[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2 Enrolled Bill (ENR)]
H.R.2
One Hundred Third Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Tuesday,
the fifth day of January, one thousand nine hundred and ninety-three
An Act
To establish national voter registration procedures for Federal
elections, 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 ``National Voter Registration Act of
1993''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds that--
(1) the right of citizens of the United States to vote is a
fundamental right;
(2) it is the duty of the Federal, State, and local governments
to promote the exercise of that right; and
(3) discriminatory and unfair registration laws and procedures
can have a direct and damaging effect on voter participation in
elections for Federal office and disproportionately harm voter
participation by various groups, including racial minorities.
(b) Purposes.--The purposes of this Act are--
(1) to establish procedures that will increase the number of
eligible citizens who register to vote in elections for Federal
office;
(2) to make it possible for Federal, State, and local
governments to implement this Act in a manner that enhances the
participation of eligible citizens as voters in elections for
Federal office;
(3) to protect the integrity of the electoral process; and
(4) to ensure that accurate and current voter registration rolls
are maintained.
SEC. 3. DEFINITIONS.
As used in this Act--
(1) the term ``election'' has the meaning stated in section
301(1) of the Federal Election Campaign Act of 1971 (2 U.S.C.
431(1));
(2) the term ``Federal office'' has the meaning stated in
section 301(3) of the Federal Election Campaign Act of 1971 (2
U.S.C. 431(3));
(3) the term ``motor vehicle driver's license'' includes any
personal identification document issued by a State motor vehicle
authority;
(4) the term ``State'' means a State of the United States and
the District of Columbia; and
(5) the term ``voter registration agency'' means an office
designated under section 7(a)(1) to perform voter registration
activities.
SEC. 4. NATIONAL PROCEDURES FOR VOTER REGISTRATION FOR ELECTIONS FOR
FEDERAL OFFICE.
(a) In General.--Except as provided in subsection (b),
notwithstanding any other Federal or State law, in addition to any other
method of voter registration provided for under State law, each State
shall establish procedures to register to vote in elections for Federal
office--
(1) by application made simultaneously with an application for a
motor vehicle driver's license pursuant to section 5;
(2) by mail application pursuant to section 6; and
(3) by application in person--
(A) at the appropriate registration site designated with
respect to the residence of the applicant in accordance with
State law; and
(B) at a Federal, State, or nongovernmental office
designated under section 7.
(b) Nonapplicability to Certain States.--This Act does not apply to
a State described in either or both of the following paragraphs:
(1) A State in which, under law that is in effect continuously
on and after March 11, 1993, there is no voter registration
requirement for any voter in the State with respect to an election
for Federal office.
(2) A State in which, under law that is in effect continuously
on and after March 11, 1993, or that was enacted on or prior to
March 11, 1993, and by its terms is to come into effect upon the
enactment of this Act, so long as that law remains in effect, all
voters in the State may register to vote at the polling place at the
time of voting in a general election for Federal office.
SEC. 5. SIMULTANEOUS APPLICATION FOR VOTER REGISTRATION AND APPLICATION
FOR MOTOR VEHICLE DRIVER'S LICENSE.
(a) In General.--(1) Each State motor vehicle driver's license
application (including any renewal application) submitted to the
appropriate State motor vehicle authority under State law shall serve as
an application for voter registration with respect to elections for
Federal office unless the applicant fails to sign the voter registration
application.
(2) An application for voter registration submitted under paragraph
(1) shall be considered as updating any previous voter registration by
the applicant.
(b) Limitation on Use of Information.--No information relating to
the failure of an applicant for a State motor vehicle driver's license
to sign a voter registration application may be used for any purpose
other than voter registration.
(c) Forms and Procedures.--(1) Each State shall include a voter
registration application form for elections for Federal office as part
of an application for a State motor vehicle driver's license.
(2) The voter registration application portion of an application for
a State motor vehicle driver's license--
(A) may not require any information that duplicates information
required in the driver's license portion of the form (other than a
second signature or other information necessary under subparagraph
(C));
(B) may require only the minimum amount of information necessary
to--
(i) prevent duplicate voter registrations; and
(ii) enable State election officials to assess the
eligibility of the applicant and to administer voter
registration and other parts of the election process;
(C) shall include a statement that--
(i) states each eligibility requirement (including
citizenship);
(ii) contains an attestation that the applicant meets each
such requirement; and
(iii) requires the signature of the applicant, under penalty
of perjury;
(D) shall include, in print that is identical to that used in
the attestation portion of the application--
(i) the information required in section 8(a)(5) (A) and (B);
(ii) a statement that, if an applicant declines to register
to vote, the fact that the applicant has declined to register
will remain confidential and will be used only for voter
registration purposes; and
(iii) a statement that if an applicant does register to
vote, the office at which the applicant submits a voter
registration application will remain confidential and will be
used only for voter registration purposes; and
(E) shall be made available (as submitted by the applicant, or
in machine readable or other format) to the appropriate State
election official as provided by State law.
(d) Change of Address.--Any change of address form submitted in
accordance with State law for purposes of a State motor vehicle driver's
license shall serve as notification of change of address for voter
registration with respect to elections for Federal office for the
registrant involved unless the registrant states on the form that the
change of address is not for voter registration purposes.
(e) Transmittal Deadline.--(1) Subject to paragraph (2), a completed
voter registration portion of an application for a State motor vehicle
driver's license accepted at a State motor vehicle authority shall be
transmitted to the appropriate State election official not later than 10
days after the date of acceptance.
(2) If a registration application is accepted within 5 days before
the last day for registration to vote in an election, the application
shall be transmitted to the appropriate State election official not
later than 5 days after the date of acceptance.
SEC. 6. MAIL REGISTRATION.
(a) Form.--(1) Each State shall accept and use the mail voter
registration application form prescribed by the Federal Election
Commission pursuant to section 9(a)(2) for the registration of voters in
elections for Federal office.
(2) In addition to accepting and using the form described in
paragraph (1), a State may develop and use a mail voter registration
form that meets all of the criteria stated in section 9(b) for the
registration of voters in elections for Federal office.
(3) A form described in paragraph (1) or (2) shall be accepted and
used for notification of a registrant's change of address.
(b) Availability of Forms.--The chief State election official of a
State shall make the forms described in subsection (a) available for
distribution through governmental and private entities, with particular
emphasis on making them available for organized voter registration
programs.
(c) First-Time Voters.--(1) Subject to paragraph (2), a State may by
law require a person to vote in person if--
(A) the person was registered to vote in a jurisdiction by mail;
and
(B) the person has not previously voted in that jurisdiction.
(2) Paragraph (1) does not apply in the case of a person--
(A) who is entitled to vote by absentee ballot under the
Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C.
1973ff-1 et seq.);
(B) who is 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 (42 U.S.C. 1973ee-1(b)(2)(B)(ii)); or
(C) who is entitled to vote otherwise than in person under any
other Federal law.
(d) Undelivered Notices.--If a notice of the disposition of a mail
voter registration application under section 8(a)(2) is sent by
nonforwardable mail and is returned undelivered, the registrar may
proceed in accordance with section 8(d).
SEC. 7. VOTER REGISTRATION AGENCIES.
(a) Designation.--(1) Each State shall designate agencies for the
registration of voters in elections for Federal office.
(2) Each State shall designate as voter registration agencies--
(A) all offices in the State that provide public assistance; and
(B) all offices in the State that provide State-funded programs
primarily engaged in providing services to persons with
disabilities.
(3)(A) In addition to voter registration agencies designated under
paragraph (2), each State shall designate other offices within the State
as voter registration agencies.
(B) Voter registration agencies designated under subparagraph (A)
may include--
(i) State or local government offices such as public libraries,
public schools, offices of city and county clerks (including
marriage license bureaus), fishing and hunting license bureaus,
government revenue offices, unemployment compensation offices, and
offices not described in paragraph (2)(B) that provide services to
persons with disabilities; and
(ii) Federal and nongovernmental offices, with the agreement of
such offices.
(4)(A) At each voter registration agency, the following services
shall be made available:
(i) Distribution of mail voter registration application forms in
accordance with paragraph (6).
(ii) Assistance to applicants in completing voter registration
application forms, unless the applicant refuses such assistance.
(iii) Acceptance of completed voter registration application
forms for transmittal to the appropriate State election official.
(B) If a voter registration agency designated under paragraph (2)(B)
provides services to a person with a disability at the person's home,
the agency shall provide the services described in subparagraph (A) at
the person's home.
(5) A person who provides service described in paragraph (4) shall
not--
(A) seek to influence an applicant's political preference or
party registration;
(B) display any such political preference or party allegiance;
(C) make any statement to an applicant or take any action the
purpose or effect of which is to discourage the applicant from
registering to vote; or
(D) make any statement to an applicant or take any action the
purpose or effect of which is to lead the applicant to believe that
a decision to register or not to register has any bearing on the
availability of services or benefits.
(6) A voter registration agency that is an office that provides
service or assistance in addition to conducting voter registration
shall--
(A) distribute with each application for such service or
assistance, and with each recertification, renewal, or change of
address form relating to such service or assistance--
(i) the mail voter registration application form described
in section 9(a)(2), including a statement that--
(I) specifies each eligibility requirement (including
citizenship);
(II) contains an attestation that the applicant meets
each such requirement; and
(III) requires the signature of the applicant, under
penalty of perjury; or
(ii) the office's own form if it is equivalent to the form
described in section 9(a)(2),
unless the applicant, in writing, declines to register to vote;
(B) provide a form that includes--
(i) the question, ``If you are not registered to vote where
you live now, would you like to apply to register to vote here
today?'';
(ii) 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.'';
(iii) boxes for the applicant to check to indicate whether
the applicant would like to register or declines to register to
vote (failure to check either box being deemed to constitute a
declination to register for purposes of subparagraph (C)),
together with the statement (in close proximity to the boxes and
in prominent type), ``IF YOU DO NOT CHECK EITHER BOX, YOU WILL
BE CONSIDERED TO HAVE DECIDED NOT TO REGISTER TO VOTE AT THIS
TIME.'';
(iv) the statement, ``If you would like help in filling out
the voter registration application form, we will help you. The
decision whether to seek or accept help is yours. You may fill
out the application form in private.''; and
(v) the statement, ``If you believe that someone has
interfered with your right to register or to decline to register
to vote, your right to privacy in deciding whether to register
or in applying to register to vote, or your right to choose your
own political party or other political preference, you may file
a complaint with
&llmdash;&llmdash;&llmdash;&llmdash;&llmdash;&llmdash;.'', the
blank being filled by the name, address, and telephone number of
the appropriate official to whom such a complaint should be
addressed; and
(C) provide to each applicant who does not decline to register
to vote the same degree of assistance with regard to the completion
of the registration application form as is provided by the office
with regard to the completion of its own forms, unless the applicant
refuses such assistance.
(7) No information relating to a declination to register to vote in
connection with an application made at an office described in paragraph
(6) may be used for any purpose other than voter registration.
(b) Federal Government and Private Sector Cooperation.--All
departments, agencies, and other entities of the executive branch of the
Federal Government shall, to the greatest extent practicable, cooperate
with the States in carrying out subsection (a), and all nongovernmental
entities are encouraged to do so.
(c) Armed Forces Recruitment Offices.--(1) Each State and the
Secretary of Defense shall jointly develop and implement procedures for
persons to apply to register to vote at recruitment offices of the Armed
Forces of the United States.
(2) A recruitment office of the Armed Forces of the United States
shall be considered to be a voter registration agency designated under
subsection (a)(2) for all purposes of this Act.
(d) Transmittal Deadline.--(1) Subject to paragraph (2), a completed
registration application accepted at a voter registration agency shall
be transmitted to the appropriate State election official not later than
10 days after the date of acceptance.
(2) If a registration application is accepted within 5 days before
the last day for registration to vote in an election, the application
shall be transmitted to the appropriate State election official not
later than 5 days after the date of acceptance.
SEC. 8. REQUIREMENTS WITH RESPECT TO ADMINISTRATION OF VOTER
REGISTRATION.
(a) In General.--In the administration of voter registration for
elections for Federal office, each State shall--
(1) ensure that any eligible applicant is registered to vote in
an election--
(A) in the case of registration with a motor vehicle
application under section 5, if the valid voter registration
form of the applicant is submitted to the appropriate State
motor vehicle authority not later than the lesser of 30 days, or
the period provided by State law, before the date of the
election;
(B) in the case of registration by mail under section 6, if
the valid voter registration form of the applicant is postmarked
not later than the lesser of 30 days, or the period provided by
State law, before the date of the election;
(C) in the case of registration at a voter registration
agency, if the valid voter registration form of the applicant is
accepted at the voter registration agency not later than the
lesser of 30 days, or the period provided by State law, before
the date of the election; and
(D) in any other case, if the valid voter registration form
of the applicant is received by the appropriate State election
official not later than the lesser of 30 days, or the period
provided by State law, before the date of the election;
(2) require the appropriate State election official to send
notice to each applicant of the disposition of the application;
(3) provide that the name of a registrant may not be removed
from the official list of eligible voters except--
(A) at the request of the registrant;
(B) as provided by State law, by reason of criminal
conviction or mental incapacity; or
(C) as provided under paragraph (4);
(4) conduct a general program that makes a reasonable effort to
remove the names of ineligible voters from the official lists of
eligible voters by reason of--
(A) the death of the registrant; or
(B) a change in the residence of the registrant, in
accordance with subsections (b), (c), and (d);
(5) inform applicants under sections 5, 6, and 7 of--
(A) voter eligibility requirements; and
(B) penalties provided by law for submission of a false
voter registration application; and
(6) ensure that the identity of the voter registration agency
through which any particular voter is registered is not disclosed to
the public.
(b) Confirmation of Voter Registration.--Any State program or
activity to protect the integrity of the electoral process by ensuring
the maintenance of an accurate and current voter registration roll for
elections for Federal office--
(1) shall be uniform, nondiscriminatory, and in compliance with
the Voting Rights Act of 1965 (42 U.S.C. 1973 et seq.); and
(2) shall not result in the removal of the name of any person
from the official list of voters registered to vote in an election
for Federal office by reason of the person's failure to vote.
(c) Voter Removal Programs.--(1) A State may meet the requirement of
subsection (a)(4) by establishing a program under which--
(A) change-of-address information supplied by the Postal Service
through its licensees is used to identify registrants whose
addresses may have changed; and
(B) if it appears from information provided by the Postal
Service that--
(i) a registrant has moved to a different residence address
in the same registrar's jurisdiction in which the registrant is
currently registered, the registrar changes the registration
records to show the new address and sends the registrant a
notice of the change by forwardable mail and a postage prepaid
pre-addressed return form by which the registrant may verify or
correct the address information; or
(ii) the registrant has moved to a different residence
address not in the same registrar's jurisdiction, the registrar
uses the notice procedure described in subsection (d)(2) to
confirm the change of address.
(2)(A) A State shall complete, not later than 90 days prior to the
date of a primary or general election for Federal office, any program
the purpose of which is to systematically remove the names of ineligible
voters from the official lists of eligible voters.
(B) Subparagraph (A) shall not be construed to preclude--
(i) the removal of names from official lists of voters on a
basis described in paragraph (3) (A) or (B) or (4)(A) of subsection
(a); or
(ii) correction of registration records pursuant to this Act.
(d) Removal of Names From Voting Rolls.--(1) A State shall not
remove the name of a registrant from the official list of eligible
voters in elections for Federal office on the ground that the registrant
has changed residence unless the registrant--
(A) confirms in writing that the registrant has changed
residence to a place outside the registrar's jurisdiction in which
the registrant is registered; or
(B)(i) has failed to respond to a notice described in paragraph
(2); and
(ii) has not voted or appeared to vote (and, if necessary,
correct the registrar's record of the registrant's address) in an
election during the period beginning on the date of the notice and
ending on the day after the date of the second general election for
Federal office that occurs after the date of the notice.
(2) A notice is described in this paragraph if it is a postage
prepaid and pre-addressed return card, sent by forwardable mail, on
which the registrant may state his or her current address, together with
a notice to the following effect:
(A) If the registrant did not change his or her residence, or
changed residence but remained in the registrar's jurisdiction, the
registrant should return the card not later than the time provided
for mail registration under subsection (a)(1)(B). If the card is not
returned, affirmation or confirmation of the registrant's address
may be required before the registrant is permitted to vote in a
Federal election during the period beginning on the date of the
notice and ending on the day after the date of the second general
election for Federal office that occurs after the date of the
notice, and if the registrant does not vote in an election during
that period the registrant's name will be removed from the list of
eligible voters.
(B) If the registrant has changed residence to a place outside
the registrar's jurisdiction in which the registrant is registered,
information concerning how the registrant can continue to be
eligible to vote.
(3) A voting registrar shall correct an official list of eligible
voters in elections for Federal office in accordance with change of
residence information obtained in conformance with this subsection.
(e) Procedure for Voting Following Failure To Return Card.--(1) A
registrant who has moved from an address in the area covered by a
polling place to an address in the same area shall, notwithstanding
failure to notify the registrar of the change of address prior to the
date of an election, be permitted to vote at that polling place upon
oral or written affirmation by the registrant of the change of address
before an election official at that polling place.
(2)(A) A registrant who has moved from an address in the area
covered by one polling place to an address in an area covered by a
second polling place within the same registrar's jurisdiction and the
same congressional district and who has failed to notify the registrar
of the change of address prior to the date of an election, at the option
of the registrant--
(i) shall be permitted to correct the voting records and vote at
the registrant's former polling place, upon oral or written
affirmation by the registrant of the new address before an election
official at that polling place; or
(ii)(I) shall be permitted to correct the voting records and
vote at a central location within the same registrar's jurisdiction
designated by the registrar where a list of eligible voters is
maintained, upon written affirmation by the registrant of the new
address on a standard form provided by the registrar at the central
location; or
(II) shall be permitted to correct the voting records for
purposes of voting in future elections at the appropriate polling
place for the current address and, if permitted by State law, shall
be permitted to vote in the present election, upon confirmation by
the registrant of the new address by such means as are required by
law.
(B) If State law permits the registrant to vote in the current
election upon oral or written affirmation by the registrant of the new
address at a polling place described in subparagraph (A)(i) or
(A)(ii)(II), voting at the other locations described in subparagraph (A)
need not be provided as options.
(3) If the registration records indicate that a registrant has moved
from an address in the area covered by a polling place, the registrant
shall, upon oral or written affirmation by the registrant before an
election official at that polling place that the registrant continues to
reside at the address previously made known to the registrar, be
permitted to vote at that polling place.
(f) Change of Voting Address Within a Jurisdiction.--In the case of
a change of address, for voting purposes, of a registrant to another
address within the same registrar's jurisdiction, the registrar shall
correct the voting registration list accordingly, and the registrant's
name may not be removed from the official list of eligible voters by
reason of such a change of address except as provided in subsection (d).
(g) Conviction in Federal Court.--(1) On the conviction of a person
of a felony in a district court of the United States, the United States
attorney shall give written notice of the conviction to the chief State
election official designated under section 10 of the State of the
person's residence.
(2) A notice given pursuant to paragraph (1) shall include--
(A) the name of the offender;
(B) the offender's age and residence address;
(C) the date of entry of the judgment;
(D) a description of the offenses of which the offender was
convicted; and
(E) the sentence imposed by the court.
(3) On request of the chief State election official of a State or
other State official with responsibility for determining the effect that
a conviction may have on an offender's qualification to vote, the United
States attorney shall provide such additional information as the United
States attorney may have concerning the offender and the offense of
which the offender was convicted.
(4) If a conviction of which notice was given pursuant to paragraph
(1) is overturned, the United States attorney shall give the official to
whom the notice was given written notice of the vacation of the
judgment.
(5) The chief State election official shall notify the voter
registration officials of the local jurisdiction in which an offender
resides of the information received under this subsection.
(h) Reduced Postal Rates.--(1) Subchapter II of chapter 36 of title
39, United States Code, is amended by adding at the end the following:
``§3629. Reduced rates for voter registration purposes
``The Postal Service shall make available to a State or local voting
registration official the rate for any class of mail that is available
to a qualified nonprofit organization under section 3626 for the purpose
of making a mailing that the official certifies is required or
authorized by the National Voter Registration Act of 1993.''.
(2) The first sentence of section 2401(c) of title 39, United States
Code, is amended by striking out ``and 3626(a)-(h) and (j)-(k) of this
title,'' and inserting in lieu thereof ``3626(a)-(h), 3626(j)-(k), and
3629 of this title''.
(3) Section 3627 of title 39, United States Code, is amended by
striking out ``or 3626 of this title,'' and inserting in lieu thereof
``3626, or 3629 of this title''.
(4) The table of sections for chapter 36 of title 39, United States
Code, is amended by inserting after the item relating to section 3628
the following new item:
``3629. Reduced rates for voter registration purposes.''.
(i) Public Disclosure of Voter Registration Activities.--(1) Each
State shall maintain for at least 2 years and shall make available for
public inspection and, where available, photocopying at a reasonable
cost, all records concerning the implementation of programs and
activities conducted for the purpose of ensuring the accuracy and
currency of official lists of eligible voters, except to the extent that
such records relate to a declination to register to vote or to the
identity of a voter registration agency through which any particular
voter is registered.
(2) The records maintained pursuant to paragraph (1) shall include
lists of the names and addresses of all persons to whom notices
described in subsection (d)(2) are sent, and information concerning
whether or not each such person has responded to the notice as of the
date that inspection of the records is made.
(j) Definition.--For the purposes of this section, the term
``registrar's jurisdiction'' means--
(1) an incorporated city, town, borough, or other form of
municipality;
(2) if voter registration is maintained by a county, parish, or
other unit of government that governs a larger geographic area than
a municipality, the geographic area governed by that unit of
government; or
(3) if voter registration is maintained on a consolidated basis
for more than one municipality or other unit of government by an
office that performs all of the functions of a voting registrar, the
geographic area of the consolidated municipalities or other
geographic units.
SEC. 9. FEDERAL COORDINATION AND REGULATIONS.
(a) In General.--The Federal Election Commission--
(1) in consultation with the chief election officers of the
States, shall prescribe such regulations as are necessary to carry
out paragraphs (2) and (3);
(2) in consultation with the chief election officers of the
States, shall develop a mail voter registration application form for
elections for Federal office;
(3) not later than June 30 of each odd-numbered year, shall
submit to the Congress a report assessing the impact of this Act on
the administration of elections for Federal office during the
preceding 2-year period and including recommendations for
improvements in Federal and State procedures, forms, and other
matters affected by this Act; and
(4) shall provide information to the States with respect to the
responsibilities of the States under this Act.
(b) Contents of Mail Voter Registration Form.--The mail voter
registration form developed under subsection (a)(2)--
(1) may require only such identifying information (including the
signature of the applicant) and other information (including data
relating to previous registration by the applicant), as is necessary
to enable the appropriate State election official to assess the
eligibility of the applicant and to administer voter registration
and other parts of the election process;
(2) shall include a statement that--
(A) specifies each eligibility requirement (including
citizenship);
(B) contains an attestation that the applicant meets each
such requirement; and
(C) requires the signature of the applicant, under penalty
of perjury;
(3) may not include any requirement for notarization or other
formal authentication; and
(4) shall include, in print that is identical to that used in
the attestation portion of the application--
(i) the information required in section 8(a)(5) (A) and (B);
(ii) a statement that, if an applicant declines to register
to vote, the fact that the applicant has declined to register
will remain confidential and will be used only for voter
registration purposes; and
(iii) a statement that if an applicant does register to
vote, the office at which the applicant submits a voter
registration application will remain confidential and will be
used only for voter registration purposes.
SEC. 10. DESIGNATION OF CHIEF STATE ELECTION OFFICIAL.
Each State shall designate a State officer or employee as the chief
State election official to be responsible for coordination of State
responsibilities under this Act.
SEC. 11. CIVIL ENFORCEMENT AND PRIVATE RIGHT OF ACTION.
(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) A person who is aggrieved by a
violation of this Act may provide written notice of the violation to the
chief election official of the State involved.
(2) 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) 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 under paragraph (2).
(c) Attorney's Fees.--In a civil action under this section, the
court may allow the prevailing party (other than the United States)
reasonable attorney fees, including litigation expenses, and costs.
(d) Relation to Other Laws.--(1) The rights and remedies established
by this section 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) 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.).
SEC. 12. CRIMINAL PENALTIES.
A person, including an election official, who in any election for
Federal office--
(1) knowingly and willfully intimidates, threatens, or coerces,
or attempts to intimidate, threaten, or coerce, any person for--
(A) registering to vote, or voting, or attempting to
register or vote;
(B) urging or aiding any person to register to vote, to
vote, or to attempt to register or vote; or
(C) exercising any right under this Act; or
(2) knowingly and willfully deprives, defrauds, or attempts to
deprive or defraud the residents of a State of a fair and
impartially conducted election process, by--
(A) the procurement or submission of voter registration
applications that are known by the person to be materially
false, fictitious, or fraudulent under the laws of the State in
which the election is held; or
(B) the procurement, casting, or tabulation of ballots that
are known by the person to be materially false, fictitious, or
fraudulent under the laws of the State in which the election is
held,
shall be fined in accordance with title 18, United States Code (which
fines shall be paid into the general fund of the Treasury, miscellaneous
receipts (pursuant to section 3302 of title 31, United States Code),
notwithstanding any other law), or imprisoned not more than 5 years, or
both.
SEC. 13. EFFECTIVE DATE.
This Act shall take effect--
(1) with respect to a State that on the date of enactment of
this Act has a provision in the constitution of the State that would
preclude compliance with this Act unless the State maintained
separate Federal and State official lists of eligible voters, on the
later of--
(A) January 1, 1996; or
(B) the date that is 120 days after the date by which, under
the constitution of the State as in effect on the date of
enactment of this Act, it would be legally possible to adopt and
place into effect any amendments to the constitution of the
State that are necessary to permit such compliance with this Act
without requiring a special election; and
(2) with respect to any State not described in paragraph (1), on
January 1, 1995.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.