[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4758 Introduced in House (IH)]






108th CONGRESS
  2d Session
                                H. R. 4758

To amend the National Voter Registration Act of 1993 to prohibit States 
from removing individuals from the official list of eligible voters for 
Federal elections in the State by reason of criminal conviction unless 
   the removal is carried out in accordance with standards providing 
    notice and an opportunity for an appeal, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              July 6, 2004

  Mr. Wexler introduced the following bill; which was referred to the 
                   Committee on House Administration

_______________________________________________________________________

                                 A BILL


 
To amend the National Voter Registration Act of 1993 to prohibit States 
from removing individuals from the official list of eligible voters for 
Federal elections in the State by reason of criminal conviction unless 
   the removal is carried out in accordance with standards providing 
    notice and an opportunity for an appeal, 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 ``Fair and Open Voting Standards Act 
of 2004''.

SEC. 2. STANDARDS FOR REMOVAL OF INDIVIDUALS FROM OFFICIAL LIST OF 
              ELIGIBLE VOTERS BY REASON OF CRIMINAL CONVICTION.

    (a) In General.--Section 8 of the National Voter Registration Act 
of 1993 (42 U.S.C. 1973gg-6) is amended--
            (1) by redesignating subsection (j) as subsection (k); and
            (2) by inserting after subsection (i) the following new 
        subsection:
    ``(j) Standards for Removal of Individuals From List of Eligible 
Voters by Reason of Criminal Conviction.--
            ``(1) Prohibiting removal not in compliance with 
        standards.--A State may not remove a registrant from the 
        official list of eligible voters for an election for Federal 
        office by reason of criminal conviction unless the State 
        certifies to the Election Assistance Commission that the State 
        has in effect procedures for such removal which meet the 
        requirements of this subsection and any other requirements 
        applicable under this section.
            ``(2) Minimum notice prior to removal.--
                    ``(A) In general.--In addition to any other 
                requirements applicable under this section, a State may 
                not remove a registrant from the official list of 
                eligible voters for an election for Federal office by 
                reason of criminal conviction unless the State provides 
                the registrant with a notice of removal meeting the 
                requirements of subparagraph (B)--
                            ``(i) not later than 60 days before the 
                        date of the election; and
                            ``(ii) not later than 90 days before the 
                        date of removal.
                    ``(B) Requirements for notice.--The notice required 
                under this subparagraph shall be sent by forwardable 
                mail, and shall include the following:
                            ``(i) A statement that the State intends to 
                        remove the registrant from the official list of 
                        eligible voters for elections for Federal 
                        office.
                            ``(ii) A description of the reasons for 
                        removal, including sufficient identifying 
                        information on the criminal conviction alleged 
                        to be the basis for removal to enable the 
                        registrant to determine whether the registrant 
                        was convicted of the offense cited in the 
                        notice.
                            ``(iii) A statement that the registrant may 
                        appeal the removal in accordance with the 
                        procedures established under paragraph (3).
                            ``(iv) A postage pre-paid and pre-addressed 
                        envelope and a clear list of contact 
                        information for the appropriate state election 
                        official that includes a mailing address, 
                        telephone number, and fax number.
            ``(3) Availability of appeal.--
                    ``(A) In general.--A State shall establish 
                administrative procedures meeting the requirements of 
                this paragraph under which a registrant who receives a 
                notice of removal under paragraph (2) may file a 
                written appeal to an appropriate State election 
                official to withdraw the notice and retain the 
                registrant on the official list of eligible voters.
                    ``(B) Deadline.--A State may establish a deadline 
                for the filing of an appeal under this paragraph, 
                except that the deadline may not occur earlier than the 
                expiration of the 30-day period which begins on the 
                date a registrant receives the notice of removal under 
                paragraph (2).
                    ``(C) Contents.--A registrant filing an appeal may 
                include in the appeal such information and evidence as 
                the registrant considers appropriate to show that the 
                registrant is not subject to removal from the list 
                under State law, including information and evidence 
                showing that the registrant was not convicted of the 
                criminal offense cited in the notice.
                    ``(D) Response by state.--Not later than 10 days 
                after a registrant files an appeal, the State shall 
                review the information and evidence included and accept 
                or reject the appeal, and shall notify the registrant 
                in writing of its decision.
                    ``(E) No removal permitted while appeal is 
                pending.--If a registrant files an appeal under 
                subparagraph (A), the State may not remove a registrant 
                from the official list of eligible voters until a final 
                decision is reached on the appeal.''.
    (b) Conforming Amendment.--Section 8(a)(3)(B) of such Act (42 
U.S.C. 1973gg-6(a)(3)(B)) is amended by striking ``State law,'' and 
inserting ``State law and consistent with the requirements of 
subsection (j),''.
    (c) Effective Date.--The amendments made by this Act shall apply 
with respect to the regularly scheduled general election for Federal 
office held in November 2004 and any succeeding Federal election.
                                 <all>