Shown Here:
Engrossed in House (03/03/2021)
[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1 Engrossed in House (EH)]
117th CONGRESS
1st Session
H. R. 1
_______________________________________________________________________
AN ACT
To expand Americans' access to the ballot box, reduce the influence of
big money in politics, strengthen ethics rules for public servants, and
implement other anti-corruption measures for the purpose of fortifying
our democracy, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``For the People Act of 2021''.
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.
(a) Divisions.--This Act is organized into divisions as follows:
(1) Division A--Voting.
(2) Division B--Campaign Finance.
(3) Division C--Ethics.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title.
Sec. 2. Organization of Act into divisions; table of contents.
Sec. 3. Findings of general constitutional authority.
Sec. 4. Standards for judicial review.
DIVISION A--VOTING
TITLE I--ELECTION ACCESS
Sec. 1000. Short title; statement of policy.
Subtitle A--Voter Registration Modernization
Sec. 1000A. Short title.
Part 1--Promoting Internet Registration
Sec. 1001. Requiring availability of internet for voter registration.
Sec. 1002. Use of internet to update registration information.
Sec. 1003. Provision of election information by electronic mail to
individuals registered to vote.
Sec. 1004. Clarification of requirement regarding necessary information
to show eligibility to vote.
Sec. 1005. Prohibiting State from requiring applicants to provide more
than last 4 digits of Social Security
number.
Sec. 1006. Report on data collection.
Sec. 1007. Permitting voter registration application form to serve as
application for absentee ballot.
Sec. 1008. Effective date.
Part 2--Automatic Voter Registration
Sec. 1011. Short title; findings and purpose.
Sec. 1012. Automatic registration of eligible individuals.
Sec. 1013. Contributing agency assistance in registration.
Sec. 1014. One-time contributing agency assistance in registration of
eligible voters in existing records.
Sec. 1015. Voter protection and security in automatic registration.
Sec. 1016. Registration portability and correction.
Sec. 1017. Payments and grants.
Sec. 1018. Treatment of exempt States.
Sec. 1019. Miscellaneous provisions.
Sec. 1020. Definitions.
Sec. 1021. Effective date.
Part 3--Same Day Voter Registration
Sec. 1031. Same day registration.
Part 4--Conditions on Removal on Basis of Interstate Cross-Checks
Sec. 1041. Conditions on removal of registrants from official list of
eligible voters on basis of interstate
cross-checks.
Part 5--Other Initiatives To Promote Voter Registration
Sec. 1051. Annual reports on voter registration statistics.
Sec. 1052. Ensuring pre-election registration deadlines are consistent
with timing of legal public holidays.
Sec. 1053. Use of Postal Service hard copy change of address form to
remind individuals to update voter
registration.
Sec. 1054. Grants to States for activities to encourage involvement of
minors in election activities.
Sec. 1055. Permission to place exhibits.
Sec. 1056. Requiring States to establish and operate voter privacy
programs.
Sec. 1057. Inclusion of voter registration information with certain
leases and vouchers for federally assisted
rental housing and mortgage applications.
Part 6--Availability of HAVA Requirements Payments
Sec. 1061. Availability of requirements payments under HAVA to cover
costs of compliance with new requirements.
Part 7--Prohibiting Interference With Voter Registration
Sec. 1071. Prohibiting hindering, interfering with, or preventing voter
registration.
Sec. 1072. Establishment of best practices.
Part 8--Voter Registration Efficiency Act
Sec. 1081. Short title.
Sec. 1082. Requiring applicants for motor vehicle driver's licenses in
new state to indicate whether state serves
as residence for voter registration
purposes.
Part 9--Providing Voter Registration Information to Secondary School
Students
Sec. 1091. Pilot program for providing voter registration information
to secondary school students prior to
graduation.
Sec. 1092. Reports.
Sec. 1093. Authorization of appropriations.
Part 10--Voter Registration of Minors
Sec. 1094. Acceptance of voter registration applications from
individuals under 18 years of age.
Subtitle B--Access to Voting for Individuals With Disabilities
Sec. 1101. Requirements for States to promote access to voter
registration and voting for individuals
with disabilities.
Sec. 1102. Expansion and reauthorization of grant program to assure
voting access for individuals with
disabilities.
Sec. 1103. Pilot programs for enabling individuals with disabilities to
register to vote privately and
independently at residences.
Sec. 1104. GAO analysis and report on voting access for individuals
with disabilities.
Subtitle C--Prohibiting Voter Caging
Sec. 1201. Voter caging and other questionable challenges prohibited.
Sec. 1202. Development and adoption of best practices for preventing
voter caging.
Subtitle D--Prohibiting Deceptive Practices and Preventing Voter
Intimidation
Sec. 1301. Short title.
Sec. 1302. Prohibition on deceptive practices in Federal elections.
Sec. 1303. Corrective action.
Sec. 1304. Reports to Congress.
Subtitle E--Democracy Restoration
Sec. 1401. Short title.
Sec. 1402. Findings.
Sec. 1403. Rights of citizens.
Sec. 1404. Enforcement.
Sec. 1405. Notification of restoration of voting rights.
Sec. 1406. Definitions.
Sec. 1407. Relation to other laws.
Sec. 1408. Federal prison funds.
Sec. 1409. Effective date.
Subtitle F--Promoting Accuracy, Integrity, and Security Through Voter-
Verified Permanent Paper Ballot
Sec. 1501. Short title.
Sec. 1502. Paper ballot and manual counting requirements.
Sec. 1503. Accessibility and ballot verification for individuals with
disabilities.
Sec. 1504. Durability and readability requirements for ballots.
Sec. 1505. Study and report on optimal ballot design.
Sec. 1506. Paper ballot printing requirements.
Sec. 1507. Effective date for new requirements.
Subtitle G--Provisional Ballots
Sec. 1601. Requirements for counting provisional ballots; establishment
of uniform and nondiscriminatory standards.
Subtitle H--Early Voting
Sec. 1611. Early voting.
Subtitle I--Voting by Mail
Sec. 1621. Voting by mail.
Sec. 1622. Absentee ballot tracking program.
Sec. 1623. Voting materials postage.
Sec. 1624. Study and report on vote-by-mail procedures.
Subtitle J--Absent Uniformed Services Voters and Overseas Voters
Sec. 1701. Pre-election reports on availability and transmission of
absentee ballots.
Sec. 1702. Enforcement.
Sec. 1703. Revisions to 45-day absentee ballot transmission rule.
Sec. 1704. Use of single absentee ballot application for subsequent
elections.
Sec. 1705. Extending guarantee of residency for voting purposes to
family members of absent military
personnel.
Sec. 1706. Requiring transmission of blank absentee ballots under
UOCAVA to certain voters.
Sec. 1707. Department of Justice report on voter disenfranchisement.
Sec. 1708. Effective date.
Subtitle K--Poll Worker Recruitment and Training
Sec. 1801. Grants to States for poll worker recruitment and training.
Sec. 1802. State defined.
Subtitle L--Enhancement of Enforcement
Sec. 1811. Enhancement of enforcement of Help America Vote Act of 2002.
Subtitle M--Federal Election Integrity
Sec. 1821. Prohibition on campaign activities by chief State election
administration officials.
Subtitle N--Promoting Voter Access Through Election Administration
Improvements
Part 1--Promoting Voter Access
Sec. 1901. Treatment of institutions of higher education.
Sec. 1902. Minimum notification requirements for voters affected by
polling place changes.
Sec. 1903. Permitting use of sworn written statement to meet
identification requirements for voting.
Sec. 1904. Accommodations for voters residing in Indian lands.
Sec. 1905. Voter information response systems and hotline.
Sec. 1906. Ensuring equitable and efficient operation of polling
places.
Sec. 1907. Requiring States to provide secured drop boxes for voted
absentee ballots in elections for Federal
office.
Sec. 1908. Prohibiting States from restricting curbside voting.
Sec. 1909. Election Day as legal public holiday.
Sec. 1910. GAO study on voter turnout rates.
Sec. 1910A. Study on ranked-choice voting.
Part 2--Disaster and Emergency Contingency Plans
Sec. 1911. Requirements for Federal election contingency plans in
response to natural disasters and
emergencies.
Part 3--Improvements in Operation of Election Assistance Commission
Sec. 1921. Reauthorization of Election Assistance Commission.
Sec. 1922. Requiring States to participate in post-general election
surveys.
Sec. 1923. Reports by National Institute of Standards and Technology on
use of funds transferred from Election
Assistance Commission.
Sec. 1924. Recommendations to improve operations of Election Assistance
Commission.
Sec. 1925. Repeal of exemption of Election Assistance Commission from
certain government contracting
requirements.
Part 4--Miscellaneous Provisions
Sec. 1931. Application of Federal election administration laws to
territories of the United States.
Sec. 1932. Definition of election for Federal office.
Sec. 1933. Authorizing payments to voting accessibility protection and
advocacy systems serving the American
Indian Consortium.
Sec. 1934. Application of Federal voter protection laws to territories
of the United States.
Sec. 1935. Placement of statues of citizens of territories of the
United States in Statuary Hall.
Sec. 1936. No effect on other laws.
Sec. 1937. Clarification of Exemption for States Without Voter
Registration.
Part 5--Voter Notice
Sec. 1941. Short title.
Sec. 1942. Public education campaigns in event of changes in elections
in response to emergencies.
Sec. 1943. Requirements for websites of election officials.
Sec. 1944. Payments by Election Assistance Commission to States for
costs of compliance.
Subtitle O--Severability
Sec. 1951. Severability.
TITLE II--ELECTION INTEGRITY
Subtitle A--Findings Reaffirming Commitment of Congress to Restore the
Voting Rights Act
Sec. 2001. Findings reaffirming commitment of Congress to restore the
Voting Rights Act.
Subtitle B--Findings Relating to Native American Voting Rights
Sec. 2101. Findings relating to Native American voting rights.
Subtitle C--Findings Relating to District of Columbia Statehood
Sec. 2201. Findings relating to District of Columbia statehood.
Subtitle D--Territorial Voting Rights
Sec. 2301. Findings relating to territorial voting rights.
Sec. 2302. Congressional Task Force on Voting Rights of United States
Citizen Residents of Territories of the
United States.
Subtitle E--Redistricting Reform
Sec. 2400. Short title; finding of constitutional authority.
Part 1--Requirements for Congressional Redistricting
Sec. 2401. Requiring congressional redistricting to be conducted
through plan of independent State
commission.
Sec. 2402. Ban on mid-decade redistricting.
Sec. 2403. Criteria for redistricting.
Part 2--Independent Redistricting Commissions
Sec. 2411. Independent redistricting commission.
Sec. 2412. Establishment of selection pool of individuals eligible to
serve as members of commission.
Sec. 2413. Public notice and input.
Sec. 2414. Establishment of related entities.
Sec. 2415. Report on diversity of memberships of independent
redistricting commissions.
Part 3--Role of Courts in Development of Redistricting Plans
Sec. 2421. Enactment of plan developed by 3-judge court.
Sec. 2422. Special rule for redistricting conducted under order of
Federal court.
Part 4--Administrative and Miscellaneous Provisions
Sec. 2431. Payments to States for carrying out redistricting.
Sec. 2432. Civil enforcement.
Sec. 2433. State apportionment notice defined.
Sec. 2434. No effect on elections for State and local office.
Sec. 2435. Effective date.
Part 5--Requirements for Redistricting Carried Out Pursuant to 2020
Census
subpart a--application of certain requirements for redistricting
carried out pursuant to 2020 census
Sec. 2441. Application of certain requirements for redistricting
carried out pursuant to 2020 Census.
Sec. 2442. Triggering events.
subpart b--independent redistricting commissions for redistricting
carried out pursuant to 2020 census
Sec. 2451. Use of independent redistricting commissions for
redistricting carried out pursuant to 2020
Census.
Sec. 2452. Establishment of selection pool of individuals eligible to
serve as members of commission.
Sec. 2453. Criteria for redistricting plan; public notice and input.
Sec. 2454. Establishment of related entities.
Sec. 2455. Report on diversity of memberships of independent
redistricting commissions.
Subtitle F--Saving Eligible Voters From Voter Purging
Sec. 2501. Short title.
Sec. 2502. Conditions for removal of voters from list of registered
voters.
Subtitle G--No Effect on Authority of States To Provide Greater
Opportunities for Voting
Sec. 2601. No effect on authority of States to provide greater
opportunities for voting.
Subtitle H--Residence of Incarcerated Individuals
Sec. 2701. Residence of incarcerated individuals.
Subtitle I--Findings Relating to Youth Voting
Sec. 2801. Findings relating to youth voting.
Subtitle J--Severability
Sec. 2901. Severability.
TITLE III--ELECTION SECURITY
Sec. 3000. Short title; sense of Congress.
Subtitle A--Financial Support for Election Infrastructure
Part 1--Voting System Security Improvement Grants
Sec. 3001. Grants for obtaining compliant paper ballot voting systems
and carrying out voting system security
improvements.
Sec. 3002. Coordination of voting system security activities with use
of requirements payments and election
administration requirements under Help
America Vote Act of 2002.
Sec. 3003. Incorporation of definitions.
Part 2--Grants for Risk-Limiting Audits of Results of Elections
Sec. 3011. Grants to States for conducting risk-limiting audits of
results of elections.
Sec. 3012. GAO analysis of effects of audits.
Part 3--Election Infrastructure Innovation Grant Program
Sec. 3021. Election infrastructure innovation grant program.
Subtitle B--Security Measures
Sec. 3101. Election infrastructure designation.
Sec. 3102. Timely threat information.
Sec. 3103. Security clearance assistance for election officials.
Sec. 3104. Security risk and vulnerability assessments.
Sec. 3105. Annual reports.
Sec. 3106. Pre-election threat assessments.
Subtitle C--Enhancing Protections for United States Democratic
Institutions
Sec. 3201. National strategy to protect United States democratic
institutions.
Sec. 3202. National Commission to Protect United States Democratic
Institutions.
Subtitle D--Promoting Cybersecurity Through Improvements in Election
Administration
Sec. 3301. Testing of existing voting systems to ensure compliance with
election cybersecurity guidelines and other
guidelines.
Sec. 3302. Treatment of electronic poll books as part of voting
systems.
Sec. 3303. Pre-election reports on voting system usage.
Sec. 3304. Streamlining collection of election information.
Sec. 3305. Exemption of cybersecurity assistance from limitations on
amount of coordinated political party
expenditures.
Subtitle E--Preventing Election Hacking
Sec. 3401. Short title.
Sec. 3402. Election Security Bug Bounty Program.
Subtitle F--Election Security Grants Advisory Committee
Sec. 3501. Establishment of advisory committee.
Subtitle G--Miscellaneous Provisions
Sec. 3601. Definitions.
Sec. 3602. Initial report on adequacy of resources available for
implementation.
Subtitle H--Use of Voting Machines Manufactured in the United States
Sec. 3701. Use of voting machines manufactured in the United States.
Subtitle I--Study and Report on Bots
Sec. 3801. Short title.
Sec. 3802. Task Force.
Sec. 3803. Study and Report.
Subtitle J--Severability
Sec. 3901. Severability.
DIVISION B--CAMPAIGN FINANCE
TITLE IV--CAMPAIGN FINANCE TRANSPARENCY
Subtitle A--Establishing Duty To Report Foreign Election Interference
Sec. 4001. Findings relating to illicit money undermining our
democracy.
Sec. 4002. Federal campaign reporting of foreign contacts.
Sec. 4003. Federal campaign foreign contact reporting compliance
system.
Sec. 4004. Criminal penalties.
Sec. 4005. Report to congressional intelligence committees.
Sec. 4006. Rule of construction.
Subtitle B--DISCLOSE Act
Sec. 4100. Short title.
Part 1--Closing Loopholes Allowing Spending by Foreign Nationals in
Elections
Sec. 4101. Clarification of prohibition on participation by foreign
nationals in election-related activities.
Sec. 4102. Clarification of application of foreign money ban to certain
disbursements and activities.
Sec. 4103. Audit and report on illicit foreign money in Federal
elections.
Sec. 4104. Prohibition on contributions and donations by foreign
nationals in connections with ballot
initiatives and referenda.
Sec. 4105. Disbursements and activities subject to foreign money ban.
Sec. 4106. Prohibiting establishment of corporation to conceal election
contributions and donations by foreign
nationals.
Part 2--Reporting of Campaign-Related Disbursements
Sec. 4111. Reporting of campaign-related disbursements.
Sec. 4112. Application of foreign money ban to disbursements for
campaign-related disbursements consisting
of covered transfers.
Sec. 4113. Effective date.
Part 3--Other Administrative Reforms
Sec. 4121. Petition for certiorari.
Sec. 4122. Judicial review of actions related to campaign finance laws.
Part 4--Disclosure of Contributions to Political Committees Immediately
Prior to Election
Sec. 4131. Disclosure of contributions to political committees
immediately prior to election.
Subtitle C--Strengthening Oversight of Online Political Advertising
Sec. 4201. Short title.
Sec. 4202. Purpose.
Sec. 4203. Findings.
Sec. 4204. Sense of Congress.
Sec. 4205. Expansion of definition of public communication.
Sec. 4206. Expansion of definition of electioneering communication.
Sec. 4207. Application of disclaimer statements to online
communications.
Sec. 4208. Political record requirements for online platforms.
Sec. 4209. Preventing contributions, expenditures, independent
expenditures, and disbursements for
electioneering communications by foreign
nationals in the form of online
advertising.
Sec. 4210. Independent study on media literacy and online political
content consumption.
Sec. 4211. Requiring online platforms to display notices identifying
sponsors of political advertisements and to
ensure notices continue to be present when
advertisements are shared.
Subtitle D--Stand By Every Ad
Sec. 4301. Short title.
Sec. 4302. Stand by every ad.
Sec. 4303. Disclaimer requirements for communications made through
prerecorded telephone calls.
Sec. 4304. No expansion of persons subject to disclaimer requirements
on internet communications.
Sec. 4305. Effective date.
Subtitle E--Deterring Foreign Interference in Elections
Part 1--Deterrence Under Federal Election Campaign Act of 1971
Sec. 4401. Restrictions on exchange of campaign information between
candidates and foreign powers.
Sec. 4402. Clarification of standard for determining existence of
coordination between campaigns and outside
interests.
Sec. 4403. Prohibition on provision of substantial assistance relating
to contribution or donation by foreign
nationals.
Sec. 4404. Clarification of application of foreign money ban.
Part 2--Notifying States of Disinformation Campaigns by Foreign
Nationals
Sec. 4411. Notifying States of disinformation campaigns by foreign
nationals.
Part 3--Prohibiting Use of Deepfakes in Election Campaigns
Sec. 4421. Prohibition on distribution of materially deceptive audio or
visual media prior to election.
Part 4--Assessment of Exemption of Registration Requirements Under FARA
for Registered Lobbyists
Sec. 4431. Assessment of exemption of registration requirements under
FARA for registered lobbyists.
Subtitle F--Secret Money Transparency
Sec. 4501. Repeal of restriction of use of funds by Internal Revenue
Service to bring transparency to political
activity of certain nonprofit
organizations.
Sec. 4502. Repeal of regulations.
Subtitle G--Shareholder Right-to-Know
Sec. 4601. Repeal of restriction on use of funds by Securities and
Exchange Commission to ensure shareholders
of corporations have knowledge of
corporation political activity.
Sec. 4602. Assessment of shareholder preferences for disbursements for
political purposes.
Sec. 4603. Governance and operations of corporate PACs.
Subtitle H--Disclosure of Political Spending by Government Contractors
Sec. 4701. Repeal of restriction on use of funds to require disclosure
of political spending by government
contractors.
Subtitle I--Limitation and Disclosure Requirements for Presidential
Inaugural Committees
Sec. 4801. Short title.
Sec. 4802. Limitations and disclosure of certain donations to, and
disbursements by, Inaugural Committees.
Subtitle J--Miscellaneous Provisions
Sec. 4901. Effective dates of provisions.
Sec. 4902. Severability.
TITLE V--CAMPAIGN FINANCE EMPOWERMENT
Subtitle A--Findings Relating to Citizens United Decision
Sec. 5001. Findings relating to Citizens United decision.
Subtitle B--Congressional Elections
Sec. 5100. Short title.
Part 1--My Voice Voucher Pilot Program
Sec. 5101. Establishment of pilot program.
Sec. 5102. Voucher program described.
Sec. 5103. Reports.
Sec. 5104. Definitions.
Part 2--Small Dollar Financing of Congressional Election Campaigns
Sec. 5111. Benefits and eligibility requirements for candidates.
``TITLE V--SMALL DOLLAR FINANCING OF CONGRESSIONAL ELECTION CAMPAIGNS
``Subtitle A--Benefits
``Sec. 501. Benefits for participating candidates.
``Sec. 502. Procedures for making payments.
``Sec. 503. Use of funds.
``Sec. 504. Qualified small dollar contributions described.
``Subtitle B--Eligibility and Certification
``Sec. 511. Eligibility.
``Sec. 512. Qualifying requirements.
``Sec. 513. Certification.
``Subtitle C--Requirements for Candidates Certified as Participating
Candidates
``Sec. 521. Contribution and expenditure requirements.
``Sec. 522. Administration of campaign.
``Sec. 523. Preventing unnecessary spending of public funds.
``Sec. 524. Remitting unspent funds after election.
``Subtitle D--Enhanced Match Support
``Sec. 531. Enhanced support for general election.
``Sec. 532. Eligibility.
``Sec. 533. Amount.
``Sec. 534. Waiver of authority to retain portion of unspent
funds after election.
``Subtitle E--Administrative Provisions
``Sec. 541. Freedom From Influence Fund.
``Sec. 542. Reviews and reports by Government Accountability
Office.
``Sec. 543. Administration by Commission.
``Sec. 544. Violations and penalties.
``Sec. 545. Appeals process.
``Sec. 546. Indexing of amounts.
``Sec. 547. Election cycle defined.
Sec. 5112. Contributions and expenditures by multicandidate and
political party committees on behalf of
participating candidates.
Sec. 5113. Prohibiting use of contributions by participating candidates
for purposes other than campaign for
election.
Sec. 5114. Assessments against fines and penalties.
Sec. 5115. Study and report on small dollar financing program.
Sec. 5116. Effective date.
Subtitle C--Presidential Elections
Sec. 5200. Short title.
Part 1--Primary Elections
Sec. 5201. Increase in and modifications to matching payments.
Sec. 5202. Eligibility requirements for matching payments.
Sec. 5203. Repeal of expenditure limitations.
Sec. 5204. Period of availability of matching payments.
Sec. 5205. Examination and audits of matchable contributions.
Sec. 5206. Modification to limitation on contributions for Presidential
primary candidates.
Sec. 5207. Use of Freedom From Influence Fund as source of payments.
Part 2--General Elections
Sec. 5211. Modification of eligibility requirements for public
financing.
Sec. 5212. Repeal of expenditure limitations and use of qualified
campaign contributions.
Sec. 5213. Matching payments and other modifications to payment
amounts.
Sec. 5214. Increase in limit on coordinated party expenditures.
Sec. 5215. Establishment of uniform date for release of payments.
Sec. 5216. Amounts in Presidential Election Campaign Fund.
Sec. 5217. Use of general election payments for general election legal
and accounting compliance.
Sec. 5218. Use of Freedom From Influence Fund as source of payments.
Part 3--Effective Date
Sec. 5221. Effective date.
Subtitle D--Personal Use Services as Authorized Campaign Expenditures
Sec. 5301. Short title; findings; purpose.
Sec. 5302. Treatment of payments for child care and other personal use
services as authorized campaign
expenditure.
Subtitle E--Empowering Small Dollar Donations
Sec. 5401. Permitting political party committees to provide enhanced
support for candidates through use of
separate small dollar accounts.
Subtitle F--Severability
Sec. 5501. Severability.
TITLE VI--CAMPAIGN FINANCE OVERSIGHT
Subtitle A--Restoring Integrity to America's Elections
Sec. 6001. Short title.
Sec. 6002. Membership of Federal Election Commission.
Sec. 6003. Assignment of powers to Chair of Federal Election
Commission.
Sec. 6004. Revision to enforcement process.
Sec. 6005. Permitting appearance at hearings on requests for advisory
opinions by persons opposing the requests.
Sec. 6006. Permanent extension of administrative penalty authority.
Sec. 6007. Restrictions on ex parte communications.
Sec. 6008. Clarifying authority of FEC attorneys to represent FEC in
Supreme Court.
Sec. 6009. Requiring forms to permit use of accent marks.
Sec. 6010. Extension of statute of limitations for offenses under
Federal Election Campaign Act of 1971.
Sec. 6011. Effective date; transition.
Subtitle B--Stopping Super PAC-Candidate Coordination
Sec. 6101. Short title.
Sec. 6102. Clarification of treatment of coordinated expenditures as
contributions to candidates.
Sec. 6103. Clarification of ban on fundraising for super PACs by
Federal candidates and officeholders.
Subtitle C--Disposal of Contributions or Donations
Sec. 6201. Timeframe for and prioritization of disposal of
contributions or donations.
Sec. 6202. 1-year transition period for certain individuals.
Subtitle D--Recommendations to Ensure Filing of Reports Before Date of
Election
Sec. 6301. Recommendations to ensure filing of reports before date of
election.
Subtitle E--Severability
Sec. 6401. Severability.
DIVISION C--ETHICS
TITLE VII--ETHICAL STANDARDS
Subtitle A--Supreme Court Ethics
Sec. 7001. Code of conduct for Federal judges.
Subtitle B--Foreign Agents Registration
Sec. 7101. Establishment of FARA investigation and enforcement unit
within Department of Justice.
Sec. 7102. Authority to impose civil money penalties.
Sec. 7103. Disclosure of transactions involving things of financial
value conferred on officeholders.
Sec. 7104. Ensuring online access to registration statements.
Sec. 7105. Disclaimer requirements for materials posted on online
platforms by agents of foreign principals
on behalf of clients.
Sec. 7106. Clarification of treatment of individuals who engage with
the United States in political activities
for a foreign principal in any place as
agents of foreign principals.
Sec. 7107. Analysis and report on challenges to enforcement of Foreign
Agents Registration Act of 1938.
Subtitle C--Lobbying Disclosure Reform
Sec. 7201. Expanding scope of individuals and activities subject to
requirements of Lobbying Disclosure Act of
1995.
Sec. 7202. Prohibiting receipt of compensation for lobbying activities
on behalf of foreign countries violating
human rights.
Sec. 7203. Requiring lobbyists to disclose status as lobbyists upon
making any lobbying contacts.
Subtitle D--Recusal of Presidential Appointees
Sec. 7301. Recusal of appointees.
Subtitle E--Clearinghouse on Lobbying Information
Sec. 7401. Establishment of clearinghouse.
Subtitle F--Severability
Sec. 7501. Severability.
TITLE VIII--ETHICS REFORMS FOR THE PRESIDENT, VICE PRESIDENT, AND
FEDERAL OFFICERS AND EMPLOYEES
Subtitle A--Executive Branch Conflict of Interest
Sec. 8001. Short title.
Sec. 8002. Restrictions on private sector payment for government
service.
Sec. 8003. Requirements relating to slowing the revolving door.
Sec. 8004. Prohibition of procurement officers accepting employment
from government contractors.
Sec. 8005. Revolving door restrictions on employees moving into the
private sector.
Sec. 8006. Guidance on unpaid employees.
Sec. 8007. Limitation on use of Federal funds and contracting at
businesses owned by certain Government
officers and employees.
Subtitle B--Presidential Conflicts of Interest
Sec. 8011. Short title.
Sec. 8012. Divestiture of personal financial interests of the President
and Vice President that pose a potential
conflict of interest.
Sec. 8013. Initial financial disclosure.
Sec. 8014. Contracts by the President or Vice President.
Sec. 8015. Legal defense funds.
Subtitle C--White House Ethics Transparency
Sec. 8021. Short title.
Sec. 8022. Procedure for waivers and authorizations relating to ethics
requirements.
Subtitle D--Executive Branch Ethics Enforcement
Sec. 8031. Short title.
Sec. 8032. Reauthorization of the Office of Government Ethics.
Sec. 8033. Tenure of the Director of the Office of Government Ethics.
Sec. 8034. Duties of Director of the Office of Government Ethics.
Sec. 8035. Agency ethics officials training and duties.
Sec. 8036. Prohibition on use of funds for certain Federal employee
travel in contravention of certain
regulations.
Sec. 8037. Reports on cost of Presidential travel.
Sec. 8038. Reports on cost of senior Federal official travel.
Subtitle E--Conflicts From Political Fundraising
Sec. 8041. Short title.
Sec. 8042. Disclosure of certain types of contributions.
Subtitle F--Transition Team Ethics
Sec. 8051. Short title.
Sec. 8052. Presidential transition ethics programs.
Subtitle G--Ethics Pledge For Senior Executive Branch Employees
Sec. 8061. Short title.
Sec. 8062. Ethics pledge requirement for senior executive branch
employees.
Subtitle H--Travel on Private Aircraft by Senior Political Appointees
Sec. 8071. Short title.
Sec. 8072. Prohibition on use of funds for travel on private aircraft.
Subtitle I--Severability
Sec. 8081. Severability.
TITLE IX--CONGRESSIONAL ETHICS REFORM
Subtitle A--Requiring Members of Congress To Reimburse Treasury for
Amounts Paid as Settlements and Awards Under Congressional
Accountability Act of 1995
Sec. 9001. Requiring Members of Congress to reimburse Treasury for
amounts paid as settlements and awards
under Congressional Accountability Act of
1995 in all cases of employment
discrimination acts by Members.
Subtitle B--Conflicts of Interests
Sec. 9101. Prohibiting Members of House of Representatives from serving
on boards of for-profit entities.
Sec. 9102. Conflict of interest rules for Members of Congress and
congressional staff.
Sec. 9103. Exercise of rulemaking powers.
Subtitle C--Campaign Finance and Lobbying Disclosure
Sec. 9201. Short title.
Sec. 9202. Requiring disclosure in certain reports filed with Federal
Election Commission of persons who are
registered lobbyists.
Sec. 9203. Effective date.
Subtitle D--Access to Congressionally Mandated Reports
Sec. 9301. Short title.
Sec. 9302. Definitions.
Sec. 9303. Establishment of online portal for congressionally mandated
reports.
Sec. 9304. Federal agency responsibilities.
Sec. 9305. Removing and altering reports.
Sec. 9306. Relationship to the Freedom of Information Act.
Sec. 9307. Implementation.
Subtitle E--Reports on Outside Compensation Earned by Congressional
Employees
Sec. 9401. Reports on outside compensation earned by congressional
employees.
Subtitle F--Severability
Sec. 9501. Severability.
TITLE X--PRESIDENTIAL AND VICE PRESIDENTIAL TAX TRANSPARENCY
Sec. 10001. Presidential and Vice Presidential tax transparency.
SEC. 3. FINDINGS OF GENERAL CONSTITUTIONAL AUTHORITY.
Congress finds that the Constitution of the United States grants
explicit and broad authority to protect the right to vote, to regulate
elections for Federal office, to prevent and remedy discrimination in
voting, and to defend the Nation's democratic process. Congress enacts
the ``For the People Act of 2021'' pursuant to this broad authority,
including but not limited to the following:
(1) Congress finds that it has broad authority to regulate
the time, place, and manner of congressional elections under
the Elections Clause of the Constitution, article I, section 4,
clause 1. The Supreme Court has affirmed that the ``substantive
scope'' of the Elections Clause is ``broad''; that ``Times,
Places, and Manner'' are ``comprehensive words which embrace
authority to provide for a complete code for congressional
elections''; and ``[t]he power of Congress over the Times,
Places and Manner of congressional elections is paramount, and
may be exercised at any time, and to any extent which it deems
expedient; and so far as it is exercised, and no farther, the
regulations effected supersede those of the State which are
inconsistent therewith''. Arizona v. Inter Tribal Council of
Arizona, 570 U.S. 1, 8-9 (2013) (internal quotation marks and
citations omitted). Indeed, ``Congress has plenary and
paramount jurisdiction over the whole subject'' of
congressional elections, Ex parte Siebold, 100 U.S. (10 Otto)
371, 388 (1879), and this power ``may be exercised as and when
Congress sees fit'', and ``so far as it extends and conflicts
with the regulations of the State, necessarily supersedes
them''. Id. At 384. Among other things, Congress finds that the
Elections Clause was intended to ``vindicate the people's right
to equality of representation in the House''. Wesberry v.
Sanders, 376 U.S. 1, 16 (1964), and to address partisan
gerrymandering, Rucho v. Common Cause, 588 U.S. ____, 32-33
(2019).
(2) Congress also finds that it has both the authority and
responsibility, as the legislative body for the United States,
to fulfill the promise of article IV, section 4, of the
Constitution, which states: ``The United States shall guarantee
to every State in this Union a Republican Form of
Government[.]''. Congress finds that its authority and
responsibility to enforce the Guarantee Clause is particularly
strong given that Federal courts have not enforced this clause
because they understood that its enforcement is committed to
Congress by the Constitution.
(3)(A) Congress also finds that it has broad authority
pursuant to section 5 of the Fourteenth Amendment to legislate
to enforce the provisions of the Fourteenth Amendment,
including its protections of the right to vote and the
democratic process.
(B) Section 1 of the Fourteenth Amendment protects the
fundamental right to vote, which is ``of the most fundamental
significance under our constitutional structure''. Ill. Bd. of
Election v. Socialist Workers Party, 440 U.S. 173, 184 (1979);
see United States v. Classic, 313 U.S. 299 (1941) (``Obviously
included within the right to choose, secured by the
Constitution, is the right of qualified voters within a state
to cast their ballots and have them counted . . .''). As the
Supreme Court has repeatedly affirmed, the right to vote is
``preservative of all rights'', Yick Wo v. Hopkins, 118 U.S.
356, 370 (1886). Section 2 of the Fourteenth Amendment also
protects the right to vote, granting Congress additional
authority to reduce a State's representation in Congress when
the right to vote is abridged or denied.
(C) As a result, Congress finds that it has the authority
pursuant to section 5 of the Fourteenth Amendment to protect
the right to vote. Congress also finds that States and
localities have eroded access to the right to vote through
restrictions on the right to vote including excessively onerous
voter identification requirements, burdensome voter
registration procedures, voter purges, limited and unequal
access to voting by mail, polling place closures, unequal
distribution of election resources, and other impediments.
(D) Congress also finds that ``the right of suffrage can be
denied by a debasement or dilution of the weight of a citizen's
vote just as effectively as by wholly prohibiting the free
exercise of the franchise''. Reynolds v. Sims, 377 U.S. 533,
555 (1964). Congress finds that the right of suffrage has been
so diluted and debased by means of gerrymandering of districts.
Congress finds that it has authority pursuant to section 5 of
the Fourteenth Amendment to remedy this debasement.
(4)(A) Congress also finds that it has authority to
legislate to eliminate racial discrimination in voting and the
democratic process pursuant to both section 5 of the Fourteenth
Amendment, which grants equal protection of the laws, and
section 2 of the Fifteenth Amendment, which explicitly bars
denial or abridgment of the right to vote on account of race,
color, or previous condition of servitude.
(B) Congress finds that racial discrimination in access to
voting and the political process persists. Voting restrictions,
redistricting, and other electoral practices and processes
continue to disproportionately impact communities of color in
the United States and do so as a result of both intentional
racial discrimination, structural racism, and the ongoing
structural socioeconomic effects of historical racial
discrimination.
(C) Recent elections and studies have shown that minority
communities wait longer in lines to vote, are more likely to
have their mail ballots rejected, continue to face intimidation
at the polls, are more likely to be disenfranchised by voter
purges, and are disproportionately burdened by voter
identification and other voter restrictions. Research shows
that communities of color are more likely to face nearly every
barrier to voting than their white counterparts.
(D) Congress finds that racial disparities in
disenfranchisement due to past felony convictions is
particularly stark. In 2020, according to the Sentencing
Project, an estimated 5,200,000 Americans could not vote due to
a felony conviction. One in 16 African Americans of voting age
is disenfranchised, a rate 3.7 times greater than that of non-
African Americans. In seven States-Alabama, Florida, Kentucky,
Mississippi, Tennessee, Virginia, and Wyoming-more than one in
seven African Americans is disenfranchised, twice the national
average for African Americans. Congress finds that felony
disenfranchisement was one of the tools of intentional racial
discrimination during the Jim Crow era. Congress further finds
that current racial disparities in felony disenfranchisement
are linked to this history of voter suppression, structural
racism in the criminal justice system, and ongoing effects of
historical discrimination.
(5)(A) Congress finds that it further has the power to
protect the right to vote from denial or abridgment on account
of sex, age, or ability to pay a poll tax or other tax pursuant
to the Nineteenth, Twenty-Fourth, and Twenty-Sixth Amendments.
(B) Congress finds that electoral practices including
voting rights restoration conditions for people with
convictions, voter identification requirements, and other
restrictions to the franchise burden voters on account of their
ability to pay.
(C) Congress further finds that electoral practices
including voting restrictions related to college campuses, age
restrictions on mail voting, and similar practices burden the
right to vote on account of age.
SEC. 4. STANDARDS FOR JUDICIAL REVIEW.
(a) In General.--For any action brought for declaratory or
injunctive relief to challenge, whether facially or as-applied, the
constitutionality or lawfulness of any provision of this Act or any
amendment made by this Act or any rule or regulation promulgated under
this Act, the following rules shall apply:
(1) The action shall be filed in the United States District
Court for the District of Columbia and an appeal from the
decision of the district court may be taken to the Court of
Appeals for the District of Columbia Circuit. These courts, and
the Supreme Court of the United States on a writ of certiorari
(if such a writ is issued), shall have exclusive jurisdiction
to hear such actions.
(2) The party filing the action shall concurrently deliver
a copy the complaint to the Clerk of the House of
Representatives and the Secretary of the Senate.
(3) It shall be the duty of the United States District
Court for the District of Columbia and the Court of Appeals for
the District of Columbia Circuit to advance on the docket and
to expedite to the greatest possible extent the disposition of
the action and appeal.
(b) Clarifying Scope of Jurisdiction.--If an action at the time of
its commencement is not subject to subsection (a), but an amendment,
counterclaim, cross-claim, affirmative defense, or any other pleading
or motion is filed challenging, whether facially or as-applied, the
constitutionality or lawfulness of this Act or any amendment made by
this Act or any rule or regulation promulgated under this Act, the
district court shall transfer the action to the District Court for the
District of Columbia, and the action shall thereafter be conducted
pursuant to subsection (a).
(c) Intervention by Members of Congress.--In any action described
in subsection (a), any Member of the House of Representatives
(including a Delegate or Resident Commissioner to the Congress) or
Senate shall have the right to intervene either in support of or
opposition to the position of a party to the case regarding the
constitutionality of the provision. To avoid duplication of efforts and
reduce the burdens placed on the parties to the action, the court in
any such action may make such orders as it considers necessary,
including orders to require interveners taking similar positions to
file joint papers or to be represented by a single attorney at oral
argument.
DIVISION A--VOTING
TITLE I--ELECTION ACCESS
Sec. 1000. Short title; statement of policy.
Subtitle A--Voter Registration Modernization
Sec. 1000A. Short title.
Part 1--Promoting Internet Registration
Sec. 1001. Requiring availability of internet for voter registration.
Sec. 1002. Use of internet to update registration information.
Sec. 1003. Provision of election information by electronic mail to
individuals registered to vote.
Sec. 1004. Clarification of requirement regarding necessary information
to show eligibility to vote.
Sec. 1005. Prohibiting State from requiring applicants to provide more
than last 4 digits of Social Security
number.
Sec. 1006. Report on data collection.
Sec. 1007. Permitting voter registration application form to serve as
application for absentee ballot.
Sec. 1008. Effective date.
Part 2--Automatic Voter Registration
Sec. 1011. Short title; findings and purpose.
Sec. 1012. Automatic registration of eligible individuals.
Sec. 1013. Contributing agency assistance in registration.
Sec. 1014. One-time contributing agency assistance in registration of
eligible voters in existing records.
Sec. 1015. Voter protection and security in automatic registration.
Sec. 1016. Registration portability and correction.
Sec. 1017. Payments and grants.
Sec. 1018. Treatment of exempt States.
Sec. 1019. Miscellaneous provisions.
Sec. 1020. Definitions.
Sec. 1021. Effective date.
Part 3--Same Day Voter Registration
Sec. 1031. Same day registration.
Part 4--Conditions on Removal on Basis of Interstate Cross-Checks
Sec. 1041. Conditions on removal of registrants from official list of
eligible voters on basis of interstate
cross-checks.
Part 5--Other Initiatives To Promote Voter Registration
Sec. 1051. Annual reports on voter registration statistics.
Sec. 1052. Ensuring pre-election registration deadlines are consistent
with timing of legal public holidays.
Sec. 1053. Use of Postal Service hard copy change of address form to
remind individuals to update voter
registration.
Sec. 1054. Grants to States for activities to encourage involvement of
minors in election activities.
Sec. 1055. Permission to place exhibits.
Sec. 1056. Requiring States to establish and operate voter privacy
programs.
Sec. 1057. Inclusion of voter registration information with certain
leases and vouchers for federally assisted
rental housing and mortgage applications.
Part 6--Availability of HAVA Requirements Payments
Sec. 1061. Availability of requirements payments under HAVA to cover
costs of compliance with new requirements.
Part 7--Prohibiting Interference With Voter Registration
Sec. 1071. Prohibiting hindering, interfering with, or preventing voter
registration.
Sec. 1072. Establishment of best practices.
Part 8--Voter Registration Efficiency Act
Sec. 1081. Short title.
Sec. 1082. Requiring applicants for motor vehicle driver's licenses in
new state to indicate whether state serves
as residence for voter registration
purposes.
Part 9--Providing Voter Registration Information to Secondary School
Students
Sec. 1091. Pilot program for providing voter registration information
to secondary school students prior to
graduation.
Sec. 1092. Reports.
Sec. 1093. Authorization of appropriations.
Part 10--Voter Registration of Minors
Sec. 1094. Acceptance of voter registration applications from
individuals under 18 years of age.
Subtitle B--Access to Voting for Individuals With Disabilities
Sec. 1101. Requirements for States to promote access to voter
registration and voting for individuals
with disabilities.
Sec. 1102. Expansion and reauthorization of grant program to assure
voting access for individuals with
disabilities.
Sec. 1103. Pilot programs for enabling individuals with disabilities to
register to vote privately and
independently at residences.
Sec. 1104. GAO analysis and report on voting access for individuals
with disabilities.
Subtitle C--Prohibiting Voter Caging
Sec. 1201. Voter caging and other questionable challenges prohibited.
Sec. 1202. Development and adoption of best practices for preventing
voter caging.
Subtitle D--Prohibiting Deceptive Practices and Preventing Voter
Intimidation
Sec. 1301. Short title.
Sec. 1302. Prohibition on deceptive practices in Federal elections.
Sec. 1303. Corrective action.
Sec. 1304. Reports to Congress.
Subtitle E--Democracy Restoration
Sec. 1401. Short title.
Sec. 1402. Findings.
Sec. 1403. Rights of citizens.
Sec. 1404. Enforcement.
Sec. 1405. Notification of restoration of voting rights.
Sec. 1406. Definitions.
Sec. 1407. Relation to other laws.
Sec. 1408. Federal prison funds.
Sec. 1409. Effective date.
Subtitle F--Promoting Accuracy, Integrity, and Security Through Voter-
Verified Permanent Paper Ballot
Sec. 1501. Short title.
Sec. 1502. Paper ballot and manual counting requirements.
Sec. 1503. Accessibility and ballot verification for individuals with
disabilities.
Sec. 1504. Durability and readability requirements for ballots.
Sec. 1505. Study and report on optimal ballot design.
Sec. 1506. Paper ballot printing requirements.
Sec. 1507. Effective date for new requirements.
Subtitle G--Provisional Ballots
Sec. 1601. Requirements for counting provisional ballots; establishment
of uniform and nondiscriminatory standards.
Subtitle H--Early Voting
Sec. 1611. Early voting.
Subtitle I--Voting by Mail
Sec. 1621. Voting by mail.
Sec. 1622. Absentee ballot tracking program.
Sec. 1623. Voting materials postage.
Sec. 1624. Study and report on vote-by-mail procedures.
Subtitle J--Absent Uniformed Services Voters and Overseas Voters
Sec. 1701. Pre-election reports on availability and transmission of
absentee ballots.
Sec. 1702. Enforcement.
Sec. 1703. Revisions to 45-day absentee ballot transmission rule.
Sec. 1704. Use of single absentee ballot application for subsequent
elections.
Sec. 1705. Extending guarantee of residency for voting purposes to
family members of absent military
personnel.
Sec. 1706. Requiring transmission of blank absentee ballots under
UOCAVA to certain voters.
Sec. 1707. Department of Justice report on voter disenfranchisement.
Sec. 1708. Effective date.
Subtitle K--Poll Worker Recruitment and Training
Sec. 1801. Grants to States for poll worker recruitment and training.
Sec. 1802. State defined.
Subtitle L--Enhancement of Enforcement
Sec. 1811. Enhancement of enforcement of Help America Vote Act of 2002.
Subtitle M--Federal Election Integrity
Sec. 1821. Prohibition on campaign activities by chief State election
administration officials.
Subtitle N--Promoting Voter Access Through Election Administration
Improvements
Part 1--Promoting Voter Access
Sec. 1901. Treatment of institutions of higher education.
Sec. 1902. Minimum notification requirements for voters affected by
polling place changes.
Sec. 1903. Permitting use of sworn written statement to meet
identification requirements for voting.
Sec. 1904. Accommodations for voters residing in Indian lands.
Sec. 1905. Voter information response systems and hotline.
Sec. 1906. Ensuring equitable and efficient operation of polling
places.
Sec. 1907. Requiring States to provide secured drop boxes for voted
absentee ballots in elections for Federal
office.
Sec. 1908. Prohibiting States from restricting curbside voting.
Sec. 1909. Election Day as legal public holiday.
Sec. 1910. GAO study on voter turnout rates.
Sec. 1910A. Study on ranked-choice voting.
Part 2--Disaster and Emergency Contingency Plans
Sec. 1911. Requirements for Federal election contingency plans in
response to natural disasters and
emergencies.
Part 3--Improvements in Operation of Election Assistance Commission
Sec. 1921. Reauthorization of Election Assistance Commission.
Sec. 1922. Requiring States to participate in post-general election
surveys.
Sec. 1923. Reports by National Institute of Standards and Technology on
use of funds transferred from Election
Assistance Commission.
Sec. 1924. Recommendations to improve operations of Election Assistance
Commission.
Sec. 1925. Repeal of exemption of Election Assistance Commission from
certain government contracting
requirements.
Part 4--Miscellaneous Provisions
Sec. 1931. Application of Federal election administration laws to
territories of the United States.
Sec. 1932. Definition of election for Federal office.
Sec. 1933. Authorizing payments to voting accessibility protection and
advocacy systems serving the American
Indian Consortium.
Sec. 1934. Application of Federal voter protection laws to territories
of the United States.
Sec. 1935. Placement of statues of citizens of territories of the
United States in Statuary Hall.
Sec. 1936. No effect on other laws.
Sec. 1937. Clarification of Exemption for States Without Voter
Registration.
Part 5--Voter Notice
Sec. 1941. Short title.
Sec. 1942. Public education campaigns in event of changes in elections
in response to emergencies.
Sec. 1943. Requirements for websites of election officials.
Sec. 1944. Payments by Election Assistance Commission to States for
costs of compliance.
Subtitle O--Severability
Sec. 1951. Severability.
SEC. 1000. SHORT TITLE; STATEMENT OF POLICY.
(a) Short Title.--This title may be cited as the ``Voter
Empowerment Act of 2021''.
(b) Statement of Policy.--It is the policy of the United States
that--
(1) the ability of all eligible citizens of the United
States to access and exercise their constitutional right to
vote in a free, fair, and timely manner must be vigilantly
enhanced, protected, and maintained; and
(2) the integrity, security, and accountability of the
voting process must be vigilantly protected, maintained, and
enhanced in order to protect and preserve electoral and
participatory democracy in the United States.
Subtitle A--Voter Registration Modernization
SEC. 1000A. SHORT TITLE.
This subtitle may be cited as the ``Voter Registration
Modernization Act of 2021''.
PART 1--PROMOTING INTERNET REGISTRATION
SEC. 1001. REQUIRING AVAILABILITY OF INTERNET FOR VOTER REGISTRATION.
(a) Requiring Availability of Internet for Registration.--The
National Voter Registration Act of 1993 (52 U.S.C. 20501 et seq.) is
amended by inserting after section 6 the following new section:
``SEC. 6A. INTERNET REGISTRATION.
``(a) Requiring Availability of Internet for Online Registration.--
Each State, acting through the chief State election official, shall
ensure that the following services are available to the public at any
time on the official public websites of the appropriate State and local
election officials in the State, in the same manner and subject to the
same terms and conditions as the services provided by voter
registration agencies under section 7(a):
``(1) Online application for voter registration.
``(2) Online assistance to applicants in applying to
register to vote.
``(3) Online completion and submission by applicants of the
mail voter registration application form prescribed by the
Election Assistance Commission pursuant to section 9(a)(2),
including assistance with providing a signature as required
under subsection (c)).
``(4) Online receipt of completed voter registration
applications.
``(b) Acceptance of Completed Applications.--A State shall accept
an online voter registration application provided by an individual
under this section, and ensure that the individual is registered to
vote in the State, if--
``(1) the individual meets the same voter registration
requirements applicable to individuals who register to vote by
mail in accordance with section 6(a)(1) using the mail voter
registration application form prescribed by the Election
Assistance Commission pursuant to section 9(a)(2); and
``(2) the individual meets the requirements of subsection
(c) to provide a signature in electronic form (but only in the
case of applications submitted during or after the second year
in which this section is in effect in the State).
``(c) Signature Requirements.--
``(1) In general.--For purposes of this section, an
individual meets the requirements of this subsection as
follows:
``(A) In the case of an individual who has a
signature on file with a State agency, including the
State motor vehicle authority, that is required to
provide voter registration services under this Act or
any other law, the individual consents to the transfer
of that electronic signature.
``(B) If subparagraph (A) does not apply, the
individual submits with the application an electronic
copy of the individual's handwritten signature through
electronic means.
``(C) If subparagraph (A) and subparagraph (B) do
not apply, the individual executes a computerized mark
in the signature field on an online voter registration
application, in accordance with reasonable security
measures established by the State, but only if the
State accepts such mark from the individual.
``(2) Treatment of individuals unable to meet
requirement.--If an individual is unable to meet the
requirements of paragraph (1), the State shall--
``(A) permit the individual to complete all other
elements of the online voter registration application;
``(B) permit the individual to provide a signature
at the time the individual requests a ballot in an
election (whether the individual requests the ballot at
a polling place or requests the ballot by mail); and
``(C) if the individual carries out the steps
described in subparagraph (A) and subparagraph (B),
ensure that the individual is registered to vote in the
State.
``(3) Notice.--The State shall ensure that individuals
applying to register to vote online are notified of the
requirements of paragraph (1) and of the treatment of
individuals unable to meet such requirements, as described in
paragraph (2).
``(d) Confirmation and Disposition.--
``(1) Confirmation of receipt.--Upon the online submission
of a completed voter registration application by an individual
under this section, the appropriate State or local election
official shall send the individual a notice confirming the
State's receipt of the application and providing instructions
on how the individual may check the status of the application.
``(2) Notice of disposition.--Not later than 7 days after
the appropriate State or local election official has approved
or rejected an application submitted by an individual under
this section, the official shall send the individual a notice
of the disposition of the application.
``(3) Method of notification.--The appropriate State or
local election official shall send the notices required under
this subsection by regular mail and--
``(A) in the case of an individual who has provided
the official with an electronic mail address, by
electronic mail; and
``(B) at the option of the individual, by text
message.
``(e) Provision of Services in Nonpartisan Manner.--The services
made available under subsection (a) shall be provided in a manner that
ensures that, consistent with section 7(a)(5)--
``(1) the online application does not seek to influence an
applicant's political preference or party registration; and
``(2) there is no display on the website promoting any
political preference or party allegiance, except that nothing
in this paragraph may be construed to prohibit an applicant
from registering to vote as a member of a political party.
``(f) Protection of Security of Information.--In meeting the
requirements of this section, the State shall establish appropriate
technological security measures to prevent to the greatest extent
practicable any unauthorized access to information provided by
individuals using the services made available under subsection (a).
``(g) Accessibility of Services.--A state shall ensure that the
services made available under this section are made available to
individuals with disabilities to the same extent as services are made
available to all other individuals.
``(h) Use of Additional Telephone-Based System.--A State shall make
the services made available online under subsection (a) available
through the use of an automated telephone-based system, subject to the
same terms and conditions applicable under this section to the services
made available online, in addition to making the services available
online in accordance with the requirements of this section.
``(i) Nondiscrimination Among Registered Voters Using Mail and
Online Registration.--In carrying out this Act, the Help America Vote
Act of 2002, or any other Federal, State, or local law governing the
treatment of registered voters in the State or the administration of
elections for public office in the State, a State shall treat a
registered voter who registered to vote online in accordance with this
section in the same manner as the State treats a registered voter who
registered to vote by mail.''.
(b) Special Requirements for Individuals Using Online
Registration.--
(1) Treatment as individuals registering to vote by mail
for purposes of first-time voter identification requirements.--
Section 303(b)(1)(A) of the Help America Vote Act of 2002 (52
U.S.C. 21083(b)(1)(A)) is amended by striking ``by mail'' and
inserting ``by mail or online under section 6A of the National
Voter Registration Act of 1993''.
(2) Requiring signature for first-time voters in
jurisdiction.--Section 303(b) of such Act (52 U.S.C. 21083(b))
is amended--
(A) by redesignating paragraph (5) as paragraph
(6); and
(B) by inserting after paragraph (4) the following
new paragraph:
``(5) Signature requirements for first-time voters using
online registration.--
``(A) In general.--A State shall, in a uniform and
nondiscriminatory manner, require an individual to meet
the requirements of subparagraph (B) if--
``(i) the individual registered to vote in
the State online under section 6A of the
National Voter Registration Act of 1993; and
``(ii) the individual has not previously
voted in an election for Federal office in the
State.
``(B) Requirements.--An individual meets the
requirements of this subparagraph if--
``(i) in the case of an individual who
votes in person, the individual provides the
appropriate State or local election official
with a handwritten signature; or
``(ii) in the case of an individual who
votes by mail, the individual submits with the
ballot a handwritten signature.
``(C) Inapplicability.--Subparagraph (A) does not
apply in the case of an individual who is--
``(i) entitled to vote by absentee ballot
under the Uniformed and Overseas Citizens
Absentee Voting Act (52 U.S.C. 20302 et seq.);
``(ii) provided the right to vote otherwise
than in person under section 3(b)(2)(B)(ii) of
the Voting Accessibility for the Elderly and
Handicapped Act (52 U.S.C. 20102(b)(2)(B)(ii));
or
``(iii) entitled to vote otherwise than in
person under any other Federal law.''.
(3) Conforming amendment relating to effective date.--
Section 303(d)(2)(A) of such Act (52 U.S.C. 21083(d)(2)(A)) is
amended by striking ``Each State'' and inserting ``Except as
provided in subsection (b)(5), each State''.
(c) Conforming Amendments.--
(1) Timing of registration.--Section 8(a)(1) of the
National Voter Registration Act of 1993 (52 U.S.C. 20507(a)(1))
is amended--
(A) by striking ``and'' at the end of subparagraph
(C);
(B) by redesignating subparagraph (D) as
subparagraph (E); and
(C) by inserting after subparagraph (C) the
following new subparagraph:
``(D) in the case of online registration through
the official public website of an election official
under section 6A, if the valid voter registration
application is submitted online not later than the
lesser of 28 days, or the period provided by State law,
before the date of the election (as determined by
treating the date on which the application is sent
electronically as the date on which it is submitted);
and''.
(2) Informing applicants of eligibility requirements and
penalties.--Section 8(a)(5) of such Act (52 U.S.C. 20507(a)(5))
is amended by striking ``and 7'' and inserting ``6A, and 7''.
SEC. 1002. USE OF INTERNET TO UPDATE REGISTRATION INFORMATION.
(a) In General.--
(1) Updates to information contained on computerized
statewide voter registration list.--Section 303(a) of the Help
America Vote Act of 2002 (52 U.S.C. 21083(a)) is amended by
adding at the end the following new paragraph:
``(6) Use of internet by registered voters to update
information.--
``(A) In general.--The appropriate State or local
election official shall ensure that any registered
voter on the computerized list may at any time update
the voter's registration information, including the
voter's address and electronic mail address, online
through the official public website of the election
official responsible for the maintenance of the list,
so long as the voter attests to the contents of the
update by providing a signature in electronic form in
the same manner required under section 6A(c) of the
National Voter Registration Act of 1993.
``(B) Processing of updated information by election
officials.--If a registered voter updates registration
information under subparagraph (A), the appropriate
State or local election official shall--
``(i) revise any information on the
computerized list to reflect the update made by
the voter; and
``(ii) if the updated registration
information affects the voter's eligibility to
vote in an election for Federal office, ensure
that the information is processed with respect
to the election if the voter updates the
information not later than the lesser of 7
days, or the period provided by State law,
before the date of the election.
``(C) Confirmation and disposition.--
``(i) Confirmation of receipt.--Upon the
online submission of updated registration
information by an individual under this
paragraph, the appropriate State or local
election official shall send the individual a
notice confirming the State's receipt of the
updated information and providing instructions
on how the individual may check the status of
the update.
``(ii) Notice of disposition.--Not later
than 7 days after the appropriate State or
local election official has accepted or
rejected updated information submitted by an
individual under this paragraph, the official
shall send the individual a notice of the
disposition of the update.
``(iii) Method of notification.--The
appropriate State or local election official
shall send the notices required under this
subparagraph by regular mail and--
``(I) in the case of an individual
who has requested that the State
provide voter registration and voting
information through electronic mail, by
electronic mail; and
``(II) at the option of the
individual, by text message.''.
(2) Conforming amendment relating to effective date.--
Section 303(d)(1)(A) of such Act (52 U.S.C. 21083(d)(1)(A)) is
amended by striking ``subparagraph (B)'' and inserting
``subparagraph (B) and subsection (a)(6)''.
(b) Ability of Registrant To Use Online Update To Provide
Information on Residence.--Section 8(d)(2)(A) of the National Voter
Registration Act of 1993 (52 U.S.C. 20507(d)(2)(A)) is amended--
(1) in the first sentence, by inserting after ``return the
card'' the following: ``or update the registrant's information
on the computerized statewide voter registration list using the
online method provided under section 303(a)(6) of the Help
America Vote Act of 2002''; and
(2) in the second sentence, by striking ``returned,'' and
inserting the following: ``returned or if the registrant does
not update the registrant's information on the computerized
Statewide voter registration list using such online method,''.
SEC. 1003. PROVISION OF ELECTION INFORMATION BY ELECTRONIC MAIL TO
INDIVIDUALS REGISTERED TO VOTE.
(a) Including Option on Voter Registration Application To Provide
E-Mail Address and Receive Information.--
(1) In general.--Section 9(b) of the National Voter
Registration Act of 1993 (52 U.S.C. 20508(b)) is amended--
(A) by striking ``and'' at the end of paragraph
(3);
(B) by striking the period at the end of paragraph
(4) and inserting ``; and''; and
(C) by adding at the end the following new
paragraph:
``(5) shall include a space for the applicant to provide
(at the applicant's option) an electronic mail address,
together with a statement that, if the applicant so requests,
instead of using regular mail the appropriate State and local
election officials shall provide to the applicant, through
electronic mail sent to that address, the same voting
information (as defined in section 302(b)(2) of the Help
America Vote Act of 2002) which the officials would provide to
the applicant through regular mail.''.
(2) Prohibiting use for purposes unrelated to official
duties of election officials.--Section 9 of such Act (52 U.S.C.
20508) is amended by adding at the end the following new
subsection:
``(c) Prohibiting Use of Electronic Mail Addresses for Other Than
Official Purposes.--The chief State election official shall ensure that
any electronic mail address provided by an applicant under subsection
(b)(5) is used only for purposes of carrying out official duties of
election officials and is not transmitted by any State or local
election official (or any agent of such an official, including a
contractor) to any person who does not require the address to carry out
such official duties and who is not under the direct supervision and
control of a State or local election official.''.
(b) Requiring Provision of Information by Election Officials.--
Section 302(b) of the Help America Vote Act of 2002 (52 U.S.C.
21082(b)) is amended by adding at the end the following new paragraph:
``(3) Provision of other information by electronic mail.--
If an individual who is a registered voter has provided the
State or local election official with an electronic mail
address for the purpose of receiving voting information (as
described in section 9(b)(5) of the National Voter Registration
Act of 1993), the appropriate State or local election official,
through electronic mail transmitted not later than 7 days
before the date of the election for Federal office involved,
shall provide the individual with information on how to obtain
the following information by electronic means:
``(A) The name and address of the polling place at
which the individual is assigned to vote in the
election.
``(B) The hours of operation for the polling place.
``(C) A description of any identification or other
information the individual may be required to present
at the polling place.''.
SEC. 1004. CLARIFICATION OF REQUIREMENT REGARDING NECESSARY INFORMATION
TO SHOW ELIGIBILITY TO VOTE.
Section 8 of the National Voter Registration Act of 1993 (52 U.S.C.
20507) is amended--
(1) by redesignating subsection (j) as subsection (k); and
(2) by inserting after subsection (i) the following new
subsection:
``(j) Requirement for State To Register Applicants Providing
Necessary Information To Show Eligibility To Vote.--For purposes
meeting the requirement of subsection (a)(1) that an eligible applicant
is registered to vote in an election for Federal office within the
deadlines required under such subsection, the State shall consider an
applicant to have provided a `valid voter registration form' if--
``(1) the applicant has substantially completed the
application form and attested to the statement required by
section 9(b)(2); and
``(2) in the case of an applicant who registers to vote
online in accordance with section 6A, the applicant provides a
signature in accordance with subsection (c) of such section.''.
SEC. 1005. PROHIBITING STATE FROM REQUIRING APPLICANTS TO PROVIDE MORE
THAN LAST 4 DIGITS OF SOCIAL SECURITY NUMBER.
(a) Form Included With Application for Motor Vehicle Driver's
License.--Section 5(c)(2)(B)(ii) of the National Voter Registration Act
of 1993 (52 U.S.C. 20504(c)(2)(B)(ii)) is amended by striking the
semicolon at the end and inserting the following: ``, and to the extent
that the application requires the applicant to provide a Social
Security number, may not require the applicant to provide more than the
last 4 digits of such number;''.
(b) National Mail Voter Registration Form.--Section 9(b)(1) of such
Act (52 U.S.C. 20508(b)(1)) is amended by striking the semicolon at the
end and inserting the following: ``, and to the extent that the form
requires the applicant to provide a Social Security number, the form
may not require the applicant to provide more than the last 4 digits of
such number;''.
SEC. 1006. REPORT ON DATA COLLECTION.
Not later than 1 year after the date of enactment of this Act, the
Attorney General shall submit to Congress a report on local, State, and
Federal personally identifiable information data collections efforts,
the cyber security resources necessary to defend such efforts from
online attacks, and the impact of a potential data breach of local,
State, or Federal online voter registration systems.
SEC. 1007. PERMITTING VOTER REGISTRATION APPLICATION FORM TO SERVE AS
APPLICATION FOR ABSENTEE BALLOT.
Section 5(c)(2) of the National Voter Registration Act of 1993 (52
U.S.C. 20504(c)(2)) is amended--
(1) by striking ``and'' at the end of subparagraph (D);
(2) by striking the period at the end of subparagraph (E)
and inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(F) at the option of the applicant, shall serve as an
application to vote by absentee ballot in the next election for
Federal office held in the State and in each subsequent
election for Federal office held in the State.''.
SEC. 1008. EFFECTIVE DATE.
(a) In General.--Except as provided in subsection (b), the
amendments made by this part (other than the amendments made by section
1004) shall take effect January 1, 2022.
(b) Waiver.--Subject to the approval of the Election Assistance
Commission, if a State certifies to the Election Assistance Commission
that the State will not meet the deadline referred to in subsection (a)
because of extraordinary circumstances and includes in the
certification the reasons for the failure to meet the deadline,
subsection (a) shall apply to the State as if the reference in such
subsection to ``January 1, 2022'' were a reference to ``January 1,
2024''.
PART 2--AUTOMATIC VOTER REGISTRATION
SEC. 1011. SHORT TITLE; FINDINGS AND PURPOSE.
(a) Short Title.--This part may be cited as the ``Automatic Voter
Registration Act of 2021''.
(b) Findings and Purpose.--
(1) Findings.--Congress finds that--
(A) the right to vote is a fundamental right of
citizens of the United States;
(B) it is the responsibility of the State and
Federal Governments to ensure that every eligible
citizen is registered to vote;
(C) existing voter registration systems can be
inaccurate, costly, inaccessible and confusing, with
damaging effects on voter participation in elections
for Federal office and disproportionate impacts on
young people, persons with disabilities, and racial and
ethnic minorities; and
(D) voter registration systems must be updated with
21st Century technologies and procedures to maintain
their security.
(2) Purpose.--It is the purpose of this part--
(A) to establish that it is the responsibility of
government at every level to ensure that all eligible
citizens are registered to vote in elections for
Federal office;
(B) to enable the State and Federal Governments to
register all eligible citizens to vote with accurate,
cost-efficient, and up-to-date procedures;
(C) to modernize voter registration and list
maintenance procedures with electronic and internet
capabilities; and
(D) to protect and enhance the integrity, accuracy,
efficiency, and accessibility of the electoral process
for all eligible citizens.
SEC. 1012. AUTOMATIC REGISTRATION OF ELIGIBLE INDIVIDUALS.
(a) Requiring States To Establish and Operate Automatic
Registration System.--
(1) In general.--The chief State election official of each
State shall establish and operate a system of automatic
registration for the registration of eligible individuals to
vote for elections for Federal office in the State, in
accordance with the provisions of this part.
(2) Definition.--The term ``automatic registration'' means
a system that registers an individual to vote in elections for
Federal office in a State, if eligible, by electronically
transferring the information necessary for registration from
government agencies to election officials of the State so that,
unless the individual affirmatively declines to be registered,
the individual will be registered to vote in such elections.
(b) Registration of Voters Based on New Agency Records.--The chief
State election official shall--
(1) not later than 15 days after a contributing agency has
transmitted information with respect to an individual pursuant
to section 1013, ensure that the individual is registered to
vote in elections for Federal office in the State if the
individual is eligible to be registered to vote in such
elections; and
(2) not later than 120 days after a contributing agency has
transmitted such information with respect to the individual,
send written notice to the individual, in addition to other
means of notice established by this part, of the individual's
voter registration status.
(c) One-Time Registration of Voters Based on Existing Contributing
Agency Records.--The chief State election official shall--
(1) identify all individuals whose information is
transmitted by a contributing agency pursuant to section 1014
and who are eligible to be, but are not currently, registered
to vote in that State;
(2) promptly send each such individual written notice, in
addition to other means of notice established by this part,
which shall not identify the contributing agency that
transmitted the information but shall include--
(A) an explanation that voter registration is
voluntary, but if the individual does not decline
registration, the individual will be registered to
vote;
(B) a statement offering the opportunity to decline
voter registration through means consistent with the
requirements of this part;
(C) in the case of a State in which affiliation or
enrollment with a political party is required in order
to participate in an election to select the party's
candidate in an election for Federal office, a
statement offering the individual the opportunity to
affiliate or enroll with a political party or to
decline to affiliate or enroll with a political party,
through means consistent with the requirements of this
part;
(D) the substantive qualifications of an elector in
the State as listed in the mail voter registration
application form for elections for Federal office
prescribed pursuant to section 9 of the National Voter
Registration Act of 1993, the consequences of false
registration, and a statement that the individual
should decline to register if the individual does not
meet all those qualifications;
(E) instructions for correcting any erroneous
information;
(F) instructions for providing any additional
information which is listed in the mail voter
registration application form for elections for Federal
office prescribed pursuant to section 9 of the National
Voter Registration Act of 1993; and
(G) an explanation of what information the State
and local election officials maintain with respect to
an individual voter registration status for purposes of
elections for Federal office in the State, how that
information is shared or sold and with whom, what
information is automatically kept confidential, what
information is needed to access voter information
online, and what privacy programs are available, such
as those described in section 1056;
(3) ensure that each such individual who is eligible to
register to vote in elections for Federal office in the State
is promptly registered to vote not later than 45 days after the
official sends the individual the written notice under
paragraph (2), unless, during the 30-day period which begins on
the date the election official sends the individual such
written notice, the individual declines registration in
writing, through a communication made over the internet, or by
an officially logged telephone communication; and
(4) send written notice to each such individual, in
addition to other means of notice established by this part, of
the individual's voter registration status.
(d) Treatment of Individuals Under 18 Years of Age.--A State may
not refuse to treat an individual as an eligible individual for
purposes of this part on the grounds that the individual is less than
18 years of age at the time a contributing agency receives information
with respect to the individual, so long as the individual is at least
16 years of age at such time. Nothing in the previous sentence may be
construed to require a State to permit an individual who is under 18
years of age at the time of an election for Federal office to vote in
the election.
(e) Contributing Agency Defined.--In this part, the term
``contributing agency'' means, with respect to a State, an agency
listed in section 1013(e).
SEC. 1013. CONTRIBUTING AGENCY ASSISTANCE IN REGISTRATION.
(a) In General.--In accordance with this part, each contributing
agency in a State shall assist the State's chief election official in
registering to vote all eligible individuals served by that agency.
(b) Requirements for Contributing Agencies.--
(1) Instructions on automatic registration.--With each
application for service or assistance, and with each related
recertification, renewal, or change of address, or, in the case
of an institution of higher education, with each registration
of a student for enrollment in a course of study, each
contributing agency that (in the normal course of its
operations) requests individuals to affirm United States
citizenship (either directly or as part of the overall
application for service or assistance) shall inform each such
individual who is a citizen of the United States of the
following:
(A) Unless that individual declines to register to
vote, or is found ineligible to vote, the individual
will be registered to vote or, if applicable, the
individual's registration will be updated.
(B) The substantive qualifications of an elector in
the State as listed in the mail voter registration
application form for elections for Federal office
prescribed pursuant to section 9 of the National Voter
Registration Act of 1993, the consequences of false
registration, and the individual should decline to
register if the individual does not meet all those
qualifications.
(C) In the case of a State in which affiliation or
enrollment with a political party is required in order
to participate in an election to select the party's
candidate in an election for Federal office, the
requirement that the individual must affiliate or
enroll with a political party in order to participate
in such an election.
(D) Voter registration is voluntary, and neither
registering nor declining to register to vote will in
any way affect the availability of services or
benefits, nor be used for other purposes.
(2) Opportunity to decline registration required.--Except
as otherwise provided in this section, each contributing agency
shall ensure that each application for service or assistance,
and each related recertification, renewal, or change of address
cannot be completed until the individual is given the
opportunity to decline to be registered to vote.
(3) Information transmittal.--Upon the expiration of the
30-day period which begins on the date a contributing agency as
described in paragraph (1) informs an individual of the
information described in such paragraph, unless the individual
has declined to be registered to vote or informs the agency
that they are already registered to vote, each contributing
agency shall electronically transmit to the appropriate State
election official, in a format compatible with the statewide
voter database maintained under section 303 of the Help America
Vote Act of 2002 (52 U.S.C. 21083), the following information:
(A) The individual's given name(s) and surname(s).
(B) The individual's date of birth.
(C) The individual's residential address.
(D) Information showing that the individual is a
citizen of the United States.
(E) The date on which information pertaining to
that individual was collected or last updated.
(F) If available, the individual's signature in
electronic form.
(G) Except in the case in which the contributing
agency is a covered institution of higher education, in
the case of a State in which affiliation or enrollment
with a political party is required in order to
participate in an election to select the party's
candidate in an election for Federal office,
information regarding the individual's affiliation or
enrollment with a political party, but only if the
individual provides such information.
(H) Any additional information listed in the mail
voter registration application form for elections for
Federal office prescribed pursuant to section 9 of the
National Voter Registration Act of 1993, including any
valid driver's license number or the last 4 digits of
the individual's social security number, if the
individual provided such information.
(c) Alternate Procedure for Certain Contributing Agencies.--With
each application for service or assistance, and with each related
recertification, renewal, or change of address, any contributing agency
that in the normal course of its operations does not request
individuals applying for service or assistance to affirm United States
citizenship (either directly or as part of the overall application for
service or assistance) shall--
(1) complete the requirements of section 7(a)(6) of the
National Voter Registration Act of 1993 (52 U.S.C.
20506(a)(6));
(2) ensure that each applicant's transaction with the
agency cannot be completed until the applicant has indicated
whether the applicant wishes to register to vote or declines to
register to vote in elections for Federal office held in the
State; and
(3) for each individual who wishes to register to vote,
transmit that individual's information in accordance with
subsection (b)(3).
(d) Required Availability of Automatic Registration Opportunity
With Each Application for Service or Assistance.--Each contributing
agency shall offer each individual, with each application for service
or assistance, and with each related recertification, renewal, or
change of address, or in the case of an institution of higher
education, with each registration of a student for enrollment in a
course of study, the opportunity to register to vote as prescribed by
this section without regard to whether the individual previously
declined a registration opportunity.
(e) Contributing Agencies.--
(1) State agencies.--In each State, each of the following
agencies shall be treated as a contributing agency:
(A) Each agency in a State that is required by
Federal law to provide voter registration services,
including the State motor vehicle authority and other
voter registration agencies under the National Voter
Registration Act of 1993.
(B) Each agency in a State that administers a
program pursuant to title III of the Social Security
Act (42 U.S.C. 501 et seq.), title XIX of the Social
Security Act (42 U.S.C. 1396 et seq.), or the Patient
Protection and Affordable Care Act (Public Law 111-
148).
(C) Each State agency primarily responsible for
regulating the private possession of firearms.
(D) Each State agency primarily responsible for
maintaining identifying information for students
enrolled at public secondary schools, including, where
applicable, the State agency responsible for
maintaining the education data system described in
section 6201(e)(2) of the America COMPETES Act (20
U.S.C. 9871(e)(2)).
(E) In the case of a State in which an individual
disenfranchised by a criminal conviction may become
eligible to vote upon completion of a criminal sentence
or any part thereof, or upon formal restoration of
rights, the State agency responsible for administering
that sentence, or part thereof, or that restoration of
rights.
(F) Any other agency of the State which is
designated by the State as a contributing agency.
(2) Federal agencies.--In each State, each of the following
agencies of the Federal Government shall be treated as a
contributing agency with respect to individuals who are
residents of that State (except as provided in subparagraph
(C)):
(A) The Social Security Administration, the
Department of Veterans Affairs, the Defense Manpower
Data Center of the Department of Defense, the Employee
and Training Administration of the Department of Labor,
and the Center for Medicare & Medicaid Services of the
Department of Health and Human Services.
(B) The Bureau of Citizenship and Immigration
Services, but only with respect to individuals who have
completed the naturalization process.
(C) In the case of an individual who is a resident
of a State in which an individual disenfranchised by a
criminal conviction under Federal law may become
eligible to vote upon completion of a criminal sentence
or any part thereof, or upon formal restoration of
rights, the Federal agency responsible for
administering that sentence or part thereof (without
regard to whether the agency is located in the same
State in which the individual is a resident), but only
with respect to individuals who have completed the
criminal sentence or any part thereof.
(D) Any other agency of the Federal Government
which the State designates as a contributing agency,
but only if the State and the head of the agency
determine that the agency collects information
sufficient to carry out the responsibilities of a
contributing agency under this section.
(3) Publication.--Not later than 180 days prior to the date
of each election for Federal office held in the State, the
chief State election official shall publish on the public
website of the official an updated list of all contributing
agencies in that State.
(4) Public education.--The chief State election official of
each State, in collaboration with each contributing agency,
shall take appropriate measures to educate the public about
voter registration under this section.
(f) Institutions of Higher Education.--
(1) In general.--Each covered institution of higher
education shall be treated as a contributing agency in the
State in which the institution is located with respect to in-
State students.
(2) Procedures.--
(A) In general.--Notwithstanding section 444 of the
General Education Provisions Act (20 U.S.C. 1232g;
commonly referred to as the 'Family Educational Rights
and Privacy Act of 1974'') or any other provision of
law, each covered institution of higher education shall
comply with the requirements of subsection (b) with
respect to each in-State student.
(B) Rules for compliance.--In complying with the
requirements described in subparagraph (A), the
institution--
(i) may use information provided in the
Free Application for Federal Student Aid
described in section 483 of the Higher
Education Act of 1965 (20 U.S.C. 1090) to
collect information described in paragraph (3)
of such subsection for purposes of transmitting
such information to the appropriate State
election official pursuant to such paragraph;
and
(ii) shall not be required to prevent or
delay students from enrolling in a course of
study or otherwise impede the completion of the
enrollment process; and (iii) shall not
withhold, delay, or impede the provision of
Federal financial aid provided under title IV
of the Higher Education Act of 1965.
(C) Clarification.--Nothing in this part may be
construed to require an institution of higher education
to request each student to affirm whether or not the
student is a United States citizen or otherwise collect
information with respect to citizenship.
(3) Definitions.--
(A) Covered institution of higher education.--In
this section, the term ``covered institution of higher
education'' means an institution of higher education
that--
(i) has a program participation agreement
in effect with the Secretary of Education under
section 487 of the Higher Education Act of 1965
(20 U.S.C. 1094);
(ii) in its normal course of operations,
requests each in-State student enrolling in the
institution to affirm whether or not the
student is a United States citizen; and
(iii) is located in a State to which
section 4(b)(1) of the National Voter
Registration Act of 1993 (52 U.S.C.
20503(b)(1)) does not apply.
(B) In-state student.--In this section, the term
``in-State student''--
(i) means a student enrolled in a covered
institution of higher education who, for
purposes related to in-State tuition, financial
aid eligibility, or other similar purposes,
resides in the State; and
(ii) includes a student described in clause
(i) who is enrolled in a program of distance
education, as defined in section 103 of the
Higher Education Act of 1965 (20 U.S.C. 1003).
SEC. 1014. ONE-TIME CONTRIBUTING AGENCY ASSISTANCE IN REGISTRATION OF
ELIGIBLE VOTERS IN EXISTING RECORDS.
(a) Initial Transmittal of Information.--For each individual
already listed in a contributing agency's records as of the date of
enactment of this Act, and for whom the agency has the information
listed in section 1013(b)(3), the agency shall promptly transmit that
information to the appropriate State election official in accordance
with section 1013(b)(3) not later than the effective date described in
section 1021(a).
(b) Transition.--For each individual listed in a contributing
agency's records as of the effective date described in section 1021(a)
(but who was not listed in a contributing agency's records as of the
date of enactment of this Act), and for whom the agency has the
information listed in section 1013(b)(3), the Agency shall promptly
transmit that information to the appropriate State election official in
accordance with section 1013(b)(3) not later than 6 months after the
effective date described in section 1021(a).
SEC. 1015. VOTER PROTECTION AND SECURITY IN AUTOMATIC REGISTRATION.
(a) Protections for Errors in Registration.--An individual shall
not be prosecuted under any Federal or State law, adversely affected in
any civil adjudication concerning immigration status or naturalization,
or subject to an allegation in any legal proceeding that the individual
is not a citizen of the United States on any of the following grounds:
(1) The individual notified an election office of the
individual's automatic registration to vote under this part.
(2) The individual is not eligible to vote in elections for
Federal office but was automatically registered to vote under
this part.
(3) The individual was automatically registered to vote
under this part at an incorrect address.
(4) The individual declined the opportunity to register to
vote or did not make an affirmation of citizenship, including
through automatic registration, under this part.
(b) Limits on Use of Automatic Registration.--The automatic
registration of any individual or the fact that an individual declined
the opportunity to register to vote or did not make an affirmation of
citizenship (including through automatic registration) under this part
may not be used as evidence against that individual in any State or
Federal law enforcement proceeding, and an individual's lack of
knowledge or willfulness of such registration may be demonstrated by
the individual's testimony alone.
(c) Protection of Election Integrity.--Nothing in subsections (a)
or (b) may be construed to prohibit or restrict any action under color
of law against an individual who--
(1) knowingly and willfully makes a false statement to
effectuate or perpetuate automatic voter registration by any
individual; or
(2) casts a ballot knowingly and willfully in violation of
State law or the laws of the United States.
(d) Contributing Agencies' Protection of Information.--Nothing in
this part authorizes a contributing agency to collect, retain,
transmit, or publicly disclose any of the following:
(1) An individual's decision to decline to register to vote
or not to register to vote.
(2) An individual's decision not to affirm his or her
citizenship.
(3) Any information that a contributing agency transmits
pursuant to section 1013(b)(3), except in pursuing the agency's
ordinary course of business.
(e) Election Officials' Protection of Information.--
(1) Public disclosure prohibited.--
(A) In general.--Subject to subparagraph (B), with
respect to any individual for whom any State election
official receives information from a contributing
agency, the State election officials shall not publicly
disclose any of the following:
(i) The identity of the contributing
agency.
(ii) Any information not necessary to voter
registration.
(iii) Any voter information otherwise
shielded from disclosure under State law or
section 8(a) of the National Voter Registration
Act of 1993 (52 U.S.C. 20507(a)).
(iv) Any portion of the individual's social
security number.
(v) Any portion of the individual's motor
vehicle driver's license number.
(vi) The individual's signature.
(vii) The individual's telephone number.
(viii) The individual's email address.
(B) Special rule for individuals registered to
vote.--With respect to any individual for whom any
State election official receives information from a
contributing agency and who, on the basis of such
information, is registered to vote in the State under
this part, the State election officials shall not
publicly disclose any of the following:
(i) The identity of the contributing
agency.
(ii) Any information not necessary to voter
registration.
(iii) Any voter information otherwise
shielded from disclosure under State law or
section 8(a) of the National Voter Registration
Act of 1993 (52 U.S.C. 20507(a)).
(iv) Any portion of the individual's social
security number.
(v) Any portion of the individual's motor
vehicle driver's license number.
(vi) The individual's signature.
(2) Voter record changes.--Each State shall maintain for at
least 2 years and shall make available for public inspection
(and, where available, photocopying at a reasonable cost),
including in electronic form and through electronic methods,
all records of changes to voter records, including removals,
the reasons for removals, and updates.
(3) Database management standards.--The Director of the
National Institute of Standards and Technology shall, after
providing the public with notice and the opportunity to
comment--
(A) establish standards governing the comparison of
data for voter registration list maintenance purposes,
identifying as part of such standards the specific data
elements, the matching rules used, and how a State may
use the data to determine and deem that an individual
is ineligible under State law to vote in an election,
or to deem a record to be a duplicate or outdated;
(B) ensure that the standards developed pursuant to
this paragraph are uniform and nondiscriminatory and
are applied in a uniform and nondiscriminatory manner;
and
(C) not later than 45 days after the deadline for
public notice and comment, publish the standards
developed pursuant to this paragraph on the Director's
website and make those standards available in written
form upon request.
(4) Security policy.--The Director of the National
Institute of Standards and Technology shall, after providing
the public with notice and the opportunity to comment, publish
privacy and security standards for voter registration
information not later than 45 days after the deadline for
public notice and comment. The standards shall require the
chief State election official of each State to adopt a policy
that shall specify--
(A) each class of users who shall have authorized
access to the computerized statewide voter registration
list, specifying for each class the permission and
levels of access to be granted, and setting forth other
safeguards to protect the privacy, security, and
accuracy of the information on the list; and
(B) security safeguards to protect personal
information transmitted through the information
transmittal processes of section 1013 or section 1014,
the online system used pursuant to section 1017, any
telephone interface, the maintenance of the voter
registration database, and any audit procedure to track
access to the system.
(5) State compliance with national standards.--
(A) Certification.--The chief executive officer of
the State shall annually file with the Election
Assistance Commission a statement certifying to the
Director of the National Institute of Standards and
Technology that the State is in compliance with the
standards referred to in paragraphs (3) and (4). A
State may meet the requirement of the previous sentence
by filing with the Commission a statement which reads
as follows: ``_____ hereby certifies that it is in
compliance with the standards referred to in paragraphs
(3) and (4) of section 1015(e) of the Automatic Voter
Registration Act of 2021.'' (with the blank to be
filled in with the name of the State involved).
(B) Publication of policies and procedures.--The
chief State election official of a State shall publish
on the official's website the policies and procedures
established under this section, and shall make those
policies and procedures available in written form upon
public request.
(C) Funding dependent on certification.--If a State
does not timely file the certification required under
this paragraph, it shall not receive any payment under
this part for the upcoming fiscal year.
(D) Compliance of states that require changes to
state law.--In the case of a State that requires State
legislation to carry out an activity covered by any
certification submitted under this paragraph, for a
period of not more than 2 years the State shall be
permitted to make the certification notwithstanding
that the legislation has not been enacted at the time
the certification is submitted, and such State shall
submit an additional certification once such
legislation is enacted.
(f) Restrictions on Use of Information.--No person acting under
color of law may discriminate against any individual based on, or use
for any purpose other than voter registration, election administration,
or enforcement relating to election crimes, any of the following:
(1) Voter registration records.
(2) An individual's declination to register to vote or
complete an affirmation of citizenship under section 1013(b).
(3) An individual's voter registration status.
(g) Prohibition on the Use of Voter Registration Information for
Commercial Purposes.--Information collected under this part shall not
be used for commercial purposes. Nothing in this subsection may be
construed to prohibit the transmission, exchange, or dissemination of
information for political purposes, including the support of campaigns
for election for Federal, State, or local public office or the
activities of political committees (including committees of political
parties) under the Federal Election Campaign Act of 1971.
SEC. 1016. REGISTRATION PORTABILITY AND CORRECTION.
(a) Correcting Registration Information at Polling Place.--
Notwithstanding section 302(a) of the Help America Vote Act of 2002 (52
U.S.C. 21082(a)), if an individual is registered to vote in elections
for Federal office held in a State, the appropriate election official
at the polling place for any such election (including a location used
as a polling place on a date other than the date of the election) shall
permit the individual to--
(1) update the individual's address for purposes of the
records of the election official;
(2) correct any incorrect information relating to the
individual, including the individual's name and political party
affiliation, in the records of the election official; and
(3) cast a ballot in the election on the basis of the
updated address or corrected information, and to have the
ballot treated as a regular ballot and not as a provisional
ballot under section 302(a) of such Act.
(b) Updates to Computerized Statewide Voter Registration Lists.--If
an election official at the polling place receives an updated address
or corrected information from an individual under subsection (a), the
official shall ensure that the address or information is promptly
entered into the computerized statewide voter registration list in
accordance with section 303(a)(1)(A)(vi) of the Help America Vote Act
of 2002 (52 U.S.C. 21083(a)(1)(A)(vi)).
SEC. 1017. PAYMENTS AND GRANTS.
(a) In General.--The Election Assistance Commission shall make
grants to each eligible State to assist the State in implementing the
requirements of this part (or, in the case of an exempt State, in
implementing its existing automatic voter registration program).
(b) Eligibility; Application.--A State is eligible to receive a
grant under this section if the State submits to the Commission, at
such time and in such form as the Commission may require, an
application containing--
(1) a description of the activities the State will carry
out with the grant;
(2) an assurance that the State shall carry out such
activities without partisan bias and without promoting any
particular point of view regarding any issue; and
(3) such other information and assurances as the Commission
may require.
(c) Amount of Grant; Priorities.--The Commission shall determine
the amount of a grant made to an eligible State under this section. In
determining the amounts of the grants, the Commission shall give
priority to providing funds for those activities which are most likely
to accelerate compliance with the requirements of this part (or, in the
case of an exempt State, which are most likely to enhance the ability
of the State to automatically register individuals to vote through its
existing automatic voter registration program), including--
(1) investments supporting electronic information transfer,
including electronic collection and transfer of signatures,
between contributing agencies and the appropriate State
election officials;
(2) updates to online or electronic voter registration
systems already operating as of the date of the enactment of
this Act;
(3) introduction of online voter registration systems in
jurisdictions in which those systems did not previously exist;
and
(4) public education on the availability of new methods of
registering to vote, updating registration, and correcting
registration.
(d) Authorization of Appropriations.--
(1) Authorization.--There are authorized to be appropriated
to carry out this section--
(A) $500,000,000 for fiscal year 2021; and
(B) such sums as may be necessary for each
succeeding fiscal year.
(2) Continuing availability of funds.--Any amounts
appropriated pursuant to the authority of this subsection shall
remain available without fiscal year limitation until expended.
SEC. 1018. TREATMENT OF EXEMPT STATES.
(a) Waiver of Requirements.--Except as provided in subsection (b),
this part does not apply with respect to an exempt State.
(b) Exceptions.--The following provisions of this part apply with
respect to an exempt State:
(1) section 1016 (relating to registration portability and
correction).
(2) section 1017 (relating to payments and grants).
(3) Section 1019(e) (relating to enforcement).
(4) Section 1019(f) (relating to relation to other laws).
SEC. 1019. MISCELLANEOUS PROVISIONS.
(a) Accessibility of Registration Services.--Each contributing
agency shall ensure that the services it provides under this part are
made available to individuals with disabilities to the same extent as
services are made available to all other individuals.
(b) Transmission Through Secure Third Party Permitted.--Nothing in
this part shall be construed to prevent a contributing agency from
contracting with a third party to assist the agency in meeting the
information transmittal requirements of this part, so long as the data
transmittal complies with the applicable requirements of this part,
including the privacy and security provisions of section 1015.
(c) Nonpartisan, Nondiscriminatory Provision of Services.--The
services made available by contributing agencies under this part and by
the State under sections 1015 and 1016 shall be made in a manner
consistent with paragraphs (4), (5), and (6)(C) of section 7(a) of the
National Voter Registration Act of 1993 (52 U.S.C. 20506(a)).
(d) Notices.--Each State may send notices under this part via
electronic mail if the individual has provided an electronic mail
address and consented to electronic mail communications for election-
related materials. All notices sent pursuant to this part that require
a response must offer the individual notified the opportunity to
respond at no cost to the individual.
(e) Enforcement.--Section 11 of the National Voter Registration Act
of 1993 (52 U.S.C. 20510), relating to civil enforcement and the
availability of private rights of action, shall apply with respect to
this part in the same manner as such section applies to such Act.
(f) Relation to Other Laws.--Except as provided, nothing in this
part may be construed to authorize or require conduct prohibited under,
or to supersede, restrict, or limit the application of any of the
following:
(1) The Voting Rights Act of 1965 (52 U.S.C. 10301 et
seq.).
(2) The Uniformed and Overseas Citizens Absentee Voting Act
(52 U.S.C. 20301 et seq.).
(3) The National Voter Registration Act of 1993 (52 U.S.C.
20501 et seq.).
(4) The Help America Vote Act of 2002 (52 U.S.C. 20901 et
seq.).
SEC. 1020. DEFINITIONS.
In this part, the following definitions apply:
(1) The term ``chief State election official'' means, with
respect to a State, the individual designated by the State
under section 10 of the National Voter Registration Act of 1993
(52 U.S.C. 20509) to be responsible for coordination of the
State's responsibilities under such Act.
(2) The term ``Commission'' means the Election Assistance
Commission.
(3) The term ``exempt State'' means a State which, under
law which is in effect continuously on and after the date of
the enactment of this Act, operates an automatic voter
registration program under which an individual is automatically
registered to vote in elections for Federal office in the State
if the individual provides the motor vehicle authority of the
State (or, in the case of a State in which an individual is
automatically registered to vote at the time the individual
applies for benefits or services with a Permanent Dividend Fund
of the State, provides the appropriate official of such Fund)
with such identifying information as the State may require.
(4) The term ``State'' means each of the several States,
the District of Columbia, the Commonwealth of Puerto Rico, the
United States Virgin Islands, Guam, American Samoa, and the
Commonwealth of the Northern Mariana Islands.
SEC. 1021. EFFECTIVE DATE.
(a) In General.--Except as provided in subsection (b), this part
and the amendments made by this part shall apply with respect to a
State beginning January 1, 2023.
(b) Waiver.--Subject to the approval of the Commission, if a State
certifies to the Commission that the State will not meet the deadline
referred to in subsection (a) because of extraordinary circumstances
and includes in the certification the reasons for the failure to meet
the deadline, subsection (a) shall apply to the State as if the
reference in such subsection to ``January 1, 2023'' were a reference to
``January 1, 2025''.
PART 3--SAME DAY VOTER REGISTRATION
SEC. 1031. SAME DAY REGISTRATION.
(a) In General.--Title III of the Help America Vote Act of 2002 (52
U.S.C. 21081 et seq.) is amended--
(1) by redesignating sections 304 and 305 as sections 305
and 306; and
(2) by inserting after section 303 the following new
section:
``SEC. 304. SAME DAY REGISTRATION.
``(a) In General.--
``(1) Registration.--Each State shall permit any eligible
individual on the day of a Federal election and on any day when
voting, including early voting, is permitted for a Federal
election--
``(A) to register to vote in such election at the
polling place using a form that meets the requirements
under section 9(b) of the National Voter Registration
Act of 1993 (or, if the individual is already
registered to vote, to revise any of the individual's
voter registration information); and
``(B) to cast a vote in such election.
``(2) Exception.--The requirements under paragraph (1)
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 section, there is no voter registration requirement for
individuals in the State with respect to elections for Federal
office.
``(b) Eligible Individual.--For purposes of this section, the term
`eligible individual' means, with respect to any election for Federal
office, an individual who is otherwise qualified to vote in that
election.
``(c) Ensuring Availability of Forms.--The State shall ensure that
each polling place has copies of any forms an individual may be
required to complete in order to register to vote or revise the
individual's voter registration information under this section.
``(d) Effective Date.--Each State shall be required to comply with
the requirements of subsection (a) for the regularly scheduled general
election for Federal office occurring in November 2022 and for any
subsequent election for Federal office.''.
(b) Conforming Amendment Relating to Enforcement.--Section 401 of
such Act (52 U.S.C. 21111) is amended by striking ``sections 301, 302,
and 303'' and inserting ``subtitle A of title III''.
(c) Clerical Amendment.--The table of contents of such Act is
amended--
(1) by redesignating the items relating to sections 304 and
305 as relating to sections 305 and 306; and
(2) by inserting after the item relating to section 303 the
following new item:
``Sec. 304. Same day registration.''.
PART 4--CONDITIONS ON REMOVAL ON BASIS OF INTERSTATE CROSS-CHECKS
SEC. 1041. CONDITIONS ON REMOVAL OF REGISTRANTS FROM OFFICIAL LIST OF
ELIGIBLE VOTERS ON BASIS OF INTERSTATE CROSS-CHECKS.
(a) Minimum Information Required for Removal Under Cross-Check.--
Section 8(c)(2) of the National Voter Registration Act of 1993 (52
U.S.C. 20507(c))(2)) is amended--
(1) by redesignating subparagraph (B) as subparagraph (D);
and
(2) by inserting after subparagraph (A) the following new
subparagraphs:
``(B) To the extent that the program carried out by a State under
subparagraph (A) to systematically remove the names of ineligible
voters from the official lists of eligible voters uses information
obtained in an interstate cross-check, in addition to any other
conditions imposed under this Act on the authority of the State to
remove the name of the voter from such a list, the State may not remove
the name of the voter from such a list unless--
``(i) the State obtained the voter's full name (including
the voter's middle name, if any) and date of birth, and the
last 4 digits of the voter's social security number, in the
interstate cross-check; or
``(ii) the State obtained documentation from the ERIC
system that the voter is no longer a resident of the State.
``(C) In this paragraph--
``(i) the term `interstate cross-check' means the
transmission of information from an election official in one
State to an election official of another State; and
``(ii) the term `ERIC system' means the system operated by
the Electronic Registration Information Center to share voter
registration information and voter identification information
among participating States.''.
(b) Requiring Completion of Cross-Checks Not Later Than 6 Months
Prior to Election.--Subparagraph (A) of section 8(c)(2) of such Act (52
U.S.C. 20507(c)(2)) is amended by striking ``not later than 90 days''
and inserting the following: ``not later than 90 days (or, in the case
of a program in which the State uses interstate cross-checks, not later
than 6 months)''.
(c) Conforming Amendment.--Subparagraph (D) of section 8(c)(2) of
such Act (52 U.S.C. 20507(c)(2)), as redesignated by subsection (a)(1),
is amended by striking ``Subparagraph (A)'' and inserting ``This
paragraph''.
(d) Effective Date.--The amendments made by this Act shall apply
with respect to elections held on or after the expiration of the 6-
month period which begins on the date of the enactment of this Act.
PART 5--OTHER INITIATIVES TO PROMOTE VOTER REGISTRATION
SEC. 1051. ANNUAL REPORTS ON VOTER REGISTRATION STATISTICS.
(a) Annual Report.--Not later than 90 days after the end of each
year, each State shall submit to the Election Assistance Commission and
Congress a report containing the following categories of information
for the year:
(1) The number of individuals who were registered under
part 2.
(2) The number of voter registration application forms
completed by individuals that were transmitted by motor vehicle
authorities in the State (pursuant to section 5(d) of the
National Voter Registration Act of 1993) and voter registration
agencies in the State (as designated under section 7 of such
Act) to the chief State election official of the State, broken
down by each such authority and agency.
(3) The number of such individuals whose voter registration
application forms were accepted and who were registered to vote
in the State and the number of such individuals whose forms
were rejected and who were not registered to vote in the State,
broken down by each such authority and agency.
(4) The number of change of address forms and other forms
of information indicating that an individual's identifying
information has been changed that were transmitted by such
motor vehicle authorities and voter registration agencies to
the chief State election official of the State, broken down by
each such authority and agency and the type of form
transmitted.
(5) The number of individuals on the statewide computerized
voter registration list (as established and maintained under
section 303 of the Help America Vote Act of 2002) whose voter
registration information was revised by the chief State
election official as a result of the forms transmitted to the
official by such motor vehicle authorities and voter
registration agencies (as described in paragraph (3)), broken
down by each such authority and agency and the type of form
transmitted.
(6) The number of individuals who requested the chief State
election official to revise voter registration information on
such list, and the number of individuals whose information was
revised as a result of such a request.
(7) The number of individuals who were purged from the
official voter registration list or moved to inactive status,
broken down by the reason for those actions, including the
method used for identifying those voters.
(b) Breakdown of Information.--In preparing the report under this
section, the State shall, for each category of information described in
subsection (a), include a breakdown by race, ethnicity, age, and gender
of the individuals whose information is included in the category, to
the extent that information on the race, ethnicity, age, and gender of
such individuals is available to the State.
(c) Confidentiality of Information.--In preparing and submitting a
report under this section, the chief State election official shall
ensure that no information regarding the identification of any
individual is revealed.
(d) State Defined.--In this section, a ``State'' includes the
District of Columbia, the Commonwealth of Puerto Rico, the United
States Virgin Islands, Guam, American Samoa, and the Commonwealth of
the Northern Mariana Islands, but does not include any 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
individuals in the State with respect to elections for Federal office.
SEC. 1052. ENSURING PRE-ELECTION REGISTRATION DEADLINES ARE CONSISTENT
WITH TIMING OF LEGAL PUBLIC HOLIDAYS.
(a) In General.--Section 8(a)(1) of the National Voter Registration
Act of 1993 (52 U.S.C. 20507(a)(1)) is amended by striking ``30 days''
each place it appears and inserting ``28 days''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to elections held in 2022 or any succeeding year.
SEC. 1053. USE OF POSTAL SERVICE HARD COPY CHANGE OF ADDRESS FORM TO
REMIND INDIVIDUALS TO UPDATE VOTER REGISTRATION.
(a) In General.--Not later than 1 year after the date of the
enactment of this Act, the Postmaster General shall modify any hard
copy change of address form used by the United States Postal Service so
that such form contains a reminder that any individual using such form
should update the individual's voter registration as a result of any
change in address.
(b) Application.--The requirement in subsection (a) shall not apply
to any electronic version of a change of address form used by the
United States Postal Service.
SEC. 1054. GRANTS TO STATES FOR ACTIVITIES TO ENCOURAGE INVOLVEMENT OF
MINORS IN ELECTION ACTIVITIES.
(a) Grants.--
(1) In general.--The Election Assistance Commission
(hereafter in this section referred to as the ``Commission'')
shall make grants to eligible States to enable such States to
carry out a plan to increase the involvement of individuals
under 18 years of age in public election activities in the
State.
(2) Contents of plans.--A State's plan under this
subsection shall include--
(A) methods to promote the use of the pre-
registration process implemented under section 8A of
the National Voter Registration Act of 1993 (as added
by section 2(a));
(B) modifications to the curriculum of secondary
schools in the State to promote civic engagement; and
(C) such other activities to encourage the
involvement of young people in the electoral process as
the State considers appropriate.
(b) Eligibility.--A State is eligible to receive a grant under this
section if the State submits to the Commission, at such time and in
such form as the Commission may require, an application containing--
(1) a description of the State's plan under subsection (a);
(2) a description of the performance measures and targets
the State will use to determine its success in carrying out the
plan; and
(3) such other information and assurances as the Commission
may require.
(c) Period of Grant; Report.--
(1) Period of grant.--A State receiving a grant under this
section shall use the funds provided by the grant over a 2-year
period agreed to between the State and the Commission.
(2) Report.--Not later than 6 months after the end of the
2-year period agreed to under paragraph (1), the State shall
submit to the Commission a report on the activities the State
carried out with the funds provided by the grant, and shall
include in the report an analysis of the extent to which the
State met the performance measures and targets included in its
application under subsection (b)(2).
(d) State Defined.--In this section, the term ``State'' means each
of the several States and the District of Columbia.
(e) Authorization of Appropriations.--There are authorized to be
appropriated for grants under this section $25,000,000, to remain
available until expended.
SEC. 1055. PERMISSION TO PLACE EXHIBITS.
The Secretary of Homeland Security shall implement procedures to
allow the chief election officer of a State to provide information
about voter registration, including through a display or exhibit, after
the conclusion of an administrative naturalization ceremony in that
State.
SEC. 1056. REQUIRING STATES TO ESTABLISH AND OPERATE VOTER PRIVACY
PROGRAMS.
(a) In General.--Each State shall establish and operate a privacy
program to enable victims of domestic violence, dating violence,
stalking, sexual assault, and trafficking to have personally
identifiable information that the State or local election officials
maintain with respect to an individual voter registration status for
purposes of elections for Federal office in the State, including
addresses, be kept confidential.
(b) Notice.--Each State shall notify residents of that State of the
information that State and local election officials maintain with
respect to an individual voter registration status for purposes of
elections for Federal office in the State, how that information is
shared or sold and with whom, what information is automatically kept
confidential, what information is needed to access voter information
online, and the privacy programs that are available.
(c) Public Availability.--Each State shall make information about
the program established under subsection (a) available on a publicly
accessible website.
(d) Definitions.--In this section:
(1) The terms ``domestic violence'', ``stalking'', ``sexual
assault'', and ``dating violence'' have the meanings given such
terms in section 40002 of the Violence Against Women Act of
1994 (34 U.S.C. 12291).
(2) The term ``trafficking'' means an act or practice
described in paragraph (11) or (12) of section 103 of the
Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102).
SEC. 1057. INCLUSION OF VOTER REGISTRATION INFORMATION WITH CERTAIN
LEASES AND VOUCHERS FOR FEDERALLY ASSISTED RENTAL HOUSING
AND MORTGAGE APPLICATIONS.
(a) Development of Uniform Statement.--The Director of the Bureau
of Consumer Financial Protection, in coordination with the Election
Assistance Commission, shall develop a uniform statement designed to
provide recipients of such statement pursuant to this section of how
they can register to vote and their voting rights under law.
(b) Leases and Vouchers for Federally Assisted Rental Housing.--The
Secretary of Housing and Urban Development shall require--
(1) each public housing agency to provide a copy of the
uniform statement developed pursuant to subsection (a) to each
lessee of a dwelling unit in public housing administered by
such agency--
(A) together with the lease for such a dwelling
unit, at the same time such lease is provided to the
lessee; and
(B) together with any income verification form, at
the same time such form is provided to the lessee;
(2) each public housing agency that administers rental
assistance under the Housing Choice Voucher program under
section 8(o) of the United States Housing Act of 1937 (42
U.S.C. 1437f(o)), including the program under paragraph (13) of
such section 8(o), to provide a copy of the uniform statement
developed pursuant to subsection (a) to each assisted family or
individual--
(A) together with the voucher for such assistance,
at the time such voucher is issued for such family or
individual; and
(B) together with any income verification form, at
the same time such form is provided to the applicant or
assisted family or individual; and
(3) each owner of a dwelling unit assisted with Federal
project-based rental assistance to provide a copy of the
uniform statement developed pursuant to subsection (a) to
provide to the lessee of such dwelling unit--
(A) together with the lease for such dwelling unit,
at the same time such form is provided to the lessee;
and
(B) together with any income verification form, at
the same time such form is provided to the applicant or
tenant;
except that the Secretary of Agriculture shall administer the
requirement under this paragraph with respect to Federal
project-based rental assistance specified in subsection
(e)(1)(D).
(c) Applications for Residential Mortgage Loans.--The Director of
the Bureau of Consumer Financial Protection shall require each creditor
that receives an application (within the meaning of such term as used
in the Equal Credit Opportunity Act (15 U.S.C. 1691)) for a residential
mortgage loan to provide a copy of the uniform statement developed
pursuant to subsection (a) in written form to the applicant for such
residential mortgage loan, within 5 business days of the date of
application.
(d) Optional Completion of Application.--Nothing in this section
may be construed to require any individual to complete an application
for voter registration.
(e) Definitions.--As used in this section:
(1) Federal project-based rental assistance.--The term
``Federal project-based rental assistance'' means project-based
rental assistance provided under--
(A) section 8 of the United States Housing Act of
1937 (42 U.S.C. 1437f);
(B) section 202 of the Housing Act of 1959 (12
U.S.C. 1701q);
(C) section 811 of the Cranston-Gonzalez National
Affordable Housing Act (42 U.S.C. 8013);
(D) title V of the Housing Act of 1949 (42 U.S.C.
1471 et seq.), including voucher assistance under
section 542 of such title (42 U.S.C. 1490r);
(E) subtitle D of title VIII of the Cranston-
Gonzalez National Affordable Housing Act (42 U.S.C.
12901 et seq.);
(F) title II of the Cranston-Gonzalez National
Affordable Housing Act (42 U.S.C. 12721 et seq.);
(G) the Housing Trust Fund program under section
1338 of the federal Housing Enterprises Financial
Safety and Soundness Act of 1992 (12 U.S.C. 4588); or
(H) subtitle C of title IV of the McKinney-Vento
Homeless Assistance Act (42 U.S.C. 11381 et seq.).
(2) Owner.--The term ``owner'' has the meaning given such
term in section 8(f) of the United States Housing Act of 1937
(42 U.S.C. 1437f(f)).
(3) Public housing; public housing agency.--The terms
``public housing'' and ``public housing agency'' have the
meanings given such terms in section 3(b) of the United States
Housing Act of 1937 (42 U.S.C. 1437a(b)).
(4) Residential mortgage loan.--The term ``residential
mortgage loan'' includes any loan which is secured by a first
or subordinate lien on residential real property (including
individual units of condominiums and cooperatives) designed
principally for the occupancy of from 1- to 4- families.
(f) Regulations.--The Secretary of Housing and Urban Development,
the Secretary of Agriculture, and the Director of the Consumer
Financial Protection Bureau may issue such regulations as may be
necessary to carry out this section.
PART 6--AVAILABILITY OF HAVA REQUIREMENTS PAYMENTS
SEC. 1061. AVAILABILITY OF REQUIREMENTS PAYMENTS UNDER HAVA TO COVER
COSTS OF COMPLIANCE WITH NEW REQUIREMENTS.
(a) In General.--Section 251(b) of the Help America Vote Act of
2002 (52 U.S.C. 21001(b)) is amended--
(1) in paragraph (1), by striking ``as provided in
paragraphs (2) and (3)'' and inserting ``as otherwise provided
in this subsection''; and
(2) by adding at the end the following new paragraph:
``(4) Certain voter registration activities.--A State may
use a requirements payment to carry out any of the requirements
of the Voter Registration Modernization Act of 2021, including
the requirements of the National Voter Registration Act of 1993
which are imposed pursuant to the amendments made to such Act
by the Voter Registration Modernization Act of 2021.''.
(b) Conforming Amendment.--Section 254(a)(1) of such Act (52 U.S.C.
21004(a)(1)) is amended by striking ``section 251(a)(2)'' and inserting
``section 251(b)(2)''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to fiscal year 2022 and each succeeding fiscal year.
PART 7--PROHIBITING INTERFERENCE WITH VOTER REGISTRATION
SEC. 1071. PROHIBITING HINDERING, INTERFERING WITH, OR PREVENTING VOTER
REGISTRATION.
(a) In General.--Chapter 29 of title 18, United States Code is
amended by adding at the end the following new section:
``Sec. 612. Hindering, interfering with, or preventing registering to
vote
``(a) Prohibition.--It shall be unlawful for any person, whether
acting under color of law or otherwise, to corruptly hinder, interfere
with, or prevent another person from registering to vote or to
corruptly hinder, interfere with, or prevent another person from aiding
another person in registering to vote.
``(b) Attempt.--Any person who attempts to commit any offense
described in subsection (a) shall be subject to the same penalties as
those prescribed for the offense that the person attempted to commit.
``(c) Penalty.--Any person who violates subsection (a) shall be
fined under this title, imprisoned not more than 5 years, or both.''.
(b) Clerical Amendment.--The table of sections for chapter 29 of
title 18, United States Code is amended by adding at the end the
following new item:
``612. Hindering, interfering with, or preventing registering to
vote.''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to elections held on or after the date of the
enactment of this Act, except that no person may be found to have
violated section 612 of title 18, United States Code (as added by
subsection (a)), on the basis of any act occurring prior to the date of
the enactment of this Act.
SEC. 1072. ESTABLISHMENT OF BEST PRACTICES.
(a) Best Practices.--Not later than 180 days after the date of the
enactment of this Act, the Election Assistance Commission shall develop
and publish recommendations for best practices for States to use to
deter and prevent violations of section 612 of title 18, United States
Code (as added by section 1071), and section 12 of the National Voter
Registration Act of 1993 (52 U.S.C. 20511) (relating to the unlawful
interference with registering to vote, or voting, or attempting to
register to vote or vote), including practices to provide for the
posting of relevant information at polling places and voter
registration agencies under such Act, the training of poll workers and
election officials, and relevant educational materials. For purposes of
this subsection, the term ``State'' includes the District of Columbia,
the Commonwealth of Puerto Rico, Guam, American Samoa, the United
States Virgin Islands, and the Commonwealth of the Northern Mariana
Islands.
(b) Inclusion in Voter Information Requirements.--Section 302(b)(2)
of the Help America Vote Act of 2002 (52 U.S.C. 21082(b)(2)) is
amended--
(1) by striking ``and'' at the end of subparagraph (E);
(2) by striking the period at the end of subparagraph (F)
and inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(G) information relating to the prohibitions of
section 612 of title 18, United States Code, and
section 12 of the National Voter Registration Act of
1993 (52 U.S.C. 20511) (relating to the unlawful
interference with registering to vote, or voting, or
attempting to register to vote or vote), including
information on how individuals may report allegations
of violations of such prohibitions.''.
PART 8--VOTER REGISTRATION EFFICIENCY ACT
SEC. 1081. SHORT TITLE.
This part may be cited as the ``Voter Registration Efficiency
Act''.
SEC. 1082. REQUIRING APPLICANTS FOR MOTOR VEHICLE DRIVER'S LICENSES IN
NEW STATE TO INDICATE WHETHER STATE SERVES AS RESIDENCE
FOR VOTER REGISTRATION PURPOSES.
(a) Requirements for Applicants for Licenses.--Section 5(d) of the
National Voter Registration Act of 1993 (52 U.S.C. 20504(d)) is
amended--
(1) by striking ``Any change'' and inserting ``(1) Any
change''; and
(2) by adding at the end the following new paragraph:
``(2)(A) A State motor vehicle authority shall require each
individual applying for a motor vehicle driver's license in the
State--
``(i) to indicate whether the individual
resides in another State or resided in another
State prior to applying for the license, and,
if so, to identify the State involved; and
``(ii) to indicate whether the individual
intends for the State to serve as the
individual's residence for purposes of
registering to vote in elections for Federal
office.
``(B) If pursuant to subparagraph (A)(ii) an
individual indicates to the State motor vehicle
authority that the individual intends for the State to
serve as the individual's residence for purposes of
registering to vote in elections for Federal office,
the authority shall notify the motor vehicle authority
of the State identified by the individual pursuant to
subparagraph (A)(i), who shall notify the chief State
election official of such State that the individual no
longer intends for that State to serve as the
individual's residence for purposes of registering to
vote in elections for Federal office.''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect with respect to elections occurring in 2021 or any
succeeding year.
PART 9--PROVIDING VOTER REGISTRATION INFORMATION TO SECONDARY SCHOOL
STUDENTS
SEC. 1091. PILOT PROGRAM FOR PROVIDING VOTER REGISTRATION INFORMATION
TO SECONDARY SCHOOL STUDENTS PRIOR TO GRADUATION.
(a) Pilot Program.--The Election Assistance Commission (hereafter
in this part referred to as the ``Commission'') shall carry out a pilot
program under which the Commission shall provide funds during the 1-
year period beginning after the date of the enactment of this part to
eligible local educational agencies for initiatives to provide
information on registering to vote in elections for public office to
secondary school students in the 12th grade.
(b) Eligibility.--A local educational agency is eligible to receive
funds under the pilot program under this part if the agency submits to
the Commission, at such time and in such form as the Commission may
require, an application containing--
(1) a description of the initiatives the agency intends to
carry out with the funds;
(2) a description of how the agency will prioritize access
to such initiatives for schools that serve--
(A) the highest numbers or percentages of students
counted under section 1124(c) of the Elementary and
Secondary Education Act of 1965 (20 U.S.C. 6333(c));
and
(B) the highest percentages of students who are
eligible for a free or reduced price lunch under the
Richard B. Russell National School Lunch Act (42 U.S.C.
1751 et seq.) (which, in the case of a high school, may
be calculated using comparable data from the schools
that feed into the high school), as compared to other
public schools in the jurisdiction of the agency;
(3) an estimate of the costs associated with such
initiatives; and
(4) such other information and assurances as the Commission
may require.
(c) Priority for Schools Receiving Title I Funds.--In selecting
among eligible local educational agencies for receiving funds under the
pilot program under this part, the Commission shall give priority to
local educational agencies that receive funds under part A of title I
of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311
et seq.).
(d) Consultation With Election Officials.--A local educational
agency receiving funds under the pilot program shall consult with the
State and local election officials who are responsible for
administering elections for public office in the area served by the
agency in developing the initiatives the agency will carry out with the
funds.
(e) Definitions.--In this part, the terms ``local educational
agency'' and ``secondary school'' have the meanings given such terms in
section 8101 of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7801).
SEC. 1092. REPORTS.
(a) Reports by Recipients of Funds.--Not later than the expiration
of the 90-day period which begins on the date of the receipt of the
funds, each local educational agency receiving funds under the pilot
program under this part shall submit a report to the Commission
describing the initiatives carried out with the funds and analyzing
their effectiveness.
(b) Report by Commission.--Not later than the expiration of the 60-
day period which begins on the date the Commission receives the final
report submitted by a local educational agency under subsection (a),
the Commission shall submit a report to Congress on the pilot program
under this part.
SEC. 1093. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated such sums as may be
necessary to carry out this part.
PART 10--VOTER REGISTRATION OF MINORS
SEC. 1094. ACCEPTANCE OF VOTER REGISTRATION APPLICATIONS FROM
INDIVIDUALS UNDER 18 YEARS OF AGE.
(a) Acceptance of Applications.--Section 8 of the National Voter
Registration Act of 1993 (52 U.S.C. 20507), as amended by section 1004,
is amended--
(1) by redesignating subsection (k) as subsection (l); and
(2) by inserting after subsection (j) the following new
subsection:
``(k) Acceptance of Applications From Individuals Under 18 Years of
Age.--
``(1) In general.--A State may not refuse to accept or
process an individual's application to register to vote in
elections for Federal office on the grounds that the individual
is under 18 years of age at the time the individual submits the
application, so long as the individual is at least 16 years of
age at such time.
``(2) No effect on state voting age requirements.--Nothing
in paragraph (1) may be construed to require a State to permit
an individual who is under 18 years of age at the time of an
election for Federal office to vote in the election.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to elections occurring on or after January 1, 2022.
Subtitle B--Access to Voting for Individuals With Disabilities
SEC. 1101. REQUIREMENTS FOR STATES TO PROMOTE ACCESS TO VOTER
REGISTRATION AND VOTING FOR INDIVIDUALS WITH
DISABILITIES.
(a) Requirements.--Subtitle A of title III of the Help America Vote
Act of 2002 (52 U.S.C. 21081 et seq.), as amended by section 1031(a),
is amended--
(1) by redesignating sections 305 and 306 as sections 306
and 307; and
(2) by inserting after section 304 the following new
section:
``SEC. 305. ACCESS TO VOTER REGISTRATION AND VOTING FOR INDIVIDUALS
WITH DISABILITIES.
``(a) Treatment of Applications and Ballots.--Each State shall--
``(1) permit individuals with disabilities to use absentee
registration procedures and to vote by absentee ballot in
elections for Federal office;
``(2) accept and process, with respect to any election for
Federal office, any otherwise valid voter registration
application and absentee ballot application from an individual
with a disability if the application is received by the
appropriate State election official within the deadline for the
election which is applicable under Federal law;
``(3) in addition to any other method of registering to
vote or applying for an absentee ballot in the State, establish
procedures--
``(A) for individuals with disabilities to request
by mail and electronically voter registration
applications and absentee ballot applications with
respect to elections for Federal office in accordance
with subsection (c);
``(B) for States to send by mail and electronically
(in accordance with the preferred method of
transmission designated by the individual under
subparagraph (C)) voter registration applications and
absentee ballot applications requested under
subparagraph (A) in accordance with subsection (c));
and
``(C) by which such an individual can designate
whether the individual prefers that such voter
registration application or absentee ballot application
be transmitted by mail or electronically;
``(4) in addition to any other method of transmitting blank
absentee ballots in the State, establish procedures for
transmitting by mail and electronically blank absentee ballots
to individuals with disabilities with respect to elections for
Federal office in accordance with subsection (d);
``(5) transmit a validly requested absentee ballot to an
individual with a disability--
``(A) except as provided in subsection (e), in the
case in which the request is received at least 45 days
before an election for Federal office, not later than
45 days before the election; and
``(B) in the case in which the request is received
less than 45 days before an election for Federal
office--
``(i) in accordance with State law; and
``(ii) if practicable and as determined
appropriate by the State, in a manner that
expedites the transmission of such absentee
ballot; and
``(6) if the State declares or otherwise holds a runoff
election for Federal office, establish a written plan that
provides absentee ballots are made available to individuals
with disabilities in a manner that gives them sufficient time
to vote in the runoff election.
``(b) Designation of Single State Office To Provide Information on
Registration and Absentee Ballot Procedures for All Disabled Voters in
State.--Each State shall designate a single office which shall be
responsible for providing information regarding voter registration
procedures and absentee ballot procedures to be used by individuals
with disabilities with respect to elections for Federal office to all
individuals with disabilities who wish to register to vote or vote in
any jurisdiction in the State.
``(c) Designation of Means of Electronic Communication for
Individuals With Disabilities To Request and for States To Send Voter
Registration Applications and Absentee Ballot Applications, and for
Other Purposes Related to Voting Information.--
``(1) In general.--Each State shall, in addition to the
designation of a single State office under subsection (b),
designate not less than 1 means of electronic communication--
``(A) for use by individuals with disabilities who
wish to register to vote or vote in any jurisdiction in
the State to request voter registration applications
and absentee ballot applications under subsection
(a)(3);
``(B) for use by States to send voter registration
applications and absentee ballot applications requested
under such subsection; and
``(C) for the purpose of providing related voting,
balloting, and election information to individuals with
disabilities.
``(2) Clarification regarding provision of multiple means
of electronic communication.--A State may, in addition to the
means of electronic communication so designated, provide
multiple means of electronic communication to individuals with
disabilities, including a means of electronic communication for
the appropriate jurisdiction of the State.
``(3) Inclusion of designated means of electronic
communication with informational and instructional materials
that accompany balloting materials.--Each State shall include a
means of electronic communication so designated with all
informational and instructional materials that accompany
balloting materials sent by the State to individuals with
disabilities.
``(4) Transmission if no preference indicated.--In the case
where an individual with a disability does not designate a
preference under subsection (a)(3)(C), the State shall transmit
the voter registration application or absentee ballot
application by any delivery method allowable in accordance with
applicable State law, or if there is no applicable State law,
by mail.
``(d) Transmission of Blank Absentee Ballots by Mail and
Electronically.--
``(1) In general.--Each State shall establish procedures--
``(A) to securely transmit blank absentee ballots
by mail and electronically (in accordance with the
preferred method of transmission designated by the
individual with a disability under subparagraph (B)) to
individuals with disabilities for an election for
Federal office; and
``(B) by which the individual with a disability can
designate whether the individual prefers that such
blank absentee ballot be transmitted by mail or
electronically.
``(2) Transmission if no preference indicated.--In the case
where an individual with a disability does not designate a
preference under paragraph (1)(B), the State shall transmit the
ballot by any delivery method allowable in accordance with
applicable State law, or if there is no applicable State law,
by mail.
``(3) Application of methods to track delivery to and
return of ballot by individual requesting ballot.--Under the
procedures established under paragraph (1), the State shall
apply such methods as the State considers appropriate, such as
assigning a unique identifier to the ballot, to ensure that if
an individual with a disability requests the State to transmit
a blank absentee ballot to the individual in accordance with
this subsection, the voted absentee ballot which is returned by
the individual is the same blank absentee ballot which the
State transmitted to the individual.
``(e) Hardship Exemption.--
``(1) In general.--If the chief State election official
determines that the State is unable to meet the requirement
under subsection (a)(5)(A) with respect to an election for
Federal office due to an undue hardship described in paragraph
(2)(B), the chief State election official shall request that
the Attorney General grant a waiver to the State of the
application of such subsection. Such request shall include--
``(A) a recognition that the purpose of such
subsection is to individuals with disabilities enough
time to vote in an election for Federal office;
``(B) an explanation of the hardship that indicates
why the State is unable to transmit such individuals an
absentee ballot in accordance with such subsection;
``(C) the number of days prior to the election for
Federal office that the State requires absentee ballots
be transmitted to such individuals; and
``(D) a comprehensive plan to ensure that such
individuals are able to receive absentee ballots which
they have requested and submit marked absentee ballots
to the appropriate State election official in time to
have that ballot counted in the election for Federal
office, which includes--
``(i) the steps the State will undertake to
ensure that such individuals have time to
receive, mark, and submit their ballots in time
to have those ballots counted in the election;
``(ii) why the plan provides such
individuals sufficient time to vote as a
substitute for the requirements under such
subsection; and
``(iii) the underlying factual information
which explains how the plan provides such
sufficient time to vote as a substitute for
such requirements.
``(2) Approval of waiver request.--The Attorney General
shall approve a waiver request under paragraph (1) if the
Attorney General determines each of the following requirements
are met:
``(A) The comprehensive plan under subparagraph (D)
of such paragraph provides individuals with
disabilities sufficient time to receive absentee
ballots they have requested and submit marked absentee
ballots to the appropriate State election official in
time to have that ballot counted in the election for
Federal office.
``(B) One or more of the following issues creates
an undue hardship for the State:
``(i) The State's primary election date
prohibits the State from complying with
subsection (a)(5)(A).
``(ii) The State has suffered a delay in
generating ballots due to a legal contest.
``(iii) The State Constitution prohibits
the State from complying with such subsection.
``(3) Timing of waiver.--
``(A) In general.--Except as provided under
subparagraph (B), a State that requests a waiver under
paragraph (1) shall submit to the Attorney General the
written waiver request not later than 90 days before
the election for Federal office with respect to which
the request is submitted. The Attorney General shall
approve or deny the waiver request not later than 65
days before such election.
``(B) Exception.--If a State requests a waiver
under paragraph (1) as the result of an undue hardship
described in paragraph (2)(B)(ii), the State shall
submit to the Attorney General the written waiver
request as soon as practicable. The Attorney General
shall approve or deny the waiver request not later than
5 business days after the date on which the request is
received.
``(4) Application of waiver.--A waiver approved under
paragraph (2) shall only apply with respect to the election for
Federal office for which the request was submitted. For each
subsequent election for Federal office, the Attorney General
shall only approve a waiver if the State has submitted a
request under paragraph (1) with respect to such election.
``(f) Rule of Construction.--Nothing in this section may be
construed to allow the marking or casting of ballots over the internet.
``(g) Individual With a Disability Defined.--In this section, an
`individual with a disability' means an individual with an impairment
that substantially limits any major life activities and who is
otherwise qualified to vote in elections for Federal office.
``(h) Effective Date.--This section shall apply with respect to
elections for Federal office held on or after January 1, 2022.''.
(b) Conforming Amendment Relating to Issuance of Voluntary Guidance
by Election Assistance Commission.--
(1) Timing of issuance.--Section 311(b) of such Act (52
U.S.C. 21101(b)) is amended--
(A) by striking ``and'' at the end of paragraph
(2);
(B) by striking the period at the end of paragraph
(3) and inserting ``; and''; and
(C) by adding at the end the following new
paragraph:
``(4) in the case of the recommendations with respect to
section 305, January 1, 2022.''.
(2) Redesignation.--Title III of such Act (52 U.S.C. 21081
et seq.) is amended by redesignating sections 311 and 312 as
sections 321 and 322.
(c) Clerical Amendments.--The table of contents of such Act, as
amended by section 1031(c)), is amended--
(1) by redesignating the items relating to sections 305 and
306 as relating to sections 306 and 307;
(2) by inserting after the item relating to section 304 the
following new item:
``Sec. 305. Access to voter registration and voting for individuals
with disabilities.'';
and
(3) by redesignating the items relating to sections 311 and
312 as relating to sections 321 and 322.
SEC. 1102. EXPANSION AND REAUTHORIZATION OF GRANT PROGRAM TO ASSURE
VOTING ACCESS FOR INDIVIDUALS WITH DISABILITIES.
(a) Purposes of Payments.--Section 261(b) of the Help America Vote
Act of 2002 (52 U.S.C. 21021(b)) is amended by striking paragraphs (1)
and (2) and inserting the following:
``(1) making absentee voting and voting at home accessible
to individuals with the full range of disabilities (including
impairments involving vision, hearing, mobility, or dexterity)
through the implementation of accessible absentee voting
systems that work in conjunction with assistive technologies
for which individuals have access at their homes, independent
living centers, or other facilities;
``(2) making polling places, including the path of travel,
entrances, exits, and voting areas of each polling facility,
accessible to individuals with disabilities, including the
blind and visually impaired, in a manner that provides the same
opportunity for access and participation (including privacy and
independence) as for other voters; and
``(3) providing solutions to problems of access to voting
and elections for individuals with disabilities that are
universally designed and provide the same opportunities for
individuals with and without disabilities.''.
(b) Reauthorization.--Section 264(a) of such Act (52 U.S.C.
21024(a)) is amended by adding at the end the following new paragraph:
``(4) For fiscal year 2022 and each succeeding fiscal year,
such sums as may be necessary to carry out this part.''.
(c) Period of Availability of Funds.--Section 264 of such Act (52
U.S.C. 21024) is amended--
(1) in subsection (b), by striking ``Any amounts'' and
inserting ``Except as provided in subsection (b), any
amounts''; and
(2) by adding at the end the following new subsection:
``(c) Return and Transfer of Certain Funds.--
``(1) Deadline for obligation and expenditure.--In the case
of any amounts appropriated pursuant to the authority of
subsection (a) for a payment to a State or unit of local
government for fiscal year 2022 or any succeeding fiscal year,
any portion of such amounts which have not been obligated or
expended by the State or unit of local government prior to the
expiration of the 4-year period which begins on the date the
State or unit of local government first received the amounts
shall be transferred to the Commission.
``(2) Reallocation of transferred amounts.--
``(A) In general.--The Commission shall use the
amounts transferred under paragraph (1) to make
payments on a pro rata basis to each covered payment
recipient described in subparagraph (B), which may
obligate and expend such payment for the purposes
described in section 261(b) during the 1-year period
which begins on the date of receipt.
``(B) Covered payment recipients described.--In
subparagraph (A), a `covered payment recipient' is a
State or unit of local government with respect to
which--
``(i) amounts were appropriated pursuant to
the authority of subsection (a); and
``(ii) no amounts were transferred to the
Commission under paragraph (1).''.
SEC. 1103. PILOT PROGRAMS FOR ENABLING INDIVIDUALS WITH DISABILITIES TO
REGISTER TO VOTE PRIVATELY AND INDEPENDENTLY AT
RESIDENCES.
(a) Establishment of Pilot Programs.--The Election Assistance
Commission (hereafter referred to as the ``Commission'') shall, subject
to the availability of appropriations to carry out this section, make
grants to eligible States to conduct pilot programs under which
individuals with disabilities may use electronic means (including the
internet and telephones utilizing assistive devices) to register to
vote and to request and receive absentee ballots in a manner which
permits such individuals to do so privately and independently at their
own residences.
(b) Reports.--
(1) In general.--A State receiving a grant for a year under
this section shall submit a report to the Commission on the
pilot programs the State carried out with the grant with
respect to elections for public office held in the State during
the year.
(2) Deadline.--A State shall submit a report under
paragraph (1) not later than 90 days after the last election
for public office held in the State during the year.
(c) Eligibility.--A State is eligible to receive a grant under this
section if the State submits to the Commission, at such time and in
such form as the Commission may require, an application containing such
information and assurances as the Commission may require.
(d) Timing.--The Commission shall make the first grants under this
section for pilot programs which will be in effect with respect to
elections for Federal office held in 2022, or, at the option of a
State, with respect to other elections for public office held in the
State in 2022.
(e) State Defined.--In this section, the term ``State'' includes
the District of Columbia, the Commonwealth of Puerto Rico, Guam,
American Samoa, the United States Virgin Islands, and the Commonwealth
of the Northern Mariana Islands.
SEC. 1104. GAO ANALYSIS AND REPORT ON VOTING ACCESS FOR INDIVIDUALS
WITH DISABILITIES.
(a) Analysis.--The Comptroller General of the United States shall
conduct an analysis after each regularly scheduled general election for
Federal office with respect to the following:
(1) In relation to polling places located in houses of
worship or other facilities that may be exempt from
accessibility requirements under the Americans with
Disabilities Act--
(A) efforts to overcome accessibility challenges
posed by such facilities; and
(B) the extent to which such facilities are used as
polling places in elections for Federal office.
(2) Assistance provided by the Election Assistance
Commission, Department of Justice, or other Federal agencies to
help State and local officials improve voting access for
individuals with disabilities during elections for Federal
office.
(3) When accessible voting machines are available at a
polling place, the extent to which such machines--
(A) are located in places that are difficult to
access;
(B) malfunction; or
(C) fail to provide sufficient privacy to ensure
that the ballot of the individual cannot be seen by
another individual.
(4) The process by which Federal, State, and local
governments track compliance with accessibility requirements
related to voting access, including methods to receive and
address complaints.
(5) The extent to which poll workers receive training on
how to assist individuals with disabilities, including the
receipt by such poll workers of information on legal
requirements related to voting rights for individuals with
disabilities.
(6) The extent and effectiveness of training provided to
poll workers on the operation of accessible voting machines.
(7) The extent to which individuals with a developmental or
psychiatric disability experience greater barriers to voting,
and whether poll worker training adequately addresses the needs
of such individuals.
(8) The extent to which State or local governments employ,
or attempt to employ, individuals with disabilities to work at
polling sites.
(b) Report.--
(1) In general.--Not later than 9 months after the date of
a regularly scheduled general election for Federal office, the
Comptroller General shall submit to the appropriate
congressional committees a report with respect to the most
recent regularly scheduled general election for Federal office
that contains the following:
(A) The analysis required by subsection (a).
(B) Recommendations, as appropriate, to promote the
use of best practices used by State and local officials
to address barriers to accessibility and privacy
concerns for individuals with disabilities in elections
for Federal office.
(2) Appropriate congressional committees.--For purposes of
this subsection, the term ``appropriate congressional
committees'' means--
(A) the Committee on House Administration of the
House of Representatives;
(B) the Committee on Rules and Administration of
the Senate;
(C) the Committee on Appropriations of the House of
Representatives; and
(D) the Committee on Appropriations of the Senate.
Subtitle C--Prohibiting Voter Caging
SEC. 1201. VOTER CAGING AND OTHER QUESTIONABLE CHALLENGES PROHIBITED.
(a) In General.--Chapter 29 of title 18, United States Code, as
amended by section 1071(a), is amended by adding at the end the
following:
``Sec. 613. Voter caging and other questionable challenges
``(a) Definitions.--In this section--
``(1) the term `voter caging document' means--
``(A) a nonforwardable document that is returned to
the sender or a third party as undelivered or
undeliverable despite an attempt to deliver such
document to the address of a registered voter or
applicant; or
``(B) any document with instructions to an
addressee that the document be returned to the sender
or a third party but is not so returned, despite an
attempt to deliver such document to the address of a
registered voter or applicant, unless at least two
Federal election cycles have passed since the date of
the attempted delivery;
``(2) the term `voter caging list' means a list of
individuals compiled from voter caging documents; and
``(3) the term `unverified match list' means a list
produced by matching the information of registered voters or
applicants for voter registration to a list of individuals who
are ineligible to vote in the registrar's jurisdiction, by
virtue of death, conviction, change of address, or otherwise;
unless one of the pieces of information matched includes a
signature, photograph, or unique identifying number ensuring
that the information from each source refers to the same
individual.
``(b) Prohibition Against Voter Caging.--No State or local election
official shall prevent an individual from registering or voting in any
election for Federal office, or permit in connection with any election
for Federal office a formal challenge under State law to an
individual's registration status or eligibility to vote, if the basis
for such decision is evidence consisting of--
``(1) a voter caging document or voter caging list;
``(2) an unverified match list;
``(3) an error or omission on any record or paper relating
to any application, registration, or other act requisite to
voting, if such error or omission is not material to an
individual's eligibility to vote under section 2004 of the
Revised Statutes, as amended (52 U.S.C. 10101(a)(2)(B)); or
``(4) any other evidence so designated for purposes of this
section by the Election Assistance Commission,
except that the election official may use such evidence if it is
corroborated by independent evidence of the individual's ineligibility
to register or vote.
``(c) Requirements for Challenges by Persons Other Than Election
Officials.--
``(1) Requirements for challenges.--No person, other than a
State or local election official, shall submit a formal
challenge to an individual's eligibility to register to vote in
an election for Federal office or to vote in an election for
Federal office unless that challenge is supported by personal
knowledge regarding the grounds for ineligibility which is--
``(A) documented in writing; and
``(B) subject to an oath or attestation under
penalty of perjury that the challenger has a good faith
factual basis to believe that the individual who is the
subject of the challenge is ineligible to register to
vote or vote in that election, except a challenge which
is based on the age, race, ethnicity, or national
origin of the individual who is the subject of the
challenge may not be considered to have a good faith
factual basis for purposes of this paragraph.
``(2) Prohibition on challenges on or near date of
election.--No person, other than a State or local election
official, shall be permitted--
``(A) to challenge an individual's eligibility to
vote in an election for Federal office on Election Day,
or
``(B) to challenge an individual's eligibility to
register to vote in an election for Federal office or
to vote in an election for Federal office less than 10
days before the election unless the individual
registered to vote less than 20 days before the
election.
``(d) Penalties for Knowing Misconduct.--Whoever knowingly
challenges the eligibility of one or more individuals to register or
vote or knowingly causes the eligibility of such individuals to be
challenged in violation of this section with the intent that one or
more eligible voters be disqualified, shall be fined under this title
or imprisoned not more than 1 year, or both, for each such violation.
Each violation shall be a separate offense.
``(e) No Effect on Related Laws.--Nothing in this section is
intended to override the protections of the National Voter Registration
Act of 1993 (52 U.S.C. 20501 et seq.) or to affect the Voting Rights
Act of 1965 (52 U.S.C. 10301 et seq.).''.
(b) Clerical Amendment.--The table of sections for chapter 29 of
title 18, United States Code, as amended by section 1071(b), is amended
by adding at the end the following:
``613. Voter caging and other questionable challenges.''.
SEC. 1202. DEVELOPMENT AND ADOPTION OF BEST PRACTICES FOR PREVENTING
VOTER CAGING.
(a) Best Practices.--Not later than 180 days after the date of the
enactment of this Act, the Election Assistance Commission shall develop
and publish for the use of States recommendations for best practices to
deter and prevent violations of section 613 of title 18, United States
Code, as added by section 1201(a), including practices to provide for
the posting of relevant information at polling places and voter
registration agencies, the training of poll workers and election
officials, and relevant educational measures. For purposes of this
subsection, the term ``State'' includes the District of Columbia, the
Commonwealth of Puerto Rico, Guam, American Samoa, the United States
Virgin Islands, and the Commonwealth of the Northern Mariana Islands.
(b) Inclusion in Voting Information Requirements.--Section
302(b)(2) of the Help America Vote Act of 2002 (52 U.S.C. 21082(b)(2)),
as amended by section 1072(b), is amended--
(1) by striking ``and'' at the end of subparagraph (F);
(2) by striking the period at the end of subparagraph (G)
and inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(H) information relating to the prohibition
against voter caging and other questionable challenges
(as set forth in section 613 of title 18, United States
Code), including information on how individuals may
report allegations of violations of such
prohibition.''.
Subtitle D--Prohibiting Deceptive Practices and Preventing Voter
Intimidation
SEC. 1301. SHORT TITLE.
This subtitle may be cited as the ``Deceptive Practices and Voter
Intimidation Prevention Act of 2021''.
SEC. 1302. PROHIBITION ON DECEPTIVE PRACTICES IN FEDERAL ELECTIONS.
(a) Prohibition.--Subsection (b) of section 2004 of the Revised
Statutes (52 U.S.C. 10101(b)) is amended--
(1) by striking ``No person'' and inserting the following:
``(1) In general.--No person''; and
(2) by inserting at the end the following new paragraphs:
``(2) False statements regarding federal elections.--
``(A) Prohibition.--No person, whether acting under
color of law or otherwise, shall, within 60 days before
an election described in paragraph (5), by any means,
including by means of written, electronic, or
telephonic communications, communicate or cause to be
communicated information described in subparagraph (B),
or produce information described in subparagraph (B)
with the intent that such information be communicated,
if such person--
``(i) knows such information to be
materially false; and
``(ii) has the intent to impede or prevent
another person from exercising the right to
vote in an election described in paragraph (5).
``(B) Information described.--Information is
described in this subparagraph if such information is
regarding--
``(i) the time, place, or manner of holding
any election described in paragraph (5); or
``(ii) the qualifications for or
restrictions on voter eligibility for any such
election, including--
``(I) any criminal, civil, or other
legal penalties associated with voting
in any such election; or
``(II) information regarding a
voter's registration status or
eligibility.
``(3) False statements regarding public endorsements.--
``(A) Prohibition.--No person, whether acting under
color of law or otherwise, shall, within 60 days before
an election described in paragraph (5), by any means,
including by means of written, electronic, or
telephonic communications, communicate, or cause to be
communicated, a materially false statement about an
endorsement, if such person--
``(i) knows such statement to be false; and
``(ii) has the intent to impede or prevent
another person from exercising the right to
vote in an election described in paragraph (5).
``(B) Definition of `materially false'.--For
purposes of subparagraph (A), a statement about an
endorsement is `materially false' if, with respect to
an upcoming election described in paragraph (5)--
``(i) the statement states that a
specifically named person, political party, or
organization has endorsed the election of a
specific candidate for a Federal office
described in such paragraph; and
``(ii) such person, political party, or
organization has not endorsed the election of
such candidate.
``(4) Hindering, interfering with, or preventing voting or
registering to vote.--No person, whether acting under color of
law or otherwise, shall intentionally hinder, interfere with,
or prevent another person from voting, registering to vote, or
aiding another person to vote or register to vote in an
election described in paragraph (5).
``(5) Election described.--An election described in this
paragraph is any general, primary, run-off, or special election
held solely or in part for the purpose of nominating or
electing a candidate for the office of President, Vice
President, presidential elector, Member of the Senate, Member
of the House of Representatives, or Delegate or Commissioner
from a Territory or possession.''.
(b) Private Right of Action.--
(1) In general.--Subsection (c) of section 2004 of the
Revised Statutes (52 U.S.C. 10101(c)) is amended--
(A) by striking ``Whenever any person'' and
inserting the following:
``(1) In general.--Whenever any person''; and
(B) by adding at the end the following new
paragraph:
``(2) Civil action.--Any person aggrieved by a violation of
subsection (b)(2), (b)(3), or (b)(4) may institute a civil
action for preventive relief, including an application in a
United States district court for a permanent or temporary
injunction, restraining order, or other order. In any such
action, the court, in its discretion, may allow the prevailing
party a reasonable attorney's fee as part of the costs.''.
(2) Conforming amendments.--Section 2004 of the Revised
Statutes (52 U.S.C. 10101) is amended--
(A) in subsection (e), by striking ``subsection
(c)'' and inserting ``subsection (c)(1)''; and
(B) in subsection (g), by striking ``subsection
(c)'' and inserting ``subsection (c)(1)''.
(c) Criminal Penalties.--
(1) Deceptive acts.--Section 594 of title 18, United States
Code, is amended--
(A) by striking ``Whoever'' and inserting the
following:
``(a) Intimidation.--Whoever'';
(B) in subsection (a), as inserted by subparagraph
(A), by striking ``at any election'' and inserting ``at
any general, primary, run-off, or special election'';
and
(C) by adding at the end the following new
subsections:
``(b) Deceptive Acts.--
``(1) False statements regarding federal elections.--
``(A) Prohibition.--It shall be unlawful for any
person, whether acting under color of law or otherwise,
within 60 days before an election described in
subsection (e), by any means, including by means of
written, electronic, or telephonic communications, to
communicate or cause to be communicated information
described in subparagraph (B), or produce information
described in subparagraph (B) with the intent that such
information be communicated, if such person--
``(i) knows such information to be
materially false; and
``(ii) has the intent to mislead voters, or
the intent to impede or prevent another person
from exercising the right to vote in an
election described in subsection (e).
``(B) Information described.--Information is
described in this subparagraph if such information is
regarding--
``(i) the time or place of holding any
election described in subsection (e); or
``(ii) the qualifications for or
restrictions on voter eligibility for any such
election, including--
``(I) any criminal, civil, or other
legal penalties associated with voting
in any such election; or
``(II) information regarding a
voter's registration status or
eligibility.
``(2) Penalty.--Any person who violates paragraph (1) shall
be fined not more than $100,000, imprisoned for not more than 5
years, or both.
``(c) Hindering, Interfering With, or Preventing Voting or
Registering To Vote.--
``(1) Prohibition.--It shall be unlawful for any person,
whether acting under color of law or otherwise, to
intentionally hinder, interfere with, or prevent another person
from voting, registering to vote, or aiding another person to
vote or register to vote in an election described in subsection
(e), including by operating a polling place or ballot box that
falsely purports to be an official location established for
such an election by a unit of government.
``(2) Penalty.--Any person who violates paragraph (1) shall
be fined not more than $100,000, imprisoned for not more than 5
years, or both.
``(d) Attempt.--Any person who attempts to commit any offense
described in subsection (a), (b)(1), or (c)(1) shall be subject to the
same penalties as those prescribed for the offense that the person
attempted to commit.
``(e) Election Described.--An election described in this subsection
is any general, primary, run-off, or special election held solely or in
part for the purpose of nominating or electing a candidate for the
office of President, Vice President, presidential elector, Senator,
Member of the House of Representatives, or Delegate or Resident
Commissioner to the Congress.''.
(2) Modification of penalty for voter intimidation.--
Section 594(a) of title 18, United States Code, as amended by
paragraph (1), is amended by striking ``fined under this title
or imprisoned not more than one year'' and inserting ``fined
not more than $100,000, imprisoned for not more than 5 years''.
(3) Sentencing guidelines.--
(A) Review and amendment.--Not later than 180 days
after the date of enactment of this Act, the United
States Sentencing Commission, pursuant to its authority
under section 994 of title 28, United States Code, and
in accordance with this section, shall review and, if
appropriate, amend the Federal sentencing guidelines
and policy statements applicable to persons convicted
of any offense under section 594 of title 18, United
States Code, as amended by this section.
(B) Authorization.--The United States Sentencing
Commission may amend the Federal Sentencing Guidelines
in accordance with the procedures set forth in section
21(a) of the Sentencing Act of 1987 (28 U.S.C. 994
note) as though the authority under that section had
not expired.
(4) Payments for refraining from voting.--Subsection (c) of
section 11 of the Voting Rights Act of 1965 (52 U.S.C. 10307)
is amended by striking ``either for registration to vote or for
voting'' and inserting ``for registration to vote, for voting,
or for not voting''.
SEC. 1303. CORRECTIVE ACTION.
(a) Corrective Action.--
(1) In general.--If the Attorney General receives a
credible report that materially false information has been or
is being communicated in violation of paragraphs (2) and (3) of
section 2004(b) of the Revised Statutes (52 U.S.C. 10101(b)),
as added by section 1302(a), and if the Attorney General
determines that State and local election officials have not
taken adequate steps to promptly communicate accurate
information to correct the materially false information, the
Attorney General shall, pursuant to the written procedures and
standards under subsection (b), communicate to the public, by
any means, including by means of written, electronic, or
telephonic communications, accurate information designed to
correct the materially false information.
(2) Communication of corrective information.--Any
information communicated by the Attorney General under
paragraph (1)--
(A) shall--
(i) be accurate and objective;
(ii) consist of only the information
necessary to correct the materially false
information that has been or is being
communicated; and
(iii) to the extent practicable, be by a
means that the Attorney General determines will
reach the persons to whom the materially false
information has been or is being communicated;
and
(B) shall not be designed to favor or disfavor any
particular candidate, organization, or political party.
(b) Written Procedures and Standards for Taking Corrective
Action.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Attorney General shall publish
written procedures and standards for determining when and how
corrective action will be taken under this section.
(2) Inclusion of appropriate deadlines.--The procedures and
standards under paragraph (1) shall include appropriate
deadlines, based in part on the number of days remaining before
the upcoming election.
(3) Consultation.--In developing the procedures and
standards under paragraph (1), the Attorney General shall
consult with the Election Assistance Commission, State and
local election officials, civil rights organizations, voting
rights groups, voter protection groups, and other interested
community organizations.
(c) Authorization of Appropriations.--There are authorized to be
appropriated to the Attorney General such sums as may be necessary to
carry out this subtitle.
SEC. 1304. REPORTS TO CONGRESS.
(a) In General.--Not later than 180 days after each general
election for Federal office, the Attorney General shall submit to
Congress a report compiling all allegations received by the Attorney
General of deceptive practices described in paragraphs (2), (3), and
(4) of section 2004(b) of the Revised Statutes (52 U.S.C. 10101(b)), as
added by section 1302(a), relating to the general election for Federal
office and any primary, run-off, or a special election for Federal
office held in the 2 years preceding the general election.
(b) Contents.--
(1) In general.--Each report submitted under subsection (a)
shall include--
(A) a description of each allegation of a deceptive
practice described in subsection (a), including the
geographic location, racial and ethnic composition, and
language minority-group membership of the persons
toward whom the alleged deceptive practice was
directed;
(B) the status of the investigation of each
allegation described in subparagraph (A);
(C) a description of each corrective action taken
by the Attorney General under section 4(a) in response
to an allegation described in subparagraph (A);
(D) a description of each referral of an allegation
described in subparagraph (A) to other Federal, State,
or local agencies;
(E) to the extent information is available, a
description of any civil action instituted under
section 2004(c)(2) of the Revised Statutes (52 U.S.C.
10101(c)(2)), as added by section 1302(b), in
connection with an allegation described in subparagraph
(A); and
(F) a description of any criminal prosecution
instituted under section 594 of title 18, United States
Code, as amended by section 1302(c), in connection with
the receipt of an allegation described in subparagraph
(A) by the Attorney General.
(2) Exclusion of certain information.--
(A) In general.--The Attorney General shall not
include in a report submitted under subsection (a) any
information protected from disclosure by rule 6(e) of
the Federal Rules of Criminal Procedure or any Federal
criminal statute.
(B) Exclusion of certain other information.--The
Attorney General may determine that the following
information shall not be included in a report submitted
under subsection (a):
(i) Any information that is privileged.
(ii) Any information concerning an ongoing
investigation.
(iii) Any information concerning a criminal
or civil proceeding conducted under seal.
(iv) Any other nonpublic information that
the Attorney General determines the disclosure
of which could reasonably be expected to
infringe on the rights of any individual or
adversely affect the integrity of a pending or
future criminal investigation.
(c) Report Made Public.--On the date that the Attorney General
submits the report under subsection (a), the Attorney General shall
also make the report publicly available through the internet and other
appropriate means.
Subtitle E--Democracy Restoration
SEC. 1401. SHORT TITLE.
This subtitle may be cited as the ``Democracy Restoration Act of
2021''.
SEC. 1402. FINDINGS.
Congress makes the following findings:
(1) The right to vote is the most basic constitutive act of
citizenship. Regaining the right to vote reintegrates
individuals with criminal convictions into free society,
helping to enhance public safety.
(2) Article I, section 4, of the Constitution grants
Congress ultimate supervisory power over Federal elections, an
authority which has repeatedly been upheld by the Supreme
Court.
(3) Basic constitutional principles of fairness and equal
protection require an equal opportunity for citizens of the
United States to vote in Federal elections. The right to vote
may not be abridged or denied by the United States or by any
State on account of race, color, gender, or previous condition
of servitude. The 13th, 14th, 15th, 19th, 24th, and 26th
Amendments to the Constitution empower Congress to enact
measures to protect the right to vote in Federal elections. The
8th Amendment to the Constitution provides for no excessive
bail to be required, nor excessive fines imposed, nor cruel and
unusual punishments inflicted.
(4) There are 3 areas in which discrepancies in State laws
regarding criminal convictions lead to unfairness in Federal
elections:
(A) The lack of a uniform standard for voting in
Federal elections leads to an unfair disparity and
unequal participation in Federal elections based solely
on where a person lives.
(B) Laws governing the restoration of voting rights
after a criminal conviction vary throughout the
country, and persons in some States can easily regain
their voting rights while in other States persons
effectively lose their right to vote permanently.
(C) State disenfranchisement laws
disproportionately impact racial and ethnic minorities.
(5) Two States (Maine and Vermont), the District of
Columbia, and the Commonwealth of Puerto Rico do not
disenfranchise individuals with criminal convictions at all,
but 48 States have laws that deny convicted individuals the
right to vote while they are in prison.
(6) In some States disenfranchisement results from varying
State laws that restrict voting while individuals are under the
supervision of the criminal justice system or after they have
completed a criminal sentence. In 30 States, convicted
individuals may not vote while they are on parole and 27 States
disenfranchise individuals on felony probation as well. In 11
States, a conviction can result in lifetime disenfranchisement.
(7) Several States deny the right to vote to individuals
convicted of certain misdemeanors.
(8) An estimated 5,200,000 citizens of the United States,
or about 1 in 44 adults in the United States, currently cannot
vote as a result of a felony conviction. Of the 5,200,000
citizens barred from voting, only 24 percent are in prison. By
contrast, 75 percent of the disenfranchised reside in their
communities while on probation or parole or after having
completed their sentences. Approximately 2,200,000 citizens who
have completed their sentences remain disenfranchised due to
restrictive State laws. In at least 6 States--Alabama, Florida,
Kentucky, Mississippi, Tennessee, and Virginia--more than 5
percent of the total voting-age population is disenfranchised.
(9) In those States that disenfranchise individuals post-
sentence, the right to vote can be regained in theory, but in
practice this possibility is often granted in a non-uniform and
potentially discriminatory manner. Disenfranchised individuals
must either obtain a pardon or an order from the Governor or an
action by the parole or pardon board, depending on the offense
and State. Individuals convicted of a Federal offense often
have additional barriers to regaining voting rights.
(10) State disenfranchisement laws disproportionately
impact racial and ethnic minorities. More than 6 percent of the
African-American voting-age population, or 1,800,000 African
Americans, are disenfranchised. Currently, 1 of every 16
voting-age African Americans are rendered unable to vote
because of felony disenfranchisement, which is a rate more than
3.7 times greater than non-African Americans. Over 6 percent of
African-American adults are disenfranchised whereas only 1.7
percent of non-African Americans are. In 7 States (Alabama, 16
percent; Florida, 15 percent; Kentucky, 15 percent;
Mississippi, 16 percent; Tennessee, 21 percent; Virginia, 16
percent; and Wyoming, 36 percent), more than 1 in 7 African
Americans are unable to vote because of prior convictions,
twice the national average for African Americans.
(11) Latino citizens are disproportionately disenfranchised
based upon their disproportionate representation in the
criminal justice system. In recent years, Latinos have been
imprisoned at 2.5 times the rate of Whites. More than 2 percent
of the voting-age Latino population, or 560,000 Latinos, are
disenfranchised due to a felony conviction. In 34 states
Latinos are disenfranchised at a higher rate than the general
population. In 11 states 4 percent or more of Latino adults are
disenfranchised due to a felony conviction (Alabama, 4 percent;
Arizona, 7 percent; Arkansas, 4 percent; Idaho, 4 percent;
Iowa, 4 percent; Kentucky, 6 percent; Minnesota, 4 percent;
Mississippi, 5 percent; Nebraska, 6 percent; Tennessee, 11
percent, Wyoming, 4 percent), twice the national average for
Latinos.
(12) Disenfranchising citizens who have been convicted of a
criminal offense and who are living and working in the
community serves no compelling State interest and hinders their
rehabilitation and reintegration into society.
(13) State disenfranchisement laws can suppress electoral
participation among eligible voters by discouraging voting
among family and community members of disenfranchised persons.
Future electoral participation by the children of
disenfranchised parents may be impacted as well.
(14) The United States is the only Western democracy that
permits the permanent denial of voting rights for individuals
with felony convictions.
SEC. 1403. RIGHTS OF CITIZENS.
The right of an individual who is a citizen of the United States to
vote in any election for Federal office shall not be denied or abridged
because that individual has been convicted of a criminal offense unless
such individual is serving a felony sentence in a correctional
institution or facility at the time of the election.
SEC. 1404. ENFORCEMENT.
(a) Attorney General.--The Attorney General may, in a civil action,
obtain such declaratory or injunctive relief as is necessary to remedy
a violation of this subtitle.
(b) Private Right of Action.--
(1) In general.--A person who is aggrieved by a violation
of this subtitle may provide written notice of the violation to
the chief election official of the State involved.
(2) Relief.--Except as provided in paragraph (3), 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, in a civil action, obtain declaratory or injunctive relief
with respect to the violation.
(3) Exception.--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 paragraph (1) before bringing a
civil action to obtain declaratory or injunctive relief with
respect to the violation.
SEC. 1405. NOTIFICATION OF RESTORATION OF VOTING RIGHTS.
(a) State Notification.--
(1) Notification.--On the date determined under paragraph
(2), each State shall notify in writing any individual who has
been convicted of a criminal offense under the law of that
State that such individual has the right to vote in an election
for Federal office pursuant to the Democracy Restoration Act of
2021 and may register to vote in any such election and provide
such individual with any materials that are necessary to
register to vote in any such election.
(2) Date of notification.--
(A) Felony conviction.--In the case of such an
individual who has been convicted of a felony, the
notification required under paragraph (1) shall be
given on the date on which the individual--
(i) is sentenced to serve only a term of
probation; or
(ii) is released from the custody of that
State (other than to the custody of another
State or the Federal Government to serve a term
of imprisonment for a felony conviction).
(B) Misdemeanor conviction.--In the case of such an
individual who has been convicted of a misdemeanor, the
notification required under paragraph (1) shall be
given on the date on which such individual is sentenced
by a State court.
(b) Federal Notification.--
(1) Notification.--Any individual who has been convicted of
a criminal offense under Federal law shall be notified in
accordance with paragraph (2) that such individual has the
right to vote in an election for Federal office pursuant to the
Democracy Restoration Act of 2021 and may register to vote in
any such election and provide such individual with any
materials that are necessary to register to vote in any such
election.
(2) Date of notification.--
(A) Felony conviction.--In the case of such an
individual who has been convicted of a felony, the
notification required under paragraph (1) shall be
given--
(i) in the case of an individual who is
sentenced to serve only a term of probation, by
the Assistant Director for the Office of
Probation and Pretrial Services of the
Administrative Office of the United States
Courts on the date on which the individual is
sentenced; or
(ii) in the case of any individual
committed to the custody of the Bureau of
Prisons, by the Director of the Bureau of
Prisons, during the period beginning on the
date that is 6 months before such individual is
released and ending on the date such individual
is released from the custody of the Bureau of
Prisons.
(B) Misdemeanor conviction.--In the case of such an
individual who has been convicted of a misdemeanor, the
notification required under paragraph (1) shall be
given on the date on which such individual is sentenced
by a court established by an Act of Congress.
SEC. 1406. DEFINITIONS.
For purposes of this subtitle:
(1) Correctional institution or facility.--The term
``correctional institution or facility'' means any prison,
penitentiary, jail, or other institution or facility for the
confinement of individuals convicted of criminal offenses,
whether publicly or privately operated, except that such term
does not include any residential community treatment center (or
similar public or private facility).
(2) Election.--The term ``election'' means--
(A) a general, special, primary, or runoff
election;
(B) a convention or caucus of a political party
held to nominate a candidate;
(C) a primary election held for the selection of
delegates to a national nominating convention of a
political party; or
(D) a primary election held for the expression of a
preference for the nomination of persons for election
to the office of President.
(3) Federal office.--The term ``Federal office'' means the
office of President or Vice President of the United States, or
of Senator or Representative in, or Delegate or Resident
Commissioner to, the Congress of the United States.
(4) Probation.--The term ``probation'' means probation,
imposed by a Federal, State, or local court, with or without a
condition on the individual involved concerning--
(A) the individual's freedom of movement;
(B) the payment of damages by the individual;
(C) periodic reporting by the individual to an
officer of the court; or
(D) supervision of the individual by an officer of
the court.
SEC. 1407. RELATION TO OTHER LAWS.
(a) State Laws Relating to Voting Rights.--Nothing in this subtitle
be construed to prohibit the States from enacting any State law which
affords the right to vote in any election for Federal office on terms
less restrictive than those established by this subtitle.
(b) Certain Federal Acts.--The rights and remedies established by
this subtitle are in addition to all other rights and remedies provided
by law, and neither rights and remedies established by this Act shall
supersede, restrict, or limit the application of the Voting Rights Act
of 1965 (52 U.S.C. 10301 et seq.) or the National Voter Registration
Act of 1993 (52 U.S.C. 20501 et seq.).
SEC. 1408. FEDERAL PRISON FUNDS.
No State, unit of local government, or other person may receive or
use, to construct or otherwise improve a prison, jail, or other place
of incarceration, any Federal funds unless that person has in effect a
program under which each individual incarcerated in that person's
jurisdiction who is a citizen of the United States is notified, upon
release from such incarceration, of that individual's rights under
section 1403.
SEC. 1409. EFFECTIVE DATE.
This subtitle shall apply to citizens of the United States voting
in any election for Federal office held after the date of the enactment
of this Act.
Subtitle F--Promoting Accuracy, Integrity, and Security Through Voter-
Verified Permanent Paper Ballot
SEC. 1501. SHORT TITLE.
This subtitle may be cited as the ``Voter Confidence and Increased
Accessibility Act of 2021''.
SEC. 1502. PAPER BALLOT AND MANUAL COUNTING REQUIREMENTS.
(a) In General.--Section 301(a)(2) of the Help America Vote Act of
2002 (52 U.S.C. 21081(a)(2)) is amended to read as follows:
``(2) Paper ballot requirement.--
``(A) Voter-verified paper ballots.--
``(i) Paper ballot requirement.--(I) The
voting system shall require the use of an
individual, durable, voter-verified paper
ballot of the voter's vote that shall be marked
and made available for inspection and
verification by the voter before the voter's
vote is cast and counted, and which shall be
counted by hand or read by an optical character
recognition device or other counting device.
For purposes of this subclause, the term
`individual, durable, voter-verified paper
ballot' means a paper ballot marked by the
voter by hand or a paper ballot marked through
the use of a nontabulating ballot marking
device or system, so long as the voter shall
have the option to mark his or her ballot by
hand.
``(II) The voting system shall provide the
voter with an opportunity to correct any error
on the paper ballot before the permanent voter-
verified paper ballot is preserved in
accordance with clause (ii).
``(III) The voting system shall not
preserve the voter-verified paper ballots in
any manner that makes it possible, at any time
after the ballot has been cast, to associate a
voter with the record of the voter's vote
without the voter's consent.
``(ii) Preservation as official record.--
The individual, durable, voter-verified paper
ballot used in accordance with clause (i) shall
constitute the official ballot and shall be
preserved and used as the official ballot for
purposes of any recount or audit conducted with
respect to any election for Federal office in
which the voting system is used.
``(iii) Manual counting requirements for
recounts and audits.--(I) Each paper ballot
used pursuant to clause (i) shall be suitable
for a manual audit, and shall be counted by
hand in any recount or audit conducted with
respect to any election for Federal office.
``(II) In the event of any inconsistencies
or irregularities between any electronic vote
tallies and the vote tallies determined by
counting by hand the individual, durable,
voter-verified paper ballots used pursuant to
clause (i), and subject to subparagraph (B),
the individual, durable, voter-verified paper
ballots shall be the true and correct record of
the votes cast.
``(iv) Application to all ballots.--The
requirements of this subparagraph shall apply
to all ballots cast in elections for Federal
office, including ballots cast by absent
uniformed services voters and overseas voters
under the Uniformed and Overseas Citizens
Absentee Voting Act and other absentee voters.
``(B) Special rule for treatment of disputes when
paper ballots have been shown to be compromised.--
``(i) In general.--In the event that--
``(I) there is any inconsistency
between any electronic vote tallies and
the vote tallies determined by counting
by hand the individual, durable, voter-
verified paper ballots used pursuant to
subparagraph (A)(i) with respect to any
election for Federal office; and
``(II) it is demonstrated by clear
and convincing evidence (as determined
in accordance with the applicable
standards in the jurisdiction involved)
in any recount, audit, or contest of
the result of the election that the
paper ballots have been compromised (by
damage or mischief or otherwise) and
that a sufficient number of the ballots
have been so compromised that the
result of the election could be
changed,
the determination of the appropriate remedy
with respect to the election shall be made in
accordance with applicable State law, except
that the electronic tally shall not be used as
the exclusive basis for determining the
official certified result.
``(ii) Rule for consideration of ballots
associated with each voting machine.--For
purposes of clause (i), only the paper ballots
deemed compromised, if any, shall be considered
in the calculation of whether or not the result
of the election could be changed due to the
compromised paper ballots.''.
(b) Conforming Amendment Clarifying Applicability of Alternative
Language Accessibility.--Section 301(a)(4) of such Act (52 U.S.C.
21081(a)(4)) is amended by inserting ``(including the paper ballots
required to be used under paragraph (2))'' after ``voting system''.
(c) Other Conforming Amendments.--Section 301(a)(1) of such Act (52
U.S.C. 21081(a)(1)) is amended--
(1) in subparagraph (A)(i), by striking ``counted'' and
inserting ``counted, in accordance with paragraphs (2) and
(3)'';
(2) in subparagraph (A)(ii), by striking ``counted'' and
inserting ``counted, in accordance with paragraphs (2) and
(3)'';
(3) in subparagraph (A)(iii), by striking ``counted'' each
place it appears and inserting ``counted, in accordance with
paragraphs (2) and (3)''; and
(4) in subparagraph (B)(ii), by striking ``counted'' and
inserting ``counted, in accordance with paragraphs (2) and
(3)''.
SEC. 1503. ACCESSIBILITY AND BALLOT VERIFICATION FOR INDIVIDUALS WITH
DISABILITIES.
(a) In General.--Section 301(a)(3)(B) of the Help America Vote Act
of 2002 (52 U.S.C. 21081(a)(3)(B)) is amended to read as follows:
``(B)(i) ensure that individuals with disabilities
and others are given an equivalent opportunity to vote,
including with privacy and independence, in a manner
that produces a voter-verified paper ballot as for
other voters;
``(ii) satisfy the requirement of subparagraph (A)
through the use of a sufficient number, but at least
one, of voting systems, as determined by the Commission
in consultation with the United States Access Board and
the National Institute of Standards and Technology,
equipped to serve individuals with and without
disabilities, including nonvisual and enhanced visual
accessibility for the blind and visually impaired, and
nonmanual and enhanced manual accessibility for the
mobility and dexterity impaired, for all in person
voting options; and
``(iii) meet the requirements of subparagraph (A)
and paragraph (2)(A) by using a system that--
``(I) allows the voter to privately and
independently verify the permanent paper ballot
through the presentation, in accessible form,
of the printed or marked vote selections from
the same printed or marked information that
would be used for any vote counting or
auditing; and
``(II) allows the voter to privately and
independently verify and cast the permanent
paper ballot without requiring the voter to
manually handle the paper ballot;''.
(b) Specific Requirement of Study, Testing, and Development of
Accessible Voting Options.--
(1) Study and reporting.--Subtitle C of title II of such
Act (52 U.S.C. 21081 et seq.) is amended--
(A) by redesignating section 247 as section 248;
and
(B) by inserting after section 246 the following
new section:
``SEC. 247. STUDY AND REPORT ON ACCESSIBLE VOTING OPTIONS.
``(a) Grants to Study and Report.--The Commission, in coordination
with the Access Board and the Cybersecurity and Infrastructure Security
Agency, shall make grants to not fewer than three eligible entities to
study, test, and develop accessible and secure remote voting systems
and voting, verification, and casting devices to enhance the
accessibility of voting and verification for individuals with
disabilities.
``(b) Eligibility.--An entity is eligible to receive a grant under
this part if it submits to the Commission (at such time and in such
form as the Commission may require) an application containing--
``(1) a certification that the entity shall complete the
activities carried out with the grant not later than January 1,
2024; and
``(2) such other information and certifications as the
Commission may require.
``(c) Availability of Technology.--Any technology developed with
the grants made under this section shall be treated as non-proprietary
and shall be made available to the public, including to manufacturers
of voting systems.
``(d) Coordination With Grants for Technology Improvements.--The
Commission shall carry out this section so that the activities carried
out with the grants made under subsection (a) are coordinated with the
research conducted under the grant program carried out by the
Commission under section 271, to the extent that the Commission
determines necessary to provide for the advancement of accessible
voting technology.
``(e) Authorization of Appropriations.--There is authorized to be
appropriated to carry out subsection (a) $10,000,000, to remain
available until expended.''.
(2) Clerical amendment.--The table of contents of such Act
is amended--
(A) by redesignating the item relating to section
247 as relating to section 248; and
(B) by inserting after the item relating to section
246 the following new item:
``Sec. 247. Study and report on accessible voting options.''.
(c) Clarification of Accessibility Standards Under Voluntary Voting
System Guidance.--In adopting any voluntary guidance under subtitle B
of title III of the Help America Vote Act with respect to the
accessibility of the paper ballot verification requirements for
individuals with disabilities, the Election Assistance Commission shall
include and apply the same accessibility standards applicable under the
voluntary guidance adopted for accessible voting systems under such
subtitle.
(d) Permitting Use of Funds for Protection and Advocacy Systems To
Support Actions To Enforce Election-Related Disability Access.--Section
292(a) of the Help America Vote Act of 2002 (52 U.S.C. 21062(a)) is
amended by striking ``; except that'' and all that follows and
inserting a period.
SEC. 1504. DURABILITY AND READABILITY REQUIREMENTS FOR BALLOTS.
Section 301(a) of the Help America Vote Act of 2002 (52 U.S.C.
21081(a)) is amended by adding at the end the following new paragraph:
``(7) Durability and readability requirements for
ballots.--
``(A) Durability requirements for paper ballots.--
``(i) In general.--All voter-verified paper
ballots required to be used under this Act
shall be marked or printed on durable paper.
``(ii) Definition.--For purposes of this
Act, paper is `durable' if it is capable of
withstanding multiple counts and recounts by
hand without compromising the fundamental
integrity of the ballots, and capable of
retaining the information marked or printed on
them for the full duration of a retention and
preservation period of 22 months.
``(B) Readability requirements for paper ballots
marked by ballot marking device.--All voter-verified
paper ballots completed by the voter through the use of
a ballot marking device shall be clearly readable by
the voter without assistance (other than eyeglasses or
other personal vision enhancing devices) and by an
optical character recognition device or other device
equipped for individuals with disabilities.''.
SEC. 1505. STUDY AND REPORT ON OPTIMAL BALLOT DESIGN.
(a) Study.--The Election Assistance Commission shall conduct a
study of the best ways to design ballots used in elections for public
office, including paper ballots and electronic or digital ballots, to
minimize confusion and user errors.
(b) Report.--Not later than January 1, 2022, the Election
Assistance Commission shall submit to Congress a report on the study
conducted under subsection (a).
SEC. 1506. PAPER BALLOT PRINTING REQUIREMENTS.
Section 301(a) of the Help America Vote Act of 2002 (52 U.S.C.
21081(a)), as amended by section 1504, is further amended by adding at
the end the following new paragraph:
``(8) Printing requirements for ballots.--All paper ballots
used in an election for Federal office shall be printed in the
United States on paper manufactured in the United States.''.
SEC. 1507. EFFECTIVE DATE FOR NEW REQUIREMENTS.
Section 301(d) of the Help America Vote Act of 2002 (52 U.S.C.
21081(d)) is amended to read as follows:
``(d) Effective Date.--
``(1) In general.--Except as provided in paragraph (2),
each State and jurisdiction shall be required to comply with
the requirements of this section on and after January 1, 2006.
``(2) Special rule for certain requirements.--
``(A) In general.--Except as provided in
subparagraphs (B) and (C), the requirements of this
section which are first imposed on a State and
jurisdiction pursuant to the amendments made by the
Voter Confidence and Increased Accessibility Act of
2021 shall apply with respect to voting systems used
for any election for Federal office held in 2022 or any
succeeding year.
``(B) Delay for jurisdictions using certain paper
record printers or certain systems using or producing
voter-verifiable paper records in 2020.--
``(i) Delay.--In the case of a jurisdiction
described in clause (ii), subparagraph (A)
shall apply to a voting system in the
jurisdiction as if the reference in such
subparagraph to `2022' were a reference to
`2024', but only with respect to the following
requirements of this section:
``(I) Paragraph (2)(A)(i)(I) of
subsection (a) (relating to the use of
voter-verified paper ballots).
``(II) Paragraph (3)(B)(ii)(I) and
(II) of subsection (a) (relating to
access to verification from and casting
of the durable paper ballot).
``(III) Paragraph (7) of subsection
(a) (relating to durability and
readability requirements for ballots).
``(ii) Jurisdictions described.--A
jurisdiction described in this clause is a
jurisdiction--
``(I) which used voter verifiable
paper record printers attached to
direct recording electronic voting
machines, or which used other voting
systems that used or produced paper
records of the vote verifiable by
voters but that are not in compliance
with paragraphs (2)(A)(i)(I),
(3)(B)(iii)(i) and (II), and (7) of
subsection (a) (as amended or added by
the Voter Confidence and Increased
Accessibility Act of 2021), for the
administration of the regularly
scheduled general election for Federal
office held in November 2020; and
``(II) which will continue to use
such printers or systems for the
administration of elections for Federal
office held in years before 2024.
``(iii) Mandatory availability of paper
ballots at polling places using grandfathered
printers and systems.--
``(I) Requiring ballots to be
offered and provided.--The appropriate
election official at each polling place
that uses a printer or system described
in clause (ii)(I) for the
administration of elections for Federal
office shall offer each individual who
is eligible to cast a vote in the
election at the polling place the
opportunity to cast the vote using a
blank pre-printed paper ballot which
the individual may mark by hand and
which is not produced by the direct
recording electronic voting machine or
other such system. The official shall
provide the individual with the ballot
and the supplies necessary to mark the
ballot, and shall ensure (to the
greatest extent practicable) that the
waiting period for the individual to
cast a vote is the lesser of 30 minutes
or the average waiting period for an
individual who does not agree to cast
the vote using such a paper ballot
under this clause.
``(II) Treatment of ballot.--Any
paper ballot which is cast by an
individual under this clause shall be
counted and otherwise treated as a
regular ballot for all purposes
(including by incorporating it into the
final unofficial vote count (as defined
by the State) for the precinct) and not
as a provisional ballot, unless the
individual casting the ballot would
have otherwise been required to cast a
provisional ballot.
``(III) Posting of notice.--The
appropriate election official shall
ensure there is prominently displayed
at each polling place a notice that
describes the obligation of the
official to offer individuals the
opportunity to cast votes using a pre-
printed blank paper ballot. The notice
shall take into consideration factors
including the linguistic preferences of
voters in the jurisdiction.
``(IV) Training of election
officials.--The chief State election
official shall ensure that election
officials at polling places in the
State are aware of the requirements of
this clause, including the requirement
to display a notice under subclause
(III), and are aware that it is a
violation of the requirements of this
title for an election official to fail
to offer an individual the opportunity
to cast a vote using a blank pre-
printed paper ballot.
``(V) Period of applicability.--The
requirements of this clause apply only
during the period in which the delay is
in effect under clause (i).
``(C) Special rule for jurisdictions using certain
nontabulating ballot marking devices.--In the case of a
jurisdiction which uses a nontabulating ballot marking
device which automatically deposits the ballot into a
privacy sleeve, subparagraph (A) shall apply to a
voting system in the jurisdiction as if the reference
in such subparagraph to `any election for Federal
office held in 2022 or any succeeding year' were a
reference to `elections for Federal office occurring
held in 2024 or each succeeding year', but only with
respect to paragraph (3)(B)(iii)(II) of subsection (a)
(relating to nonmanual casting of the durable paper
ballot).''.
Subtitle G--Provisional Ballots
SEC. 1601. REQUIREMENTS FOR COUNTING PROVISIONAL BALLOTS; ESTABLISHMENT
OF UNIFORM AND NONDISCRIMINATORY STANDARDS.
(a) In General.--Section 302 of the Help America Vote Act of 2002
(52 U.S.C. 21082) is amended--
(1) by redesignating subsection (d) as subsection (f); and
(2) by inserting after subsection (c) the following new
subsections:
``(d) Statewide Counting of Provisional Ballots.--
``(1) In general.--For purposes of subsection (a)(4),
notwithstanding the precinct or polling place at which a
provisional ballot is cast within the State, the appropriate
election official of the jurisdiction in which the individual
is registered shall count each vote on such ballot for each
election in which the individual who cast such ballot is
eligible to vote.
``(2) Effective date.--This subsection shall apply with
respect to elections held on or after January 1, 2022.
``(e) Uniform and Nondiscriminatory Standards.--
``(1) In general.--Consistent with the requirements of this
section, each State shall establish uniform and
nondiscriminatory standards for the issuance, handling, and
counting of provisional ballots.
``(2) Effective date.--This subsection shall apply with
respect to elections held on or after January 1, 2022.''.
(b) Conforming Amendment.--Section 302(f) of such Act (52 U.S.C.
21082(f)), as redesignated by subsection (a), is amended by striking
``Each State'' and inserting ``Except as provided in subsections (d)(2)
and (e)(2), each State''.
Subtitle H--Early Voting
SEC. 1611. EARLY VOTING.
(a) Requirements.--Subtitle A of title III of the Help America Vote
Act of 2002 (52 U.S.C. 21081 et seq.), as amended by section 1031(a)
and section 1101(a), is amended--
(1) by redesignating sections 306 and 307 as sections 307
and 308; and
(2) by inserting after section 305 the following new
section:
``SEC. 306. EARLY VOTING.
``(a) Requiring Voting Prior to Date of Election.--
``(1) In general.--Each State shall allow individuals to
vote in an election for Federal office during an early voting
period which occurs prior to the date of the election, in the
same manner as voting is allowed on such date.
``(2) Length of period.--The early voting period required
under this subsection with respect to an election shall consist
of a period of consecutive days (including weekends) which
begins on the 15th day before the date of the election (or, at
the option of the State, on a day prior to the 15th day before
the date of the election) and ends on the date of the election.
``(b) Minimum Early Voting Requirements.--Each polling place which
allows voting during an early voting period under subsection (a)
shall--
``(1) allow such voting for no less than 10 hours on each
day;
``(2) have uniform hours each day for which such voting
occurs; and
``(3) allow such voting to be held for some period of time
prior to 9:00 a.m (local time) and some period of time after
5:00 p.m. (local time).
``(c) Location of Polling Places.--
``(1) Proximity to public transportation.--To the greatest
extent practicable, a State shall ensure that each polling
place which allows voting during an early voting period under
subsection (a) is located within walking distance of a stop on
a public transportation route.
``(2) Availability in rural areas.--The State shall ensure
that polling places which allow voting during an early voting
period under subsection (a) will be located in rural areas of
the State, and shall ensure that such polling places are
located in communities which will provide the greatest
opportunity for residents of rural areas to vote during the
early voting period.
``(3) College campuses.--The State shall ensure that
polling places which allow voting during an early voting period
under subsection (a) will be located on campuses of
institutions of higher education in the State.
``(d) Standards.--
``(1) In general.--The Commission shall issue standards for
the administration of voting prior to the day scheduled for a
Federal election. Such standards shall include the
nondiscriminatory geographic placement of polling places at
which such voting occurs.
``(2) Deviation.--The standards described in paragraph (1)
shall permit States, upon providing adequate public notice, to
deviate from any requirement in the case of unforeseen
circumstances such as a natural disaster, terrorist attack, or
a change in voter turnout.
``(e) Ballot Processing and Scanning Requirements.--
``(1) In general.--The State shall begin processing and
scanning ballots cast during in-person early voting for
tabulation at least 14 days prior to the date of the election
involved.
``(2) Limitation.--Nothing in this subsection shall be
construed to permit a State to tabulate ballots in an election
before the closing of the polls on the date of the election.
``(f) Effective Date.--This section shall apply with respect to the
regularly scheduled general election for Federal office held in
November 2022 and each succeeding election for Federal office.''.
(b) Conforming Amendment Relating to Issuance of Voluntary Guidance
by Election Assistance Commission.--Section 321(b) of such Act (52
U.S.C. 21101(b)), as redesignated and amended by section 1101(b), is
amended--
(1) by striking ``and'' at the end of paragraph (3);
(2) by striking the period at the end of paragraph (4) and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(5) except as provided in paragraph (4), in the case of
the recommendations with respect to any section added by the
For the People Act of 2021, June 30, 2022.''.
(c) Clerical Amendment.--The table of contents of such Act, as
amended by section 1031(c) and section 1101(c), is amended--
(1) by redesignating the items relating to sections 306 and
307 as relating to sections 307 and 308; and
(2) by inserting after the item relating to section 305 the
following new item:
``Sec. 306. Early voting.''.
Subtitle I--Voting by Mail
SEC. 1621. VOTING BY MAIL.
(a) Requirements.--Subtitle A of title III of the Help America Vote
Act of 2002 (52 U.S.C. 21081 et seq.), as amended by section 1031(a),
section 1101(a), and section 1611(a), is amended--
(1) by redesignating sections 307 and 308 as sections 308
and 309; and
(2) by inserting after section 306 the following new
section:
``SEC. 307. PROMOTING ABILITY OF VOTERS TO VOTE BY MAIL.
``(a) Uniform Availability of Absentee Voting to All Voters.--
``(1) In general.--If an individual in a State is eligible
to cast a vote in an election for Federal office, the State may
not impose any additional conditions or requirements on the
eligibility of the individual to cast the vote in such election
by absentee ballot by mail.
``(2) Administration of voting by mail.--
``(A) Prohibiting identification requirement as
condition of obtaining ballot.--A State may not require
an individual to provide any form of identification as
a condition of obtaining an absentee ballot, except
that nothing in this paragraph may be construed to
prevent a State from requiring a signature of the
individual or similar affirmation as a condition of
obtaining an absentee ballot.
``(B) Prohibiting requirement to provide
notarization or witness signature as condition of
obtaining or casting ballot.--A State may not require
notarization or witness signature or other formal
authentication (other than voter attestation) as a
condition of obtaining or casting an absentee ballot.
``(C) Deadline for returning ballot.--A State may
impose a reasonable deadline for requesting the
absentee ballot and related voting materials from the
appropriate State or local election official and for
returning the ballot to the appropriate State or local
election official.
``(3) No effect on identification requirements for first-
time voters registering by mail.--Nothing in this subsection
may be construed to exempt any individual described in
paragraph (1) of section 303(b) from meeting the requirements
of paragraph (2) of such section.
``(b) Due Process Requirements for States Requiring Signature
Verification.--
``(1) Requirement.--
``(A) In general.--A State may not impose a
signature verification requirement as a condition of
accepting and counting an absentee ballot submitted by
any individual with respect to an election for Federal
office unless the State meets the due process
requirements described in paragraph (2).
``(B) Signature verification requirement
described.--In this subsection, a `signature
verification requirement' is a requirement that an
election official verify the identification of an
individual by comparing the individual's signature on
the absentee ballot with the individual's signature on
the official list of registered voters in the State or
another official record or other document used by the
State to verify the signatures of voters.
``(2) Due process requirements.--
``(A) Notice and opportunity to cure discrepancy in
signatures.--If an individual submits an absentee
ballot and the appropriate State or local election
official determines that a discrepancy exists between
the signature on such ballot and the signature of such
individual on the official list of registered voters in
the State or other official record or document used by
the State to verify the signatures of voters, such
election official, prior to making a final
determination as to the validity of such ballot,
shall--
``(i) make a good faith effort to
immediately notify the individual by mail,
telephone, and (if available) text message and
electronic mail that--
``(I) a discrepancy exists between
the signature on such ballot and the
signature of the individual on the
official list of registered voters in
the State or other official record or
document used by the State to verify
the signatures of voters, and
``(II) if such discrepancy is not
cured prior to the expiration of the
10-day period which begins on the date
the official notifies the individual of
the discrepancy, such ballot will not
be counted; and
``(ii) cure such discrepancy and count the
ballot if, prior to the expiration of the 10-
day period described in clause (i)(II), the
individual provides the official with
information to cure such discrepancy, either in
person, by telephone, or by electronic methods.
``(B) Notice and opportunity to cure missing
signature or other defect.--If an individual submits an
absentee ballot without a signature or submits an
absentee ballot with another defect which, if left
uncured, would cause the ballot to not be counted, the
appropriate State or local election official, prior to
making a final determination as to the validity of the
ballot, shall--
``(i) make a good faith effort to
immediately notify the individual by mail,
telephone, and (if available) text message and
electronic mail that--
``(I) the ballot did not include a
signature or has some other defect, and
``(II) if the individual does not
provide the missing signature or cure
the other defect prior to the
expiration of the 10-day period which
begins on the date the official
notifies the individual that the ballot
did not include a signature or has some
other defect, such ballot will not be
counted; and
``(ii) count the ballot if, prior to the
expiration of the 10-day period described in
clause (i)(II), the individual provides the
official with the missing signature on a form
proscribed by the State or cures the other
defect.
This subparagraph does not apply with respect to a
defect consisting of the failure of a ballot to meet
the applicable deadline for the acceptance of the
ballot, as described in subsection (e).
``(C) Other requirements.--An election official may
not make a determination that a discrepancy exists
between the signature on an absentee ballot and the
signature of the individual who submits the ballot on
the official list of registered voters in the State or
other official record or other document used by the
State to verify the signatures of voters unless--
``(i) at least 2 election officials make
the determination;
``(ii) each official who makes the
determination has received training in
procedures used to verify signatures; and
``(iii) of the officials who make the
determination, at least one is affiliated with
the political party whose candidate received
the most votes in the most recent statewide
election for Federal office held in the State
and at least one is affiliated with the
political party whose candidate received the
second most votes in the most recent statewide
election for Federal office held in the State.
``(3) Report.--
``(A) In general.--Not later than 120 days after
the end of a Federal election cycle, each chief State
election official shall submit to Congress and the
Commission a report containing the following
information for the applicable Federal election cycle
in the State:
``(i) The number of ballots invalidated due
to a discrepancy under this subsection.
``(ii) Description of attempts to contact
voters to provide notice as required by this
subsection.
``(iii) Description of the cure process
developed by such State pursuant to this
subsection, including the number of ballots
determined valid as a result of such process.
``(B) Federal election cycle defined.--For purposes
of this subsection, the term `Federal election cycle'
means the period beginning on January 1 of any odd
numbered year and ending on December 31 of the
following year.
``(4) Rule of construction.--Nothing in this subsection
shall be construed--
``(A) to prohibit a State from rejecting a ballot
attempted to be cast in an election for Federal office
by an individual who is not eligible to vote in the
election; or
``(B) to prohibit a State from providing an
individual with more time and more methods for curing a
discrepancy in the individual's signature, providing a
missing signature, or curing any other defect than the
State is required to provide under this subsection.
``(c) Transmission of Applications, Ballots, and Balloting
Materials to Voters.--
``(1) Automatic transmission of absentee ballot
applications by mail.--
``(A) Transmission of applications.--Not later than
60 days before the date of an election for Federal
office, the appropriate State or local election
official shall transmit by mail an application for an
absentee ballot for the election to each individual who
is registered to vote in the election, or, in the case
of any State that does not register voters, all
individuals who are in the State's central voter file
(or if the State does not keep a central voter file,
all individuals who are eligible to vote in such
election).
``(B) Exception for individuals already receiving
applications automatically.--Subparagraph (A) does not
apply with respect to an individual to whom the State
is already required to transmit an application for an
absentee ballot for the election because the individual
exercised the option described in subparagraph (D) of
paragraph (2) to treat an application for an absentee
ballot in a previous election for Federal office in the
State as an application for an absentee ballot in all
subsequent elections for Federal office in the State.
``(C) Exception for states transmitting ballots
without application.--Subparagraph (A) does not apply
with respect to a State which transmits a ballot in an
election for Federal office in the State to a voter
prior to the date of the election without regard to
whether or not the voter submitted an application for
the ballot to the State.
``(D) Rule of construction.--Nothing in this
paragraph may be construed to prohibit an individual
from submitting to the appropriate State or local
election official an application for an absentee ballot
in an election for Federal office, including through
the methods described in paragraph (2).
``(2) Other methods for applying for absentee ballot.--
``(A) In general.--In addition to such other
methods as the State may establish for an individual to
apply for an absentee ballot, the State shall permit an
individual--
``(i) to submit an application for an
absentee ballot online; and
``(ii) to submit an application for an
absentee ballot through the use of an automated
telephone-based system, subject to the same
terms and conditions applicable under this
paragraph to the services made available
online.
``(B) Treatment of websites.--The State shall be
considered to meet the requirements of subparagraph
(A)(i) if the website of the appropriate State or local
election official allows an application for an absentee
ballot to be completed and submitted online and if the
website permits the individual--
``(i) to print the application so that the
individual may complete the application and
return it to the official; or
``(ii) request that a paper copy of the
application be transmitted to the individual by
mail or electronic mail so that the individual
may complete the application and return it to
the official.
``(C) Ensuring delivery prior to election.--If an
individual who is eligible to vote in an election for
Federal office submits an application for an absentee
ballot in the election, the appropriate State or local
election official shall ensure that the ballot and
relating voting materials are received by the
individual prior to the date of the election so long as
the individual's application is received by the
official not later than 5 days (excluding Saturdays,
Sundays, and legal public holidays) before the date of
the election, except that nothing in this paragraph
shall preclude a State or local jurisdiction from
allowing for the acceptance and processing of absentee
ballot applications submitted or received after such
required period.
``(D) Application for all future elections.--At the
option of an individual, a State shall treat the
individual's application to vote by absentee ballot by
mail in an election for Federal office as an
application for an absentee ballot by mail in all
subsequent Federal elections held in the State.
``(3) Same-day processing.--The United States Postal
Service shall ensure, to the maximum extent practicable, that
ballots are processed and cleared from any postal facility or
post office on the same day the ballots are received at such a
facility or post office.
``(d) Accessibility for Individuals With Disabilities.--The State
shall ensure that all absentee ballot applications, absentee ballots,
and related voting materials in elections for Federal office are
accessible to individuals with disabilities in a manner that provides
the same opportunity for access and participation (including with
privacy and independence) as for other voters.
``(e) Uniform Deadline for Acceptance of Mailed Ballots.--
``(1) In general.--A State may not refuse to accept or
process a ballot submitted by an individual by mail with
respect to an election for Federal office in the State on the
grounds that the individual did not meet a deadline for
returning the ballot to the appropriate State or local election
official if--
``(A) the ballot is postmarked or otherwise
indicated by the United States Postal Service to have
been mailed on or before the date of the election, or
has been signed by the voter on or before the date of
the election; and
``(B) the ballot is received by the appropriate
election official prior to the expiration of the 10-day
period which begins on the date of the election.
``(2) Rule of construction.--Nothing in this subsection
shall be construed to prohibit a State from having a law that
allows for counting of ballots in an election for Federal
office that are received through the mail after the date that
is 10 days after the date of the election.
``(f) Alternative Methods of Returning Ballots.--
``(1) In general.--In addition to permitting an individual
to whom a ballot in an election was provided under this section
to return the ballot to an election official by mail, the State
shall permit the individual to cast the ballot by delivering
the ballot at such times and to such locations as the State may
establish, including--
``(A) permitting the individual to deliver the
ballot to a polling place on any date on which voting
in the election is held at the polling place; and
``(B) permitting the individual to deliver the
ballot to a designated ballot drop-off location, a
tribally designated building, or the office of a State
or local election official.
``(2) Permitting voters to designate other person to return
ballot.--The State--
``(A) shall permit a voter to designate any person
to return a voted and sealed absentee ballot to the
post office, a ballot drop-off location, tribally
designated building, or election office so long as the
person designated to return the ballot does not receive
any form of compensation based on the number of ballots
that the person has returned and no individual, group,
or organization provides compensation on this basis;
and
``(B) may not put any limit on how many voted and
sealed absentee ballots any designated person can
return to the post office, a ballot drop off location,
tribally designated building, or election office.
``(g) Ballot Processing and Scanning Requirements.--
``(1) In general.--The State shall begin processing and
scanning ballots cast by mail for tabulation at least 14 days
prior to the date of the election involved.
``(2) Limitation.--Nothing in this subsection shall be
construed to permit a State to tabulate ballots in an election
before the closing of the polls on the date of the election.
``(h) Prohibiting Certain Restrictions on Access to Voting
Materials.--
``(1) Distribution of absentee ballot applications by third
parties.--A State may not prohibit any person from providing an
application for an absentee ballot in the election to any
individual who is eligible to vote in the election.
``(2) Unsolicited provision of voter registration
applications by election officials.--A State may not prohibit
an election official from providing an unsolicited application
to register to vote in an election for Federal office to any
individual who is eligible to register to vote in the election.
``(i) Rule of Construction.--Nothing in this section shall be
construed to affect the authority of States to conduct elections for
Federal office through the use of polling places at which individuals
cast ballots.
``(j) No Effect on Ballots Submitted by Absent Military and
Overseas Voters.--Nothing in this section may be construed to affect
the treatment of any ballot submitted by an individual who is entitled
to vote by absentee ballot under the Uniformed and Overseas Citizens
Absentee Voting Act (52 U.S.C. 20301 et seq.).
``(k) Effective Date.--This section shall apply with respect to the
regularly scheduled general election for Federal office held in
November 2022 and each succeeding election for Federal office.''.
(b) Clerical Amendment.--The table of contents of such Act, as
amended by section 1031(c), section 1101(c), and section 1611(c), is
amended--
(1) by redesignating the items relating to sections 307 and
308 as relating to sections 308 and 309; and
(2) by inserting after the item relating to section 306 the
following new item:
``Sec. 307. Promoting ability of voters to vote by mail.''.
(c) Development of Alternative Verification Methods.--
(1) Development of standards.--The National Institute of
Standards, in consultation with the Election Assistance
Commission, shall develop standards for the use of alternative
methods which could be used in place of signature verification
requirements for purposes of verifying the identification of an
individual voting by absentee ballot in elections for Federal
office.
(2) Public notice and comment.--The National Institute of
Standards shall solicit comments from the public in the
development of standards under paragraph (1).
(3) Deadline.--Not later than 1 year after the date of the
enactment of this Act, the National Institute of Standards
shall publish the standards developed under paragraph (1).
SEC. 1622. ABSENTEE BALLOT TRACKING PROGRAM.
(a) Requirements.--Subtitle A of title III of the Help America Vote
Act of 2002 (52 U.S.C. 21081 et seq.), as amended by section 1031(a),
section 1101(a), section 1611(a), and section 1621(a), is amended--
(1) by redesignating sections 308 and 309 as sections 309
and 310; and
(2) by inserting after section 307 the following new
section:
``SEC. 308. ABSENTEE BALLOT TRACKING PROGRAM.
``(a) Requirement.--Each State shall carry out a program to track
and confirm the receipt of absentee ballots in an election for Federal
office under which the State or local election official responsible for
the receipt of voted absentee ballots in the election carries out
procedures to track and confirm the receipt of such ballots, and makes
information on the receipt of such ballots available to the individual
who cast the ballot, by means of online access using the Internet site
of the official's office.
``(b) Information on Whether Vote Was Accepted.--The information
referred to under subsection (a) with respect to the receipt of an
absentee ballot shall include information regarding whether the vote
cast on the ballot was accepted, and, in the case of a vote which was
rejected, the reasons therefor.
``(c) Use of Toll-Free Telephone Number by Officials Without
Internet Site.--A program established by a State or local election
official whose office does not have an Internet site may meet the
requirements of subsection (a) if the official has established a toll-
free telephone number that may be used by an individual who cast an
absentee ballot to obtain the information on the receipt of the voted
absentee ballot as provided under such subsection.
``(d) Effective Date.--This section shall apply with respect to the
regularly scheduled general election for Federal office held in
November 2022 and each succeeding election for Federal office.''.
(b) Reimbursement for Costs Incurred by States in Establishing
Program.--Subtitle D of title II of the Help America Vote Act of 2002
(42 U.S.C. 15401 et seq.) is amended by adding at the end the following
new part:
``PART 7--PAYMENTS TO REIMBURSE STATES FOR COSTS INCURRED IN
ESTABLISHING PROGRAM TO TRACK AND CONFIRM RECEIPT OF ABSENTEE BALLOTS
``SEC. 297. PAYMENTS TO STATES.
``(a) Payments For Costs of Program.--In accordance with this
section, the Commission shall make a payment to a State to reimburse
the State for the costs incurred in establishing the absentee ballot
tracking program under section 308 (including costs incurred prior to
the date of the enactment of this part).
``(b) Certification of Compliance and Costs.--
``(1) Certification required.--In order to receive a
payment under this section, a State shall submit to the
Commission a statement containing--
``(A) a certification that the State has
established an absentee ballot tracking program with
respect to elections for Federal office held in the
State; and
``(B) a statement of the costs incurred by the
State in establishing the program.
``(2) Amount of payment.--The amount of a payment made to a
State under this section shall be equal to the costs incurred
by the State in establishing the absentee ballot tracking
program, as set forth in the statement submitted under
paragraph (1), except that such amount may not exceed the
product of--
``(A) the number of jurisdictions in the State
which are responsible for operating the program; and
``(B) $3,000.
``(3) Limit on number of payments received.--A State may
not receive more than one payment under this part.
``SEC. 297A. AUTHORIZATION OF APPROPRIATIONS.
``(a) Authorization.--There are authorized to be appropriated to
the Commission for fiscal year 2022 and each succeeding fiscal year
such sums as may be necessary for payments under this part.
``(b) Continuing Availability of Funds.--Any amounts appropriated
pursuant to the authorization under this section shall remain available
until expended.''.
(c) Clerical Amendments.--The table of contents of such Act, as
amended by section 1031(c), section 1101(c), section 1611(c), and
section 1621(b), is amended--
(1) by adding at the end of the items relating to subtitle
D of title II the following:
``Part 7--Payments To Reimburse States for Costs Incurred in
Establishing Program To Track and Confirm Receipt of Absentee Ballots
``Sec. 297. Payments to States.
``Sec. 297A. Authorization of appropriations.'';
(2) by redesignating the items relating to sections 308 and
309 as relating to sections 309 and 310; and
(3) by inserting after the item relating to section 307 the
following new item:
``Sec. 308. Absentee ballot tracking program.''.
SEC. 1623. VOTING MATERIALS POSTAGE.
(a) Prepayment of Postage on Return Envelopes.--
(1) In general.--Subtitle A of title III of the Help
America Vote Act of 2002 (52 U.S.C. 21081 et seq.), as amended
by section 1031(a), section 1101(a), section 1611(a), section
1621(a), and section 1622(a), is amended--
(A) by redesignating sections 309 and 310 as
sections 310 and 311; and
(B) by inserting after section 308 the following
new section:
``SEC. 309. PREPAYMENT OF POSTAGE ON RETURN ENVELOPES FOR VOTING
MATERIALS.
``(a) Provision of Return Envelopes.--The appropriate State or
local election official shall provide a self-sealing return envelope
with--
``(1) any voter registration application form transmitted
to a registrant by mail;
``(2) any application for an absentee ballot transmitted to
an applicant by mail; and
``(3) any blank absentee ballot transmitted to a voter by
mail.
``(b) Prepayment of Postage.--Consistent with regulations of the
United States Postal Service, the State or the unit of local government
responsible for the administration of the election involved shall
prepay the postage on any envelope provided under subsection (a).
``(c) No Effect on Ballots or Balloting Materials Transmitted to
Absent Military and Overseas Voters.--Nothing in this section may be
construed to affect the treatment of any ballot or balloting materials
transmitted to an individual who is entitled to vote by absentee ballot
under the Uniformed and Overseas Citizens Absentee Voting Act (52
U.S.C. 20301 et seq.).
``(d) Effective Date.--This section shall take effect on the date
that is 90 days after the date of the enactment of this section, except
that--
``(1) State and local jurisdictions shall make arrangements
with the United States Postal Service to pay for all postage
costs that such jurisdictions would be required to pay under
this section if this section took effect on the date of
enactment; and
``(2) States shall take all reasonable efforts to provide
self-sealing return envelopes as provided in this section.''.
(2) Clerical amendment.--The table of contents of such Act,
as amended by section 1031(c), section 1101(c), section
1611(c), and section 1621(b), is amended--
(A) by redesignating the items relating to sections
309 and 310 as relating to sections 310 and 311; and
(B) by inserting after the item relating to section
308 the following new item:
``Sec. 309. Prepayment of postage on return envelopes for voting
materials.''.
(b) Role of United States Postal Service.--
(1) In general.--Chapter 34 of title 39, United States
Code, is amended by adding after section 3406 the following:
``Sec. 3407. Voting materials; restrictions on operational changes
prior to elections
``(a) Any voter registration application, absentee ballot
application, or absentee ballot with respect to any election for
Federal office shall be carried in accordance with the service
standards established for first-class mail, regardless of the class of
postage prepaid.
``(b) In the case of any election mail carried by the Postal
Service that consists of a ballot, the Postal Service shall indicate on
the ballot envelope, using a postmark or otherwise--
``(1) the fact that the ballot was carried by the Postal
Service; and
``(2) the date on which the ballot was mailed.
``(c) During the 120-day period which ends on the date of an
election for Federal office, the Postal Service may not carry out any
new operational change that would restrict the prompt and reliable
delivery of voting materials with respect to the election, including
voter registration applications, absentee ballot applications, and
absentee ballots. This paragraph applies to operational changes which
include removing or eliminating any mail collection box without
immediately replacing it, and removing, decommissioning, or any other
form of stopping the operation of mail sorting machines, other than for
routine maintenance.
``(d) The Postal Service shall appoint an Election Mail Coordinator
in every Postal Area and District to facilitate relevant information
sharing with State, territorial, local, and tribal election officials
in regards to the mailing of voter registration applications, absentee
ballot applications, and absentee ballots.
``(e) As used in this section--
``(1) the term `absentee ballot' means any ballot
transmitted by a voter by mail in an election for Federal
office, but does not include any ballot covered by section
3406; and
``(2) the term `election for Federal office' means a
general, special, primary, or runoff election for the office of
President or Vice President, or of Senator or Representative
in, or Delegate or Resident Commissioner to, the Congress.
``(f) Nothing in this section may be construed to affect the
treatment of any ballot or balloting materials transmitted to an
individual who is entitled to vote by absentee ballot under the
Uniformed and Overseas Citizens Absentee Voting Act (52 U.S.C. 20301 et
seq.).''.
(2) Mail-in ballots and postal service barcode service.--
(A) In general.--Section 3001 of title 39, United
States Code, is amended by adding at the end the
following:
``(p) Any ballot sent within the United States for an election for
Federal office is nonmailable and shall not be carried or delivered by
mail unless the ballot is mailed in an envelope that--
``(1) contains a Postal Service barcode (or successive
service or marking) that enables tracking of each individual
ballot;
``(2) satisfies requirements for ballot envelope design
that the Postal Service may promulgate by regulation;
``(3) satisfies requirements for machineable letters that
the Postal Service may promulgate by regulation; and
``(4) includes the Official Election Mail Logo (or any
successor label that the Postal Service may establish for
ballots).''.
(B) Application.--The amendment made by subsection
(a) shall apply to any election for Federal office
occurring after the date of enactment of this Act.
(3) Clerical amendment.--The table of sections for chapter
34 of such title is amended by inserting after the item
relating to section 3406 the following:
``3407. Voting materials; restrictions on operational changes prior to
elections.''.
SEC. 1624. STUDY AND REPORT ON VOTE-BY-MAIL PROCEDURES.
(a) Study.--The Election Assistance Commission shall conduct a
study on the 2020 elections and compile a list of recommendations to--
(1) help States transitioning to vote-by-mail procedures;
and
(2) improve their current vote-by-mail systems.
(b) Report.--Not later than January 1, 2022, the Election
Assistance Commission shall submit to Congress a report on the study
conducted under subsection (a).
Subtitle J--Absent Uniformed Services Voters and Overseas Voters
SEC. 1701. PRE-ELECTION REPORTS ON AVAILABILITY AND TRANSMISSION OF
ABSENTEE BALLOTS.
Section 102(c) of the Uniformed and Overseas Citizens Absentee
Voting Act (52 U.S.C. 20302(c)) is amended to read as follows:
``(c) Reports on Availability, Transmission, and Receipt of
Absentee Ballots.--
``(1) Pre-election report on absentee ballot
availability.--Not later than 55 days before any regularly
scheduled general election for Federal office, each State shall
submit a report to the Attorney General, the Election
Assistance Commission (hereafter in this subsection referred to
as the `Commission'), and the Presidential Designee, and make
that report publicly available that same day, certifying that
absentee ballots for the election are or will be available for
transmission to absent uniformed services voters and overseas
voters by not later than 45 days before the election. The
report shall be in a form prescribed jointly by the Attorney
General and the Commission and shall require the State to
certify specific information about ballot availability from
each unit of local government which will administer the
election.
``(2) Pre-election report on absentee ballot
transmission.--Not later than 43 days before any regularly
scheduled general election for Federal office, each State shall
submit a report to the Attorney General, the Commission, and
the Presidential Designee, and make that report publicly
available that same day, certifying whether all absentee
ballots have been transmitted by not later than 45 days before
the election to all qualified absent uniformed services and
overseas voters whose requests were received at least 45 days
before the election. The report shall be in a form prescribed
jointly by the Attorney General and the Commission, and shall
require the State to certify specific information about ballot
transmission, including the total numbers of ballot requests
received and ballots transmitted, from each unit of local
government which will administer the election.
``(3) Post-election report on number of absentee ballots
transmitted and received.--Not later than 90 days after the
date of each regularly scheduled general election for Federal
office, each State and unit of local government which
administered the election shall (through the State, in the case
of a unit of local government) submit a report to the Attorney
General, the Commission, and the Presidential Designee on the
combined number of absentee ballots transmitted to absent
uniformed services voters and overseas voters for the election
and the combined number of such ballots which were returned by
such voters and cast in the election, and shall make such
report available to the general public that same day.''.
SEC. 1702. ENFORCEMENT.
(a) Availability of Civil Penalties and Private Rights of Action.--
Section 105 of the Uniformed and Overseas Citizens Absentee Voting Act
(52 U.S.C. 20307) is amended to read as follows:
``SEC. 105. ENFORCEMENT.
``(a) Action by Attorney General.--
``(1) In general.--The Attorney General may bring civil
action in an appropriate district court for such declaratory or
injunctive relief as may be necessary to carry out this title.
``(2) Penalty.--In a civil action brought under paragraph
(1), if the court finds that the State violated any provision
of this title, it may, to vindicate the public interest, assess
a civil penalty against the State--
``(A) in an amount not to exceed $110,000 for each
such violation, in the case of a first violation; or
``(B) in an amount not to exceed $220,000 for each
such violation, for any subsequent violation.
``(3) Report to congress.--Not later than December 31 of
each year, the Attorney General shall submit to Congress an
annual report on any civil action brought under paragraph (1)
during the preceding year.
``(b) Private Right of Action.--A person who is aggrieved by a
State's violation of this title may bring a civil action in an
appropriate district court for such declaratory or injunctive relief as
may be necessary to carry out this title.
``(c) State as Only Necessary Defendant.--In any action brought
under this section, the only necessary party defendant is the State,
and it shall not be a defense to any such action that a local election
official or a unit of local government is not named as a defendant,
notwithstanding that a State has exercised the authority described in
section 576 of the Military and Overseas Voter Empowerment Act to
delegate to another jurisdiction in the State any duty or
responsibility which is the subject of an action brought under this
section.''.
(b) Effective Date.--The amendments made by this section shall
apply with respect to violations alleged to have occurred on or after
the date of the enactment of this Act.
SEC. 1703. REVISIONS TO 45-DAY ABSENTEE BALLOT TRANSMISSION RULE.
(a) Repeal of Waiver Authority.--
(1) In general.--Section 102 of the Uniformed and Overseas
Citizens Absentee Voting Act (52 U.S.C. 20302) is amended by
striking subsection (g).
(2) Conforming amendment.--Section 102(a)(8)(A) of such Act
(52 U.S.C. 20302(a)(8)(A)) is amended by striking ``except as
provided in subsection (g),''.
(b) Requiring Use of Express Delivery in Case of Failure To Meet
Requirement.--Section 102 of such Act (52 U.S.C. 20302), as amended by
subsection (a), is amended by inserting after subsection (f) the
following new subsection:
``(g) Requiring Use of Express Delivery in Case of Failure To
Transmit Ballots Within Deadlines.--
``(1) Transmission of ballot by express delivery.--If a
State fails to meet the requirement of subsection (a)(8)(A) to
transmit a validly requested absentee ballot to an absent
uniformed services voter or overseas voter not later than 45
days before the election (in the case in which the request is
received at least 45 days before the election)--
``(A) the State shall transmit the ballot to the
voter by express delivery; or
``(B) in the case of a voter who has designated
that absentee ballots be transmitted electronically in
accordance with subsection (f)(1), the State shall
transmit the ballot to the voter electronically.
``(2) Special rule for transmission fewer than 40 days
before the election.--If, in carrying out paragraph (1), a
State transmits an absentee ballot to an absent uniformed
services voter or overseas voter fewer than 40 days before the
election, the State shall enable the ballot to be returned by
the voter by express delivery, except that in the case of an
absentee ballot of an absent uniformed services voter for a
regularly scheduled general election for Federal office, the
State may satisfy the requirement of this paragraph by
notifying the voter of the procedures for the collection and
delivery of such ballots under section 103A.
``(3) Payment for use of express delivery.--The State shall
be responsible for the payment of the costs associated with the
use of express delivery for the transmittal of ballots under
this subsection.''.
(c) Clarification of Treatment of Weekends.--Section 102(a)(8)(A)
of such Act (52 U.S.C. 20302(a)(8)(A)) is amended by striking ``the
election;'' and inserting the following: ``the election (or, if the
45th day preceding the election is a weekend or legal public holiday,
not later than the most recent weekday which precedes such 45th day and
which is not a legal public holiday, but only if the request is
received by at least such most recent weekday);''.
SEC. 1704. USE OF SINGLE ABSENTEE BALLOT APPLICATION FOR SUBSEQUENT
ELECTIONS.
(a) In General.--Section 104 of the Uniformed and Overseas Citizens
Absentee Voting Act (52 U.S.C. 20306) is amended to read as follows:
``SEC. 104. USE OF SINGLE APPLICATION FOR SUBSEQUENT ELECTIONS.
``(a) In General.--If a State accepts and processes an official
post card form (prescribed under section 101) submitted by an absent
uniformed services voter or overseas voter for simultaneous voter
registration and absentee ballot application (in accordance with
section 102(a)(4)) and the voter requests that the application be
considered an application for an absentee ballot for each subsequent
election for Federal office held in the State through the next
regularly scheduled general election for Federal office (including any
runoff elections which may occur as a result of the outcome of such
general election), the State shall provide an absentee ballot to the
voter for each such subsequent election.
``(b) Exception for Voters Changing Registration.--Subsection (a)
shall not apply with respect to a voter registered to vote in a State
for any election held after the voter notifies the State that the voter
no longer wishes to be registered to vote in the State or after the
State determines that the voter has registered to vote in another State
or is otherwise no longer eligible to vote in the State.
``(c) Prohibition of Refusal of Application on Grounds of Early
Submission.--A State may not refuse to accept or to process, with
respect to any election for Federal office, any otherwise valid voter
registration application or absentee ballot application (including the
postcard form prescribed under section 101) submitted by an absent
uniformed services voter or overseas voter on the grounds that the
voter submitted the application before the first date on which the
State otherwise accepts or processes such applications for that
election which are submitted by absentee voters who are not members of
the uniformed services or overseas citizens.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to voter registration and absentee ballot
applications which are submitted to a State or local election official
on or after the date of the enactment of this Act.
SEC. 1705. EXTENDING GUARANTEE OF RESIDENCY FOR VOTING PURPOSES TO
FAMILY MEMBERS OF ABSENT MILITARY PERSONNEL.
Section 102 of the Uniformed and Overseas Citizens Absentee Voting
Act (52 U.S.C. 20302) is amended by adding at the end the following new
subsection:
``(j) Guarantee of Residency for Spouses and Dependents of Absent
Members of Uniformed Service.--For the purposes of voting for in any
election for any Federal office or any State or local office, a spouse
or dependent of an individual who is an absent uniformed services voter
described in subparagraph (A) or (B) of section 107(1) shall not,
solely by reason of that individual's absence and without regard to
whether or not such spouse or dependent is accompanying that
individual--
``(1) be deemed to have lost a residence or domicile in
that State, without regard to whether or not that individual
intends to return to that State;
``(2) be deemed to have acquired a residence or domicile in
any other State; or
``(3) be deemed to have become a resident in or a resident
of any other State.''.
SEC. 1706. REQUIRING TRANSMISSION OF BLANK ABSENTEE BALLOTS UNDER
UOCAVA TO CERTAIN VOTERS.
(a) In General.--The Uniformed and Overseas Citizens Absentee
Voting Act (52 U.S.C. 20301 et seq.) is amended by inserting after
section 103B the following new section:
``SEC. 103C. TRANSMISSION OF BLANK ABSENTEE BALLOTS TO CERTAIN OTHER
VOTERS.
``(a) In General.--
``(1) State responsibilities.--Subject to the provisions of
this section, each State shall transmit blank absentee ballots
electronically to qualified individuals who request such
ballots in the same manner and under the same terms and
conditions under which the State transmits such ballots
electronically to absent uniformed services voters and overseas
voters under the provisions of section 102(f), except that no
such marked ballots shall be returned electronically.
``(2) Requirements.--Any blank absentee ballot transmitted
to a qualified individual under this section--
``(A) must comply with the language requirements
under section 203 of the Voting Rights Act of 1965 (52
U.S.C. 10503); and
``(B) must comply with the disability requirements
under section 508 of the Rehabilitation Act of 1973 (29
U.S.C. 794d).
``(3) Affirmation.--The State may not transmit a ballot to
a qualified individual under this section unless the individual
provides the State with a signed affirmation in electronic form
that--
``(A) the individual is a qualified individual (as
defined in subsection (b));
``(B) the individual has not and will not cast
another ballot with respect to the election; and
``(C) acknowledges that a material misstatement of
fact in completing the ballot may constitute grounds
for conviction of perjury.
``(4) Clarification regarding free postage.--An absentee
ballot obtained by a qualified individual under this section
shall be considered balloting materials as defined in section
107 for purposes of section 3406 of title 39, United States
Code.
``(5) Prohibiting refusal to accept ballot for failure to
meet certain requirements.--A State shall not refuse to accept
and process any otherwise valid blank absentee ballot which was
transmitted to a qualified individual under this section and
used by the individual to vote in the election solely on the
basis of the following:
``(A) Notarization or witness signature
requirements.
``(B) Restrictions on paper type, including weight
and size.
``(C) Restrictions on envelope type, including
weight and size.
``(b) Qualified Individual.--
``(1) In general.--In this section, except as provided in
paragraph (2), the term `qualified individual' means any
individual who is otherwise qualified to vote in an election
for Federal office and who meets any of the following
requirements:
``(A) The individual--
``(i) has previously requested an absentee
ballot from the State or jurisdiction in which
such individual is registered to vote; and
``(ii) has not received such absentee
ballot at least 2 days before the date of the
election.
``(B) The individual--
``(i) resides in an area of a State with
respect to which an emergency or public health
emergency has been declared by the chief
executive of the State or of the area involved
within 5 days of the date of the election under
the laws of the State due to reasons including
a natural disaster, including severe weather,
or an infectious disease; and
``(ii) has not previously requested an
absentee ballot.
``(C) The individual expects to be absent from such
individual's jurisdiction on the date of the election
due to professional or volunteer service in response to
a natural disaster or emergency as described in
subparagraph (B).
``(D) The individual is hospitalized or expects to
be hospitalized on the date of the election.
``(E) The individual is an individual with a
disability (as defined in section 3 of the Americans
with Disabilities Act of 1990 (42 U.S.C. 12102)) and
resides in a State which does not offer voters the
ability to use secure and accessible remote ballot
marking. For purposes of this subparagraph, a State
shall permit an individual to self-certify that the
individual is an individual with a disability.
``(2) Exclusion of absent uniformed services and overseas
voters.--The term `qualified individual' shall not include an
absent uniformed services voter or an overseas voter.
``(c) State.--For purposes of this section, the term `State'
includes the District of Columbia, the Commonwealth of Puerto Rico,
Guam, American Samoa, the United States Virgin Islands, and the
Commonwealth of the Northern Mariana Islands.
``(d) Effective Date.--This section shall apply with respect to the
regularly scheduled general election for Federal office held in
November 2022 and each succeeding election for Federal office.''.
(b) Conforming Amendment.--Section 102(a) of such Act (52 U.S.C.
20302(a)) is amended--
(1) by striking ``and'' at the end of paragraph (10);
(2) by striking the period at the end of paragraph (11) and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(12) meet the requirements of section 103C with respect
to the provision of blank absentee ballots for the use of
qualified individuals described in such section.''.
(c) Clerical Amendments.--The table of contents of such Act is
amended by inserting the following after section 103:
``Sec. 103A. Procedures for collection and delivery of marked absentee
ballots of absent overseas uniformed
services voters.
``Sec. 103B. Federal voting assistance program improvements.
``Sec. 103C. Transmission of blank absentee ballots to certain other
voters.''.
SEC. 1707. DEPARTMENT OF JUSTICE REPORT ON VOTER DISENFRANCHISEMENT.
Not later than 1 year of enactment of this Act, the Attorney
General shall submit to Congress a report on the impact of wide-spread
mail-in voting on the ability of active duty military servicemembers to
vote, how quickly their votes are counted, and whether higher volumes
of mail-in votes makes it harder for such individuals to vote in
federal elections.
SEC. 1708. EFFECTIVE DATE.
Except as provided in section 1702(b) and section 1704(b), the
amendments made by this subtitle shall apply with respect to elections
occurring on or after January 1, 2022.
Subtitle K--Poll Worker Recruitment and Training
SEC. 1801. GRANTS TO STATES FOR POLL WORKER RECRUITMENT AND TRAINING.
(a) Grants by Election Assistance Commission.--
(1) In general.--The Election Assistance Commission
(hereafter referred to as the ``Commission'') shall, subject to
the availability of appropriations provided to carry out this
section, make a grant to each eligible State for recruiting and
training individuals to serve as poll workers on dates of
elections for public office.
(2) Use of commission materials.--In carrying out
activities with a grant provided under this section, the
recipient of the grant shall use the manual prepared by the
Commission on successful practices for poll worker recruiting,
training and retention as an interactive training tool, and
shall develop training programs with the participation and
input of experts in adult learning.
(3) Access and cultural considerations.--The Commission
shall ensure that the manual described in paragraph (2)
provides training in methods that will enable poll workers to
provide access and delivery of services in a culturally
competent manner to all voters who use their services,
including those with limited English proficiency, diverse
cultural and ethnic backgrounds, disabilities, and regardless
of gender, sexual orientation, or gender identity. These
methods must ensure that each voter will have access to poll
worker services that are delivered in a manner that meets the
unique needs of the voter.
(b) Requirements for Eligibility.--
(1) Application.--Each State that desires to receive a
payment under this section shall submit an application for the
payment to the Commission at such time and in such manner and
containing such information as the Commission shall require.
(2) Contents of application.--Each application submitted
under paragraph (1) shall--
(A) describe the activities for which assistance
under this section is sought;
(B) provide assurances that the funds provided
under this section will be used to supplement and not
supplant other funds used to carry out the activities;
(C) provide assurances that the State will furnish
the Commission with information on the number of
individuals who served as poll workers after
recruitment and training with the funds provided under
this section;
(D) provide assurances that the State will dedicate
poll worker recruitment efforts with respect to youth
and minors, including by recruiting at institutions of
higher education and secondary education; and
(E) provide such additional information and
certifications as the Commission determines to be
essential to ensure compliance with the requirements of
this section.
(c) Amount of Grant.--
(1) In general.--The amount of a grant made to a State
under this section shall be equal to the product of--
(A) the aggregate amount made available for grants
to States under this section; and
(B) the voting age population percentage for the
State.
(2) Voting age population percentage defined.--In paragraph
(1), the ``voting age population percentage'' for a State is
the quotient of--
(A) the voting age population of the State (as
determined on the basis of the most recent information
available from the Bureau of the Census); and
(B) the total voting age population of all States
(as determined on the basis of the most recent
information available from the Bureau of the Census).
(d) Reports to Congress.--
(1) Reports by recipients of grants.--Not later than 6
months after the date on which the final grant is made under
this section, each recipient of a grant shall submit a report
to the Commission on the activities conducted with the funds
provided by the grant.
(2) Reports by commission.--Not later than 1 year after the
date on which the final grant is made under this section, the
Commission shall submit a report to Congress on the grants made
under this section and the activities carried out by recipients
with the grants, and shall include in the report such
recommendations as the Commission considers appropriate.
(e) Funding.--
(1) Continuing availability of amount appropriated.--Any
amount appropriated to carry out this section shall remain
available without fiscal year limitation until expended.
(2) Administrative expenses.--Of the amount appropriated
for any fiscal year to carry out this section, not more than 3
percent shall be available for administrative expenses of the
Commission.
SEC. 1802. STATE DEFINED.
In this subtitle, the term ``State'' includes the District of
Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the
United States Virgin Islands, and the Commonwealth of the Northern
Mariana Islands.
Subtitle L--Enhancement of Enforcement
SEC. 1811. ENHANCEMENT OF ENFORCEMENT OF HELP AMERICA VOTE ACT OF 2002.
(a) Complaints; Availability of Private Right of Action.--Section
401 of the Help America Vote Act of 2002 (52 U.S.C. 21111) is amended--
(1) by striking ``The Attorney General'' and inserting
``(a) In General.--The Attorney General''; and
(2) by adding at the end the following new subsections:
``(b) Filing of Complaints by Aggrieved Persons.--
``(1) In general.--A person who is aggrieved by a violation
of title III which has occurred, is occurring, or is about to
occur may file a written, signed, notarized complaint with the
Attorney General describing the violation and requesting the
Attorney General to take appropriate action under this section.
The Attorney General shall immediately provide a copy of a
complaint filed under the previous sentence to the entity
responsible for administering the State-based administrative
complaint procedures described in section 402(a) for the State
involved.
``(2) Response by attorney general.--The Attorney General
shall respond to each complaint filed under paragraph (1), in
accordance with procedures established by the Attorney General
that require responses and determinations to be made within the
same (or shorter) deadlines which apply to a State under the
State-based administrative complaint procedures described in
section 402(a)(2). The Attorney General shall immediately
provide a copy of the response made under the previous sentence
to the entity responsible for administering the State-based
administrative complaint procedures described in section 402(a)
for the State involved.
``(c) Availability of Private Right of Action.--Any person who is
authorized to file a complaint under subsection (b)(1) (including any
individual who seeks to enforce the individual's right to a voter-
verified paper ballot, the right to have the voter-verified paper
ballot counted in accordance with this Act, or any other right under
title III) may file an action under section 1979 of the Revised
Statutes of the United States (42 U.S.C. 1983) to enforce the uniform
and nondiscriminatory election technology and administration
requirements under subtitle A of title III.
``(d) No Effect on State Procedures.--Nothing in this section may
be construed to affect the availability of the State-based
administrative complaint procedures required under section 402 to any
person filing a complaint under this subsection.''.
(b) Effective Date.--The amendments made by this section shall
apply with respect to violations occurring with respect to elections
for Federal office held in 2022 or any succeeding year.
Subtitle M--Federal Election Integrity
SEC. 1821. PROHIBITION ON CAMPAIGN ACTIVITIES BY CHIEF STATE ELECTION
ADMINISTRATION OFFICIALS.
(a) In General.--Title III of the Federal Election Campaign Act of
1971 (52 U.S.C. 30101 et seq.) is amended by inserting after section
319 the following new section:
``campaign activities by chief state election administration officials
``Sec. 319A. (a) Prohibition.--It shall be unlawful for a chief
State election administration official to take an active part in
political management or in a political campaign with respect to any
election for Federal office over which such official has supervisory
authority.
``(b) Chief State Election Administration Official.--The term
`chief State election administration official' means the highest State
official with responsibility for the administration of Federal
elections under State law.
``(c) Active Part in Political Management or in a Political
Campaign.--The term `active part in political management or in a
political campaign' means--
``(1) holding any position (including any unpaid or
honorary position) with an authorized committee of a candidate,
or participating in any decision-making of an authorized
committee of a candidate;
``(2) the use of official authority or influence for the
purpose of interfering with or affecting the result of an
election for Federal office;
``(3) the solicitation, acceptance, or receipt of a
contribution from any person on behalf of a candidate for
Federal office; and
``(4) any other act which would be prohibited under
paragraph (2) or (3) of section 7323(b) of title 5, United
States Code, if taken by an individual to whom such paragraph
applies (other than any prohibition on running for public
office).
``(d) Exception in Case of Recusal From Administration of Elections
Involving Official or Immediate Family Member.--
``(1) In general.--This section does not apply to a chief
State election administration official with respect to an
election for Federal office in which the official or an
immediate family member of the official is a candidate, but
only if--
``(A) such official recuses himself or herself from
all of the official's responsibilities for the
administration of such election; and
``(B) the official who assumes responsibility for
supervising the administration of the election does not
report directly to such official.
``(2) Immediate family member defined.--In paragraph (1),
the term `immediate family member' means, with respect to a
candidate, a father, mother, son, daughter, brother, sister,
husband, wife, father-in-law, or mother-in-law.''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply with respect to elections for Federal office held after December
2021.
Subtitle N--Promoting Voter Access Through Election Administration
Improvements
PART 1--PROMOTING VOTER ACCESS
SEC. 1901. TREATMENT OF INSTITUTIONS OF HIGHER EDUCATION.
(a) Treatment of Certain Institutions as Voter Registration
Agencies Under National Voter Registration Act of 1993.--Section 7(a)
of the National Voter Registration Act of 1993 (52 U.S.C. 20506(a)) is
amended--
(1) in paragraph (2)--
(A) by striking ``and'' at the end of subparagraph
(A);
(B) by striking the period at the end of
subparagraph (B) and inserting ``; and''; and
(C) by adding at the end the following new
subparagraph:
``(C) each institution of higher education which
has a program participation agreement in effect with
the Secretary of Education under section 487 of the
Higher Education Act of 1965 (20 U.S.C. 1094), other
than an institution which is treated as a contributing
agency under the Automatic Voter Registration Act of
2021.''; and
(2) in paragraph (6)(A), by inserting ``or, in the case of
an institution of higher education, with each registration of a
student for enrollment in a course of study, including
enrollment in a program of distance education, as defined in
section 103(7) of the Higher Education Act of 1965 (20 U.S.C.
1003(7)),'' after ``assistance,''.
(b) Responsibilities of Institutions Under Higher Education Act of
1965.--
(1) In general.--Section 487(a)(23) of the Higher Education
Act of 1965 (20 U.S.C. 1094(a)(23)) is amended to read as
follows:
``(23)(A)(i) The institution will ensure that an
appropriate staff person or office is designated publicly as a
`Campus Vote Coordinator' and will ensure that such person's or
office's contact information is included on the institution's
website.
``(ii) Not fewer than twice during each calendar year
(beginning with 2021), the Campus Vote Coordinator shall
transmit electronically to each student enrolled in the
institution (including students enrolled in distance education
programs) a message containing the following information:
``(I) Information on the location of polling places
in the jurisdiction in which the institution is
located, together with information on available methods
of transportation to and from such polling places.
``(II) A referral to a government-affiliated
website or online platform which provides centralized
voter registration information for all States,
including access to applicable voter registration forms
and information to assist individuals who are not
registered to vote in registering to vote.
``(III) Any additional voter registration and
voting information the Coordinator considers
appropriate, in consultation with the appropriate State
election official.
``(iii) In addition to transmitting the message described
in clause (ii) not fewer than twice during each calendar year,
the Campus Vote Coordinator shall transmit the message under
such clause, and shall include on the institution's website and
boost awareness on the institution's social media platforms,
not fewer than 30 days prior to the deadline for registering to
vote for any election for Federal, State, or local office in
the State.
``(B) If the institution in its normal course of operations
requests each student registering for enrollment in a course of
study, including students registering for enrollment in a
program of distance education, to affirm whether or not the
student is a United States citizen, the institution will comply
with the applicable requirements for a contributing agency
under the Automatic Voter Registration Act of 2021.
``(C) If the institution is not described in subparagraph
(B), the institution will comply with the requirements for a
voter registration agency in the State in which it is located
in accordance with section 7 of the National Voter Registration
Act of 1993 (52 U.S.C. 20506).
``(D) This paragraph applies only with respect to an
institution which is located in a State to which section 4(b)
of the National Voter Registration Act of 1993 (52 U.S.C.
20503(b)) does not apply.''.
(2) Effective date.--The amendments made by this subsection
shall apply with respect to elections held on or after January
1, 2022.
(c) Grants to Institutions Demonstrating Excellence in Student
Voter Registration.--
(1) Grants authorized.--The Secretary of Education may
award competitive grants to public and private nonprofit
institutions of higher education that are subject to the
requirements of section 487(a)(23) of the Higher Education Act
of 1965 (20 U.S.C. 1094(a)(23)), as amended by subsection (a),
and that the Secretary determines have demonstrated excellence
in registering students to vote in elections for public office
beyond meeting the minimum requirements of such section.
(2) Eligibility.--An institution of higher education is
eligible to receive a grant under this subsection if the
institution submits to the Secretary of Education, at such time
and in such form as the Secretary may require, an application
containing such information and assurances as the Secretary may
require to make the determination described in paragraph (1),
including information and assurances that the institution
carried out activities to promote voter registration by
students, such as the following:
(A) Sponsoring large on-campus voter mobilization
efforts.
(B) Engaging the surrounding community in
nonpartisan voter registration and get out the vote
efforts, including initiatives to facilitate the
enfranchisement of groups of individuals that have
historically faced barriers to voting.
(C) Creating a website for students with
centralized information about voter registration and
election dates.
(D) Inviting candidates to speak on campus.
(E) Offering rides to students to the polls to
increase voter education, registration, and
mobilization.
(3) Authorization of appropriations.--There are authorized
to be appropriated for fiscal year 2022 and each succeeding
fiscal year such sums as may be necessary to award grants under
this subsection. Of the funds appropriated, the Secretary shall
ensure that 25 percent is reserved for Minority Institutions
described in section 371(a) of the Higher Education Act of 1965
(20 U.S.C. 1067q(a)).
(d) Sense of Congress Relating to Option of Students To Register in
Jurisdiction of Institution of Higher Education or Jurisdiction of
Domicile.--It is the sense of Congress that, as provided under existing
law, students who attend an institution of higher education and reside
in the jurisdiction of the institution while attending the institution
should have the option of registering to vote, without being subjected
to intimidation or deceptive practices, in elections for Federal office
in that jurisdiction or in the jurisdiction of their own domicile.
SEC. 1902. MINIMUM NOTIFICATION REQUIREMENTS FOR VOTERS AFFECTED BY
POLLING PLACE CHANGES.
(a) Requirements.--Section 302 of the Help America Vote Act of 2002
(52 U.S.C. 21082), as amended by section 1601(a), is amended--
(1) by redesignating subsection (f) as subsection (g); and
(2) by inserting after subsection (e) the following new
subsection:
``(f) Minimum Notification Requirements for Voters Affected by
Polling Place Changes.--
``(1) In general.--If a State assigns an individual who is
a registered voter in a State to a polling place with respect
to an election for Federal office which is not the same polling
place to which the individual was previously assigned with
respect to the most recent election for Federal office in the
State in which the individual was eligible to vote--
``(A) the State shall notify the individual of the
location of the polling place not later than 7 days
before the date of the election or the first day of an
early voting period (whichever occurs first); or
``(B) if the State makes such an assignment fewer
than 7 days before the date of the election and the
individual appears on the date of the election at the
polling place to which the individual was previously
assigned, the State shall make every reasonable effort
to enable the individual to vote on the date of the
election.
``(2) Methods of notification.--The State shall notify an
individual under subparagraph (A) of paragraph (1) by mail,
telephone, and (if available) text message and electronic mail,
taking into consideration factors which include the linguistic
preferences of voters in the jurisdiction.
``(3) Placement of signs at closed polling places.--If a
location which served as a polling place in an election for
Federal office does not serve as a polling place in the next
election for Federal office held in the jurisdiction involved,
the State shall ensure that signs are posted at such location
on the date of the election and during any early voting period
for the election containing the following information, taking
into consideration factors which include the linguistic
preferences of voters in the jurisdiction:
``(A) A statement that the location is not serving
as a polling place in the election.
``(B) The locations serving as polling places in
the election in the jurisdiction involved.
``(C) Contact information, including a telephone
number and website, for the appropriate State or local
election official through which an individual may find
the polling place to which the individual is assigned
for the election.
``(4) Effective date.--This subsection shall apply with
respect to elections held on or after January 1, 2021.''.
(b) Conforming Amendment.--Section 302(g) of such Act (52 U.S.C.
21082(g)), as redesignated by subsection (a) and as amended by section
1601(b), is amended by striking ``(d)(2) and (e)(2)'' and inserting
``(d)(2), (e)(2), and (f)(4)''.
SEC. 1903. PERMITTING USE OF SWORN WRITTEN STATEMENT TO MEET
IDENTIFICATION REQUIREMENTS FOR VOTING.
(a) Permitting Use of Statement.--Title III of the Help America
Vote Act of 2002 (52 U.S.C. 21081 et seq.) is amended by inserting
after section 303 the following new section:
``SEC. 303A. PERMITTING USE OF SWORN WRITTEN STATEMENT TO MEET
IDENTIFICATION REQUIREMENTS.
``(a) Use of Statement.--
``(1) In general.--Except as provided in subsection (c), if
a State has in effect a requirement that an individual present
identification as a condition of receiving and casting a ballot
in an election for Federal office, the State shall permit the
individual to meet the requirement--
``(A) in the case of an individual who desires to
vote in person, by presenting the appropriate State or
local election official with a sworn written statement,
signed by the individual under penalty of perjury,
attesting to the individual's identity and attesting
that the individual is eligible to vote in the
election; or
``(B) in the case of an individual who desires to
vote by mail, by submitting with the ballot the
statement described in subparagraph (A).
``(2) Development of pre-printed version of statement by
commission.--The Commission shall develop a pre-printed version
of the statement described in paragraph (1)(A) which includes a
blank space for an individual to provide a name and signature
for use by election officials in States which are subject to
paragraph (1).
``(3) Providing pre-printed copy of statement.--A State
which is subject to paragraph (1) shall--
``(A) make copies of the pre-printed version of the
statement described in paragraph (1)(A) which is
prepared by the Commission available at polling places
for election officials to distribute to individuals who
desire to vote in person; and
``(B) include a copy of such pre-printed version of
the statement with each blank absentee or other ballot
transmitted to an individual who desires to vote by
mail.
``(b) Requiring Use of Ballot in Same Manner as Individuals
Presenting Identification.--An individual who presents or submits a
sworn written statement in accordance with subsection (a)(1) shall be
permitted to cast a ballot in the election in the same manner as an
individual who presents identification.
``(c) Exception for First-Time Voters Registering by Mail.--
Subsections (a) and (b) do not apply with respect to any individual
described in paragraph (1) of section 303(b) who is required to meet
the requirements of paragraph (2) of such section.''.
(b) Requiring States To Include Information on Use of Sworn Written
Statement in Voting Information Material Posted at Polling Places.--
Section 302(b)(2) of such Act (52 U.S.C. 21082(b)(2)), as amended by
section 1072(b) and section 1202(b), is amended--
(1) by striking ``and'' at the end of subparagraph (G);
(2) by striking the period at the end of subparagraph (H)
and inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(I) in the case of a State that has in effect a
requirement that an individual present identification
as a condition of receiving and casting a ballot in an
election for Federal office, information on how an
individual may meet such requirement by presenting a
sworn written statement in accordance with section
303A.''.
(c) Clerical Amendment.--The table of contents of such Act is
amended by inserting after the item relating to section 303 the
following new item:
``Sec. 303A. Permitting use of sworn written statement to meet
identification requirements.''.
(e) Effective Date.--The amendments made by this section shall
apply with respect to elections occurring on or after the date of the
enactment of this Act.
SEC. 1904. ACCOMMODATIONS FOR VOTERS RESIDING IN INDIAN LANDS.
(a) Accommodations Described.--
(1) Designation of ballot pickup and collection
locations.--Given the widespread lack of residential mail
delivery in Indian Country, an Indian Tribe may designate
buildings as ballot pickup and collection locations with
respect to an election for Federal office at no cost to the
Indian Tribe. An Indian Tribe may designate one building per
precinct located within Indian lands. The applicable State or
political subdivision shall collect ballots from those
locations. The applicable State or political subdivision shall
provide the Indian Tribe with accurate precinct maps for all
precincts located within Indian lands 60 days before the
election.
(2) Provision of mail-in and absentee ballots.--The State
or political subdivision shall provide mail-in and absentee
ballots with respect to an election for Federal office to each
individual who is registered to vote in the election who
resides on Indian lands in the State or political subdivision
involved without requiring a residential address or a mail-in
or absentee ballot request.
(3) Use of designated building as residential and mailing
address.--The address of a designated building that is a ballot
pickup and collection location with respect to an election for
Federal office may serve as the residential address and mailing
address for voters living on Indian lands if the tribally
designated building is in the same precinct as that voter. If
there is no tribally designated building within a voter's
precinct, the voter may use another tribally designated
building within the Indian lands where the voter is located.
Voters using a tribally designated building outside of the
voter's precinct may use the tribally designated building as a
mailing address and may separately designate the voter's
appropriate precinct through a description of the voter's
address, as specified in section 9428.4(a)(2) of title 11, Code
of Federal Regulations.
(4) Language accessibility.--In the case of a State or
political subdivision that is a covered State or political
subdivision under section 203 of the Voting Rights Act of 1965
(52 U.S.C. 10503), that State or political subdivision shall
provide absentee or mail-in voting materials with respect to an
election for Federal office in the language of the applicable
minority group as well as in the English language, bilingual
election voting assistance, and written translations of all
voting materials in the language of the applicable minority
group, as required by section 203 of the Voting Rights Act of
1965 (52 U.S.C. 10503), as amended by subsection (b).
(5) Clarification.--Nothing in this section alters the
ability of an individual voter residing on Indian lands to
request a ballot in a manner available to all other voters in
the State.
(6) Definitions.--In this section:
(A) Election for federal office.--The term
``election for Federal office'' means a general,
special, primary or runoff election for the office of
President or Vice President, or of Senator or
Representative in, or Delegate or Resident Commissioner
to, the Congress.
(B) Indian.--The term ``Indian'' has the meaning
given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C.
5304).
(C) Indian lands.--The term ``Indian lands''
includes--
(i) any Indian country of an Indian Tribe,
as defined under section 1151 of title 18,
United States Code;
(ii) any land in Alaska owned, pursuant to
the Alaska Native Claims Settlement Act (43
U.S.C. 1601 et seq.), by an Indian Tribe that
is a Native village (as defined in section 3 of
that Act (43 U.S.C. 1602)) or by a Village
Corporation that is associated with an Indian
Tribe (as defined in section 3 of that Act (43
U.S.C. 1602));
(iii) any land on which the seat of the
Tribal Government is located; and
(iv) any land that is part or all of a
Tribal designated statistical area associated
with an Indian Tribe, or is part or all of an
Alaska Native village statistical area
associated with an Indian Tribe, as defined by
the Census Bureau for the purposes of the most
recent decennial census.
(D) Indian tribe.--The term ``Indian Tribe'' has
the meaning given the term ``Indian tribe'' in section
4 of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. 5304).
(E) Tribal government.--The term ``Tribal
Government'' means the recognized governing body of an
Indian Tribe.
(7) Enforcement.--
(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 subsection.
(B) Private right of action.--
(i) A person or Tribal Government who is
aggrieved by a violation of this subsection may
provide written notice of the violation to the
chief election official of the State involved.
(ii) An aggrieved person or Tribal
Government may bring a civil action in an
appropriate district court for declaratory or
injunctive relief with respect to a violation
of this subsection, if--
(I) that person or Tribal
Government provides the notice
described in clause (i); and
(II)(aa) in the case of a violation
that occurs more than 120 days before
the date of an election for Federal
office, the violation remains and 90
days or more have passed since the date
on which the chief election official of
the State receives the notice under
clause (i); or
(bb) in the case of a violation
that occurs 120 days or less before the
date of an election for Federal office,
the violation remains and 20 days or
more have passed since the date on
which the chief election official of
the State receives the notice under
clause (i).
(iii) In the case of a violation of this
section that occurs 30 days or less before the
date of an election for Federal office, an
aggrieved person or Tribal Government may bring
a civil action in an appropriate district court
for declaratory or injunctive relief with
respect to the violation without providing
notice to the chief election official of the
State under clause (i).
(b) Bilingual Election Requirements.--Section 203 of the Voting
Rights Act of 1965 (52 U.S.C. 10503) is amended--
(1) in subsection (b)(3)(C)), by striking ``1990'' and
inserting ``2010''; and
(2) by striking subsection (c) and inserting the following:
``(c) Provision of Voting Materials in the Language of a Minority
Group.--
``(1) In general.--Whenever any State or political
subdivision subject to the prohibition of subsection (b) of
this section provides any registration or voting notices,
forms, instructions, assistance, or other materials or
information relating to the electoral process, including
ballots, it shall provide them in the language of the
applicable minority group as well as in the English language.
``(2) Exceptions.--
``(A) In the case of a minority group that is not
American Indian or Alaska Native and the language of
that minority group is oral or unwritten, the State or
political subdivision shall only be required to
furnish, in the covered language, oral instructions,
assistance, translation of voting materials, or other
information relating to registration and voting.
``(B) In the case of a minority group that is
American Indian or Alaska Native, the State or
political subdivision shall only be required to furnish
in the covered language oral instructions, assistance,
or other information relating to registration and
voting, including all voting materials, if the Tribal
Government of that minority group has certified that
the language of the applicable American Indian or
Alaska Native language is presently unwritten or the
Tribal Government does not want written translations in
the minority language.
``(3) Written translations for election workers.--
Notwithstanding paragraph (2), the State or political division
may be required to provide written translations of voting
materials, with the consent of any applicable Indian Tribe, to
election workers to ensure that the translations from English
to the language of a minority group are complete, accurate, and
uniform.''.
(c) Effective Date.--This section and the amendments made by this
section shall apply with respect to the regularly scheduled general
election for Federal office held in November 2022 and each succeeding
election for Federal office.
SEC. 1905. VOTER INFORMATION RESPONSE SYSTEMS AND HOTLINE.
(a) Establishment and Operation of Systems and Services.--
(1) State-based response systems.--The Attorney General
shall coordinate the establishment of a State-based response
system for responding to questions and complaints from
individuals voting or seeking to vote, or registering to vote
or seeking to register to vote, in elections for Federal
office. Such system shall provide--
(A) State-specific, same-day, and immediate
assistance to such individuals, including information
on how to register to vote, the location and hours of
operation of polling places, and how to obtain absentee
ballots; and
(B) State-specific, same-day, and immediate
assistance to individuals encountering problems with
registering to vote or voting, including individuals
encountering intimidation or deceptive practices.
(2) Hotline.--The Attorney General, in consultation with
State election officials, shall establish and operate a toll-
free telephone service, using a telephone number that is
accessible throughout the United States and that uses easily
identifiable numerals, through which individuals throughout the
United States--
(A) may connect directly to the State-based
response system described in paragraph (1) with respect
to the State involved;
(B) may obtain information on voting in elections
for Federal office, including information on how to
register to vote in such elections, the locations and
hours of operation of polling places, and how to obtain
absentee ballots; and
(C) may report information to the Attorney General
on problems encountered in registering to vote or
voting, including incidences of voter intimidation or
suppression.
(3) Collaboration with state and local election
officials.--
(A) Collection of information from states.--The
Attorney General shall coordinate the collection of
information on State and local election laws and
policies, including information on the statewide
computerized voter registration lists maintained under
title III of the Help America Vote Act of 2002, so that
individuals who contact the free telephone service
established under paragraph (2) on the date of an
election for Federal office may receive an immediate
response on that day.
(B) Forwarding questions and complaints to
states.--If an individual contacts the free telephone
service established under paragraph (2) on the date of
an election for Federal office with a question or
complaint with respect to a particular State or
jurisdiction within a State, the Attorney General shall
forward the question or complaint immediately to the
appropriate election official of the State or
jurisdiction so that the official may answer the
question or remedy the complaint on that date.
(4) Consultation requirements for development of systems
and services.--The Attorney General shall ensure that the
State-based response system under paragraph (1) and the free
telephone service under paragraph (2) are each developed in
consultation with civil rights organizations, voting rights
groups, State and local election officials, voter protection
groups, and other interested community organizations,
especially those that have experience in the operation of
similar systems and services.
(b) Use of Service by Individuals With Disabilities and Individuals
With Limited English Language Proficiency.--The Attorney General shall
design and operate the telephone service established under this section
in a manner that ensures that individuals with disabilities are fully
able to use the service, and that assistance is provided in any
language in which the State (or any jurisdiction in the State) is
required to provide election materials under section 203 of the Voting
Rights Act of 1965.
(c) Voter Hotline Task Force.--
(1) Appointment by attorney general.--The Attorney General
shall appoint individuals (in such number as the Attorney
General considers appropriate but in no event fewer than 3) to
serve on a Voter Hotline Task Force to provide ongoing analysis
and assessment of the operation of the telephone service
established under this section, and shall give special
consideration in making appointments to the Task Force to
individuals who represent civil rights organizations. At least
one member of the Task Force shall be a representative of an
organization promoting voting rights or civil rights which has
experience in the operation of similar telephone services or in
protecting the rights of individuals to vote, especially
individuals who are members of racial, ethnic, or linguistic
minorities or of communities who have been adversely affected
by efforts to suppress voting rights.
(2) Eligibility.--An individual shall be eligible to serve
on the Task Force under this subsection if the individual meets
such criteria as the Attorney General may establish, except
that an individual may not serve on the task force if the
individual has been convicted of any criminal offense relating
to voter intimidation or voter suppression.
(3) Term of service.--An individual appointed to the Task
Force shall serve a single term of 2 years, except that the
initial terms of the members first appointed to the Task Force
shall be staggered so that there are at least 3 individuals
serving on the Task Force during each year. A vacancy in the
membership of the Task Force shall be filled in the same manner
as the original appointment.
(4) No compensation for service.--Members of the Task Force
shall serve without pay, but shall receive travel expenses,
including per diem in lieu of subsistence, in accordance with
applicable provisions under subchapter I of chapter 57 of title
5, United States Code.
(d) Bi-Annual Report to Congress.--Not later than March 1 of each
odd-numbered year, the Attorney General shall submit a report to
Congress on the operation of the telephone service established under
this section during the previous 2 years, and shall include in the
report--
(1) an enumeration of the number and type of calls that
were received by the service;
(2) a compilation and description of the reports made to
the service by individuals citing instances of voter
intimidation or suppression, together with a description of any
actions taken in response to such instances of voter
intimidation or suppression;
(3) an assessment of the effectiveness of the service in
making information available to all households in the United
States with telephone service;
(4) any recommendations developed by the Task Force
established under subsection (c) with respect to how voting
systems may be maintained or upgraded to better accommodate
voters and better ensure the integrity of elections, including
but not limited to identifying how to eliminate coordinated
voter suppression efforts and how to establish effective
mechanisms for distributing updates on changes to voting
requirements; and
(5) any recommendations on best practices for the State-
based response systems established under subsection (a)(1).
(e) Authorization of Appropriations.--
(1) Authorization.--There are authorized to be appropriated
to the Attorney General for fiscal year 2021 and each
succeeding fiscal year such sums as may be necessary to carry
out this section.
(2) Set-aside for outreach.--Of the amounts appropriated to
carry out this section for a fiscal year pursuant to the
authorization under paragraph (1), not less than 15 percent
shall be used for outreach activities to make the public aware
of the availability of the telephone service established under
this section, with an emphasis on outreach to individuals with
disabilities and individuals with limited proficiency in the
English language.
SEC. 1906. ENSURING EQUITABLE AND EFFICIENT OPERATION OF POLLING
PLACES.
(a) In General.--Subtitle A of title III of the Help America Vote
Act of 2002 (52 U.S.C. 21081 et seq.), as amended by section 1031(a),
section 1101(a), section 1611(a), section 1621(a), section 1622(a), and
section 1623(a), is amended--
(1) by redesignating sections 310 and 311 as sections 311
and 312; and
(2) by inserting after section 309 the following new
section:
``SEC. 310. ENSURING EQUITABLE AND EFFICIENT OPERATION OF POLLING
PLACES.
``(a) Preventing Unreasonable Waiting Times for Voters.--
``(1) In general.--Each State shall provide a sufficient
number of voting systems, poll workers, and other election
resources (including physical resources) at a polling place
used in any election for Federal office, including a polling
place at which individuals may cast ballots prior to the date
of the election, to ensure--
``(A) a fair and equitable waiting time for all
voters in the State; and
``(B) that no individual will be required to wait
longer than 30 minutes to cast a ballot at the polling
place.
``(2) Criteria.--In determining the number of voting
systems, poll workers, and other election resources provided at
a polling place for purposes of paragraph (1), the State shall
take into account the following factors:
``(A) The voting age population.
``(B) Voter turnout in past elections.
``(C) The number of voters registered.
``(D) The number of voters who have registered
since the most recent Federal election.
``(E) Census data for the population served by the
polling place, such as the proportion of the voting-age
population who are under 25 years of age or who are
naturalized citizens.
``(F) The needs and numbers of voters with
disabilities and voters with limited English
proficiency.
``(G) The type of voting systems used.
``(H) The length and complexity of initiatives,
referenda, and other questions on the ballot.
``(I) Such other factors, including relevant
demographic factors relating to the population served
by the polling place, as the State considers
appropriate.
``(3) Rule of construction.--Nothing in this subsection may
be construed to authorize a State to meet the requirements of
this subsection by closing any polling place, prohibiting an
individual from entering a line at a polling place, or refusing
to permit an individual who has arrived at a polling place
prior to closing time from voting at the polling place.
``(4) Guidelines.--Not later than 180 days after the date
of the enactment of this section, the Commission shall
establish and publish guidelines to assist States in meeting
the requirements of this subsection.
``(5) Effective date.--This subsection shall take effect
upon the expiration of the 180-day period which begins on the
date of the enactment of this subsection, without regard to
whether or not the Commission has established and published
guidelines under paragraph (4).
``(b) Limiting Variations on Number of Hours of Operation of
Polling Places Within a State.--
``(1) Limitation.--
``(A) In general.--Except as provided in
subparagraph (B) and paragraph (2), each State shall
establish hours of operation for all polling places in
the State on the date of any election for Federal
office held in the State such that the polling place
with the greatest number of hours of operation on such
date is not in operation for more than 2 hours longer
than the polling place with the fewest number of hours
of operation on such date.
``(B) Permitting variance on basis of population.--
Subparagraph (A) does not apply to the extent that the
State establishes variations in the hours of operation
of polling places on the basis of the overall
population or the voting age population (as the State
may select) of the unit of local government in which
such polling places are located.
``(2) Exceptions for polling places with hours established
by units of local government.--Paragraph (1) does not apply in
the case of a polling place--
``(A) whose hours of operation are established, in
accordance with State law, by the unit of local
government in which the polling place is located; or
``(B) which is required pursuant to an order by a
court to extend its hours of operation beyond the hours
otherwise established.
``(c) Minimum Hours of Operation Outside of Typical Working
Hours.--Each State shall establish hours of operation for all polling
places in the State on the date of any election for Federal office held
in the State such that no polling place is open for less than a total
of 4 hours outside of the hours between 9:00 a.m. and 5:00 p.m. in time
zone in which the polling place is located.''.
(b) Study of Methods To Enforce Fair and Equitable Waiting Times.--
(1) Study.--The Election Assistance Commission and the
Comptroller General of the United States shall conduct a joint
study of the effectiveness of various methods of enforcing the
requirements of section 310(a) of the Help America Vote Act of
2002, as added by subsection (a), including methods of best
allocating resources to jurisdictions which have had the most
difficulty in providing a fair and equitable waiting time at
polling places to all voters, and to communities of color in
particular.
(2) Report.--Not later than 18 months after the date of the
enactment of this Act, the Election Assistance Commission and
the Comptroller General of the United States shall publish and
submit to Congress a report on the study conducted under
paragraph (1).
(c) Clerical Amendment.--The table of contents of such Act, as
amended by section 1031(c), section 1101(c), section 1611(c), section
1621(b), section 1622(c), and section 1623(a), is amended--
(1) by redesignating the items relating to sections 310 and
311 as relating to sections 311 and 312; and
(2) by inserting after the item relating to section 309 the
following new item:
``Sec. 310. Ensuring equitable and efficient operation of polling
places.''.
SEC. 1907. REQUIRING STATES TO PROVIDE SECURED DROP BOXES FOR VOTED
ABSENTEE BALLOTS IN ELECTIONS FOR FEDERAL OFFICE.
(a) Requirement.--Subtitle A of title III of the Help America Vote
Act of 2002 (52 U.S.C. 21081 et seq.), as amended by section 1031(a),
section 1101(a), section 1611(a), section 1621(a), section 1622(a),
section 1623(a), and section 1906(a), is amended--
(1) by redesignating sections 311 and 312 as sections 312
and 313; and
(2) by inserting after section 310 the following new
section:
``SEC. 311. USE OF SECURED DROP BOXES FOR VOTED ABSENTEE BALLOTS.
``(a) Requiring Use of Drop Boxes.--In each county in the State,
each State shall provide in-person, secured, and clearly labeled drop
boxes at which individuals may, at any time during the period described
in subsection (b), drop off voted absentee ballots in an election for
Federal office.
``(b) Minimum Period for Availability of Drop Boxes.--The period
described in this subsection is, with respect to an election, the
period which begins 45 days before the date of the election and which
ends at the time the polls close for the election in the county
involved.
``(c) Accessibility.--
``(1) In general.--Each State shall ensure that the drop
boxes provided under this section are accessible for use--
``(A) by individuals with disabilities, as
determined in consultation with the protection and
advocacy systems (as defined in section 102 of the
Developmental Disabilities Assistance and Bill of
Rights Act of 2000 (42 U.S.C. 15002)) of the State;
``(B) by individuals with limited proficiency in
the English language; and
``(C) by homeless individuals (as defined in
section 103 of the McKinney-Vento Homeless Assistance
Act of 1987 (42 U.S.C. 11302)) of the State.
``(2) Determination of accessibility for individuals with
disabilities.--For purposes of this subsection, drop boxes
shall be considered to be accessible for use by individuals
with disabilities if the drop boxes meet such criteria as the
Attorney General may establish for such purposes.
``(3) Rule of construction.--If a State provides a drop box
under this section on the grounds of or inside a building or
facility which serves as a polling place for an election during
the period described in subsection (b), nothing in this
subsection may be construed to waive any requirements regarding
the accessibility of such polling place for the use of
individuals with disabilities or individuals with limited
proficiency in the English language.
``(d) Number of Drop Boxes.--
``(1) Formula for determination of number.--The number of
drop boxes provided under this section in a county with respect
to an election shall be determined as follows:
``(A) In the case of a county in which the number
of individuals who are residents of the county and who
are registered to vote in the election is equal to or
greater than 20,000, the number of drop boxes shall be
a number equal to or greater than the number of such
individuals divided by 20,000 (rounded to the nearest
whole number).
``(B) In the case of any other county, the number
of drop boxes shall be equal to or greater than one.
``(C) The State shall ensure that the number of
drop boxes provided is sufficient to provide a
reasonable opportunity for voters to submit their voted
ballots in a timely manner.
``(2) Timing.--For purposes of this subsection, the number
of individuals who reside in a county and who are registered to
vote in the election shall be determined as of the 90th day
before the date of the election.
``(e) Location of Drop Boxes.--The State shall determine the
location of drop boxes provided under this section in a county on the
basis of criteria which ensure that the drop boxes are--
``(1) available to all voters on a non-discriminatory
basis;
``(2) accessible to voters with disabilities (in accordance
with subsection (c));
``(3) accessible by public transportation to the greatest
extent possible;
``(4) available during all hours of the day;
``(5) sufficiently available in all communities in the
county, including rural communities and on Tribal lands within
the county (subject to subsection (f)); and
``(6) geographically distributed to provide a reasonable
opportunity for voters to submit their voted ballot in a timely
manner.
``(f) Rules for Drop Boxes on Tribal Lands.--In making a
determination of the number and location of drop boxes provided under
this section on Tribal lands in a county, the appropriate State and
local election officials shall--
``(1) consult with Tribal leaders prior to making the
determination; and
``(2) take into account criteria such as the availability
of direct-to-door residential mail delivery, the distance and
time necessary to travel to the drop box locations (including
in inclement weather), modes of transportation available,
conditions of roads, and the availability (if any) of public
transportation.
``(g) Timing of Scanning and Processing of Ballots.--For purposes
of section 306(e) (relating to the timing of the processing and
scanning of ballots for tabulation), a vote cast using a drop box
provided under this section shall be treated in the same manner as any
other vote cast during early voting.
``(h) Posting of Information.--On or adjacent to each drop box
provided under this section, the State shall post information on the
requirements that voted absentee ballots must meet in order to be
counted and tabulated in the election.
``(i) Remote Surveillance Permitted.--The State may provide for the
security of drop boxes through remote or electronic surveillance.
``(j) Effective Date.--This section shall apply with respect to the
regularly scheduled general election for Federal office held in
November 2022 and each succeeding election for Federal office.''.
(b) Clerical Amendment.--The table of contents of such Act, as
amended by section 1031(c), section 1101(c), section 1611(c), section
1621(b), section 1622(c), section 1623(a), and section 1906(c), is
amended--
(1) by redesignating the items relating to sections 311 and
312 as relating to sections 312 and 313; and
(2) by inserting after the item relating to section 310 the
following new item:
``Sec. 311. Use of secured drop boxes for voted absentee ballots.''.
SEC. 1908. PROHIBITING STATES FROM RESTRICTING CURBSIDE VOTING.
(a) Requirement.--Subtitle A of title III of the Help America Vote
Act of 2002 (52 U.S.C. 21081 et seq.), as amended by section 1031(a),
section 1101(a), section 1611(a), section 1621(a), section 1622(a),
section 1623(a), section 1906(a), and section 1907(a), is amended--
(1) by redesignating sections 312 and 313 as sections 313
and 314; and
(2) by inserting after section 311 the following new
section:
``SEC. 312. PROHIBITING STATES FROM RESTRICTING CURBSIDE VOTING.
``(a) Prohibition.--A State may not--
``(1) prohibit any jurisdiction administering an election
for Federal office in the State from utilizing curbside voting
as a method by which individuals may cast ballots in the
election; or
``(2) impose any restrictions which would exclude any
individual who is eligible to vote in such an election in a
jurisdiction which utilizes curbside voting from casting a
ballot in the election by the method of curbside voting.
``(b) Effective Date.--This section shall apply with respect to the
regularly scheduled general election for Federal office held in
November 2022 and each succeeding election for Federal office.''.
(b) Clerical Amendment.--The table of contents of such Act, as
amended by section 1031(c), section 1101(c), section 1611(c), section
1621(b), section 1622(c), section 1623(a), section 1906(c), and section
1907(b), is amended--
(1) by redesignating the items relating to sections 312 and
313 as relating to sections 313 and 314; and
(2) by inserting after the item relating to section 311 the
following new item:
``Sec. 312. Prohibiting States from restricting curbside voting.''.
SEC. 1909. ELECTION DAY AS LEGAL PUBLIC HOLIDAY.
(a) In General.--Section 6103(a) of title 5, United States Code, is
amended by inserting after the item relating to Columbus Day the
following:
``Election Day, the Tuesday next after the first Monday in
November of every even-numbered year.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to the regularly scheduled general elections for
Federal office held in November 2022 or any succeeding year.
SEC. 1910. GAO STUDY ON VOTER TURNOUT RATES.
The Comptroller General of the United States shall conduct a study
on voter turnout rates delineated by age in States and localities that
permit voters to participate in elections before reaching the age of
18, with a focus on localities that permit voting upon reaching the age
of 16.
SEC. 1910A. STUDY ON RANKED-CHOICE VOTING.
(a) Study.--The Comptroller General shall conduct a study on the
implementation and impact of ranked-choice voting in States and
localities with a focus on how to best implement a model for Federal
elections nationwide. The study shall include the impact on voter
turnout, negative campaigning, and who decides to run for office.
(b) Report.--Not later than 1 year after the date of enactment of
this section, the Comptroller General shall transmit to Congress a
report on the study conducted under subsection (a), including any
recommendations on how to best implement a ranked-choice voting for
Federal elections nationwide.
PART 2--DISASTER AND EMERGENCY CONTINGENCY PLANS
SEC. 1911. REQUIREMENTS FOR FEDERAL ELECTION CONTINGENCY PLANS IN
RESPONSE TO NATURAL DISASTERS AND EMERGENCIES.
(a) In General.--
(1) Establishment.--Not later than 90 days after the date
of the enactment of this Act, each State and each jurisdiction
in a State which is responsible for administering elections for
Federal office shall establish and make publicly available a
contingency plan to enable individuals to vote in elections for
Federal office during a state of emergency, public health
emergency, or national emergency which has been declared for
reasons including--
(A) a natural disaster; or
(B) an infectious disease.
(2) Updating.--Each State and jurisdiction shall update the
contingency plan established under this subsection not less
frequently than every 5 years.
(b) Requirements Relating to Safety.--The contingency plan
established under subsection (a) shall include initiatives to provide
equipment and resources needed to protect the health and safety of poll
workers and voters when voting in person.
(c) Requirements Relating to Recruitment of Poll Workers.--The
contingency plan established under subsection (a) shall include
initiatives by the chief State election official and local election
officials to recruit poll workers from resilient or unaffected
populations, which may include--
(1) employees of other State and local government offices;
and
(2) in the case in which an infectious disease poses
significant increased health risks to elderly individuals,
students of secondary schools and institutions of higher
education in the State.
(d) Enforcement.--
(1) Attorney general.--The Attorney General may bring a
civil action against any State or jurisdiction in an
appropriate United States District Court for such declaratory
and injunctive relief (including a temporary restraining order,
a permanent or temporary injunction, or other order) as may be
necessary to carry out the requirements of this section.
(2) Private right of action.--
(A) In general.--In the case of a violation of this
section, any person who is aggrieved by such violation
may provide written notice of the violation to the
chief election official of the State involved.
(B) Relief.--If the violation is not corrected
within 20 days after receipt of a notice under
subparagraph (A), or within 5 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, in a civil action, obtain
declaratory or injunctive relief with respect to the
violation.
(C) Special rule.--If the violation occurred within
5 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 involved under
subparagraph (A) before bringing a civil action under
subparagraph (B).
(e) Definitions.--
(1) Election for federal office.--For purposes of this
section, the term ``election for Federal office'' means a
general, special, primary, or runoff election for the office of
President or Vice President, or of Senator or Representative
in, or Delegate or Resident Commissioner to, the Congress.
(2) State.--For purposes of this section, the term
``State'' includes the District of Columbia, the Commonwealth
of Puerto Rico, Guam, American Samoa, the United States Virgin
Islands, and the Commonwealth of the Northern Mariana Islands.
(f) Effective Date.--This section shall apply with respect to the
regularly scheduled general election for Federal office held in
November 2022 and each succeeding election for Federal office.
PART 3--IMPROVEMENTS IN OPERATION OF ELECTION ASSISTANCE COMMISSION
SEC. 1921. REAUTHORIZATION OF ELECTION ASSISTANCE COMMISSION.
Section 210 of the Help America Vote Act of 2002 (52 U.S.C. 20930)
is amended--
(1) by striking ``for each of the fiscal years 2003 through
2005'' and inserting ``for fiscal year 2021 and each succeeding
fiscal year''; and
(2) by striking ``(but not to exceed $10,000,000 for each
such year)''.
SEC. 1922. REQUIRING STATES TO PARTICIPATE IN POST-GENERAL ELECTION
SURVEYS.
(a) Requirement.--Title III of the Help America Vote Act of 2002
(52 U.S.C. 21081 et seq.), as amended by section 1903(a), is further
amended by inserting after section 303A the following new section:
``SEC. 303B. REQUIRING PARTICIPATION IN POST-GENERAL ELECTION SURVEYS.
``(a) Requirement.--Each State shall furnish to the Commission such
information as the Commission may request for purposes of conducting
any post-election survey of the States with respect to the
administration of a regularly scheduled general election for Federal
office.
``(b) Effective Date.--This section shall apply with respect to the
regularly scheduled general election for Federal office held in
November 2022 and any succeeding election.''.
(b) Clerical Amendment.--The table of contents of such Act, as
amended by section 1903(c), is further amended by inserting after the
item relating to section 303A the following new item:
``Sec. 303B. Requiring participation in post-general election
surveys.''.
SEC. 1923. REPORTS BY NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY ON
USE OF FUNDS TRANSFERRED FROM ELECTION ASSISTANCE
COMMISSION.
(a) Requiring Reports on Use Funds as Condition of Receipt.--
Section 231 of the Help America Vote Act of 2002 (52 U.S.C. 20971) is
amended by adding at the end the following new subsection:
``(e) Report on Use of Funds Transferred From Commission.--To the
extent that funds are transferred from the Commission to the Director
of the National Institute of Standards and Technology for purposes of
carrying out this section during any fiscal year, the Director may not
use such funds unless the Director certifies at the time of transfer
that the Director will submit a report to the Commission not later than
90 days after the end of the fiscal year detailing how the Director
used such funds during the year.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to fiscal year 2022 and each succeeding fiscal year.
SEC. 1924. RECOMMENDATIONS TO IMPROVE OPERATIONS OF ELECTION ASSISTANCE
COMMISSION.
(a) Assessment of Information Technology and Cybersecurity.--Not
later than December 31, 2021, the Election Assistance Commission shall
carry out an assessment of the security and effectiveness of the
Commission's information technology systems, including the
cybersecurity of such systems.
(b) Improvements to Administrative Complaint Procedures.--
(1) Review of procedures.--The Election Assistance
Commission shall carry out a review of the effectiveness and
efficiency of the State-based administrative complaint
procedures established and maintained under section 402 of the
Help America Vote Act of 2002 (52 U.S.C. 21112) for the
investigation and resolution of allegations of violations of
title III of such Act.
(2) Recommendations to streamline procedures.--Not later
than December 31, 2021, the Commission shall submit to Congress
a report on the review carried out under paragraph (1), and
shall include in the report such recommendations as the
Commission considers appropriate to streamline and improve the
procedures which are the subject of the review.
SEC. 1925. REPEAL OF EXEMPTION OF ELECTION ASSISTANCE COMMISSION FROM
CERTAIN GOVERNMENT CONTRACTING REQUIREMENTS.
(a) In General.--Section 205 of the Help America Vote Act of 2002
(52 U.S.C. 20925) is amended by striking subsection (e).
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to contracts entered into by the Election Assistance
Commission on or after the date of the enactment of this Act.
PART 4--MISCELLANEOUS PROVISIONS
SEC. 1931. APPLICATION OF FEDERAL ELECTION ADMINISTRATION LAWS TO
TERRITORIES OF THE UNITED STATES.
(a) National Voter Registration Act of 1993.--Section 3(4) of the
National Voter Registration Act of 1993 (52 U.S.C. 20502(4)) is amended
by striking ``States and the District of Columbia'' and inserting
``States, the District of Columbia, the Commonwealth of Puerto Rico,
Guam, American Samoa, the United States Virgin Islands, and the
Commonwealth of the Northern Mariana Islands''.
(b) Help America Vote Act of 2002.--
(1) Coverage of commonwealth of the northern mariana
islands.--Section 901 of the Help America Vote Act of 2002 (52
U.S.C. 21141) is amended by striking ``and the United States
Virgin Islands'' and inserting ``the United States Virgin
Islands, and the Commonwealth of the Northern Mariana
Islands''.
(2) Conforming amendments to help america vote act of
2002.--Such Act is further amended as follows:
(A) The second sentence of section 213(a)(2) (52
U.S.C. 20943(a)(2)) is amended by striking ``and
American Samoa'' and inserting ``American Samoa, and
the Commonwealth of the Northern Mariana Islands''.
(B) Section 252(c)(2) (52 U.S.C. 21002(c)(2)) is
amended by striking ``or the United States Virgin
Islands'' and inserting ``the United States Virgin
Islands, or the Commonwealth of the Northern Mariana
Islands''.
(3) Conforming amendment relating to consultation of help
america vote foundation with local election officials.--Section
90102(c) of title 36, United States Code, is amended by
striking ``and the United States Virgin Islands'' and inserting
``the United States Virgin Islands, and the Commonwealth of the
Northern Mariana Islands''.
SEC. 1932. DEFINITION OF ELECTION FOR FEDERAL OFFICE.
(a) Definition.--Title IX of the Help America Vote Act of 2002 (52
U.S.C. 21141 et seq.) is amended by adding at the end the following new
section:
``SEC. 907. ELECTION FOR FEDERAL OFFICE DEFINED.
``For purposes of titles I through III, the term `election for
Federal office' means a general, special, primary, or runoff election
for the office of President or Vice President, or of Senator or
Representative in, or Delegate or Resident Commissioner to, the
Congress.''.
(b) Clerical Amendment.--The table of contents of such Act is
amended by adding at the end of the items relating to title IX the
following new item:
``Sec. 907. Election for Federal office defined.''.
SEC. 1933. AUTHORIZING PAYMENTS TO VOTING ACCESSIBILITY PROTECTION AND
ADVOCACY SYSTEMS SERVING THE AMERICAN INDIAN CONSORTIUM.
(a) Recipients Defined.--Section 291 of the Help America Vote Act
of 2002 (52 U.S.C. 21061) is amended--
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following new
subsection:
``(c) American Indian Consortium Eligibility.--A system serving the
American Indian Consortium for which funds have been reserved under
section 509(c)(1)(B) of the Rehabilitation Act of 1973 (29 U.S.C.
794e(c)(1)(B)) shall be eligible for payments under subsection (a) in
the same manner as a protection and advocacy system of a State.''.
(b) Grant Minimums for American Indian Consortium.--Section 291(b)
of such Act (52 U.S.C. 21061(b)) is amended--
(1) by inserting ``(c)(1)(B),'' after ``as set forth in
subsections''; and
(2) by striking ``subsections (c)(3)(B) and (c)(4)(B) of
that section shall be not less than $70,000 and $35,000,
respectively'' and inserting ``subsection (c)(3)(B) shall not
be less than $70,000, and the amount of the grants to systems
referred to in subsections (c)(1)(B) and (c)(4)(B) shall not be
less than $35,000''.
(c) Effective Date.--The amendments made by this section shall take
effect at the start of the first fiscal year following the date of
enactment of this Act.
SEC. 1934. APPLICATION OF FEDERAL VOTER PROTECTION LAWS TO TERRITORIES
OF THE UNITED STATES.
(a) Intimidation of Voters.--Section 594 of title 18, United States
Code, is amended by striking ``Delegate from the District of Columbia,
or Resident Commissioner,'' and inserting ``or Delegate or Resident
Commissioner to the Congress''.
(b) Interference by Government Employees.--Section 595 of title 18,
United States Code, is amended by striking ``Delegate from the District
of Columbia, or Resident Commissioner,'' and inserting ``or Delegate or
Resident Commissioner to the Congress''.
(c) Voting by Noncitizens.--Section 611(a) of title 18, United
States Code, is amended by striking ``Delegate from the District of
Columbia, or Resident Commissioner,'' and inserting ``or Delegate or
Resident Commissioner to the Congress''.
SEC. 1935. PLACEMENT OF STATUES OF CITIZENS OF TERRITORIES OF THE
UNITED STATES IN STATUARY HALL.
(a) In General.--Section 1814 of the Revised Statutes of the United
States (2 U.S.C. 2131) is amended by adding at the end the following
new sentence: ``For purposes of this section, the term `State' includes
American Samoa, Guam, the Commonwealth of the Northern Mariana Islands,
the Commonwealth of Puerto Rico, and the United States Virgin Islands,
and the term `citizen' includes a national of the United States, as
defined in section 101(a)(22) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(22)).''.
(b) Conforming Amendment Relating to Procedures for Replacement of
Statues.--Section 311 of the Legislative Branch Appropriations Act,
2001 (2 U.S.C. 2132) is amended by adding at the end the following new
subsection:
``(f) For purposes of this section, the term `State' includes
American Samoa, Guam, the Commonwealth of the Northern Mariana Islands,
the Commonwealth of Puerto Rico, and the United States Virgin
Islands.''.
SEC. 1936. NO EFFECT ON OTHER LAWS.
(a) In General.--Except as specifically provided, nothing in this
title may be construed to authorize or require conduct prohibited under
any of the following laws, or to supersede, restrict, or limit the
application of such laws:
(1) The Voting Rights Act of 1965 (52 U.S.C. 10301 et
seq.).
(2) The Voting Accessibility for the Elderly and
Handicapped Act (52 U.S.C. 20101 et seq.).
(3) The Uniformed and Overseas Citizens Absentee Voting Act
(52 U.S.C. 20301 et seq.).
(4) The National Voter Registration Act of 1993 (52 U.S.C.
20501 et seq.).
(5) The Americans with Disabilities Act of 1990 (42 U.S.C.
12101 et seq.).
(6) The Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.).
(b) No Effect on Preclearance or Other Requirements Under Voting
Rights Act.--The approval by any person of a payment or grant
application under this title, or any other action taken by any person
under this title, shall not be considered to have any effect on
requirements for preclearance under section 5 of the Voting Rights Act
of 1965 (52 U.S.C. 10304) or any other requirements of such Act.
(c) No Effect on Authority of States To Provide Greater
Opportunities for Voting.--Nothing in this title or the amendments made
by this title may be construed to prohibit any State from enacting any
law which provides greater opportunities for individuals to register to
vote and to vote in elections for Federal office than are provided by
this title and the amendments made by this title.
SEC. 1937. CLARIFICATION OF EXEMPTION FOR STATES WITHOUT VOTER
REGISTRATION.
To the extent that any provision of this title or any amendment
made by this title imposes a requirement on a State relating to
registering individuals to vote in elections for Federal office, such
provision shall not apply in the case of any State in which, under law
that is in effect continuously on and after the date of the enactment
of this Act, there is no voter registration requirement for any voter
in the State with respect to an election for Federal office.
PART 5--VOTER NOTICE
SEC. 1941. SHORT TITLE.
This part may be cited as the ``Voter Notification of Timely
Information about Changes in Elections Act'' or the ``Voter Notice
Act''.
SEC. 1942. PUBLIC EDUCATION CAMPAIGNS IN EVENT OF CHANGES IN ELECTIONS
IN RESPONSE TO EMERGENCIES.
(a) Requirement for Election Officials to Conduct Campaigns.--
Section 302 of the Help America Vote Act of 2002 (52 U.S.C. 21082), as
amended by section 1601(a) and section 1901(a), is amended--
(1) by redesignating subsection (g) as subsection (h); and
(2) by inserting after subsection (f) the following new
subsection:
``(g) Public Education Campaigns in Event of Changes in Elections
in Response to Emergencies.--
``(1) Requirement.--If the administration of an election
for Federal office, including the methods of voting or
registering to vote in the election, is changed in response to
an emergency affecting public health and safety, the
appropriate State or local election official shall conduct a
public education campaign through at least one direct mailing
to each individual who is registered to vote in the election,
and through additional direct mailings, newspaper
advertisements, broadcasting (including through television,
radio, satellite, and the Internet), and social media, to
notify individuals who are eligible to vote or to register to
vote in the election of the changes.
``(2) Frequency and methods of providing information.--The
election official shall carry out the public education campaign
under this subsection at such frequency, and using such
methods, as will have the greatest likelihood of providing
timely knowledge of the change in the administration of the
election to those individuals who will be most adversely
affected by the change.
``(3) Language accessibility.--In the case of a State or
political subdivision that is a covered State or political
subdivision under section 203 of the Voting Rights Act of 1965
(52 U.S.C. 10503), the appropriate election official shall
ensure that the information disseminated under a public
education campaign conducted under this subsection is provided
in the language of the applicable minority group as well as in
the English language, as required by section 203 of such Act.
``(4) Effective date.--This subsection shall apply with
respect to the regularly scheduled general election for Federal
office held in November 2020 and each succeeding election for
Federal office.''.
(b) Conforming Amendment Relating to Effective Date.--Section
302(h) of such Act (52 U.S.C. 21082(h)), as redesignated by subsection
(a) and as amended by section 1601(b) and section 1901(b), is amended
by striking ``and (f)(4)'' and inserting ``(f)(4), and (g)(4)''.
SEC. 1943. REQUIREMENTS FOR WEBSITES OF ELECTION OFFICIALS.
(a) Requirements.--Subtitle A of title III of the Help America Vote
Act of 2002 (52 U.S.C. 21081 et seq.), as amended by section 1031(a),
section 1101(a), section 1611(a), section 1621(a), section 1622(a),
section 1623(a), section 1906(a), section 1907(a), and 1908(a), is
amended--
(1) by redesignating sections 313 and 314 as sections 314
and 315; and
(2) by inserting after section 312 the following new
section:
``SEC. 313. REQUIREMENTS FOR WEBSITES OF ELECTION OFFICIALS.
``(a) Accessibility.--Each State and local election official shall
ensure that the official public website of the official is fully
accessible for individuals with disabilities, including the blind and
visually impaired, in a manner that provides the same opportunity for
access and participation as the website provides for other individuals.
``(b) Continuing Operation in Case of Emergencies.--
``(1) Establishment of best practices.--
``(A) In general.--The Director of the National
Institute of Standards and Technology shall establish
and regularly update best practices for ensuring the
continuing operation of the official public websites of
State and local election officials during emergencies
affecting public health and safety.
``(B) Deadline.--The Director shall first establish
the best practices required under this paragraph as
soon as practicable after the date of the enactment of
this section, but in no case later than August 15,
2021.
``(2) Requiring websites to meet best practices.--Each
State and local election official shall ensure that the
official public website of the official is in compliance with
the best practices established by the Director of the National
Institute of Standards and Technology under paragraph (2).
``(c) Effective Date.--This section shall apply with respect to the
regularly scheduled general election for Federal office held in
November 2020 and each succeeding election for Federal office.''.
(b) Conforming Amendment Relating to Adoption of Voluntary Guidance
by Election Assistance Commission.--Section 321(b) of such Act (52
U.S.C. 21101(b)), as redesignated and amended by section 1101(b) and
section 1611(b), is amended--
(1) by striking ``and'' at the end of paragraph (4);
(2) by striking the period at the end of paragraph (5) and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(6) in the case of the recommendations with respect to
section 304, as soon as practicable after the date of the
enactment of this paragraph, but in no case later than August
15, 2021.''.
(c) Clerical Amendment.--The table of contents of such Act, as
amended by section 1031(c), section 1101(c), section 1611(c), section
1621(b), section 1622(c), section 1623(a), section 1906(c), section
1907(b), and section 1908(b), is amended--
(1) by redesignating the items relating to sections 313 and
314 as relating to sections 314 and 315; and
(2) by inserting after the item relating to section 312 the
following new item:
``Sec. 313. Requirements for websites of election officials.''.
SEC. 1944. PAYMENTS BY ELECTION ASSISTANCE COMMISSION TO STATES FOR
COSTS OF COMPLIANCE.
(b) Availability of Payments.--Title IX of the Help America Vote
Act of 2002 (52 U.S.C. 21141 et seq.) is amended by adding at the end
the following new section:
``SEC. 907. PAYMENTS FOR COSTS OF COMPLIANCE WITH CERTAIN REQUIREMENTS
RELATING TO PUBLIC NOTIFICATION.
``(a) Payments.--
``(1) Availability and use of payments.--The Commission
shall make a payment to each eligible State to cover the costs
the State incurs or expects to incur in meeting the
requirements of section 302(g) (relating to public education
campaigns in event of changes in elections in response to
emergencies) and section 313 (relating to requirements for the
websites of election officials).
``(2) Schedule of payments.--As soon as practicable after
the date of the enactment of this section, and not less
frequently than once each calendar year thereafter, the
Commission shall make payments under this section.
``(3) Administration of payments.--The chief State election
official of the State shall receive the payment made to a State
under this section, and may use the payment for the purposes
set forth in this section without intervening action by the
legislature of the State.
``(b) Amount of Payment.--
``(1) In general.--The amount of a payment made to an
eligible State for a year under this section shall be
determined by the Commission on the basis of the information
provided by the State in its application under subsection (c).
``(2) Continuing availability of funds after
appropriation.--A payment made to an eligible State under this
section shall be available without fiscal year limitation.
``(c) Requirements for Eligibility.--
``(1) Application.--Each State that desires to receive a
payment under this section for a fiscal year shall submit an
application for the payment to the Commission at such time and
in such manner and containing such information as the
Commission shall require.
``(2) Contents of application.--Each application submitted
under paragraph (1) shall--
``(A) describe the activities for which assistance
under this section is sought; and
``(B) provide an estimate of the costs the State
has incurred or expects to incur in carrying out the
provisions described in subsection (a), together with
such additional information and certifications as the
Commission determines to be essential to ensure
compliance with the requirements of this section.
``(d) Authorization of Appropriations.--There are authorized to be
appropriated for payments under this section such sums as may be
necessary for each of the fiscal years 2022 through 2025.
``(e) Reports.--
``(1) Reports by recipients.--Not later than the 6 months
after the end of each fiscal year for which an eligible State
received a payment under this section, the State shall submit a
report to the Commission on the activities conducted with the
funds provided during the year.
``(2) Reports by commission to committees.--With respect to
each fiscal year for which the Commission makes payments under
this section, the Commission shall submit a report on the
activities carried out under this part to the Committee on
House Administration of the House of Representatives and the
Committee on Rules and Administration of the Senate.''.
(c) Clerical Amendment.--The table of contents of such Act is
amended by adding at the end of the items relating to title IX the
following:
``Sec. 907. Payments for costs of compliance with certain requirements
relating to public notification.''.
Subtitle O--Severability
SEC. 1951. SEVERABILITY.
If any provision of this title or amendment made by this title, or
the application of a provision or amendment to any person or
circumstance, is held to be unconstitutional, the remainder of this
title and amendments made by this title, and the application of the
provisions and amendment to any person or circumstance, shall not be
affected by the holding.
TITLE II--ELECTION INTEGRITY
Subtitle A--Findings Reaffirming Commitment of Congress to Restore the
Voting Rights Act
Sec. 2001. Findings reaffirming commitment of Congress to restore the
Voting Rights Act.
Subtitle B--Findings Relating to Native American Voting Rights
Sec. 2101. Findings relating to Native American voting rights.
Subtitle C--Findings Relating to District of Columbia Statehood
Sec. 2201. Findings relating to District of Columbia statehood.
Subtitle D--Territorial Voting Rights
Sec. 2301. Findings relating to territorial voting rights.
Sec. 2302. Congressional Task Force on Voting Rights of United States
Citizen Residents of Territories of the
United States.
Subtitle E--Redistricting Reform
Sec. 2400. Short title; finding of constitutional authority.
Part 1--Requirements for Congressional Redistricting
Sec. 2401. Requiring congressional redistricting to be conducted
through plan of independent State
commission.
Sec. 2402. Ban on mid-decade redistricting.
Sec. 2403. Criteria for redistricting.
Part 2--Independent Redistricting Commissions
Sec. 2411. Independent redistricting commission.
Sec. 2412. Establishment of selection pool of individuals eligible to
serve as members of commission.
Sec. 2413. Public notice and input.
Sec. 2414. Establishment of related entities.
Sec. 2415. Report on diversity of memberships of independent
redistricting commissions.
Part 3--Role of Courts in Development of Redistricting Plans
Sec. 2421. Enactment of plan developed by 3-judge court.
Sec. 2422. Special rule for redistricting conducted under order of
Federal court.
Part 4--Administrative and Miscellaneous Provisions
Sec. 2431. Payments to States for carrying out redistricting.
Sec. 2432. Civil enforcement.
Sec. 2433. State apportionment notice defined.
Sec. 2434. No effect on elections for State and local office.
Sec. 2435. Effective date.
Part 5--Requirements for Redistricting Carried Out Pursuant to 2020
Census
subpart a--application of certain requirements for redistricting
carried out pursuant to 2020 census
Sec. 2441. Application of certain requirements for redistricting
carried out pursuant to 2020 Census.
Sec. 2442. Triggering events.
subpart b--independent redistricting commissions for redistricting
carried out pursuant to 2020 census
Sec. 2451. Use of independent redistricting commissions for
redistricting carried out pursuant to 2020
Census.
Sec. 2452. Establishment of selection pool of individuals eligible to
serve as members of commission.
Sec. 2453. Criteria for redistricting plan; public notice and input.
Sec. 2454. Establishment of related entities.
Sec. 2455. Report on diversity of memberships of independent
redistricting commissions.
Subtitle F--Saving Eligible Voters From Voter Purging
Sec. 2501. Short title.
Sec. 2502. Conditions for removal of voters from list of registered
voters.
Subtitle G--No Effect on Authority of States To Provide Greater
Opportunities for Voting
Sec. 2601. No effect on authority of States to provide greater
opportunities for voting.
Subtitle H--Residence of Incarcerated Individuals
Sec. 2701. Residence of incarcerated individuals.
Subtitle I--Findings Relating to Youth Voting
Sec. 2801. Findings relating to youth voting.
Subtitle J--Severability
Sec. 2901. Severability.
Subtitle A--Findings Reaffirming Commitment of Congress to Restore the
Voting Rights Act
SEC. 2001. FINDINGS REAFFIRMING COMMITMENT OF CONGRESS TO RESTORE THE
VOTING RIGHTS ACT.
(a) Findings.--Congress finds the following:
(1) The right to vote for all Americans is a fundamental
right guaranteed by the United States Constitution.
(2) Federal, State, and local governments should protect
the right to vote and promote voter participation across all
demographics.
(3) The Voting Rights Act has empowered the Department of
Justice and Federal courts for nearly a half a century to block
discriminatory voting practices before their implementation in
States and localities with the most troubling histories,
ongoing records of racial discrimination, and demonstrations of
lower participation rates for protected classes.
(4) There continues to be an alarming movement to erect
barriers to make it more difficult for Americans to participate
in our Nation's democratic process. The Nation has witnessed
unprecedented efforts to turn back the clock and enact
suppressive laws that block access to the franchise for
communities of color which have faced historic and continuing
discrimination, as well as disabled, young, elderly, and low-
income Americans.
(5) The Supreme Court's decision in Shelby County v. Holder
(570 U.S. 529 (2013)), gutted decades-long Federal protections
for communities of color and language-minority populations
facing ongoing discrimination, emboldening States and local
jurisdictions to pass voter suppression laws and implement
procedures, like those requiring photo identification, limiting
early voting hours, eliminating same-day registration, purging
voters from the rolls, and reducing the number of polling
places.
(6) Racial discrimination in voting is a clear and
persistent problem. The actions of States and localities around
the country post-Shelby County, including at least 10 findings
by Federal courts of intentional discrimination, underscored
the need for Congress to conduct investigatory and evidentiary
hearings to determine the legislation necessary to restore the
Voting Rights Act and combat continuing efforts in America that
suppress the free exercise of the franchise in Black and other
communities of color.
(7) Evidence of discriminatory voting practice spans from
decades ago through to the past several election cycles. The
2018 midterm elections, for example, demonstrated ongoing
discrimination in voting.
(8) During the 116th Congress, congressional committees in
the House of Representatives held numerous hearings, collecting
substantial testimony and other evidence which underscored the
need to pass a restoration of the Voting Rights Act.
(9) On December 6, 2019, the House of Representatives
passed the John R. Lewis Voting Rights Advancement Act, which
would restore and modernize the Voting Rights Act, in
accordance with language from the Shelby County decision.
Congress reaffirms that the barriers faced by too many voters
across this Nation when trying to cast their ballot necessitate
reintroduction of many of the protections once afforded by the
Voting Rights Act.
(10) The 2020 primary and general elections provide further
evidence that systemic voter discrimination and intimidation
continues to occur in communities of color across the country,
making it clear that full access to the franchise will not be
achieved until Congress restores key provisions of the Voting
Rights Act.
(11) As of late-February 2021, 43 States had introduced,
prefiled, or carried over 253 bills to restrict voting access
that, primarily, limit mail voting access, impose stricter
voter ID requirements, slash voter registration opportunities,
and/or enable more aggressive voter roll purges.
(b) Purposes.--The purposes of this Act are as follows:
(1) To improve access to the ballot for all citizens.
(2) To establish procedures by which States and localities,
in accordance with past actions, submit voting practice changes
for preclearance by the Federal Government.
(3) To enhance the integrity and security of our voting
systems.
(4) To ensure greater accountability for the administration
of elections by States and localities.
(5) To restore protections for voters against practices in
States and localities plagued by the persistence of voter
disenfranchisement.
(6) To ensure that Federal civil rights laws protect the
rights of voters against discriminatory and deceptive
practices.
Subtitle B--Findings Relating to Native American Voting Rights
SEC. 2101. FINDINGS RELATING TO NATIVE AMERICAN VOTING RIGHTS.
Congress finds the following:
(1) The right to vote for all Americans is sacred. Congress
must fulfill the Federal Government's trust responsibility to
protect and promote Native Americans' exercise of their
fundamental right to vote, including equal access to voter
registration voting mechanisms and locations, and the ability
to serve as election officials.
(2) The Native American Voting Rights Coalition's four-
State survey of voter discrimination (2016) and nine field
hearings in Indian Country (2017-2018) revealed obstacles that
Native Americans must overcome, including a lack of accessible
and proximate registration and polling sites, nontraditional
addresses for residents on Indian reservations, inadequate
language assistance for Tribal members, and voter
identification laws that discriminate against Native Americans.
The Department of Justice and courts have recognized that some
jurisdictions have been unresponsive to reasonable requests
from federally recognized Indian Tribes for more accessible and
proximate voter registration sites and in-person voting
locations.
(3) The 2018 midterm and 2020 general elections provide
further evidence that systemic voter discrimination and
intimidation continues to occur in communities of color and
Tribal lands across the country, making it clear that democracy
reform cannot be achieved until Congress restores key
provisions of the Voting Rights Act and passes additional
protections.
(4) Congress has broad, plenary authority to enact
legislation to safeguard the voting rights of Native American
voters.
(5) Congress must conduct investigatory and evidentiary
hearings to determine the necessary legislation to restore the
Voting Rights Act and combat continuous efforts that suppress
the voter franchise within Tribal lands, to include, but not to
be limited to, the Native American Voting Rights Act (NAVRA)
and the Voting Rights Advancement Act (VRAA).
Subtitle C--Findings Relating to District of Columbia Statehood
SEC. 2201. FINDINGS RELATING TO DISTRICT OF COLUMBIA STATEHOOD.
Congress finds the following:
(1) The 705,000 District of Columbia residents deserve
voting representation in Congress and local self-government,
which only statehood can provide.
(2) The United States is the only democratic country that
denies both voting representation in the national legislature
and local self-government to the residents of its Nation's
capital.
(3) There are no constitutional, historical, fiscal, or
economic reasons why the Americans who live in the District of
Columbia should not be granted statehood.
(4) Since the founding of the United States, the residents
of the District of Columbia have always carried all of the
obligations of citizenship, including serving in all of the
Nation's wars and paying Federal taxes, but have been denied
voting representation in Congress and freedom from
congressional interference in purely local matters.
(5) The District of Columbia pays more Federal taxes per
capita than any State and more Federal taxes than 22 States.
(6) The District of Columbia has a larger population than 2
States (Wyoming and Vermont), and 6 States have a population
under one million.
(7) The District of Columbia has a larger budget than 12
States.
(8) The Constitution of the United States gives Congress
the authority to admit new States (clause 1, section 3, article
IV) and reduce the size of the seat of the Government of the
United States (clause 17, section 8, article I). All 37 new
States have been admitted by an Act of Congress, and Congress
has previously reduced the size of the seat of the Government
of the United States.
(9) On June 26, 2020, by a vote of 232-180, the House of
Representatives passed H.R. 51, the Washington, D.C. Admission
Act, which would have admitted the State of Washington,
Douglass Commonwealth from the residential portions of the
District of Columbia and reduced the size of the seat of the
Government of the United States to the United States Capitol,
the White House, the United States Supreme Court, the National
Mall, and the principal Federal monuments and buildings.
Subtitle D--Territorial Voting Rights
SEC. 2301. FINDINGS RELATING TO TERRITORIAL VOTING RIGHTS.
Congress finds the following:
(1) The right to vote is one of the most powerful
instruments residents of the territories of the United States
have to ensure that their voices are heard.
(2) These Americans have played an important part in the
American democracy for more than 120 years.
(3) Political participation and the right to vote are among
the highest concerns of territorial residents in part because
they were not always afforded these rights.
(4) Voter participation in the territories consistently
ranks higher than many communities on the mainland.
(5) Territorial residents serve and die, on a per capita
basis, at a higher rate in every United States war and conflict
since WWI, as an expression of their commitment to American
democratic principles and patriotism.
SEC. 2302. CONGRESSIONAL TASK FORCE ON VOTING RIGHTS OF UNITED STATES
CITIZEN RESIDENTS OF TERRITORIES OF THE UNITED STATES.
(a) Establishment.--There is established within the legislative
branch a Congressional Task Force on Voting Rights of United States
Citizen Residents of Territories of the United States (in this section
referred to as the ``Task Force'').
(b) Membership.--The Task Force shall be composed of 12 members as
follows:
(1) One Member of the House of Representatives, who shall
be appointed by the Speaker of the House of Representatives, in
coordination with the Chairman of the Committee on Natural
Resources of the House of Representatives.
(2) One Member of the House of Representatives, who shall
be appointed by the Speaker of the House of Representatives, in
coordination with the Chairman of the Committee on the
Judiciary of the House of Representatives.
(3) One Member of the House of Representatives, who shall
be appointed by the Speaker of the House of Representatives, in
coordination with the Chairman of the Committee on House
Administration of the House of Representatives.
(4) One Member of the House of Representatives, who shall
be appointed by the minority leader of the House of
Representatives, in coordination with the ranking minority
member of the Committee on Natural Resources of the House of
Representatives.
(5) One Member of the House of Representatives, who shall
be appointed by the minority leader of the House of
Representatives, in coordination with the ranking minority
member of the Committee on the Judiciary of the House of
Representatives.
(6) One Member of the House of Representatives, who shall
be appointed by the minority leader of the House of
Representatives, in coordination with the ranking minority
member of the Committee on House Administration of the House of
Representatives.
(7) One Member of the Senate, who shall be appointed by the
majority leader of the Senate, in coordination with the
Chairman of the Committee on Energy and Natural Resources of
the Senate.
(8) One Member of the Senate, who shall be appointed by the
majority leader of the Senate, in coordination with the
Chairman of the Committee on the Judiciary of the Senate.
(9) One Member of the Senate, who shall be appointed by the
majority leader of the Senate, in coordination with the
Chairman of the Committee on Rules and Administration of the
Senate.
(10) One Member of the Senate, who shall be appointed by
the minority leader of the Senate, in coordination with the
ranking minority member of the Committee on Energy and Natural
Resources of the Senate.
(11) One Member of the Senate, who shall be appointed by
the minority leader of the Senate, in coordination with the
ranking minority member of the Committee on the Judiciary of
the Senate.
(12) One Member of the Senate, who shall be appointed by
the minority leader of the Senate, in coordination with the
ranking minority member of the Committee on Rules and
Administration of the Senate.
(c) Deadline for Appointment.--All appointments to the Task Force
shall be made not later than 30 days after the date of enactment of
this Act.
(d) Chair.--The Speaker shall designate one Member to serve as
chair of the Task Force.
(e) Vacancies.--Any vacancy in the Task Force shall be filled in
the same manner as the original appointment.
(f) Status Update.--Between September 1, 2021, and September 30,
2021, the Task Force shall provide a status update to the House of
Representatives and the Senate that includes--
(1) information the Task Force has collected; and
(2) a discussion on matters that the chairman of the Task
Force deems urgent for consideration by Congress.
(g) Report.--Not later than December 31, 2021, the Task Force shall
issue a report of its findings to the House of Representatives and the
Senate regarding--
(1) the economic and societal consequences (through
statistical data and other metrics) that come with political
disenfranchisement of United States citizens in territories of
the United States;
(2) impediments to full and equal voting rights for United
States citizens who are residents of territories of the United
States in Federal elections, including the election of the
President and Vice President of the United States;
(3) impediments to full and equal voting representation in
the House of Representatives for United States citizens who are
residents of territories of the United States;
(4) recommended changes that, if adopted, would allow for
full and equal voting rights for United States citizens who are
residents of territories of the United States in Federal
elections, including the election of the President and Vice
President of the United States;
(5) recommended changes that, if adopted, would allow for
full and equal voting representation in the House of
Representatives for United States citizens who are residents of
territories of the United States; and
(6) additional information the Task Force deems
appropriate.
(h) Consensus Views.--To the greatest extent practicable, the
report issued under subsection (g) shall reflect the shared views of
all 12 Members, except that the report may contain dissenting views.
(i) Hearings and Sessions.--The Task Force may, for the purpose of
carrying out this section, hold hearings, sit and act at times and
places, take testimony, and receive evidence as the Task Force
considers appropriate.
(j) Stakeholder Participation.--In carrying out its duties, the
Task Force shall consult with the governments of American Samoa, Guam,
the Commonwealth of the Northern Mariana Islands, the Commonwealth of
Puerto Rico, and the United States Virgin Islands.
(k) Resources.--The Task Force shall carry out its duties by
utilizing existing facilities, services, and staff of the House of
Representatives and the Senate.
(l) Termination.--The Task Force shall terminate upon issuing the
report required under subsection (g).
Subtitle E--Redistricting Reform
SEC. 2400. SHORT TITLE; FINDING OF CONSTITUTIONAL AUTHORITY.
(a) Short Title.--This subtitle may be cited as the ``Redistricting
Reform Act of 2021''.
(b) Finding of Constitutional Authority.--Congress finds that it
has the authority to establish the terms and conditions States must
follow in carrying out congressional redistricting after an
apportionment of Members of the House of Representatives because--
(1) the authority granted to Congress under article I,
section 4 of the Constitution of the United States gives
Congress the power to enact laws governing the time, place, and
manner of elections for Members of the House of
Representatives; and
(2) the authority granted to Congress under section 5 of
the fourteenth amendment to the Constitution gives Congress the
power to enact laws to enforce section 2 of such amendment,
which requires Representatives to be apportioned among the
several States according to their number.
PART 1--REQUIREMENTS FOR CONGRESSIONAL REDISTRICTING
SEC. 2401. REQUIRING CONGRESSIONAL REDISTRICTING TO BE CONDUCTED
THROUGH PLAN OF INDEPENDENT STATE COMMISSION.
(a) Use of Plan Required.--Notwithstanding any other provision of
law, and except as provided in subsection (c) and subsection (d), any
congressional redistricting conducted by a State shall be conducted in
accordance with--
(1) the redistricting plan developed and enacted into law
by the independent redistricting commission established in the
State, in accordance with part 2; or
(2) if a plan developed by such commission is not enacted
into law, the redistricting plan developed and enacted into law
by a 3-judge court, in accordance with section 2421.
(b) Conforming Amendment.--Section 22(c) of the Act entitled ``An
Act to provide for the fifteenth and subsequent decennial censuses and
to provide for an apportionment of Representatives in Congress'',
approved June 18, 1929 (2 U.S.C. 2a(c)), is amended by striking ``in
the manner provided by the law thereof'' and inserting: ``in the manner
provided by the Redistricting Reform Act of 2021''.
(c) Special Rule for Existing Commissions.--Subsection (a) does not
apply to any State in which, under law in effect continuously on and
after the date of the enactment of this Act, congressional
redistricting is carried out in accordance with a plan developed and
approved by an independent redistricting commission which is in
compliance with each of the following requirements:
(1) Publicly available application process.--Membership on
the commission is open to citizens of the State through a
publicly available application process.
(2) Disqualifications for government service and political
appointment.--Individuals who, for a covered period of time as
established by the State, hold or have held public office,
individuals who are or have been candidates for elected public
office, and individuals who serve or have served as an officer,
employee, or paid consultant of a campaign committee of a
candidate for public office are disqualified from serving on
the commission.
(3) Screening for conflicts.--Individuals who apply to
serve on the commission are screened through a process that
excludes persons with conflicts of interest from the pool of
potential commissioners.
(4) Multi-partisan composition.--Membership on the
commission represents those who are affiliated with the two
political parties whose candidates received the most votes in
the most recent statewide election for Federal office held in
the State, as well as those who are unaffiliated with any party
or who are affiliated with political parties other than the two
political parties whose candidates received the most votes in
the most recent statewide election for Federal office held in
the State.
(5) Criteria for redistricting.--Members of the commission
are required to meet certain criteria in the map drawing
process, including minimizing the division of communities of
interest and a ban on drawing maps to favor a political party.
(6) Public input.--Public hearings are held and comments
from the public are accepted before a final map is approved.
(7) Broad-based support for approval of final plan.--The
approval of the final redistricting plan requires a majority
vote of the members of the commission, including the support of
at least one member of each of the following:
(A) Members who are affiliated with the political
party whose candidate received the most votes in the
most recent statewide election for Federal office held
in the State.
(B) Members who are affiliated with the political
party whose candidate received the second most votes in
the most recent statewide election for Federal office
held in the State.
(C) Members who are not affiliated with any
political party or who are affiliated with political
parties other than the political parties described in
subparagraphs (A) and (B).
(d) Treatment of State of Iowa.--Subsection (a) does not apply to
the State of Iowa, so long as congressional redistricting in such State
is carried out in accordance with a plan developed by the Iowa
Legislative Services Agency with the assistance of a Temporary
Redistricting Advisory Commission, under law which was in effect for
the most recent congressional redistricting carried out in the State
prior to the date of the enactment of this Act and which remains in
effect continuously on and after the date of the enactment of this Act.
SEC. 2402. BAN ON MID-DECADE REDISTRICTING.
A State that has been redistricted in accordance with this subtitle
and a State described in section 2401(c) or section 2401(d) may not be
redistricted again until after the next apportionment of
Representatives under section 22(a) of the Act entitled ``An Act to
provide for the fifteenth and subsequent decennial censuses and to
provide for an apportionment of Representatives in Congress'', approved
June 18, 1929 (2 U.S.C. 2a), unless a court requires the State to
conduct such subsequent redistricting to comply with the Constitution
of the United States, the Voting Rights Act of 1965 (52 U.S.C. 10301 et
seq.), the Constitution of the State, or the terms or conditions of
this subtitle.
SEC. 2403. CRITERIA FOR REDISTRICTING.
(a) Criteria.--Under the redistricting plan of a State, there shall
be established single-member congressional districts using the
following criteria as set forth in the following order of priority:
(1) Districts shall comply with the United States
Constitution, including the requirement that they equalize
total population.
(2) Districts shall comply with the Voting Rights Act of
1965 (52 U.S.C. 10301 et seq.), including by creating any
districts where two or more politically cohesive groups
protected by such Act are able to elect representatives of
choice in coalition with one another, and all applicable
Federal laws.
(3) Districts shall be drawn, to the extent that the
totality of the circumstances warrant, to ensure the practical
ability of a group protected under the Voting Rights Act of
1965 (52 U.S.C. 10301 et seq.) to participate in the political
process and to nominate candidates and to elect representatives
of choice is not diluted or diminished, regardless of whether
or not such protected group constitutes a majority of a
district's citizen voting age population.
(4) Districts shall respect communities of interest,
neighborhoods, and political subdivisions to the extent
practicable and after compliance with the requirements of
paragraphs (1) through (3). A community of interest is defined
as an area with recognized similarities of interests, including
but not limited to ethnic, racial, economic, tribal, social,
cultural, geographic or historic identities. The term
communities of interest may, in certain circumstances, include
political subdivisions such as counties, municipalities, tribal
lands and reservations, or school districts, but shall not
include common relationships with political parties or
political candidates.
(b) No Favoring or Disfavoring of Political Parties.--
(1) Prohibition.--The redistricting plan enacted by a State
shall not, when considered on a Statewide basis, be drawn with
the intent or the effect of unduly favoring or disfavoring any
political party.
(2) Determination of effect.--
(A) Totality of circumstances.--For purposes of
paragraph (1), the determination of whether a
redistricting plan has the effect of unduly favoring or
disfavoring a political party shall be based on the
totality of circumstances, including evidence regarding
the durability and severity of a plan's partisan bias.
(B) Plans deemed to have effect of unduly favoring
or disfavoring a political party.--Without limiting
other ways in which a redistricting plan may be
determined to have the effect of unduly favoring or
disfavoring a political party under the totality of
circumstances under subparagraph (A), a redistricting
plan shall be deemed to have the effect of unduly
favoring or disfavoring a political party if--
(i) modeling based on relevant historical
voting patterns shows that the plan is
statistically likely to result in a partisan
bias of more than one seat in States with 20 or
fewer congressional districts or a partisan
bias of more than 2 seats in States with more
than 20 congressional districts, as determined
using quantitative measures of partisan
fairness, which may include, but are not
limited to, the seats-to-votes curve for an
enacted plan, the efficiency gap, the
declination, partisan asymmetry, and the mean-
median difference, and
(ii) alternative plans, which may include,
but are not limited to, those generated by
redistricting algorithms, exist that could have
complied with the requirements of law and not
been in violation of paragraph (1).
(3) Determination of intent.--For purposes of paragraph
(A), a rebuttable presumption shall exist that a redistricting
plan enacted by the legislature of a State was not enacted with
the intent of unduly favoring or disfavoring a political party
if the plan was enacted with the support of at least a third of
the members of the second largest political party in each house
of the legislature.
(4) No violation based on certain criteria.--No
redistricting plan shall be found to be in violation of
paragraph (1) because of partisan bias attributable to the
application of the criteria set forth in paragraphs (1), (2),
or (3) of subsection (a), unless one or more alternative plans
could have complied with such paragraphs without having the
effect of unduly favoring or disfavoring a political party.
(c) Factors Prohibited From Consideration.--In developing the
redistricting plan for the State, the independent redistricting
commission may not take into consideration any of the following
factors, except to the extent necessary to comply with the criteria
described in paragraphs (1) through (3) of subsection (a), subsection
(b), and to enable the redistricting plan to be measured against the
external metrics described in section 2413(d):
(1) The residence of any Member of the House of
Representatives or candidate.
(2) The political party affiliation or voting history of
the population of a district.
(d) Applicability.--This section applies to any authority, whether
appointed, elected, judicial, or otherwise, that designs or enacts a
congressional redistricting plan of a State.
(e) Severability of Criteria.--If any of the criteria set forth in
this section, or the application of such criteria to any person or
circumstance, is held to be unconstitutional, the remaining criteria
set forth in this section, and the application of such criteria to any
person or circumstance, shall not be affected by the holding.
PART 2--INDEPENDENT REDISTRICTING COMMISSIONS
SEC. 2411. INDEPENDENT REDISTRICTING COMMISSION.
(a) Appointment of Members.--
(1) In general.--The nonpartisan agency established or
designated by a State under section 2414(a) shall establish an
independent redistricting commission for the State, which shall
consist of 15 members appointed by the agency as follows:
(A) Not later than October 1 of a year ending in
the numeral zero, the agency shall, at a public meeting
held not earlier than 15 days after notice of the
meeting has been given to the public, first appoint 6
members as follows:
(i) The agency shall appoint 2 members on a
random basis from the majority category of the
approved selection pool (as described in
section 2412(b)(1)(A)).
(ii) The agency shall appoint 2 members on
a random basis from the minority category of
the approved selection pool (as described in
section 2412(b)(1)(B)).
(iii) The agency shall appoint 2 members on
a random basis from the independent category of
the approved selection pool (as described in
section 2412(b)(1)(C)).
(B) Not later than November 15 of a year ending in
the numeral zero, the members appointed by the agency