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SECTION 1. SHORT TITLE.

This Act may be cited as the ''Secure America's Vote Act of 2005''.

SEC. 2. IMPROVING FAIRNESS AND ACCURACY OF VOTER REGISTRATION.

(a) Emphasizing Citizenship Requirement on Voter Registration
Forms.--Paragraph (4) of section 303(b) of the Help America Vote Act of
2002 (42 U.S.C. 15483(b)(4)) is amended to read as follows:
''(4) Emphasizing citizenship requirement on voter
registration forms.--The Commission shall revise the mail voter
registration form developed under section 9(a)(2) of the
National Voter Registration Act of 1993 (42 U.S.C. 1973gg-
(a)(2)) so that the form provides a more prominent emphasis of
the requirement that an individual must be a citizen of the
United States to register to vote in elections for Federal
office.''.
(b) Prohibiting Rejection of Application for Errors Correctable by
State.--Section 303(a)(5)(A)(iii) of such Act (42 U.S.C.
15483(a)(5)(A)(iii)) is amended to read as follows:
''(iii) Prohibiting rejection of
application for errors correctable by state.--A
State shall not reject an application for voter
registration for Federal office solely on the
grounds that the individual failed to provide
the information required under clause (i) or
made an error in providing such information, if
with reasonable effort the State would be able
to provide the correct information.''.
(c) Preventing Incorrect Removal of Eligible Voters From Voter
Registration List.--
(1) Requiring databases to meet accuracy standards.--
(A) In general.--Section 303(a) of such Act (42
U.S.C. 15483(a)) is amended by adding at the end the
following new paragraph:
''(6) Requiring databases used to remove voters to meet
accuracy standards.--
''(A) In general.--Notwithstanding any other
provision of this subsection or any provision of the
National Voter Registration Act of 1993, a State may
not remove an individual from the official list of
eligible voters for elections for Federal office in the
State by reason of felony status or by reason of the
death of the registrant unless the applicable database
meets accuracy standards established by the Director of
the National Institute of Standards and Technology in
consultation with the Commission.
''(B) Applicable database defined.--In this
paragraph, the term 'applicable database' means--
''(i) in the case of an individual
removable from the official list of eligible
voters by reason of felony status, the database
used by the State to determine the individual's
felony status; or
''(ii) in the case of an individual
removable from the official list of eligible
voters by reason of death, the database used by
the State to determine which individuals have
died.''.
(B) Conforming amendment.--Section 303(a)(2)(A) of
such Act (42 U.S.C. 15483(a)(2)(A)) is amended by
striking ''The appropriate'' and inserting ''Except as
provided in paragraph (6), the appropriate''.
(C) Deadline for establishment of standards.--The
Director of the National Institute of Standards and
Technology shall establish the accuracy standards
described in section 303(a)(6) of the Help America Vote
Act of 2002 (as added by subparagraph (A)) not later
than January 1, 2006.
(2) Publication of list of individuals removed from
computerized list.--Section 303(a) of such Act (42 U.S.C.
15483(a)), as amended by paragraph (1), is further amended by
adding at the end the following new paragraph:
''(7) Public notice of individuals removed from
computerized list.--Not later than 45 days before the date of
any Federal election held in the State, each State shall notify
the public, by posting on the Internet on the public web site
of the chief State election official and through such other
methods as the State considers appropriate, of--
''(A) all names which have been removed from the
computerized list established and maintained under this
section since the later of the most recent election for
Federal office held in the State or the day of the most
recent previous public notice provided under this
section;
''(B) the criteria, processes, and procedures used
to determine which names were removed; and
''(C) information on the steps an individual may
take to appeal the removal of the individual's name
from the list and reinstate the individual to the list
prior to the election.''.
(3) Conforming amendment relating to applicability of
definition of chief state election official.--Section 253(e) of
such Act (42 U.S.C. 15403(e)) is amended by striking ''this
subtitle'' and inserting ''this Act''.
(4) Effective date.--Section 303(d)(1) of such Act (42
U.S.C. 15483(d)(1)) is amended--
(A) in subparagraph (A), by striking ''subparagraph
(B)'' and inserting ''subparagraphs (B) and (C)''; and
(B) by adding at the end the following new
subparagraph:
''(C) Exception for certain requirements.--Each
State shall be required to comply with the requirements
of paragraph (6) of subsection (a) (relating to
accuracy standards for databases used for voter
removal) and paragraph (7) of subsection (a) (relating
to public notice of individuals removed from the
computerized list) not later than January 1, 2006.''.

SEC. 3. UNIFORM STANDARD FOR TREATMENT OF PROVISIONAL BALLOTS CAST AT
INCORRECT POLLING PLACES.

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)(A) An individual's provisional ballot shall be
counted as a vote in an election for Federal office if the
appropriate State or local election official to whom the ballot
or voter information is transmitted under paragraph (3)
determines that the individual is eligible under State law to
vote in that election--
''(i) at the polling place at which the individual
cast the provisional ballot; or
''(ii) at any other polling place at which votes
are cast, in the same election for the same Federal
office, which is located--
''(I) in the case of elections held prior
to 2008, in the registrar's jurisdiction (or,
at the option of the State, in the State), or
''(II) in the case of elections held during
2008 or any subsequent year, in the State.
''(B) The appropriate State or local election official
shall ensure that, at each polling place for an election for
Federal office, a list is available which shows--
''(i) all individuals registered to vote in that
election at all polling places located in the
registrar's jurisdiction; and
''(ii) for each such individual, the polling place
at which the individual is registered.
''(C) In this paragraph, the term 'registrar's
jurisdiction' 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)).''.

SEC. 4. ADDITIONAL SECURITY REQUIREMENTS FOR VOTING SYSTEMS.

Section 301(a) of the Help America Vote Act of 2002 (42 U.S.C.
15481(a)) is amended by adding at the end the following new paragraphs:
''(7) Security standards for voting systems used in federal
elections.--
''(A) In general.--No voting system may be used in
an election for Federal office in a State unless the
manufacturer of the system, the manufacturer of the
software used in connection with the system for the
election (hereafter in this paragraph referred to as
the 'election software'), and the chief State election
official of the State meet the applicable requirements
described in subparagraph (B).
''(B) Requirements described.--The requirements
described in this subparagraph with respect to a voting
system used in a State are as follows:
''(i) The chief State election official
shall ensure that all custodians of the
election software digitally sign the software
(in accordance with standards established by
the National Institute of Standards and
Technology), shall provide the Commission with
information on the steps taken to ensure that
these custodians meet this requirement, and
shall make the information provided to the
Commission available to the public by posting
the information on the Internet on the public
web site of the chief State election official.
''(ii) The manufacturer of the system and
the manufacturer of the election software shall
each provide the Commission and the chief State
election official with updated information
regarding the identification of each individual
who participated in the writing of the
software, including specific information
regarding whether the individual has ever been
convicted of a felony or of any crime involving
election fraud.
''(iii) The manufacturer of the system and
the manufacturer of the election software (as
the case may be) shall provide the source code,
object code, and executable representation of
the software to the Commission and the chief
State election official, and shall notify the
chief State election official immediately if
the manufacturer alters such codes.
''(iv) The manufacturer of the system and
the manufacturer of the election software shall
meet standards established by the Commission to
prevent the existence or appearance of any
conflict of interest with respect to candidates
for public office and political parties,
including standards to ensure that each such
manufacturer and its officers and directors do
not hold positions of authority in any
political party or in any partisan political
campaign.
''(C) Public availability of certain information.--
Upon request by any member of the public, the
Commission or each chief State election official shall
make available on a timely basis any information
provided to or maintained by the Commission or the
official under subparagraph (B)(iii).
''(8) Prohibition of use of wireless communications devices
in voting systems.--No voting system shall contain, use, or be
accessible by any wireless, power-line, or concealed
communication device.
''(9) Prohibiting connection of system or transmission of
system information over the internet.--No component of any
voting system upon which votes are cast shall be connected to
the Internet.''.

SEC. 5. PUBLICATION OF STATE ELECTION LAWS.

(a) Requiring States to Make Election Laws Available to Public.--
Section 302(b) of the Help America Vote Act of 2002 (42 U.S.C. 15482)
is amended--
(1) by redesignating paragraph (2) as paragraph (3); and
(2) by inserting after paragraph (1) the following new
paragraph:
''(2) Publication of state election laws.--
''(A) Regular republication during election
years.--The chief State election official of each State
shall publish all State laws, regulations, procedures,
and practices relating to Federal elections on January
1 of each year in which there is a regularly scheduled
election for a Federal office (beginning with 2006).
''(B) Maintenance on the internet.--Each State
shall be required to post on the Internet on the public
web site of the chief State election official all of
the material referred to in paragraph (1), and to
update the contents of such site to reflect revisions
to such material not later than 24 hours after a
revision is made.''.
(b) Conforming Amendments.--Section 302 of such Act (42 U.S.C.
15482) is amended--
(1) in subsection (b)(3) (as redesignated by subsection
(a)(1)), by striking ''this section'' and inserting ''paragraph
(1)''; and
(2) in subsection (d), by striking ''Each State'' and
inserting ''Except as provided in subsection (b)(2), each
State''.

SEC. 6. CRIMINAL PENALTIES FOR VOTER SUPPRESSION.

Section 905 of the Help America Vote Act of 2002 (42 U.S.C. 15544)
is amended by adding at the end the following new subsection:
''(c) Voter Suppression.--
''(1) In general.--It is unlawful for any person--
''(A) to assert to any State election official that
an individual is not eligible to vote in an election
for Federal office, unless the assertion is made in
good faith on the basis of facts known to the person
making the assertion; or
''(B) to knowingly provide any person with false
information regarding an individual's eligibility to
vote in an election for Federal office or regarding the
time, place, or manner of voting in such an election.
''(2) Penalty.--A person who violates paragraph (1) shall
be fined in accordance with title 18, United States Code, or
imprisoned for not more than 1 year, or both, for each such
violation.''.

SEC. 7. ESTABLISHMENT OF BEST PRACTICES FOR TREATMENT OF BALLOTS OF
ABSENT UNIFORMED SERVICES VOTERS AND OVERSEAS VOTERS.

(a) In General.--Not later than January 1, 2006, the Election
Assistance Commission, working in cooperation with the Secretary of
Defense, the Secretary of State, and the Attorney General, shall
establish best practice guidelines for the treatment of absentee
ballots of absent uniformed services voters and overseas voters to
ensure the timely delivery of ballots to such voters and the timely
return of ballots from such voters.
(b) Definitions.--In this section, the terms ''absent uniformed
services voter'' and ''overseas voter'' have the meaning given such
terms in section 107 of the Uniformed and Overseas Citizens Absentee
Voting Act (42 U.S.C. 1973ff-6).

SEC. 8. SIMULTANEOUS TRANSMISSION OF BUDGET REQUESTS OF ELECTION
ASSISTANCE COMMISSION TO PRESIDENT AND CONGRESS.

(a) In General.--Part 1 of subtitle A of title II of the Help
America Vote Act of 2002 (42 U.S.C. 15321 et seq.) is amended by
inserting after section 209 the following new section:

''SEC. 209A. SUBMISSION OF BUDGET REQUESTS.

''Whenever the Commission submits any budget estimate or request to
the President or the Director of the Office of Management and Budget,
it shall concurrently transmit a copy of such estimate or request to
the Congress.''.
(b) Clerical Amendment.--The table of contents for part 1 of
subtitle A of title II of such Act is amended by inserting after the
item relating to section 209 the following new item:

''Sec. 209A. Submission of budget requests.''.

SEC. 9. EFFECTIVE DATE.

Except as otherwise provided, the amendments made by this Act shall
apply with respect to elections for Federal office held in 2006 and
each year thereafter.
Secure America's Vote Act of 2005 - Amends the Help America Vote Act of 2002 to direct the Election Assistance Commission to revise the mail voter registration form to emphasize more prominently the requirement that an individual be a U.S. citizen to register to vote in federal elections.

Prohibits a state from: (1) rejecting an application for voter registration for federal office soley for the individual's failure to provide required information or error in providing such information, if with reasonable effort the state would be able to correct it; or (2) removing an individual from the official list of eligible voters for federal elections by reason of felony status or death unless the applicable database meets accuracy standards established by the Director of the National Institute of Standards and Technology.

Requires a state to notify the public, within 45 days before any federal election, by posting on the chief state election official's public website, and through other appropriate methods, of: (1) all names removed from the computerized list since the later of the most recent election for federal office held in the state or the day of the most recent previous public notice; (2) the criteria, processes, and procedures used to determine which names were removed; and (3) information on the steps an individual may take to appeal such removal and reinstate himself or herself before the election.

Establishes a uniform standard for the treatment of provisional ballots cast at an incorrect polling place.

Provides for additional security requirements for voting systems used in federal elections.

Requires states to make election laws available to the public.

Establishes criminal penalties for voter suppression.

Directs the Election Assistance Commission to establish best practice guidelines for the treatment of absentee ballots of uniformed services voters and overseas voters to ensure their timely delivery and return.