governmental organizations with 

8 expertise in establishing and maintaining acces9 sible websites. 

10 ‘‘(F) Representatives from two inde11 pendent non-governmental voting rights organi12 zations. 

13 ‘‘(G) Representatives from State protection 

14 and advocacy systems as defined in section 102 

15 of the Developmental Disabilities Assistance 

16 and Bill of Rights Act of 2000 (42 U.S.C. 

17 15002). 

18 ‘‘(d) PARTNERSHIP TO MONITOR AND VERIFY AC19 CESSIBILITY.—The chief State election official of each eli20 gible State, through the committee of appropriate individ21 uals under subsection (c)(2), shall partner with at least 

22 two of the following organizations to monitor and verify 

23 the accessibility of the election website and the complete24 ness of the election information and the accuracy of the 

25 disability information provided on such website: 


pbinns on DSKJLVW7X2PROD with BILLS
98 

•S 954 IS

1 ‘‘(1) University Centers for Excellence in Devel2 opmental Disabilities Education, Research, and 

3 Services designated under section 151(a) of the De4 velopmental Disabilities Assistance and Bill of 

5 Rights Act of 2000 (42 U.S.C. 15061(a)). 

6 ‘‘(2) Centers for Independent Living, as de7 scribed in part C of title VII of the Rehabilitation 

8 Act of 1973 (29 U.S.C. 796f et seq.). 

9 ‘‘(3) A State Council on Developmental Disabil10 ities described in section 125 of the Developmental 

11 Disabilities Assistance and Bill of Rights Act of 

12 2000 (42 U.S.C. 15025). 

13 ‘‘(4) State protection and advocacy systems as 

14 defined in section 102 of the Developmental Disabil15 ities Assistance and Bill of Rights Act of 2000 (42 

16 U.S.C. 15002). 

17 ‘‘(5) Statewide Independent Living Councils es18 tablished under section 705 of the Rehabilitation Act 

19 of 1973 (29 U.S.C. 796d). 

20 ‘‘(6) State Assistive Technology Act Programs. 

21 ‘‘(7) A visual access advocacy organization. 

22 ‘‘(8) An organization for the deaf. 

23 ‘‘(9) A mental health organization. 

24 ‘‘(e) DEFINITIONS.—For purposes of this section, 

25 section 305, and section 307: 


pbinns on DSKJLVW7X2PROD with BILLS
99 

•S 954 IS

1 ‘‘(1) ACCESSIBLE.—The term ‘accessible’ 

2 means— 

3 ‘‘(A) in the case of the election website 

4 under subsection (a) or an electronic commu5 nication under section 305— 

6 ‘‘(i) that the functions and content of 

7 the website or electronic communication, 

8 including all text, visual, and aural con9 tent, are as accessible to people with dis10 abilities as to those without disabilities; 

11 ‘‘(ii) that the functions and content of 

12 the website or electronic communication 

13 are accessible to individuals with limited 

14 proficiency in the English language; and 

15 ‘‘(iii) that the website or electronic 

16 communication meets, at a minimum, con17 formance to Level AA of the Web Content 

18 Accessibility Guidelines 2.0 of the Web Ac19 cessibility Initiative (or any successor 

20 guidelines); and 

21 ‘‘(B) in the case of a facility (including a 

22 polling place), that the facility is readily acces23 sible to and usable by individuals with disabil24 ities and older individuals, as determined under 

25 the 2010 ADA Standards for Accessible Design 


pbinns on DSKJLVW7X2PROD with BILLS
100 

•S 954 IS

1 adopted by the Department of Justice (or any 

2 successor standards). 

3 ‘‘(2) INDIVIDUAL WITH A DISABILITY.—The 

4 term ‘individual with a disability’ means an indi5 vidual with a disability, as defined in section 3 of the 

6 Americans with Disabilities Act of 1990 (42 U.S.C. 

7 12102), and who is otherwise qualified to vote in 

8 elections for Federal office. 

9 ‘‘(3) OLDER INDIVIDUAL.—The term ‘older in10 dividual’ means an individual who is 60 years of age 

11 or older and who is otherwise qualified to vote in 

12 elections for Federal office. 

13 ‘‘(4) STATE.—The term ‘State’ means a State 

14 of the United States, the District of Columbia, the 

15 Commonwealth of Puerto Rico, and any territory or 

16 possession of the United States. 

17 ‘‘(f) EFFECTIVE DATE.—This section shall apply on 

18 or after January 1, 2022.’’. 

19 (b) VOLUNTARY GUIDANCE.—Section 321(b)(4) such 

20 Act (52 U.S.C. 21101(b)), as added and redesignated by 

21 section 201(b), is amended by striking ‘‘section 305’’ and 

22 inserting ‘‘sections 305 and 306’’. 

23 (c) CLERICAL AMENDMENTS.—The table of contents 

24 of such Act, as amended by section 131(c) and section 

25 201(c), is amended— 


pbinns on DSKJLVW7X2PROD with BILLS
101 

•S 954 IS

1 (1) by redesignating the items relating to sec2 tions 306 and 307 as relating to sections 307 and 

3 308, respectively; and 

4 (2) by inserting after the item relating to sec5 tion 305 the following new item: 

‘‘Sec. 306. Establishment and maintenance of accessible election websites.’’. 

6 SEC. 203. PROTECTIONS FOR IN-PERSON VOTING FOR INDI7 VIDUALS WITH DISABILITIES AND OLDER IN8 DIVIDUALS. 

9 (a) REQUIREMENT.— 

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

11 Help America Vote Act of 2002 (52 U.S.C. 21081 

12 et seq.), as amended by section 131(a), section 

13 201(a), and section 202(a), is amended— 

14 (A) by redesignating sections 307 and 308 

15 as sections 308 and 309, respectively; and 

16 (B) by inserting after section 306 the fol17 lowing: 

18 ‘‘SEC. 307. ACCESS TO VOTING FOR INDIVIDUALS WITH DIS19 ABILITIES AND OLDER INDIVIDUALS. 

20 ‘‘(a) IN GENERAL.—Each State shall— 

21 ‘‘(1) ensure all polling places within the State 

22 are accessible, as defined in section 306; 

23 ‘‘(2) consider procedures to address long wait 

24 times at polling places that allow individuals with 

25 disabilities and older individuals alternate options to 


pbinns on DSKJLVW7X2PROD with BILLS
102 

•S 954 IS

1 cast a ballot in person in an election for Federal of2 fice, such as the option to cast a ballot outside of 

3 the polling place or from a vehicle, or providing an 

4 expedited voting line; and 

5 ‘‘(3) consider options to establish ‘mobile poll6 ing sites’ to allow election officials or volunteers to 

7 travel to long-term care facilities and assist residents 

8 who request assistance in casting a ballot in order 

9 to maintain the privacy and independence of voters 

10 in these facilities. 

11 ‘‘(b) CLARIFICATION.—Nothing in this section may 

12 be construed to alter the requirements under Federal law 

13 that all polling places for Federal elections are accessible 

14 to individuals with disabilities and older individuals. 

15 ‘‘(c) EFFECTIVE DATE.—This section shall apply 

16 with respect to elections for Federal office held on or after 

17 January 1, 2024.’’. 

18 (2) VOLUNTARY GUIDANCE.—Section 321(b)(4) 

19 such Act (52 U.S.C. 21101(b)), as added and redes20 ignated by section 201(b) and as amended by section 

21 202, is amended by striking ‘‘and 306’’ and insert22 ing ‘‘, 306, and 307’’. 

23 (3) CLERICAL AMENDMENTS.—The table of 

24 contents of such Act, as amended by section 131(c), 

25 section 201(c), and section 202(c), is amended— 


pbinns on DSKJLVW7X2PROD with BILLS
103 

•S 954 IS

1 (A) by redesignating the items relating to 

2 sections 307 and 308 as relating to sections 

3 308 and 309, respectively; and 

4 (B) by inserting after the item relating to 

5 section 306 the following new item: 

‘‘Sec. 307. Access to voting for individuals with disabilities and older individuals.’’. 

6 (b) REVISIONS TO VOTING ACCESSIBILITY FOR THE

7 ELDERLY AND HANDICAPPED ACT.— 

8 (1) REPORTS TO ELECTION ASSISTANCE COM9 MISSION.—Section 3(c) of the Voting Accessibility 

10 for the Elderly and Handicapped Act (52 U.S.C. 

11 20102(c)) is amended— 

12 (A) in the subsection heading, by striking 

13 ‘‘FEDERAL ELECTION COMMISSION’’ and in14 serting ‘‘ELECTION ASSISTANCE COMMISSION’’; 

15 (B) in each of paragraphs (1) and (2), by 

16 striking ‘‘Federal Election Commission’’ and in17 serting ‘‘Election Assistance Commission’’; and 

18 (C) by striking paragraph (3). 

19 (2) CONFORMING AMENDMENTS RELATING TO

20 REFERENCES.—The Voting Accessibility for the El21 derly and Handicapped Act (52 U.S.C. 20101 et 

22 seq.), as amended by paragraph (1), is amended— 

23 (A) by striking ‘‘handicapped and elderly 

24 individuals’’ each place it appears and inserting 


pbinns on DSKJLVW7X2PROD with BILLS
104 

•S 954 IS

1 ‘‘individuals with disabilities and older individ2 uals’’; 

3 (B) by striking ‘‘handicapped and elderly 

4 voters’’ each place it appears and inserting ‘‘in5 dividuals with disabilities and older individ6 uals’’; 

7 (C) in section 3(b)(2)(B), by striking 

8 ‘‘handicapped or elderly voter’’ and inserting 

9 ‘‘individual with a disability or older indi10 vidual’’; 

11 (D) in section 5(b), by striking ‘‘handi12 capped voter’’ and inserting ‘‘individual with a 

13 disability’’; and 

14 (E) in section 8— 

15 (i) by striking paragraphs (1) and (2) 

16 and inserting the following: 

17 ‘‘(1) ‘accessible’ has the meaning given that 

18 term in section 306 of the Help America Vote Act 

19 of 2002, as added by section 202(a) of the Voter 

20 Empowerment Act of 2021; 

21 ‘‘(2) ‘older individual’ has the meaning given 

22 that term in such section 306;’’; and 

23 (ii) by striking paragraph (4), and in24 serting the following: 


pbinns on DSKJLVW7X2PROD with BILLS
105 

•S 954 IS

1 ‘‘(4) ‘individual with a disability’ has the mean2 ing given that term in such section 306; and’’. 

3 (3) SHORT TITLE AMENDMENT.— 

4 (A) IN GENERAL.—Section 1 of the ‘‘Vot5 ing Accessibility for the Elderly and Handi6 capped Act’’ (Public Law 98–435; 42 U.S.C. 

7 1973ee note) is amended by striking ‘‘for the 

8 Elderly and Handicapped’’ and inserting ‘‘for 

9 Individuals with Disabilities and Older Individ10 uals’’. 

11 (B) REFERENCES.—Any reference in any 

12 other provision of law, regulation, document, 

13 paper, or other record of the United States to 

14 the ‘‘Voting Accessibility for the Elderly and 

15 Handicapped Act’’ shall be deemed to be a ref16 erence to the ‘‘Voting Accessibility for Individ17 uals with Disabilities and Older Individuals 

18 Act’’. 

19 (4) EFFECTIVE DATE.—The amendments made 

20 by this subsection shall take effect on January 1, 

21 2024, and apply to with respect to elections for Fed22 eral office held on or after that date. 


pbinns on DSKJLVW7X2PROD with BILLS
106 

•S 954 IS

1 SEC. 204. PROTECTIONS FOR INDIVIDUALS SUBJECT TO 

2 GUARDIANSHIP. 

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

4 America Vote Act of 2002 (52 U.S.C. 21081 et seq.), as 

5 amended by section 131(a), section 201(a), section 202(a), 

6 and section 203(a)(1), is amended— 

7 (1) by redesignating sections 308 and 309 as 

8 sections 309 and 310, respectively; and 

9 (2) by inserting after section 307 the following: 

10 ‘‘SEC. 308. PROTECTIONS FOR INDIVIDUALS SUBJECT TO 

11 GUARDIANSHIP. 

12 ‘‘(a) IN GENERAL.—A State shall not determine that 

13 an individual lacks the capacity to vote in an election for 

14 Federal office on the ground that the individual is subject 

15 to guardianship, unless a court of competent jurisdiction 

16 issues a court order finding by clear and convincing evi17 dence that the individual cannot communicate, with or 

18 without accommodations, a desire to participate in the vot19 ing process. 

20 ‘‘(b) EFFECTIVE DATE.—This section shall apply 

21 with respect to elections for Federal office held on or after 

22 January 1, 2022.’’. 

23 (b) VOLUNTARY GUIDANCE.—Section 321(b)(4) such 

24 Act (52 U.S.C. 21101(b)), as added and redesignated by 

25 section 201(b) and as amended by sections 202 and 203, 


pbinns on DSKJLVW7X2PROD with BILLS
107 

•S 954 IS

1 is amended by striking ‘‘and 307’’ and inserting ‘‘307, and 

2 308’’. 

3 (c) CLERICAL AMENDMENTS.—The table of contents 

4 of such Act, as amended by section 131(c), section 201(c), 

5 section 202(c), and section 203(a)(3), is amended— 

6 (1) by redesignating the items relating to sec7 tions 308 and 309 as relating to sections 309 and 

8 310, respectively; and 

9 (A) by inserting after the item relating to 

10 section 307 the following new item: 

‘‘Sec. 308. Protections for individuals subject to guardianship.’’. 

11 SEC. 205. EXPANSION AND REAUTHORIZATION OF GRANT 

12 PROGRAM TO ASSURE VOTING ACCESS FOR 

13 INDIVIDUALS WITH DISABILITIES. 

14 (a) PURPOSES OF PAYMENTS.—Section 261(b) of the 

15 Help America Vote Act of 2002 (52 U.S.C. 21021(b)) is 

16 amended by striking paragraphs (1) and (2) and inserting 

17 the following: 

18 ‘‘(1) making absentee voting and voting at 

19 home accessible to individuals with the full range of 

20 disabilities (including impairments involving vision, 

21 hearing, mobility, or dexterity) through the imple22 mentation of accessible absentee voting systems that 

23 work in conjunction with assistive technologies for 

24 which individuals have access at their homes, inde25 pendent living centers, or other facilities; 


pbinns on DSKJLVW7X2PROD with BILLS
108 

•S 954 IS

1 ‘‘(2) making polling places, including the path 

2 of travel, entrances, exits, and voting areas of each 

3 polling facility, accessible to individuals with disabil4 ities, including the blind and visually impaired, in a 

5 manner that provides the same opportunity for ac6 cess and participation (including privacy and inde7 pendence) as for other voters; and 

8 ‘‘(3) providing solutions to problems of access 

9 to voting and elections for individuals with disabil10 ities that are universally designed and provide the 

11 same opportunities for individuals with and without 

12 disabilities.’’. 

13 (b) REAUTHORIZATION.—Section 264(a) of such Act 

14 (52 U.S.C. 21024(a)) is amended by adding at the end 

15 the following new paragraph: 

16 ‘‘(4) For fiscal year 2022 and each succeeding 

17 fiscal year, such sums as may be necessary to carry 

18 out this part.’’. 

19 (c) PERIOD OF AVAILABILITY OF FUNDS.—Section 

20 264 of such Act (52 U.S.C. 21024) is amended— 

21 (1) in subsection (b), by striking ‘‘Any 

22 amounts’’ and inserting ‘‘Except as provided in sub23 section (b), any amounts’’; and 

24 (2) by adding at the end the following new sub25 section: 


pbinns on DSKJLVW7X2PROD with BILLS
109 

•S 954 IS

1 ‘‘(c) RETURN AND TRANSFER OF CERTAIN FUNDS.— 

2 ‘‘(1) DEADLINE FOR OBLIGATION AND EXPEND3 ITURE.—In the case of any amounts appropriated 

4 pursuant to the authority of subsection (a) for a 

5 payment to a State or unit of local government for 

6 fiscal year 2022 or any succeeding fiscal year, any 

7 portion of such amounts which have not been obli8 gated or expended by the State or unit of local gov9 ernment prior to the expiration of the 4-year period 

10 which begins on the date the State or unit of local 

11 government first received the amounts shall be 

12 transferred to the Commission. 

13 ‘‘(2) REALLOCATION OF TRANSFERRED

14 AMOUNTS.— 

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

16 use the amounts transferred under paragraph 

17 (1) to make payments on a pro rata basis to 

18 each covered payment recipient described in 

19 subparagraph (B), which may obligate and ex20 pend such payment for the purposes described 

21 in section 261(b) during the 1-year period 

22 which begins on the date of receipt. 

23 ‘‘(B) COVERED PAYMENT RECIPIENTS DE24 SCRIBED.—In subparagraph (A), a ‘covered 


pbinns on DSKJLVW7X2PROD with BILLS
110 

•S 954 IS

1 payment recipient’ is a State or unit of local 

2 government with respect to which— 

3 ‘‘(i) amounts were appropriated pur4 suant to the authority of subsection (a); 

5 and 

6 ‘‘(ii) no amounts were transferred to 

7 the Commission under paragraph (1).’’. 

8 SEC. 206. APPOINTMENTS TO EAC BOARD OF ADVISORS. 

9 (a) IN GENERAL.—Section 214(a) of the Help Amer10 ica Vote Act of 2002 (52 U.S.C. 20944(a)) is amended— 

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

12 striking ‘‘37’’ and inserting ‘‘49’’; and 

13 (2) by adding at the end the following new 

14 paragraphs: 

15 ‘‘(17) Two members appointed by the National 

16 Council on Disability. 

17 ‘‘(18) Two members appointed by the Assistant 

18 Secretary of Health and Human Services for Aging. 

19 ‘‘(19) Four members from organizations, whose 

20 executive leadership team consists of fifty-one per21 cent of individuals with disabilities, representing the 

22 interests of voters with disabilities, of whom— 

23 ‘‘(A) two members shall be appointed by 

24 the Committee on Education and Labor of the 

25 House of Representatives, of whom one shall be 


pbinns on DSKJLVW7X2PROD with BILLS
111 

•S 954 IS

1 appointed by the chair and one shall be ap2 pointed by the ranking minority member; and 

3 ‘‘(B) two members shall be appointed by 

4 the Committee on Health, Education, Labor, 

5 and Pensions of the Senate, of whom one shall 

6 be appointed by the chair and one shall be ap7 pointed by the ranking minority member. 

8 ‘‘(20) Four members from organizations rep9 resenting the interests of older voters, of whom— 

10 ‘‘(A) two members shall be appointed by 

11 the Committee on Education and Labor of the 

12 House of Representatives, of whom one shall be 

13 appointed by the chair and one shall be ap14 pointed by the ranking minority member; and 

15 ‘‘(B) two members shall be appointed by 

16 the Special Committee on Aging of the Senate, 

17 of whom one shall be appointed by the chair 

18 and one shall be appointed by the ranking mi19 nority member.’’. 

20 (b) EFFECTIVE DATE.—The amendments made by 

21 subsection (a) shall take effect on January 1, 2022. 

22 SEC. 207. FUNDING FOR PROTECTION AND ADVOCACY SYS23 TEMS. 

24 (a) INCLUSION OF SYSTEM SERVING AMERICAN IN25 DIAN CONSORTIUM.—Section 291(a) of the Help America 


pbinns on DSKJLVW7X2PROD with BILLS
112 

•S 954 IS

1 Vote Act of 2002 (52 U.S.C. 21061(a)) is amended by 

2 striking ‘‘of each State’’ and inserting ‘‘of each State and 

3 the eligible system serving the American Indian consor4 tium (within the meaning of section 509(c)(1)(B) of the 

5 Rehabilitation Act of 1973 (29 U.S.C. 794e(c)(1)(B)))’’. 

6 (b) GRANT AMOUNT.—Section 291(b) of the Help 

7 America Vote Act of 2002 (52 U.S.C. 21061(b)) is amend8 ed— 

9 (1) by striking ‘‘as set forth in subsections 

10 (c)(3)’’ and inserting ‘‘as set forth in subsections 

11 (c)(1)(B) (regardless of the fiscal year), (c)(3)’’; and 

12 (2) by striking ‘‘except that’’ and all that fol13 lows and inserting ‘‘except that the amount of the 

14 grants to systems referred to in subsection (c)(3)(B) 

15 of that section shall not be less than $70,000 and 

16 the amount of the grants to systems referred to in 

17 subsections (c)(1)(B) and (c)(4)(B) of that section 

18 shall not be less than $35,000.’’. 

19 (c) DEFINITION.—Section 291 of the Help America 

20 Vote Act of 2002 (52 U.S.C. 21061) is amended by adding 

21 at the end the following: 

22 ‘‘(d) STATE.—In this section, the term ‘State’ 

23 means— 

24 ‘‘(1) a State as defined in section 901; and 


pbinns on DSKJLVW7X2PROD with BILLS
113 

•S 954 IS

1 ‘‘(2) the Commonwealth of the Northern Mar2 iana Islands.’’. 

3 SEC. 208. PILOT PROGRAMS FOR ENABLING INDIVIDUALS 

4 WITH DISABILITIES TO REGISTER TO VOTE 

5 PRIVATELY AND INDEPENDENTLY AT RESI6 DENCES. 

7 (a) ESTABLISHMENT OF PILOT PROGRAMS.—The 

8 Election Assistance Commission (hereafter referred to as 

9 the ‘‘Commission’’) shall, subject to the availability of ap10 propriations to carry out this section, make grants to eligi11 ble States to conduct pilot programs under which individ12 uals with disabilities may use electronic means (including 

13 the internet and telephones utilizing assistive devices) to 

14 register to vote and to request and receive absentee ballots 

15 in a manner which permits such individuals to do so pri16 vately and independently at their own residences. 

17 (b) REPORTS.— 

18 (1) IN GENERAL.—A State receiving a grant for 

19 a year under this section shall submit a report to the 

20 Commission on the pilot programs the State carried 

21 out with the grant with respect to elections for pub22 lic office held in the State during the year. 

23 (2) DEADLINE.—A State shall submit a report 

24 under paragraph (1) not later than 90 days after 


pbinns on DSKJLVW7X2PROD with BILLS
114 

•S 954 IS

1 the last election for public office held in the State 

2 during the year. 

3 (c) ELIGIBILITY.—A State is eligible to receive a 

4 grant under this section if the State submits to the Com5 mission, at such time and in such form as the Commission 

6 may require, an application containing such information 

7 and assurances as the Commission may require. 

8 (d) TIMING.—The Commission shall make the first 

9 grants under this section for pilot programs which will be 

10 in effect with respect to elections for Federal office held 

11 in 2022, or, at the option of a State, with respect to other 

12 elections for public office held in the State in 2022. 

13 (e) STATE DEFINED.—In this section, the term 

14 ‘‘State’’ includes the District of Columbia, the Common15 wealth of Puerto Rico, Guam, American Samoa, the 

16 United States Virgin Islands, and the Commonwealth of 

17 the Northern Mariana Islands. 

18 SEC. 209. GAO ANALYSIS AND REPORT ON VOTING ACCESS 

19 FOR INDIVIDUALS WITH DISABILITIES. 

20 (a) ANALYSIS.—The Comptroller General of the 

21 United States shall conduct an analysis after each regu22 larly scheduled general election for Federal office with re23 spect to the following: 

24 (1) In relation to polling places located in 

25 houses of worship or other facilities that may be exVerDate Sep 11 2014 05:45 Apr 28, 2021 Jkt 019200 PO 00000 Frm 00114 Fmt 6652 Sfmt 6201 E:\BILLS\S954.IS S954

pbinns on DSKJLVW7X2PROD with BILLS
115 

•S 954 IS

1 empt from accessibility requirements under the 

2 Americans with Disabilities Act— 

3 (A) efforts to overcome accessibility chal4 lenges posed by such facilities; and 

5 (B) the extent to which such facilities are 

6 used as polling places in elections for Federal 

7 office. 

8 (2) Assistance provided by the Election Assist9 ance Commission, Department of Justice, or other 

10 Federal agencies to help State and local officials im11 prove voting access for individuals with disabilities 

12 during elections for Federal office. 

13 (3) When accessible voting machines are avail14 able at a polling place, the extent to which such ma15 chines— 

16 (A) are located in places that are difficult 

17 to access; 

18 (B) malfunction; or 

19 (C) fail to provide sufficient privacy to en20 sure that the ballot of the individual cannot be 

21 seen by another individual. 

22 (4) The process by which Federal, State, and 

23 local governments track compliance with accessibility 

24 requirements related to voting access, including 

25 methods to receive and address complaints. 


pbinns on DSKJLVW7X2PROD with BILLS
116 

•S 954 IS

1 (5) The extent to which poll workers receive 

2 training on how to assist individuals with disabil3 ities, including the receipt by such poll workers of 

4 information on legal requirements related to voting 

5 rights for individuals with disabilities. 

6 (6) The extent and effectiveness of training pro7 vided to poll workers on the operation of accessible 

8 voting machines. 

9 (7) The extent to which individuals with a de10 velopmental or psychiatric disability experience 

11 greater barriers to voting, and whether poll worker 

12 training adequately addresses the needs of such indi13 viduals. 

14 (8) The extent to which State or local govern15 ments employ, or attempt to employ, individuals 

16 with disabilities to work at polling sites. 

17 (b) REPORT.— 

18 (1) IN GENERAL.—Not later than 9 months 

19 after the date of a regularly scheduled general elec20 tion for Federal office, the Comptroller General shall 

21 submit to the appropriate congressional committees 

22 a report with respect to the most recent regularly 

23 scheduled general election for Federal office that 

24 contains the following: 


pbinns on DSKJLVW7X2PROD with BILLS
117 

•S 954 IS

1 (A) The analysis required by subsection 

2 (a). 

3 (B) Recommendations, as appropriate, to 

4 promote the use of best practices used by State 

5 and local officials to address barriers to accessi6 bility and privacy concerns for individuals with 

7 disabilities in elections for Federal office. 

8 (2) APPROPRIATE CONGRESSIONAL COMMIT9 TEES.—For purposes of this subsection, the term 

10 ‘‘appropriate congressional committees’’ means— 

11 (A) the Committee on House Administra12 tion of the House of Representatives; 

13 (B) the Committee on Rules and Adminis14 tration of the Senate; 

15 (C) the Committee on Appropriations of 

16 the House of Representatives; and 

17 (D) the Committee on Appropriations of 

18 the Senate. 

19 TITLE III—PROHIBITING VOTER 

20 CAGING 

21 SEC. 301. VOTER CAGING AND OTHER QUESTIONABLE 

22 CHALLENGES PROHIBITED. 

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

24 States Code, as amended by section 171(a), is amended 

25 by adding at the end the following: 


pbinns on DSKJLVW7X2PROD with BILLS
118 

•S 954 IS

1 ‘‘§ 613. Voter caging and other questionable chal2 lenges 

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

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

5 ‘‘(A) a nonforwardable document that is 

6 returned to the sender or a third party as unde7 livered or undeliverable despite an attempt to 

8 deliver such document to the address of a reg9 istered voter or applicant; or 

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

11 addressee that the document be returned to the 

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

13 despite an attempt to deliver such document to 

14 the address of a registered voter or applicant, 

15 unless at least two Federal election cycles have 

16 passed since the date of the attempted delivery; 

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

18 individuals compiled from voter caging documents; 

19 and 

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

21 list produced by matching the information of reg22 istered voters or applicants for voter registration to 

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

24 registrar’s jurisdiction, by virtue of death, convic25 tion, change of address, or otherwise; unless one of 

26 the pieces of information matched includes a signaVerDate Sep 11 2014 05:45 Apr 28, 2021 Jkt 019200 PO 00000 Frm 00118 Fmt 6652 Sfmt 6201 E:\BILLS\S954.IS S954

pbinns on DSKJLVW7X2PROD with BILLS
119 

•S 954 IS

1 ture, photograph, or unique identifying number en2 suring that the information from each source refers 

3 to the same individual. 

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

5 State or local election official shall prevent an individual 

6 from registering or voting in any election for Federal of7 fice, or permit in connection with any election for Federal 

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

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

10 such decision is evidence consisting of— 

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

12 list; 

13 ‘‘(2) an unverified match list; 

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

15 paper relating to any application, registration, or 

16 other act requisite to voting, if such error or omis17 sion is not material to an individual’s eligibility to 

18 vote under section 2004(a)(2)(B) of the Revised 

19 Statutes (52 U.S.C. 10101(a)(2)(B)); or 

20 ‘‘(4) any other evidence so designated for pur21 poses of this section by the Election Assistance Com22 mission, 

23 except that the election official may use such evidence if 

24 it is corroborated by independent evidence of the individ25 ual’s ineligibility to register or vote. 


pbinns on DSKJLVW7X2PROD with BILLS
120 

•S 954 IS

1 ‘‘(c) REQUIREMENTS FOR CHALLENGES BY PERSONS

2 OTHER THAN ELECTION OFFICIALS.— 

3 ‘‘(1) REQUIREMENTS FOR CHALLENGES.—No 

4 person, other than a State or local election official, 

5 shall submit a formal challenge to an individual’s eli6 gibility to register to vote in an election for Federal 

7 office or to vote in an election for Federal office un8 less that challenge is supported by personal knowl9 edge regarding the grounds for ineligibility which 

10 is— 

11 ‘‘(A) documented in writing; and 

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

13 under penalty of perjury that the challenger has 

14 a good faith factual basis to believe that the in15 dividual who is the subject of the challenge is 

16 ineligible to register to vote or vote in that elec17 tion, except a challenge which is based on the 

18 race, ethnicity, or national origin of the indi19 vidual who is the subject of the challenge may 

20 not be considered to have a good faith factual 

21 basis for purposes of this paragraph. 

22 ‘‘(2) PROHIBITION ON CHALLENGES ON OR

23 NEAR DATE OF ELECTION.—No person, other than 

24 a State or local election official, shall be permitted— 


pbinns on DSKJLVW7X2PROD with BILLS
121 

•S 954 IS

1 ‘‘(A) to challenge an individual’s eligibility 

2 to vote in an election for Federal office on Elec3 tion Day, or 

4 ‘‘(B) to challenge an individual’s eligibility 

5 to register to vote in an election for Federal of6 fice or to vote in an election for Federal office 

7 less than 10 days before the election unless the 

8 individual registered to vote less than 20 days 

9 before the election. 

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

11 Whoever knowingly challenges the eligibility of one or 

12 more individuals to register or vote or knowingly causes 

13 the eligibility of such individuals to be challenged in viola14 tion of this section with the intent that one or more eligi15 ble voters be disqualified, shall be fined under this title 

16 or imprisoned not more than 1 year, or both, for each such 

17 violation. Each violation shall be a separate offense. 

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

19 this section is intended to override the protections of the 

20 National Voter Registration Act of 1993 (52 U.S.C. 

21 20501 et seq.) or to affect the Voting Rights Act of 1965 

22 (52 U.S.C. 10301 et seq.).’’. 

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

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


pbinns on DSKJLVW7X2PROD with BILLS
122 

•S 954 IS

1 by section 171(b), is amended by adding at the end the 

2 following: 

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

3 SEC. 302. DEVELOPMENT AND ADOPTION OF BEST PRAC4 TICES FOR PREVENTING VOTER CAGING. 

5 (a) BEST PRACTICES.—Not later than 180 days after 

6 the date of the enactment of this Act, the Election Assist7 ance Commission shall develop and publish for the use of 

8 States recommendations for best practices to deter and 

9 prevent violations of section 613 of title 18, United States 

10 Code, as added by section 301(a), including practices to 

11 provide for the posting of relevant information at polling 

12 places and voter registration agencies, the training of poll 

13 workers and election officials, and relevant educational 

14 measures. For purposes of this subsection, the term 

15 ‘‘State’’ includes the District of Columbia, the Common16 wealth of Puerto Rico, Guam, American Samoa, the 

17 United States Virgin Islands, and the Commonwealth of 

18 the Northern Mariana Islands. 

19 (b) INCLUSION IN VOTING INFORMATION REQUIRE20 MENTS.—Section 302(b)(2) of the Help America Vote Act 

21 of 2002 (52 U.S.C. 21082(b)(2)), as amended by section 

22 172(b), is amended— 

23 (1) by striking ‘‘and’’ at the end of subpara24 graph (F); 


pbinns on DSKJLVW7X2PROD with BILLS
123 

•S 954 IS

1 (2) by striking the period at the end of sub2 paragraph (G) and inserting ‘‘; and’’; and 

3 (3) by adding at the end the following new sub4 paragraph: 

5 ‘‘(H) information relating to the prohibi6 tion against voter caging and other questionable 

7 challenges (as set forth in section 613 of title 

8 18, United States Code), including information 

9 on how individuals may report allegations of 

10 violations of such prohibition.’’. 

11 TITLE IV—PROHIBITING DECEP12 TIVE PRACTICES AND PRE13 VENTING VOTER INTIMIDA14 TION 

15 SEC. 401. SHORT TITLE. 

16 This title may be cited as the ‘‘Deceptive Practices 

17 and Voter Intimidation Prevention Act of 2021’’. 

18 SEC. 402. PROHIBITION ON DECEPTIVE PRACTICES IN FED19 ERAL ELECTIONS. 

20 (a) PROHIBITION.—Subsection (b) of section 2004 of 

21 the Revised Statutes (52 U.S.C. 10101(b)) is amended— 

22 (1) by striking ‘‘No person’’ and inserting the 

23 following: 

24 ‘‘(1) IN GENERAL.—No person’’; and 


pbinns on DSKJLVW7X2PROD with BILLS
124 

•S 954 IS

1 (2) by inserting at the end the following new 

2 paragraphs: 

3 ‘‘(2) FALSE STATEMENTS REGARDING FEDERAL

4 ELECTIONS.— 

5 ‘‘(A) PROHIBITION.—No person, whether 

6 acting under color of law or otherwise, shall, 

7 within 60 days before an election described in 

8 paragraph (5), by any means, including by 

9 means of written, electronic, or telephonic com10 munications, communicate or cause to be com11 municated information described in subpara12 graph (B), or produce information described in 

13 subparagraph (B) with the intent that such in14 formation be communicated, if such person— 

15 ‘‘(i) knows such information to be ma16 terially false; and 

17 ‘‘(ii) has the intent to impede or pre18 vent another person from exercising the 

19 right to vote in an election described in 

20 paragraph (5). 

21 ‘‘(B) INFORMATION DESCRIBED.—Infor22 mation is described in this subparagraph if such 

23 information is regarding— 


pbinns on DSKJLVW7X2PROD with BILLS
125 

•S 954 IS

1 ‘‘(i) the time, place, or manner of 

2 holding any election described in para3 graph (5); or 

4 ‘‘(ii) the qualifications for or restric5 tions on voter eligibility for any such elec6 tion, including— 

7 ‘‘(I) any criminal penalties asso8 ciated with voting in any such elec9 tion; or 

10 ‘‘(II) information regarding a 

11 voter’s registration status or eligi12 bility. 

13 ‘‘(3) FALSE STATEMENTS REGARDING PUBLIC

14 ENDORSEMENTS.— 

15 ‘‘(A) PROHIBITION.—No person, whether 

16 acting under color of law or otherwise, shall, 

17 within 60 days before an election described in 

18 paragraph (5), by any means, including by 

19 means of written, electronic, or telephonic com20 munications, communicate, or cause to be com21 municated, a materially false statement about 

22 an endorsement, if such person— 

23 ‘‘(i) knows such statement to be false; 

24 and 


pbinns on DSKJLVW7X2PROD with BILLS
126 

•S 954 IS

1 ‘‘(ii) has the intent to impede or pre2 vent another person from exercising the 

3 right to vote in an election described in 

4 paragraph (5). 

5 ‘‘(B) DEFINITION OF ‘MATERIALLY

6 FALSE’.—For purposes of subparagraph (A), a 

7 statement about an endorsement is ‘materially 

8 false’ if, with respect to an upcoming election 

9 described in paragraph (5)— 

10 ‘‘(i) the statement states that a spe11 cifically named person, political party, or 

12 organization has endorsed the election of a 

13 specific candidate for a Federal office de14 scribed in such paragraph; and 

15 ‘‘(ii) such person, political party, or 

16 organization has not endorsed the election 

17 of such candidate. 

18 ‘‘(4) HINDERING, INTERFERING WITH, OR PRE19 VENTING VOTING OR REGISTERING TO VOTE.—No 

20 person, whether acting under color of law or other21 wise, shall intentionally hinder, interfere with, or 

22 prevent another person from voting, registering to 

23 vote, or aiding another person to vote or register to 

24 vote in an election described in paragraph (5). 


pbinns on DSKJLVW7X2PROD with BILLS
127 

•S 954 IS

1 ‘‘(5) ELECTION DESCRIBED.—An election de2 scribed in this paragraph is any general, primary, 

3 run-off, or special election held solely or in part for 

4 the purpose of nominating or electing a candidate 

5 for the office of President, Vice President, Presi6 dential elector, Member of the Senate, Member of 

7 the House of Representatives, or Delegate or Com8 missioner from a Territory or possession.’’. 

9 (b) PRIVATE RIGHT OF ACTION.— 

10 (1) IN GENERAL.—Subsection (c) of section 

11 2004 of the Revised Statutes (52 U.S.C. 10101(c)) 

12 is amended— 

13 (A) by striking ‘‘Whenever any person’’ 

14 and inserting the following: 

15 ‘‘(1) IN GENERAL.—Whenever any person’’; and 

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

17 paragraph: 

18 ‘‘(2) CIVIL ACTION.—Any person aggrieved by a 

19 violation of subsection (b)(2), (b)(3), or (b)(4) may 

20 institute a civil action for preventive relief, including 

21 an application in a United States district court for 

22 a permanent or temporary injunction, restraining 

23 order, or other order. In any such action, the court, 

24 in its discretion, may allow the prevailing party a 

25 reasonable attorney’s fee as part of the costs.’’. 


pbinns on DSKJLVW7X2PROD with BILLS
128 

•S 954 IS

1 (2) CONFORMING AMENDMENTS.—Section 2004 

2 of the Revised Statutes (52 U.S.C. 10101) is 

3 amended— 

4 (A) in subsection (e), by striking ‘‘sub5 section (c)’’ and inserting ‘‘subsection (c)(1)’’; 

6 and 

7 (B) in subsection (g), by striking ‘‘sub8 section (c)’’ and inserting ‘‘subsection (c)(1)’’. 

9 (c) CRIMINAL PENALTIES.— 

10 (1) DECEPTIVE ACTS.—Section 594 of title 18, 

11 United States Code, is amended— 

12 (A) by striking ‘‘Whoever’’ and inserting 

13 the following: 

14 ‘‘(a) INTIMIDATION.—Whoever’’; 

15 (B) in subsection (a), as inserted by sub16 paragraph (A), by striking ‘‘at any election’’ 

17 and inserting ‘‘at any general, primary, run-off, 

18 or special election’’; and 

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

20 subsections: 

21 ‘‘(b) DECEPTIVE ACTS.— 

22 ‘‘(1) FALSE STATEMENTS REGARDING FEDERAL

23 ELECTIONS.— 

24 ‘‘(A) PROHIBITION.—It shall be unlawful 

25 for any person, whether acting under color of 


pbinns on DSKJLVW7X2PROD with BILLS
129 

•S 954 IS

1 law or otherwise, within 60 days before an elec2 tion described in subsection (e), by any means, 

3 including by means of written, electronic, or tel4 ephonic communications, to communicate or 

5 cause to be communicated information de6 scribed in subparagraph (B), or produce infor7 mation described in subparagraph (B) with the 

8 intent that such information be communicated, 

9 if such person— 

10 ‘‘(i) knows such information to be ma11 terially false; and 

12 ‘‘(ii) has the intent to mislead voters, 

13 or the intent to impede or prevent another 

14 person from exercising the right to vote in 

15 an election described in subsection (e). 

16 ‘‘(B) INFORMATION DESCRIBED.—Infor17 mation is described in this subparagraph if such 

18 information is regarding— 

19 ‘‘(i) the time or place of holding any 

20 election described in subsection (e); or 

21 ‘‘(ii) the qualifications for or restric22 tions on voter eligibility for any such elec23 tion, including— 


pbinns on DSKJLVW7X2PROD with BILLS
130 

•S 954 IS

1 ‘‘(I) any criminal penalties asso2 ciated with voting in any such elec3 tion; or 

4 ‘‘(II) information regarding a 

5 voter’s registration status or eligi6 bility. 

7 ‘‘(2) PENALTY.—Any person who violates para8 graph (1) shall be fined not more than $100,000, 

9 imprisoned for not more than 5 years, or both. 

10 ‘‘(c) HINDERING, INTERFERING WITH, OR PRE11 VENTING VOTING OR REGISTERING TO VOTE.— 

12 ‘‘(1) PROHIBITION.—It shall be unlawful for 

13 any person, whether acting under color of law or 

14 otherwise, to intentionally hinder, interfere with, or 

15 prevent another person from voting, registering to 

16 vote, or aiding another person to vote or register to 

17 vote in an election described in subsection (e). 

18 ‘‘(2) PENALTY.—Any person who violates para19 graph (1) shall be fined not more than $100,000, 

20 imprisoned for not more than 5 years, or both. 

21 ‘‘(d) ATTEMPT.—Any person who attempts to commit 

22 any offense described in subsection (a), (b)(1), or (c)(1) 

23 shall be subject to the same penalties as those prescribed 

24 for the offense that the person attempted to commit. 


pbinns on DSKJLVW7X2PROD with BILLS
131 

•S 954 IS

1 ‘‘(e) ELECTION DESCRIBED.—An election described 

2 in this subsection is any general, primary, run-off, or spe3 cial election held solely or in part for the purpose of nomi4 nating or electing a candidate for the office of President, 

5 Vice President, Presidential elector, Senator, Member of 

6 the House of Representatives, or Delegate or Resident 

7 Commissioner to the Congress.’’. 

8 (2) MODIFICATION OF PENALTY FOR VOTER IN9 TIMIDATION.—Section 594(a) of title 18, United 

10 States Code, as amended by paragraph (1), is 

11 amended by striking ‘‘fined under this title or im12 prisoned not more than one year’’ and inserting 

13 ‘‘fined not more than $100,000, imprisoned for not 

14 more than 5 years’’. 

15 (3) SENTENCING GUIDELINES.— 

16 (A) REVIEW AND AMENDMENT.—Not later 

17 than 180 days after the date of enactment of 

18 this Act, the United States Sentencing Commis19 sion, pursuant to its authority under section 

20 994 of title 28, United States Code, and in ac21 cordance with this section, shall review and, if 

22 appropriate, amend the Federal sentencing 

23 guidelines and policy statements applicable to 

24 persons convicted of any offense under section 


pbinns on DSKJLVW7X2PROD with BILLS
132 

•S 954 IS

1 594 of title 18, United States Code, as amend2 ed by this section. 

3 (B) AUTHORIZATION.—The United States 

4 Sentencing Commission may amend the Federal 

5 Sentencing Guidelines in accordance with the 

6 procedures set forth in section 21(a) of the Sen7 tencing Act of 1987 (28 U.S.C. 994 note) as 

8 though the authority under that section had not 

9 expired. 

10 (4) PAYMENTS FOR REFRAINING FROM VOT11 ING.—Subsection (c) of section 11 of the Voting 

12 Rights Act of 1965 (52 U.S.C. 10307) is amended 

13 by striking ‘‘either for registration to vote or for vot14 ing’’ and inserting ‘‘for registration to vote, for vot15 ing, or for not voting’’. 

16 SEC. 403. CORRECTIVE ACTION. 

17 (a) CORRECTIVE ACTION.— 

18 (1) IN GENERAL.—If the Attorney General re19 ceives a credible report that materially false informa20 tion has been or is being communicated in violation 

21 of paragraphs (2) and (3) of section 2004(b) of the 

22 Revised Statutes (52 U.S.C. 10101(b)), as added by 

23 section 402(a), and if the Attorney General deter24 mines that State and local election officials have not 

25 taken adequate steps to promptly communicate accuVerDate Sep 11 2014 05:45 Apr 28, 2021 Jkt 019200 PO 00000 Frm 00132 Fmt 6652 Sfmt 6201 E:\BILLS\S954.IS S954

pbinns on DSKJLVW7X2PROD with BILLS
133 

•S 954 IS

1 rate information to correct the materially false infor2 mation, the Attorney General shall, pursuant to the 

3 written procedures and standards under subsection 

4 (b), communicate to the public, by any means, in5 cluding by means of written, electronic, or telephonic 

6 communications, accurate information designed to 

7 correct the materially false information. 

8 (2) COMMUNICATION OF CORRECTIVE INFORMA9 TION.—Any information communicated by the Attor10 ney General under paragraph (1)— 

11 (A) shall— 

12 (i) be accurate and objective; 

13 (ii) consist of only the information 

14 necessary to correct the materially false in15 formation that has been or is being com16 municated; and 

17 (iii) to the extent practicable, be by a 

18 means that the Attorney General deter19 mines will reach the persons to whom the 

20 materially false information has been or is 

21 being communicated; and 

22 (B) shall not be designed to favor or dis23 favor any particular candidate, organization, or 

24 political party. 


pbinns on DSKJLVW7X2PROD with BILLS
134 

•S 954 IS

1 (b) WRITTEN PROCEDURES AND STANDARDS FOR

2 TAKING CORRECTIVE ACTION.— 

3 (1) IN GENERAL.—Not later than 180 days 

4 after the date of enactment of this Act, the Attorney 

5 General shall publish written procedures and stand6 ards for determining when and how corrective action 

7 will be taken under this section. 

8 (2) INCLUSION OF APPROPRIATE DEADLINES.— 

9 The procedures and standards under paragraph (1) 

10 shall include appropriate deadlines, based in part on 

11 the number of days remaining before the upcoming 

12 election. 

13 (3) CONSULTATION.—In developing the proce14 dures and standards under paragraph (1), the Attor15 ney General shall consult with the Election Assist16 ance Commission, State and local election officials, 

17 civil rights organizations, voting rights groups, voter 

18 protection groups, and other interested community 

19 organizations. 

20 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

21 are authorized to be appropriated to the Attorney General 

22 such sums as may be necessary to carry out this title. 

23 SEC. 404. REPORTS TO CONGRESS. 

24 (a) IN GENERAL.—Not later than 180 days after 

25 each general election for Federal office, the Attorney GenVerDate Sep 11 2014 05:45 Apr 28, 2021 Jkt 019200 PO 00000 Frm 00134 Fmt 6652 Sfmt 6201 E:\BILLS\S954.IS S954

pbinns on DSKJLVW7X2PROD with BILLS
135 

•S 954 IS

1 eral shall submit to Congress a report compiling all allega2 tions received by the Attorney General of deceptive prac3 tices described in paragraphs (2), (3), and (4) of section 

4 2004(b) of the Revised Statutes (52 U.S.C. 10101(b)), as 

5 added by section 402(a), relating to the general election 

6 for Federal office and any primary, run-off, or a special 

7 election for Federal office held in the 2 years preceding 

8 the general election. 

9 (b) CONTENTS.— 

10 (1) IN GENERAL.—Each report submitted 

11 under subsection (a) shall include— 

12 (A) a description of each allegation of a 

13 deceptive practice described in subsection (a), 

14 including the geographic location, racial and 

15 ethnic composition, and language minority16 group membership of the persons toward whom 

17 the alleged deceptive practice was directed; 

18 (B) the status of the investigation of each 

19 allegation described in subparagraph (A); 

20 (C) a description of each corrective action 

21 taken by the Attorney General under section 

22 403(a) in response to an allegation described in 

23 subparagraph (A); 


pbinns on DSKJLVW7X2PROD with BILLS
136 

•S 954 IS

1 (D) a description of each referral of an al2 legation described in subparagraph (A) to other 

3 Federal, State, or local agencies; 

4 (E) to the extent information is available, 

5 a description of any civil action instituted under 

6 section 2004(c)(2) of the Revised Statutes (52 

7 U.S.C. 10101(c)(2)), as added by section 

8 402(b), in connection with an allegation de9 scribed in subparagraph (A); and 

10 (F) a description of any criminal prosecu11 tion instituted under section 594 of title 18, 

12 United States Code, as amended by section 

13 402(c), in connection with the receipt of an alle14 gation described in subparagraph (A) by the 

15 Attorney General. 

16 (2) EXCLUSION OF CERTAIN INFORMATION.— 

17 (A) IN GENERAL.—The Attorney General 

18 shall not include in a report submitted under 

19 subsection (a) any information protected from 

20 disclosure by rule 6(e) of the Federal Rules of 

21 Criminal Procedure or any Federal criminal 

22 statute. 

23 (B) EXCLUSION OF CERTAIN OTHER IN24 FORMATION.—The Attorney General may deter25 mine that the following information shall not be 


pbinns on DSKJLVW7X2PROD with BILLS
137 

•S 954 IS

1 included in a report submitted under subsection 

2 (a): 

3 (i) Any information that is privileged. 

4 (ii) Any information concerning an 

5 ongoing investigation. 

6 (iii) Any information concerning a 

7 criminal or civil proceeding conducted 

8 under seal. 

9 (iv) Any other nonpublic information 

10 that the Attorney General determines the 

11 disclosure of which could reasonably be ex12 pected to infringe on the rights of any in13 dividual or adversely affect the integrity of 

14 a pending or future criminal investigation. 

15 (c) REPORT MADE PUBLIC.—On the date that the 

16 Attorney General submits the report under subsection (a), 

17 the Attorney General shall also make the report publicly 

18 available through the internet and other appropriate 

19 means. 

20 TITLE V—DEMOCRACY 

21 RESTORATION 

22 SEC. 501. SHORT TITLE. 

23 This title may be cited as the ‘‘Democracy Restora24 tion Act of 2021’’. 


pbinns on DSKJLVW7X2PROD with BILLS
138 

•S 954 IS

1 SEC. 502. FINDINGS. 

2 Congress makes the following findings: 

3 (1) The right to vote is the most basic constitu4 tive act of citizenship. Regaining the right to vote 

5 reintegrates individuals with criminal convictions 

6 into free society, helping to enhance public safety. 

7 (2) Article I, section 4, of the Constitution 

8 grants Congress ultimate supervisory power over 

9 Federal elections, an authority which has repeatedly 

10 been upheld by the United States Supreme Court. 

11 (3) Basic constitutional principles of fairness 

12 and equal protection require an equal opportunity 

13 for citizens of the United States to vote in Federal 

14 elections. The right to vote may not be abridged or 

15 denied by the United States or by any State on ac16 count of race, color, gender, or previous condition of 

17 servitude. The 13th, 14th, 15th, 19th, 24th, and 

18 26th Amendments to the Constitution empower Con19 gress to enact measures to protect the right to vote 

20 in Federal elections. The 8th Amendment to the 

21 Constitution provides for no excessive bail to be re22 quired, nor excessive fines imposed, nor cruel and 

23 unusual punishments inflicted. 

24 (4) There are 3 areas in which discrepancies in 

25 State laws regarding criminal convictions lead to un26 fairness in Federal elections— 


pbinns on DSKJLVW7X2PROD with BILLS
139 

•S 954 IS

1 (A) the lack of a uniform standard for vot2 ing in Federal elections leads to an unfair dis3 parity and unequal participation in Federal 

4 elections based solely on where a person lives; 

5 (B) laws governing the restoration of vot6 ing rights after a criminal conviction vary 

7 throughout the country and persons in some 

8 States can easily regain their voting rights 

9 while in other States persons effectively lose 

10 their right to vote permanently; and 

11 (C) State disenfranchisement laws dis12 proportionately impact racial and ethnic minori13 ties. 

14 (5) State disenfranchisement laws vary widely. 

15 Two States (Maine and Vermont) and the Common16 wealth of Puerto Rico do not disenfranchise individ17 uals with criminal convictions at all. In 2020, the 

18 District of Columbia re-enfranchised its citizens who 

19 are under the supervision of the Federal Bureau of 

20 Prisons. In 30 States, individuals with convictions 

21 may not vote while they are on parole and 28 of 

22 those States disenfranchise individuals on felony 

23 probation as well. In 11 States, a conviction can re24 sult in lifetime disenfranchisement. 


pbinns on DSKJLVW7X2PROD with BILLS
140 

•S 954 IS

1 (6) Several States deny the right to vote to in2 dividuals convicted of certain misdemeanors. 

3 (7) In 2020, an estimated 5,200,000 citizens of 

4 the United States, or about 1 in 44 adults in the 

5 United States, could not vote as a result of a felony 

6 conviction. Of the 5,200,000 citizens barred from 

7 voting then, only 24 percent were in prison. By con8 trast, 75 percent of persons disenfranchised then re9 sided in their communities while on probation or pa10 role or after having completed their sentences. Ap11 proximately 2,200,000 citizens who had completed 

12 their sentences were disenfranchised due to restric13 tive State laws. As of November 2018, the lifetime 

14 ban for persons with certain felony convictions was 

15 eliminated through a Florida ballot initiative. As a 

16 result, as many as 1,400,000 people are now eligible 

17 to have their voting rights restored. In 4 States— 

18 Alabama, Florida, Mississippi, and Tennessee—more 

19 than 7 percent of the total population is 

20 disenfranchised. 

21 (8) In those States that disenfranchise individ22 uals post-sentence, the right to vote can be regained 

23 in theory, but in practice this possibility is often 

24 granted in a non-uniform and potentially discrimina25 tory manner. Disenfranchised individuals sometimes 


pbinns on DSKJLVW7X2PROD with BILLS
141 

•S 954 IS

1 must either obtain a pardon or an order from the 

2 Governor or an action by the parole or pardon 

3 board, depending on the offense and State. Individ4 uals convicted of a Federal offense often have addi5 tional barriers to regaining voting rights. 

6 (9) State disenfranchisement laws dispropor7 tionately impact racial and ethnic minorities. In re8 cent years, African Americans have been imprisoned 

9 at over 5 times the rate of Whites. More than 6 per10 cent of the voting-age African-American population, 

11 or 1,800,000 African Americans, are disenfranchised 

12 due to a felony conviction. In 9 States—Alabama 

13 (16 percent), Arizona (13 percent), Florida (15 per14 cent), Kentucky (15 percent), Mississippi (16 per15 cent), South Dakota (14 percent), Tennessee (21 

16 percent), Virginia (16 percent), and Wyoming (36 

17 percent)—more than 1 in 8 African Americans are 

18 unable to vote because of a felony conviction, twice 

19 the national average for African Americans. 

20 (10) Latino citizens are also disproportionately 

21 disenfranchised based upon their disproportionate 

22 representation in the criminal justice system. In re23 cent years, Latinos have been imprisoned at 2.5 

24 times the rate of Whites. More than 2 percent of the 

25 voting-age Latino population, or 560,000 Latinos, 


pbinns on DSKJLVW7X2PROD with BILLS
142 

•S 954 IS

1 are disenfranchised due to a felony conviction. In 34 

2 states Latinos are disenfranchised at a higher rate 

3 than the general population. In 11 states 4 percent 

4 or more of Latino adults are disenfranchised due to 

5 a felony conviction (Alabama, 4 percent; Arizona, 7 

6 percent; Arkansas, 4 percent; Idaho, 4 percent; 

7 Iowa, 4 percent; Kentucky, 6 percent; Minnesota, 4 

8 percent; Mississippi, 5 percent; Nebraska, 6 percent; 

9 Tennessee, 11 percent, Wyoming, 4 percent), twice 

10 the national average for Latinos. 

11 (11) Disenfranchising citizens who have been 

12 convicted of a criminal offense and who are living 

13 and working in the community serves no compelling 

14 State interest and hinders their rehabilitation and 

15 reintegration into society. 

16 (12) State disenfranchisement laws can sup17 press electoral participation among eligible voters by 

18 discouraging voting among family and community 

19 members of disenfranchised persons. Future elec20 toral participation by the children of disenfranchised 

21 parents may be impacted as well. 

22 (13) The United States is one of the only West23 ern democracies that permits the permanent denial 

24 of voting rights for individuals with felony convic25 tions. 


pbinns on DSKJLVW7X2PROD with BILLS
143 

•S 954 IS

1 SEC. 503. RIGHTS OF CITIZENS. 

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

3 United States to vote in any election for Federal office 

4 shall not be denied or abridged because that individual has 

5 been convicted of a criminal offense unless such individual 

6 is serving a felony sentence in a correctional institution 

7 or facility at the time of the election. 

8 SEC. 504. ENFORCEMENT. 

9 (a) ATTORNEY GENERAL.—The Attorney General 

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

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

12 (b) PRIVATE RIGHT OF ACTION.— 

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

14 by a violation of this title may provide written notice 

15 of the violation to the chief election official of the 

16 State involved. 

17 (2) RELIEF.—Except as provided in paragraph 

18 (3), if the violation is not corrected within 90 days 

19 after receipt of a notice under paragraph (1), or 

20 within 20 days after receipt of the notice if the viola21 tion occurred within 120 days before the date of an 

22 election for Federal office, the aggrieved person 

23 may, in a civil action, obtain declaratory or injunc24 tive relief with respect to the violation. 

25 (3) EXCEPTION.—If the violation occurred 

26 within 30 days before the date of an election for 


pbinns on DSKJLVW7X2PROD with BILLS
144 

•S 954 IS

1 Federal office, the aggrieved person need not provide 

2 notice to the chief election official of the State under 

3 paragraph (1) before bringing a civil action to obtain 

4 declaratory or injunctive relief with respect to the 

5 violation. 

6 SEC. 505. NOTIFICATION OF RESTORATION OF VOTING 

7 RIGHTS. 

8 (a) STATE NOTIFICATION.— 

9 (1) NOTIFICATION.—On the date determined 

10 under paragraph (2), each State shall— 

11 (A) notify in writing any individual who 

12 has been convicted of a criminal offense under 

13 the law of that State that such individual— 

14 (i) has the right to vote in an election 

15 for Federal office pursuant to the Democ16 racy Restoration Act of 2021; and 

17 (ii) may register to vote in any such 

18 election; and 

19 (B) provide such individual with any mate20 rials that are necessary to register to vote in 

21 any such election. 

22 (2) DATE OF NOTIFICATION.— 

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

24 such an individual who has been convicted of a 

25 felony, the notification required under paraVerDate Sep 11 2014 05:45 Apr 28, 2021 Jkt 019200 PO 00000 Frm 00144 Fmt 6652 Sfmt 6201 E:\BILLS\S954.IS S954

pbinns on DSKJLVW7X2PROD with BILLS
145 

•S 954 IS

1 graph (1) shall be given on the date on which 

2 the individual— 

3 (i) is sentenced to serve only a term 

4 of probation; or 

5 (ii) is released from the custody of 

6 that State (other than to the custody of 

7 another State or the Federal Government 

8 to serve a term of imprisonment for a fel9 ony conviction). 

10 (B) MISDEMEANOR CONVICTION.—In the 

11 case of such an individual who has been con12 victed of a misdemeanor, the notification re13 quired under paragraph (1) shall be given on 

14 the date on which such individual is sentenced 

15 by a State court. 

16 (b) FEDERAL NOTIFICATION.— 

17 (1) NOTIFICATION.—Any individual who has 

18 been convicted of a criminal offense under Federal 

19 law— 

20 (A) shall be notified in accordance with 

21 paragraph (2) that such individual— 

22 (i) has the right to vote in an election 

23 for Federal office pursuant to the Democ24 racy Restoration Act of 2021; and 


pbinns on DSKJLVW7X2PROD with BILLS
146 

•S 954 IS

1 (ii) may register to vote in any such 

2 election; and 

3 (B) shall be provided with any materials 

4 that are necessary to register to vote in any 

5 such election. 

6 (2) DATE OF NOTIFICATION.— 

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

8 such an individual who has been convicted of a 

9 felony, the notification required under para10 graph (1) shall be given— 

11 (i) in the case of an individual who is 

12 sentenced to serve only a term of proba13 tion, by the Assistant Director for the Of14 fice of Probation and Pretrial Services of 

15 the Administrative Office of the United 

16 States Courts on the date on which the in17 dividual is sentenced; or 

18 (ii) in the case of any individual com19 mitted to the custody of the Bureau of 

20 Prisons, by the Director of the Bureau of 

21 Prisons, during the period beginning on 

22 the date that is 6 months before such indi23 vidual is released and ending on the date 

24 such individual is released from the cus25 tody of the Bureau of Prisons. 


pbinns on DSKJLVW7X2PROD with BILLS
147 

•S 954 IS

1 (B) MISDEMEANOR CONVICTION.—In the 

2 case of such an individual who has been con3 victed of a misdemeanor, the notification re4 quired under paragraph (1) shall be given on 

5 the date on which such individual is sentenced 

6 by a court established by an Act of Congress. 

7 SEC. 506. DEFINITIONS. 

8 For purposes of this title: 

9 (1) CORRECTIONAL INSTITUTION OR FACIL10 ITY.—The term ‘‘correctional institution or facility’’ 

11 means any prison, penitentiary, jail, or other institu12 tion or facility for the confinement of individuals 

13 convicted of criminal offenses, whether publicly or 

14 privately operated, except that such term does not 

15 include any residential community treatment center 

16 (or similar public or private facility). 

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

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

19 election; 

20 (B) a convention or caucus of a political 

21 party held to nominate a candidate; 

22 (C) a primary election held for the selec23 tion of delegates to a national nominating con24 vention of a political party; or 


pbinns on DSKJLVW7X2PROD with BILLS
148 

•S 954 IS

1 (D) a primary election held for the expres2 sion of a preference for the nomination of per3 sons for election to the office of President. 

4 (3) FEDERAL OFFICE.—The term ‘‘Federal of5 fice’’ means the office of President or Vice President 

6 of the United States, or of Senator or Representa7 tive in, or Delegate or Resident Commissioner to, 

8 the Congress of the United States. 

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

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

11 court, with or without a condition on the individual 

12 involved concerning— 

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

14 (B) the payment of damages by the indi15 vidual; 

16 (C) periodic reporting by the individual to 

17 an officer of the court; or 

18 (D) supervision of the individual by an of19 ficer of the court. 

20 SEC. 507. RELATION TO OTHER LAWS. 

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

22 Nothing in this title be construed to prohibit the States 

23 from enacting any State law which affords the right to 

24 vote in any election for Federal office on terms less restric25 tive than those established by this title. 


pbinns on DSKJLVW7X2PROD with BILLS
149 

•S 954 IS

1 (b) CERTAIN FEDERAL ACTS.—The rights and rem2 edies established by this title— 

3 (1) are in addition to all other rights and rem4 edies provided by law, and 

5 (2) shall not supersede, restrict, or limit the ap6 plication of the Voting Rights Act of 1965 (52 

7 U.S.C. 10301 et seq.) or the National Voter Reg8 istration Act of 1993 (52 U.S.C. 20501 et seq.). 

9 SEC. 508. FEDERAL PRISON FUNDS. 

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

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

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

13 funds unless that person has in effect a program under 

14 which each individual incarcerated in that person’s juris15 diction who is a citizen of the United States is notified, 

16 upon release from such incarceration, of that individual’s 

17 rights under section 503. 

18 SEC. 509. EFFECTIVE DATE. 

19 This title shall apply to citizens of the United States 

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

21 of the enactment of this Act. 


pbinns on DSKJLVW7X2PROD with BILLS
150 

•S 954 IS

1 TITLE VI—PROMOTING ACCU2 RACY, INTEGRITY, AND SECU3 RITY THROUGH VOTER4 VERIFIED PERMANENT 

5 PAPER BALLOT 

6 SEC. 601. SHORT TITLE. 

7 This title may be cited as the ‘‘Voter Confidence and 

8 Increased Accessibility Act of 2021’’. 

9 SEC. 602. PAPER BALLOT AND MANUAL COUNTING RE10 QUIREMENTS. 

11 (a) IN GENERAL.—Section 301(a)(2) of the Help 

12 America Vote Act of 2002 (52 U.S.C. 21081(a)(2)) is 

13 amended to read as follows: 

14 ‘‘(2) PAPER BALLOT REQUIREMENT.— 

15 ‘‘(A) VOTER-VERIFIED PAPER BALLOTS.— 

16 ‘‘(i) PAPER BALLOT REQUIREMENT.— 

17 (I) The voting system shall require the use 

18 of an individual, durable, voter-verified 

19 paper ballot of the voter’s vote that shall 

20 be marked and made available for inspec21 tion and verification by the voter before 

22 the voter’s vote is cast and counted, and 

23 which shall be counted by hand or read by 

24 an optical character recognition device or 

25 other counting device. For purposes of this 


pbinns on DSKJLVW7X2PROD with BILLS
151 

•S 954 IS

1 subclause, the term ‘individual, durable, 

2 voter-verified paper ballot’ means a paper 

3 ballot marked by the voter by hand or a 

4 paper ballot marked through the use of a 

5 nontabulating ballot marking device or sys6 tem, so long as the voter shall have the op7 tion to mark his or her ballot by hand. 

8 ‘‘(II) The voting system shall provide 

9 the voter with an opportunity to correct 

10 any error on the paper ballot before the 

11 permanent voter-verified paper ballot is 

12 preserved in accordance with clause (ii). 

13 ‘‘(III) The voting system shall not 

14 preserve the voter-verified paper ballots in 

15 any manner that makes it possible, at any 

16 time after the ballot has been cast, to asso17 ciate a voter with the record of the voter’s 

18 vote without the voter’s consent. 

19 ‘‘(IV) The voting system shall pre20 vent, through mechanical means or 

21 through independently verified protections, 

22 the modification or addition of vote selec23 tions on a printed or marked ballot at any 

24 time after the voter has been provided an 


pbinns on DSKJLVW7X2PROD with BILLS
152 

•S 954 IS

1 opportunity to correct errors on the ballot 

2 pursuant to subclause (II). 

3 ‘‘(ii) PRESERVATION AS OFFICIAL

4 RECORD.—The individual, durable, voter5 verified paper ballot used in accordance 

6 with clause (i) shall constitute the official 

7 ballot and shall be preserved and used as 

8 the official ballot for purposes of any re9 count or audit conducted with respect to 

10 any election for Federal office in which the 

11 voting system is used. 

12 ‘‘(iii) MANUAL COUNTING REQUIRE13 MENTS FOR RECOUNTS AND AUDITS.—(I) 

14 Each paper ballot used pursuant to clause 

15 (i) shall be suitable for a manual audit, 

16 and shall be counted by hand in any re17 count or audit conducted with respect to 

18 any election for Federal office. 

19 ‘‘(II) In the event of any inconsist20 encies or irregularities between any elec21 tronic vote tallies and the vote tallies de22 termined by counting by hand the indi23 vidual, durable, voter-verified paper ballots 

24 used pursuant to clause (i), and subject to 

25 subparagraph (B), the individual, durable, 


pbinns on DSKJLVW7X2PROD with BILLS
153 

•S 954 IS

1 voter-verified paper ballots shall be the 

2 true and correct record of the votes cast. 

3 ‘‘(iv) APPLICATION TO ALL BAL4 LOTS.—The requirements of this subpara5 graph shall apply to all ballots cast in elec6 tions for Federal office, including ballots 

7 cast by absent uniformed services voters 

8 and overseas voters under the Uniformed 

9 and Overseas Citizens Absentee Voting Act 

10 and other absentee voters. 

11 ‘‘(B) SPECIAL RULE FOR TREATMENT OF

12 DISPUTES WHEN PAPER BALLOTS HAVE BEEN

13 SHOWN TO BE COMPROMISED.— 

14 ‘‘(i) IN GENERAL.—In the event 

15 that— 

16 ‘‘(I) there is any inconsistency 

17 between any electronic vote tallies and 

18 the vote tallies determined by count19 ing by hand the individual, durable, 

20 voter-verified paper ballots used pur21 suant to subparagraph (A)(i) with re22 spect to any election for Federal of23 fice; and 

24 ‘‘(II) it is demonstrated by clear 

25 and convincing evidence (as deterVerDate Sep 11 2014 05:45 Apr 28, 2021 Jkt 019200 PO 00000 Frm 00153 Fmt 6652 Sfmt 6201 E:\BILLS\S954.IS S954

pbinns on DSKJLVW7X2PROD with BILLS
154 

•S 954 IS

1 mined in accordance with the applica2 ble standards in the jurisdiction in3 volved) in any recount, audit, or con4 test of the result of the election that 

5 the paper ballots have been com6 promised (by damage or mischief or 

7 otherwise) and that a sufficient num8 ber of the ballots have been so com9 promised that the result of the elec10 tion could be changed, 

11 the determination of the appropriate rem12 edy with respect to the election shall be 

13 made in accordance with applicable State 

14 law, except that the electronic tally shall 

15 not be used as the exclusive basis for de16 termining the official certified result. 

17 ‘‘(ii) RULE FOR CONSIDERATION OF

18 BALLOTS ASSOCIATED WITH EACH VOTING

19 MACHINE.—For purposes of clause (i), 

20 only the paper ballots deemed com21 promised, if any, shall be considered in the 

22 calculation of whether or not the result of 

23 the election could be changed due to the 

24 compromised paper ballots.’’. 


pbinns on DSKJLVW7X2PROD with BILLS
155 

•S 954 IS

1 (b) CONFORMING AMENDMENT CLARIFYING APPLI2 CABILITY OF ALTERNATIVE LANGUAGE ACCESSIBILITY.— 

3 Section 301(a)(4) of such Act (52 U.S.C. 21081(a)(4)) 

4 is amended by inserting ‘‘(including the paper ballots re5 quired to be used under paragraph (2))’’ after ‘‘voting sys6 tem’’. 

7 (c) OTHER CONFORMING AMENDMENTS.—Section 

8 301(a)(1) of such Act (52 U.S.C. 21081(a)(1)) is amend9 ed— 

10 (1) in subparagraph (A)(i), by striking ‘‘count11 ed’’ and inserting ‘‘counted, in accordance with 

12 paragraphs (2) and (3)’’; 

13 (2) in subparagraph (A)(ii), by striking ‘‘count14 ed’’ and inserting ‘‘counted, in accordance with 

15 paragraphs (2) and (3)’’; 

16 (3) in subparagraph (A)(iii), by striking ‘‘count17 ed’’ each place it appears and inserting ‘‘counted, in 

18 accordance with paragraphs (2) and (3)’’; and 

19 (4) in subparagraph (B)(ii), by striking ‘‘count20 ed’’ and inserting ‘‘counted, in accordance with 

21 paragraphs (2) and (3)’’. 


pbinns on DSKJLVW7X2PROD with BILLS
156 

•S 954 IS

1 SEC. 603. ACCESSIBILITY AND BALLOT VERIFICATION FOR 

2 INDIVIDUALS WITH DISABILITIES. 

3 (a) IN GENERAL.—Section 301(a)(3)(B) of the Help 

4 America Vote Act of 2002 (52 U.S.C. 21081(a)(3)(B)) is 

5 amended to read as follows: 

6 ‘‘(B)(i) ensure that individuals with dis7 abilities and others are given an equivalent op8 portunity to vote, including with privacy and 

9 independence, in a manner that produces a 

10 voter-verified paper ballot; 

11 ‘‘(ii) satisfy the requirement of subpara12 graph (A) through the use of at least one voting 

13 system equipped for individuals with disabil14 ities, including nonvisual and enhanced visual 

15 accessibility for the blind and visually impaired, 

16 and nonmanual and enhanced manual accessi17 bility for the mobility and dexterity impaired, at 

18 each polling place; and 

19 ‘‘(iii) meet the requirements of subpara20 graph (A) and paragraph (2)(A) by using a sys21 tem that— 

22 ‘‘(I) allows the voter to privately and 

23 independently verify the permanent paper 

24 ballot through the presentation, in acces25 sible form, of the printed or marked vote 

26 selections from the same printed or 


pbinns on DSKJLVW7X2PROD with BILLS
157 

•S 954 IS

1 marked information that would be used for 

2 any vote counting or auditing; and 

3 ‘‘(II) allows the voter to privately and 

4 independently verify and cast the perma5 nent paper ballot without requiring the 

6 voter to manually handle the paper bal7 lot;’’. 

8 (b) SPECIFIC REQUIREMENT OF STUDY, TESTING, 

9 AND DEVELOPMENT OF ACCESSIBLE VOTING OPTIONS.— 

10 (1) STUDY AND REPORTING.—Subtitle C of 

11 title II of such Act (52 U.S.C. 21081 et seq.) is 

12 amended— 

13 (A) by redesignating section 247 as section 

14 248; and 

15 (B) by inserting after section 246 the fol16 lowing new section: 

17 ‘‘SEC. 247. STUDY AND REPORT ON ACCESSIBLE VOTING 

18 OPTIONS. 

19 ‘‘(a) GRANTS TO STUDY AND REPORT.—The Com20 mission, in coordination with the Access Board and the 

21 Cybersecurity and Infrastructure Security Agency, shall 

22 make grants to not fewer than 3 eligible entities to study, 

23 test, and develop accessible and secure remote voting sys24 tems and voting, verification, and casting devices to enVerDate Sep 11 2014 05:45 Apr 28, 2021 Jkt 019200 PO 00000 Frm 00157 Fmt 6652 Sfmt 6201 E:\BILLS\S954.IS S954

pbinns on DSKJLVW7X2PROD with BILLS
158 

•S 954 IS

1 hance the accessibility of voting and verification for indi2 viduals with disabilities. 

3 ‘‘(b) ELIGIBILITY.—An entity is eligible to receive a 

4 grant under this part if it submits to the Commission (at 

5 such time and in such form as the Commission may re6 quire) an application containing— 

7 ‘‘(1) a certification that the entity shall com8 plete the activities carried out with the grant not 

9 later than January 1, 2024; and 

10 ‘‘(2) such other information and certifications 

11 as the Commission may require. 

12 ‘‘(c) AVAILABILITY OF TECHNOLOGY.—Any tech13 nology developed with the grants made under this section 

14 shall be treated as non-proprietary and shall be made 

15 available to the public, including to manufacturers of vot16 ing systems. 

17 ‘‘(d) COORDINATION WITH GRANTS FOR TECH18 NOLOGY IMPROVEMENTS.—The Commission shall carry 

19 out this section so that the activities carried out with the 

20 grants made under subsection (a) are coordinated with the 

21 research conducted under the grant program carried out 

22 by the Commission under section 271, to the extent that 

23 the Commission determine necessary to provide for the ad24 vancement of accessible voting technology. 


pbinns on DSKJLVW7X2PROD with BILLS
159 

•S 954 IS

1 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There 

2 is authorized to be appropriated to carry out subsection 

3 (a) $10,000,000, to remain available until expended.’’. 

4 (2) CLERICAL AMENDMENT.—The table of con5 tents of such Act is amended— 

6 (A) by redesignating the item relating to 

7 section 247 as relating to section 248; and 

8 (B) by inserting after the item relating to 

9 section 246 the following new item: 

‘‘Sec. 247. Study and report on accessible voting options.’’. 

10 (c) CLARIFICATION OF ACCESSIBILITY STANDARDS

11 UNDER VOLUNTARY VOTING SYSTEM GUIDANCE.—In 

12 adopting any voluntary guidance under subtitle B of title 

13 III of the Help America Vote Act with respect to the ac14 cessibility of the paper ballot verification requirements for 

15 individuals with disabilities, the Election Assistance Com16 mission shall include and apply the same accessibility 

17 standards applicable under the voluntary guidance adopt18 ed for accessible voting systems under such subtitle. 

19 (d) PERMITTING USE OF FUNDS FOR PROTECTION

20 AND ADVOCACY SYSTEMS TO SUPPORT ACTIONS TO EN21 FORCE ELECTION-RELATED DISABILITY ACCESS.—Sec22 tion 292(a) of the Help America Vote Act of 2002 (52 

23 U.S.C. 21062(a)) is amended by striking ‘‘; except that’’ 

24 and all that follows and inserting a period. 


pbinns on DSKJLVW7X2PROD with BILLS
160 

•S 954 IS

1 SEC. 604. DURABILITY AND READABILITY REQUIREMENTS 

2 FOR BALLOTS. 

3 Section 301(a) of the Help America Vote Act of 2002 

4 (52 U.S.C. 21081(a)) is amended by adding at the end 

5 the following new paragraph: 

6 ‘‘(7) DURABILITY AND READABILITY REQUIRE7 MENTS FOR BALLOTS.— 

8 ‘‘(A) DURABILITY REQUIREMENTS FOR

9 PAPER BALLOTS.— 

10 ‘‘(i) IN GENERAL.—All voter-verified 

11 paper ballots required to be used under 

12 this Act shall be marked or printed on du13 rable paper. 

14 ‘‘(ii) DEFINITION.—For purposes of 

15 this Act, paper is ‘durable’ if it is capable 

16 of withstanding multiple counts and re17 counts by hand without compromising the 

18 fundamental integrity of the ballots, and 

19 capable of retaining the information 

20 marked or printed on them for the full du21 ration of a retention and preservation pe22 riod of 22 months. 

23 ‘‘(B) READABILITY REQUIREMENTS FOR

24 PAPER BALLOTS MARKED BY BALLOT MARKING

25 DEVICE.—All voter-verified paper ballots com26 pleted by the voter through the use of a ballot 


pbinns on DSKJLVW7X2PROD with BILLS
161 

•S 954 IS

1 marking device shall be clearly readable by the 

2 voter without assistance (other than eyeglasses 

3 or other personal vision enhancing devices) and 

4 by an optical character recognition device or 

5 other device equipped for individuals with dis6 abilities.’’. 

7 SEC. 605. STUDY AND REPORT ON OPTIMAL BALLOT DE8 SIGN. 

9 (a) STUDY.—The Election Assistance Commission 

10 shall conduct a study of the best ways to design ballots 

11 used in elections for public office, including paper ballots 

12 and electronic or digital ballots, to minimize confusion and 

13 user errors. 

14 (b) REPORT.—Not later than January 1, 2022, the 

15 Election Assistance Commission shall submit to Congress 

16 a report on the study conducted under subsection (a). 

17 SEC. 606. PAPER BALLOT PRINTING REQUIREMENTS. 

18 Section 301(a) of the Help America Vote Act of 2002 

19 (52 U.S.C. 21081(a)), as amended by section 604, is fur20 ther amended by adding at the end the following new para21 graph: 

22 ‘‘(8) PRINTING REQUIREMENTS FOR BAL23 LOTS.—All paper ballots used in an election for Fed24 eral office shall be printed in the United States on 

25 paper manufactured in the United States.’’. 


pbinns on DSKJLVW7X2PROD with BILLS
162 

•S 954 IS

1 SEC. 607. EFFECTIVE DATE FOR NEW REQUIREMENTS. 

2 Section 301(d) of the Help America Vote Act of 2002 

3 (52 U.S.C. 21081(d)) is 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, 2006. 

9 ‘‘(2) SPECIAL RULE FOR CERTAIN REQUIRE10 MENTS.— 

11 ‘‘(A) IN GENERAL.—Except as provided in 

12 subparagraphs (B) and (C), the requirements of 

13 this section which are first imposed on a State 

14 and jurisdiction pursuant to the amendments 

15 made by the Voter Confidence and Increased 

16 Accessibility Act of 2021 shall apply with re17 spect to voting systems used for any election for 

18 Federal office held in 2022 or any succeeding 

19 year. 

20 ‘‘(B) DELAY FOR JURISDICTIONS USING

21 CERTAIN PAPER RECORD PRINTERS OR CERTAIN

22 SYSTEMS USING OR PRODUCING VOTER23 VERIFIABLE PAPER RECORDS IN 2020.— 

24 ‘‘(i) DELAY.—In the case of a juris25 diction described in clause (ii), subpara26 graph (A) shall apply to a voting system in 


pbinns on DSKJLVW7X2PROD with BILLS
163 

•S 954 IS

1 the jurisdiction as if the reference in such 

2 subparagraph to ‘2022’ were a reference to 

3 ‘2024’, but only with respect to the fol4 lowing requirements of this section: 

5 ‘‘(I) Paragraph (2)(A)(i)(I) of 

6 subsection (a) (relating to the use of 

7 voter-verified paper ballots). 

8 ‘‘(II) Paragraph (3)(B)(iii)(I) 

9 and (II) of subsection (a) (relating to 

10 access to verification from and casting 

11 of the durable paper ballot). 

12 ‘‘(III) Paragraph (7) of sub13 section (a) (relating to durability and 

14 readability requirements for ballots). 

15 ‘‘(ii) JURISDICTIONS DESCRIBED.—A 

16 jurisdiction described in this clause is a ju17 risdiction— 

18 ‘‘(I) which used voter verifiable 

19 paper record printers attached to di20 rect recording electronic voting ma21 chines, or which used other voting 

22 systems that used or produced paper 

23 records of the vote verifiable by voters 

24 but that are not in compliance with 

25 paragraphs (2)(A)(i)(I), (3)(B)(iii)(i) 


pbinns on DSKJLVW7X2PROD with BILLS
164 

•S 954 IS

1 and (II), and (7) of subsection (a) (as 

2 amended or added by the Voter Con3 fidence and Increased Accessibility 

4 Act of 2021), for the administration 

5 of the regularly scheduled general 

6 election for Federal office held in No7 vember 2020; and 

8 ‘‘(II) which will continue to use 

9 such printers or systems for the ad10 ministration of elections for Federal 

11 office held in years before 2024. 

12 ‘‘(iii) MANDATORY AVAILABILITY OF

13 PAPER BALLOTS AT POLLING PLACES

14 USING GRANDFATHERED PRINTERS AND

15 SYSTEMS.— 

16 ‘‘(I) REQUIRING BALLOTS TO BE

17 OFFERED AND PROVIDED.—The ap18 propriate election official at each poll19 ing place that uses a printer or sys20 tem described in clause (ii)(I) for the 

21 administration of elections for Federal 

22 office shall offer each individual who 

23 is eligible to cast a vote in the election 

24 at the polling place the opportunity to 

25 cast the vote using a blank pre-printVerDate Sep 11 2014 05:45 Apr 28, 2021 Jkt 019200 PO 00000 Frm 00164 Fmt 6652 Sfmt 6201 E:\BILLS\S954.IS S954

pbinns on DSKJLVW7X2PROD with BILLS
165 

•S 954 IS

1 ed paper ballot which the individual 

2 may mark by hand and which is not 

3 produced by the direct recording elec4 tronic voting machine or other such 

5 system. The official shall provide the 

6 individual with the ballot and the sup7 plies necessary to mark the ballot, and 

8 shall ensure (to the greatest extent 

9 practicable) that the waiting period 

10 for the individual to cast a vote is the 

11 lesser of 30 minutes or the average 

12 waiting period for an individual who 

13 does not agree to cast the vote using 

14 such a paper ballot under this clause. 

15 ‘‘(II) TREATMENT OF BALLOT.— 

16 Any paper ballot which is cast by an 

17 individual under this clause shall be 

18 counted and otherwise treated as a 

19 regular ballot for all purposes (includ20 ing by incorporating it into the final 

21 unofficial vote count (as defined by 

22 the State) for the precinct) and not as 

23 a provisional ballot, unless the indi24 vidual casting the ballot would have 


pbinns on DSKJLVW7X2PROD with BILLS
166 

•S 954 IS

1 otherwise been required to cast a pro2 visional ballot. 

3 ‘‘(III) POSTING OF NOTICE.— 

4 The appropriate election official shall 

5 ensure there is prominently displayed 

6 at each polling place a notice that de7 scribes the obligation of the official to 

8 offer individuals the opportunity to 

9 cast votes using a pre-printed blank 

10 paper ballot. 

11 ‘‘(IV) TRAINING OF ELECTION

12 OFFICIALS.—The chief State election 

13 official shall ensure that election offi14 cials at polling places in the State are 

15 aware of the requirements of this 

16 clause, including the requirement to 

17 display a notice under subclause (III), 

18 and are aware that it is a violation of 

19 the requirements of this title for an 

20 election official to fail to offer an indi21 vidual the opportunity to cast a vote 

22 using a blank pre-printed paper ballot. 

23 ‘‘(V) PERIOD OF APPLICA24 BILITY.—The requirements of this 

25 clause apply only during the period in 


pbinns on DSKJLVW7X2PROD with BILLS
167 

•S 954 IS

1 which the delay is in effect under 

2 clause (i). 

3 ‘‘(C) SPECIAL RULE FOR JURISDICTIONS

4 USING CERTAIN NONTABULATING BALLOT

5 MARKING DEVICES.—In the case of a jurisdic6 tion which uses a nontabulating ballot marking 

7 device which automatically deposits the ballot 

8 into a privacy sleeve, subparagraph (A) shall 

9 apply to a voting system in the jurisdiction as 

10 if the reference in such subparagraph to ‘any 

11 election for Federal office held in 2022 or any 

12 succeeding year’ were a reference to ‘elections 

13 for Federal office occurring held in 2024 or 

14 each succeeding year’, but only with respect to 

15 paragraph (3)(B)(iii)(II) of subsection (a) (re16 lating to nonmanual casting of the durable 

17 paper ballot).’’. 

18 TITLE VII—PROVISIONAL 

19 BALLOTS 

20 SEC. 701. REQUIREMENTS FOR COUNTING PROVISIONAL 

21 BALLOTS; ESTABLISHMENT OF UNIFORM AND 

22 NONDISCRIMINATORY STANDARDS. 

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

24 Vote Act of 2002 (52 U.S.C. 21082) is amended— 


pbinns on DSKJLVW7X2PROD with BILLS
168 

•S 954 IS

1 (1) by redesignating subsection (d) as sub2 section (f); and 

3 (2) by inserting after subsection (c) the fol4 lowing new subsections: 

5 ‘‘(d) STATEWIDE COUNTING OF PROVISIONAL BAL6 LOTS.— 

7 ‘‘(1) IN GENERAL.—For purposes of subsection 

8 (a)(4), notwithstanding the precinct or polling place 

9 at which a provisional ballot is cast within the State, 

10 the appropriate election official of the jurisdiction in 

11 which the individual is registered shall count each 

12 vote on such ballot for each election in which the in13 dividual who cast such ballot is eligible to vote. 

14 ‘‘(2) EFFECTIVE DATE.—This subsection shall 

15 apply with respect to elections held on or after Janu16 ary 1, 2022. 

17 ‘‘(e) UNIFORM AND NONDISCRIMINATORY STAND18 ARDS.— 

19 ‘‘(1) IN GENERAL.—Consistent with the re20 quirements of this section, each State shall establish 

21 uniform and nondiscriminatory standards for the 

22 issuance, handling, and counting of provisional bal23 lots. 


pbinns on DSKJLVW7X2PROD with BILLS
169 

•S 954 IS

1 ‘‘(2) EFFECTIVE DATE.—This subsection shall 

2 apply with respect to elections held on or after Janu3 ary 1, 2022.’’. 

4 (b) CONFORMING AMENDMENT.—Section 302(f) of 

5 such Act (52 U.S.C. 21082(f)), as redesignated by sub6 section (a), is amended by striking ‘‘Each State’’ and in7 serting ‘‘Except as provided in subsections (d)(2) and 

8 (e)(2), each State’’. 

9 TITLE VIII—EARLY VOTING 

10 SEC. 801. EARLY VOTING. 

11 (a) REQUIREMENTS.—Subtitle A of title III of the 

12 Help America Vote Act of 2002 (52 U.S.C. 21081 et seq.), 

13 as amended by section 131(a), section 201(a), section 

14 202(a), section 203(a)(1), and section 204(a), is amend15 ed— 

16 (1) by redesignating sections 309 and 310 as 

17 sections 310 and 311, respectively; and 

18 (2) by inserting after section 308 the following 

19 new section: 

20 ‘‘SEC. 309. EARLY VOTING. 

21 ‘‘(a) REQUIRING VOTING PRIOR TO DATE OF ELEC22 TION.— 

23 ‘‘(1) IN GENERAL.—Each State shall allow indi24 viduals to vote in an election for Federal office dur25 ing an early voting period which occurs prior to the 


pbinns on DSKJLVW7X2PROD with BILLS
170 

•S 954 IS

1 date of the election, in the same manner as voting 

2 is allowed on such date. 

3 ‘‘(2) LENGTH OF PERIOD.—The early voting 

4 period required under this subsection with respect to 

5 an election shall consist of a period of consecutive 

6 days (including weekends) which begins on the 15th 

7 day before the date of the election (or, at the option 

8 of the State, on a day prior to the 15th day before 

9 the date of the election) and ends on the date of the 

10 election. 

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

12 Each polling place which allows voting during an early vot13 ing period under subsection (a) shall— 

14 ‘‘(1) allow such voting for no less than 10 hours 

15 on each day; 

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

17 such voting occurs; and 

18 ‘‘(3) allow such voting to be held for some pe19 riod of time prior to 9:00 a.m (local time) and some 

20 period of time after 5:00 p.m. (local time). 

21 ‘‘(c) LOCATION OF POLLING PLACES.— 

22 ‘‘(1) PROXIMITY TO PUBLIC TRANSPOR23 TATION.—To the greatest extent practicable, a State 

24 shall ensure that each polling place which allows vot25 ing during an early voting period under subsection 


pbinns on DSKJLVW7X2PROD with BILLS
171 

•S 954 IS

1 (a) is located within walking distance of a stop on 

2 a public transportation route. 

3 ‘‘(2) AVAILABILITY IN RURAL AREAS.—The 

4 State shall ensure that polling places which allow 

5 voting during an early voting period under sub6 section (a) will be located in rural areas of the State, 

7 and shall ensure that such polling places are located 

8 in communities which will provide the greatest op9 portunity for residents of rural areas to vote during 

10 the early voting period. 

11 ‘‘(d) STANDARDS.— 

12 ‘‘(1) IN GENERAL.—The Commission shall issue 

13 standards for the administration of voting prior to 

14 the day scheduled for a Federal election. Such 

15 standards shall include the nondiscriminatory geo16 graphic placement of polling places at which such 

17 voting occurs. 

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

19 paragraph (1) shall permit States, upon providing 

20 adequate public notice, to deviate from any require21 ment in the case of unforeseen circumstances such 

22 as a natural disaster, terrorist attack, or a change 

23 in voter turnout. 

24 ‘‘(e) BALLOT PROCESSING AND SCANNING REQUIRE25 MENTS.— 


pbinns on DSKJLVW7X2PROD with BILLS
172 

•S 954 IS

1 ‘‘(1) IN GENERAL.—The State shall begin proc2 essing and scanning ballots cast during in-person 

3 early voting for tabulation at least 14 days prior to 

4 the date of the election involved. 

5 ‘‘(2) LIMITATION.—Nothing in this subsection 

6 shall be construed to permit a State to tabulate bal7 lots in an election before the closing of the polls on 

8 the date of the election. 

9 ‘‘(f) EFFECTIVE DATE.—This section shall apply 

10 with respect to the regularly scheduled general election for 

11 Federal office held in November 2022 and each succeeding 

12 election for Federal office.’’. 

13 (b) CONFORMING AMENDMENTS RELATING TO

14 ISSUANCE OF VOLUNTARY GUIDANCE BY ELECTION AS15 SISTANCE COMMISSION.—Section 321(b) of such Act (52 

16 U.S.C. 21101(b)), as redesignated and amended by sec17 tion 201(b), is amended— 

18 (1) by striking ‘‘and’’ at the end of paragraph 

19 (3); 

20 (2) by striking the period at the end of para21 graph (4) and inserting ‘‘; and’’; and 

22 (3) by adding at the end the following new 

23 paragraph: 

24 ‘‘(5) except as provided in paragraph (4), in the 

25 case of the recommendations with respect to any secVerDate Sep 11 2014 05:45 Apr 28, 2021 Jkt 019200 PO 00000 Frm 00172 Fmt 6652 Sfmt 6201 E:\BILLS\S954.IS S954

pbinns on DSKJLVW7X2PROD with BILLS
173 

•S 954 IS

1 tion added by the Voter Empowerment Act of 2021, 

2 June 30, 2022.’’. 

3 (c) CLERICAL AMENDMENTS.—The table of contents 

4 of such Act, as amended by section 131(c), section 201(d), 

5 section 202(c), section 203(a)(3), and section 204(c), is 

6 amended— 

7 (1) by redesignating the items relating to sec8 tions 309 and 310 as relating to sections 310 and 

9 311, respectively; and 

10 (2) by inserting after the item relating to sec11 tion 308 the following new item: 

‘‘Sec. 309. Early voting.’’. 

12 TITLE IX—VOTING BY MAIL 

13 SEC. 901. VOTING BY MAIL. 

14 (a) REQUIREMENTS.—Subtitle A of title III of the 

15 Help America Vote Act of 2002 (52 U.S.C. 21081 et seq.), 

16 as amended by section 131(a), section 201(a), section 

17 202(a), section 203(a)(1), section 204(a), and section 

18 801(a), is amended— 

19 (1) by redesignating sections 310 and 311 as 

20 sections 311 and 312, respectively; and 

21 (2) by inserting after section 309 the following 

22 new section: 


pbinns on DSKJLVW7X2PROD with BILLS
174 

•S 954 IS

1 ‘‘SEC. 310. PROMOTING ABILITY OF VOTERS TO VOTE BY 

2 MAIL. 

3 ‘‘(a) UNIFORM AVAILABILITY OF ABSENTEE VOTING

4 TO ALL VOTERS.— 

5 ‘‘(1) IN GENERAL.—If an individual in a State 

6 is eligible to cast a vote in an election for Federal 

7 office, the State may not impose any additional con8 ditions or requirements on the eligibility of the indi9 vidual to cast the vote in such election by absentee 

10 ballot by mail. 

11 ‘‘(2) ADMINISTRATION OF VOTING BY MAIL.— 

12 ‘‘(A) PROHIBITING IDENTIFICATION RE13 QUIREMENT AS CONDITION OF OBTAINING BAL14 LOT.—A State may not require an individual to 

15 provide any form of identification as a condition 

16 of obtaining an absentee ballot, except that 

17 nothing in this paragraph may be construed to 

18 prevent a State from requiring a signature of 

19 the individual or similar affirmation as a condi20 tion of obtaining an absentee ballot. 

21 ‘‘(B) PROHIBITING REQUIREMENT TO PRO22 VIDE NOTARIZATION OR WITNESS SIGNATURE

23 AS CONDITION OF OBTAINING OR CASTING BAL24 LOT.—A State may not require notarization or 

25 witness signature or other formal authenticaVerDate Sep 11 2014 05:45 Apr 28, 2021 Jkt 019200 PO 00000 Frm 00174 Fmt 6652 Sfmt 6201 E:\BILLS\S954.IS S954

pbinns on DSKJLVW7X2PROD with BILLS
175 

•S 954 IS

1 tion (other than voter attestation) as a condi2 tion of obtaining or casting an absentee ballot. 

3 ‘‘(C) DEADLINE FOR RETURNING BAL4 LOT.—A State may impose a reasonable dead5 line for requesting the absentee ballot and re6 lated voting materials from the appropriate 

7 State or local election official and for returning 

8 the ballot to the appropriate State or local elec9 tion official. 

10 ‘‘(3) NO EFFECT ON IDENTIFICATION REQUIRE11 MENTS FOR FIRST-TIME VOTERS REGISTERING BY

12 MAIL.—Nothing in this subsection may be construed 

13 to exempt any individual described in paragraph (1) 

14 of section 303(b) from meeting the requirements of 

15 paragraph (2) of such section. 

16 ‘‘(b) DUE PROCESS REQUIREMENTS FOR STATES

17 REQUIRING SIGNATURE VERIFICATION.— 

18 ‘‘(1) REQUIREMENT.— 

19 ‘‘(A) IN GENERAL.—A State may not im20 pose a signature verification requirement as a 

21 condition of accepting and counting an absentee 

22 ballot submitted by any individual with respect 

23 to an election for Federal office unless the 

24 State meets the due process requirements de25 scribed in paragraph (2). 


pbinns on DSKJLVW7X2PROD with BILLS
176 

•S 954 IS

1 ‘‘(B) SIGNATURE VERIFICATION REQUIRE2 MENT DESCRIBED.—In this subsection, a ‘sig3 nature verification requirement’ is a require4 ment that an election official verify the identi5 fication of an individual by comparing the indi6 vidual’s signature on the absentee ballot with 

7 the individual’s signature on the official list of 

8 registered voters in the State or another official 

9 record or other document used by the State to 

10 verify the signatures of voters. 

11 ‘‘(2) DUE PROCESS REQUIREMENTS.— 

12 ‘‘(A) NOTICE AND OPPORTUNITY TO CURE

13 DISCREPANCY IN SIGNATURES.—If an indi14 vidual submits an absentee ballot and the ap15 propriate State or local election official deter16 mines that a discrepancy exists between the sig17 nature on such ballot and the signature of such 

18 individual on the official list of registered voters 

19 in the State or other official record or document 

20 used by the State to verify the signatures of 

21 voters, such election official, prior to making a 

22 final determination as to the validity of such 

23 ballot, shall— 

24 ‘‘(i) make a good faith effort to imme25 diately notify the individual by mail, teleVerDate Sep 11 2014 05:45 Apr 28, 2021 Jkt 019200 PO 00000 Frm 00176 Fmt 6652 Sfmt 6201 E:\BILLS\S954.IS S954

pbinns on DSKJLVW7X2PROD with BILLS
177 

•S 954 IS

1 phone, and (if available) text message and 

2 electronic mail that— 

3 ‘‘(I) a discrepancy exists between 

4 the signature on such ballot and the 

5 signature of the individual on the offi6 cial list of registered voters in the 

7 State or other official record or docu8 ment used by the State to verify the 

9 signatures of voters; and 

10 ‘‘(II) if such discrepancy is not 

11 cured prior to the expiration of the 

12 10-day period which begins on the 

13 date the official notifies the individual 

14 of the discrepancy, such ballot will not 

15 be counted; and 

16 ‘‘(ii) cure such discrepancy and count 

17 the ballot if, prior to the expiration of the 

18 10-day period described in clause (i)(II), 

19 the individual provides the official with in20 formation to cure such discrepancy, either 

21 in person, by telephone, or by electronic 

22 methods. 

23 ‘‘(B) NOTICE AND OPPORTUNITY TO CURE

24 MISSING SIGNATURE OR OTHER DEFECT.—If an 

25 individual submits an absentee ballot without a 


pbinns on DSKJLVW7X2PROD with BILLS
178 

•S 954 IS

1 signature or submits an absentee ballot with 

2 another defect which, if left uncured, would 

3 cause the ballot to not be counted, the appro4 priate State or local election official, prior to 

5 making a final determination as to the validity 

6 of the ballot, shall— 

7 ‘‘(i) make a good faith effort to imme8 diately notify the individual by mail, tele9 phone, and (if available) text message and 

10 electronic mail that— 

11 ‘‘(I) the ballot did not include a 

12 signature or has some other defect; 

13 and 

14 ‘‘(II) if the individual does not 

15 provide the missing signature or cure 

16 the other defect prior to the expira17 tion of the 10-day period which begins 

18 on the date the official notifies the in19 dividual that the ballot did not include 

20 a signature or has some other defect, 

21 such ballot will not be counted; and 

22 ‘‘(ii) count the ballot if, prior to the 

23 expiration of the 10-day period described 

24 in clause (i)(II), the individual provides the 

25 official with the missing signature on a 


pbinns on DSKJLVW7X2PROD with BILLS
179 

•S 954 IS

1 form proscribed by the State or cures the 

2 other defect. 

3 This subparagraph does not apply with respect 

4 to a defect consisting of the failure of a ballot 

5 to meet the applicable deadline for the accept6 ance of the ballot, as described in subsection 

7 (e). 

8 ‘‘(C) OTHER REQUIREMENTS.—An election 

9 official may not make a determination that a 

10 discrepancy exists between the signature on an 

11 absentee ballot and the signature of the indi12 vidual who submits the ballot on the official list 

13 of registered voters in the State or other official 

14 record or other document used by the State to 

15 verify the signatures of voters unless— 

16 ‘‘(i) at least 2 election officials make 

17 the determination; 

18 ‘‘(ii) each official who makes the de19 termination has received training in proce20 dures used to verify signatures; and 

21 ‘‘(iii) of the officials who make the de22 termination, at least one is affiliated with 

23 the political party whose candidate received 

24 the most votes in the most recent statewide 

25 election for Federal office held in the State 


pbinns on DSKJLVW7X2PROD with BILLS
180 

•S 954 IS

1 and at least one is affiliated with the polit2 ical party whose candidate received the 

3 second most votes in the most recent state4 wide election for Federal office held in the 

5 State. 

6 ‘‘(3) REPORT.— 

7 ‘‘(A) IN GENERAL.—Not later than 120 

8 days after the end of a Federal election cycle, 

9 each chief State election official shall submit to 

10 the Commission a report containing the fol11 lowing information for the applicable Federal 

12 election cycle in the State: 

13 ‘‘(i) The number of ballots invalidated 

14 due to a discrepancy under this subsection. 

15 ‘‘(ii) Description of attempts to con16 tact voters to provide notice as required by 

17 this subsection. 

18 ‘‘(iii) Description of the cure process 

19 developed by such State pursuant to this 

20 subsection, including the number of ballots 

21 determined valid as a result of such proc22 ess. 

23 ‘‘(B) SUBMISSION TO CONGRESS.—Not 

24 later than 10 days after receiving a report 


pbinns on DSKJLVW7X2PROD with BILLS
181 

•S 954 IS

1 under subparagraph (A), the Commission shall 

2 transmit such report to Congress. 

3 ‘‘(C) FEDERAL ELECTION CYCLE DE4 FINED.—For purposes of this subsection, the 

5 term ‘Federal election cycle’ means the period 

6 beginning on January 1 of any odd numbered 

7 year and ending on December 31 of the fol8 lowing year. 

9 ‘‘(4) RULE OF CONSTRUCTION.—Nothing in 

10 this subsection shall be construed— 

11 ‘‘(A) to prohibit a State from rejecting a 

12 ballot attempted to be cast in an election for 

13 Federal office by an individual who is not eligi14 ble to vote in the election; or 

15 ‘‘(B) to prohibit a State from providing an 

16 individual with more time and more methods 

17 for curing a discrepancy in the individual’s sig18 nature, providing a missing signature, or curing 

19 any other defect than the State is required to 

20 provide under this subsection. 

21 ‘‘(c) ONLINE APPLICATIONS FOR ABSENTEE BAL22 LOTS.— 

23 ‘‘(1) IN GENERAL.—In addition to such other 

24 methods as the State may establish for an individual 

25 to apply for an absentee ballot, the State shall perVerDate Sep 11 2014 05:45 Apr 28, 2021 Jkt 019200 PO 00000 Frm 00181 Fmt 6652 Sfmt 6201 E:\BILLS\S954.IS S954

pbinns on DSKJLVW7X2PROD with BILLS
182 

•S 954 IS

1 mit an individual to submit an application for an ab2 sentee ballot online. 

3 ‘‘(2) TREATMENT OF WEBSITES.—The State 

4 shall be considered to meet the requirements of 

5 paragraph (1) if the website of the appropriate State 

6 or local election official allows an application for an 

7 absentee ballot to be completed and submitted online 

8 and if the website permits the individual— 

9 ‘‘(A) to print the application so that the 

10 individual may complete the application and re11 turn it to the official; or 

12 ‘‘(B) to request that a paper copy of the 

13 application be transmitted to the individual by 

14 mail or electronic mail so that the individual 

15 may complete the application and return it to 

16 the official. 

17 ‘‘(3) ENSURING DELIVERY PRIOR TO ELEC18 TION.—If an individual who is eligible to vote in an 

19 election for Federal office submits an application for 

20 an absentee ballot in the election, the appropriate 

21 State or local election official shall ensure that the 

22 ballot and relating voting materials are received by 

23 the individual prior to the date of the election so 

24 long as the individual’s application is received by the 

25 official not later than 5 days (excluding Saturdays, 


pbinns on DSKJLVW7X2PROD with BILLS
183 

•S 954 IS

1 Sundays, and legal public holidays) before the date 

2 of the election, except that nothing in this paragraph 

3 shall preclude a State or local jurisdiction from al4 lowing for the acceptance and processing of absentee 

5 ballot applications submitted or received after such 

6 required period. 

7 ‘‘(4) APPLICATION FOR ALL FUTURE ELEC8 TIONS.—At the option of an individual, a State shall 

9 treat the individual’s application to vote by absentee 

10 ballot by mail in an election for Federal office as an 

11 application for an absentee ballot by mail in all sub12 sequent Federal elections held in the State. 

13 ‘‘(d) ACCESSIBILITY FOR INDIVIDUALS WITH DIS14 ABILITIES.—The State shall ensure that all absentee bal15 lot applications, absentee ballots, and related voting mate16 rials in elections for Federal office are accessible to indi17 viduals with disabilities in a manner that provides the 

18 same opportunity for access and participation (including 

19 with privacy and independence) as for other voters. 

20 ‘‘(e) UNIFORM DEADLINE FOR ACCEPTANCE OF

21 MAILED BALLOTS.— 

22 ‘‘(1) IN GENERAL.—A State may not refuse to 

23 accept or process a ballot submitted by an individual 

24 by mail with respect to an election for Federal office 

25 in the State on the grounds that the individual did 


pbinns on DSKJLVW7X2PROD with BILLS
184 

•S 954 IS

1 not meet a deadline for returning the ballot to the 

2 appropriate State or local election official if— 

3 ‘‘(A) the ballot is postmarked or otherwise 

4 indicated by the United States Postal Service to 

5 have been mailed on or before the date of the 

6 election, or has been signed by the voter on or 

7 before the date of the election; and 

8 ‘‘(B) the ballot is received by the appro9 priate election official prior to the expiration of 

10 the 10-day period which begins on the date of 

11 the election. 

12 ‘‘(2) RULE OF CONSTRUCTION.—Nothing in 

13 this subsection shall be construed to prohibit a State 

14 from having a law that allows for counting of ballots 

15 in an election for Federal office that are received 

16 through the mail after the date that is 10 days after 

17 the date of the election. 

18 ‘‘(f) ALTERNATIVE METHODS OF RETURNING BAL19 LOTS.— 

20 ‘‘(1) IN GENERAL.—In addition to permitting 

21 an individual to whom a ballot in an election was 

22 provided under this section to return the ballot to an 

23 election official by mail, the State shall permit the 

24 individual to cast the ballot by delivering the ballot 


pbinns on DSKJLVW7X2PROD with BILLS
185 

•S 954 IS

1 at such times and to such locations as the State may 

2 establish, including— 

3 ‘‘(A) permitting the individual to deliver 

4 the ballot to a polling place on any date on 

5 which voting in the election is held at the poll6 ing place; and 

7 ‘‘(B) permitting the individual to deliver 

8 the ballot to a designated ballot drop-off loca9 tion, a tribally-designated building, or the office 

10 of a State or local election official. 

11 ‘‘(2) PERMITTING VOTERS TO DESIGNATE

12 OTHER PERSON TO RETURN BALLOT.—The State— 

13 ‘‘(A) shall permit a voter to designate any 

14 person to return a voted and sealed absentee 

15 ballot to the post office, a ballot drop-off loca16 tion, tribally designated building, or election of17 fice so long as the person designated to return 

18 the ballot does not receive any form of com19 pensation based on the number of ballots that 

20 the person has returned and no individual, 

21 group, or organization provides compensation 

22 on this basis; and 

23 ‘‘(B) may not put any limit on how many 

24 voted and sealed absentee ballots any des25 ignated person can return to the post office, a 


pbinns on DSKJLVW7X2PROD with BILLS
186 

•S 954 IS

1 ballot drop off location, tribally designated 

2 building, or election office. 

3 ‘‘(g) BALLOT PROCESSING AND SCANNING REQUIRE4 MENTS.— 

5 ‘‘(1) IN GENERAL.—The State shall begin proc6 essing and scanning ballots cast by mail for tabula7 tion at least 14 days prior to the date of the election 

8 involved. 

9 ‘‘(2) LIMITATION.—Nothing in this subsection 

10 shall be construed to permit a State to tabulate bal11 lots in an election before the closing of the polls on 

12 the date of the election. 

13 ‘‘(h) RULE OF CONSTRUCTION.—Nothing in this sec14 tion shall be construed to affect the authority of States 

15 to conduct elections for Federal office through the use of 

16 polling places at which individuals cast ballots. 

17 ‘‘(i) NO EFFECT ON BALLOTS SUBMITTED BY AB18 SENT MILITARY AND OVERSEAS VOTERS.—Nothing in 

19 this section may be construed to affect the treatment of 

20 any ballot submitted by an individual who is entitled to 

21 vote by absentee ballot under the Uniformed and Overseas 

22 Citizens Absentee Voting Act (52 U.S.C. 20301 et seq.). 

23 ‘‘(j) EFFECTIVE DATE.—This section shall apply 

24 with respect to the regularly scheduled general election for 


pbinns on DSKJLVW7X2PROD with BILLS
187 

•S 954 IS

1 Federal office held in November 2022 and each succeeding 

2 election for Federal office.’’. 

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

4 of such Act, as amended by section 131(c), section 201(d), 

5 section 202(c), section 203(a)(3), section 204(c), and sec6 tion 801(c), is amended— 

7 (1) by redesignating the items relating to sec8 tions 310 and 311 as relating to sections 311 and 

9 312, respectively; and 

10 (2) by inserting after the item relating to sec11 tion 309 the following new item: 

‘‘Sec. 310. Promoting ability of voters to vote by mail.’’. 

12 (c) DEVELOPMENT OF ALTERNATIVE VERIFICATION

13 METHODS.— 

14 (1) DEVELOPMENT OF STANDARDS.—The Na15 tional Institute of Standards, in consultation with 

16 the Election Assistance Commission, shall develop 

17 standards for the use of alternative methods which 

18 could be used in place of signature verification re19 quirements for purposes of verifying the identifica20 tion of an individual voting by absentee ballot in 

21 elections for Federal office. 

22 (2) PUBLIC NOTICE AND COMMENT.—The Na23 tional Institute of Standards shall solicit comments 

24 from the public in the development of standards 

25 under paragraph (1). 


pbinns on DSKJLVW7X2PROD with BILLS
188 

•S 954 IS

1 (3) DEADLINE.—Not later than 6 months after 

2 the date of the enactment of this Act, the National 

3 Institute of Standards shall publish the standards 

4 developed under paragraph (1). 

5 SEC. 902. ABSENTEE BALLOT TRACKING PROGRAM. 

6 (a) REQUIREMENTS.—Subtitle A of title III of the 

7 Help America Vote Act of 2002 (52 U.S.C. 21081 et seq.), 

8 as amended by section 131(a), section 201(a), section 

9 202(a), section 203(a)(1), section 204(a), section 801(a), 

10 and section 901(a), is amended— 

11 (1) by redesignating sections 311 and 312 as 

12 sections 312 and 313, respectively; and 

13 (2) by inserting after section 310 the following 

14 new section: 

15 ‘‘SEC. 311. ABSENTEE BALLOT TRACKING PROGRAM. 

16 ‘‘(a) REQUIREMENT.—Each State shall carry out a 

17 program to track and confirm the receipt of absentee bal18 lots in an election for Federal office under which the State 

19 or local election official responsible for the receipt of voted 

20 absentee ballots in the election carries out procedures to 

21 track and confirm the receipt of such ballots, and makes 

22 information on the receipt of such ballots available to the 

23 individual who cast the ballot, by means of online access 

24 using the Internet site of the official’s office. 


pbinns on DSKJLVW7X2PROD with BILLS
189 

•S 954 IS

1 ‘‘(b) INFORMATION ON WHETHER VOTE WAS AC2 CEPTED.—The information referred to under subsection 

3 (a) with respect to the receipt of an absentee ballot shall 

4 include information regarding whether the vote cast on the 

5 ballot was accepted, and, in the case of a vote which was 

6 rejected, the reasons therefor. 

7 ‘‘(c) USE OF TOLL-FREE TELEPHONE NUMBER BY

8 OFFICIALS WITHOUT INTERNET SITE.—A program estab9 lished by a State or local election official whose office does 

10 not have an Internet site may meet the requirements of 

11 subsection (a) if the official has established a toll-free tele12 phone number that may be used by an individual who cast 

13 an absentee ballot to obtain the information on the receipt 

14 of the voted absentee ballot as provided under such sub15 section. 

16 ‘‘(d) EFFECTIVE DATE.—This section shall apply 

17 with respect to the regularly scheduled general election for 

18 Federal office held in November 2022 and each succeeding 

19 election for Federal office.’’. 

20 (b) REIMBURSEMENT FOR COSTS INCURRED BY

21 STATES IN ESTABLISHING PROGRAM.—Subtitle D of title 

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

23 15401 et seq.) is amended by adding at the end the fol24 lowing new part: 


pbinns on DSKJLVW7X2PROD with BILLS
190 

•S 954 IS

1 ‘‘PART 7—PAYMENTS TO REIMBURSE STATES 

2 FOR COSTS INCURRED IN ESTABLISHING 

3 PROGRAM TO TRACK AND CONFIRM RE4 CEIPT OF ABSENTEE BALLOTS 

5 ‘‘SEC. 297. PAYMENTS TO STATES. 

6 ‘‘(a) PAYMENTS FOR COSTS OF PROGRAM.—In ac7 cordance with this section, the Commission shall make a 

8 payment to a State to reimburse the State for the costs 

9 incurred in establishing the absentee ballot tracking pro10 gram under section 311 (including costs incurred prior to 

11 the date of the enactment of this part). 

12 ‘‘(b) CERTIFICATION OF COMPLIANCE AND COSTS.— 

13 ‘‘(1) CERTIFICATION REQUIRED.—In order to 

14 receive a payment under this section, a State shall 

15 submit to the Commission a statement containing— 

16 ‘‘(A) a certification that the State has es17 tablished an absentee ballot tracking program 

18 with respect to elections for Federal office held 

19 in the State; and 

20 ‘‘(B) a statement of the costs incurred by 

21 the State in establishing the program. 

22 ‘‘(2) AMOUNT OF PAYMENT.—The amount of a 

23 payment made to a State under this section shall be 

24 equal to the costs incurred by the State in estab25 lishing the absentee ballot tracking program, as set 

26 forth in the statement submitted under paragraph 


pbinns on DSKJLVW7X2PROD with BILLS
191 

•S 954 IS

1 (1), except that such amount may not exceed the 

2 product of— 

3 ‘‘(A) the number of jurisdictions in the 

4 State which are responsible for operating the 

5 program; and 

6 ‘‘(B) $3,000. 

7 ‘‘(3) LIMIT ON NUMBER OF PAYMENTS RE8 CEIVED.—A State may not receive more than one 

9 payment under this part. 

10 ‘‘SEC. 297A. AUTHORIZATION OF APPROPRIATIONS. 

11 ‘‘(a) AUTHORIZATION.—There are authorized to be 

12 appropriated to the Commission for fiscal year 2022 and 

13 each succeeding fiscal year such sums as may be necessary 

14 for payments under this part. 

15 ‘‘(b) CONTINUING AVAILABILITY OF FUNDS.—Any 

16 amounts appropriated pursuant to the authorization under 

17 this section shall remain available until expended.’’. 

18 (c) CLERICAL AMENDMENTS.—The table of contents 

19 of such Act, as amended by section 131(c), section 201(d), 

20 section 202(c), section 203(a)(3), section 204(c), section 

21 801(c), and section 901(b), is amended— 


pbinns on DSKJLVW7X2PROD with BILLS
192 

•S 954 IS

1 (1) by adding at the end of the items relating 

2 to subtitle D of title II the following: 

‘‘PART 7—PAYMENTS TO REIMBURSE STATES FOR COSTS INCURRED IN ESTABLISHING PROGRAM TO TRACK AND CONFIRM RECEIPT OF ABSENTEE

BALLOTS

‘‘Sec. 297. Payments to States. 

‘‘Sec. 297A. Authorization of appropriations.’’; 

3 (2) by redesignating the items relating to sec4 tions 311 and 312 as relating to sections 312 and 

5 313, respectively; and 

6 (3) by inserting after the item relating to sec7 tion 310 the following new item: 

‘‘Sec. 311. Absentee ballot tracking program.’’. 

8 SEC. 903. ELECTION MAIL AND DELIVERY IMPROVEMENTS. 

9 (a) POSTMARK REQUIRED FOR BALLOTS.— 

10 (1) IN GENERAL.—Chapter 34 of title 39, 

11 United States Code, is amended by adding at the 

12 end the following: 

13 ‘‘§ 3407. Postmark required for ballots 

14 ‘‘(a) IN GENERAL.—In the case of any absentee bal15 lot carried by the Postal Service, the Postal Service shall 

16 indicate on the ballot envelope, using a postmark or other17 wise— 

18 ‘‘(1) the fact that the ballot was carried by the 

19 Postal Service; and 

20 ‘‘(2) the date on which the ballot was mailed. 

21 ‘‘(b) DEFINITIONS.—As used in this section— 


pbinns on DSKJLVW7X2PROD with BILLS
193 

•S 954 IS

1 ‘‘(1) the term ‘absentee ballot’ means any ballot 

2 transmitted by a voter by mail in an election for 

3 Federal office, but does not include any ballot cov4 ered by section 3406; and 

5 ‘‘(2) the term ‘election for Federal office’ means 

6 a general, special, primary, or runoff election for the 

7 office of President or Vice President, or of Senator 

8 or Representative in, or Delegate or Resident Com9 missioner to, the Congress.’’. 

10 (2) TECHNICAL AND CONFORMING AMEND11 MENT.—The table of sections for chapter 34 of title 

12 39, United States Code, is amended by adding at 

13 the end the following: 

‘‘3407. Postmark required for ballots.’’. 

14 (3) EFFECTIVE DATE.—The amendments made 

15 by this subsection shall apply to absentee ballots re16 lating to an election for Federal office occurring on 

17 or after January 1, 2022. 

18 (b) GREATER VISIBILITY FOR BALLOTS.— 

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

20 Help America Vote Act of 2002 (52 U.S.C. 21081 

21 et seq.), as amended by section 131(a), section 

22 201(a), section 202(a), section 203(a)(1), section 

23 204(a), section 801(a), section 901(a), and section 

24 902(a), is amended— 


pbinns on DSKJLVW7X2PROD with BILLS
194 

•S 954 IS

1 (A) by redesignating sections 312 and 313 

2 as sections 313 and 314, respectively; and 

3 (B) by inserting after section 311 the fol4 lowing new section: 

5 ‘‘SEC. 312. BALLOT VISIBILITY. 

6 ‘‘(a) IN GENERAL.—Each State or local election offi7 cial shall— 

8 ‘‘(1) affix Tag 191, Domestic and International 

9 Mail-In Ballots (or any successor tag designated by 

10 the United States Postal Service), to any tray or 

11 sack of ballot mail relating to an election for Federal 

12 office that is destined for a domestic or international 

13 address; 

14 ‘‘(2) use the Official Election Mail logo to des15 ignate mail pieces relating to an election for Federal 

16 office that is destined for a domestic or international 

17 address; and 

18 ‘‘(3) if an intelligent mail barcode is utilized for 

19 any mail relating to an election for Federal office 

20 that is destined for a domestic or international ad21 dress, ensure the specific ballot service type identi22 fier for such mail is visible. 

23 ‘‘(b) EFFECTIVE DATE.—The requirements of this 

24 section shall apply to elections for Federal office occurring 

25 on and after January 1, 2022.’’. 


pbinns on DSKJLVW7X2PROD with BILLS
195 

•S 954 IS

1 (2) CLERICAL AMENDMENTS.—The table of 

2 contents of such Act, as amended by section 131(c), 

3 section 201(d), section 202(c), section 203(a)(3), 

4 section 204(c), section 801(c), section 901(b) and 

5 section 902(c), is amended— 

6 (A) by redesignating the items relating to 

7 sections 312 and 313 as relating to sections 

8 313 and 314; and 

9 (B) by inserting after the item relating to 

10 section 311 the following new item: 

‘‘Sec. 312. Ballot visibility.’’. 

11 SEC. 904. VOTING MATERIALS POSTAGE. 

12 (a) PREPAYMENT OF POSTAGE ON RETURN ENVE13 LOPES.— 

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

15 Help America Vote Act of 2002 (52 U.S.C. 21081 

16 et seq.), as amended by section 131(a), section 

17 201(a), section 202(a), section 203(a)(1), section 

18 204(a), section 801(a), section 901(a), section 

19 902(a), and section 903(b), is amended— 

20 (A) by redesignating sections 313 and 314 

21 as sections 314 and 315, respectively; and 

22 (B) by inserting after section 312 the fol23 lowing new section: 


pbinns on DSKJLVW7X2PROD with BILLS
196 

•S 954 IS

1 ‘‘SEC. 313. PREPAYMENT OF POSTAGE ON RETURN ENVE2 LOPES FOR VOTING MATERIALS. 

3 ‘‘(a) PROVISION OF RETURN ENVELOPES.— 

4 ‘‘(1) IN GENERAL.—The appropriate State or 

5 local election official shall provide a self-sealing re6 turn envelope with— 

7 ‘‘(A) any voter registration application 

8 form transmitted to a registrant by mail; 

9 ‘‘(B) any application for an absentee ballot 

10 transmitted to an applicant by mail; and 

11 ‘‘(C) any blank absentee ballot transmitted 

12 to a voter by mail. 

13 ‘‘(2) REASONABLE EFFORTS.—A State shall be 

14 treated as meeting the requirements of paragraph 

15 (1) if the State makes all reasonable efforts to pro16 vide self-sealing return envelopes as provided in such 

17 paragraph. 

18 ‘‘(b) PREPAYMENT OF POSTAGE.—Consistent with 

19 regulations of the United States Postal Service, the State 

20 or the unit of local government responsible for the admin21 istration of the election involved shall prepay the postage 

22 on any envelope provided under subsection (a). 

23 ‘‘(c) NO EFFECT ON BALLOTS OR BALLOTING MATE24 RIALS TRANSMITTED TO ABSENT MILITARY AND OVER25 SEAS VOTERS.—Nothing in this section may be construed 

26 to affect the treatment of any ballot or balloting materials 


pbinns on DSKJLVW7X2PROD with BILLS
197 

•S 954 IS

1 transmitted to an individual who is entitled to vote by ab2 sentee ballot under the Uniformed and Overseas Citizens 

3 Absentee Voting Act (52 U.S.C. 20301 et seq.). 

4 ‘‘(d) EFFECTIVE DATE.—This section shall take ef5 fect on the date that is 90 days after the date of the enact6 ment of this section, except that State and local jurisdic7 tions shall make arrangements with the United States 

8 Postal Service to pay for all postage costs that such juris9 dictions would be required to pay under this section if this 

10 section took effect on the date of enactment.’’. 

11 (2) CLERICAL AMENDMENTS.—The table of 

12 contents of such Act, as amended by section 131(c), 

13 section 201(d), section 202(c), section 203(a)(3), 

14 section 204(c), section 801(c), section 901(b), sec15 tion 902(c), and section 903(b), is amended— 

16 (A) by redesignating the items relating to 

17 sections 313 and 314 as relating to sections 

18 314 and 315, respectively; and 

19 (B) by inserting after the item relating to 

20 section 312 the following new item: 

‘‘Sec. 313. Prepayment of postage on return envelopes for voting materials.’’. 

21 (b) ROLE OF UNITED STATES POSTAL SERVICE.— 

22 (1) IN GENERAL.—Chapter 34 of title 39, 

23 United States Code, as amended by section 903(a), 

24 is amended by inserting after section 3407 the fol25 lowing: 


pbinns on DSKJLVW7X2PROD with BILLS
198 

•S 954 IS

1 ‘‘§ 3408. Carriage of voting materials 

2 ‘‘(a) TREATMENT AS FIRST-CLASS MAIL.—Any voter 

3 registration application, absentee ballot application, or ab4 sentee ballot with respect to any election for Federal office 

5 shall be carried in accordance with the service standards 

6 established for first-class mail, regardless of the class of 

7 postage prepaid. 

8 ‘‘(b) DEFINITIONS.—As used in this section, the 

9 terms ‘absentee ballot’ and ‘election for Federal office’ 

10 have the meanings given those terms in section 3407. 

11 ‘‘(c) RULE OF CONSTRUCTION.—Nothing in this sec12 tion may be construed to affect the treatment of any ballot 

13 or balloting materials transmitted to an individual who is 

14 entitled to vote by absentee ballot under the Uniformed 

15 and Overseas Citizens Absentee Voting Act (52 U.S.C. 

16 20301 et seq.).’’. 

17 (2) CLERICAL AMENDMENT.—The table of sec18 tions for chapter 34 of such title, as amended by 

19 section 903(a), is amended by inserting after the 

20 item relating to section 3407 the following: 

‘‘3408. Carriage of voting materials.’’. 


pbinns on DSKJLVW7X2PROD with BILLS
199 

•S 954 IS

1 TITLE X—ABSENT UNIFORMED 

2 SERVICES VOTERS AND 

3 OVERSEAS VOTERS 

4 SEC. 1001. PRE-ELECTION REPORTS ON AVAILABILITY AND 

5 TRANSMISSION OF ABSENTEE BALLOTS. 

6 Section 102(c) of the Uniformed and Overseas Citi7 zens Absentee Voting Act (52 U.S.C. 20302(c)) is amend8 ed to read as follows: 

9 ‘‘(c) REPORTS ON AVAILABILITY, TRANSMISSION, 

10 AND RECEIPT OF ABSENTEE BALLOTS.— 

11 ‘‘(1) PRE-ELECTION REPORT ON ABSENTEE

12 BALLOT AVAILABILITY.—Not later than 55 days be13 fore any regularly scheduled general election for 

14 Federal office, each State shall submit a report to 

15 the Attorney General, the Election Assistance Com16 mission (hereafter in this subsection referred to as 

17 the ‘Commission’), and the Presidential Designee, 

18 and make that report publicly available that same 

19 day, certifying that absentee ballots for the election 

20 are or will be available for transmission to absent 

21 uniformed services voters and overseas voters by not 

22 later than 45 days before the election. The report 

23 shall be in a form prescribed jointly by the Attorney 

24 General and the Commission and shall require the 

25 State to certify specific information about ballot 


pbinns on DSKJLVW7X2PROD with BILLS
200 

•S 954 IS

1 availability from each unit of local government which 

2 will administer the election. 

3 ‘‘(2) PRE-ELECTION REPORT ON ABSENTEE

4 BALLOT TRANSMISSION.—Not later than 43 days be5 fore any regularly scheduled general election for 

6 Federal office, each State shall submit a report to 

7 the Attorney General, the Commission, and the 

8 Presidential Designee, and make that report publicly 

9 available that same day, certifying whether all ab10 sentee ballots have been transmitted by not later 

11 than 45 days before the election to all qualified ab12 sent uniformed services and overseas voters whose 

13 requests were received at least 45 days before the 

14 election. The report shall be in a form prescribed 

15 jointly by the Attorney General and the Commission, 

16 and shall require the State to certify specific infor17 mation about ballot transmission, including the total 

18 numbers of ballot requests received and ballots 

19 transmitted, from each unit of local government 

20 which will administer the election. 

21 ‘‘(3) POST-ELECTION REPORT ON NUMBER OF

22 ABSENTEE BALLOTS TRANSMITTED AND RE23 CEIVED.—Not later than 90 days after the date of 

24 each regularly scheduled general election for Federal 

25 office, each State and unit of local government 


pbinns on DSKJLVW7X2PROD with BILLS
201 

•S 954 IS

1 which administered the election shall (through the 

2 State, in the case of a unit of local government) sub3 mit a report to the Attorney General, the Commis4 sion, and the Presidential Designee on the combined 

5 number of absentee ballots transmitted to absent 

6 uniformed services voters and overseas voters for the 

7 election and the combined number of such ballots 

8 which were returned by such voters and cast in the 

9 election, and shall make such report available to the 

10 general public that same day.’’. 

11 SEC. 1002. ENFORCEMENT. 

12 (a) AVAILABILITY OF CIVIL PENALTIES AND PRI13 VATE RIGHTS OF ACTION.—Section 105 of the Uniformed 

14 and Overseas Citizens Absentee Voting Act (52 U.S.C. 

15 20307) is amended to read as follows: 

16 ‘‘SEC. 105. ENFORCEMENT. 

17 ‘‘(a) ACTION BY ATTORNEY GENERAL.— 

18 ‘‘(1) IN GENERAL.—The Attorney General may 

19 bring civil action in an appropriate district court for 

20 such declaratory or injunctive relief as may be nec21 essary to carry out this title. 

22 ‘‘(2) PENALTY.—In a civil action brought under 

23 paragraph (1), if the court finds that the State vio24 lated any provision of this title, it may, to vindicate 


pbinns on DSKJLVW7X2PROD with BILLS
202 

•S 954 IS

1 the public interest, assess a civil penalty against the 

2 State— 

3 ‘‘(A) in an amount not to exceed $110,000 

4 for each such violation, in the case of a first 

5 violation; or 

6 ‘‘(B) in an amount not to exceed $220,000 

7 for each such violation, for any subsequent vio8 lation. 

9 ‘‘(3) REPORT TO CONGRESS.—Not later than 

10 December 31 of each year, the Attorney General 

11 shall submit to Congress an annual report on any 

12 civil action brought under paragraph (1) during the 

13 preceding year. 

14 ‘‘(b) PRIVATE RIGHT OF ACTION.—A person who is 

15 aggrieved by a State’s violation of this title may bring a 

16 civil action in an appropriate district court for such declar17 atory or injunctive relief as may be necessary to carry out 

18 this title. 

19 ‘‘(c) STATE AS ONLY NECESSARY DEFENDANT.—In 

20 any action brought under this section, the only necessary 

21 party defendant is the State, and it shall not be a defense 

22 to any such action that a local election official or a unit 

23 of local government is not named as a defendant, notwith24 standing that a State has exercised the authority described 

25 in section 576 of the Military and Overseas Voter EmVerDate Sep 11 2014 05:45 Apr 28, 2021 Jkt 019200 PO 00000 Frm 00202 Fmt 6652 Sfmt 6201 E:\BILLS\S954.IS S954

pbinns on DSKJLVW7X2PROD with BILLS
203 

•S 954 IS

1 powerment Act to delegate to another jurisdiction in the 

2 State any duty or responsibility which is the subject of 

3 an action brought under this section.’’. 

4 (b) EFFECTIVE DATE.—The amendments made by 

5 this section shall apply with respect to violations alleged 

6 to have occurred on or after the date of the enactment 

7 of this Act. 

8 SEC. 1003. REVISIONS TO 45-DAY ABSENTEE BALLOT 

9 TRANSMISSION RULE. 

10 (a) REPEAL OF WAIVER AUTHORITY.— 

11 (1) IN GENERAL.—Section 102 of the Uni12 formed and Overseas Citizens Absentee Voting Act 

13 (52 U.S.C. 20302) is amended by striking sub14 section (g). 

15 (2) CONFORMING AMENDMENT.—Section 

16 102(a)(8)(A) of such Act (52 U.S.C. 

17 20302(a)(8)(A)) is amended by striking ‘‘except as 

18 provided in subsection (g),’’. 

19 (b) REQUIRING USE OF EXPRESS DELIVERY IN CASE

20 OF FAILURE TO MEET REQUIREMENT.—Section 102 of 

21 such Act (52 U.S.C. 20302), as amended by subsection 

22 (a), is amended by inserting after subsection (f) the fol23 lowing new subsection: 


pbinns on DSKJLVW7X2PROD with BILLS
204 

•S 954 IS

1 ‘‘(g) REQUIRING USE OF EXPRESS DELIVERY IN

2 CASE OF FAILURE TO TRANSMIT BALLOTS WITHIN

3 DEADLINES.— 

4 ‘‘(1) TRANSMISSION OF BALLOT BY EXPRESS

5 DELIVERY.—If a State fails to meet the requirement 

6 of subsection (a)(8)(A) to transmit a validly re7 quested absentee ballot to an absent uniformed serv8 ices voter or overseas voter not later than 45 days 

9 before the election (in the case in which the request 

10 is received at least 45 days before the election)— 

11 ‘‘(A) the State shall transmit the ballot to 

12 the voter by express delivery; or 

13 ‘‘(B) in the case of a voter who has des14 ignated that absentee ballots be transmitted 

15 electronically in accordance with subsection 

16 (f)(1), the State shall transmit the ballot to the 

17 voter electronically. 

18 ‘‘(2) SPECIAL RULE FOR TRANSMISSION FEWER

19 THAN 40 DAYS BEFORE THE ELECTION.—If, in car20 rying out paragraph (1), a State transmits an ab21 sentee ballot to an absent uniformed services voter 

22 or overseas voter fewer than 40 days before the elec23 tion, the State shall enable the ballot to be returned 

24 by the voter by express delivery, except that in the 

25 case of an absentee ballot of an absent uniformed 


pbinns on DSKJLVW7X2PROD with BILLS
205 

•S 954 IS

1 services voter for a regularly scheduled general elec2 tion for Federal office, the State may satisfy the re3 quirement of this paragraph by notifying the voter 

4 of the procedures for the collection and delivery of 

5 such ballots under section 103A. 

6 ‘‘(3) PAYMENT FOR USE OF EXPRESS DELIV7 ERY.—The State shall be responsible for the pay8 ment of the costs associated with the use of express 

9 delivery for the transmittal of ballots under this sub10 section.’’. 

11 (c) CLARIFICATION OF TREATMENT OF WEEK12 ENDS.—Section 102(a)(8)(A) of such Act (52 U.S.C. 

13 20302(a)(8)(A)) is amended by striking ‘‘the election;’’ 

14 and inserting the following: ‘‘the election (or, if the 45th 

15 day preceding the election is a weekend or legal public hol16 iday, not later than the most recent weekday which pre17 cedes such 45th day and which is not a legal public holi18 day, but only if the request is received by at least such 

19 most recent weekday);’’. 

20 SEC. 1004. USE OF SINGLE ABSENTEE BALLOT APPLICA21 TION FOR SUBSEQUENT ELECTIONS. 

22 (a) IN GENERAL.—Section 104 of the Uniformed and 

23 Overseas Citizens Absentee Voting Act (52 U.S.C. 20306) 

24 is amended to read as follows: 


pbinns on DSKJLVW7X2PROD with BILLS
206 

•S 954 IS

1 ‘‘SEC. 104. USE OF SINGLE APPLICATION FOR SUBSEQUENT 

2 ELECTIONS. 

3 ‘‘(a) IN GENERAL.—If a State accepts and processes 

4 an official post card form (prescribed under section 101) 

5 submitted by an absent uniformed services voter or over6 seas voter for simultaneous voter registration and absen7 tee ballot application (in accordance with section 

8 102(a)(4)) and the voter requests that the application be 

9 considered an application for an absentee ballot for each 

10 subsequent election for Federal office held in the State 

11 through the next regularly scheduled general election for 

12 Federal office (including any runoff elections which may 

13 occur as a result of the outcome of such general election), 

14 the State shall provide an absentee ballot to the voter for 

15 each such subsequent election. 

16 ‘‘(b) EXCEPTION FOR VOTERS CHANGING REGISTRA17 TION.—Subsection (a) shall not apply with respect to a 

18 voter registered to vote in a State for any election held 

19 after the voter notifies the State that the voter no longer 

20 wishes to be registered to vote in the State or after the 

21 State determines that the voter has registered to vote in 

22 another State or is otherwise no longer eligible to vote in 

23 the State. 

24 ‘‘(c) PROHIBITION OF REFUSAL OF APPLICATION ON

25 GROUNDS OF EARLY SUBMISSION.—A State may not 

26 refuse to accept or to process, with respect to any election 


pbinns on DSKJLVW7X2PROD with BILLS
207 

•S 954 IS

1 for Federal office, any otherwise valid voter registration 

2 application or absentee ballot application (including the 

3 postcard form prescribed under section 101) submitted by 

4 an absent uniformed services voter or overseas voter on 

5 the grounds that the voter submitted the application be6 fore the first date on which the State otherwise accepts 

7 or processes such applications for that election which are 

8 submitted by absentee voters who are not members of the 

9 uniformed services or overseas citizens.’’. 

10 (b) EFFECTIVE DATE.—The amendment made by 

11 subsection (a) shall apply with respect to voter registration 

12 and absentee ballot applications which are submitted to 

13 a State or local election official on or after the date of 

14 the enactment of this Act. 

15 SEC. 1005. EXTENDING GUARANTEE OF RESIDENCY FOR 

16 VOTING PURPOSES TO FAMILY MEMBERS OF 

17 ABSENT MILITARY PERSONNEL. 

18 Section 102 of the Uniformed and Overseas Citizens 

19 Absentee Voting Act (52 U.S.C. 20302) is amended by 

20 adding at the end the following new subsection: 

21 ‘‘(j) GUARANTEE OF RESIDENCY FOR SPOUSES AND

22 DEPENDENTS OF ABSENT MEMBERS OF UNIFORMED

23 SERVICE.—For the purposes of voting for in any election 

24 for any Federal office or any State or local office, a spouse 

25 or dependent of an individual who is an absent uniformed 


pbinns on DSKJLVW7X2PROD with BILLS
208 

•S 954 IS

1 services voter described in subparagraph (A) or (B) of sec2 tion 107(1) shall not, solely by reason of that individual’s 

3 absence and without regard to whether or not such spouse 

4 or dependent is accompanying that individual— 

5 ‘‘(1) be deemed to have lost a residence or 

6 domicile in that State, without regard to whether or 

7 not that individual intends to return to that State; 

8 ‘‘(2) be deemed to have acquired a residence or 

9 domicile in any other State; or 

10 ‘‘(3) be deemed to have become a resident in or 

11 a resident of any other State.’’. 

12 SEC. 1006. REQUIRING TRANSMISSION OF BLANK ABSEN13 TEE BALLOTS UNDER UOCAVA TO CERTAIN 

14 VOTERS. 

15 (a) IN GENERAL.—The Uniformed and Overseas 

16 Citizens Absentee Voting Act (52 U.S.C. 20301 et seq.) 

17 is amended by inserting after section 103B the following 

18 new section: 

19 ‘‘SEC. 103C. TRANSMISSION OF BLANK ABSENTEE BALLOTS 

20 TO CERTAIN OTHER VOTERS. 

21 ‘‘(a) IN GENERAL.— 

22 ‘‘(1) STATE RESPONSIBILITIES.—Subject to the 

23 provisions of this section, each State shall transmit 

24 blank absentee ballots electronically to qualified indi25 viduals who request such ballots in the same manner 


pbinns on DSKJLVW7X2PROD with BILLS
209 

•S 954 IS

1 and under the same terms and conditions under 

2 which the State transmits such ballots electronically 

3 to absent uniformed services voters and overseas vot4 ers under the provisions of section 102(f), except 

5 that no such marked ballots shall be returned elec6 tronically. 

7 ‘‘(2) REQUIREMENTS.—Any blank absentee bal8 lot transmitted to a qualified individual under this 

9 section— 

10 ‘‘(A) must comply with the language re11 quirements under section 203 of the Voting 

12 Rights Act of 1965 (52 U.S.C. 10503); and 

13 ‘‘(B) must comply with the disability re14 quirements under section 508 of the Rehabilita15 tion Act of 1973 (29 U.S.C. 794d). 

16 ‘‘(3) AFFIRMATION.—The State may not trans17 mit a ballot to a qualified individual under this sec18 tion unless the individual provides the State with a 

19 signed affirmation in electronic form that— 

20 ‘‘(A) the individual is a qualified individual 

21 (as defined in subsection (b)); 

22 ‘‘(B) the individual has not and will not 

23 cast another ballot with respect to the election; 

24 and 


pbinns on DSKJLVW7X2PROD with BILLS
210 

•S 954 IS

1 ‘‘(C) acknowledges that a material 

2 misstatement of fact in completing the ballot 

3 may constitute grounds for conviction of per4 jury. 

5 ‘‘(4) CLARIFICATION REGARDING FREE POST6 AGE.—An absentee ballot obtained by a qualified in7 dividual under this section shall be considered bal8 loting materials as defined in section 107 for pur9 poses of section 3406 of title 39, United States 

10 Code. 

11 ‘‘(5) PROHIBITING REFUSAL TO ACCEPT BAL12 LOT FOR FAILURE TO MEET CERTAIN REQUIRE13 MENTS.—A State shall not refuse to accept and 

14 process any otherwise valid blank absentee ballot 

15 which was transmitted to a qualified individual 

16 under this section and used by the individual to vote 

17 in the election solely on the basis of the following: 

18 ‘‘(A) Notarization or witness signature re19 quirements. 

20 ‘‘(B) Restrictions on paper type, including 

21 weight and size. 

22 ‘‘(C) Restrictions on envelope type, includ23 ing weight and size. 

24 ‘‘(b) QUALIFIED INDIVIDUAL.— 


pbinns on DSKJLVW7X2PROD with BILLS
211 

•S 954 IS

1 ‘‘(1) IN GENERAL.—In this section, except as 

2 provided in paragraph (2), the term ‘qualified indi3 vidual’ means any individual who is otherwise quali4 fied to vote in an election for Federal office and who 

5 meets any of the following requirements: 

6 ‘‘(A) The individual— 

7 ‘‘(i) has previously requested an ab8 sentee ballot from the State or jurisdiction 

9 in which such individual is registered to 

10 vote; and 

11 ‘‘(ii) has not received such absentee 

12 ballot at least 2 days before the date of the 

13 election. 

14 ‘‘(B) The individual— 

15 ‘‘(i) resides in an area of a State with 

16 respect to which an emergency or public 

17 health emergency has been declared by the 

18 chief executive of the State or of the area 

19 involved within 5 days of the date of the 

20 election under the laws of the State due to 

21 reasons including a natural disaster, in22 cluding severe weather, or an infectious 

23 disease; and 

24 ‘‘(ii) has not previously requested an 

25 absentee ballot. 


pbinns on DSKJLVW7X2PROD with BILLS
212 

•S 954 IS

1 ‘‘(C) The individual expects to be absent 

2 from such individual’s jurisdiction on the date 

3 of the election due to professional or volunteer 

4 service in response to a natural disaster or 

5 emergency as described in subparagraph (B). 

6 ‘‘(D) The individual is hospitalized or ex7 pects to be hospitalized on the date of the elec8 tion. 

9 ‘‘(E) The individual is an individual with a 

10 disability (as defined in section 3 of the Ameri11 cans with Disabilities Act of 1990 (42 U.S.C. 

12 12102)) and resides in a State which does not 

13 offer voters the ability to use secure and acces14 sible remote ballot marking. For purposes of 

15 this subparagraph, a State shall permit an indi16 vidual to self-certify that the individual is an in17 dividual with a disability. 

18 ‘‘(2) EXCLUSION OF ABSENT UNIFORMED SERV19 ICES AND OVERSEAS VOTERS.—The term ‘qualified 

20 individual’ shall not include an absent uniformed 

21 services voter or an overseas voter. 

22 ‘‘(c) STATE.—For purposes of this section, the term 

23 ‘State’ includes the District of Columbia, the Common24 wealth of Puerto Rico, Guam, American Samoa, the 


pbinns on DSKJLVW7X2PROD with BILLS
213 

•S 954 IS

1 United States Virgin Islands, and the Commonwealth of 

2 the Northern Mariana Islands. 

3 ‘‘(d) EFFECTIVE DATE.—This section shall apply 

4 with respect to the regularly scheduled general election for 

5 Federal office held in November 2022 and each succeeding 

6 election for Federal office.’’. 

7 (b) CONFORMING AMENDMENT.—Section 102(a) of 

8 such Act (52 U.S.C. 20302(a)) is amended— 

9 (1) by striking ‘‘and’’ at the end of paragraph 

10 (10); 

11 (2) by striking the period at the end of para12 graph (11) and inserting ‘‘; and’’; and 

13 (3) by adding at the end the following new 

14 paragraph: 

15 ‘‘(12) meet the requirements of section 103C 

16 with respect to the provision of blank absentee bal17 lots for the use of qualified individuals described in 

18 such section.’’. 

19 (c) CLERICAL AMENDMENTS.—The table of contents 

20 of such Act is amended by inserting the following after 

21 section 103: 

‘‘Sec. 103A. Procedures for collection and delivery of marked absentee ballots 

of absent overseas uniformed services voters. 

‘‘Sec. 103B. Federal voting assistance program improvements. 

‘‘Sec. 103C. Transmission of blank absentee ballots to certain other voters.’’. 


pbinns on DSKJLVW7X2PROD with BILLS
214 

•S 954 IS

1 SEC. 1007. EFFECTIVE DATE. 

2 Except as provided in section 1002(b) and section 

3 1004(b), the amendments made by this title shall apply 

4 with respect to elections occurring on or after January 1, 

5 2022. 

6 TITLE XI—POLL WORKER 

7 RECRUITMENT AND TRAINING 

8 SEC. 1101. GRANTS TO STATES FOR POLL WORKER RE9 CRUITMENT AND TRAINING. 

10 (a) GRANTS BY ELECTION ASSISTANCE COMMIS11 SION.— 

12 (1) IN GENERAL.—The Election Assistance 

13 Commission (hereafter referred to as the ‘‘Commis14 sion’’) shall, subject to the availability of appropria15 tions provided to carry out this section, make a 

16 grant to each eligible State for recruiting and train17 ing individuals to serve as poll workers on dates of 

18 elections for public office. 

19 (2) USE OF COMMISSION MATERIALS.—In car20 rying out activities with a grant provided under this 

21 section, the recipient of the grant shall use the man22 ual prepared by the Commission on successful prac23 tices for poll worker recruiting, training, and reten24 tion as an interactive training tool, and shall develop 

25 training programs with the participation and input 

26 of experts in adult learning. 


pbinns on DSKJLVW7X2PROD with BILLS
215 

•S 954 IS

1 (3) ACCESS AND CULTURAL CONSIDER2 ATIONS.—The Commission shall ensure that the 

3 manual described in paragraph (2) provides training 

4 in methods that will enable poll workers to provide 

5 access and delivery of services in a culturally com6 petent manner to all voters who use their services, 

7 including those with limited English proficiency, di8 verse cultural and ethnic backgrounds, disabilities, 

9 and regardless of gender, sexual orientation, or gen10 der identity. These methods must ensure that each 

11 voter will have access to poll worker services that are 

12 delivered in a manner that meets the unique needs 

13 of the voter. 

14 (b) REQUIREMENTS FOR ELIGIBILITY.— 

15 (1) APPLICATION.—Each State that desires to 

16 receive a payment under this section shall submit an 

17 application for the payment to the Commission at 

18 such time and in such manner and containing such 

19 information as the Commission shall require. 

20 (2) CONTENTS OF APPLICATION.—Each appli21 cation submitted under paragraph (1) shall— 

22 (A) describe the activities for which assist23 ance under this section is sought; 

24 (B) provide assurances that the funds pro25 vided under this section will be used to suppleVerDate Sep 11 2014 05:45 Apr 28, 2021 Jkt 019200 PO 00000 Frm 00215 Fmt 6652 Sfmt 6201 E:\BILLS\S954.IS S954

pbinns on DSKJLVW7X2PROD with BILLS
216 

•S 954 IS

1 ment and not supplant other funds used to 

2 carry out the activities; 

3 (C) provide assurances that the State will 

4 furnish the Commission with information on the 

5 number of individuals who served as poll work6 ers after recruitment and training with the 

7 funds provided under this section; and 

8 (D) provide such additional information 

9 and certifications as the Commission deter10 mines to be essential to ensure compliance with 

11 the requirements of this section. 

12 (c) AMOUNT OF GRANT.— 

13 (1) IN GENERAL.—The amount of a grant 

14 made to a State under this section shall be equal to 

15 the product of— 

16 (A) the aggregate amount made available 

17 for grants to States under this section; and 

18 (B) the voting age population percentage 

19 for the State. 

20 (2) VOTING AGE POPULATION PERCENTAGE DE21 FINED.—In paragraph (1), the ‘‘voting age popu22 lation percentage’’ for a State is the quotient of— 

23 (A) the voting age population of the State 

24 (as determined on the basis of the most recent 


pbinns on DSKJLVW7X2PROD with BILLS
217 

•S 954 IS

1 information available from the Bureau of the 

2 Census); and 

3 (B) the total voting age population of all 

4 States (as determined on the basis of the most 

5 recent information available from the Bureau of 

6 the Census). 

7 (d) REPORTS TO CONGRESS.— 

8 (1) REPORTS BY RECIPIENTS OF GRANTS.—Not 

9 later than 6 months after the date on which the 

10 final grant is made under this section, each recipient 

11 of a grant shall submit a report to the Commission 

12 on the activities conducted with the funds provided 

13 by the grant. 

14 (2) REPORTS BY COMMISSION.—Not later than 

15 1 year after the date on which the final grant is 

16 made under this section, the Commission shall sub17 mit a report to Congress on the grants made under 

18 this section and the activities carried out by recipi19 ents with the grants, and shall include in the report 

20 such recommendations as the Commission considers 

21 appropriate. 

22 (e) FUNDING.— 

23 (1) CONTINUING AVAILABILITY OF AMOUNT AP24 PROPRIATED.—Any amount appropriated to carry 


pbinns on DSKJLVW7X2PROD with BILLS
218 

•S 954 IS

1 out this section shall remain available without fiscal 

2 year limitation until expended. 

3 (2) ADMINISTRATIVE EXPENSES.—Of the 

4 amount appropriated for any fiscal year to carry out 

5 this section, not more than 3 percent shall be avail6 able for administrative expenses of the Commission. 

7 SEC. 1102. STATE DEFINED. 

8 In this title, the term ‘‘State’’ includes the District 

9 of Columbia, the Commonwealth of Puerto Rico, Guam, 

10 American Samoa, the United States Virgin Islands, and 

11 the Commonwealth of the Northern Mariana Islands. 

12 TITLE XII—ENHANCEMENT OF 

13 ENFORCEMENT 

14 SEC. 1201. ENHANCEMENT OF ENFORCEMENT OF HELP 

15 AMERICA VOTE ACT OF 2002. 

16 (a) COMPLAINTS; AVAILABILITY OF PRIVATE RIGHT

17 OF ACTION.—Section 401 of the Help America Vote Act 

18 of 2002 (52 U.S.C. 21111) is amended— 

19 (1) by striking ‘‘The Attorney General’’ and in20 serting ‘‘(a) IN GENERAL.—The Attorney General’’; 

21 and 

22 (2) by adding at the end the following new sub23 sections: 

24 ‘‘(b) FILING OF COMPLAINTS BY AGGRIEVED PER25 SONS.— 


pbinns on DSKJLVW7X2PROD with BILLS
219 

•S 954 IS

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

2 by a violation of title III which has occurred, is oc3 curring, or is about to occur may file a written, 

4 signed, notarized complaint with the Attorney Gen5 eral describing the violation and requesting the At6 torney General to take appropriate action under this 

7 section. The Attorney General shall immediately pro8 vide a copy of a complaint filed under the previous 

9 sentence to the entity responsible for administering 

10 the State-based administrative complaint procedures 

11 described in section 402(a) for the State involved. 

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

13 Attorney General shall respond to each complaint 

14 filed under paragraph (1), in accordance with proce15 dures established by the Attorney General that re16 quire responses and determinations to be made with17 in the same (or shorter) deadlines which apply to a 

18 State under the State-based administrative com19 plaint procedures described in section 402(a)(2). 

20 The Attorney General shall immediately provide a 

21 copy of the response made under the previous sen22 tence to the entity responsible for administering the 

23 State-based administrative complaint procedures de24 scribed in section 402(a) for the State involved. 


pbinns on DSKJLVW7X2PROD with BILLS
220 

•S 954 IS

1 ‘‘(c) AVAILABILITY OF PRIVATE RIGHT OF AC2 TION.—Any person who is authorized to file a complaint 

3 under subsection (b)(1) (including any individual who 

4 seeks to enforce the individual’s right to a voter-verified 

5 paper ballot, the right to have the voter-verified paper bal6 lot counted in accordance with this Act, or any other right 

7 under title III) may file an action under section 1979 of 

8 the Revised Statutes of the United States (42 U.S.C. 

9 1983) to enforce the uniform and nondiscriminatory elec10 tion technology and administration requirements under 

11 subtitle A of title III. 

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

13 in this section may be construed to affect the availability 

14 of the State-based administrative complaint procedures re15 quired under section 402 to any person filing a complaint 

16 under this subsection.’’. 

17 (b) EFFECTIVE DATE.—The amendments made by 

18 this section shall apply with respect to violations occurring 

19 with respect to elections for Federal office held in 2022 

20 or any succeeding year. 


pbinns on DSKJLVW7X2PROD with BILLS
221 

•S 954 IS

1 TITLE XIII—FEDERAL ELECTION 

2 INTEGRITY 

3 SEC. 1301. PROHIBITION ON CAMPAIGN ACTIVITIES BY 

4 CHIEF STATE ELECTION ADMINISTRATION 

5 OFFICIALS. 

6 (a) IN GENERAL.—Title III of the Federal Election 

7 Campaign Act of 1971 (52 U.S.C. 30101 et seq.) is 

8 amended by inserting after section 319 the following new 

9 section: 

10 ‘‘CAMPAIGN ACTIVITIES BY CHIEF STATE ELECTION

11 ADMINISTRATION OFFICIALS

12 ‘‘SEC. 319A. (a) PROHIBITION.—It shall be unlawful 

13 for a chief State election administration official to take 

14 an active part in political management or in a political 

15 campaign with respect to any election for Federal office 

16 over which such official has supervisory authority. 

17 ‘‘(b) CHIEF STATE ELECTION ADMINISTRATION OF18 FICIAL.—The term ‘chief State election administration of19 ficial’ means the highest State official with responsibility 

20 for the administration of Federal elections under State 

21 law. 

22 ‘‘(c) ACTIVE PART IN POLITICAL MANAGEMENT OR

23 IN A POLITICAL CAMPAIGN.—The term ‘active part in po24 litical management or in a political campaign’ means— 


pbinns on DSKJLVW7X2PROD with BILLS
222 

•S 954 IS

1 ‘‘(1) holding any position (including any unpaid 

2 or honorary position) with an authorized committee 

3 of a candidate, or participating in any decision-mak4 ing of an authorized committee of a candidate; 

5 ‘‘(2) the use of official authority or influence 

6 for the purpose of interfering with or affecting the 

7 result of an election for Federal office; 

8 ‘‘(3) the solicitation, acceptance, or receipt of a 

9 contribution from any person on behalf of a can10 didate for Federal office; and 

11 ‘‘(4) any other act which would be prohibited 

12 under paragraph (2) or (3) of section 7323(b) of 

13 title 5, United States Code, if taken by an individual 

14 to whom such paragraph applies (other than any 

15 prohibition on running for public office). 

16 ‘‘(d) EXCEPTION IN CASE OF RECUSAL FROM AD17 MINISTRATION OF ELECTIONS INVOLVING OFFICIAL OR

18 IMMEDIATE FAMILY MEMBER.— 

19 ‘‘(1) IN GENERAL.—This section does not apply 

20 to a chief State election administration official with 

21 respect to an election for Federal office in which the 

22 official or an immediate family member of the offi23 cial is a candidate, but only if— 


pbinns on DSKJLVW7X2PROD with BILLS
223 

•S 954 IS

1 ‘‘(A) such official recuses himself or herself 

2 from all of the official’s responsibilities for the 

3 administration of such election; and 

4 ‘‘(B) the official who assumes responsi5 bility for supervising the administration of the 

6 election does not report directly to such official. 

7 ‘‘(2) IMMEDIATE FAMILY MEMBER DEFINED.— 

8 In paragraph (1), the term ‘immediate family mem9 ber’ means, with respect to a candidate, a father, 

10 mother, son, daughter, brother, sister, husband, 

11 wife, father-in-law, or mother-in-law.’’. 

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

13 subsection (a) shall apply with respect to elections for 

14 Federal office held after December 2021. 

15 TITLE XIV—PROMOTING VOTER 

16 ACCESS THROUGH ELECTION 

17 ADMINISTRATION IMPROVE18 MENTS 

19 Subtitle A—Promoting Voter 

20 Access 

21 SEC. 1401. TREATMENT OF INSTITUTIONS OF HIGHER EDU22 CATION. 

23 (a) TREATMENT OF CERTAIN INSTITUTIONS AS

24 VOTER REGISTRATION AGENCIES UNDER NATIONAL

25 VOTER REGISTRATION ACT OF 1993.—Section 7(a) of the 


pbinns on DSKJLVW7X2PROD with BILLS
224 

•S 954 IS

1 National Voter Registration Act of 1993 (52 U.S.C. 

2 20506(a)) is amended— 

3 (1) in paragraph (2)— 

4 (A) by striking ‘‘and’’ at the end of sub5 paragraph (A); 

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

7 subparagraph (B) and inserting ‘‘; and’’; and 

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

9 subparagraph: 

10 ‘‘(C) each institution of higher education 

11 which has a program participation agreement in 

12 effect with the Secretary of Education under 

13 section 487 of the Higher Education Act of 

14 1965 (20 U.S.C. 1094), other than an institu15 tion which is treated as a contributing agency 

16 under section 113 of the Automatic Voter Reg17 istration Act of 2021.’’; and 

18 (2) in paragraph (6)(A), by inserting ‘‘or, in 

19 the case of an institution of higher education, upon 

20 initial enrollment of a student,’’ after ‘‘assistance,’’. 

21 (b) RESPONSIBILITIES OF INSTITUTIONS UNDER

22 HIGHER EDUCATION ACT OF 1965.—Section 487(a)(23) 

23 of the Higher Education Act of 1965 (20 U.S.C. 

24 1094(a)(23)) is amended to read as follows: 


pbinns on DSKJLVW7X2PROD with BILLS
225 

•S 954 IS

1 ‘‘(23)(A) The institution will make every rea2 sonable effort to— 

3 ‘‘(i) distribute voter registration applica4 tions for elections for Federal office using a 

5 form that meets the requirements of section 

6 9(b) of the National Voter Registration Act of 

7 1993 (52 U.S.C. 20508), which may include 

8 sharing a direct, guided link to such applica9 tion, to each student enrolled at the institution 

10 who has not been automatically registered to 

11 vote by the institution in accordance with sec12 tion 113 of the Voter Empowerment Act of 

13 2021, including students who do not qualify as 

14 an in-State student as defined in section 

15 113(f)(2) of the Voter Empowerment Act of 

16 2021; 

17 ‘‘(ii) provide clear guidance that each stu18 dent enrolled at the institution should— 

19 ‘‘(I) register in the State in which the 

20 student is eligible to vote in the next elec21 tion if registration is required, which may 

22 include informing students from another 

23 State of the ability to vote in the State of 

24 the institution in which the students are 


pbinns on DSKJLVW7X2PROD with BILLS
226 

•S 954 IS

1 enrolled and physically in attendance, in 

2 accordance with applicable State law; and 

3 ‘‘(II) in the case of a student who has 

4 already registered to vote in a State de5 scribed in subclause (I), update the stu6 dent’s existing voter registration if the stu7 dent’s address has changed recently or 

8 since the last election in which the student 

9 was eligible to vote; 

10 ‘‘(iii) periodically share credible, non11 partisan resources (to be identified in consulta12 tion with the Election Assistance Commission) 

13 to help students determine where and how they 

14 are eligible to vote, which may include resources 

15 from State and local election officials on voter 

16 registration and voting requirements, including 

17 voter registration deadlines, residency require18 ments, voter identification requirements, and 

19 absentee voting options, as applicable; and 

20 ‘‘(iv) in distributing voting materials (as 

21 defined in section 203(b)(3) of the Voting 

22 Rights Act of 1965 (52 U.S.C. 10503(b)(3))) 

23 that are produced by a covered State or polit24 ical subdivision described in subsection 


pbinns on DSKJLVW7X2PROD with BILLS
227 

•S 954 IS

1 203(b)(2) of such Act, ensure to the greatest 

2 extent practicable that— 

3 ‘‘(I) such voting materials are pro4 vided in accordance with section 203 of 

5 that Act (52 U.S.C. 10503); and 

6 ‘‘(II) all materials and information 

7 made available electronically under this 

8 paragraph— 

9 ‘‘(aa) are accessible to individuals 

10 with disabilities; and 

11 ‘‘(bb) are compliant with the 

12 most recent Web Content Accessibility 

13 Guidelines, or successor guidelines. 

14 ‘‘(B) An institution shall be considered to have 

15 satisfied the requirements of clauses (i), (ii), and 

16 (iii) of subparagraph (A) if— 

17 ‘‘(i) with respect to each student enrolled 

18 in the institution who is not exclusively enrolled 

19 in distance education at the institution and who 

20 has not already been registered to vote by the 

21 institution in accordance with section 113 of 

22 the Voter Empowerment Act of 2021, including 

23 students who do not qualify as an in-State stu24 dent as defined in section 113(f)(2) of such 

25 Act— 


pbinns on DSKJLVW7X2PROD with BILLS
228 

•S 954 IS

1 ‘‘(I) the institution, not less than 30 

2 days in advance of the deadline for reg3 istering to vote within the State for the 

4 next scheduled statewide Federal or State 

5 primary election and not less than 30 days 

6 in advance of the deadline for registering 

7 to vote within the State for the next sched8 uled statewide Federal or State general 

9 election— 

10 ‘‘(aa) distributes voter registra11 tion applications to such students; or 

12 ‘‘(bb) electronically transmits a 

13 message to each such student that is 

14 devoted exclusively to voter registra15 tion and contains a voter registration 

16 application acceptable for use in the 

17 State in which the institution is lo18 cated, or an internet address where 

19 such voter registration application can 

20 be accessed or downloaded; 

21 ‘‘(II) during a period that an institu22 tion requires or encourages such students 

23 to remain off-campus due to a national, 

24 State, or local public health or other emer25 gency for an extended period of time, reVerDate Sep 11 2014 05:45 Apr 28, 2021 Jkt 019200 PO 00000 Frm 00228 Fmt 6652 Sfmt 6201 E:\BILLS\S954.IS S954

pbinns on DSKJLVW7X2PROD with BILLS
229 

•S 954 IS

1 sulting in a significant disruption to such 

2 students’ ability to vote in person, as appli3 cable, the institution additionally— 

4 ‘‘(aa) requests that the State 

5 provide the institution with absentee 

6 ballot applications, as applicable, or 

7 that the State share the official State 

8 website or online portal through which 

9 eligible voters can directly request an 

10 absentee ballot; 

11 ‘‘(bb) distributes to each such 

12 student an absentee ballot application 

13 requested from the State under item 

14 (aa) or the official State website or 

15 online portal through which eligible 

16 voters can directly request an absen17 tee ballot, with instructions that the 

18 form, website, or online portal should 

19 be used only by students eligible to 

20 vote in the State; 

21 ‘‘(cc) notifies such students of— 

22 ‘‘(AA) applicable deadlines 

23 for requesting and submitting an 

24 absentee ballot; and 


pbinns on DSKJLVW7X2PROD with BILLS
230 

•S 954 IS

1 ‘‘(BB) additional options for 

2 early and in-person voting and 

3 voting on Election Day, as appli4 cable; and 

5 ‘‘(dd) shares credible, non6 partisan resources (to be identified in 

7 consultation with the Election Assist8 ance Commission) to help students 

9 who are registered in another State to 

10 apply for absentee ballots in such 

11 State, which may include resources 

12 from State and local election officials; 

13 and 

14 ‘‘(III) the institution ensures that an 

15 appropriate staff person or office has been 

16 designated as a Campus Vote Coordinator, 

17 who shall— 

18 ‘‘(aa) ensure compliance in ac19 cordance with this paragraph at the 

20 institution; 

21 ‘‘(bb) be publicly designated as 

22 the Campus Vote Coordinator, includ23 ing the Campus Vote Coordinator’s 

24 contact information, on the website of 

25 the institution; and 


pbinns on DSKJLVW7X2PROD with BILLS
231 

•S 954 IS

1 ‘‘(cc) upon request, provide to 

2 students residency requirements for 

3 voting, including the ability of stu4 dents from other States to vote in the 

5 State of the institution in which they 

6 are enrolled and physically in attend7 ance, in accordance with applicable 

8 State law; and 

9 ‘‘(ii) with respect to each student enrolled 

10 exclusively in distance education or correspond11 ence programs, the institution— 

12 ‘‘(I)(aa) transmits a message devoted 

13 exclusively to voter registration that refers 

14 such students to a centralized voter reg15 istration website or platform by providing 

16 the Internet address or other method to 

17 access such website or platform, that— 

18 ‘‘(AA) provides applicable voter 

19 registration application and voting in20 formation for all States; and 

21 ‘‘(BB) is hosted by a website op22 erated by the Federal, State or local 

23 government; 

24 ‘‘(bb) transmits such message not less 

25 than twice in each calendar year; and 


pbinns on DSKJLVW7X2PROD with BILLS
232 

•S 954 IS

1 ‘‘(cc) maintains information on the in2 stitution’s website containing credible, non3 partisan resources to help students deter4 mine where and how they are eligible to 

5 vote, or a link to such resources; or 

6 ‘‘(II) provides information to such 

7 students in the same manner as the insti8 tution provides information to students not 

9 enrolled exclusively in distance education 

10 under clause (i)(I). 

11 ‘‘(C) The institution will substantially comply 

12 with the requirements that apply to the institution 

13 under section 7 of the National Voter Registration 

14 Act of 1993 (52 U.S.C. 20506) or section 113 of the 

15 Automatic Voter Registration Act of 2021, as the 

16 case may be. 

17 ‘‘(D) In this paragraph— 

18 ‘‘(i) the term ‘voter registration applica19 tion’ means the mail voter registration applica20 tion form for elections for Federal office pre21 scribed pursuant to section 9 of the National 

22 Voter Registration Act of 1993 (52 U.S.C. 

23 20508); 


pbinns on DSKJLVW7X2PROD with BILLS
233 

•S 954 IS

1 ‘‘(ii) the term ‘absentee ballot’ means any 

2 ballot cast by any means other than in person 

3 and for which the State requires an application; 

4 ‘‘(iii) the term ‘distance education’ has the 

5 meaning given the term in section 103, except 

6 such term shall not include distance education 

7 that is provided due to a decision of an institu8 tion to require or encourage students of the in9 stitution to remain off-campus due to a na10 tional, State, or local public health or other 

11 emergency; and 

12 ‘‘(iv) the term ‘Federal office’ has the 

13 meaning given in section 301(3) of the Federal 

14 Election Campaign Act of 1971 (52 U.S.C. 

15 30101(3)).’’. 

16 (c) GRANTS TO INSTITUTIONS DEMONSTRATING EX17 CELLENCE IN STUDENT VOTER REGISTRATION.— 

18 (1) GRANTS AUTHORIZED.—The Secretary of 

19 Education may award competitive grants to public 

20 and private nonprofit institutions of higher edu21 cation that are subject to the requirements of sec22 tion 487(a)(23) of the Higher Education Act of 

23 1965 (20 U.S.C. 1094(a)(23)), as amended by sub24 section (b), and that the Secretary determines have 

25 demonstrated excellence in registering students to 


pbinns on DSKJLVW7X2PROD with BILLS
234 

•S 954 IS

1 vote in elections for public office beyond meeting the 

2 minimum requirements of such section. 

3 (2) ELIGIBILITY.—An institution of higher edu4 cation is eligible to receive a grant under this sub5 section if the institution submits to the Secretary of 

6 Education, at such time and in such form as the 

7 Secretary may require, an application containing 

8 such information and assurances as the Secretary 

9 may require to make the determination described in 

10 paragraph (1), including information and assurances 

11 that the institution carried out activities to promote 

12 voter registration by students, such as the following: 

13 (A) Sponsoring large on-campus voter mo14 bilization efforts. 

15 (B) Engaging the surrounding community 

16 in nonpartisan voter registration and get out 

17 the vote efforts. 

18 (C) Creating a website for students with 

19 centralized information about voter registration 

20 and election dates. 

21 (D) Inviting candidates to speak on cam22 pus. 

23 (E) Offering rides to students to the polls 

24 to increase voter education, registration, and 

25 mobilization. 


pbinns on DSKJLVW7X2PROD with BILLS
235 

•S 954 IS

1 (3) AUTHORIZATION OF APPROPRIATIONS.— 

2 There are authorized to be appropriated for fiscal 

3 year 2022 and each succeeding fiscal year such sums 

4 as may be necessary to award grants under this sub5 section. 

6 (d) SENSE OF CONGRESS RELATING TO OPTION OF

7 STUDENTS TO REGISTER IN JURISDICTION OF INSTITU8 TION OF HIGHER EDUCATION OR JURISDICTION OF DOMI9 CILE.—It is the sense of Congress that, as provided under 

10 existing law, students who attend an institution of higher 

11 education and reside in the jurisdiction of the institution 

12 while attending the institution should have the option of 

13 registering to vote in elections for Federal office in that 

14 jurisdiction or in the jurisdiction of their own domicile. 

15 SEC. 1402. MINIMUM NOTIFICATION REQUIREMENTS FOR 

16 VOTERS AFFECTED BY POLLING PLACE 

17 CHANGES. 

18 (a) REQUIREMENTS.—Section 302 of the Help Amer19 ica Vote Act of 2002 (52 U.S.C. 21082), as amended by 

20 section 701(a), is amended— 

21 (1) by redesignating subsection (f) as sub22 section (g); and 

23 (2) by inserting after subsection (e) the fol24 lowing new subsection: 


pbinns on DSKJLVW7X2PROD with BILLS
236 

•S 954 IS

1 ‘‘(f) MINIMUM NOTIFICATION REQUIREMENTS FOR

2 VOTERS AFFECTED BY POLLING PLACE CHANGES.— 

3 ‘‘(1) IN GENERAL.—If a State assigns an indi4 vidual who is a registered voter in a State to a poll5 ing place with respect to an election for Federal of6 fice which is not the same polling place to which the 

7 individual was previously assigned with respect to 

8 the most recent election for Federal office in the 

9 State in which the individual was eligible to vote— 

10 ‘‘(A) the State shall notify the individual of 

11 the location of the polling place not later than 

12 7 days before the date of the election or the 

13 first day of an early voting period (whichever 

14 occurs first); or 

15 ‘‘(B) if the State makes such an assign16 ment fewer than 7 days before the date of the 

17 election and the individual appears on the date 

18 of the election at the polling place to which the 

19 individual was previously assigned, the State 

20 shall make every reasonable effort to enable the 

21 individual to vote on the date of the election. 

22 ‘‘(2) METHODS OF NOTIFICATION.—The State 

23 shall notify an individual under subparagraph (A) of 

24 paragraph (1) by mail, telephone, and (if available) 

25 text message and electronic mail. 


pbinns on DSKJLVW7X2PROD with BILLS
237 

•S 954 IS

1 ‘‘(3) PLACEMENT OF SIGNS AT CLOSED POLL2 ING PLACES.—If a location which served as a polling 

3 place in an election for Federal office does not serve 

4 as a polling place in the next election for Federal of5 fice held in the jurisdiction involved, the State shall 

6 ensure that signs are posted at such location on the 

7 date of the election and during any early voting pe8 riod for the election containing the following infor9 mation: 

10 ‘‘(A) A statement that the location is not 

11 serving as a polling place in the election. 

12 ‘‘(B) The locations serving as polling 

13 places in the election in the jurisdiction in14 volved. 

15 ‘‘(C) Contact information, including a tele16 phone number and website, for the appropriate 

17 State or local election official through which an 

18 individual may find the polling place to which 

19 the individual is assigned for the election. 

20 ‘‘(4) EFFECTIVE DATE.—This subsection shall 

21 apply with respect to elections held on or after Janu22 ary 1, 2022.’’. 

23 (b) CONFORMING AMENDMENT.—Section 302(g) of 

24 such Act (52 U.S.C. 21082(g)), as redesignated by sub25 section (a) and as amended by section 701(b), is amended 


pbinns on DSKJLVW7X2PROD with BILLS
238 

•S 954 IS

1 by striking ‘‘(d)(2) and (e)(2)’’ and inserting ‘‘(d)(2), 

2 (e)(2), and (f)(4)’’. 

3 SEC. 1403. PERMITTING USE OF SWORN WRITTEN STATE4 MENT TO MEET IDENTIFICATION REQUIRE5 MENTS FOR VOTING. 

6 (a) PERMITTING USE OF STATEMENT.—Title III of 

7 the Help America Vote Act of 2002 (52 U.S.C. 21081 et 

8 seq.) is amended by inserting after section 303 the fol9 lowing new section: 

10 ‘‘SEC. 303A. PERMITTING USE OF SWORN WRITTEN STATE11 MENT OR STUDENT IDENTIFICATION CARD 

12 TO MEET IDENTIFICATION REQUIREMENTS. 

13 ‘‘(a) USE OF STATEMENT OR STUDENT IDENTIFICA14 TION CARD.— 

15 ‘‘(1) IN GENERAL.—Except as provided in sub16 section (c), if a State has in effect any requirement 

17 that an individual present identification as a condi18 tion of receiving and casting a ballot in an election 

19 for Federal office, the State shall permit the indi20 vidual to meet the requirement— 

21 ‘‘(A) in the case of an individual who de22 sires to vote in person, by presenting the appro23 priate State or local election official with— 

24 ‘‘(i) a sworn written statement, signed 

25 by the individual under penalty of perjury, 


pbinns on DSKJLVW7X2PROD with BILLS
239 

•S 954 IS

1 attesting to the individual’s identity and 

2 attesting that the individual is eligible to 

3 vote in the election; or 

4 ‘‘(ii) if such individual is a student en5 rolled at an institution of higher education 

6 (as defined under section 102 of the High7 er Education Act of 1965 (20 U.S.C. 

8 1002)), a student identification card as9 signed to the individual from an institution 

10 of higher education; or 

11 ‘‘(B) in the case of an individual who de12 sires to vote by mail, by submitting with the 

13 ballot— 

14 ‘‘(i) the statement described in sub15 paragraph (A)(i); or 

16 ‘‘(ii) if such individual is a student en17 rolled at an institution of higher education 

18 (as so defined), a copy of the student iden19 tification card described in subparagraph 

20 (A)(ii). 

21 ‘‘(2) DEVELOPMENT OF PRE-PRINTED VERSION

22 OF STATEMENT BY COMMISSION.—The Commission 

23 shall develop a pre-printed version of the statement 

24 described in paragraph (1)(A)(i) which includes a 

25 blank space for an individual to provide a name and 


pbinns on DSKJLVW7X2PROD with BILLS
240 

•S 954 IS

1 signature for use by election officials in States which 

2 are subject to paragraph (1). 

3 ‘‘(3) PROVIDING PRE-PRINTED COPY OF STATE4 MENT.—A State which is subject to paragraph (1) 

5 shall— 

6 ‘‘(A) make copies of the pre-printed 

7 version of the statement described in paragraph 

8 (1)(A)(i) which is prepared by the Commission 

9 available at polling places for election officials 

10 to distribute to individuals who desire to vote in 

11 person; and 

12 ‘‘(B) include a copy of such pre-printed 

13 version of the statement with each blank absen14 tee or other ballot transmitted to an individual 

15 who desires to vote by mail. 

16 ‘‘(b) REQUIRING USE OF BALLOT IN SAME MANNER

17 AS INDIVIDUALS PRESENTING IDENTIFICATION.—An in18 dividual who presents or submits a sworn written state19 ment or presents a student identification card in accord20 ance with subsection (a)(1) shall be permitted to cast a 

21 ballot in the election in the same manner as an individual 

22 who presents identification. 

23 ‘‘(c) EXCEPTION FOR FIRST-TIME VOTERS REG24 ISTERING BY MAIL.—Subsections (a) and (b) do not apply 

25 with respect to any individual described in paragraph (1) 


pbinns on DSKJLVW7X2PROD with BILLS
241 

•S 954 IS

1 of section 303(b) who is required to meet the requirements 

2 of paragraph (2) of such section.’’. 

3 (b) REQUIRING STATES TO INCLUDE INFORMATION

4 ON USE OF SWORN WRITTEN STATEMENT AND STUDENT

5 IDENTIFICATION CARD IN VOTING INFORMATION MATE6 RIAL POSTED AT POLLING PLACES.—Section 302(b)(2) of 

7 such Act (52 U.S.C. 21082(b)(2)), as amended by section 

8 172(b) and section 302(b), is amended— 

9 (1) by striking ‘‘and’’ at the end of subpara10 graph (G); 

11 (2) by striking the period at the end of sub12 paragraph (H) and inserting ‘‘; and’’; and 

13 (3) by adding at the end the following new sub14 paragraph: 

15 ‘‘(I) in the case of a State that has in ef16 fect any requirement that an individual present 

17 identification as a condition of receiving and 

18 casting a ballot in an election for Federal office, 

19 information on how an individual may meet 

20 such requirement by presenting a sworn written 

21 statement or student identification card in ac22 cordance with section 303A.’’. 

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

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

25 to section 303 the following new item: 


pbinns on DSKJLVW7X2PROD with BILLS
242 

•S 954 IS

‘‘Sec. 303A. Permitting use of sworn written statement or student identification 

card to meet identification requirements.’’. 

1 (d) EFFECTIVE DATE.—The amendments made by 

2 this section shall apply with respect to elections occurring 

3 on or after the date of the enactment of this Act. 

4 SEC. 1404. ACCOMMODATIONS FOR VOTERS RESIDING IN 

5 INDIAN LANDS. 

6 (a) ACCOMMODATIONS DESCRIBED.— 

7 (1) DESIGNATION OF BALLOT PICKUP AND COL8 LECTION LOCATIONS.—Given the widespread lack of 

9 residential mail delivery in Indian Country, an In10 dian Tribe may designate buildings as ballot pickup 

11 and collection locations with respect to an election 

12 for Federal office at no cost to the Indian Tribe. An 

13 Indian Tribe may designate one building per pre14 cinct located within Indian lands. The applicable 

15 State or political subdivision shall collect ballots 

16 from those locations. The applicable State or polit17 ical subdivision shall provide the Indian Tribe with 

18 accurate precinct maps for all precincts located with19 in Indian lands 60 days before the election. 

20 (2) PROVISION OF MAIL-IN AND ABSENTEE

21 BALLOTS.—The State or political subdivision shall 

22 provide mail-in and absentee ballots with respect to 

23 an election for Federal office to each individual who 

24 is registered to vote in the election who resides on 


pbinns on DSKJLVW7X2PROD with BILLS
243 

•S 954 IS

1 Indian lands in the State or political subdivision in2 volved without requiring a residential address or a 

3 mail-in or absentee ballot request. 

4 (3) USE OF DESIGNATED BUILDING AS RESI5 DENTIAL AND MAILING ADDRESS.—The address of a 

6 designated building that is a ballot pickup and col7 lection location with respect to an election for Fed8 eral office may serve as the residential address and 

9 mailing address for voters living on Indian lands if 

10 the tribally designated building is in the same pre11 cinct as that voter. If there is no tribally designated 

12 building within a voter’s precinct, the voter may use 

13 another tribally designated building within the In14 dian lands where the voter is located. Voters using 

15 a tribally designated building outside of the voter’s 

16 precinct may use the tribally designated building as 

17 a mailing address and may separately designate the 

18 voter’s appropriate precinct through a description of 

19 the voter’s address, as specified in section 

20 9428.4(a)(2) of title 11, Code of Federal Regula21 tions. 

22 (4) LANGUAGE ACCESSIBILITY.—In the case of 

23 a State or political subdivision that is a covered 

24 State or political subdivision under section 203 of 

25 the Voting Rights Act of 1965 (52 U.S.C. 10503), 


pbinns on DSKJLVW7X2PROD with BILLS
244 

•S 954 IS

1 that State or political subdivision shall provide ab2 sentee or mail-in voting materials with respect to an 

3 election for Federal office in the language of the ap4 plicable minority group as well as in the English lan5 guage, bilingual election voting assistance, and writ6 ten translations of all voting materials in the lan7 guage of the applicable minority group, as required 

8 by section 203 of the Voting Rights Act of 1965 (52 

9 U.S.C. 10503), as amended by subsection (b). 

10 (5) CLARIFICATION.—Nothing in this section 

11 alters the ability of an individual voter residing on 

12 Indian lands to request a ballot in a manner avail13 able to all other voters in the State. 

14 (6) DEFINITIONS.—In this section: 

15 (A) ELECTION FOR FEDERAL OFFICE.— 

16 The term ‘‘election for Federal office’’ means a 

17 general, special, primary or runoff election for 

18 the office of President or Vice President, or of 

19 Senator or Representative in, or Delegate or 

20 Resident Commissioner to, the Congress. 

21 (B) INDIAN.—The term ‘‘Indian’’ has the 

22 meaning given the term in section 4 of the In23 dian Self-Determination and Education Assist24 ance Act (25 U.S.C. 5304). 


pbinns on DSKJLVW7X2PROD with BILLS
245 

•S 954 IS

1 (C) INDIAN LANDS.—The term ‘‘Indian 

2 lands’’ includes— 

3 (i) any Indian country of an Indian 

4 Tribe, as defined under section 1151 of 

5 title 18, United States Code; 

6 (ii) any land in Alaska owned, pursu7 ant to the Alaska Native Claims Settle8 ment Act (43 U.S.C. 1601 et seq.), by an 

9 Indian Tribe that is a Native village (as 

10 defined in section 3 of that Act (43 U.S.C. 

11 1602)) or by a Village Corporation that is 

12 associated with an Indian Tribe (as de13 fined in section 3 of that Act (43 U.S.C. 

14 1602)); 

15 (iii) any land on which the seat of the 

16 Tribal Government is located; and 

17 (iv) any land that is part or all of a 

18 Tribal designated statistical area associ19 ated with an Indian Tribe, or is part or all 

20 of an Alaska Native village statistical area 

21 associated with an Indian Tribe, as defined 

22 by the Census Bureau for the purposes of 

23 the most recent decennial census. 

24 (D) INDIAN TRIBE.—The term ‘‘Indian 

25 Tribe’’ has the meaning given the term ‘‘Indian 


pbinns on DSKJLVW7X2PROD with BILLS
246 

•S 954 IS

1 tribe’’ in section 4 of the Indian Self-Deter2 mination and Education Assistance Act (25 

3 U.S.C. 5304). 

4 (E) TRIBAL GOVERNMENT.—The term 

5 ‘‘Tribal Government’’ means the recognized 

6 governing body of an Indian Tribe. 

7 (7) ENFORCEMENT.— 

8 (A) ATTORNEY GENERAL.—The Attorney 

9 General may bring a civil action in an appro10 priate district court for such declaratory or in11 junctive relief as is necessary to carry out this 

12 subsection. 

13 (B) PRIVATE RIGHT OF ACTION.— 

14 (i) A person or Tribal Government 

15 who is aggrieved by a violation of this sub16 section may provide written notice of the 

17 violation to the chief election official of the 

18 State involved. 

19 (ii) An aggrieved person or Tribal 

20 Government may bring a civil action in an 

21 appropriate district court for declaratory 

22 or injunctive relief with respect to a viola23 tion of this subsection, if— 


pbinns on DSKJLVW7X2PROD with BILLS
247 

•S 954 IS

1 (I) that person or Tribal Govern2 ment provides the notice described in 

3 clause (i); and 

4 (II)(aa) in the case of a violation 

5 that occurs more than 120 days be6 fore the date of an election for Fed7 eral office, the violation remains and 

8 90 days or more have passed since the 

9 date on which the chief election offi10 cial of the State receives the notice 

11 under clause (i); or 

12 (bb) in the case of a violation 

13 that occurs 120 days or less before 

14 the date of an election for Federal of15 fice, the violation remains and 20 

16 days or more have passed since the 

17 date on which the chief election offi18 cial of the State receives the notice 

19 under clause (i). 

20 (iii) In the case of a violation of this 

21 section that occurs 30 days or less before 

22 the date of an election for Federal office, 

23 an aggrieved person or Tribal Government 

24 may bring a civil action in an appropriate 

25 district court for declaratory or injunctive 


pbinns on DSKJLVW7X2PROD with BILLS
248 

•S 954 IS

1 relief with respect to the violation without 

2 providing notice to the chief election offi3 cial of the State under clause (i). 

4 (b) BILINGUAL ELECTION REQUIREMENTS.—Section 

5 203 of the Voting Rights Act of 1965 (52 U.S.C. 10503) 

6 is amended— 

7 (1) in subsection (b)(3)(C)), by striking ‘‘1990’’ 

8 and inserting ‘‘2010’’; and 

9 (2) by striking subsection (c) and inserting the 

10 following: 

11 ‘‘(c) PROVISION OF VOTING MATERIALS IN THE LAN12 GUAGE OF A MINORITY GROUP.— 

13 ‘‘(1) IN GENERAL.—Whenever any State or po14 litical subdivision subject to the prohibition of sub15 section (b) of this section provides any registration 

16 or voting notices, forms, instructions, assistance, or 

17 other materials or information relating to the elec18 toral process, including ballots, it shall provide them 

19 in the language of the applicable minority group as 

20 well as in the English language. 

21 ‘‘(2) EXCEPTIONS.— 

22 ‘‘(A) In the case of a minority group that 

23 is not American Indian or Alaska Native and 

24 the language of that minority group is oral or 

25 unwritten, the State or political subdivision 


pbinns on DSKJLVW7X2PROD with BILLS
249 

•S 954 IS

1 shall only be required to furnish, in the covered 

2 language, oral instructions, assistance, trans3 lation of voting materials, or other information 

4 relating to registration and voting. 

5 ‘‘(B) In the case of a minority group that 

6 is American Indian or Alaska Native, the State 

7 or political subdivision shall only be required to 

8 furnish in the covered language oral instruc9 tions, assistance, or other information relating 

10 to registration and voting, including all voting 

11 materials, if the Tribal Government of that mi12 nority group has certified that the language of 

13 the applicable American Indian or Alaska Na14 tive language is presently unwritten or the 

15 Tribal Government does not want written trans16 lations in the minority language. 

17 ‘‘(3) WRITTEN TRANSLATIONS FOR ELECTION

18 WORKERS.—Notwithstanding paragraph (2), the 

19 State or political division may be required to provide 

20 written translations of voting materials, with the 

21 consent of any applicable Indian Tribe, to election 

22 workers to ensure that the translations from English 

23 to the language of a minority group are complete, 

24 accurate, and uniform.’’. 


pbinns on DSKJLVW7X2PROD with BILLS
250 

•S 954 IS

1 (c) EFFECTIVE DATE.—This section and the amend2 ments made by this section shall apply with respect to the 

3 regularly scheduled general election for Federal office held 

4 in November 2022 and each succeeding election for Fed5 eral office. 

6 SEC. 1405. ENSURING EQUITABLE AND EFFICIENT OPER7 ATION OF POLLING PLACES. 

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

9 America Vote Act of 2002 (52 U.S.C. 21081 et seq.), as 

10 amended by section 131(a), section 201(a), section 202(a), 

11 section 203(a)(1), section 204(a), section 801(a), section 

12 901(a), section 902(a), section 903(b), and section 904(a), 

13 is amended— 

14 (1) by redesignating sections 314 and 315 as 

15 sections 316 and 317, respectively; and 

16 (2) by inserting after section 313 the following 

17 new section: 

18 ‘‘SEC. 314. ENSURING EQUITABLE AND EFFICIENT OPER19 ATION OF POLLING PLACES. 

20 ‘‘(a) PREVENTING UNREASONABLE WAITING TIMES

21 FOR VOTERS.— 

22 ‘‘(1) IN GENERAL.—Each State shall provide a 

23 sufficient number of voting systems, poll workers, 

24 and other election resources (including physical re25 sources) at a polling place used in any election for 


pbinns on DSKJLVW7X2PROD with BILLS
251 

•S 954 IS

1 Federal office, including a polling place at which in2 dividuals may cast ballots prior to the date of the 

3 election, to ensure— 

4 ‘‘(A) a fair and equitable waiting time for 

5 all voters in the State; and 

6 ‘‘(B) that no individual will be required to 

7 wait longer than 30 minutes to cast a ballot at 

8 the polling place. 

9 ‘‘(2) CRITERIA.—In determining the number of 

10 voting systems, poll workers, and other election re11 sources provided at a polling place for purposes of 

12 paragraph (1), the State shall take into account the 

13 following factors: 

14 ‘‘(A) The voting age population. 

15 ‘‘(B) Voter turnout in past elections. 

16 ‘‘(C) The number of voters registered. 

17 ‘‘(D) The number of voters who have reg18 istered since the most recent Federal election. 

19 ‘‘(E) Census data for the population served 

20 by the polling place, such as the proportion of 

21 the voting-age population who are under 25 

22 years of age or who are naturalized citizens. 

23 ‘‘(F) The needs and numbers of voters 

24 with disabilities and voters with limited English 

25 proficiency. 


pbinns on DSKJLVW7X2PROD with BILLS
252 

•S 954 IS

1 ‘‘(G) The type of voting systems used. 

2 ‘‘(H) The length and complexity of initia3 tives, referenda, and other questions on the bal4 lot. 

5 ‘‘(I) Such other factors, including relevant 

6 demographic factors relating to the population 

7 served by the polling place, as the State con8 siders appropriate. 

9 ‘‘(3) RULE OF CONSTRUCTION.—Nothing in 

10 this subsection may be construed to authorize a 

11 State to meet the requirements of this subsection by 

12 closing any polling place, prohibiting an individual 

13 from entering a line at a polling place, or refusing 

14 to permit an individual who has arrived at a polling 

15 place prior to closing time from voting at the polling 

16 place. 

17 ‘‘(4) GUIDELINES.—Not later than 180 days 

18 after the date of the enactment of this section, the 

19 Commission shall establish and publish guidelines to 

20 assist States in meeting the requirements of this 

21 subsection. 

22 ‘‘(5) EFFECTIVE DATE.—This subsection shall 

23 take effect upon the expiration of the 180-day period 

24 which begins on the date of the enactment of this 

25 subsection, without regard to whether or not the 


pbinns on DSKJLVW7X2PROD with BILLS
253 

•S 954 IS

1 Commission has established and published guidelines 

2 under paragraph (4). 

3 ‘‘(b) LIMITING VARIATIONS ON NUMBER OF HOURS

4 OF OPERATION OF POLLING PLACES WITHIN A STATE.— 

5 ‘‘(1) LIMITATION.— 

6 ‘‘(A) IN GENERAL.—Except as provided in 

7 subparagraph (B) and paragraph (2), each 

8 State shall establish hours of operation for all 

9 polling places in the State on the date of any 

10 election for Federal office held in the State 

11 such that the polling place with the greatest 

12 number of hours of operation on such date is 

13 not in operation for more than 2 hours longer 

14 than the polling place with the fewest number 

15 of hours of operation on such date. 

16 ‘‘(B) PERMITTING VARIANCE ON BASIS OF

17 POPULATION.—Subparagraph (A) does not 

18 apply to the extent that the State establishes 

19 variations in the hours of operation of polling 

20 places on the basis of the overall population or 

21 the voting age population (as the State may se22 lect) of the unit of local government in which 

23 such polling places are located. 

24 ‘‘(2) EXCEPTIONS FOR POLLING PLACES WITH

25 HOURS ESTABLISHED BY UNITS OF LOCAL GOVERNVerDate Sep 11 2014 05:45 Apr 28, 2021 Jkt 019200 PO 00000 Frm 00253 Fmt 6652 Sfmt 6201 E:\BILLS\S954.IS S954

pbinns on DSKJLVW7X2PROD with BILLS
254 

•S 954 IS

1 MENT.—Paragraph (1) does not apply in the case of 

2 a polling place— 

3 ‘‘(A) whose hours of operation are estab4 lished, in accordance with State law, by the unit 

5 of local government in which the polling place 

6 is located; or 

7 ‘‘(B) which is required pursuant to an 

8 order by a court to extend its hours of oper9 ation beyond the hours otherwise established.’’. 

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

11 of such Act, as amended by section 131(c), section 201(d), 

12 section 202(c), section 203(a)(3), section 204(c), section 

13 801(c), section 901(c), section 902(c), section 903(b), and 

14 section 904(a), is amended— 

15 (1) by redesignating the items relating to sec16 tions 314 and 315 as relating to sections 315 and 

17 316, respectively; and 

18 (2) by inserting after the item relating to sec19 tion 313 the following new item: 

‘‘Sec. 314. Ensuring equitable and efficient operation of polling places.’’. 

20 SEC. 1406. REQUIRING STATES TO PROVIDE SECURED 

21 DROP BOXES FOR VOTED ABSENTEE BAL22 LOTS IN ELECTIONS FOR FEDERAL OFFICE. 

23 (a) REQUIREMENT.—Subtitle A of title III of the 

24 Help America Vote Act of 2002 (52 U.S.C. 21081 et seq.), 

25 as amended by section 131(a), section 201(a), section 


pbinns on DSKJLVW7X2PROD with BILLS
255 

•S 954 IS

1 202(a), section 203(a)(1), section 204(a), section 801(a), 

2 section 901(a), section 902(a), section 903(b), section 

3 904(a), and section 1405(a), is amended— 

4 (1) by redesignating sections 315 and 316 as 

5 sections 316 and 317, respectively; and 

6 (2) by inserting after section 314 the following 

7 new section: 

8 ‘‘SEC. 315. USE OF SECURED DROP BOXES FOR VOTED AB9 SENTEE BALLOTS. 

10 ‘‘(a) REQUIRING USE OF DROP BOXES.—In each 

11 election jurisdiction in the State, each State shall provide 

12 in-person, secured, and clearly labeled drop boxes at which 

13 individuals may, at any time during the period described 

14 in subsection (b), drop off voted absentee ballots in an 

15 election for Federal office. 

16 ‘‘(b) MINIMUM PERIOD FOR AVAILABILITY OF DROP

17 BOXES.—The period described in this subsection is, with 

18 respect to an election, the period which begins 45 days 

19 before the date of the election and which ends at the time 

20 the polls close for the election in the election jurisdiction 

21 involved. 

22 ‘‘(c) ACCESSIBILITY.— 

23 ‘‘(1) IN GENERAL.—Each State shall ensure 

24 that the drop boxes provided under this section are 

25 accessible for use— 


pbinns on DSKJLVW7X2PROD with BILLS
256 

•S 954 IS

1 ‘‘(A) by individuals with disabilities, as de2 termined in consultation with the protection 

3 and advocacy systems (as defined in section 102 

4 of the Developmental Disabilities Assistance 

5 and Bill of Rights Act of 2000 (42 U.S.C. 

6 15002)) of the State; and 

7 ‘‘(B) by individuals with limited proficiency 

8 in the English language. 

9 ‘‘(2) DETERMINATION OF ACCESSIBILITY FOR

10 INDIVIDUALS WITH DISABILITIES.—For purposes of 

11 this subsection, drop boxes shall be considered to be 

12 accessible for use by individuals with disabilities if 

13 the drop boxes meet such criteria as the Attorney 

14 General may establish for such purposes. 

15 ‘‘(3) RULE OF CONSTRUCTION.—If a State pro16 vides a drop box under this section on the grounds 

17 of or inside a building or facility which serves as a 

18 polling place for an election during the period de19 scribed in subsection (b), nothing in this subsection 

20 may be construed to waive any requirements regard21 ing the accessibility of such polling place for the use 

22 of individuals with disabilities or individuals with 

23 limited proficiency in the English language. 

24 ‘‘(d) NUMBER OF DROP BOXES.— 


pbinns on DSKJLVW7X2PROD with BILLS
257 

•S 954 IS

1 ‘‘(1) FORMULA FOR DETERMINATION OF NUM2 BER.—The number of drop boxes provided under 

3 this section in an election jurisdiction with respect to 

4 an election shall be determined as follows: 

5 ‘‘(A) In the case of an election jurisdiction 

6 in which the number of individuals who are 

7 residents of the election jurisdiction and who 

8 are registered to vote in the election is equal to 

9 or greater than 20,000, the number of drop 

10 boxes shall be a number equal to or greater 

11 than the number of such individuals divided by 

12 20,000 (rounded to the nearest whole number). 

13 ‘‘(B) In the case of any other election ju14 risdiction, the number of drop boxes shall be 

15 equal to or greater than one. 

16 ‘‘(2) TIMING.—For purposes of this subsection, 

17 the number of individuals who reside in an election 

18 jurisdiction and who are registered to vote in the 

19 election shall be determined as of the 90th day be20 fore the date of the election. 

21 ‘‘(e) LOCATION OF DROP BOXES.—The State shall 

22 determine the location of drop boxes provided under this 

23 section in an election jurisdiction on the basis of criteria 

24 which ensure that the drop boxes are— 


pbinns on DSKJLVW7X2PROD with BILLS
258 

•S 954 IS

1 ‘‘(1) available to all voters on a non-discrimina2 tory basis; 

3 ‘‘(2) accessible to voters with disabilities (in ac4 cordance with subsection (c)); 

5 ‘‘(3) accessible by public transportation to the 

6 greatest extent possible; 

7 ‘‘(4) available during all hours of the day; and 

8 ‘‘(5) sufficiently available in all communities in 

9 the election jurisdiction, including rural communities 

10 and on Tribal lands within the election jurisdiction 

11 (subject to subsection (f)). 

12 ‘‘(f) RULES FOR DROP BOXES ON TRIBAL LANDS.— 

13 In making a determination of the number and location of 

14 drop boxes provided under this section on Tribal lands in 

15 an election jurisdiction, the appropriate State and local 

16 election officials shall— 

17 ‘‘(1) consult with Tribal leaders prior to making 

18 the determination; and 

19 ‘‘(2) take into account criteria such as the 

20 availability of direct-to-door residential mail delivery, 

21 the distance and time necessary to travel to the drop 

22 box locations (including in inclement weather), 

23 modes of transportation available, conditions of 

24 roads, and the availability (if any) of public trans25 portation. 


pbinns on DSKJLVW7X2PROD with BILLS
259 

•S 954 IS

1 ‘‘(g) TIMING OF SCANNING AND PROCESSING OF

2 BALLOTS.—For purposes of section 306(e) (relating to 

3 the timing of the processing and scanning of ballots for 

4 tabulation), a vote cast using a drop box provided under 

5 this section shall be treated in the same manner as any 

6 other vote cast during early voting. 

7 ‘‘(h) POSTING OF INFORMATION.—On or adjacent to 

8 each drop box provided under this section, the State shall 

9 post information on the requirements that voted absentee 

10 ballots must meet in order to be counted and tabulated 

11 in the election. 

12 ‘‘(i) ELECTION JURISDICTION.—For purposes of this 

13 section, the term ‘election jurisdiction’ has the same mean14 ing given to the term ‘registrar’s jurisdiction’ under sec15 tion 8(j) of the National Voter Registration Act of 1993 

16 (52 U.S.C. 20507(j)). 

17 ‘‘(j) EFFECTIVE DATE.—This section shall apply 

18 with respect to the regularly scheduled general election for 

19 Federal office held in November 2022 and each succeeding 

20 election for Federal office.’’. 

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

22 of such Act, as amended by section 131(c), section 201(d), 

23 section 202(c), section 203(a)(3), section 204(c), section 

24 801(c), section 901(c), section 902(c), section 903(b), sec25 tion 904(a), and section 1405(b), is amended— 


pbinns on DSKJLVW7X2PROD with BILLS
260 

•S 954 IS

1 (1) by redesignating the items relating to sec2 tions 315 and 316 as relating to sections 316 and 

3 317, respectively; and 

4 (2) by inserting after the item relating to sec5 tion 314 the following new item: 

‘‘Sec. 315. Use of secured drop boxes for voted absentee ballots.’’. 

6 SEC. 1407. PROHIBITING STATES FROM RESTRICTING 

7 CURBSIDE VOTING. 

8 (a) REQUIREMENT.—Subtitle A of title III of the 

9 Help America Vote Act of 2002 (52 U.S.C. 21081 et seq.), 

10 as amended by section 131(a), section 201(a), section 

11 202(a), section 203(a)(1), section 204(a), section 801(a), 

12 section 901(a), section 902(a), section 903(b), section 

13 904(a), section 1405(a), and section 1406(a), is amend14 ed— 

15 (1) by redesignating sections 316 and 317 as 

16 sections 317 and 318, respectively; and 

17 (2) by inserting after section 315 the following 

18 new section: 

19 ‘‘SEC. 316. PROHIBITING STATES FROM RESTRICTING 

20 CURBSIDE VOTING. 

21 ‘‘(a) PROHIBITION.—A State may not— 

22 ‘‘(1) prohibit any jurisdiction administering an 

23 election for Federal office in the State from utilizing 

24 curbside voting as a method by which individuals 

25 may cast ballots in the election; or 


pbinns on DSKJLVW7X2PROD with BILLS
261 

•S 954 IS

1 ‘‘(2) impose any restrictions which would ex2 clude any individual who is eligible to vote in such 

3 an election in a jurisdiction which utilizes curbside 

4 voting from casting a ballot in the election by the 

5 method of curbside voting. 

6 ‘‘(b) EFFECTIVE DATE.—This section shall apply 

7 with respect to the regularly scheduled general election for 

8 Federal office held in November 2022 and each succeeding 

9 election for Federal office.’’. 

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

11 of such Act, as amended by section 131(c), section 201(d), 

12 section 202(c), section 203(a)(3), section 204(c), section 

13 801(c), section 901(c), section 902(c), section 903(b), sec14 tion 904(a), section 1405(b), and section 1406(b), is 

15 amended— 

16 (1) by redesignating the items relating to sec17 tions 316 and 317 as relating to sections 317 and 

18 318, respectively; and 

19 (2) by inserting after the item relating to sec20 tion 315 the following new item: 

‘‘Sec. 316. Prohibiting States from restricting curbside voting.’’. 


pbinns on DSKJLVW7X2PROD with BILLS
262 

•S 954 IS

1 Subtitle B—Disaster and 

2 Emergency Contingency Plans 

3 SEC. 1411. REQUIREMENTS FOR FEDERAL ELECTION CON4 TINGENCY PLANS IN RESPONSE TO NATURAL 

5 DISASTERS AND EMERGENCIES. 

6 (a) IN GENERAL.— 

7 (1) ESTABLISHMENT.—Not later than 90 days 

8 after the date of the enactment of this Act, each 

9 State and each jurisdiction in a State which is re10 sponsible for administering elections for Federal of11 fice shall establish and make publicly available a 

12 contingency plan to enable individuals to vote in 

13 elections for Federal office during a state of emer14 gency, public health emergency, or national emer15 gency which has been declared for reasons includ16 ing— 

17 (A) a natural disaster; or 

18 (B) an infectious disease. 

19 (2) UPDATING.—Each State and jurisdiction 

20 shall update the contingency plan established under 

21 this subsection not less frequently than every 5 

22 years. 

23 (b) REQUIREMENTS RELATING TO SAFETY.—The 

24 contingency plan established under subsection (a) shall in25 clude initiatives to provide equipment and resources needVerDate Sep 11 2014 05:45 Apr 28, 2021 Jkt 019200 PO 00000 Frm 00262 Fmt 6652 Sfmt 6201 E:\BILLS\S954.IS S954

pbinns on DSKJLVW7X2PROD with BILLS
263 

•S 954 IS

1 ed to protect the health and safety of poll workers and 

2 voters when voting in person. 

3 (c) REQUIREMENTS RELATING TO RECRUITMENT OF

4 POLL WORKERS.—The contingency plan established 

5 under subsection (a) shall include initiatives by the chief 

6 State election official and local election officials to recruit 

7 poll workers from resilient or unaffected populations, 

8 which may include— 

9 (1) employees of other State and local govern10 ment offices; and 

11 (2) in the case in which an infectious disease 

12 poses significant increased health risks to elderly in13 dividuals, students of secondary schools and institu14 tions of higher education in the State. 

15 (d) ENFORCEMENT.— 

16 (1) ATTORNEY GENERAL.—The Attorney Gen17 eral may bring a civil action against any State or ju18 risdiction in an appropriate United States District 

19 Court for such declaratory and injunctive relief (in20 cluding a temporary restraining order, a permanent 

21 or temporary injunction, or other order) as may be 

22 necessary to carry out the requirements of this sec23 tion. 

24 (2) PRIVATE RIGHT OF ACTION.— 


pbinns on DSKJLVW7X2PROD with BILLS
264 

•S 954 IS

1 (A) IN GENERAL.—In the case of a viola2 tion of this section, any person who is aggrieved 

3 by such violation may provide written notice of 

4 the violation to the chief election official of the 

5 State involved. 

6 (B) RELIEF.—If the violation is not cor7 rected within 20 days after receipt of a notice 

8 under subparagraph (A), or within 5 days after 

9 receipt of the notice if the violation occurred 

10 within 120 days before the date of an election 

11 for Federal office, the aggrieved person may, in 

12 a civil action, obtain declaratory or injunctive 

13 relief with respect to the violation. 

14 (C) SPECIAL RULE.—If the violation oc15 curred within 5 days before the date of an elec16 tion for Federal office, the aggrieved person 

17 need not provide notice to the chief election of18 ficial of the State involved under subparagraph 

19 (A) before bringing a civil action under sub20 paragraph (B). 

21 (e) DEFINITIONS.— 

22 (1) ELECTION FOR FEDERAL OFFICE.—For 

23 purposes of this section, the term ‘‘election for Fed24 eral office’’ means a general, special, primary, or 

25 runoff election for the office of President or Vice 


pbinns on DSKJLVW7X2PROD with BILLS
265 

•S 954 IS

1 President, or of Senator or Representative in, or 

2 Delegate or Resident Commissioner to, the Con3 gress. 

4 (2) STATE.—For purposes of this section, the 

5 term ‘‘State’’ includes the District of Columbia, the 

6 Commonwealth of Puerto Rico, Guam, American 

7 Samoa, the United States Virgin Islands, and the 

8 Commonwealth of the Northern Mariana Islands. 

9 (f) EFFECTIVE DATE.—This section shall apply with 

10 respect to the regularly scheduled general election for Fed11 eral office held in November 2022 and each succeeding 

12 election for Federal office. 

13 Subtitle C—Improvements in Oper14 ation of Election Assistance 

15 Commission 

16 SEC. 1421. REAUTHORIZATION OF ELECTION ASSISTANCE 

17 COMMISSION. 

18 Section 210 of the Help America Vote Act of 2002 

19 (52 U.S.C. 20930) is amended— 

20 (1) by striking ‘‘for each of the fiscal years 

21 2003 through 2005’’ and inserting ‘‘for fiscal year 

22 2021 and each succeeding fiscal year’’; and 

23 (2) by striking ‘‘(but not to exceed $10,000,000 

24 for each such year)’’. 


pbinns on DSKJLVW7X2PROD with BILLS
266 

•S 954 IS

1 SEC. 1422. REQUIRING STATES TO PARTICIPATE IN POST2 GENERAL ELECTION SURVEYS. 

3 (a) REQUIREMENT.—Title III of the Help America 

4 Vote Act of 2002 (52 U.S.C. 21081 et seq.), as amended 

5 by section 1403(a), is further amended by inserting after 

6 section 303A the following new section: 

7 ‘‘SEC. 303B. REQUIRING PARTICIPATION IN POST-GENERAL 

8 ELECTION SURVEYS. 

9 ‘‘(a) REQUIREMENT.—Each State shall furnish to the 

10 Commission such information as the Commission may re11 quest for purposes of conducting any post-election survey 

12 of the States with respect to the administration of a regu13 larly scheduled general election for Federal office. 

14 ‘‘(b) EFFECTIVE DATE.—This section shall apply 

15 with respect to the regularly scheduled general election for 

16 Federal office held in November 2022 and any succeeding 

17 election.’’. 

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

19 of such Act, as amended by section 1403(c), is further 

20 amended by inserting after the item relating to section 

21 303A the following new item: 

‘‘Sec. 303B. Requiring participation in post-general election surveys.’’. 


pbinns on DSKJLVW7X2PROD with BILLS
267 

•S 954 IS

1 SEC. 1423. REPORTS BY NATIONAL INSTITUTE OF STAND2 ARDS AND TECHNOLOGY ON USE OF FUNDS 

3 TRANSFERRED FROM ELECTION ASSISTANCE 

4 COMMISSION. 

5 (a) REQUIRING REPORTS ON USE FUNDS AS CONDI6 TION OF RECEIPT.—Section 231 of the Help America 

7 Vote Act of 2002 (52 U.S.C. 20971) is amended by adding 

8 at the end the following new subsection: 

9 ‘‘(e) REPORT ON USE OF FUNDS TRANSFERRED

10 FROM COMMISSION.—To the extent that funds are trans11 ferred from the Commission to the Director of the Na12 tional Institute of Standards and Technology for purposes 

13 of carrying out this section during any fiscal year, the Di14 rector may not use such funds unless the Director certifies 

15 at the time of transfer that the Director will submit a re16 port to the Commission not later than 90 days after the 

17 end of the fiscal year detailing how the Director used such 

18 funds during the year.’’. 

19 (b) EFFECTIVE DATE.—The amendment made by 

20 subsection (a) shall apply with respect to fiscal year 2022 

21 and each succeeding fiscal year. 

22 SEC. 1424. RECOMMENDATIONS TO IMPROVE OPERATIONS 

23 OF ELECTION ASSISTANCE COMMISSION. 

24 (a) ASSESSMENT OF INFORMATION TECHNOLOGY

25 AND CYBERSECURITY.—Not later than December 31, 

26 2021, the Election Assistance Commission shall carry out 


pbinns on DSKJLVW7X2PROD with BILLS
268 

•S 954 IS

1 an assessment of the security and effectiveness of the 

2 Commission’s information technology systems, including 

3 the cybersecurity of such systems. 

4 (b) IMPROVEMENTS TO ADMINISTRATIVE COMPLAINT

5 PROCEDURES.— 

6 (1) REVIEW OF PROCEDURES.—The Election 

7 Assistance Commission shall carry out a review of 

8 the effectiveness and efficiency of the State-based 

9 administrative complaint procedures established and 

10 maintained under section 402 of the Help America 

11 Vote Act of 2002 (52 U.S.C. 21112) for the inves12 tigation and resolution of allegations of violations of 

13 title III of such Act. 

14 (2) RECOMMENDATIONS TO STREAMLINE PRO15 CEDURES.—Not later than December 31, 2021, the 

16 Commission shall submit to Congress a report on 

17 the review carried out under paragraph (1), and 

18 shall include in the report such recommendations as 

19 the Commission considers appropriate to streamline 

20 and improve the procedures which are the subject of 

21 the review. 


pbinns on DSKJLVW7X2PROD with BILLS
269 

•S 954 IS

1 SEC. 1425. REPEAL OF EXEMPTION OF ELECTION ASSIST2 ANCE COMMISSION FROM CERTAIN GOVERN3 MENT CONTRACTING REQUIREMENTS. 

4 (a) IN GENERAL.—Section 205 of the Help America 

5 Vote Act of 2002 (52 U.S.C. 20925) is amended by strik6 ing subsection (e). 

7 (b) EFFECTIVE DATE.—The amendment made by 

8 subsection (a) shall apply with respect to contracts entered 

9 into by the Election Assistance Commission on or after 

10 the date of the enactment of this Act. 

11 Subtitle D—Miscellaneous 

12 Provisions 

13 SEC. 1431. APPLICATION OF LAWS TO COMMONWEALTH OF 

14 NORTHERN MARIANA ISLANDS. 

15 (a) NATIONAL VOTER REGISTRATION ACT OF

16 1993.—Section 3(4) of the National Voter Registration 

17 Act of 1993 (52 U.S.C. 20502(4)) is amended by striking 

18 ‘‘States and the District of Columbia’’ and inserting 

19 ‘‘States, the District of Columbia, and the Commonwealth 

20 of the Northern Mariana Islands’’. 

21 (b) HELP AMERICA VOTE ACT OF 2002.— 

22 (1) COVERAGE OF COMMONWEALTH OF THE

23 NORTHERN MARIANA ISLANDS.—Section 901 of the 

24 Help America Vote Act of 2002 (52 U.S.C. 21141) 

25 is amended by striking ‘‘and the United States Vir26 gin Islands’’ and inserting ‘‘the United States Virgin 


pbinns on DSKJLVW7X2PROD with BILLS
270 

•S 954 IS

1 Islands, and the Commonwealth of the Northern 

2 Mariana Islands’’. 

3 (2) CONFORMING AMENDMENTS TO HELP

4 AMERICA VOTE ACT OF 2002.—Such Act is further 

5 amended as follows: 

6 (A) The second sentence of section 

7 213(a)(2) (52 U.S.C. 20943(a)(2)) is amended 

8 by striking ‘‘and American Samoa’’ and insert9 ing ‘‘American Samoa, and the Commonwealth 

10 of the Northern Mariana Islands’’. 

11 (B) Section 252(c)(2) (52 U.S.C. 

12 21002(c)(2)) is amended by striking ‘‘or the 

13 United States Virgin Islands’’ and inserting 

14 ‘‘the United States Virgin Islands, or the Com15 monwealth of the Northern Mariana Islands’’. 

16 (3) CONFORMING AMENDMENT RELATING TO

17 CONSULTATION OF HELP AMERICA VOTE FOUNDA18 TION WITH LOCAL ELECTION OFFICIALS.—Section 

19 90102(c) of title 36, United States Code, is amend20 ed by striking ‘‘and the United States Virgin Is21 lands’’ and inserting ‘‘the United States Virgin Is22 lands, and the Commonwealth of the Northern Mar23 iana Islands’’. 


pbinns on DSKJLVW7X2PROD with BILLS
271 

•S 954 IS

1 SEC. 1432. DEFINITION OF ELECTION FOR FEDERAL OF2 FICE. 

3 (a) DEFINITION.—Title IX of the Help America Vote 

4 Act of 2002 (52 U.S.C. 21141 et seq.) is amended by add5 ing at the end the following new section: 

6 ‘‘SEC. 907. ELECTION FOR FEDERAL OFFICE DEFINED. 

7 ‘‘For purposes of titles I through III, the term ‘elec8 tion for Federal office’ means a general, special, primary, 

9 or runoff election for the office of President or Vice Presi10 dent, or of Senator or Representative in, or Delegate or 

11 Resident Commissioner to, the Congress.’’. 

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

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

14 relating to title IX the following new item: 

‘‘Sec. 907. Election for Federal office defined.’’. 

15 SEC. 1433. NO EFFECT ON OTHER LAWS. 

16 (a) IN GENERAL.—Except as specifically provided, 

17 nothing in this title may be construed to authorize or re18 quire conduct prohibited under any of the following laws, 

19 or to supersede, restrict, or limit the application of such 

20 laws: 

21 (1) The Voting Rights Act of 1965 (52 U.S.C. 

22 10301 et seq.). 

23 (2) The Voting Accessibility for the Elderly and 

24 Handicapped Act (52 U.S.C. 20101 et seq.). 


pbinns on DSKJLVW7X2PROD with BILLS
272 

•S 954 IS

1 (3) The Uniformed and Overseas Citizens Ab2 sentee Voting Act (52 U.S.C. 20301 et seq.). 

3 (4) The National Voter Registration Act of 

4 1993 (52 U.S.C. 20501 et seq.). 

5 (5) The Americans with Disabilities Act of 

6 1990 (42 U.S.C. 12101 et seq.). 

7 (6) The Rehabilitation Act of 1973 (29 U.S.C. 

8 701 et seq.). 

9 (b) NO EFFECT ON PRECLEARANCE OR OTHER RE10 QUIREMENTS UNDER VOTING RIGHTS ACT.—The ap11 proval by any person of a payment or grant application 

12 under this title, or any other action taken by any person 

13 under this title, shall not be considered to have any effect 

14 on requirements for preclearance under section 5 of the 

15 Voting Rights Act of 1965 (52 U.S.C. 10304) or any other 

16 requirements of such Act. 

17 (c) NO EFFECT ON AUTHORITY OF STATES TO PRO18 VIDE GREATER OPPORTUNITIES FOR VOTING.—Nothing 

19 in this title or the amendments made by this title may 

20 be construed to prohibit any State from enacting any law 

21 which provides greater opportunities for individuals to reg22 ister to vote and to vote in elections for Federal office than 

23 are provided by this title and the amendments made by 

24 this title. 


pbinns on DSKJLVW7X2PROD with BILLS
273 

•S 954 IS

1 SEC. 1434. CLARIFICATION OF EXEMPTION FOR STATES 

2 WITHOUT VOTER REGISTRATION. 

3 To the extent that any provision of this title or any 

4 amendment made by this title imposes a requirement on 

5 a State relating to registering individuals to vote in elec6 tions for Federal office, such provision shall not apply in 

7 the case of any State in which, under law that is in effect 

8 continuously on and after the date of the enactment of 

9 this Act, there is no voter registration requirement for any 

10 voter in the State with respect to an election for Federal 

11 office. 

12 TITLE XV—SEVERABILITY 

13 SEC. 1501. SEVERABILITY. 

14 If any provision of this Act or amendment made by 

15 this Act, or the application of a provision or amendment 

16 to any person or circumstance, is held to be unconstitu17 tional, the remainder of this Act and amendments made 

18 by this Act, and the application of the provisions and 

19 amendment to any person or circumstance, shall not be 

20 affected by the holding. 

Æ 


pbinns on DSKJLVW7X2PROD with BILLS