H. R. 2—8
the registrant may verify or correct the address informa-
tion; or
(ii) the registrant has moved to a different residence
address not in the same registrar’s jurisdiction, the reg-
istrar uses the notice procedure 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 Federal office,
any program the purpose of which is to systematically remove
the names of ineligible voters from the official 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 sub-
section (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 residence 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 described in para-
graph (2); and
(ii) has not voted or appeared to vote (and, if necessary,
correct the registrar’s record of the registrant’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 following effect:
(A) If the registrant did not change his or her residence,
or changed residence but remained in the registrar’s jurisdic-
tion, 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 registrant is
permitted to vote in a Federal election during the period begin-
ning 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 registrant’s name
will be removed from the list of eligible 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 con-
tinue 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 conformance with this sub-
section.
(e) PROCEDURE FOR VOTING FOLLOWING FAILURE TO RETURN
CARD.—(1) A registrant who has moved from an address in the
H. R. 2—9
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 reg-
istrant 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 writ-
ten affirmation by the registrant 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 same registrar’s jurisdiction
designated by the registrar where a list of eligible voters is
maintained, upon written affirmation by the registrant of the
new address on a standard form provided by the registrar
at the central location; or
(II) shall be permitted to correct the voting records for
purposes of voting in future elections at the appropriate polling
place for the current address and, if permitted by State law,
shall be permitted to vote in the present election, upon con-
firmation by the registrant of the new address by such means
as are required by law.
(B) If State law permits the registrant to vote in the current
election upon oral or written affirmation by the registrant of the
new address at a polling place described in subparagraph (A)(i)
or (A)(ii)(II), voting at the other locations described in subparagraph
(A) need not be provided as options.
(3) If the registration records indicate that a registrant has
moved from an address in the area covered by a polling place,
the registrant shall, upon oral or written affirmation by the reg-
istrant before an election official at that polling place that the
registrant continues to reside at the address previously made known
to the registrar, be permitted to vote at that polling place.
(f) CHANGE
OF VOTING ADDRESS WITHIN
A JURISDICTION.—
In the case of a change of address, for voting purposes, of a reg-
istrant 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
H. R. 2—10
(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 determining the effect
that a conviction may have on an offender’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 para-
graph (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 reg-
istration 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 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 organization under section 3626
for the purpose of making a mailing 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 inserting 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 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 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 governs a larger geographic
H. R. 2—11
area than a municipality, the geographic area governed by
that unit of government; or
(3) if voter registration is maintained on a consolidated
basis for more than one municipality or other unit of govern-
ment by an office that performs all of the functions of a voting
registrar, the geographic area of the consolidated municipalities
or other geographic units.
SEC. 9. FEDERAL COORDINATION AND REGULATIONS.
(a) IN GENERAL.—The Federal Election Commission—
(1) in consultation with the chief election officers of the
States, shall prescribe such regulations as are necessary to
carry out paragraphs (2) and (3);
(2) in consultation with the chief election officers of the
States, shall develop a mail voter registration application form
for elections for Federal office;
(3) not later than June 30 of each odd-numbered year,
shall submit to the Congress a report assessing the impact
of this Act on the administration of elections for Federal office
during the preceding 2-year period and including recommenda-
tions 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 information (including
the signature of the applicant) and other information (including
data relating to previous registration by the applicant), as
is necessary to enable the appropriate State election official
to assess the eligibility of the applicant and to administer
voter registration and other parts of the election process;
(2) shall include a statement that—
(A) specifies each eligibility requirement (including citi-
zenship);
(B) contains an attestation that the applicant meets
each such requirement; and
(C) requires the signature of the applicant, under pen-
alty of perjury;
(3) may not include any requirement for notarization or
other formal authentication; and
(4) shall include, in print that is identical to that used
in the attestation portion of the application—
(i) the information required in section 8(a)(5) (A) and
(B);
(ii) a statement that, if an applicant declines to register
to vote, the fact that the applicant has declined to register
will remain confidential and will be used only for voter
registration purposes; and
(iii) a statement that if an applicant does register
to vote, the office at which the applicant submits a voter
registration application will remain confidential and will
be used only for voter registration purposes.
SEC. 10. DESIGNATION OF CHIEF STATE ELECTION OFFICIAL.
Each State shall designate a State officer or employee as the
chief State election official to be responsible for coordination of
State responsibilities under this Act.
H. R. 2—12
SEC. 11. CIVIL ENFORCEMENT AND PRIVATE RIGHT OF ACTION.
(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 relief 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 para-
graph (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, including 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 conduct 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, threatens, or
coerces, or attempts to intimidate, threaten, or coerce, any
person for—
(A) registering to vote, or voting, or attempting 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, ficti-
tious, 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
(which fines shall be paid into the general fund of the Treasury,
miscellaneous receipts (pursuant to section 3302 of title 31, United
H. R. 2—13
States Code), notwithstanding any other law), 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 constitution of the State
that would preclude compliance with this Act unless the State
maintained separate Federal and State official lists of eligible
voters, on the later of—
(A) January 1, 1996; or
(B) the date that is 120 days after the date by which,
under the constitution of the State as in effect on the
date of enactment of this Act, it would be legally possible
to adopt and place into effect any amendments to the
constitution of the State that are necessary to permit such
compliance with this Act without requiring a special elec-
tion; and
(2) with respect to any State not described in paragraph
(1), on January 1, 1995.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.