I 
116TH CONGRESS 
1ST SESSION H. R. 1460 
To amend title 18, United States Code, to prohibit voter caging and other 
questionable challenges. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 28, 2019 
Ms. MUCARSEL-POWELL (for herself, Mr. COHEN, Ms. GARCIA of Texas, Mr. 
COOPER, Ms. HAALAND, Ms. NORTON, Mr. SOTO, Ms. WASSERMAN 
SCHULTZ, Ms. SHALALA, and Mr. RUSH) introduced the following bill; 
which was referred to the Committee on the Judiciary, and in addition 
to the Committee on House Administration, for a period to be subse-
quently determined by the Speaker, in each case for consideration of such 
provisions as fall within the jurisdiction of the committee concerned 
A BILL 
To amend title 18, United States Code, to prohibit voter 
caging and other questionable challenges. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. VOTER CAGING AND OTHER QUESTIONABLE 
CHALLENGES PROHIBITED. 
(a) IN GENERAL.—Chapter 29 of title 18, United 
States Code, is amended by adding at the end the fol-
lowing: 
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‘‘§ 612. Voter caging and other questionable chal-
lenges 
‘‘(a) DEFINITIONS.—In this section— 
‘‘(1) the term ‘voter caging document’ means— 
‘‘(A) a nonforwardable document that is 
returned to the sender or a third party as unde-
livered or undeliverable despite an attempt to 
deliver such document to the address of a reg-
istered voter or applicant; or 
‘‘(B) any document with instructions to an 
addressee that the document be returned to the 
sender or a third party but is not so returned, 
despite an attempt to deliver such document to 
the address of a registered voter or applicant, 
unless at least two Federal election cycles have 
passed since the date of the attempted delivery; 
‘‘(2) the term ‘voter caging list’ means a list of 
individuals compiled from voter caging documents; 
and 
‘‘(3) the term ‘unverified match list’ means a 
list produced by matching the information of reg-
istered voters or applicants for voter registration to 
a list of individuals who are ineligible to vote in the 
registrar’s jurisdiction, by virtue of death, convic-
tion, change of address, or otherwise; unless one of 
the pieces of information matched includes a signa-
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ture, photograph, or unique identifying number en-
suring that the information from each source refers 
to the same individual. 
‘‘(b) PROHIBITION AGAINST VOTER CAGING.—No 
State or local election official shall prevent an individual 
from registering or voting in any election for Federal of-
fice, or permit in connection with any election for Federal 
office a formal challenge under State law to an individual’s 
registration status or eligibility to vote, if the basis for 
such decision is evidence consisting of— 
‘‘(1) a voter caging document or voter caging 
list; 
‘‘(2) an unverified match list; 
‘‘(3) an error or omission on any record or 
paper relating to any application, registration, or 
other act requisite to voting, if such error or omis-
sion is not material to an individual’s eligibility to 
vote under section 2004 of the Revised Statutes, as 
amended (52 U.S.C. 10101(a)(2)(B)); or 
‘‘(4) any other evidence so designated for pur-
poses of this section by the Election Assistance Com-
mission, 
except that the election official may use such evidence if 
it is corroborated by independent evidence of the individ-
ual’s ineligibility to register or vote. 
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‘‘(c) REQUIREMENTS FOR CHALLENGES BY PERSONS 
OTHER THAN ELECTION OFFICIALS.— 
‘‘(1) REQUIREMENTS
FOR
CHALLENGES.—No 
person, other than a State or local election official, 
shall submit a formal challenge to an individual’s eli-
gibility to register to vote in an election for Federal 
office or to vote in an election for Federal office un-
less that challenge is supported by personal knowl-
edge regarding the grounds for ineligibility which 
is— 
‘‘(A) documented in writing; and 
‘‘(B) subject to an oath or attestation 
under penalty of perjury that the challenger has 
a good faith factual basis to believe that the in-
dividual who is the subject of the challenge is 
ineligible to register to vote or vote in that elec-
tion, except a challenge which is based on the 
race, ethnicity, or national origin of the indi-
vidual who is the subject of the challenge may 
not be considered to have a good faith factual 
basis for purposes of this paragraph. 
‘‘(2) PROHIBITION
ON
CHALLENGES
ON
OR 
NEAR DATE OF ELECTION.—No person, other than 
a State or local election official, shall be permitted— 
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‘‘(A) to challenge an individual’s eligibility 
to vote in an election for Federal office on Elec-
tion Day, or 
‘‘(B) to challenge an individual’s eligibility 
to register to vote in an election for Federal of-
fice or to vote in an election for Federal office 
less than 10 days before the election unless the 
individual registered to vote less than 20 days 
before the election. 
‘‘(d) PENALTIES
FOR KNOWING MISCONDUCT.— 
Whoever knowingly challenges the eligibility of one or 
more individuals to register or vote or knowingly causes 
the eligibility of such individuals to be challenged in viola-
tion of this section with the intent that one or more eligi-
ble voters be disqualified, shall be fined under this title 
or imprisoned not more than 1 year, or both, for each such 
violation. Each violation shall be a separate offense. 
‘‘(e) NO EFFECT ON RELATED LAWS.—Nothing in 
this section is intended to override the protections of the 
National Voter Registration Act of 1993 (52 U.S.C. 
20501 et seq.) or to affect the Voting Rights Act of 1965 
(52 U.S.C. 10301 et seq.).’’. 
(b) CLERICAL AMENDMENT.—The table of sections 
for chapter 29 of title 18, United States Code, is amended 
by adding at the end the following: 
‘‘612. Voter caging and other questionable challenges.’’. 
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SEC. 2. DEVELOPMENT AND ADOPTION OF BEST PRAC-
TICES FOR PREVENTING VOTER CAGING. 
(a) BEST PRACTICES.—Not later than 180 days after 
the date of the enactment of this Act, the Election Assist-
ance Commission shall develop and publish for the use of 
States recommendations for best practices to deter and 
prevent violations of section 612 of title 18, United States 
Code, as added by section 1(a), including practices to pro-
vide for the posting of relevant information at polling 
places and voter registration agencies, the training of poll 
workers and election officials, and relevant educational 
measures. For purposes of this subsection, the term 
‘‘State’’ includes the District of Columbia, the Common-
wealth of Puerto Rico, Guam, American Samoa, the 
United States Virgin Islands, and the Commonwealth of 
the Northern Mariana Islands. 
(b) INCLUSION IN VOTING INFORMATION REQUIRE-
MENTS.—Section 302(b)(2) of the Help America Vote Act 
of 2002 (52 U.S.C. 21082(b)(2)) is amended— 
(1) by striking ‘‘and’’ at the end of subpara-
graph (E); 
(2) by striking the period at the end of sub-
paragraph (F) and inserting ‘‘; and’’; and 
(3) by adding at the end the following new sub-
paragraph: 
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‘‘(G) information relating to the prohibi-
tion against voter caging and other questionable 
challenges (as set forth in section 612 of title 
18, United States Code), including information 
on how individuals may report allegations of 
violations of such prohibition.’’. 
Æ 
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