113 S2751 IS: Rural and Tribal Voter Rights Act U.S. Senate 2014-07-31 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

II 113th CONGRESS2d Session S. 2751 IN THE SENATE OF THE UNITED STATES July 31, 2014 Mr. Walsh introduced the following bill; which was read twice and referred to the Committee on Rules and Administration A BILL To provide payments to States for activities to expand early voting access, provide for an equitable distribution of early voting polling locations, including early voting polling locations on Indian tribal land, and to implement voter registration reforms for elections for Federal office, and for other purposes.

1.

Short title

This Act may be cited as the Rural and Tribal Voter Rights Act.

2.

Definitions

In this Act:(1)

Chief State election official

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 (42 U.S.C. 1973gg–8) to be responsible for coordination of the State's responsibilities under such Act.(2)

Commission

The term Commission means the Election Assistance Commission established under section 201 of the Help America Vote Act of 2002 (42 U.S.C. 15321).

3.

Payments to States for activities to expand early voting access, provide for equitable distribution of early voting polling locations, and voter registration reforms

(a)

In general

The Commission shall make a requirements payment each fiscal year in an amount determined under subsection (b) to each State that the Commission determines meets the requirements described in section 4(b).(b)

Amount of payment

(1)

In general

Subject to subsection (c), the amount of a payment made to a State for a fiscal year under this section shall be equal to the product of—(A)the total amount appropriated for payments for the fiscal year pursuant to the authorization under subsection (h) minus the total amount of all of the minimum payment amounts determined under subsection (c); and(B)the State allocation percentage for the State (as determined under paragraph (2)).(2)

State allocation percentage defined

The State allocation percentage for a State is the amount (expressed as a percentage) equal to the quotient of—(A)the voting age population of the State (as reported in the most recent decennial census); and(B)the total voting age population of all States (as reported in the most recent decennial census).(c)

Guaranteed minimum payment amount

The amount of a payment made to a State for a fiscal year under this section may not be less than—(1)in the case of any of the several States or the District of Columbia, one-half of 1 percent of the total amount appropriated for payments under the authorization under subsection (h) for the fiscal year; or(2)in the case of the Commonwealth of Puerto Rico, Guam, American Samoa, or the United States Virgin Islands, one-tenth of 1 percent of such total amount.(d)

State receipt of funds

A State is eligible to receive a payment under this section for a fiscal year if the chief executive officer of the State, or designee, in consultation and coordination with the chief State election official, has filed with the Commission a statement certifying that the State is in compliance with the requirements of section 4(b).(e)

Use of payment

(1)

In general

A State shall use the funds provided under a payment made under this section to carry out the requirements of this Act, including the following:(A)Training and hiring election officials, poll workers, and election volunteers.(B)Establishing early voting locations.(C)Implementing the State plan described in section 4(b).(D)Acquiring, leasing, improving, modifying, or replacing voting technology to implement the requirements of this Act.(E)Establishing online registration systems.(F)Educating voters about voting opportunities, voter registration, voting procedures, and voting rights.(2)

Use for other purposes

Subject to paragraph (3), a State may use the funds provided under a payment made under this section to improve the administration of elections for Federal office if the chief State election official certifies that the requirements of this Act have been met.(3)

Limitation

A State may not use any portion of a payment under this section—(A)to pay costs associated with any litigation; or(B)for the payment of any judgment.(f)

Eligibility

A State is eligible to receive a payment under this section notwithstanding that State legislation is required to carry out an activity under this Act and the State legislation has not been enacted at the time this Act takes effect.(g)

Deposit of Amounts in State Election Fund

A State shall deposit any funds provided under this section in the State election fund described in section 254(b) of the Help America Vote Act of 2002 (42 U.S.C. 15404(b)).(h)

Authorization of appropriations

(1)

In general

There are authorized to be appropriated to carry out this section such sums as may be necessary to provide grants to States to carry out the requirements of this Act.(2)

Continuing availability of Funds After Appropriation

Any payment made to a State under this section shall be available to the State without fiscal year limitation.

4.

Equitable distribution of early voting polling locations

(a)

Tribal early voting locations

A State or local election official shall provide at least one early voting location on tribal land when requested by the applicable Tribal government.(b)

State early voting location distribution plan development

(1)

In general

Each State shall, after reasonable notice and public hearings, adopt and submit to the Commission, not later than the date that is 2 years after the date of enactment of this Act, a plan which provides for the equitable distribution of early voting locations.(2)

State plan development

The chief executive officer of each State, or designee, in consultation and coordination with the chief State election official, shall develop the State plan through a committee of appropriate individuals, including the local election officials of the two most populous jurisdictions in the State, other local election officials in the State, stakeholders, and other citizens, appointed for such purpose by the chief State election official.(3)

State plan requirements

A State plan shall ensure that eligible voters have adequate access to early voting locations, taking into consideration each of the following:(A)Population density.(B)Travel time to local election offices.(C)Travel time to permanent or temporary early voting locations.(D)The potential use of alternate early voting locations, including public buildings, city and county government buildings, tribal government offices, public libraries, fairgrounds, civic centers, courthouses, senior centers, community centers, and private places of business.(E)The extent to which members of a class protected by section 2(a) of the Voting Rights of Act of 1965 (42 U.S.C. 1973(a)) have an equal opportunity to participate in early voting and have an equal opportunity to access early voting locations.(F)The potential use of temporary early voting locations, including mobile voting systems.(4)

Revision of State plan

Each State plan shall provide for revision of the plan from time to time as may be necessary to take account of changes in voter populations.(5)

Publication by commission

The Commission shall publish in the Federal Register each State plan submitted to the Commission under this subsection.(6)

Exemption for States that provide for equitable distribution of early voting locations

The requirements of this subsection shall not apply to a State that, under State law that is in effect continuously on and after June 1, 2016, provides for the equitable distribution of early voting locations in the State with respect to elections for Federal office (as determined by the Commission).

5.

Expanding early voting access

(a)

In general

Each State shall make early voting available to any eligible voter for at least ten days before an election for Federal office. An eligible voter may cast their early voting ballots in person at an early voting location during that 10-day period in the same manner as any ballot would be cast in the precinct on election day.(b)

Effective date

Each State shall be required to comply with the requirements of this section on and after the date that is one year after the date of enactment of this Act.

6.

Designation of certain Federal facilities as voter registration agencies

(a)

In general

The Secretary of Veterans Affairs, the Secretary of Health and Human Services, the Commissioner of the Social Security Administration, the Postmaster General, the Secretary of Agriculture, and the Secretary of the Interior shall permit a State to designate facilities of the respective agencies located in the State as voter registration agencies under section 7 of the National Voter Registration Act of 1993 (42 U.S.C. 1973gg–5).(b)

Activities

A voter registration agency designated under subsection (a) shall carry out the following activities:(1)Offer with each application to the agency for service or assistance, and with each recertification, renewal, or change of address form relating to such service or assistance, the mail voter registration application form described in section 9 of the National Voter Registration Act of 1993 (42 U.S.C. 1973gg–7(a)(2)) or the agency's own form if it is equivalent to the form described in such section, unless the applicant declines to register to vote or update their voter registration in writing.(2)Provide a form that includes the following:(A)The question, If you are not registered to vote where you live now, would you like to apply to register to vote here today?.(B)If the agency provides public assistance, the statement, Applying to register or declining to register to vote will not affect the amount of assistance that you will be provided by this agency..(C)Boxes for the applicant to check to indicate whether the applicant would like to register or update their registration to vote, or decline to register or update their registration to vote.(3)Provide assistance to applicants in completing the voter registration application forms, unless the applicant refuses such assistance in writing.(4)Accept completed voter registration application forms for transmittal to the appropriate State or local election official.(c)

Transmittal

(1)

In general

Subject to paragraph (2), a completed voter registration application accepted at a voter registration agency designated under subsection (a) shall be electronically transmitted, in a format that can be translated and uploaded into the Statewide voter database established pursuant to section 303(a) of the Help America Vote Act of 2002 (42 U.S.C. 15483(a)), to the appropriate State or local election official not later than 10 days after the date of acceptance.(2)

Exception

If a voter registration application is accepted within 5 days before the last day for registration to vote in an election for Federal office, the application shall be transmitted to the appropriate State or local election official not later than 5 days after the date of acceptance.(3)

Updated registration

If an application is an updated voter registration, the voter registration agency shall label the updated registration accordingly.(d)

Clarification regarding application

The requirements of this section shall only apply to a voter registration agency designated under subsection (a). Nothing in this section shall affect the application of section 7 of the National Voter Registration Act of 1993 (42 U.S.C. 1973gg–5) to a voter registration agency not designated under such subsection.(e)

Integration with State electronic voter registration systems

The Commission shall implement an online system that, to the extent practicable—(1)provides an electronic means for a voter registration agency designated under subsection (a) to carry out the requirements of this section;(2)transmits a completed voter registration application to the appropriate State or local election official; and(3)in the case of an individual registering to vote in a State that operates its own electronic voter registration system, directs an applicant to that system.

7.

Same day and electronic registration

(a)

Same day registration

Notwithstanding section 8(a)(1)(D) of the National Voter Registration Act of 1993 (42 U.S.C. 1973gg–6), each State shall permit any eligible individual on the day of an election for Federal office and on any day when voting, including early voting, is permitted for an election for Federal office—(1)to register to vote in such election using a form that meets the requirements under section 9(b) of the National Voter Registration Act of 1993; and (2)to cast a vote in such election. (b)

Electronic registration

(1)

In general

Each State shall provide a secure online interface available to the public on a public, government website that allows any eligible individual to register to vote or to update their voter registration with an online voter registration application that meets the requirements of the mail voter registration application form described in section 9 of the National Voter Registration Act of 1993 (42 U.S.C. 1973gg–7(a)(2)). The online application shall be processed in the same manner as a mail voter registration application form is processed, subject to the requirements of section 303(b) of the Help America Vote Act of 2002 (42 U.S.C. 15483(b)), except that the absence of a written signature shall not preclude the registration of an eligible individual.(2)

Effective date

Each State shall be required to comply with the requirements of this subsection on and after the date that is one year after the date of enactment of this Act.(c)

Eligible individual

For purposes of this section, the term eligible individual means, with respect to an election for Federal office, an individual who is otherwise qualified to vote in that election.(d)

Exception

This section 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.

8.

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 Act.(b)

Private right of action

(1)

Notice

A person who is aggrieved by a violation of this Act may provide written notice of the violation to the chief State election official of the State involved.(2)

Civil action

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 bring a civil action in an appropriate district court for declaratory or injunctive relief with respect to the violation.(3)

Exception to notice if violation within 30 days of election

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 State election official under paragraph (1) before bringing a civil action under paragraph (2).(c)

Relation to other laws

(1)

In general

The rights and remedies established by this Act are in addition to all other rights and remedies provided by law, and neither the rights and remedies established by this section nor any other provision of this Act shall supersede, restrict, or limit the application of the Voting Rights Act of 1965 (42 U.S.C. 1973 et seq.).(2)

No authorization or requirement for conduct prohibited by the Voting Rights Act

Nothing in this Act authorizes or requires conduct that is prohibited by the Voting Rights Act of 1965 (42 U.S.C. 1973 et seq.).