(1) by redesignating subsection (d) as sub-
section (e); and 
(2) by inserting after subsection (c) the fol-
lowing new subsection: 
‘‘(d) PERMITTING CERTAIN INDIVIDUALS TO RE- 
REGISTER TO VOTE AT POLLING PLACE ON DATE OF 
ELECTION.— 
‘‘(1) IN GENERAL.—At each polling place in a 
State at which ballots are cast in an election for 
Federal office, an individual who is permitted to cast 
a provisional ballot under section 302 may, at the 
option of the individual, re-register to vote on the 
date of the election, and may cast a regular ballot 
instead of a provisional ballot at the polling place in 
the election, if the individual meets each of the fol-
lowing requirements: 
‘‘(A) The individual completes an applica-
tion for voter registration in accordance with 
the requirements of this Act and other applica-
ble law. 
‘‘(B) The individual provides the appro-
priate election official at the polling place with 
evidence of the individual’s current address 
by— 
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‘‘(i) presenting the official with a cur-
rent and valid photo identification which 
includes the individual’s current address; 
‘‘(ii) presenting the official with a cur-
rent and valid photo identification which 
does not include the individual’s current 
address, together with a utility bill for the 
individual which includes the individual’s 
current address and which is due not later 
than 30 days after the date of the election; 
or 
‘‘(iii) providing the official with such 
other evidence as the State or jurisdiction 
involved considers sufficient. 
‘‘(C) The individual executes a written af-
firmation before an election official at the poll-
ing place stating under penalty of perjury that 
the individual is eligible to register to vote in 
the jurisdiction in which the individual desires 
to vote and has not already voted in the elec-
tion. 
‘‘(2) NOTICE
FROM
ELECTION
OFFICIAL.—At 
the time an individual executes the written affirma-
tion required under paragraph (1)(C), the appro-
priate election official at the polling place shall no-
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tify the individual that it is a crime to make false 
representations in registering to vote in elections for 
Federal office. 
‘‘(3) TRANSMITTAL
OF
COMPLETED
APPLICA-
TIONS TO STATE ELECTION OFFICIAL.—The appro-
priate official at the polling place shall transmit all 
applications to re-register to vote which are sub-
mitted at the polling place under this subsection to 
the appropriate State election official at the time the 
official at the polling place transmits the ballots cast 
at the polling place to the official. 
‘‘(4) REQUIREMENTS UNDER NATIONAL VOTER 
REGISTRATION ACT OF 1993.—In carrying out this 
subsection, a polling place in a State shall meet the 
requirements applicable to a voter registration agen-
cy designated by the State under section 7(a)(2) of 
the National Voter Registration Act of 1993 (42 
U.S.C. 1973gg–5(a)(2)), except that clauses (i), (ii), 
and (iii) of section 7(a)(6)(B) of such Act (42 
U.S.C. 1973gg–5(a)(6)(B)) shall not apply with re-
spect to any of the voter registration forms distrib-
uted by the polling place pursuant to this sub-
section.’’. 
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(c) INCLUSION IN VOTING INFORMATION REQUIRE-
MENTS.—Section 302(b)(2) of such Act (42 U.S.C. 
14582(b)(2)) is amended— 
(1) in subparagraph (E), by inserting ‘‘and the 
right to re-register to vote at the polling place on the 
date of an election and vote in that election’’ after 
‘‘provisional ballot’’; 
(2) by redesignating subparagraphs (E) and 
(F) as subparagraphs (F) and (G); and 
(3) by inserting after subparagraph (D) the fol-
lowing new subparagraph: 
‘‘(E) instructions for individuals re-reg-
istering to vote at the polling place under sec-
tion 303(d);’’. 
(d) EFFECTIVE DATE.—Section 303(e) of such Act 
(42 U.S.C. 15483(e)), as redesignated by subsection (b), 
is amended by adding at the end the following new para-
graph: 
‘‘(3) REQUIREMENT FOR VOTER RE-REGISTRA-
TION ON DATE OF ELECTION.—Each State and ju-
risdiction shall be required to comply with the re-
quirements of subsection (d) with respect to the reg-
ularly scheduled general election for Federal office 
held in November 2008 and each succeeding election 
for Federal office.’’. 
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SEC. 3. UNIFORM STANDARD FOR TREATMENT OF PROVI-
SIONAL BALLOTS CAST AT INCORRECT POLL-
ING PLACES. 
(a) IN GENERAL.—Section 302(a)(4) of the Help 
America Vote Act of 2002 (42 U.S.C. 15482(a)(4)) is 
amended to read as follows: 
‘‘(4) The provisional ballot of an individual who 
is a registered voter in a jurisdiction in a State and 
who is eligible to vote in an election for Federal of-
fice in the State shall be counted as a vote in such 
an election if the appropriate State or local election 
official to whom the ballot or voter information is 
transmitted under paragraph (3)— 
‘‘(A) in the case of an election for electors 
for President or for the office of a Senator, de-
termines that the individual is registered to vote 
in the State in which the provisional ballot is 
cast; and 
‘‘(B) in the case of an election for the of-
fice of a Member of the House of Representa-
tives (including a Delegate or Resident Com-
missioner to the Congress), determines that the 
individual is registered to vote in the Congres-
sional district in which the provisional ballot is 
cast.’’. 
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(b) RESPONSIBILITY OF ELECTION OFFICIAL TO NO-
TIFY INDIVIDUAL OF DETERMINATION OF ELIGIBILITY OF 
BALLOT.— 
(1) IN GENERAL.—Section 302(a)(5) of such 
Act (42 U.S.C. 15482(a)(5)) is amended to read as 
follows: 
‘‘(5)(A) Not later than 24 hours after deter-
mining whether or not the vote of an individual who 
casts a provisional ballot in an election will be count-
ed in that election under this Act, the appropriate 
State or local election official shall notify the indi-
vidual of the determination and (if the determination 
is made that the vote will not be counted) the rea-
sons for the determination and the individual’s right 
to challenge the determination under the procedures 
established under subparagraph (B). 
‘‘(B) Each State shall establish procedures, in-
cluding a free access system (such as a toll-free tele-
phone number or an Internet website), under which 
an individual who casts a provisional ballot in an 
election and who is notified by the appropriate State 
or local election official that the provisional ballot 
cast by the individual will not be counted as a vote 
in the election may challenge the determination prior 
to the final tabulation of ballots in the election. 
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‘‘(C) In carrying out subparagraph (B), each 
State shall ensure that, in each jurisdiction of the 
State, an appropriate State or local election official 
operates open office hours for at least 8 hours on 
the day after the date of the election, during which 
a voter who cast a provisional ballot in the election 
may contact the official and challenge the deter-
mination under the procedures established under 
subparagraph (B).’’. 
(2) 
CONFORMING
AMENDMENT.—Section 
302(a) of such Act (42 U.S.C. 15482(a)) is amend-
ed in the matter following paragraph (5) by striking 
‘‘The appropriate State or local official’’ and all that 
follows through ‘‘paragraph (5)(B).’’. 
(c) EFFECTIVE DATE.—Section 302(d) of such Act 
(42 U.S.C. 15482(d)) is amended to read as follows: 
‘‘(d) EFFECTIVE DATE.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), each State and jurisdiction shall be re-
quired to comply with the requirements of this sec-
tion on and after January 1, 2004. 
‘‘(2) DELAYED EFFECTIVE DATE FOR CERTAIN 
PROVISION.—To the extent that any provision of this 
section was amended by the Make Provisional Bal-
lots Count Act of 2008, such provision shall apply 
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with respect to the regularly scheduled general elec-
tion for Federal office held in November 2008 and 
each succeeding election for Federal office.’’. 
Æ 
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