I 

108TH CONGRESS 

2D SESSION H. R. 4758 

To amend the National Voter Registration Act of 1993 to prohibit States 

from removing individuals from the official list of eligible voters for 

Federal elections in the State by reason of criminal conviction unless 

the removal is carried out in accordance with standards providing notice 

and an opportunity for an appeal, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 6, 2004 

Mr. WEXLER introduced the following bill; which was referred to the 

Committee on House Administration 

A BILL 

To amend the National Voter Registration Act of 1993 to 

prohibit States from removing individuals from the official list of eligible voters for Federal elections in the 

State by reason of criminal conviction unless the removal 

is carried out in accordance with standards providing 

notice and an opportunity for an appeal, 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. 

4 This Act may be cited as the ‘‘Fair and Open Voting 

5 Standards Act of 2004’’. 
2 

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1 SEC. 2. STANDARDS FOR REMOVAL OF INDIVIDUALS FROM 

2 OFFICIAL LIST OF ELIGIBLE VOTERS BY REA3 SON OF CRIMINAL CONVICTION. 

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

5 Registration Act of 1993 (42 U.S.C. 1973gg–6) is amend6 ed— 

7 (1) by redesignating subsection (j) as sub8 section (k); and 

9 (2) by inserting after subsection (i) the fol10 lowing new subsection: 

11 ‘‘(j) STANDARDS FOR REMOVAL OF INDIVIDUALS

12 FROM LIST OF ELIGIBLE VOTERS BY REASON OF CRIMI13 NAL CONVICTION.— 

14 ‘‘(1) PROHIBITING REMOVAL NOT IN COMPLI15 ANCE WITH STANDARDS.—A State may not remove 

16 a registrant from the official list of eligible voters for 

17 an election for Federal office by reason of criminal 

18 conviction unless the State certifies to the Election 

19 Assistance Commission that the State has in effect 

20 procedures for such removal which meet the require21 ments of this subsection and any other requirements 

22 applicable under this section. 

23 ‘‘(2) MINIMUM NOTICE PRIOR TO REMOVAL.— 

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

25 other requirements applicable under this sec26 tion, a State may not remove a registrant from 
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1 the official list of eligible voters for an election 

2 for Federal office by reason of criminal convic3 tion unless the State provides the registrant 

4 with a notice of removal meeting the require5 ments of subparagraph (B)— 

6 ‘‘(i) not later than 60 days before the 

7 date of the election; and 

8 ‘‘(ii) not later than 90 days before the 

9 date of removal. 

10 ‘‘(B) REQUIREMENTS FOR NOTICE.—The 

11 notice required under this subparagraph shall 

12 be sent by forwardable mail, and shall include 

13 the following: 

14 ‘‘(i) A statement that the State in15 tends to remove the registrant from the of16 ficial list of eligible voters for elections for 

17 Federal office. 

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

19 removal, including sufficient identifying in20 formation on the criminal conviction al21 leged to be the basis for removal to enable 

22 the registrant to determine whether the 

23 registrant was convicted of the offense 

24 cited in the notice. 
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1 ‘‘(iii) A statement that the registrant 

2 may appeal the removal in accordance with 

3 the procedures established under para4 graph (3). 

5 ‘‘(iv) A postage pre-paid and pre-ad6 dressed envelope and a clear list of contact 

7 information for the appropriate state elec8 tion official that includes a mailing ad9 dress, telephone number, and fax number. 

10 ‘‘(3) AVAILABILITY OF APPEAL.— 

11 ‘‘(A) IN GENERAL.—A State shall establish 

12 administrative procedures meeting the require13 ments of this paragraph under which a reg14 istrant who receives a notice of removal under 

15 paragraph (2) may file a written appeal to an 

16 appropriate State election official to withdraw 

17 the notice and retain the registrant on the offi18 cial list of eligible voters. 

19 ‘‘(B) DEADLINE.—A State may establish a 

20 deadline for the filing of an appeal under this 

21 paragraph, except that the deadline may not 

22 occur earlier than the expiration of the 30-day 

23 period which begins on the date a registrant re24 ceives the notice of removal under paragraph 

25 (2). 
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1 ‘‘(C) CONTENTS.—A registrant filing an 

2 appeal may include in the appeal such informa3 tion and evidence as the registrant considers 

4 appropriate to show that the registrant is not 

5 subject to removal from the list under State 

6 law, including information and evidence show7 ing that the registrant was not convicted of the 

8 criminal offense cited in the notice. 

9 ‘‘(D) RESPONSE BY STATE.—Not later 

10 than 10 days after a registrant files an appeal, 

11 the State shall review the information and evi12 dence included and accept or reject the appeal, 

13 and shall notify the registrant in writing of its 

14 decision. 

15 ‘‘(E) NO REMOVAL PERMITTED WHILE AP16 PEAL IS PENDING.—If a registrant files an ap17 peal under subparagraph (A), the State may 

18 not remove a registrant from the official list of 

19 eligible voters until a final decision is reached 

20 on the appeal.’’. 

21 (b) CONFORMING AMENDMENT.—Section 8(a)(3)(B) 

22 of such Act (42 U.S.C. 1973gg–6(a)(3)(B)) is amended 

23 by striking ‘‘State law,’’ and inserting ‘‘State law and con24 sistent with the requirements of subsection (j),’’. 
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1 (c) EFFECTIVE DATE.—The amendments made by 

2 this Act shall apply with respect to the regularly scheduled 

3 general election for Federal office held in November 2004 

4 and any succeeding Federal election. 

Æ