for Federal office by reason of criminal convic-
tion or mental incapacity unless the State pro-
vides the registrant with a notice of removal 
meeting the requirements of subparagraph (B) 
not later than 30 days before the date of the 
election. 
‘‘(B) REQUIREMENTS
FOR
NOTICE.—The 
notice required under this subparagraph shall 
be sent by forwardable mail, and shall include 
the following: 
‘‘(i) A statement that the State in-
tends to remove the registrant from the of-
ficial list of eligible voters for elections for 
Federal office. 
‘‘(ii) A description of the reasons for 
removal, including (in the case of an indi-
vidual proposed to be removed by reason of 
criminal conviction) sufficient identifying 
information on the criminal conviction al-
leged to be the basis for removal to enable 
the registrant to determine whether the 
registrant was convicted of the offense 
cited in the notice. 
‘‘(iii) A statement that the registrant 
may obtain a review of the removal from
an appropriate State election official in ac-
cordance with paragraph (2). 
‘‘(iv) A postage pre-paid and pre-ad-
dressed envelope and a clear list of contact 
information for the appropriate state elec-
tion official that includes a mailing ad-
dress, telephone number, and fax number. 
‘‘(2) REVIEW OF DECISION TO REMOVE.— 
‘‘(A) IN GENERAL.—A registrant who re-
ceives a notice of removal under paragraph (1) 
may submit a written request to an appropriate 
State election official to withdraw the notice 
and retain the registrant on the official list of 
eligible voters, and may include in the request 
such information and evidence as the registrant 
considers appropriate to show that the reg-
istrant is not subject to removal from the list 
under State law, including information and evi-
dence showing that the registrant was not con-
victed of the criminal offense cited in the notice 
(in the case of an individual proposed to be re-
moved by reason of criminal conviction). 
‘‘(B) RESPONSE
BY
STATE.—Not later 
than 10 days after receiving a request from a 
registrant under subparagraph (A), the State
shall review the information and evidence in-
cluded and accept or reject the request, and 
shall notify the registrant in writing of its deci-
sion. 
‘‘(3) OPPORTUNITY TO CAST PROVISIONAL BAL-
LOT.—Any registrant who receives a notice of re-
moval under paragraph (1) and believes that the re-
moval decision was made in error shall be permitted 
to cast a provisional ballot in an election for Federal 
office in accordance with section 302(a) of the Help 
America Vote Act of 2002.’’. 
(b) CONFORMING AMENDMENT.—Section 8(a)(3)(B) 
of such Act (42 U.S.C. 1973gg–6(a)(3)(B)) is amended 
by striking ‘‘State law,’’ and inserting ‘‘State law and con-
sistent with the requirements of subsection (j),’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this Act shall apply with respect to the regularly scheduled 
general election for Federal office in November 2004 and 
each succeeding election for Federal office. 
SEC. 4. RULE OF CONSTRUCTION. 
Nothing in this Act or any amendment made by this 
Act may be construed— 
(1) to affect the right of any individual to cast 
a provisional ballot under section 302(a) of the Help 
America Vote Act of 2002; or
(2) to prohibit any State from providing indi-
viduals threatened with removal from the official list 
of eligible voters in the State with greater protec-
tions than those required under section 8(j) of the 
National Voter Registration Act of 1993 (as added 
by section 2(a)). 
Æ