[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 460 Placed on Calendar Senate (PCS)]

                                                         Calendar No. 8

103d CONGRESS

  1st Session

                                 S. 460

                           [Report No. 103-6]

_______________________________________________________________________

                                 A BILL

    To establish national voter registration procedures for Federal 
                   elections, and for other purposes.

_______________________________________________________________________

             February 25 (legislative day, January 5), 1993

                 Read twice and placed on the calendar





                                                         Calendar No. 8
103d CONGRESS
  1st Session
                                 S. 460

                           [Report No. 103-6]

    To establish national voter registration procedures for Federal 
                   elections, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

             February 25 (legislative day, January 5), 1993

Mr. Ford, from the Committee on Rules and Administration, reported the 
    following original bill; which was read twice and placed on the 
                                calendar

_______________________________________________________________________

                                 A BILL


 
    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 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 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) Except as provided in subsection (b), 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.
    (2) An application for voter registration submitted under paragraph 
(1) shall be considered as updating any previous voter registration by 
the applicant.
    (b) Declination To Register.--(1) An applicant for a State motor 
vehicle driver's license may decline in writing to be registered by 
means of the motor vehicle driver's license application.
    (2) No information relating to a declination pursuant to paragraph 
(1) 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) shall include a means by which an applicant may decline 
        to register to vote pursuant to subsection (b);
            (C) 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;
            (D) 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; 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.

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.

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, unemployment compensation, or related services; 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, 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.
            (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; or
            (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.
    (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) to the greatest extent practicable, incorporate in 
        application forms and other forms used at those offices for 
        purposes other than voter registration a means by which a 
        person who completes the form may decline, in writing, to 
        register to vote in elections for Federal office; 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.
    (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) 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)(ii)(II), 
voting at the former polling place as described in subparagraph (A)(i) 
and at a central location as described in subparagraph (A)(ii)(I) need 
not be provided as alternative 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:
``Sec. 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, the heads of the departments, agencies, and other 
        entities of the executive branch of the Federal Government, and 
        representatives of nongovernmental entities, shall prescribe 
        such regulations as are necessary to carry out this Act;
            (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; and
            (3) may not include any requirement for notarization or 
        other formal authentication.

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 January 1, 1996; and
            (2) with respect to any State not described in paragraph 
        (1), on January 1, 1995.
S 460 PCS----2
S 460 PCS----3