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tion, the application shall be transmitted to the appropriate
State election official not later than 5 days after the date
of acceptance.
(d) ARMED FORCES RECRUITMENT OFFICES.—(1)
Each State and the Secretary of Defense shall jointly de-
velop and implement procedures for persons to apply to reg-
ister to vote at recruitment offices of the Armed Forces of
the United States.
(2) A recruitment office of the Armed Forces of the
United States shall be considered to be a voter registration
agency designated under subsection (a)(2) for all purposes
of this Act.
SEC. 8. REQUIREMENTS WITH RESPECT TO ADMINISTRA-
TION OF VOTER REGISTRATION.
(a) IN GENERAL.—In the administration of voter reg-
istration for elections for Federal office, each State shall—
(1) ensure that any eligible applicant is reg-
istered to vote in an election—
(A) in the case of registration with a motor
vehicle application under section 5, if the valid
voter registration form of the applicant is sub-
mitted to the appropriate State motor vehicle au-
thority not later than the lesser of 30 days, or
the period provided by State law, before the date
of the election;
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(B) in the case of registration by mail
under section 6, if the valid voter registration
form of the applicant is postmarked not later
than the lesser of 30 days, or the period provided
by State law, before the date of the election;
(C) in the case of registration at a voter
registration agency, if the valid voter registra-
tion form of the applicant is accepted at the
voter registration agency not later than the lesser
of 30 days, or the period provided by State law,
before the date of the election; and
(D) in any other case, if the valid voter reg-
istration form of the applicant is received by the
appropriate State election official not later than
the lesser of 30 days, or the period provided by
State law, before the date of the election;
(2) require the appropriate State election official
to send notice to each applicant of the disposition of
the application;
(3) provide that the name of a registrant may
not be removed from the official list of eligible voters
except—
(A) at the request of the registrant;
(B) as provided by State law, by reason of
criminal conviction or mental incapacity; or
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(C) as provided under paragraph (4);
(4) conduct a general program that makes a rea-
sonable effort to remove the names of ineligible voters
from the official lists of eligible voters by reason of—
(A) the death of the registrant; or
(B) a change in the residence of the reg-
istrant, in accordance with subsections (b), (c),
and (d);
(5) inform applicants under sections 5, 6, and 7
of—
(A) voter eligibility requirements; and
(B) penalties provided by law for submis-
sion of a false voter registration application; and
(6) ensure that the identity of the voter registra-
tion agency through which any particular voter is
registered is not disclosed to the public.
(b) CONFIRMATION OF VOTER REGISTRATION.—Any
State program or activity to protect the integrity of the elec-
toral process by ensuring the maintenance of an accurate
and current voter registration roll for elections for Federal
office—
(1) shall be uniform, nondiscriminatory, and in
compliance with the Voting Rights Act of 1965 (42
U.S.C. 1973 et seq.); and
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(2) shall not result in the removal of the name
of any person from the official list of voters registered
to vote in an election for Federal office by reason of
the person’s failure to vote.
(c) VOTER REMOVAL PROGRAMS.—(1) A State may
meet the requirement of subsection (a)(4) by establishing a
program under which—
(A) change-of-address information supplied by
the Postal Service through its licensees is used to
identify registrants whose addresses may have
changed; and
(B) if it appears from information provided by
the Postal Service that—
(i) a registrant has moved to a different res-
idence address in the same registrar’s jurisdic-
tion in which the registrant is currently reg-
istered, the registrar changes the registration
records to show the new address and sends the
registrant a notice of the change by forwardable
mail and a postage prepaid pre-addressed return
form by which the registrant may verify or cor-
rect the address information; or
(ii) the registrant has moved to a different
residence address not in the same registrar’s ju-
risdiction, the registrar uses the notice procedure
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described in subsection (d)(2) to confirm the
change of address.
(2)(A) A State shall complete, not later than 90 days
prior to the date of a primary or general election for Fed-
eral office, any program the purpose of which is to system-
atically remove the names of ineligible voters from the
official lists of eligible voters.
(B) Subparagraph (A) shall not be construed to
preclude—
(i) the removal of names from official lists of vot-
ers on a basis described in paragraph (3) (A) or (B)
or (4)(A) of subsection (a); or
(ii) correction of registration records pursuant to
this Act.
(d) REMOVAL OF NAMES FROM VOTING ROLLS.—(1)
A State shall not remove the name of a registrant from the
official list of eligible voters in elections for Federal office
on the ground that the registrant has changed residence un-
less the registrant—
(A) confirms in writing that the registrant has
changed residence to a place outside the registrar’s ju-
risdiction in which the registrant is registered; or
(B)(i) has failed to respond to a notice described
in paragraph (2); and
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(ii) has not voted or appeared to vote (and, if
necessary, correct the registrar’s record of the reg-
istrant’s address) in an election during the period be-
ginning on the date of the notice and ending on the
day after the date of the second general election for
Federal office that occurs after the date of the notice.
(2) A notice is described in this paragraph if it is a
postage prepaid and pre-addressed return card, sent by
forwardable mail, on which the registrant may state his or
her current address, together with a notice to the following
effect:
(A) If the registrant did not change his or her
residence, or changed residence but remained in the
registrar’s jurisdiction, the registrant should return
the card not later than the time provided for mail
registration under subsection (a)(1)(B). If the card is
not returned, affirmation or confirmation of the reg-
istrant’s address may be required before the registrant
is permitted to vote in a Federal election during the
period beginning on the date of the notice and ending
on the day after the date of the second general election
for Federal office that occurs after the date of the no-
tice, and if the registrant does not vote in an election
during that period the registrant’s name will be re-
moved from the list of eligible voters.
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(B) If the registrant has changed residence to a
place outside the registrar’s jurisdiction in which the
registrant is registered, information concerning how
the registrant can continue to be eligible to vote.
(3) A voting registrar shall correct an official list of
eligible voters in elections for Federal office in accordance
with change of residence information obtained in conform-
ance with this subsection.
(e) PROCEDURE FOR VOTING FOLLOWING FAILURE TO
RETURN CARD.—(1) A registrant who has moved from an
address in the area covered by a polling place to an address
in the same area shall, notwithstanding failure to notify
the registrar of the change of address prior to the date of
an election, be permitted to vote at that polling place upon
oral or written affirmation by the registrant of the change
of address before an election official at that polling place.
(2)(A) A registrant who has moved from an address
in the area covered by one polling place to an address in
an area covered by a second polling place within the same
registrar’s jurisdiction and the same congressional district
and who has failed to notify the registrar of the change of
address prior to the date of an election, at the option of
the registrant—
(i) shall be permitted to correct the voting
records and vote at the registrant’s former polling
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place, upon oral or written affirmation by the reg-
istrant of the new address before an election official
at that polling place; or
(ii)(I) shall be permitted to correct the voting
records and vote at a central location within the same
registrar’s jurisdiction designated by the registrar
where a list of eligible voters is maintained, upon
written affirmation by the registrant of the new ad-
dress on a standard form provided by the registrar at
the central location; or
(II) shall be permitted to correct the voting
records for purposes of voting in future elections at
the appropriate polling place for the current address
and, if permitted by State law, shall be permitted to
vote in the present election, upon confirmation by the
registrant of the new address by such means as are
required by law.
(B) If State law permits the registrant to vote in the
current election upon oral or written affirmation by the reg-
istrant of the new address at a polling place described in
subparagraph (A)(ii)(II), voting at the former polling place
as described in subparagraph (A)(i) and at a central loca-
tion as described in subparagraph (A)(ii)(I) need not be
provided as alternative options.
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(3) If the registration records indicate that a reg-
istrant has moved from an address in the area covered by
a polling place, the registrant shall, upon oral or written
affirmation by the registrant before an election official at
that polling place that the registrant continues to reside at
the address previously made known to the registrar, be per-
mitted to vote at that polling place.
(f) CHANGE OF VOTING ADDRESS WITHIN A JURISDIC-
TION.—In the case of a change of address, for voting pur-
poses, of a registrant to another address within the same
registrar’s jurisdiction, the registrar shall correct the voting
registration list accordingly, and the registrant’s name may
not be removed from the official list of eligible voters by
reason of such a change of address except as provided in
subsection (d).
(g) CONVICTION IN FEDERAL COURT.—(1) On the con-
viction of a person of a felony in a district court of the
United States, the United States attorney shall give written
notice of the conviction to the chief State election official
designated under section 10 of the State of the person’s resi-
dence.
(2) A notice given pursuant to paragraph (1) shall
include—
(A) the name of the offender;
(B) the offender’s age and residence address;
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(C) the date of entry of the judgment;
(D) a description of the offenses of which the of-
fender was convicted; and
(E) the sentence imposed by the court.
(3) On request of the chief State election official of a
State or other State official with responsibility for deter-
mining the effect that a conviction may have on an offend-
er’s qualification to vote, the United States attorney shall
provide such additional information as the United States
attorney may have concerning the offender and the offense
of which the offender was convicted.
(4) If a conviction of which notice was given pursuant
to paragraph (1) is overturned, the United States attorney
shall give the official to whom the notice was given written
notice of the vacation of the judgment.
(5) The chief State election official shall notify the
voter registration officials of the local jurisdiction in which
an offender resides of the information received under this
subsection.
(h) REDUCED POSTAL RATES.—(1) Subchapter II of
chapter 36 of title 39, United States Code, is amended by
adding at the end the following:
‘‘§ 3629. Reduced rates for voter registration purposes
‘‘The Postal Service shall make available to a State
or local voting registration official the rate for any class
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of mail that is available to a qualified nonprofit organiza-
tion under section 3626 for the purpose of making a mail-
ing that the official certifies is required or authorized by
the National Voter Registration Act of 1993.’’.
(2) The first sentence of section 2401(c) of title 39,
United States Code, is amended by striking out ‘‘and
3626(a)–(h) and (j)–(k) of this title,’’ and inserting in lieu
thereof ‘‘3626(a)–(h), 3626(j)–(k), and 3629 of this title’’.
(3) Section 3627 of title 39, United States Code, is
amended by striking out ‘‘or 3626 of this title,’’ and insert-
ing in lieu thereof ‘‘3626, or 3629 of this title’’.
(4) The table of sections for chapter 36 of title 39,
United States Code, is amended by inserting after the item
relating to section 3628 the following new item:
‘‘3629. Reduced rates for voter registration purposes.’’.
(i) PUBLIC DISCLOSURE OF VOTER REGISTRATION AC-
TIVITIES.—(1) Each State shall maintain for at least 2
years and shall make available for public inspection and,
where available, photocopying at a reasonable cost, all
records concerning the implementation of programs and ac-
tivities conducted for the purpose of ensuring the accuracy
and currency of official lists of eligible voters, except to the
extent that such records relate to a declination to register
to vote or to the identity of a voter registration agency
through which any particular voter is registered.
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(2) The records maintained pursuant to paragraph (1)
shall include lists of the names and addresses of all persons
to whom notices described in subsection (d)(2) are sent, and
information concerning whether or not each such person has
responded to the notice as of the date that inspection of the
records is made.
(j) DEFINITION.—For the purposes of this section, the
term ‘‘registrar’s jurisdiction’’ means—
(1) an incorporated city, town, borough, or other
form of municipality;
(2) if voter registration is maintained by a
county, parish, or other unit of government that gov-
erns a larger geographic area than a municipality,
the geographic area governed by that unit of govern-
ment; or
(3) if voter registration is maintained on a con-
solidated basis for more than one municipality or
other unit of government by an office that performs
all of the functions of a voting registrar, the geo-
graphic area of the consolidated municipalities or
other geographic units.
(k) CHANGE OF ADDRESS OF REGISTRANT.—Any pro-
vision of this Act to the contrary notwithstanding, if State
law permits the registrant to vote in the current election
upon oral or written affirmation by the registrant of the
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new address, at the polling place described in section
8(e)(2)(A)(i), or at a central location as described in section
8(e)(2)(A)(ii)(I), or at a polling place described in section
8(e)(2)(A)(ii)(II), voting at the other locations described in
section 8(e)(2)(A) need not be provided as options.
SEC. 9. FEDERAL COORDINATION AND REGULATIONS.
(a) IN GENERAL.—The Federal Election Commis-
sion—
(1) in consultation with the chief election officers
of the States, shall prescribe such regulations as are
necessary to carry out paragraphs (2) and (3);
(2) in consultation with the chief election officers
of the States, shall develop a mail voter registration
application form for elections for Federal office;
(3) not later than June 30 of each odd-numbered
year, shall submit to the Congress a report assessing
the impact of this Act on the administration of elec-
tions for Federal office during the preceding 2-year
period and including recommendations for improve-
ments in Federal and State procedures, forms, and
other matters affected by this Act; and
(4) shall provide information to the States with
respect to the responsibilities of the States under this
Act.
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(b) CONTENTS
OF
MAIL
VOTER
REGISTRATION
FORM.—The mail voter registration form developed under
subsection (a)(2)—
(1) may require only such identifying informa-
tion (including the signature of the applicant) and
other information (including data relating to pre-
vious registration by the applicant), as is necessary
to enable the appropriate State election official to as-
sess the eligibility of the applicant and to administer
voter registration and other parts of the election proc-
ess;
(2) shall include a statement that—
(A) specifies each eligibility requirement
(including citizenship);
(B) contains an attestation that the appli-
cant meets each such requirement; and
(C) requires the signature of the applicant,
under penalty of perjury;
(3) may not include any requirement for notari-
zation or other formal authentication; and
(4) shall include, in print that is identical to
that used in the attestation portion of the applica-
tion—
(i) the information required in section
8(a)(5) (A) and (B);
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(ii) a statement that, if an applicant de-
clines to register to vote, the fact that the appli-
cant has declined to register will remain con-
fidential and will be used only for voter registra-
tion purposes; and
(iii) a statement that if an applicant does
register to vote, the office at which the applicant
submits a voter registration application will re-
main confidential and will be used only for voter
registration purposes; and
SEC. 10. DESIGNATION OF CHIEF STATE ELECTION OFFI-
CIAL.
Each State shall designate a State officer or employee
as the chief State election official to be responsible for co-
ordination of State responsibilities under this Act.
SEC. 11. CIVIL ENFORCEMENT AND PRIVATE RIGHT OF AC-
TION.
(a) ATTORNEY GENERAL.—The Attorney General may
bring a civil action in an appropriate district court for
such declaratory or injunctive relief as is necessary to carry
out this Act.
(b) PRIVATE RIGHT OF ACTION.—(1) A person who
is aggrieved by a violation of this Act may provide written
notice of the violation to the chief election official of the
State involved.
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(2) If the violation is not corrected within 90 days
after receipt of a notice under paragraph (1), or within 20
days after receipt of the notice if the violation occurred
within 120 days before the date of an election for Federal
office, the aggrieved person may bring a civil action in an
appropriate district court for declaratory or injunctive re-
lief with respect to the violation.
(3) If the violation occurred within 30 days before the
date of an election for Federal office, the aggrieved person
need not provide notice to the chief election official of the
State under paragraph (1) before bringing a civil action
under paragraph (2).
(c) ATTORNEY’S FEES.—In a civil action under this
section, the court may allow the prevailing party (other
than the United States) reasonable attorney fees, including
litigation expenses, and costs.
(d) RELATION TO OTHER LAWS.—(1) The rights and
remedies established by this section are in addition to all
other rights and remedies provided by law, and neither the
rights and remedies established by this section nor any other
provision of this Act shall supersede, restrict, or limit the
application of the Voting Rights Act of 1965 (42 U.S.C.
1973 et seq.).
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(2) Nothing in this Act authorizes or requires conduct
that is prohibited by the Voting Rights Act of 1965 (42
U.S.C. 1973 et seq.).
SEC. 12. CRIMINAL PENALTIES.
A person, including an election official, who in any
election for Federal office—
(1) knowingly and willfully intimidates, threat-
ens, or coerces, or attempts to intimidate, threaten, or
coerce, any person for—
(A) registering to vote, or voting, or at-
tempting to register or vote;
(B) urging or aiding any person to register
to vote, to vote, or to attempt to register or vote;
or
(C) exercising any right under this Act; or
(2) knowingly and willfully deprives, defrauds,
or attempts to deprive or defraud the residents of a
State of a fair and impartially conducted election
process, by—
(A) the procurement or submission of voter
registration applications that are known by the
person to be materially false, fictitious, or fraud-
ulent under the laws of the State in which the
election is held; or
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(B) the procurement, casting, or tabulation
of ballots that are known by the person to be ma-
terially false, fictitious, or fraudulent under the
laws of the State in which the election is held,
shall be fined in accordance with title 18, United States
Code (which fines shall be paid into the general fund of
the Treasury, miscellaneous receipts (pursuant to section
3302 of title 31, United States Code), notwithstanding any
other law), or imprisoned not more than 5 years, or both.
SEC. 13. RULE OF CONSTRUCTION.
Nothing in this Act shall be construed to preclude a
State from requiring presentation of documentary evidence
of the citizenship of an applicant for voter registration.
SEC. 14. EFFECTIVE DATE.
This Act shall take effect—
(1) with respect to a State that on the date of
enactment of this Act has a provision in the constitu-
tion of the State that would preclude compliance with
this Act unless the State maintained separate Federal
and State official lists of eligible voters, on the later
of—
(A) January 1, 1996; or
(B) the date that is 120 days after the date
by which, under the constitution of the State as
in effect on the date of enactment of this Act, it
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would be legally possible to adopt and place into
effect any amendments to the constitution of the
State that are necessary to permit such compli-
ance with this Act without requiring a special
election; and
(2) with respect to any State not described in
paragraph (1), on January 1, 1995.
Attest:
Secretary.
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