II 

109TH CONGRESS 

1ST SESSION S. 414 

To amend the Help America Vote Act of 2002 to protect the right of 

Americans to vote through the prevention of voter fraud, and for other 

purposes. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 17, 2005 

Mr. MCCONNELL (for himself and Mr. BOND) introduced the following bill; 

which was read twice and referred to the Committee on Rules and Administration 

A BILL 

To amend the Help America Vote Act of 2002 to protect 

the right of Americans to vote through the prevention 

of voter fraud, 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; TABLE OF CONTENTS. 

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

5 ‘‘Voter Protection Act of 2005’’. 

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

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Findings. 
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TITLE I—VOTER REGISTRATION AND MAINTENANCE OF 

OFFICIAL LISTS OF REGISTERED VOTERS 

Sec. 101. Requirements for voters who register other than in person with an 

officer or employee of a State or local government entity. 

Sec. 102. Removal of registrants from voting rolls for failure to vote. 

Sec. 103. Use of social security numbers for voter registration and election administration. 

Sec. 104. Synchronization of State databases. 

Sec. 105. Incomplete registration forms. 

Sec. 106. Requirements for submission of registration forms by third parties. 

TITLE II—VOTING 

Sec. 201. Voter rolls. 

Sec. 202. Return of absentee ballots. 

Sec. 203. Identification requirement. 

Sec. 204. Clarification of counting of provisional ballots. 

Sec. 205. Applications for absentee ballots. 

Sec. 206. Pilot program for use of indelible ink at polling places. 

TITLE III—CRIMINAL PENALTIES 

Sec. 301. Penalty for making expenditures to persons to register. 

Sec. 302. Penalty for conspiracy to influence voting. 

Sec. 303. Penalty for destruction of property with intent to impede the act of 

voting. 

1 SEC. 2. FINDINGS. 

2 Congress makes the following findings: 

3 (1) There is a need for Congress to encourage 

4 and enable every eligible and registered American to 

5 vote. 

6 (2) There is a need for Congress to protect the 

7 franchise of all Americans by rooting out the poten8 tial for fraud in the electoral system. 

9 (3) There is a need for Congress to provide 

10 States the tools necessary to protect against fraud in 

11 multiple, fictitious, and ineligible voter registrations. 

12 (4) There is a need for Congress to ensure com13 pleted and valid voter registration forms are re-
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1 turned for processing so as to not disenfranchise 

2 voters who believe they have been properly reg3 istered. 

4 (5) There is a need for Congress to provide 

5 States the tools necessary to protect against any 

6 American casting more than one ballot and ensuring 

7 poll workers are equipped to identify those who 

8 voted prior to election day. 

9 (6) There is a need for Congress to ensure the 

10 accuracy, integrity, and fairness of every American 

11 election. 

12 (7) There is a need for Congress to ensure the 

13 protection of every American’s franchise is carried 

14 out in a uniform and nondiscriminatory manner. 

15 TITLE I—VOTER REGISTRATION 

16 AND MAINTENANCE OF OFFI17 CIAL LISTS OF REGISTERED 

18 VOTERS 

19 SEC. 101. REQUIREMENTS FOR VOTERS WHO REGISTER 

20 OTHER THAN IN PERSON WITH AN OFFICER 

21 OR EMPLOYEE OF A STATE OR LOCAL GOV22 ERNMENT ENTITY. 

23 (a) IN GENERAL.— 

24 (1) APPLICATION OF REQUIREMENTS TO VOT25 ERS REGISTERING OTHER THAN IN PERSON.—Sub-
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1 paragraph (A) of section 303(b)(1) of the Help 

2 America Vote Act of 2002 (42 U.S.C. 

3 15483(b)(1)(A)) is amended to read as follows: 

4 ‘‘(A) the individual registered to vote in a 

5 jurisdiction in a manner other than appearing 

6 in person before an officer or employee of a 

7 State or local government entity; and’’. 

8 (2) MEANING OF IN PERSON.—Paragraph (1) 

9 of section 303(b) of such Act is amended by insert10 ing at the end the following: 

11 ‘‘For purposes of subparagraph (A), an individual 

12 shall not be considered to have registered in person 

13 if the registration is submitted to an officer or em14 ployee of a State or local government entity by a 

15 person other than the person whose name appears 

16 on the voter registration form.’’. 

17 (3) CONFORMING AMENDMENTS.— 

18 (A) The heading for subsection (b) of sec19 tion 303 of such Act is amended by striking 

20 ‘‘WHO REGISTER BY MAIL’’ and inserting ‘‘WHO

21 DO NOT REGISTER IN PERSON’’. 

22 (B) The heading for section 303 of such 

23 Act is amended by striking ‘‘REQUIREMENTS

24 FOR VOTERS WHO REGISTER BY MAIL’’ and 
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1 inserting ‘‘VOTER REGISTRATION REQUIRE2 MENTS’’. 

3 (b) EFFECTIVE DATE.— 

4 (1) IN GENERAL.—The amendments made by 

5 this section shall apply on and after January 1, 

6 2006. 

7 (2) CONFORMING AMENDMENTS.— 

8 (A) Paragraph (2) of section 303(d) of the 

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

10 15483(d)(2)) is amended by inserting at the 

11 end the following new subparagraph: 

12 ‘‘(C) APPLICABILITY WITH RESPECT TO

13 INDIVIDUALS WHO REGISTER OTHER THAN IN

14 PERSON.—Notwithstanding subparagraphs (A) 

15 and (B)— 

16 ‘‘(i) each State and jurisdiction shall 

17 be required to comply with the provisions 

18 of subsection (b) with respect to individ19 uals who register to vote in a jurisdiction 

20 in a manner other than appearing in per21 son before an officer or employee of a 

22 State or local government entity on and 

23 after January 1, 2006; and 

24 ‘‘(ii) the provisions of subsection (b) 

25 shall apply to any individual who registers 
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1 to vote in a jurisdiction in a manner other 

2 than appearing in person before an officer 

3 or employee of a State or local government 

4 on and after January 1, 2006.’’. 

5 (B) The heading for paragraph (2) of sec6 tion 303(d) of such Act is amended by striking 

7 ‘‘WHO REGISTER BY MAIL’’. 

8 (C) Subparagraph (A) of section 303(d)(2) 

9 of such Act is amended by inserting ‘‘with re10 spect to individuals who register by mail’’ after 

11 ‘‘subsection (b)’’. 

12 (D) Subparagraph (B) of section 303(d)(2) 

13 of such Act is amended by inserting ‘‘by mail’’ 

14 after ‘‘registers to vote’’. 

15 SEC. 102. REMOVAL OF REGISTRANTS FROM VOTING ROLLS 

16 FOR FAILURE TO VOTE. 

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

18 Registration Act of 1994 (42 U.S.C. 1973gg–6) is amend19 ed by redesignating subsections (h), (i), and (j) as sub20 sections (i), (j), and (k), respectively, and by inserting 

21 after subsection (g) the following new subsection: 

22 ‘‘(h) FAILURE TO VOTE.—Except as otherwise pro23 vided in subsection (d), a State shall not remove the name 

24 of a registrant from the official list of eligible voters in 
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1 elections for Federal office on the ground that the reg2 istrant has failed to vote unless— 

3 ‘‘(1) the registrant has not voted or appeared to 

4 vote in 2 consecutive general elections for Federal 

5 office; and 

6 ‘‘(2)(A) the registrant has not notified the ap7 plicable registrar (in person or in writing) during the 

8 period described in subparagraph (A) that the indi9 vidual intends to remain registered in the registrar’s 

10 jurisdiction; and 

11 ‘‘(B) the applicable registrar has sent a notice 

12 which meets the requirements of paragraph (d)(2) 

13 and the notice is undeliverable.’’. 

14 (b) CONFORMING AMENDMENTS.— 

15 (1) Section 8(a)(4) of the National Voter Reg16 istration Act of 1993 (42 U.S.C. 1973gg–6(a)(4)) is 

17 amended by striking ‘‘or’’ at the end of subpara18 graph (A), by inserting ‘‘or’’ at the end of subpara19 graph (B), and by adding at the end the following 

20 new subparagraph: 

21 ‘‘(C) a failure to vote in 2 consecutive gen22 eral elections for Federal office, in accordance 

23 with subsection (h) of this section;’’. 

24 (2) Section 8(b) of the National Voter Registra25 tion Act of 1993 (42 U.S.C. 1973gg–6(b)) is amend-
8 

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1 ed by striking ‘‘roll for elections for Federal office’’ 

2 and all that follows and inserting the following ‘‘roll 

3 for elections for Federal office shall be uniform, non4 discriminatory, and in compliance with the Voting 

5 Rights Act of 1965 (42 U.S.C. 1973 et seq.).’’. 

6 SEC. 103. USE OF SOCIAL SECURITY NUMBERS FOR VOTER 

7 REGISTRATION AND ELECTION ADMINISTRA8 TION. 

9 (a) IN GENERAL.—Section 205(c)(2) of the Social 

10 Security Act (42 U.S.C. 405(c)(2)) is amended by adding 

11 at the end the following new subparagraph: 

12 ‘‘(I)(i) It is the policy of the United States 

13 that any State (or political subdivision thereof) 

14 may, in the administration of any voter reg15 istration or other election law, use the social se16 curity account numbers issued by the Commis17 sioner of Social Security for the purpose of es18 tablishing the identification of individuals af19 fected by such law, and may require any indi20 vidual who is, or appears to be, so affected to 

21 furnish to such State (or political subdivision 

22 thereof) or any agency thereof having adminis23 trative responsibility for the law involved, the 

24 social security account number (or numbers, if 

25 such individual has more than one such num-
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1 ber) issued to such individual by the Commis2 sioner of Social Security. 

3 ‘‘(ii) For purposes of clause (i), an agency 

4 of a State (or political subdivision thereof) 

5 charged with the administration of any voter 

6 registration or other election law that did not 

7 use the social security account number for iden8 tification under a law or regulation adopted be9 fore January 1, 2005, may require an indi10 vidual to disclose his or her social security num11 ber to such agency solely for the purpose of ad12 ministering the laws referred to in such clause. 

13 ‘‘(iii) If, and to the extent that, any provi14 sion of Federal law enacted before the date of 

15 enactment of the Voter Protection Act of 2005 

16 is inconsistent with the policy set forth in 

17 clause (i), such provision shall, on and after the 

18 date of the enactment of such Act, be null, void, 

19 and of no effect.’’. 

20 (b) CONSTRUCTION.—Nothing in this section or the 

21 amendment made by this section may be construed to su22 persede any privacy guarantee under any Federal or State 

23 law that applies with respect to a social security number. 
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1 SEC. 104. SYNCHRONIZATION OF STATE DATABASES. 

2 (a) IN GENERAL.—Subparagraph (A) of section 

3 303(a)(1) of the Help America Vote Act of 2002 (42 

4 U.S.C. 15483(a)(1)(A)) is amended by adding at the end 

5 the following: 

6 ‘‘(ix) The computerized list shall be in 

7 a format which allows for sharing and syn8 chronization with other State computerized 

9 lists.’’. 

10 (b) EFFECTIVE DATE.— 

11 (1) IN GENERAL.—Paragraph (1) of section 

12 303(d) of the Help America Vote Act of 2002 (42 

13 U.S.C. 15483(d)(1)) is amended by adding at the 

14 end the following: 

15 ‘‘(C) SYNCHRONIZATION OF DATABASES.— 

16 Each State and jurisdiction shall be required to 

17 comply with the requirements of subsection 

18 (a)(1)(A)(ix) on and after January 1, 2007.’’. 

19 (2) CONFORMING AMENDMENT.—Subparagraph 

20 (A) of section 303(d)(1) of the Help America Vote 

21 Act of 2002 (42 U.S.C. 15483(d)(1)(A)) is amended 

22 by striking ‘‘subparagraph (B)’’ and inserting ‘‘sub23 paragraphs (B) and (C)’’. 
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1 SEC. 105. INCOMPLETE REGISTRATION FORMS. 

2 (a) IN GENERAL.—Subparagraph (B) of section 

3 303(b)(4) of the Help America Vote Act of 2002 (42 

4 U.S.C. 15483(b)(4)(B)) is amended to read as follows: 

5 ‘‘(B) INCOMPLETE FORMS.—If an appli6 cant for voter registration fails to answer the 

7 question included on the mail voter registration 

8 form pursuant to subparagraph (A)(i), the reg9 istrar shall return the incomplete voter registra10 tion form to the applicant and provide the ap11 plicant with an opportunity to complete the reg12 istration form.’’. 

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

14 this section shall apply to any individual who registers to 

15 vote on or after January 1, 2006. 

16 SEC. 106. REQUIREMENTS FOR SUBMISSION OF REGISTRA17 TION FORMS BY THIRD PARTIES. 

18 (a) IN GENERAL.—Section 303 of the Help America 

19 Vote Act of 2002 (42 U.S.C. 15483(b)), as amended by 

20 this Act, is amended by redesignating subsection (d) as 

21 subsection (e) and by inserting after subsection (c) the fol22 lowing new subsection: 

23 ‘‘(d) REQUIREMENTS FOR SUBMISSION OR REG24 ISTRATION FORMS BY THIRD PARTIES.—Notwithstanding 

25 section 8(a) of the National Voter Registration Act of 

26 1993 (42 U.S.C. 1973gg–6(a)), no State shall register any 
12 

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1 person to vote in an election for Federal office if the reg2 istration form is submitted— 

3 ‘‘(1) by a person other than the person whose 

4 name appears on such form; and 

5 ‘‘(2) more than 3 days after the date on which 

6 such form was signed by the registrant.’’. 

7 (b) CONFORMING AMENDMENT.—Section 906(a) of 

8 the Help America Vote Act of 2002 (42 U.S.C. 15545(a)) 

9 is amended by striking ‘‘section 303(b)’’ and inserting 

10 ‘‘subsections (b) and (d) of section 303’’. 

11 (c) EFFECTIVE DATE.—Subsection (e) of section 303 

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

13 15483(d)), as redesignated by subsection (a), is amended 

14 by adding at the end the following new paragraph: 

15 ‘‘(3) REQUIREMENT FOR SUBMISSION OF REG16 ISTRATION FORMS BY THIRD PARTIES.—Each State 

17 shall be required to comply with the requirements of 

18 subsection (d) on and after January 1, 2006.’’. 

19 TITLE II—VOTING 

20 SEC. 201. VOTER ROLLS. 

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

22 Vote Act of 2002 (42 U.S.C. 15481 et seq.) is amended 

23 by redesignating sections 304 and 305 as sections 305 and 

24 306, respectively, and by inserting after section 303 the 

25 following new section: 
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1 ‘‘SEC. 304. VOTER ROLLS. 

2 ‘‘(a) IN GENERAL.—If a State allows early voting or 

3 absentee voting for a Federal office, then such State shall 

4 be required to ensure that the voter rolls at each polling 

5 location on the day of the election accurately and affirma6 tively indicate— 

7 ‘‘(1) which individuals have voted prior to such 

8 day; and 

9 ‘‘(2) which individuals have requested an absen10 tee ballot for such election. 

11 ‘‘(b) RULE FOR PERSONS NOT VOTING IN PER12 SON.—For purposes of subsection (a)(1), a State shall af13 firmatively indicate that an individual who has not voted 

14 in person has voted if the State has received a ballot from 

15 such individual prior to the day of the election. 

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

17 shall be required to comply with the requirements of this 

18 section on and after January 1, 2006.’’. 

19 (b) CONFORMING AMENDMENT.—Section 401 of the 

20 Help America Vote Act of 2002 (42 U.S.C. 15511) is 

21 amended by striking ‘‘and 303’’ and inserting ‘‘303, and 

22 304’’. 

23 SEC. 202. RETURN OF ABSENTEE BALLOTS. 

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

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

26 by this Act, is amended by redesignating sections 305 and 
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1 306 as sections 306 and 307, respectively, and by insert2 ing after section 304 the following new section. 

3 ‘‘SEC. 305. RETURN OF ABSENTEE BALLOTS. 

4 ‘‘(a) IN GENERAL.—Except as provided in the Uni5 formed and Overseas Citizens Absentee Voting Act, each 

6 absentee ballot cast for a Federal office must be received 

7 by the State by the close of business on the day of the 

8 election in order to be counted as a valid ballot. 

9 ‘‘(b) EFFECTIVE DATE.—Each State and jurisdiction 

10 shall be required to comply with the requirements of sub11 section (a) on and after January 1, 2006.’’. 

12 (b) CONFORMING AMENDMENT.—Section 401 of the 

13 Help America Vote Act of 2002 (42 U.S.C. 15511), as 

14 amended by this Act, is amended by striking ‘‘and 304’’ 

15 and inserting ‘‘304, and 305’’. 

16 SEC. 203. IDENTIFICATION REQUIREMENT. 

17 (a) REQUIREMENT FOR VOTERS WHO REGISTER BY

18 MAIL AND OTHER THAN IN PERSON.— 

19 (1) IN GENERAL.—Subparagraph (A) of section 

20 303(b)(2) of the Help America Vote Act of 2002 (42 

21 U.S.C. 15483(b)(2)(A)) is amended— 

22 (A) in clause (i)— 

23 (i) by inserting ‘‘issued by a govern24 ment entity’’ after ‘‘identification’’ in sub25 clause (I); and 
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1 (ii) by striking ‘‘current utility bill, 

2 bank statement, government check, pay3 check, or other’’ in subclause (II) and in4 serting ‘‘recent’’; and 

5 (B) in clause (ii) — 

6 (i) by inserting ‘‘issued by a govern7 ment entity’’ after ‘‘identification’’ in sub8 clause (I); and 

9 (ii) by striking ‘‘current utility bill, 

10 bank statement, government check, pay11 check, or other’’ in subclause (II) and in12 serting ‘‘recent’’. 

13 (2) INAPPLICABILITY.—Paragraph (3) of sec14 tion 303(b) of the Help America Vote Act of 2002 

15 (42 U.S.C. 15483(b)(3)) is amended— 

16 (A) in subparagraph (A)— 

17 (i) by striking ‘‘part of such’’ and in18 serting ‘‘a requirement for a valid’’; 

19 (ii) by inserting ‘‘issued by a govern20 ment entity’’ after ‘‘identification’’ in 

21 clause (i); and 

22 (iii) by striking ‘‘current utility bill, 

23 bank statement, government check, pay24 check, or other’’ in clause (ii) and inserting 

25 ‘‘recent’’; and 
16 

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1 (B) in subparagraph (B)(i), by striking 

2 ‘‘with such’’ and inserting ‘‘as a requirement 

3 for a valid’’. 

4 (3) EFFECTIVE DATE.—The amendments made 

5 by this subsection shall apply to individuals who reg6 ister to vote on and after January 1, 2006, and each 

7 State and jurisdiction shall be required to comply 

8 with the requirements of section 303(b) of the Help 

9 America Vote Act of 2002, as amended by this sec10 tion, on and after January 1, 2006. 

11 (b) NEW REQUIREMENT FOR INDIVIDUALS VOTING

12 IN PERSON.— 

13 (1) IN GENERAL.—Title III of the Help Amer14 ica Vote Act of 2002 (42 U.S.C. 15481 et seq.), as 

15 amended by this Act, is amended by redesignating 

16 sections 306 and 307 as sections 307 and 308, re17 spectively, and by inserting after section 305 the fol18 lowing new section: 

19 ‘‘SEC. 306. IDENTIFICATION OF VOTERS AT THE POLLS. 

20 ‘‘(a) IN GENERAL.—Notwithstanding the require21 ments of section 303(b), each State shall require individ22 uals casting ballots in an election for Federal office in per23 son to present a current valid photo identification issued 

24 by a governmental entity before voting. 
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1 ‘‘(b) EFFECTIVE DATE.—Each State shall be re2 quired to comply with the requirements of subsection (a) 

3 on and after January 1, 2006.’’. 

4 (2) CONFORMING AMENDMENT.—Section 401 

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

6 15511), as amended by this Act, is amended by 

7 striking ‘‘and 305’’ and inserting ‘‘305, and 306’’. 

8 (c) FUNDING FOR FREE PHOTO IDENTIFICATIONS.— 

9 Subtitle D of title II of the Help America Vote Act of 

10 2002 (42 U.S.C. 15401 et seq.) is amended by adding at 

11 the end the following: 

12 ‘‘PART 7—PHOTO IDENTIFICATION 

13 ‘‘SEC. 297. PAYMENTS FOR FREE PHOTO IDENTIFICATION. 

14 ‘‘(a) IN GENERAL.—In addition to any other pay15 ments made under this subtitle, the Election Assistance 

16 Commission shall make payments to States to promote the 

17 issuance to registered voters of free photo identifications 

18 for purposes of meeting the identification requirements of 

19 sections 303(b)(2) and 306. 

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

21 grant under this part if it submits to the Commission (at 

22 such time and in such form as the Commission may re23 quire) an application containing— 
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1 ‘‘(1) a statement that the State intends to com2 ply with the requirements of section 303(b) and sec3 tion 306; and 

4 ‘‘(2) a description of how the State intends to 

5 use the payment under this part to provide reg6 istered voters with free photo identifications to meet 

7 the requirements of such sections. 

8 ‘‘(c) USE OF FUNDS.—A State receiving a payment 

9 under this part shall use the payment only to provide free 

10 photo identification cards to registered voters who do not 

11 have an identification card that meets the requirements 

12 of sections 303(b) and 306. 

13 ‘‘(d) ALLOCATION OF FUNDS.— 

14 ‘‘(1) IN GENERAL.—The amount of the grant 

15 made to a State under this part for a year shall be 

16 equal to the product of— 

17 ‘‘(A) the total amount appropriated for 

18 payments under this part for the year under 

19 section 298; and 

20 ‘‘(B) an amount equal to— 

21 ‘‘(i) the voting age population of the 

22 State (as reported in the most recent de23 cennial census); divided by 

24 ‘‘(ii) the total voting age of all eligible 

25 States which submit an application for 
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1 payments under this part (as reported in 

2 the most recent decennial census). 

3 ‘‘SEC. 298. AUTHORIZATION OF APPROPRIATIONS. 

4 ‘‘(a) IN GENERAL.—In addition to any other 

5 amounts authorized to be appropriated under this subtitle, 

6 there are authorized to be appropriated $25,000,000 for 

7 fiscal year 2006 and such sums as are necessary for each 

8 subsequent fiscal year for the purpose of making payments 

9 under section 297. 

10 ‘‘(b) AVAILABILITY.—Any amounts appropriated 

11 pursuant to the authority of this section shall remain 

12 available until expended.’’. 

13 SEC. 204. CLARIFICATION OF COUNTING OF PROVISIONAL 

14 BALLOTS. 

15 (a) IN GENERAL.—Paragraph (4) of section 302(a) 

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

17 15482(a)(4)) is amended by adding at the end the fol18 lowing new sentence: ‘‘For purposes of this paragraph, the 

19 determination of whether an individual is eligible under 

20 State law to vote shall take into account any provision of 

21 State law with respect to the polling site at which the indi22 vidual is required to vote.’’. 

23 (b) CONFORMING AMENDMENT.— 
20 

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1 (1) Paragraph (1) of section 302(a) of the Help 

2 America Vote Act of 2002 (42 U.S.C. 15482(a)(1)) 

3 is amended to read as follows: 

4 ‘‘(1) An election official at the polling place 

5 shall— 

6 ‘‘(A) notify the individual that the indi7 vidual may cast a provisional ballot in that elec8 tion; and 

9 ‘‘(B) in the case of an individual who the 

10 election official asserts is not eligible to vote 

11 under State law because the individual is at an 

12 incorrect polling site, direct the individual to 

13 the appropriate polling site.’’. 

14 (2) Paragraph (2) of section 302(a) of the Help 

15 America Vote Act of 2002 (42 U.S.C. 15482(a)(2)) 

16 is amended by striking ‘‘The individual’’ and insert17 ing ‘‘Notwithstanding the requirement of paragraph 

18 (1)(B), the individual’’. 

19 SEC. 205. APPLICATIONS FOR ABSENTEE BALLOTS. 

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

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

22 by this Act, is amended by redesignating sections 307 and 

23 308 as sections 308 and 309, respectively, and by insert24 ing after section 306 the following new section: 
21 

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1 ‘‘SEC. 307. APPLICATIONS FOR ABSENTEE BALLOTS. 

2 ‘‘(a) IN GENERAL.—An application for an absentee 

3 ballot for an election for Federal office may not be accept4 ed and processed by a State unless the application in5 cludes— 

6 ‘‘(1) in the case of an applicant who has been 

7 issued a current and valid driver’s license, the appli8 cant’s driver’s license number; or 

9 ‘‘(2) in the case of any other applicant— 

10 ‘‘(A) a photo copy of a current and valid 

11 photo identification issued by a government en12 tity; 

13 ‘‘(B) at least the last 4 digits of the appli14 cant’s social security number; or 

15 ‘‘(C) the number assigned to such indi16 vidual under section 303(a)(5)(A)(ii). 

17 ‘‘(b) EFFECTIVE DATE.—Each State shall be re18 quired to comply with the requirements of subsection (a) 

19 on and after January 1, 2006.’’. 

20 (b) CONFORMING AMENDMENT.—Section 401 of the 

21 Help America Vote Act of 2002 (42 U.S.C. 15511), as 

22 amended by this Act, is amended by striking ‘‘and 306’’ 

23 and inserting ‘‘306, and 307’’. 
22 

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1 SEC. 206. PILOT PROGRAM FOR USE OF INDELIBLE INK AT 

2 POLLING PLACES. 

3 Subtitle D of title II of the Help America Vote Act 

4 of 2002 (42 U.S.C. 15401 et seq.), as amended by this 

5 Act, is amended by adding at the end the following: 

6 ‘‘PART 8—PILOT PROGRAM FOR USE OF 

7 INDELIBLE INK AT POLLING PLACES 

8 ‘‘SEC. 299. PILOT PROGRAM. 

9 ‘‘(a) IN GENERAL.—The Commission shall make 

10 grants to States to carry out pilot programs under which 

11 each voter in an election for Federal office in a State is 

12 marked with indelible ink after submitting a ballot. 

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

14 grant under this part if it submits to the Commission, at 

15 such time and in such form as the Commission may re16 quire, an application containing such information as the 

17 Commission may require. 

18 ‘‘(c) REPORT.— 

19 ‘‘(1) IN GENERAL.—Each State which receives 

20 a grant under this part shall submit to the Commis21 sion a report describing the activities carried out 

22 with the funds provided under the grant. 

23 ‘‘(2) DEADLINE.—A State shall submit the re24 port required under paragraph (1) not later than 60 

25 days after the end of the fiscal year for which the 
23 

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1 State received the grant which is the subject of the 

2 report. 

3 ‘‘SEC. 300. AUTHORIZATION OF APPROPRIATIONS. 

4 ‘‘(a) IN GENERAL.—There are authorized to be ap5 propriated for grants under this part $5,000,000 for fiscal 

6 year 2006 and such sums as are necessary for each suc7 ceeding fiscal year. 

8 ‘‘(b) AVAILABILITY.—Any amounts appropriated 

9 pursuant to the authority of this section shall remain 

10 available, without fiscal year limitation, until expended.’’. 

11 TITLE III—CRIMINAL PENALTIES 

12 SEC. 301. PENALTY FOR MAKING EXPENDITURES TO PER13 SONS TO REGISTER. 

14 Section 597 of title 18, United States Code, is 

15 amended by inserting ‘‘to register him to vote,’’ after ‘‘ei16 ther’’. 

17 SEC. 302. PENALTY FOR CONSPIRACY TO INFLUENCE VOT18 ING. 

19 Section 597 of title 18, United States Code, as 

20 amended by this Act, is amended by striking ‘‘makes or 

21 offers to make’’ and inserting ‘‘makes, offers to make, or 

22 conspires to make’’. 
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1 SEC. 303. PENALTY FOR DESTRUCTION OF PROPERTY WITH 

2 INTENT TO IMPEDE THE ACT OF VOTING. 

3 Section 594 of title 18, United States Code, is 

4 amended— 

5 (1) by inserting ‘‘(a)’’ before ‘‘Whoever’’; and 

6 (2) by adding at the end the following: 

7 ‘‘(b) Whoever destroys or damages any property with 

8 the intent to prevent or impede an individual from voting 

9 in an election for the office of President, Vice President, 

10 Presidential elector, Member of the Senate, Member of the 

11 House of Representatives, Delegate from the District of 

12 Columbia, or Resident Commissioner, shall be fined under 

13 this title, imprisoned for not more than 2 years, or both.’’. 

Æ