[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3094 Introduced in House (IH)]






109th CONGRESS
  1st Session
                                H. R. 3094

To amend the Help America Vote Act of 2002 to improve the fairness and 
    accuracy of voter registration in elections for Federal office, 
 establish a uniform standard for the treatment of provisional ballots 
      cast at an incorrect polling place, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 28, 2005

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

_______________________________________________________________________

                                 A BILL


 
To amend the Help America Vote Act of 2002 to improve the fairness and 
    accuracy of voter registration in elections for Federal office, 
 establish a uniform standard for the treatment of provisional ballots 
      cast at an incorrect polling place, 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 ``Secure America's Vote Act of 2005''.

SEC. 2. IMPROVING FAIRNESS AND ACCURACY OF VOTER REGISTRATION.

    (a) Emphasizing Citizenship Requirement on Voter Registration 
Forms.--Paragraph (4) of section 303(b) of the Help America Vote Act of 
2002 (42 U.S.C. 15483(b)(4)) is amended to read as follows:
            ``(4) Emphasizing citizenship requirement on voter 
        registration forms.--The Commission shall revise the mail voter 
        registration form developed under section 9(a)(2) of the 
        National Voter Registration Act of 1993 (42 U.S.C. 1973gg-
        (a)(2)) so that the form provides a more prominent emphasis of 
        the requirement that an individual must be a citizen of the 
        United States to register to vote in elections for Federal 
        office.''.
    (b) Prohibiting Rejection of Application for Errors Correctable by 
State.--Section 303(a)(5)(A)(iii) of such Act (42 U.S.C. 
15483(a)(5)(A)(iii)) is amended to read as follows:
                            ``(iii) Prohibiting rejection of 
                        application for errors correctable by state.--A 
                        State shall not reject an application for voter 
                        registration for Federal office solely on the 
                        grounds that the individual failed to provide 
                        the information required under clause (i) or 
                        made an error in providing such information, if 
                        with reasonable effort the State would be able 
                        to provide the correct information.''.
    (c) Preventing Incorrect Removal of Eligible Voters From Voter 
Registration List.--
            (1) Requiring databases to meet accuracy standards.--
                    (A) In general.--Section 303(a) of such Act (42 
                U.S.C. 15483(a)) is amended by adding at the end the 
                following new paragraph:
            ``(6) Requiring databases used to remove voters to meet 
        accuracy standards.--
                    ``(A) In general.--Notwithstanding any other 
                provision of this subsection or any provision of the 
                National Voter Registration Act of 1993, a State may 
                not remove an individual from the official list of 
                eligible voters for elections for Federal office in the 
                State by reason of felony status or by reason of the 
                death of the registrant unless the applicable database 
                meets accuracy standards established by the Director of 
                the National Institute of Standards and Technology in 
                consultation with the Commission.
                    ``(B) Applicable database defined.--In this 
                paragraph, the term `applicable database' means--
                            ``(i) in the case of an individual 
                        removable from the official list of eligible 
                        voters by reason of felony status, the database 
                        used by the State to determine the individual's 
                        felony status; or
                            ``(ii) in the case of an individual 
                        removable from the official list of eligible 
                        voters by reason of death, the database used by 
                        the State to determine which individuals have 
                        died.''.
                    (B) Conforming amendment.--Section 303(a)(2)(A) of 
                such Act (42 U.S.C. 15483(a)(2)(A)) is amended by 
                striking ``The appropriate'' and inserting ``Except as 
                provided in paragraph (6), the appropriate''.
                    (C) Deadline for establishment of standards.--The 
                Director of the National Institute of Standards and 
                Technology shall establish the accuracy standards 
                described in section 303(a)(6) of the Help America Vote 
                Act of 2002 (as added by subparagraph (A)) not later 
                than January 1, 2006.
            (2) Publication of list of individuals removed from 
        computerized list.--Section 303(a) of such Act (42 U.S.C. 
        15483(a)), as amended by paragraph (1), is further amended by 
        adding at the end the following new paragraph:
            ``(7) Public notice of individuals removed from 
        computerized list.--Not later than 45 days before the date of 
        any Federal election held in the State, each State shall notify 
        the public, by posting on the Internet on the public web site 
        of the chief State election official and through such other 
        methods as the State considers appropriate, of--
                    ``(A) all names which have been removed from the 
                computerized list established and maintained under this 
                section since the later of the most recent election for 
                Federal office held in the State or the day of the most 
                recent previous public notice provided under this 
                section;
                    ``(B) the criteria, processes, and procedures used 
                to determine which names were removed; and
                    ``(C) information on the steps an individual may 
                take to appeal the removal of the individual's name 
                from the list and reinstate the individual to the list 
                prior to the election.''.
            (3) Conforming amendment relating to applicability of 
        definition of chief state election official.--Section 253(e) of 
        such Act (42 U.S.C. 15403(e)) is amended by striking ``this 
        subtitle'' and inserting ``this Act''.
            (4) Effective date.--Section 303(d)(1) of such Act (42 
        U.S.C. 15483(d)(1)) is amended--
                    (A) in subparagraph (A), by striking ``subparagraph 
                (B)'' and inserting ``subparagraphs (B) and (C)''; and
                    (B) by adding at the end the following new 
                subparagraph:
                    ``(C) Exception for certain requirements.--Each 
                State shall be required to comply with the requirements 
                of paragraph (6) of subsection (a) (relating to 
                accuracy standards for databases used for voter 
                removal) and paragraph (7) of subsection (a) (relating 
                to public notice of individuals removed from the 
                computerized list) not later than January 1, 2006.''.

SEC. 3. UNIFORM STANDARD FOR TREATMENT OF PROVISIONAL BALLOTS CAST AT 
              INCORRECT POLLING PLACES.

    Section 302(a)(4) of the Help America Vote Act of 2002 (42 U.S.C. 
15482(a)(4)) is amended to read as follows:
            ``(4)(A) An individual's provisional ballot shall be 
        counted as a vote in an election for Federal office if the 
        appropriate State or local election official to whom the ballot 
        or voter information is transmitted under paragraph (3) 
        determines that the individual is eligible under State law to 
        vote in that election--
                    ``(i) at the polling place at which the individual 
                cast the provisional ballot; or
                    ``(ii) at any other polling place at which votes 
                are cast, in the same election for the same Federal 
                office, which is located--
                            ``(I) in the case of elections held prior 
                        to 2008, in the registrar's jurisdiction (or, 
                        at the option of the State, in the State), or
                            ``(II) in the case of elections held during 
                        2008 or any subsequent year, in the State.
            ``(B) The appropriate State or local election official 
        shall ensure that, at each polling place for an election for 
        Federal office, a list is available which shows--
                    ``(i) all individuals registered to vote in that 
                election at all polling places located in the 
                registrar's jurisdiction; and
                    ``(ii) for each such individual, the polling place 
                at which the individual is registered.
            ``(C) In this paragraph, the term `registrar's 
        jurisdiction' has the meaning given such term in section 8(j) 
        of the National Voter Registration Act of 1993 (42 U.S.C. 
        1973gg-6(j)).''.

SEC. 4. ADDITIONAL SECURITY REQUIREMENTS FOR VOTING SYSTEMS.

    Section 301(a) of the Help America Vote Act of 2002 (42 U.S.C. 
15481(a)) is amended by adding at the end the following new paragraphs:
            ``(7) Security standards for voting systems used in federal 
        elections.--
                    ``(A) In general.--No voting system may be used in 
                an election for Federal office in a State unless the 
                manufacturer of the system, the manufacturer of the 
                software used in connection with the system for the 
                election (hereafter in this paragraph referred to as 
                the `election software'), and the chief State election 
                official of the State meet the applicable requirements 
                described in subparagraph (B).
                    ``(B) Requirements described.--The requirements 
                described in this subparagraph with respect to a voting 
                system used in a State are as follows:
                            ``(i) The chief State election official 
                        shall ensure that all custodians of the 
                        election software digitally sign the software 
                        (in accordance with standards established by 
                        the National Institute of Standards and 
                        Technology), shall provide the Commission with 
                        information on the steps taken to ensure that 
                        these custodians meet this requirement, and 
                        shall make the information provided to the 
                        Commission available to the public by posting 
                        the information on the Internet on the public 
                        web site of the chief State election official.
                            ``(ii) The manufacturer of the system and 
                        the manufacturer of the election software shall 
                        each provide the Commission and the chief State 
                        election official with updated information 
                        regarding the identification of each individual 
                        who participated in the writing of the 
                        software, including specific information 
                        regarding whether the individual has ever been 
                        convicted of a felony or of any crime involving 
                        election fraud.
                            ``(iii) The manufacturer of the system and 
                        the manufacturer of the election software (as 
                        the case may be) shall provide the source code, 
                        object code, and executable representation of 
                        the software to the Commission and the chief 
                        State election official, and shall notify the 
                        chief State election official immediately if 
                        the manufacturer alters such codes.
                            ``(iv) The manufacturer of the system and 
                        the manufacturer of the election software shall 
                        meet standards established by the Commission to 
                        prevent the existence or appearance of any 
                        conflict of interest with respect to candidates 
                        for public office and political parties, 
                        including standards to ensure that each such 
                        manufacturer and its officers and directors do 
                        not hold positions of authority in any 
                        political party or in any partisan political 
                        campaign.
                    ``(C) Public availability of certain information.--
                Upon request by any member of the public, the 
                Commission or each chief State election official shall 
                make available on a timely basis any information 
                provided to or maintained by the Commission or the 
                official under subparagraph (B)(iii).
            ``(8) Prohibition of use of wireless communications devices 
        in voting systems.--No voting system shall contain, use, or be 
        accessible by any wireless, power-line, or concealed 
        communication device.
            ``(9) Prohibiting connection of system or transmission of 
        system information over the internet.--No component of any 
        voting system upon which votes are cast shall be connected to 
        the Internet.''.

SEC. 5. PUBLICATION OF STATE ELECTION LAWS.

    (a) Requiring States to Make Election Laws Available to Public.--
Section 302(b) of the Help America Vote Act of 2002 (42 U.S.C. 15482) 
is amended--
            (1) by redesignating paragraph (2) as paragraph (3); and
            (2) by inserting after paragraph (1) the following new 
        paragraph:
            ``(2) Publication of state election laws.--
                    ``(A) Regular republication during election 
                years.--The chief State election official of each State 
                shall publish all State laws, regulations, procedures, 
                and practices relating to Federal elections on January 
                1 of each year in which there is a regularly scheduled 
                election for a Federal office (beginning with 2006).
                    ``(B) Maintenance on the internet.--Each State 
                shall be required to post on the Internet on the public 
                web site of the chief State election official all of 
                the material referred to in paragraph (1), and to 
                update the contents of such site to reflect revisions 
                to such material not later than 24 hours after a 
                revision is made.''.
    (b) Conforming Amendments.--Section 302 of such Act (42 U.S.C. 
15482) is amended--
            (1) in subsection (b)(3) (as redesignated by subsection 
        (a)(1)), by striking ``this section'' and inserting ``paragraph 
        (1)''; and
            (2) in subsection (d), by striking ``Each State'' and 
        inserting ``Except as provided in subsection (b)(2), each 
        State''.

SEC. 6. CRIMINAL PENALTIES FOR VOTER SUPPRESSION.

    Section 905 of the Help America Vote Act of 2002 (42 U.S.C. 15544) 
is amended by adding at the end the following new subsection:
    ``(c) Voter Suppression.--
            ``(1) In general.--It is unlawful for any person--
                    ``(A) to assert to any State election official that 
                an individual is not eligible to vote in an election 
                for Federal office, unless the assertion is made in 
                good faith on the basis of facts known to the person 
                making the assertion; or
                    ``(B) to knowingly provide any person with false 
                information regarding an individual's eligibility to 
                vote in an election for Federal office or regarding the 
                time, place, or manner of voting in such an election.
            ``(2) Penalty.--A person who violates paragraph (1) shall 
        be fined in accordance with title 18, United States Code, or 
        imprisoned for not more than 1 year, or both, for each such 
        violation.''.

SEC. 7. ESTABLISHMENT OF BEST PRACTICES FOR TREATMENT OF BALLOTS OF 
              ABSENT UNIFORMED SERVICES VOTERS AND OVERSEAS VOTERS.

    (a) In General.--Not later than January 1, 2006, the Election 
Assistance Commission, working in cooperation with the Secretary of 
Defense, the Secretary of State, and the Attorney General, shall 
establish best practice guidelines for the treatment of absentee 
ballots of absent uniformed services voters and overseas voters to 
ensure the timely delivery of ballots to such voters and the timely 
return of ballots from such voters.
    (b) Definitions.--In this section, the terms ``absent uniformed 
services voter'' and ``overseas voter'' have the meaning given such 
terms in section 107 of the Uniformed and Overseas Citizens Absentee 
Voting Act (42 U.S.C. 1973ff-6).

SEC. 8. SIMULTANEOUS TRANSMISSION OF BUDGET REQUESTS OF ELECTION 
              ASSISTANCE COMMISSION TO PRESIDENT AND CONGRESS.

    (a) In General.--Part 1 of subtitle A of title II of the Help 
America Vote Act of 2002 (42 U.S.C. 15321 et seq.) is amended by 
inserting after section 209 the following new section:

``SEC. 209A. SUBMISSION OF BUDGET REQUESTS.

    ``Whenever the Commission submits any budget estimate or request to 
the President or the Director of the Office of Management and Budget, 
it shall concurrently transmit a copy of such estimate or request to 
the Congress.''.
    (b) Clerical Amendment.--The table of contents for part 1 of 
subtitle A of title II of such Act is amended by inserting after the 
item relating to section 209 the following new item:

``Sec. 209A. Submission of budget requests.''.

SEC. 9. EFFECTIVE DATE.

    Except as otherwise provided, the amendments made by this Act shall 
apply with respect to elections for Federal office held in 2006 and 
each year thereafter.
                                 <all>