[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 5151 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
2d Session
S. 5151
To modernize voter registration, promote access to voting for
individuals with disabilities, protect the ability of individuals to
exercise the right to vote in elections for Federal office, and for
other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 24, 2024
Mrs. Gillibrand introduced the following bill; which was read twice and
referred to the Committee on Rules and Administration
_______________________________________________________________________
A BILL
To modernize voter registration, promote access to voting for
individuals with disabilities, protect the ability of individuals to
exercise the right to vote in elections for Federal office, 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; STATEMENT OF POLICY.
(a) Short Title.--This Act may be cited as the ``Voter Empowerment
Act of 2024''.
(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.
SEC. 2. TABLE OF CONTENTS.
The table of contents of this Act is as follows:
Sec. 1. Short title; statement of policy.
Sec. 2. Table of contents.
TITLE I--VOTER REGISTRATION MODERNIZATION
Sec. 100. Short title.
Subtitle A--Promoting Internet Registration
Sec. 101. Requiring availability of internet for voter registration.
Sec. 102. Use of internet to update registration information.
Sec. 103. Provision of election information by electronic mail to
individuals registered to vote.
Sec. 104. Clarification of requirement regarding necessary information
to show eligibility to vote.
Sec. 105. Prohibiting State from requiring applicants to provide more
than last 4 digits of Social Security
number.
Sec. 106. Application of rules to certain exempt States.
Sec. 107. Effective date.
Subtitle B--Automatic Voter Registration
Sec. 111. Short title; findings and purpose.
Sec. 112. Automatic registration of eligible individuals.
Sec. 113. Contributing agency assistance in registration.
Sec. 114. One-time contributing agency assistance in registration of
eligible voters in existing records.
Sec. 115. Voter protection and security in automatic registration.
Sec. 116. Registration portability and correction.
Sec. 117. Payments and grants.
Sec. 118. Treatment of exempt States.
Sec. 119. Miscellaneous provisions.
Sec. 120. Definitions.
Sec. 121. Effective date.
Subtitle C--Same Day Voter Registration
Sec. 131. Same day registration.
Subtitle D--Conditions on Removal on Basis of Interstate Cross-Checks
Sec. 141. Conditions on removal of registrants from official list of
eligible voters on basis of interstate
cross-checks.
Subtitle E--Other Initiatives To Promote Voter Registration
Sec. 151. Biennial reports on voter registration statistics.
Sec. 152. Ensuring pre-election registration deadlines are consistent
with timing of legal public holidays.
Sec. 153. Use of Postal Service hard copy change of address form to
remind individuals to update voter
registration.
Sec. 154. Grants to States for activities to encourage involvement of
minors in election activities.
Subtitle F--Availability of HAVA Requirements Payments
Sec. 161. Availability of requirements payments under HAVA to cover
costs of compliance with new requirements.
Subtitle G--Prohibiting Interference With Voter Registration
Sec. 171. Prohibiting hindering, interfering with, or preventing voter
registration.
Sec. 172. Establishment of best practices.
Subtitle H--Voter Registration Efficiency Act
Sec. 181. Short title.
Sec. 182. Requiring applicants for motor vehicle driver's licenses in
new State to indicate whether State serves
as residence for voter registration
purposes.
Subtitle I--Providing Voter Registration Information to Secondary
School Students
Sec. 191. Pilot program for providing voter registration information to
secondary school students prior to
graduation.
Sec. 192. Reports.
Sec. 193. Authorization of appropriations.
Subtitle J--Voter Registration of Minors
Sec. 194. Acceptance of voter registration applications from
individuals under 18 years of age.
TITLE II--ACCESS TO VOTING FOR INDIVIDUALS WITH DISABILITIES
Sec. 201. Requirements for States to promote access to voter
registration and voting for individuals
with disabilities.
Sec. 202. Establishment and maintenance of State accessible election
websites.
Sec. 203. Protections for in-person voting for individuals with
disabilities and older individuals.
Sec. 204. Protections for individuals subject to guardianship.
Sec. 205. Expansion and reauthorization of grant program to assure
voting access for individuals with
disabilities.
Sec. 206. Appointments to EAC Board of Advisors.
Sec. 207. Pilot programs for enabling individuals with disabilities to
register to vote privately and
independently at residences.
Sec. 208. GAO analysis and report on voting access for individuals with
disabilities.
TITLE III--PROHIBITING VOTER CAGING
Sec. 301. Voter caging and other questionable challenges prohibited.
Sec. 302. Development and adoption of best practices for preventing
voter caging.
TITLE IV--PROHIBITING DECEPTIVE PRACTICES AND PREVENTING VOTER
INTIMIDATION
Sec. 401. Short title.
Sec. 402. Prohibition on deceptive practices in Federal elections.
Sec. 403. Corrective action.
Sec. 404. Reports to Congress.
TITLE V--DEMOCRACY RESTORATION
Sec. 501. Short title.
Sec. 502. Findings.
Sec. 503. Rights of citizens.
Sec. 504. Enforcement.
Sec. 505. Notification of restoration of voting rights.
Sec. 506. Definitions.
Sec. 507. Relation to other laws.
Sec. 508. Federal prison funds.
Sec. 509. Effective date.
TITLE VI--PROMOTING ACCURACY, INTEGRITY, AND SECURITY THROUGH VOTER-
VERIFIED PERMANENT PAPER BALLOT
Sec. 601. Short title.
Sec. 602. Paper ballot and manual counting requirements.
Sec. 603. Accessibility and ballot verification for individuals with
disabilities.
Sec. 604. Durability and readability requirements for ballots.
Sec. 605. Study and report on optimal ballot design.
Sec. 606. Paper ballot printing requirements.
Sec. 607. Effective date for new requirements.
TITLE VII--PROVISIONAL BALLOTS
Sec. 701. Requirements for counting provisional ballots; establishment
of uniform and nondiscriminatory standards.
TITLE VIII--EARLY VOTING
Sec. 801. Early voting.
TITLE IX--VOTING BY MAIL
Sec. 901. Voting by mail.
Sec. 902. Absentee ballot tracking program.
Sec. 903. Election mail and delivery improvements.
Sec. 904. Voting materials postage.
TITLE X--ABSENT UNIFORMED SERVICES VOTERS AND OVERSEAS VOTERS
Sec. 1001. Pre-election reports on availability and transmission of
absentee ballots.
Sec. 1002. Enforcement.
Sec. 1003. Revisions to 45-day absentee ballot transmission rule.
Sec. 1004. Use of single absentee ballot application for subsequent
elections.
Sec. 1005. Extending guarantee of residency for voting purposes to
family members of absent military
personnel.
Sec. 1006. Requiring transmission of blank absentee ballots under
UOCAVA to certain voters.
Sec. 1007. Effective date.
TITLE XI--POLL WORKER RECRUITMENT AND TRAINING
Sec. 1101. Grants to States for poll worker recruitment and training.
Sec. 1102. State defined.
TITLE XII--ENHANCEMENT OF ENFORCEMENT
Sec. 1201. Enhancement of enforcement of Help America Vote Act of 2002.
TITLE XIII--FEDERAL ELECTION INTEGRITY
Sec. 1301. Prohibition on campaign activities by chief State election
administration officials.
TITLE XIV--PROMOTING VOTER ACCESS THROUGH ELECTION ADMINISTRATION
IMPROVEMENTS
Subtitle A--Promoting Voter Access
Sec. 1401. Treatment of institutions of higher education.
Sec. 1402. Minimum notification requirements for voters affected by
polling place changes.
Sec. 1403. Permitting use of sworn written statement to meet
identification requirements for voting.
Sec. 1404. Accommodations for voters residing in Indian lands.
Sec. 1405. Ensuring equitable and efficient operation of polling
places.
Sec. 1406. Requiring States to provide secured drop boxes for voted
absentee ballots in elections for Federal
office.
Sec. 1407. Prohibiting States from restricting curbside voting.
Subtitle B--Disaster and Emergency Contingency Plans
Sec. 1411. Requirements for Federal election contingency plans in
response to natural disasters and
emergencies.
Subtitle C--Improvements in Operation of Election Assistance Commission
Sec. 1421. Reauthorization of Election Assistance Commission.
Sec. 1422. Requiring States to participate in post-general election
surveys.
Sec. 1423. Reports by National Institute of Standards and Technology on
use of funds transferred from Election
Assistance Commission.
Sec. 1424. Recommendations to improve operations of Election Assistance
Commission.
Sec. 1425. Repeal of exemption of Election Assistance Commission from
certain government contracting
requirements.
Subtitle D--Miscellaneous Provisions
Sec. 1431. Application of laws to Commonwealth of Northern Mariana
Islands.
Sec. 1432. Definition of election for Federal office.
Sec. 1433. No effect on other laws.
Sec. 1434. Clarification of exemption for States without voter
registration.
TITLE XV--SEVERABILITY
Sec. 1501. Severability.
TITLE I--VOTER REGISTRATION MODERNIZATION
SEC. 100. SHORT TITLE.
This title may be cited as the ``Voter Registration Modernization
Act of 2024''.
Subtitle A--Promoting Internet Registration
SEC. 101. 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.--
``(A) In general.--Upon the online submission of a
completed voter registration application by an
individual under this section, the appropriate State or
local election official shall provide 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.
``(B) Method of notification.--The appropriate
State or local election official shall provide the
notice required under subparagraph (A) though the
online submission process and--
``(i) in the case of an individual who has
provided the official with an electronic mail
address, by electronic mail; and
``(ii) at the option of the individual, by
text message.
``(2) Notice of disposition.--
``(A) In general.--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
provide the individual a notice of the disposition of
the application.
``(B) Method of notification.--The appropriate
State or local election official shall provide the
notice required under subparagraph (A) by regular mail
and--
``(i) in the case of an individual who has
provided the official with an electronic mail
address, by electronic mail; and
``(ii) 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