(iii) Acceptance of completed voter registration
application forms for transmittal to the appropriate
State election official.
(B) If a voter registration agency designated under
paragraph (2)(B) provides services to a person with a dis-
ability at the person’s home, the agency shall provide the
services described in subparagraph (A) at the person’s
home.
(5) A person who provides service described in para-
graph (4) shall not—
(A) seek to influence an applicant’s political
preference or party registration;
(B) display any such political preference or
party allegiance; or
(C) make any statement to an applicant or take
any action the purpose or effect of which is to dis-
courage the applicant from registering to vote.
(6) A voter registration agency that is an office that
provides service or assistance in addition to conducting
voter registration shall—
(A) distribute with each application for such
service or assistance, and with each recertification,
renewal, or change of address form relating to such
service or assistance—
(i) the mail voter registration application
form described in section 9(a)(2), including a
statement that—
(I) specifies each eligibility require-
ment (including citizenship);
(II) contains an attestation that the
applicant meets each such requirement;
and
(III) requires the signature of the ap-
plicant, under penalty of perjury; or
(ii) the office’s own form if it is equivalent
to the form described in section 9(a)(2),
unless the applicant, in writing, declines to register
to vote;
(B) to the greatest extent practicable, incor-
porate in application forms and other forms used at
those offices for purposes other than voter registra-
tion a means by which a person who completes the
form may decline, in writing, to register to vote in
elections for Federal office; and
(C) provide to each applicant who does not de-
cline to register to vote the same degree of assist-
ance with regard to the completion of the registra-
tion application form as is provided by the office
with regard to the completion of its own forms.
(7) No information relating to a declination to reg-
ister to vote in connection with an application made at
an office described in paragraph (6) may be used for any
purpose other than voter registration.
(b) FEDERAL GOVERNMENT AND PRIVATE SECTOR
COOPERATION.—All departments, agencies, and other en-
tities of the executive branch of the Federal Government
shall, to the greatest extent practicable, cooperate with the
States in carrying out subsection (a), and all nongovern-
mental entities are encouraged to do so.
(c) TRANSMITTAL DEADLINE.—(1) Subject to para-
graph (2), a completed registration application accepted
at a voter registration agency shall be transmitted to the
appropriate State election official not later than 10 days
after the date of acceptance.
(2) If a registration application is accepted within 5
days before the last day for registration to vote in an elec-
tion, the application shall be transmitted to the appro-
priate State election official not later than 5 days after
the date of acceptance.
SEC. 8. REQUIREMENTS WITH RESPECT TO ADMINISTRA-
TION OF VOTER REGISTRATION.
(a) IN GENERAL.—In the administration of voter
registration 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
authority not later than the lesser of 30 days,
or the period provided by State law, before the
date of the election;
(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 pro-
vided by State law, before the date of the elec-
tion;
(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
registration form of the applicant is received by
the appropriate State election official not later
than the lesser of 30 days, or the period pro-
vided by State law, before the date of the elec-
tion;
(2) require the appropriate State election offi-
cial to send notice to each applicant of the disposi-
tion 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
(C) as provided under paragraph (4);
(4) conduct a general program that makes a
reasonable effort to remove the names of ineligible
voters from the official lists of eligible voters by rea-
son 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 reg-
istration 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
electoral process by ensuring the maintenance of an accu-
rate 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
(2) shall not result in the removal of the name
of any person from the official list of voters reg-
istered 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
residence address in the same registrar’s juris-
diction 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 re-
turn form by which the registrant may verify or
correct 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 proce-
dure 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 offi-
cial lists of eligible voters.
(B) Subparagraph (A) shall not be construed to
preclude—
(i) the removal of names from official lists of
voters 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 resi-
dence unless the registrant—
(A) confirms in writing that the registrant has
changed residence to a place outside the registrar’s
jurisdiction in which the registrant is registered; or
(B)(i) has failed to respond to a notice de-
scribed in paragraph (2); and
(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
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
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 fol-
lowing 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
registrant’s address may be required before the reg-
istrant 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 notice, and if the registrant does not
vote in an election during that period the reg-
istrant’s name will be removed from the list of eligi-
ble voters.
(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
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
at the address previously made known to the registrar, be
permitted to vote at that polling place.
(f) CHANGE OF VOTING ADDRESS WITHIN A JURIS-
DICTION.—In the case of a change of address, for voting
purposes, 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
conviction 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 residence.
(2) A notice given pursuant to paragraph (1) shall
include—
(A) the name of the offender;
(B) the offender’s age and residence address;
(C) the date of entry of the judgment;
(D) a description of the offenses of which the
offender 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 pur-
poses
‘‘The Postal Service shall make available to a State
or local voting registration official the rate for any class
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 in-
serting 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
ACTIVITIES.—(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
activities conducted for the purpose of ensuring the accu-
racy 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.
(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.
SEC. 9. FEDERAL COORDINATION AND REGULATIONS.
(a) IN GENERAL.—The Federal Election Commis-
sion—
(1) in consultation with the chief election offi-
cers of the States, the heads of the departments,
agencies, and other entities of the executive branch
of the Federal Government, and representatives of
nongovernmental entities, shall prescribe such regu-
lations as are necessary to carry out this Act;
(2) in consultation with the chief election offi-
cers of the States, shall develop a mail voter reg-
istration application form for elections for Federal
office;
(3) not later than June 30 of each odd-num-
bered year, shall submit to the Congress a report as-
sessing the impact of this Act on the administration
of elections for Federal office during the preceding
2-year period and including recommendations for
improvements 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.
(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
assess the eligibility of the applicant and to admin-
ister voter registration and other parts of the elec-
tion process;
(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; and
(3) may not include any requirement for notari-
zation or other formal authentication.
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.
(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, includ-
ing 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.).
(2) Nothing in this Act authorizes or requires con-
duct 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
fraudulent under the laws of the State in which
the election is held; or
(B) the procurement, casting, or tabulation
of ballots that are known by the person to be
materially 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, or imprisoned not more than 5 years, or both.
SEC. 13. 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 con-
stitution of the State that would preclude compliance
with this Act unless the State maintained separate
Federal and State official lists of eligible voters,
on January 1, 1996; and
(2) with respect to any State not described in
paragraph (1), on January 1, 1995.
Passed the House of Representatives February 4,
1993.
Attest:
Clerk.
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