I
103D CONGRESS
1ST SESSION
H. R. 499
To establish national voter registration procedures for Federal elections, and
for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JANUARY 21, 1993
Mr. CONYERS introduced the following bill; which was referred jointly to the
Committees on House Administration and Post Office and Civil Service
A BILL
To establish national voter registration procedures for
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.
This Act may be cited as the ‘‘Universal Voter Reg-
istration Act of 1993’’.
SEC. 2. FINDINGS AND PURPOSES.
(a) FINDINGS.—The Congress finds that—
(1) the right to vote is fundamental in a democ-
racy, and it is the duty of the Federal, State, and
HR 499 IH
local governments to promote and maximize the ex-
ercise of that right in elections for Federal office;
(2) the Congress has the authority to regulate
the time and manner in which citizens may register
for, and vote in, elections for Federal office;
(3) the establishment of national standards for
voter registration with respect to elections for Fed-
eral office would facilitate the participation of citi-
zens in the electoral process and would remove bar-
riers to, and maximize, such participation; and
(4) discriminatory and unfair registration laws
and procedures can have a direct and damaging ef-
fect on voter participation in elections for Federal
office and disproportionately harm voter participa-
tion by various groups, including racial minorities.
(b) PURPOSES.—The purposes of this Act are—
(1) to establish procedures that will increase
the number of eligible citizens who register to vote
in elections for Federal office;
(2) to make it possible for Federal, State, and
local governments to implement this Act in a man-
ner that enhances the participation of eligible citi-
zens as voters in elections for Federal office;
(3) to protect the integrity of the electoral proc-
ess; and
HR 499 IH
(4) to ensure that accurate and current voter
registration rolls are maintained.
SEC. 3. DEFINITIONS.
As used in this Act—
(1) the term ‘‘election’’ has the meaning stated
in section 301(1) of the Federal Election Campaign
Act of 1971 (2 U.S.C. 431(1));
(2) the term ‘‘Federal office’’ has the meaning
stated in section 301(3) of the Federal Election
Campaign Act of 1971 (2 U.S.C. 431(3));
(3) the term ‘‘motor vehicle driver’s license’’ in-
cludes any personal identification document issued
by a State motor vehicle authority;
(4) the term ‘‘State’’ means a State of the
United States and the District of Columbia;
(5) the term ‘‘voter registration agency’’ means
an office designated under section 7(a)(1) to per-
form voter registration activities; and
(6) the terms ‘‘registrar’s jurisdiction’’ and ‘‘ju-
risdiction of the same registrar’’ mean—
(A) an incorporated city, town, borough, or
other form of municipality;
(B) if voter registration is maintained by a
county, parish, or other unit of government that
governs a larger geographic area than a munici-
HR 499 IH
pality, the geographic area governed by that
unit of government; or
(C) if voter registration is maintained on a
consolidated basis for more than one municipal-
ity or other unit of government by an office
that performs all the functions of a voting reg-
istrar, the geographic area of the consolidated
municipalities or other geographic units.
SEC. 4. NATIONAL PROCEDURES FOR VOTER REGISTRA-
TION FOR ELECTIONS FOR FEDERAL OFFICE.
(a) IN GENERAL.—Except as provided in subsection
(b), notwithstanding any other Federal or State law, in
addition to any other method of voter registration pro-
vided for under State law, each State shall establish proce-
dures to register to vote in elections for Federal office—
(1) by application made simultaneously with an
application for a motor vehicle driver’s license pursu-
ant to section 5;
(2) by mail application pursuant to section 6;
and
(3) by application in person—
(A) at the appropriate registration site
designated with respect to the residence of the
applicant in accordance with State law; and
HR 499 IH
(B) at a Federal, State, or nongovern-
mental office designated under section 7.
(b) NONAPPLICABILITY TO CERTAIN STATES.—This
Act does not apply to a State described in either or both
of the following paragraphs:
(1) A State in which there is no voter registra-
tion requirement for any voter in the State with re-
spect to an election for Federal office.
(2) A State in which all voters in the State may
register to vote at the polling place at the time of
voting in a general election for Federal office.
SEC. 5. SIMULTANEOUS APPLICATION FOR VOTER REG-
ISTRATION AND APPLICATION FOR MOTOR
VEHICLE DRIVER’S LICENSE.
(a) IN GENERAL.—(1) Except as provided in sub-
section (b), each State motor vehicle driver’s license appli-
cation (including any renewal application) submitted to
the appropriate State motor vehicle authority under State
law shall serve as an application for voter registration with
respect to elections for Federal office.
(2) An application for voter registration submitted
under paragraph (1) shall be considered as updating any
previous voter registration by the applicant.
(b) DECLINATION TO REGISTER.—(1) An applicant
for a State motor vehicle driver’s license may decline in
HR 499 IH
writing to be registered by means of the motor vehicle
driver’s license application.
(2) No information relating to a declination pursuant
to paragraph (1) may be used for any purpose other than
voter registration.
(c) FORMS AND PROCEDURES.—(1) Each State shall
include a voter registration application form for elections
for Federal office as part of an application for a State
motor vehicle driver’s license.
(2) The voter registration application portion of an
application for a State motor vehicle driver’s license—
(A) may not require any information that dupli-
cates information required in the driver’s license
portion of the form (other than a second signature
or other information necessary under subparagraph
(C));
(B) shall include a means by which an applicant
may decline to register to vote pursuant to sub-
section (b);
(C) may require only the minimum amount of
information necessary to—
(i) prevent duplicate voter registrations;
and
(ii) enable State election officials to assess
the eligibility of the applicant and to administer
HR 499 IH
voter registration and other parts of the elec-
tion process;
(D) shall include a statement that—
(i) states each eligibility requirement (in-
cluding citizenship);
(ii) contains an attestation that the appli-
cant meets each such requirement; and
(iii) requires the signature of the applicant,
under penalty of perjury; and
(E) shall be made available (as submitted by
the applicant, or in machine readable or other for-
mat) to the appropriate State election official as pro-
vided by State law.
(d) CHANGE OF ADDRESS.—Any change of address
form submitted in accordance with State law for purposes
of a State motor vehicle driver’s license shall serve as noti-
fication of change of address for voter registration with
respect to elections for Federal office for the registrant
involved unless the registrant states on the form that the
change of address is not for voter registration purposes.
SEC. 6. MAIL REGISTRATION.
(a) FORM.—(1) Each State shall accept and use the
mail voter registration application form prescribed by the
Federal Election Commission pursuant to section 9(a)(2)
for the registration of voters in elections for Federal office.
HR 499 IH
(2) In addition to accepting and using the form de-
scribed in paragraph (1), a State may develop and use
a mail voter registration form that meets all of the criteria
stated in section 9(a)(2) for the registration of voters in
elections for Federal office.
(3) A form described in paragraph (1) or (2) shall
be accepted and used for notification of a registrant’s
change of address.
(b) AVAILABILITY OF FORMS.—The chief State elec-
tion official of a State shall make the forms described in
subsection (a) available for distribution through govern-
mental and private entities, with particular emphasis on
making them available for organized voter registration
programs.
(c) FIRST-TIME VOTERS.—(1) Subject to paragraph
(2), a State may by law require a person to vote in person
if—
(A) the person was registered to vote in a local
jurisdiction by mail; and
(B) the person has not previously voted in that
jurisdiction.
(2) Paragraph (1) does not apply in the case of a
person—
HR 499 IH
(A) who is entitled to vote by absentee ballot
under the Uniformed and Overseas Citizens Absen-
tee Voting Act (42 U.S.C. 1973ff–1 et seq.);
(B) who is provided the right to vote otherwise
than in person under section 3(b)(2)(B)(ii) of the
Voting Accessibility for the Elderly and Handi-
capped Act (42 U.S.C. 1973ee–1(b)(2)(B)(ii)); or
(C) who is entitled to vote otherwise than in
person under any other law.
SEC. 7. VOTER REGISTRATION AGENCIES.
(a) DESIGNATION.—(1) Each State shall designate
agencies for the registration of voters in elections for Fed-
eral office.
(2) Each State shall designate as voter registration
agencies—
(A) all offices in the State that provide public
assistance, unemployment compensation, or related
services;
(B) all offices in the State that provide State-
funded programs primarily engaged in providing
services to persons with disabilities; and
(C) all universities and colleges in the State
that are State-funded, public schools, and public vo-
cational training centers.
HR 499 IH
(3)(A) In addition to voter registration agencies des-
ignated under paragraph (2), each State shall designate
other offices within the State as voter registration agen-
cies.
(B) Voter registration agencies designated under sub-
paragraph (A) may include—
(i) State or local government offices such as
public libraries, offices of city and county clerks (in-
cluding marriage license bureaus), fishing and hunt-
ing license bureaus, government revenue offices, and
offices not described in paragraph (2)(B) that pro-
vide services to persons with disabilities; and
(ii) Federal and nongovernmental offices, with
the agreement of such offices.
(4)(A) At each voter registration agency, the follow-
ing services shall be made available:
(i) Distribution of mail voter registration appli-
cation forms in accordance with paragraph (6).
(ii) Assistance to applicants in completing voter
registration application forms.
(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-
HR 499 IH
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); or
(ii) the office’s own form if it is substan-
tially equivalent to the form described in section
9(a)(2), unless the applicant, in writing, de-
clines to register to vote;
HR 499 IH
(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
HR 499 IH
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-
HR 499 IH
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);
HR 499 IH
(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
HR 499 IH
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 60 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 pre-
clude—
(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 jurisdiction
in which the registrant is registered; or
(B)(i) has failed to respond to a notice de-
scribed in paragraph (2); and
HR 499 IH
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.
HR 499 IH
(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:
‘‘SEC. 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
of mail that is available to a qualified nonprofit organiza-
tion under section 3626 for the purpose of making a mail-
ing (including a return mailing to the official using a pre-
paid envelope supplied by the official) that the official cer-
tifies is required or authorized by the Universal Voter
Registration Act of 1992.’’
(2) Section 2401(c) of title 39, United States Code,
is amended by striking ‘‘and 3626(a)–(h)’’ and inserting
‘‘3626(a)–(h), and 3629’’.
HR 499 IH
(3) Section 3627 of title 39, United States Code, is
amended by striking ‘‘or 3626 of this title,’’ and inserting
‘‘, 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 promptly available for public in-
spection and, where available, photocopying at a reason-
able cost, all records concerning the implementation of
programs and activities conducted for the purpose of en-
suring 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 identify 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 per-
son has responded to the notice as of the date that inspec-
tion of the records is made.
(j) AFFIRMATION AND CONFIRMATION.—(1) For the
purposes of this Act, ‘‘affirmation’’ shall mean a sworn
HR 499 IH
statement under oath. Each State shall provide a brief,
preprinted form for this purpose, which requires only the
signature of the voter. Persons who cannot write will be
permitted to provide an oral affirmation.
(2) For the purposes of this section, the State shall
accept the following means of providing a voter’s address
confirmation—
(A) a driver’s license;
(B) a bill, notice, or letter from any govern-
mental unit, agency, or public utility; or
(C) lease, deed, or rent receipt,
as sufficient confirmation. The State may also designate
additional methods of providing such confirmation of a
voter’s address.
(3) For the purposes of subsections (c), (d), and (e)
of this section, affirmation and confirmation may be ac-
complished by mail for persons voting by absentee ballot.
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
HR 499 IH
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-
HR 499 IH
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
HR 499 IH
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 part (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.).
HR 499 IH
(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 knowingly and willfully intimi-
dates, threatens, or coerces, or attempts to intimidate,
threaten, or coerce, any person for—
(1) registering to vote, or voting, or attempting
to register or vote;
(2) urging or aiding any person to register to
vote, to vote, or to attempt to register or vote; or
(3) exercising any right under this Act;
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.