I 
110TH CONGRESS 
2D SESSION 
H. R. 7244 
To amend the National Voter Registration Act of 1993 to establish notice 
and review requirements for the removal of individuals from the official 
list of eligible voters by reason other than a change of residence, and 
for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
OCTOBER 2, 2008 
Mr. HOLT introduced the following bill; which was referred to the Committee 
on House Administration 
A BILL 
To amend the National Voter Registration Act of 1993 to 
establish notice and review requirements for the removal 
of individuals from the official list of eligible voters by 
reason other than a change of residence, 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 ‘‘Protection Against 
Wrongful Voter Purges Act’’. 
VerDate Aug 31 2005 
20:24 Oct 04, 2008
Jkt 079200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H7244.IH
H7244
sroberts on PROD1PC76 with BILLS
SEC. 2. NOTICE AND REVIEW REQUIREMENTS FOR RE-
MOVAL OF INDIVIDUALS FROM OFFICIAL 
LIST 
OF 
ELIGIBLE 
VOTERS 
BY 
REASON 
OTHER THAN CHANGE OF RESIDENCE. 
(a) IN GENERAL.—Section 8 of the National Voter 
Registration Act of 1993 (42 U.S.C. 1973gg–6) is amend-
ed— 
(1) by redesignating subsection (j) as sub-
section (k); and 
(2) by inserting after subsection (i) the fol-
lowing new subsection: 
‘‘(j) NOTICE AND REVIEW REQUIREMENTS FOR RE-
MOVAL OF INDIVIDUALS FROM LIST OF ELIGIBLE VOT-
ERS
BY
REASON
OTHER
THAN
CHANGE
OF
RESI-
DENCE.— 
‘‘(1) MINIMUM NOTICE PRIOR TO REMOVAL.— 
‘‘(A) IN
GENERAL.—In addition to any 
other requirements applicable under this sec-
tion, a State may not remove a registrant from 
the official list of eligible voters for an election 
for Federal office by reason other than death or 
a change of residence unless the State provides 
the registrant with a notice of removal meeting 
the requirements of subparagraph (B) not later 
than 30 days before the date of the election. 
VerDate Aug 31 2005 
20:24 Oct 04, 2008
Jkt 079200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H7244.IH
H7244
sroberts on PROD1PC76 with BILLS
‘‘(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-
VerDate Aug 31 2005 
20:24 Oct 04, 2008
Jkt 079200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H7244.IH
H7244
sroberts on PROD1PC76 with BILLS
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 a designated 
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 
or that the period of ineligibility imposed as the 
result of a conviction of a criminal offense has 
expired (in the case of an individual proposed to 
be removed 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 
VerDate Aug 31 2005 
20:24 Oct 04, 2008
Jkt 079200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H7244.IH
H7244
sroberts on PROD1PC76 with BILLS
shall notify the registrant in writing of its deci-
sion. 
‘‘(3) SPECIAL RULES FOR REMOVAL BY REASON 
OF DEATH OF REGISTRANT.—In the case of an indi-
vidual proposed to be removed by reason of death— 
‘‘(A) the notice of removal under para-
graph (1) shall be addressed to the occupant of 
the most recent address of the registrant in the 
records of the appropriate State election offi-
cial; 
‘‘(B) the notice shall include a statement 
that the occupant should notify the appropriate 
State election official immediately if the notice 
of the registrant’s death is in error; 
‘‘(C) if the notice of removal was issued in 
error, the registrant may submit a written re-
quest under paragraph (2) to withdraw the no-
tice and retain the registrant on the official list 
of eligible voters; and 
‘‘(D) if the registrant submits such a writ-
ten request, the State shall notify the registrant 
of the decision made under paragraph (2)(B) 
with respect to the request. 
‘‘(4) OPPORTUNITY TO CAST PROVISIONAL BAL-
LOT.—Any registrant who receives a notice of re-
VerDate Aug 31 2005 
20:24 Oct 04, 2008
Jkt 079200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H7244.IH
H7244
sroberts on PROD1PC76 with BILLS
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, and the vote cast by such 
a ballot shall be counted in the election (in accord-
ance with the standards and procedures of such sec-
tion) if it is determined that the removal decision 
was made in error. 
‘‘(5) NO
EXPANSION
OF
GROUNDS
FOR
RE-
MOVAL.—Nothing in this subsection may be con-
strued to require or authorize the establishment of 
any grounds for the removal of a registrant from the 
official list of eligible voters for an election for Fed-
eral office which were not in effect prior to the en-
actment of this subsection.’’. 
(b) ADOPTION OF VOLUNTARY GUIDANCE REGARD-
ING AUDITS OF COMPUTERIZED LIST.—Section 311 of 
the Help America Vote Act of 2002 (42 U.S.C. 15501) 
is amended by adding at the end the following new sub-
section: 
‘‘(d) VOLUNTARY GUIDANCE REGARDING AUDITS OF 
COMPUTERIZED LIST.—Not later than October 1, 2008, 
the Commission shall adopt voluntary guidance with re-
spect to audits of the Statewide computerized voter reg-
VerDate Aug 31 2005 
20:24 Oct 04, 2008
Jkt 079200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H7244.IH
H7244
sroberts on PROD1PC76 with BILLS
istration list required to be maintained under section 303 
so that each State will be able to ensure that the list re-
flects an accurate and complete count of all individuals 
who are validly registered to vote in elections for Federal 
office in the State and is secure against unauthorized 
uses.’’. 
(c) CONFORMING AMENDMENTS.— 
(1) NATIONAL VOTER REGISTRATION ACT OF 
1993.—Section 8 of the National Voter Registration 
Act of 1993 (42 U.S.C. 1973gg–6) is amended— 
(A) in subsection (a)(3)(B), by striking 
‘‘State law,’’ and inserting ‘‘State law and con-
sistent with the requirements of subsection 
(j),’’; 
(B) in subsection (a)(4)(A), by striking the 
semicolon at the end and inserting and ‘‘, con-
sistent with the requirements of subsection 
(j);’’; 
(C) in the heading for subsection (d), by 
inserting after ‘‘ROLLS’’ the following: ‘‘BY 
REASON OF CHANGE OF RESIDENCE’’; and 
(D) in subsection (i)(2), by inserting after 
‘‘subsection (d)(2)’’ the following: ‘‘and all per-
sons to whom notices described in subsection 
(j)’’. 
VerDate Aug 31 2005 
20:24 Oct 04, 2008
Jkt 079200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H7244.IH
H7244
sroberts on PROD1PC76 with BILLS
(2) HELP AMERICA VOTE ACT OF 2002.—Section 
303(a) of the Help America Vote Act of 2002 (42 
U.S.C. 15483(a)) is amended— 
(A) in paragraph (2)(A)(i), by striking 
‘‘and (e)’’ and inserting ‘‘(e), and (j)’’; and 
(B) in paragraph (4)(B), by striking 
‘‘Safeguards’’ and inserting ‘‘In addition to 
meeting the applicable notice and review re-
quirements of section 8 of the National Voter 
Registration Act of 1993, safeguards’’. 
(d) RULE OF CONSTRUCTION.—Nothing in this sec-
tion or any amendment made by this section may be con-
strued— 
(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 subsection (a)). 
(e) EFFECTIVE DATE.—The amendments made by 
this section shall apply with respect to the regularly sched-
VerDate Aug 31 2005 
20:24 Oct 04, 2008
Jkt 079200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H7244.IH
H7244
sroberts on PROD1PC76 with BILLS
uled general election for Federal office in November 2008 
and each succeeding election for Federal office. 
SEC. 3. CONTENTS AND TREATMENT OF VOTER REGISTRA-
TION FORMS. 
(a) 
OPPORTUNITY
TO
CORRECT
INCOMPLETE 
FORMS.—Section 303(b)(4)(B) of the Help America Vote 
Act of 2002 (42 U.S.C. 15483(b)(4)(B)) is amended by 
striking ‘‘to answer the question included on the mail voter 
registration form pursuant to subparagraph (A)(i)’’ and 
inserting ‘‘to provide any information required on any 
voter registration form used by the State under section 
6 of the National Voter Registration Act of 1993’’. 
(b) COMPLETED NATIONAL FORM DEEMED COM-
PLETE FOR ALL STATES.—Section 303(b) of such Act 
(42 U.S.C. 15483(b)) is amended— 
(1) by redesignating paragraph (5) as para-
graph (6); and 
(2) by inserting after paragraph (4) the fol-
lowing new paragraph: 
‘‘(5) COMPLETED
NATIONAL
FORM
DEEMED 
COMPLETE FOR ALL STATES.— 
‘‘(A) 
TREATMENT
OF
COMPLETED 
FORM.—If an applicant for voter registration in 
a State submits a voter registration application 
form which contains all of the information re-
VerDate Aug 31 2005 
21:50 Oct 04, 2008
Jkt 079200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H7244.IH
H7244
sroberts on PROD1PC76 with BILLS
quired to be provided under the mail voter reg-
istration form developed by the Commission 
under section 9(a)(2) of the National Voter 
Registration Act of 1993 (whether the form 
submitted by the applicant is the form devel-
oped by the Commission or another form devel-
oped and used by the State under section 6(a) 
of the National Voter Registration Act of 
1993), the State may not refuse to register the 
applicant as a voter on the ground that the ap-
plicant failed to complete the form. 
‘‘(B) PRESUMPTION
IN
FAVOR
OF
REG-
ISTRATION.—In determining whether applicants 
meet the requirements for registering to vote in 
elections for Federal office in a State, State 
election officials shall act under the presump-
tion that applicants should be registered.’’. 
SEC. 4. AVAILABILITY OF UPDATED INFORMATION FOR 
REGISTERED VOTERS. 
(a) REQUIRING STATES TO MAKE UPDATED INFOR-
MATION AVAILABLE TO REGISTERED VOTERS.—Section 
303(a)(1) of the Help America Vote Act of 2002 (42 
U.S.C. 15483(a)(1)) is amended— 
(1) by redesignating subparagraph (B) as sub-
paragraph (D); and 
VerDate Aug 31 2005 
21:50 Oct 04, 2008
Jkt 079200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H7244.IH
H7244
sroberts on PROD1PC76 with BILLS
(2) by inserting after subparagraph (A) the fol-
lowing new subparagraphs: 
‘‘(B) AVAILABILITY OF UPDATED VERSION 
OF LIST ONLINE AND AT POLLING PLACES.— 
‘‘(i) IN
GENERAL.—The appropriate 
State or local election official shall ensure 
that, at each polling place for an election 
for Federal office and on a public website 
of the election official of each registrar’s 
jurisdiction, a list is available which 
shows— 
‘‘(I) all individuals registered to 
vote in that election at all polling 
places located in the registrar’s juris-
diction, other than any individual who 
requests that the appropriate official 
exclude the individual’s name from 
the list; and 
‘‘(II) for each such individual, 
the polling place at which the indi-
vidual is registered. 
‘‘(ii) EXCLUSION
OF
ADDRESSES.— 
The list required to be made available 
under clause (i) may not contain the ad-
dress of any individual. 
VerDate Aug 31 2005 
20:24 Oct 04, 2008
Jkt 079200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H7244.IH
H7244
sroberts on PROD1PC76 with BILLS
‘‘(iii) TIMING.—The appropriate elec-
tion official shall make the list required to 
be made available under clause (i)— 
‘‘(I) available not later than 72 
hours after the applicable deadline 
under State law for registering to vote 
in elections for Federal office; or 
‘‘(II) in the case of a same-day 
registration State, available on a 
weekly basis during the 30-day period 
which ends on the date of the election. 
‘‘(iv) PERMITTING
INDIVIDUALS
TO 
OPT
OUT
OF
INCLUSION
IN
PUBLICLY- 
POSTED
LIST.—If an individual requests 
that the appropriate election official ex-
clude the individual’s name from the pub-
licly posted list under this subparagraph— 
‘‘(I) the official shall exclude in-
formation relating to the individual 
from the publicly-posted list; and 
‘‘(II) the official shall notify the 
individual in a private and confiden-
tial manner of the polling place to 
which the individual is assigned in ac-
cordance with the timetable provided 
VerDate Aug 31 2005 
20:24 Oct 04, 2008
Jkt 079200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H7244.IH
H7244
sroberts on PROD1PC76 with BILLS
for making the list available under 
clause (iii). 
‘‘(v) DEFINITIONS.—In this subpara-
graph— 
‘‘(I) the term ‘registrar’s jurisdic-
tion’ has the meaning given such term 
in section 8(j) of the National Voter 
Registration Act of 1993 (42 U.S.C. 
1973gg–6(j)); and 
‘‘(II) the term ‘same-day reg-
istration State’ means a State in 
which, under law that is in effect con-
tinuously on and after the date of the 
enactment of the Protection Against 
Wrongful Voter Purges Act, all voters 
in the State may register to vote at 
the polling place at the time of voting 
in a general election for Federal of-
fice. 
‘‘(C) NOTIFICATION OF CHANGES IN AS-
SIGNED POLLING PLACE.—If an election official 
assigns an individual to a polling place which is 
different than the polling place at which the in-
dividual was registered to vote under the most 
recently available version of the list required to 
VerDate Aug 31 2005 
20:24 Oct 04, 2008
Jkt 079200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H7244.IH
H7244
sroberts on PROD1PC76 with BILLS
be made available under subparagraph (B)(i), 
the official shall notify the individual of the new 
polling place immediately upon making the as-
signment.’’. 
(b) CONFORMING AMENDMENT.—Section 303(a)(1) 
of such Act (42 U.S.C. 15481(a)(1)) is amended— 
(1) in subparagraph (A), by striking ‘‘subpara-
graph (B)’’ and inserting ‘‘subparagraph (C)’’; and 
(2) in subparagraph (C), as redesignated by 
subsection (a), by striking ‘‘requirement under sub-
paragraph (A)’’ and inserting ‘‘requirements under 
subparagraphs (A) and (B)’’. 
SEC. 5. NONAPPLICABILITY TO CERTAIN STATES. 
This Act and the amendments made by this Act 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 in-
dividuals in the State with respect to elections for Federal 
office. 
SEC. 6. EFFECTIVE DATE. 
Section 303(d)(2) of the Help America Vote Act of 
2002 (42 U.S.C. 15483(d)(2)) is amended— 
(1) in subparagraph (A), by striking ‘‘Each 
State’’ and inserting ‘‘Except as provided in sub-
paragraph (C), each State’’; 
VerDate Aug 31 2005 
20:24 Oct 04, 2008
Jkt 079200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H7244.IH
H7244
sroberts on PROD1PC76 with BILLS
(2) in subparagraph (B), by striking ‘‘The pro-
visions’’ and inserting ‘‘Except as provided in sub-
paragraph (C), the provisions’’; and 
(3) by adding at the end the following new sub-
paragraph: 
‘‘(C) DELAYED EFFECTIVE DATE FOR CER-
TAIN PROVISIONS.—To the extent that any pro-
vision of subsection (b) was amended by the 
Protection Against Wrongful Voter Purges Act, 
such provision shall apply with respect to the 
next election for Federal office held after No-
vember 2008 and each succeeding election for 
Federal office.’’. 
Æ 
VerDate Aug 31 2005 
20:24 Oct 04, 2008
Jkt 079200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6301
E:\BILLS\H7244.IH
H7244
sroberts on PROD1PC76 with BILLS