I 
111TH CONGRESS 
1ST SESSION 
H. R. 105 
To protect voting rights and to improve the administration of Federal 
elections, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 6, 2009 
Mr. CONYERS (for himself, Mr. NADLER of New York, Ms. JACKSON-LEE of 
Texas, Mr. WEXLER, and Mr. COHEN) introduced the following bill; 
which was referred to the Committee on the Judiciary, and in addition 
to the Committees on House Administration and Oversight and Govern-
ment Reform, for a period to be subsequently determined by the Speaker, 
in each case for consideration of such provisions as fall within the juris-
diction of the committee concerned 
A BILL 
To protect voting rights and to improve the administration 
of Federal elections, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Voting Opportunity and Technology Enhancement 
Rights Act of 2009’’. 
(b) TABLE OF CONTENTS.—The table of contents of 
this Act is as follows: 
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Sec. 1. Short title; table of contents. 
TITLE I—IMPROVING ELECTION ADMINISTRATION 
Sec. 101. National Federal write-in absentee ballot. 
Sec. 102. Verified ballots; preservation. 
Sec. 103. Requirements for counting provisional ballots. 
Sec. 104. Minimum requirements for voting systems and poll workers in polling 
places. 
Sec. 105. Election day registration. 
Sec. 106. Integrity of voter registration list. 
Sec. 107. Early voting. 
Sec. 108. Improvements to voting systems. 
Sec. 109. Voter registration. 
Sec. 110. Establishing voter identification. 
Sec. 111. Impartial administration of elections. 
Sec. 112. Strengthening the Election Assistance Commission. 
Sec. 113. Additional protections to ensure fair administration of Federal elec-
tions. 
Sec. 114. Authorization of appropriations. 
Sec. 115. Effective date. 
TITLE II—PROHIBITING DECEPTIVE PRACTICES 
Sec. 201. Prohibition on deceptive practices in Federal elections. 
Sec. 202. Modification of penalty for voter intimidation. 
Sec. 203. Sentencing guidelines. 
Sec. 204. Reporting violations and remedial action. 
TITLE III—PROHIBITING VOTER CAGING 
Sec. 301. Voter caging and other questionable challenges prohibited. 
Sec. 302. Severability. 
TITLE IV—RESTORING VOTING RIGHTS 
Sec. 401. Rights of citizens. 
Sec. 402. Enforcement. 
Sec. 403. Notification of restoration of voting rights. 
Sec. 404. Definitions. 
Sec. 405. Relation to other laws. 
Sec. 406. Federal prison funds. 
Sec. 407. Effective date. 
TITLE V—ELECTION DAY AS LEGAL PUBLIC HOLIDAY 
Sec. 501. Treatment of election day in same manner as legal public holiday for 
purposes of Federal employment. 
Sec. 502. Study by Comptroller General of impact on voter participation. 
Sec. 503. Sense of Congress regarding treatment of day by private employers. 
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TITLE I—IMPROVING ELECTION 
ADMINISTRATION 
SEC. 101. NATIONAL FEDERAL WRITE-IN ABSENTEE BAL-
LOT. 
(a) REQUIRING STATES TO ACCEPT BALLOT.— 
(1) IN GENERAL.—Title III of the Help Amer-
ica Vote Act of 2002 (42 U.S.C. 15481 et seq.) is 
amended by adding at the end the following new 
subtitle: 
‘‘Subtitle C—Additional 
Requirements 
‘‘SEC. 321. USE OF NATIONAL FEDERAL WRITE-IN ABSEN-
TEE BALLOT. 
‘‘(a) IN GENERAL.—Any person who is otherwise 
qualified to vote in a Federal election in a State shall be 
permitted to use the national Federal write-in absentee 
ballot prescribed by the Commission under section 297 to 
cast a vote in an election for Federal office. 
‘‘(b) SUBMISSION AND PROCESSING.— 
‘‘(1) IN GENERAL.—Except as otherwise pro-
vided in this section, a national Federal write-in ab-
sentee ballot shall be submitted and processed in the 
manner provided under the standards prescribed by 
the Commission under section 297(b). 
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‘‘(2) DEADLINE.—An otherwise eligible national 
Federal write-in absentee ballot shall be counted if 
postmarked or signed before the close of the polls on 
election day and received by the appropriate State 
election official on or before the date which is 10 
days after the date of the election or the date pro-
vided for receipt of absentee ballots under State law, 
whichever is later. 
‘‘(c) SPECIAL RULES.—The following rules shall 
apply with respect to national Federal write-in absentee 
ballots: 
‘‘(1) In completing the ballot, the voter may 
designate a candidate by writing in the name of the 
candidate or by writing in the name of a political 
party (in which case the ballot shall be counted for 
the candidate of that political party). 
‘‘(2) In the case of the offices of President and 
Vice President, a vote for a named candidate or a 
vote by writing in the name of a political party shall 
be counted as a vote for the electors supporting the 
candidate involved. 
‘‘(3) Any abbreviation, misspelling, or other 
minor variation in the form of the name of a can-
didate or a political party shall be disregarded in de-
termining the validity of the ballot. 
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‘‘(d) EFFECTIVE DATE.—Each State shall be re-
quired to comply with the requirements of this section on 
and after January 1, 2011.’’. 
(2) CONFORMING
AMENDMENT
RELATING
TO 
ENFORCEMENT.—Section 401 of the Help America 
Vote Act of 2002 (42 U.S.C. 15511) is amended by 
striking ‘‘and 303’’ and inserting ‘‘303, and subtitle 
C’’. 
(3) CLERICAL AMENDMENT.—The table of con-
tents of title III of such Act is amended by adding 
at the end the following: 
‘‘Subtitle C—Additional Requirements 
‘‘Sec. 321. Use of national Federal write-in absentee ballot.’’. 
(b) GUIDANCE
AND STANDARDS
FOR NATIONAL 
FEDERAL WRITE-IN ABSENTEE BALLOT.— 
(1) IN GENERAL.—Title II of the Help America 
Vote Act of 2002 (42 U.S.C. 15321 et seq.) is 
amended by adding at the end the following new 
subtitle: 
‘‘Subtitle E—Guidance and 
Standards 
‘‘SEC. 297. NATIONAL FEDERAL WRITE-IN ABSENTEE BAL-
LOT. 
‘‘(a) FORM OF BALLOT.—The Commission shall pre-
scribe a national Federal write-in absentee ballot (includ-
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ing a secrecy envelope and mailing envelope for such bal-
lot) for use in elections for Federal office. 
‘‘(b) STANDARDS.—The Commission shall prescribe 
standards for— 
‘‘(1) distributing the national Federal write-in 
absentee ballot, including standards for distributing 
such ballot through the Internet; and 
‘‘(2) processing and submission of the national 
Federal write-in absentee ballot.’’. 
(2) CONFORMING
AMENDMENT.—Section 202 
of the Help America Vote Act of 2002 (42 U.S.C. 
15322) is amended— 
(A) by redesignating paragraphs (5) and 
(6) as paragraphs (6) and (7); and 
(B) by inserting after paragraph (4) the 
following new paragraph: 
‘‘(5) carrying out the duties described in sub-
title E;’’. 
(3) CLERICAL AMENDMENT.—The table of con-
tents for title II of such Act is amended by adding 
at the end the following: 
‘‘Subtitle E—Guidance and Standards 
‘‘Sec. 297. National Federal write-in absentee ballot.’’. 
(c) COORDINATION WITH UNIFORMED AND OVER-
SEAS CITIZENS ABSENTEE VOTING ACT.— 
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(1) IN
GENERAL.—The Presidential designee 
under the Uniformed and Overseas Absentee Voting 
Act, in consultation with the Election Assistance 
Commission, shall facilitate the use and return of 
the national Federal write-in ballot prescribed by the 
Commission under section 297 of the Help America 
Vote Act of 2002 (as added by subsection (b)(1)) for 
absent uniformed service voters and overseas voters 
so that such voters face no greater difficulties in the 
submission and processing of their ballots than those 
faced by absentee voters who reside in the United 
States. 
(2) DEFINITIONS.—The terms ‘‘absent uni-
formed service voter’’ and ‘‘overseas voter’’ shall 
have the meanings given such terms by section 107 
of the Uniformed and Overseas Citizens Absentee 
Voting Act (42 U.S.C. 1973gg–6). 
SEC. 102. VERIFIED BALLOTS; PRESERVATION. 
(a) VERIFICATION.— 
(1) IN GENERAL.—Section 301(a) of the Help 
America Vote Act of 2002 (42 U.S.C. 15481(a)) is 
amended by adding at the end the following new 
paragraph: 
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‘‘(7) VERIFIED BALLOTS.—In order to meet the 
requirements of paragraph (1)(A)(i), on and after 
January 1, 2011: 
‘‘(A) The voting system shall provide an 
independent means of voter verification which 
meets the requirements of subparagraph (B) 
and which allows each voter to verify the accu-
racy of the ballot before it is cast and counted, 
and to correct any errors before the record of 
the ballot is produced and preserved under this 
paragraph and paragraph (2)(B)(iii). 
‘‘(B) A means of voter verification meets 
the requirements of this subparagraph if the 
voting system allows the voter to choose from 
one of the following options to verify the voter’s 
vote selection: 
‘‘(i) A paper record. 
‘‘(ii) An audio record. 
‘‘(iii) A pictorial record. 
‘‘(iv) An electronic record or other 
means that provides for voter verification 
that is accessible for individuals with dis-
abilities, including nonvisual accessibility 
for the blind and visually impaired, in a 
manner that provides privacy and inde-
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pendence equal to that provided for other 
voters. 
‘‘(C) Any means of verification described 
in clause (ii), (iii), or (iv) of subparagraph (B) 
must provide verification which is equal or su-
perior to verification through the use of a paper 
record. 
‘‘(D) None of the means of verification 
under this paragraph may employ cryptography 
in the record.’’. 
(2) CONFORMING AMENDMENT.—Clause (i) of 
section 301(a)(1)(A) of such Act (42 U.S.C. 
15481(a)(1)(A)(i)) is amended by inserting ‘‘and 
consistent with the requirements of paragraphs (2), 
(4), and (7)’’ after ‘‘independent manner’’. 
(b) 
PRESERVATION
OF
RECORDS.—Section 
301(a)(2)(B)(iii) 
of 
such 
Act 
(42 
U.S.C. 
15481(a)(2)(B)(iii)) is amended to read as follows: 
‘‘(iii) The record produced to meet the 
requirements of paragraph (1)(A)(i) and 
this paragraph shall be available as an offi-
cial record for any audit or recount con-
ducted with respect to any election in 
which the system is used, and shall be pre-
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served after the voter has verified its accu-
racy— 
‘‘(I) in the case of a paper 
record, within the polling place on the 
date of the election in a manner that 
ensures the security of the votes as 
verified; and 
‘‘(II) in the case of a record de-
scribed in clause (ii), (iii), or (iv) of 
paragraph (7)(B), through a method 
established by the Commission which 
provides protection of the record equal 
to or superior to the methods used to 
preserve paper records.’’. 
(c) GUIDANCE.— 
(1) IN GENERAL.—Subtitle E of title II of such 
Act, as added by section 101(b)(1), is amended by 
adding at the end the following new section: 
‘‘SEC. 298. VERIFIED BALLOTS. 
‘‘(a) STANDARDS.—The Commission shall issue uni-
form and nondiscriminatory standards— 
‘‘(1) for verified ballots required under section 
301(a)(7); and 
‘‘(2) for meeting the audit requirements of sec-
tion 301(a)(2). 
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‘‘(b) AUDITS.—The standards issued under sub-
section (a) shall provide for partial audits of the results 
of elections using the records produced pursuant to section 
301(a)(7), and shall provide that those records shall be 
used for the official count of votes in the event that the 
tallies derived from the records differ from the tallies oth-
erwise derived from the voting system used in the election 
involved.’’. 
(2) CLERICAL AMENDMENT.—The table of con-
tents for subtitle E of title II of such Act, as added 
by this Act, is amended by adding at the end the fol-
lowing new item: 
‘‘Sec. 298. Verified ballots.’’. 
(d) REPORTS.— 
(1) ELECTION ASSISTANCE COMMISSION.—Sec-
tion 207 of such Act (42 U.S.C. 15327) is amend-
ed— 
(A) by redesignating paragraph (5) as 
paragraph (6); and 
(B) by inserting after paragraph (4) the 
following new paragraph: 
‘‘(5) A description of the progress on imple-
menting the verified ballot requirements of section 
301(a)(7) and the impact of the use of such require-
ments 
on 
the 
accessibility, 
privacy, 
security, 
usability, and auditability of voting systems.’’. 
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(2) STATE REPORTS.—Section 258 of such Act 
(42 U.S.C. 15408) is amended— 
(A) by striking ‘‘and’’ at the end of para-
graph (2); 
(B) by striking the period at the end of 
paragraph (3) and inserting ‘‘; and’’; and 
(C) by adding at the end the following new 
paragraph: 
‘‘(4) an analysis and description in the form 
and manner prescribed by the Commission of the 
progress on implementing the verified ballot require-
ments of section 301(a)(7).’’. 
SEC. 103. REQUIREMENTS FOR COUNTING PROVISIONAL 
BALLOTS. 
(a) IN GENERAL.—Section 302 of the Help America 
Vote Act of 2002 (42 U.S.C. 15482) is amended— 
(1) by redesignating subsection (d) as sub-
section (e); and 
(2) by inserting after subsection (c) the fol-
lowing new subsection: 
‘‘(d) STATEWIDE COUNTING OF PROVISIONAL BAL-
LOTS.—For purposes of subsection (a)(4), notwith-
standing at which polling place a provisional ballot is cast 
within the State, the State shall count such ballot if the 
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individual who cast such ballot is otherwise eligible to vote 
in the election.’’. 
(b) EFFECTIVE DATE.—Section 302(e) of such Act 
(42 U.S.C. 15482(e)), as redesignated by subsection (a), 
is amended to read as follows: 
‘‘(e) EFFECTIVE DATE FOR PROVISIONAL VOTING 
AND VOTING INFORMATION.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), each State and jurisdiction shall be re-
quired to comply with the requirements fo this sec-
tion on and after January 1, 2004. 
‘‘(2) STATEWIDE
COUNTING
OF
PROVISIONAL 
BALLOTS.—Each State shall be required to comply 
with the requirements of subsection (d) on and after 
January 1, 2011.’’. 
SEC. 104. MINIMUM REQUIREMENTS FOR VOTING SYSTEMS 
AND POLL WORKERS IN POLLING PLACES. 
(a) MINIMUM REQUIREMENTS.— 
(1) IN GENERAL.—Subtitle C of title III of the 
Help America Vote Act of 2002, as added by section 
101(a)(1), is amended by adding at the end the fol-
lowing new section: 
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‘‘SEC. 322. MINIMUM REQUIREMENTS FOR VOTING SYS-
TEMS AND POLL WORKERS. 
‘‘(a) IN GENERAL.—Each State shall provide for the 
minimum required number of functioning and accurate 
voting systems and poll workers required in each precinct 
on the day of any Federal election and on any days during 
which such State allows early voting for a Federal election 
in accordance with the standards determined under sec-
tion 299A. 
‘‘(b) EFFECTIVE DATE.—Each State shall be re-
quired to comply with the requirements of this section on 
and after January 1, 2011.’’. 
(2) CLERICAL AMENDMENT.—The table of con-
tents for subtitle C of title III of such Act, as added 
by section 101(a)(3), is amended by adding at the 
end the following new item: 
‘‘Sec. 322. Minimum required voting systems and poll workers.’’. 
(b) STANDARDS.— 
(1) IN GENERAL.—Subtitle E of title II of such 
Act, as added and amended by this Act, is amended 
by adding at the end the following new section: 
‘‘SEC. 299. STANDARDS FOR ESTABLISHING THE MINIMUM 
REQUIRED 
VOTING 
SYSTEMS 
AND 
POLL 
WORKERS. 
‘‘(a) IN GENERAL.—The Commission shall issue 
standards regarding the minimum number of voting sys-
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tems and poll workers required in each precinct on the 
day of any Federal election and on any days during which 
early voting is allowed for a Federal election. 
‘‘(b) DISTRIBUTION.—The standards described in 
subsection (a) shall provide for a uniform and nondiscrim-
inatory geographic distribution of such systems and work-
ers, based on a ratio of the number of systems and work-
ers per voter, taking into account voter registration statis-
tics for the precinct, the most recent available census data 
regarding the number of individuals residing within the 
precinct who are eligible to register to vote, and the level 
of voter turnout during previous elections held in the pre-
cinct. 
‘‘(c) DEVIATION.—The standards described in sub-
section (a) shall permit States, upon providing adequate 
public notice, to deviate from any allocation requirements 
in the case of unforeseen circumstances such as a natural 
disaster, terrorist attack, or a change in voter turnout.’’. 
(2) CLERICAL AMENDMENT.—The table of con-
tents for subtitle E of title II of such Act, as added 
and amended by this Act, is amended by adding at 
the end the following new item: 
‘‘Sec. 299. Standards for establishing the minimum required voting systems 
and poll workers.’’. 
SEC. 105. ELECTION DAY REGISTRATION. 
(a) REQUIREMENT.— 
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(1) IN GENERAL.—Subtitle C of title III of the 
Help America Vote Act of 2002, as added and 
amended by this Act, is amended by adding at the 
end the following new section: 
‘‘SEC. 323. ELECTION DAY REGISTRATION. 
‘‘(a) IN GENERAL.— 
‘‘(1) REGISTRATION.—Notwithstanding section 
8(a)(1)(D) of the National Voter Registration Act of 
1993 (42 U.S.C. 1973gg–6), each State shall permit 
any individual on the day of a Federal election— 
‘‘(A) to register to vote in such election at 
the polling place using the form established by 
the Commission pursuant to section 297; and 
‘‘(B) to cast a vote in such election. 
‘‘(2) EXCEPTION.—The requirements under 
paragraph (1) shall not apply to a State in which, 
under a State law in effect continuously on and after 
the date of the enactment of this Act, there is no 
voter registration requirement for individuals in the 
State with respect to elections for Federal office. 
‘‘(b) EFFECTIVE DATE.—Each State shall be re-
quired to comply with the requirements of subsection (a) 
on and after January 1, 2011.’’. 
(2) CLERICAL AMENDMENT.—The table of con-
tents for subtitle C of title III of such Act, as added 
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and amended by this Act, is amended by adding at 
the end the following new item: 
‘‘Sec. 323. Election Day registration.’’. 
(b) ELECTION DAY REGISTRATION FORM.— 
(1) IN GENERAL.—Subtitle E of title II of such 
Act, as added and amended by this Act, is amended 
by adding at the end the following new section: 
‘‘SEC. 299A. ELECTION DAY REGISTRATION FORM. 
‘‘The Commission shall develop an election day reg-
istration form for elections for Federal office.’’. 
(2) CLERICAL AMENDMENT.—The table of con-
tents for subtitle E of title II of such Act, as added 
and amended by this Act, is amended by adding at 
the end the following new item: 
‘‘Sec. 299A. Election Day registration form.’’. 
SEC. 106. INTEGRITY OF VOTER REGISTRATION LIST. 
(a) IN GENERAL.—Subtitle C of title III of the Help 
America Vote Act of 2002, as added and amended by this 
Act, is amended by adding at the end the following new 
section: 
‘‘SEC. 324. REMOVAL FROM VOTER REGISTRATION LIST. 
‘‘(a) PUBLIC NOTICE.—Not later than 45 days before 
any Federal election, each State shall provide public notice 
of all names which have been removed from the voter reg-
istration list of such State under section 303 since the 
later of the most recent election for Federal office or the 
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day of the most recent previous public notice provided 
under this section. 
‘‘(b) NOTICE TO INDIVIDUAL VOTERS.— 
‘‘(1) IN GENERAL.—No individual shall be re-
moved from the voter registration list under section 
303 unless such individual is first provided with a 
notice which meets the requirements of paragraph 
(2). 
‘‘(2) REQUIREMENTS OF NOTICE.—The notice 
required under paragraph (1) shall be— 
‘‘(A) provided to each voter in a uniform 
and nondiscriminatory manner; 
‘‘(B) consistent with the requirements of 
the National Voter Registration Act of 1993 
(42 U.S.C. 1973gg et seq.); and 
‘‘(C) in the form and manner prescribed by 
the Election Assistance Commission. 
‘‘(c) EFFECTIVE DATE.—Each State shall be re-
quired to comply with the requirements of this section on 
and after January 1, 2011.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
for subtitle C of title III of such Act, as added and amend-
ed by this Act, is amended by adding at the end the fol-
lowing new item: 
‘‘Sec. 324. Removal from voter registration list.’’. 
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SEC. 107. EARLY VOTING. 
(a) REQUIREMENTS.— 
(1) IN GENERAL.—Subtitle C of title III of the 
Help America Vote Act of 2002, as added and 
amended by this Act, is amended by adding at the 
end the following new section: 
‘‘SEC. 325. EARLY VOTING. 
‘‘(a) IN GENERAL.—Each State shall allow individ-
uals to vote in an election for Federal office not less than 
15 days prior to the day scheduled for such election in 
the same manner as voting is allowed on such day. 
‘‘(b) MINIMUM EARLY VOTING REQUIREMENTS.— 
Each polling place which allows voting prior to the day 
of a Federal election pursuant to subsection (a) shall— 
‘‘(1) allow such voting for no less than 4 hours 
on each day (other than Sunday); and 
‘‘(2) have uniform hours each day for which 
such voting occurs. 
‘‘(c) APPLICATION OF ELECTION DAY REGISTRATION 
TO EARLY VOTING.—A State shall permit individuals to 
register to vote at each polling place which allows voting 
prior to the day of a Federal election pursuant to sub-
section (a) in the same manner as the State is required 
to permit individuals to register to vote and vote on the 
day of the election under section 323. 
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‘‘(d) EFFECTIVE DATE.—Each State shall be re-
quired to comply with the requirements of this section on 
and after January 1, 2011.’’. 
(2) CLERICAL AMENDMENT.—The table of con-
tents for subtitle C of title III of such Act, as added 
and amended by this Act, is amended by adding at 
the end the following new item: 
‘‘Sec. 325. Early voting.’’. 
(b) STANDARDS FOR EARLY VOTING.— 
(1) IN GENERAL.—Subtitle E of title II of the 
Help America Vote Act of 2002, as added and 
amended by this Act, is amended by adding at the 
end the following new section: 
‘‘SEC. 299B. STANDARDS FOR EARLY VOTING. 
‘‘(a) IN GENERAL.—The Commission shall issue 
standards for the administration of voting prior to the day 
scheduled for a Federal election. Such standards shall in-
clude the nondiscriminatory geographic placement of poll-
ing places at which such voting occurs. 
‘‘(b) DEVIATION.—The standards described in sub-
section (a) shall permit States, upon providing adequate 
public notice, to deviate from any requirement in the case 
of unforeseen circumstances such as a natural disaster, 
terrorist attack, or a change in voter turnout.’’. 
(2) CLERICAL AMENDMENT.—The table of con-
tents for subtitle E of title II of such Act, as added 
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and amended by this Act, is amended by adding at 
the end the following new item: 
‘‘Sec. 299B. Standards for early voting.’’. 
SEC. 108. IMPROVEMENTS TO VOTING SYSTEMS. 
(a) IN GENERAL.—Section 301(a)(1)(B) of the Help 
America Vote Act of 2002 (42 U.S.C. 15481(a)(1)(B)) is 
amended by striking ‘‘, a punch card voting system, or 
a central count voting system’’. 
(b) CLARIFICATION OF REQUIREMENTS FOR PUNCH 
CARD SYSTEMS.—Section 301(a)(1)(A) of such Act (42 
U.S.C. 15481(a)(1)(A)) is amended by striking ‘‘any 
lever’’ and inserting ‘‘any punch card voting system, 
lever’’. 
SEC. 109. VOTER REGISTRATION. 
(a) IN GENERAL.—Section 303(b)(4) of the Help 
America Vote Act of 2002 (42 U.S.C. 15483(b)(4)) is 
amended by adding at the end the following new subpara-
graphs: 
‘‘(C) EXCEPTION.—On and after January 
1, 2011— 
‘‘(i) in lieu of the questions and state-
ments required under subparagraph (A), 
such mail voter registration form shall in-
clude an affidavit to be signed by the reg-
istrant attesting both to citizenship and 
age; and 
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‘‘(ii) subparagraph (B) shall not 
apply. 
‘‘(D) APPLICATION TO FORMS DEVELOPED 
BY STATES.—For purposes of section 6(a)(2) of 
the National Voter Registration Act of 1993 
(42 U.S.C. 1973gg–4(a)(2)), any form devel-
oped and used by a State for the registration 
of voters in elections for Federal office shall not 
be considered to meet all of the criteria stated 
in section 9(b) of such Act unless the form 
meets the requirements of subparagraph (C).’’. 
(b) INTERNET REGISTRATION.— 
(1) IN
GENERAL.—Subtitle C of title III of 
such Act, as added and amended by this Act, is 
amended by adding at the end the following new sec-
tion: 
‘‘SEC. 326. INTERNET REGISTRATION. 
‘‘(a) INTERNET REGISTRATION.—Each State shall 
establish a program under which individuals may access 
and submit voter registration forms electronically through 
the Internet. 
‘‘(b) EFFECTIVE DATE.—Each State shall be re-
quired to comply with the requirements of this section on 
and after January 1, 2011.’’. 
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(2) CLERICAL AMENDMENT.—The table of con-
tents for subtitle C of title III of such Act, as added 
and amended by this Act, is amended by adding at 
the end the following new item: 
‘‘Sec. 326. Internet registration.’’. 
(c) STANDARDS FOR INTERNET REGISTRATION.— 
(1) IN GENERAL.—Subtitle E of such Act, as 
added and amended by this Act, is amended by add-
ing at the end the following new section: 
‘‘SEC. 299C. STANDARDS FOR INTERNET REGISTRATION 
PROGRAMS. 
‘‘The Commission shall establish standards regarding 
the design and operation of programs which allow elec-
tronic voter registration through the Internet.’’. 
(2) CLERICAL AMENDMENT.—The table of con-
tents for subtitle E of title II of such Act, as added 
and amended by this Act, is amended by adding at 
the end the following new item: 
‘‘Sec. 299C. Standards for Internet registration programs.’’. 
SEC. 110. ESTABLISHING VOTER IDENTIFICATION. 
(a) IN GENERAL.— 
(1) 
IN
PERSON
VOTING.—Section 
303(b)(2)(A)(i) of the Help America Vote Act of 
2002 (42 U.S.C. 15483(b)(2)(A)(i)) is amended— 
(A) by striking ‘‘or’’ at the end of sub-
clause (I); and 
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(B) by adding at the end the following new 
subclause: 
‘‘(III) executes a written affidavit 
attesting to such individual’s identity; 
or’’. 
(2) VOTING BY MAIL.—Section 303(b)(2)(A)(ii) 
of such Act (42 U.S.C. 15483(b)(2)(A)(ii)) is 
amended— 
(A) by striking ‘‘or’’ at the end of sub-
clause (I); 
(B) by striking the period at the end of 
subclause (II) and inserting ‘‘; or’’; and 
(C) and by adding at the end the following 
new subclause: 
‘‘(III) a written affidavit, exe-
cuted by such individual, attesting to 
such individual’s identity.’’. 
(b) STANDARDS FOR VERIFYING VOTER INFORMA-
TION.— 
(1) IN GENERAL.—Subtitle E of such Act, as 
added and amended by this Act, is amended by add-
ing at the end the following new section: 
‘‘SEC. 299D. VOTER IDENTIFICATION. 
‘‘The Commission shall develop standards for 
verifying the identification information required under sec-
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tion 303(a)(5) in connection with the registration of an 
individual to vote in a Federal election.’’. 
(2) CLERICAL AMENDMENT.—The table of con-
tents for subtitle E of title II of such Act, as added 
by this Act, is amended by adding at the end the fol-
lowing new item: 
‘‘Sec. 299D. Voter identification.’’. 
SEC. 111. IMPARTIAL ADMINISTRATION OF ELECTIONS. 
(a) ELECTION ADMINISTRATION REQUIREMENTS.— 
(1) IN GENERAL.—Subtitle C of title III of the 
Help America Vote Act of 2002, as added and 
amended by this Act, is amended by adding at the 
end the following new section: 
‘‘SEC. 327. ELECTION ADMINISTRATION REQUIREMENTS. 
‘‘(a) NOTICE
OF CHANGES
IN STATE ELECTION 
LAWS.—Not later than 15 days prior to any Federal elec-
tion, each State shall issue a public notice describing all 
changes in State law affecting the administration of Fed-
eral elections since the most recent prior election. 
‘‘(b) OBSERVERS.— 
‘‘(1) IN GENERAL.—Each State shall allow uni-
form and nondiscriminatory access to any polling 
place for purposes of observing a Federal election 
to— 
‘‘(A) voting rights and civil rights organi-
zations; and 
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‘‘(B) nonpartisan domestic observers and 
international observers. 
‘‘(2) NOTICE OF DENIAL OF OBSERVATION RE-
QUEST.—Each State shall issue a public notice with 
respect to any denial of a request by any observer 
described in paragraph (1) for access to any polling 
place for purposes of observing a Federal election. 
Such notice shall be issued not later than 24 hours 
after such denial. 
‘‘(3) NO INTERFERENCE WITH ELECTION PER-
MITTED.—Nothing in this subsection may be con-
strued to permit any individual observing a Federal 
election pursuant to this subsection to engage in 
campaign activity at a polling place or interfere in 
any way with the conduct of the election. 
‘‘(c) EFFECTIVE DATE.—Each State shall be re-
quired to comply with the requirements of this section on 
and after January 1, 2011.’’. 
(2) CLERICAL AMENDMENT.—The table of con-
tents for subtitle C of title III of such Act, as added 
and amended by this Act, is amended by adding at 
the end the following new item: 
‘‘Sec. 327. Election administration requirements.’’. 
(b) STUDY OF ADMINISTRATION OF ELECTIONS BY 
NONPARTISAN BOARDS.— 
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(1) STUDY.—The Election Assistance Commis-
sion shall conduct a study analyzing the feasibility 
and desirability of requiring States to carry out the 
administration of elections for Federal office 
through nonpartisan election boards. 
(2) REPORT.—Not later than January 1, 2011, 
the Commission shall submit a report to Congress 
and the relevant committees of Congress on the 
study conducted under paragraph (1). 
SEC. 112. STRENGTHENING THE ELECTION ASSISTANCE 
COMMISSION. 
(a) BUDGET REQUESTS.— 
(1) IN GENERAL.—Part 1 of subtitle A of title 
II of the Help America Vote Act of 2002 (42 U.S.C. 
15321 et seq.) is amended by inserting after section 
209 the following new section: 
‘‘SEC. 209A. SUBMISSION OF BUDGET REQUESTS. 
‘‘Whenever the Commission submits any budget esti-
mate or request to the President or the Office of Manage-
ment and Budget, it shall concurrently transmit a copy 
of such estimate or request to the Congress and to all rel-
evant committees of the House and Senate.’’. 
(2) CLERICAL AMENDMENT.—The table of con-
tents for part 1 of subtitle A of title II of such Act 
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is amended by inserting after the item relating to 
section 209 the following new item: 
‘‘Sec. 209A. Submission of budget requests.’’. 
(b) EXEMPTION
FROM
PAPERWORK
REDUCTION 
ACT.—Section 3502(1) of title 44, United States Code, 
is amended— 
(1) by redesignating subparagraphs (B), (C), 
and (D) as subparagraphs (C), (D), and (E); and 
(2) by inserting after subparagraph (A) the fol-
lowing new subparagraph: 
‘‘(B) the Election Assistance Commis-
sion;’’. 
(c) RULEMAKING.—Section 209 of the Help America 
Vote Act of 2002 (42 U.S.C. 15239) is amended— 
(1) by striking ‘‘The Commission’’ and insert-
ing the following: 
‘‘(a) IN GENERAL.—Except as provided in subsection 
(b), the Commission’’; and 
(2) by adding at the end the following new sub-
section: 
‘‘(b) EXCEPTION.—On and after January 1, 2011, 
subsection (a) shall not apply to any authority granted 
under subtitle E of this title or subtitle C of title III.’’. 
(d) NIST AUTHORITY.— 
(1) IN GENERAL.—Subtitle E of title II of the 
Help America Vote Act of 2002, as added and 
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amended by this Act, is amended by adding at the 
end the following new section: 
‘‘SEC. 299E. TECHNICAL SUPPORT. 
‘‘At the request of the Commission, the Director of 
the National Institute of Standards and Technology shall 
provide the Commission with technical support necessary 
for the Commission to carry out its duties under this 
title.’’. 
(2) CLERICAL AMENDMENT.—The table of con-
tents for subtitle E of title II of such Act, as added 
by this Act, is amended by adding at the end the fol-
lowing new item: 
‘‘Sec. 299E. Technical support.’’. 
(e) AUTHORIZATION OF APPROPRIATIONS.—Section 
210 of the Help America Vote Act of 2002 (42 U.S.C. 
15330) is amended by striking ‘‘for each of the fiscal years 
2003 through 2005’’ and all that follows and inserting the 
following: ‘‘for the Commission to carry out this title the 
following: 
‘‘(1) For each of fiscal years 2003 through 
2009, $10,000,000. 
‘‘(2) For fiscal year 2010, $23,000,000, of 
which $3,000,000 is solely to carry out section 
299E. 
‘‘(3) For fiscal year 2011 and each succeeding 
fiscal year, such sums as may be necessary.’’. 
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SEC. 113. ADDITIONAL PROTECTIONS TO ENSURE FAIR AD-
MINISTRATION OF FEDERAL ELECTIONS. 
(a) REQUIRING USE OF PUBLICLY AVAILABLE OPEN 
SOURCE SOFTWARE IN VOTING MACHINES.— 
(1) REQUIRING USE OF OPEN SOURCE SOFT-
WARE.— 
(A) IN GENERAL.—Subtitle C of title III of 
such Act, as added and amended by this Act, 
is amended by adding at the end the following 
new section: 
‘‘SEC. 328. REQUIRING USE OF PUBLICLY AVAILABLE OPEN 
SOURCE SOFTWARE IN VOTING MACHINES. 
‘‘(a) IN GENERAL.—Each State shall ensure that 
each voting machine used by the State for elections for 
Federal office uses open source software which may be ac-
cessible for inspection by the public, in accordance with 
standards established by the Commission under section 
299G. 
‘‘(b) EFFECTIVE DATE.—Each State shall be re-
quired to comply with the requirements of this section on 
and after January 1, 2011.’’. 
(B) CLERICAL AMENDMENT.—The table of 
contents for subtitle C of title III of such Act, 
as added and amended by this Act, is amended 
by adding at the end the following new item: 
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‘‘Sec. 328. Requiring use of publicly available open source software in voting 
machines.’’. 
(2) ESTABLISHMENT OF STANDARDS.— 
(A) IN GENERAL.—Subtitle E of title II of 
such Act, as added and amended by this Act, 
is amended by adding at the end the following 
new section: 
‘‘SEC. 299F. STANDARDS FOR PUBLICLY AVAILABLE OPEN 
SOURCE SOFTWARE IN VOTING MACHINES. 
‘‘The Commission shall establish standards for the 
software used in voting machines for elections for Federal 
offices, including standards to ensure that all such soft-
ware is open source software which may be accessible for 
inspection by the public.’’. 
(B) CLERICAL AMENDMENT.—The table of 
contents for subtitle E of title II of such Act, 
as added and amended by this Act, is amended 
by adding at the end the following new item: 
‘‘Sec. 299F. Standards for publicly available open source software in voting ma-
chines.’’. 
(b) STANDARDS FOR CONDUCTING RECOUNTS.— 
(1) IN
GENERAL.—Subtitle C of title III of 
such Act, as added and amended by this Act, is 
amended by adding at the end the following new sec-
tion: 
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‘‘SEC. 329. STANDARDS FOR CONDUCTING RECOUNTS. 
‘‘In conducting any recount with respect to any elec-
tion for Federal office in the State, the State shall ensure 
that a vote in the election will be counted when the intent 
of the voter can reasonably be determined from the bal-
lot.’’. 
(2) CLERICAL AMENDMENT.—The table of con-
tents for subtitle C of title III of such Act, as added 
and amended by this Act, is amended by adding at 
the end the following new item: 
‘‘Sec. 329. Standards for conducting recounts.’’. 
(c) PROHIBITING CONFLICTS OF INTEREST OF ENTI-
TIES INVOLVED IN MANUFACTURE, DISTRIBUTION, OR 
OTHER ACTIVITIES RELATING TO VOTING MACHINES.— 
(1) PROHIBITING
AGREEMENTS
BY
STATES 
WITH ENTITIES FAILING TO MEET ANTI-CONFLICT 
OF INTEREST STANDARDS.— 
(A) IN GENERAL.—Subtitle C of title III of 
such Act, as added and amended by this Act, 
is amended by adding at the end the following 
new section: 
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‘‘SEC. 329A. PROHIBITING AGREEMENTS WITH ENTITIES 
FAILING TO MEET ANTI-CONFLICT OF INTER-
EST STANDARDS FOR ENTITIES INVOLVED 
WITH VOTING MACHINES. 
‘‘(a) IN GENERAL.—In carrying out an election for 
Federal office, a State may not enter into any agreement 
with an entity regarding the manufacture, distribution, in-
stallation, servicing, or other activity with respect to a vot-
ing machine to be used for the election if the entity is 
not in compliance with the standards established by the 
Commission under section 299G for prohibiting conflicts 
of interest of such entities. 
‘‘(b) EFFECTIVE DATE.—Each State shall be re-
quired to comply with the requirements of this section on 
and after January 1, 2011.’’. 
(B) CLERICAL AMENDMENT.—The table of 
contents for subtitle C of title III of such Act, 
as added and amended by this Act, is amended 
by adding at the end the following new item: 
‘‘Sec. 329A. Prohibiting agreement with entities failing to meet anti-conflict of 
interest standards for entities involved with voting machines.’’. 
(2) ESTABLISHMENT OF STANDARDS.— 
(A) IN GENERAL.—Subtitle E of title II of 
such Act, as added and amended by this Act, 
is amended by adding at the end the following 
new section: 
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‘‘SEC. 299G. STANDARDS FOR PROHIBITING CONFLICTS OF 
INTEREST OF ENTITIES INVOLVED IN MANU-
FACTURE, DISTRIBUTION, OR OTHER ACTIVI-
TIES RELATING TO VOTING MACHINES. 
‘‘The Commission shall establish standards to pro-
hibit conflicts of interest of entities engaged in the manu-
facture, distribution, installation, servicing, or other activi-
ties with respect to voting machines, including standards 
to prohibit any such entity from directly or indirectly pro-
viding any funds or property (including in-kind funds and 
property) to any candidate for public office, any political 
party, any political committee under the Federal Election 
Campaign Act of 1971, any organization described in sec-
tion 527 of the Internal Revenue Code of 1986, or any 
other entity organized for any partisan political purpose.’’. 
(B) CLERICAL AMENDMENT.—The table of 
contents for subtitle E of title II of such Act, 
as added and amended by this Act, is amended 
by adding at the end the following new item: 
‘‘Sec. 299G. Standards for prohibiting conflicts of interest of entities involved 
in manufacture, distribution, or other activities relating to vot-
ing machines.’’. 
SEC. 114. AUTHORIZATION OF APPROPRIATIONS. 
Section 257(a) of the Help America Vote Act of 2002 
(42 U.S.C. 15408(a)) is amended by adding at the end 
the following new paragraphs: 
‘‘(4) For fiscal year 2010, $2,000,000,000. 
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‘‘(5) For each fiscal year after 2010, such sums 
as are necessary.’’. 
SEC. 115. EFFECTIVE DATE. 
This title and the amendments made by this title 
shall take effect on January 1, 2010. 
TITLE II—PROHIBITING 
DECEPTIVE PRACTICES 
SEC. 201. PROHIBITION ON DECEPTIVE PRACTICES IN FED-
ERAL ELECTIONS. 
(a) IN GENERAL.—Chapter 29 of title 18, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘§ 618. Deceptive practices in Federal elections 
‘‘(a) Whoever, within 60 days before a Federal elec-
tion, knowingly communicates election-related information 
about that election, knowing that information to be false, 
with the intent to prevent another person from exercising 
the right to vote in that election, or attempts to do so, 
shall be fined under this title or imprisoned not more than 
5 years, or both. 
‘‘(b) As used in this section— 
‘‘(1) the term ‘Federal election’ means any gen-
eral, primary, run-off, or special election for the of-
fice of President, Vice President, presidential elector, 
Member of the Senate, Member of the House of 
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Representatives, or Delegate or Commissioner from 
a territory or possession; and 
‘‘(2) the term ‘election related information’ 
means information regarding— 
‘‘(A) the time, place, or manner of con-
ducting the election; 
‘‘(B) the qualifications for or restrictions 
on voter eligibility for the election, including— 
‘‘(i) any criminal penalties associated 
with voting in the election; or 
‘‘(ii) information regarding a voter’s 
registration status or eligibility; 
‘‘(C) with respect to a closed primary elec-
tion, the political party affiliation of any can-
didate for office, if the communication of the 
information also contains false information de-
scribed in subparagraph (A) or (B); or 
‘‘(D) the explicit endorsement by any per-
son or organization of a candidate running for 
any office voted on in the election.’’. 
(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 new item: 
‘‘618. Deceptive practices in Federal elections.’’. 
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