[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4989 Introduced in House (IH)]







109th CONGRESS
  2d Session
                                H. R. 4989

To amend the Help America Vote Act of 2002 to clarify the treatment of 
  provisional ballots cast in elections for Federal office, to ensure 
    that polling places are adequately staffed and have sufficient 
 equipment, to direct States to issue durable voter registration cards 
   to each individual who registers to vote in elections for Federal 
              office in the State, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 16, 2006

   Mr. Holt 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 clarify the treatment of 
  provisional ballots cast in elections for Federal office, to ensure 
    that polling places are adequately staffed and have sufficient 
 equipment, to direct States to issue durable voter registration cards 
   to each individual who registers to vote in elections for Federal 
              office in the State, 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Electoral Fairness 
Act of 2006''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents
           TITLE I--CLARIFICATION OF PROVISIONAL BALLOT RULES

Sec. 101. Uniform standard for treatment of provisional ballots cast at 
                            incorrect polling places; no requirement to 
                            present additional identification
Sec. 102. Minimum contents of provisional ballots
Sec. 103. Treatment of voters who vote after closing of polling places
Sec. 104. Treatment of ballots after casting
Sec. 105. Effective date
   TITLE II--ENSURING ADEQUATE STAFF AND EQUIPMENT AT POLLING PLACES

Sec. 201. Requirements for adequate staff and equipment at polling 
                            places
Sec. 202. Clarification of application of election administration 
                            requirements to early voting sites
Sec. 203. Availability of additional funds to enable States to meet 
                            requirements
Sec. 204. Study of alternative methods for staffing of polling places
         TITLE III--PROMOTING EFFECTIVE REGISTRATION OF VOTERS

Sec. 301. Issuance of durable voter registration cards
Sec. 302. Notice and review requirements for removal of individuals 
                            from official list of eligible voters by 
                            reason other than change of residence
Sec. 303. Contents and treatment of voter registration forms
Sec. 304. Availability of updated information for registered voters
Sec. 305. Nonapplicability to certain States
Sec. 306. Effective date

           TITLE I--CLARIFICATION OF PROVISIONAL BALLOT RULES

SEC. 101. UNIFORM STANDARD FOR TREATMENT OF PROVISIONAL BALLOTS CAST AT 
              INCORRECT POLLING PLACES; NO REQUIREMENT TO PRESENT 
              ADDITIONAL IDENTIFICATION.

    (a) Uniform Standard.--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) The provisional ballot of an individual who is a 
        registered voter in a jurisdiction in a State and who is 
        eligible to vote in an election for Federal office in the State 
        shall be counted as a vote in such an election if the 
        appropriate State or local election official to whom the ballot 
        or voter information is transmitted under paragraph (3)--
                    ``(i) in the case of an election for electors for 
                President or for the office of a Senator, determines 
                that the individual is registered to vote in the State 
                in which the provisional ballot is cast; and
                    ``(ii) in the case of an election for the office of 
                a Member of the House of Representatives (including a 
                Delegate or Resident Commissioner to the Congress), 
                determines that the individual is registered to vote in 
                the Congressional district in which the provisional 
                ballot is cast.
            ``(B) Notwithstanding any other provision of law, no 
        individual casting a provisional ballot shall be required to 
        submit identification on or after the date of the election as a 
        condition for the ballot to be counted as a vote in the 
        election, so long as the individual complied with any 
        applicable identification requirements under this Act at the 
        time of casting the provisional ballot (to the extent the 
        individual was required to comply with any such 
        requirements).''.
    (b) Safeguards to Prevent Casting of Duplicate Ballots.--
            (1) Implementation of safeguards.--Section 302(a) of such 
        Act (42 U.S.C. 15482(a)) is amended by inserting after 
        paragraph (5) the following new paragraph:
            ``(6) Each State shall implement safeguards to ensure that 
        a provisional ballot cast in an election is not counted as more 
        than one vote in the election and that an individual who casts 
        a provisional ballot which is counted as a vote in an election 
        does not cast any other ballot which is counted as a vote in 
        the election.''.
            (2) Adoption of voluntary guidance.--Section 311 of such 
        Act (42 U.S.C. 15501) is amended by adding at the end the 
        following new subsection:
    ``(d) Voluntary Guidance Regarding Safeguards to Prevent Casting of 
Duplicate Ballots.--Not later than October 1, 2006, the Commission 
shall adopt voluntary guidance with respect to the safeguards to 
prevent the casting duplicate ballots by voters casting provisional 
ballots which are required to be implemented under section 
302(a)(6).''.
    (c) Declaration of Place of Registration.--Section 302(a) of such 
Act (42 U.S.C. 15482(a)) is amended--
            (1) in the matter preceding paragraph (1), by striking 
        ``jurisdiction'' and inserting ``State''; and
            (2) in paragraph (2)(A), by striking ``jurisdiction'' and 
        inserting ``State''.

SEC. 102. MINIMUM CONTENTS OF PROVISIONAL BALLOTS.

    Section 302(a)(1) of the Help America Vote Act of 2002 (42 U.S.C. 
15482(a)(1)) is amended by adding at the end the following new 
sentence: ``The provisional ballot shall include (at a minimum) all 
information required for the individual to cast a vote in each election 
for Federal office held at the polling place.''.

SEC. 103. TREATMENT OF VOTERS WHO VOTE AFTER CLOSING OF POLLING PLACES.

    Section 302(c) of the Help America Vote Act of 2002 (42 U.S.C. 
15482(c)) is amended to read as follows:
    ``(c) Equal Treatment of Voters Who Vote After the Polls Close.--
Any individual who votes in an election for Federal office as a result 
of a Federal or State court order or any other order extending the time 
established for closing the polls by a State law in effect 10 days 
before the date of that election shall cast the individual's ballot for 
the election in the same manner, and under the same terms and 
conditions, as any individual who votes in the election during the 
regular hours for the operation of polling places in the State, 
including the terms and conditions applicable to individuals permitted 
to cast provisional ballots under this section.''.

SEC. 104. TREATMENT OF BALLOTS AFTER CASTING.

    (a) Responsibility of Election Official to Notify Individual of 
Determination of Eligibility of Ballot.--
            (1) In general.--Section 302(a)(5) of the Help America Vote 
        Act of 2002 (42 U.S.C. 15482(a)(5)) is amended to read as 
        follows:
            ``(5)(A) Not later than 24 hours after determining whether 
        or not the vote of an individual who casts a provisional ballot 
        in an election will be counted in that election under this Act, 
        the appropriate State or local election official shall notify 
        the individual of the determination and (if the determination 
        is made that the vote will not be counted) the reasons for the 
        determination and the individual's right to challenge the 
        determination under the procedures established under 
        subparagraph (B).
            ``(B) Each State shall establish procedures, including a 
        free access system (such as a toll-free telephone number or an 
        Internet website), under which an individual who casts a 
        provisional ballot in an election and who is notified by the 
        appropriate State or local election official that the 
        provisional ballot cast by the individual will not be counted 
        as a vote in the election may challenge the determination prior 
        to the final tabulation of ballots in the election.
            ``(C) In carrying out subparagraph (B), each State shall 
        ensure that, in each jurisdiction of the State, an appropriate 
        State or local election official operates open office hours for 
        at least 8 hours on the day after the date of the election, 
        during which a voter who cast a provisional ballot in the 
        election may contact the official and challenge the 
        determination under the procedures established under 
        subparagraph (B).''.
            (2) Conforming amendment.--Section 302(a) of such Act (42 
        U.S.C. 15482(a)), as amended by section 101(b), is amended in 
        the matter following paragraph (6) by striking ``The 
        appropriate State or local official'' and all that follows 
        through ``paragraph (5)(B).''.
    (b) Prohibiting Initiation of Recount or Certification of Results 
Prior to Review of Provisional Ballots Cast; Standards for 
Determination of Acceptance of Provisional Ballots.--Section 302(a) of 
such Act (42 U.S.C. 15482(a)), as amended by section 101(b), is amended 
by inserting after paragraph (6) the following new paragraphs:
            ``(7) The chief State election official may not make any 
        determination regarding the applicability of any requirement 
        under State law to conduct a recount of the results of any 
        election for Federal office in the State, or certify the 
        results of any election for Federal office in the State, until 
        all of the votes cast by provisional ballot cast in the 
        election which are to be counted pursuant to this Act have been 
        counted.
            ``(8) In making a determination as to whether a vote cast 
        by an individual by provisional ballot will be counted in an 
        election, the chief State election official shall review not 
        only the official Statewide list of registered voters but any 
        other information which was submitted by the individual in the 
        process of applying to register to vote.''.
    (c) Treatment of Rejected Provisional Ballot as Application for 
Voter Registration.--Section 302(a) of such Act (42 U.S.C. 15482(a)), 
as amended by section 101(b) and subsection (b), is amended by 
inserting after paragraph (8) the following new paragraph:
            ``(9) If a provisional ballot cast by an individual in an 
        election for Federal office is rejected on the ground that the 
        individual is not registered to vote in the election, the 
        ballot shall be treated (for purposes of this Act, the National 
        Voter Registration Act of 1993, and applicable State law) as an 
        application by the individual for voter registration in the 
        appropriate registrar's jurisdiction with respect to the next 
        election for Federal office held in the jurisdiction, under the 
        same terms and conditions applicable to applications for voter 
        registration under this Act, including section 303(b)(4) 
        (relating to the treatment of incomplete forms).''.

SEC. 105. EFFECTIVE DATE.

    Section 302(d) of such Act (42 U.S.C. 15482(d)) is amended to read 
as follows:
    ``(d) Effective Date.--
            ``(1) In general.--Except as provided in paragraph (2), 
        each State and jurisdiction shall be required to comply with 
        the requirements of this section on and after January 1, 2004.
            ``(2) Delayed effective date for certain provisions.--To 
        the extent that any provision of this section was amended by 
        the Electoral Fairness Act of 2006, such provision shall apply 
        with respect to the regularly scheduled general election for 
        Federal office held in November 2006 and each succeeding 
        election for Federal office.''.

   TITLE II--ENSURING ADEQUATE STAFF AND EQUIPMENT AT POLLING PLACES

SEC. 201. REQUIREMENTS FOR ADEQUATE STAFF AND EQUIPMENT AT POLLING 
              PLACES.

    (a) Requirements.--
            (1) In general.--Subtitle A of title III of the Help 
        America Vote Act of 2002 (42 U.S.C. 15481 et seq.) is amended 
        by inserting after section 303 the following new section:

``SEC. 303A. REQUIREMENTS FOR ADEQUATE STAFF AND EQUIPMENT AT POLLING 
              PLACES.

    ``(a) Standards for Ensuring Adequate Staffing and Equipment.--
            ``(1) In general.--Each State shall establish the number 
        and location of polling places used for each election for 
        Federal office held in the State on the date of the election, 
        and the number of check-in stations, poll workers, ballot 
        marking stations, and voting systems assigned to each such 
        polling place on the date of the election, so that to the 
        greatest extent practicable--
                    ``(A) the polling places established within a 
                jurisdiction are equally convenient for and proximate 
                to the registered voters in the jurisdiction and 
                provide poll workers, voters, and individuals waiting 
                to vote with shelter from the elements and protection 
                from excessive heat and cold;
                    ``(B) the maximum waiting time at the polling place 
                is equal for all voters in the State;
                    ``(C) the time spent by any voter at the polling 
                place from the time of arrival at the check-in station 
                until the time of departure after voting does not 
                exceed 1 hour; and
                    ``(D) the maximum number of registered voters 
                assigned to any single polling place on the date of the 
                election (as determined one week prior to the date of 
                the election) does not exceed--
                            ``(i) in the case of a jurisdiction using 
                        as its primary voting system a system under 
                        which ballots are marked by the voter and are 
                        read by a voting device (such as an optical 
                        scan or other ballot reading system), 3,000 
                        (except that a greater number shall be 
                        permitted at any polling place at which no 
                        voter in fact spent more than 1 hour from the 
                        time of arrival at the check-in station until 
                        the time of departure after voting); or
                            ``(ii) in the case of a jurisdiction using 
                        as its primary voting system a system under 
                        which voters use a voting device which directly 
                        records the votes (such as a direct recording 
                        electronic or touch screen system), 1,000.
            ``(2) Minimum number of voting systems per polling place.--
        In meeting the requirements of paragraph (1), a State shall 
        ensure that the minimum number of ballot marking stations 
        (where applicable) and, with respect to any jurisdiction in the 
        State which uses electronic voting devices of any type, voting 
        systems used at each polling place within the jurisdiction on 
        the date of the election is not less than the designated 
        minimum applicable under paragraph (3).
            ``(3) Designated minimum number of voting systems.--For 
        purposes of paragraph (2), the designated minimum number of 
        voting systems used at a polling place within a jurisdiction 
        is--
                    ``(A) in the case of a jurisdiction using as its 
                primary voting system a system under which ballots are 
                marked by the voter and are read by a voting device 
                (such as an optical scan or other ballot reading 
                system)--
                            ``(i) one ballot reading system (together 
                        with an ample number of ballots and ballot 
                        marking supplies and a sufficient number of 
                        secure ballot boxes), with at least one readily 
                        available spare ballot reading system for the 
                        county in the jurisdiction which uses such a 
                        system, and
                            ``(ii) one ballot marking station for every 
                        200 registered voters assigned to the polling 
                        place (as determined one week prior to the date 
                        of the election); and
                    ``(B) in the case of a jurisdiction using as its 
                primary voting system a system under which voters use a 
                voting device which directly records the votes (such as 
                a direct recording electronic or touch screen system)--
                            ``(i) one system for every 200 registered 
                        voters assigned to the polling place (as 
                        determined one week prior to the date of the 
                        election), with at least one readily available 
                        spare of such direct recording electronic or 
                        touch screen system available for every 5 
                        polling places within the jurisdiction; and
                            ``(ii) for purposes of ensuring that the 
                        State meets the requirement of paragraph (1)(C) 
                        regarding the maximum waiting time at the 
                        polling place, one amply-supplied paper ballot 
                        system (under which ballots may be marked 
                        manually and through the use of ballot marking 
                        devices which are accessible to individuals 
                        with disabilities) for use during any period 
                        during which neither the primary system 
                        installed at the polling place or any spare 
                        system referred to in clause (i) is available.
            ``(4) Minimum hours of operation.--
                    ``(A) In general.--In meeting the requirements of 
                paragraph (1), a State shall ensure that each polling 
                place is in operation for not fewer than 12 hours.
                    ``(B) Exception for polling places serving small 
                numbers of voters.--At the discretion of the 
                appropriate State or local election official, a polling 
                place may be in operation for fewer than 12 hours if--
                            ``(i) in the case of a polling place at 
                        which the voting system used is a system under 
                        which ballots are marked by the voter and are 
                        read by a voting device (such as an optical 
                        scan or other ballot reading system), the 
                        polling place serves fewer than 1,000 voters; 
                        or
                            ``(ii) in the case of a polling place at 
                        which the voting system used is a system under 
                        which voters use a voting device which directly 
                        records the votes (such as a direct recording 
                        electronic or touch screen system), the polling 
                        place serves fewer than 200 voters.
            ``(5) Factors to be considered.--In meeting the 
        requirements of paragraph (1), a State shall take into 
        consideration all relevant factors affecting the time spent by 
        individuals at polling places on the date of the election, 
        including the demographics of the area served by the polling 
        place, the number of individuals with disabilities using the 
        polling place, the number of individuals needing language 
        assistance at the polling place, and increases in the demands 
        placed on equipment and election personnel during peak voting 
        hours.
            ``(6) Reporting requirement.--Not later than 7 days after 
        the date of each election for Federal office, the appropriate 
        State or local election official shall publish at the 
        appropriate office of election administration and post on the 
        public Internet site of the official a detailed report setting 
        forth the manner in which each polling place under the 
        official's jurisdiction complied with the requirements of this 
        subsection.
            ``(7) No effect on requirements for accessibility for 
        individuals with disabilities.--Nothing in this subsection may 
        be construed to repeal, limit, or otherwise affect the 
        requirement under section 301(a)(3) that at least one direct 
        recording electronic voting system or other voting system 
        equipped for individuals with disabilities be available at each 
        polling place.
            ``(8) No effect on ability of states to use paper ballot 
        systems or systems used prior to 2000.--Nothing in this 
        subsection may be construed to repeal, limit, or otherwise 
        affect any provision of this Act which permits a State or 
        jurisdiction which used a particular type of voting system in 
        the elections for Federal office held in November 2000 to 
        continue to use such a system, or which permits a State to use 
        any kind of paper ballot voting system.
    ``(b) Standards for Training and Compensation of Election 
Officials.--Each State shall establish and operate a program to recruit 
individuals to serve as election officials at polling places used in 
elections for Federal office held in the State, and shall--
            ``(1) ensure that such individuals receive comprehensive 
        training in the administration of elections and the applicable 
        Federal and State election laws; and
            ``(2) compensate such individuals for their service at a 
        rate designed to recruit highly qualified and dedicated 
        individuals and to compensate them appropriately for their 
        civic participation.
    ``(c) Effective Date.--Each State and jurisdiction shall meet the 
requirements of this section with respect to the regularly scheduled 
general election for Federal office held in November 2006 and each 
succeeding election for Federal office.''.
            (2) Adoption of voluntary guidance.--Section 311 of such 
        Act (42 U.S.C. 15501), as amended by section 101(b)(2), is 
        amended by adding at the end the following new subsection:
    ``(e) Voluntary Guidance Regarding Adequate Staff and Equipment at 
Polling Places.--Not later than October 1, 2006, the Commission shall 
adopt voluntary guidance with respect to the requirement to ensure 
adequate and appropriately-trained staffing at polling places under 
section 303A.''.
    (b) Enforcement.--
            (1) Requirements for adequate staff and equipment at 
        polling places.--Section 401 of such Act (42 U.S.C. 15511) is 
        amended by striking ``sections 301, 302, and 303'' and 
        inserting ``subtitle A of title III''.
            (2) Clarification of availability of private right of 
        action.--Section 401 of such Act (42 U.S.C. 15511) is amended--
                    (A) by striking ``The Attorney General'' and 
                inserting ``(a) In General''; and
                    (B) by adding at the end the following new 
                subsections:
    ``(b) Filing of Complaints by Aggrieved Persons.--
            ``(1) In general.--A person who is aggrieved by a violation 
        of subtitle A of title III which is occurring or which is about 
        to occur may file a written, signed, notarized complaint with 
        the Attorney General describing the violation and requesting 
        the Attorney General to take appropriate action under this 
        section.
            ``(2) Response by attorney general.--The Attorney General 
        shall respond to each complaint filed under paragraph (1), in 
        accordance with procedures established by the Attorney General 
        that require responses and determinations to be made within the 
        same (or shorter) deadlines which apply to a State under the 
        State-based administrative complaint procedures described in 
        section 402(a)(2).
    ``(c) Clarification of Availability of Private Right of Action.--
Nothing in this section may be construed to prohibit any person from 
bringing an action under section 1979 of the Revised Statutes of the 
United States (42 U.S.C. 1983) to enforce the uniform and 
nondiscriminatory election technology and administration requirements 
under subtitle A of title III.
    ``(d) No Effect on State Procedures.--Nothing in this section may 
be construed to affect the availability of the State-based 
administrative complaint procedures required under section 402 to any 
person filing a complaint under this subsection.''.
    (c) Clerical Amendment.--The table of contents of such Act is 
amended by inserting after the item relating to section 303 the 
following new item:

``Sec. 303A. Requirements for adequate staff and equipment at polling 
                            places''.

SEC. 202. CLARIFICATION OF APPLICATION OF ELECTION ADMINISTRATION 
              REQUIREMENTS TO EARLY VOTING SITES.

    (a) In General.--Subtitle A of title III of the Help America Vote 
Act of 2002 (42 U.S.C. 15481 et seq.), as amended by section 201(a), is 
amended by inserting after section 303A the following new section:

``SEC. 303B. CLARIFICATION OF APPLICATION OF REQUIREMENTS TO EARLY 
              VOTING SITES.

    ``Except as may be specifically provided, the uniform and 
nondiscriminatory election technology and administration requirements 
of this subtitle which apply with respect to voting in person in 
elections for Federal office apply with respect to voting in person at 
each site established by a State or jurisdiction for the casting of 
ballots in such an election, without regard to whether the ballots are 
cast on the regularly scheduled date of the election or on an earlier 
date.''.
    (b) Clerical Amendment.--The table of contents of such Act, as 
amended by section 201(c), is amended by inserting after the item 
relating to section 303A the following new item:

``Sec. 303B. Clarification of application of requirements to early 
                            voting sites''.
    (c) Effective Date.--The amendments made by this section shall take 
effect as if included in the enactment of the Help America Vote Act of 
2002.

SEC. 203. AVAILABILITY OF ADDITIONAL FUNDS TO ENABLE STATES TO MEET 
              REQUIREMENTS.

    Section 257(a) of such Act (42 U.S.C. 15407(a)) is amended by 
adding at the end the following new paragraph:
            ``(4) For fiscal year 2006, $50,000,000, except that any 
        funds provided under the authorization made by this paragraph 
        may be used by a State only to meet the requirements of section 
        303A.''.

SEC. 204. STUDY OF ALTERNATIVE METHODS FOR STAFFING OF POLLING PLACES.

    (a) Study.--The Election Assistance Commission shall conduct a 
study of the feasibility and desirability of using alternative methods 
to obtain poll workers and other election officials to staff polling 
places on the dates of elections, including--
            (1) recruiting secondary school students, other government 
        employees, and employees of private businesses; and
            (2) recruiting individuals who are bilingual.
    (b) Report.--Not later than January 1, 2008, the Election 
Assistance Commission shall submit to the President and Congress a 
report on the study conducted under subsection (a), and shall include 
in the report such recommendations for legislative and administrative 
actions as the Commission considers appropriate.
    (c) Authorization of Appropriations.--There are authorized to be 
appropriated to the Election Assistance Commission $2,000,000 to carry 
out this section.

         TITLE III--PROMOTING EFFECTIVE REGISTRATION OF VOTERS

SEC. 301. ISSUANCE OF DURABLE VOTER REGISTRATION CARDS.

    (a) Requiring States to Issue Cards Upon Registration.--
            (1) In general.--Subtitle A of title III of the Help 
        America Vote Act of 2002 (42 U.S.C. 15481 et seq.), as amended 
        by sections 201(a) and 202(a), is amended by inserting after 
        section 303B the following new section:

``SEC. 303C. ISSUANCE OF DURABLE VOTER REGISTRATION CARDS.

    ``(a) Requiring States to Issue Cards Upon Registration.--
            ``(1) In general.--Immediately upon approving an 
        individual's completed voter registration application form (or, 
        in the case of an individual in a same-day registration State 
        who submits the form on the date of an election, not later than 
        one week after approving the form), the appropriate State 
        election official shall provide the individual with a durable 
        voter registration card at no charge to the individual which 
        shall serve as proof that the individual is duly registered to 
        vote in elections for Federal office held at the polling place 
        which serves the individual's address identified on the card.
            ``(2) Information included on card.--The voter registration 
        card provided to an individual under paragraph (1) shall 
        include the individual's name and address.
    ``(b) Payments to States.--
            ``(1) Grants to cover costs of issuing cards.--The 
        Commission shall make grants to each eligible State for 
        purposes of assisting the State in meeting the requirement to 
        issue voter registration cards under this section.
            ``(2) Eligibility.--A State is eligible to receive a grant 
        under this section if it submits to the Commission (at such 
        time as the Commission may require) an application containing 
        such information and assurances as the Commission may require.
            ``(3) Authorization of appropriations.--There are 
        authorized to be appropriated for fiscal year 2006 and each 
        succeeding fiscal year such sums as may be necessary for grants 
        under this section.
    ``(c) Same-Day Registration State Defined.--In this section, term 
`same-day registration State' means a State in which, under law that is 
in effect continuously on and after the date of the enactment of the 
Electoral Fairness Act of 2006, 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.''.
            (2) Issuance of cards to current registrants.--Not later 
        than the expiration of the 3-month period which begins on the 
        date of the enactment of this Act, the appropriate election 
        official of each State shall issue a durable voter registration 
        card under section 303C of the Help America Vote Act of 2002 
        (as added by paragraph (1)) to each individual who is 
        registered to vote in elections for Federal office in the State 
        as of the expiration of such period.
            (3) Clerical amendment.--The table of contents of such Act, 
        as amended by sections 201(c) and 202(b), is amended by 
        inserting after the item relating to section 303B the following 
        new item:

``Sec. 303C. Issuance of durable voter registration cards''.
    (b) Individuals Producing Cards at Polling Place Deemed Eligible to 
Cast Votes.--Section 303 of such Act (42 U.S.C. 15483) is amended--
            (1) by redesignating subsection (d) as subsection (e); and
            (2) by inserting after subsection (c) the following new 
        subsection:
    ``(d) Individuals Producing Voter Registration Cards at Polling 
Place Deemed Eligible.--
            ``(1) Eligibility to cast votes in elections.--An 
        individual whose name does not appear on the official list of 
        individuals eligible to vote in an election for Federal office 
        at a polling place shall be deemed eligible to vote in the 
        election and shall be permitted to vote in the usual manner 
        (rather than by provisional ballot) at the polling place if--
                    ``(A) the individual presents to the appropriate 
                election official at the polling place the durable 
                voter registration card issued to the individual under 
                section 303C;
                    ``(B) the address shown on the voter registration 
                card is an address within the jurisdiction served by 
                the polling place with respect to the election; and
                    ``(C) the individual presents to the official a 
                copy of a current utility bill, bank statement, 
                government check, paycheck, or other current government 
                document that shows the same name and address shown on 
                the voter registration card, or presents a signed 
                affidavit attesting that the individual's name and 
                address is the same as shown on such card.
            ``(2) Publication of information.--The chief State election 
        official shall ensure that information regarding the ability of 
        individuals to vote at polling places in accordance with this 
        subsection is included in the voting information publicly 
        posted at polling places under section 302(b) and is posted on 
        a public website maintained by the chief State election 
        official.
            ``(3) No additional identification required.--Nothing in 
        this subsection may be construed to require an individual as a 
        condition of voting at a polling place to present the durable 
        voter registration card issued under section 303C or any other 
        form of identification which is not otherwise required to be 
        presented under this Act.
            ``(4) No effect on right to cast provisional ballot.--
        Nothing in this subsection may be construed to affect the right 
        of any individual to cast a provisional ballot under section 
        302.''.
    (c) Use of Card to Meet Identification Requirement for First-Time 
Voters Who Register by Mail.--
            (1) Individuals voting in person.--Section 303(b)(2)(A)(i) 
        of such Act (42 U.S.C. 15483(b)(2)(A)(i)) is amended--
                    (A) by striking ``or'' at the end of subclause (I);
                    (B) by striking the period at the end of subclause 
                (II) and inserting ``; or''; and
                    (C) by adding at the end the following new 
                subclause:
                                    ``(III) presents to the appropriate 
                                State or local election official the 
                                durable voter registration card issued 
                                to the individual under section 
                                303C.''.
            (2) Individuals voting by mail.--Section 303(b)(2)(A)(ii) 
        of such Act (42 U.S.C. 15483(b)(2)(A)(ii)) is amended--
                    (A) by striking ``or'' at the end of subclause (I);
                    (B) by striking the period at the end of subclause 
                (II) and inserting ``; or''; and
                    (C) by adding at the end the following new 
                subclause:
                                    ``(III) a copy of the durable voter 
                                registration card issued to the 
                                individual under section 303C.''.

SEC. 302. NOTICE AND REVIEW REQUIREMENTS FOR REMOVAL OF INDIVIDUALS 
              FROM OFFICIAL LIST OF ELIGIBLE VOTERS BY REASON OTHER 
              THAN CHANGE OF RESIDENCE.

    (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) Notice and Review Requirements for Removal of Individuals 
From List of Eligible Voters by Reason Other Than Change of 
Residence.--
            ``(1) 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 other than death or a change of residence unless 
                the State provides the registrant with a notice of 
                removal meeting the requirements of subparagraph (B) 
                not later than 30 days before the date of the election.
                    ``(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 (in the case of an 
                        individual proposed to be removed by reason of 
                        criminal conviction) 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 
                        obtain a review of the removal from an 
                        appropriate State election official in 
                        accordance with paragraph (2).
                            ``(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.
            ``(2) Review of decision to remove.--
                    ``(A) In general.--A registrant who receives a 
                notice of removal under paragraph (1) may submit a 
                written request to a designated State election official 
                to withdraw the notice and retain the registrant on the 
                official list of eligible voters, and may include in 
                the request 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 or that the period 
                of ineligibility imposed as the result of a conviction 
                of a criminal offense has expired (in the case of an 
                individual proposed to be removed by reason of criminal 
                conviction).
                    ``(B) Response by state.--Not later than 10 days 
                after receiving a request from a registrant under 
                subparagraph (A), the State shall review the 
                information and evidence included and accept or reject 
                the request, and shall notify the registrant in writing 
                of its decision.
            ``(3) Special rules for removal by reason of death of 
        registrant.--In the case of an individual proposed to be 
        removed by reason of death--
                    ``(A) the notice of removal under paragraph (1) 
                shall be addressed to the occupant of the most recent 
                address of the registrant in the records of the 
                appropriate State election official;
                    ``(B) the notice shall include a statement that the 
                occupant should notify the appropriate State election 
                official immediately if the notice of the registrant's 
                death is in error;
                    ``(C) if the notice of removal was issued in error, 
                the registrant may submit a written request under 
                paragraph (2) to withdraw the notice and retain the 
                registrant on the official list of eligible voters; and
                    ``(D) if the registrant submits such a written 
                request, the State shall notify the registrant of the 
                decision made under paragraph (2)(B) with respect to 
                the request.
            ``(4) Opportunity to cast provisional ballot.--Any 
        registrant who receives a notice of removal under paragraph (1) 
        and believes that the removal decision was made in error shall 
        be permitted to cast a provisional ballot in an election for 
        Federal office in accordance with section 302(a) of the Help 
        America Vote Act of 2002, and the vote cast by such a ballot 
        shall be counted in the election (in accordance with the 
        standards and procedures of such section) if it is determined 
        that the removal decision was made in error.
            ``(5) No expansion of grounds for removal.--Nothing in this 
        subsection may be construed to require or authorize the 
        establishment of any grounds for the removal of a registrant 
        from the official list of eligible voters for an election for 
        Federal office which were not in effect prior to the enactment 
        of this subsection.''.
    (b) Adoption of Voluntary Guidance Regarding Audits of Computerized 
List.--Section 311 of such Act (42 U.S.C. 15501), as amended by 
sections 101(b)(2) and 201(a)(2), is amended by adding at the end the 
following new subsection:
    ``(f) Voluntary Guidance Regarding Audits of Computerized List.--
Not later than October 1, 2006, the Commission shall adopt voluntary 
guidance with respect to audits of the Statewide computerized voter 
registration list required to be maintained under section 303 so that 
each State will be able to ensure that the list reflects an accurate 
and complete count of all individuals who are validly registered to 
vote in elections for Federal office in the State and is secure against 
unauthorized uses.''.
    (c) Conforming Amendments.--
            (1) National voter registration act of 1993.--Section 8 of 
        the National Voter Registration Act of 1993 (42 U.S.C. 1973gg--
        6) is amended--
                    (A) in subsection (a)(3)(B), by striking ``State 
                law,'' and inserting ``State law and consistent with 
                the requirements of subsection (j),'';
                    (B) in subsection (a)(4)(A), by striking the 
                semicolon at the end and inserting and ``, consistent 
                with the requirements of subsection (j);'';
                    (C) in the heading for subsection (d), by inserting 
                after ``Rolls'' the following: ``by Reason of Change of 
                Residence''; and
                    (D) in subsection (i)(2), by inserting after 
                ``subsection (d)(2)'' the following: ``and all persons 
                to whom notices described in subsection (j)''.
            (2) Help america vote act of 2002.--Section 303(a) of the 
        Help America Vote Act of 2002 (42 U.S.C. 15483(a)) is amended--
                    (A) in paragraph (2)(A)(i), by striking ``and (e)'' 
                and inserting ``(e), and (j)''; and
                    (B) in paragraph (4)(B), by striking ``Safeguards'' 
                and inserting ``In addition to meeting the applicable 
                notice and review requirements of section 8 of the 
                National Voter Registration Act of 1993, safeguards''.
    (d) Rule of Construction.--Nothing in this section or any amendment 
made by this section may be construed--
            (1) to affect the right of any individual to cast a 
        provisional ballot under section 302(a) of the Help America 
        Vote Act of 2002; or
            (2) to prohibit any State from providing individuals 
        threatened with removal from the official list of eligible 
        voters in the State with greater protections than those 
        required under section 8(j) of the National Voter Registration 
        Act of 1993 (as added by subsection (a)).
    (e) Effective Date.--The amendments made by this section shall 
apply with respect to the regularly scheduled general election for 
Federal office in November 2006 and each succeeding election for 
Federal office.

SEC. 303. CONTENTS AND TREATMENT OF VOTER REGISTRATION FORMS.

    (a) Opportunity to Correct Incomplete Forms.--Section 303(b)(4)(B) 
of the Help America Vote Act of 2002 (42 U.S.C. 15483(b)(4)(B)) is 
amended by striking ``to answer the question included on the mail voter 
registration form pursuant to subparagraph (A)(i)'' and inserting ``to 
provide any information required on any voter registration form used by 
the State under section 6 of the National Voter Registration Act of 
1993''.
    (b) Completed National Form Deemed Complete for All States.--
Section 303(b) of such Act (42 U.S.C. 15483(b)) is amended--
            (1) by redesignating paragraph (5) as paragraph (6); and
            (2) by inserting after paragraph (4) the following new 
        paragraph:
            ``(5) Completed national form deemed complete for all 
        states.--
                    ``(A) Treatment of completed form.--If an applicant 
                for voter registration in a State submits a voter 
                registration application form which contains all of the 
                information required to be provided under the mail 
                voter registration form developed by the Commission 
                under section 9(a)(2) of the National Voter 
                Registration Act of 1993 (whether the form submitted by 
                the applicant is the form developed by the Commission 
                or another form developed and used by the State under 
                section 6(a) of the National Voter Registration Act of 
                1993), the State may not refuse to register the 
                applicant as a voter on the ground that the applicant 
                failed to complete the form.
                    ``(B) Presumption in favor of registration.--In 
                determining whether applicants meet the requirements 
                for registering to vote in elections for Federal office 
                in a State, State election officials shall act under 
                the presumption that applicants should be 
                registered.''.

SEC. 304. AVAILABILITY OF UPDATED INFORMATION FOR REGISTERED VOTERS.

    (a) Requiring States to Make Updated Information Available to 
Registered Voters.--Section 303(a)(1) of the Help America Vote Act of 
2002 (42 U.S.C. 15483(a)(1)) is amended--
            (1) by redesignating subparagraph (B) as subparagraph (D); 
        and
            (2) by inserting after subparagraph (A) the following new 
        subparagraphs:
                    ``(B) Availability of updated version of list 
                online and at polling places.--
                            ``(i) In general.--The appropriate State or 
                        local election official shall ensure that, at 
                        each polling place for an election for Federal 
                        office and on a public website of the election 
                        official of each registrar's jurisdiction, 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, other than any individual 
                                who requests that the appropriate 
                                official exclude the individual's name 
                                from the list; and
                                    ``(II) for each such individual, 
                                the polling place at which the 
                                individual is registered.
                            ``(ii) Exclusion of addresses.--The list 
                        required to be made available under clause (i) 
                        may not contain the address of any individual.
                            ``(iii) Timing.--The appropriate election 
                        official shall make the list required to be 
                        made available under clause (i)--
                                    ``(I) available not later than 72 
                                hours after the applicable deadline 
                                under State law for registering to vote 
                                in elections for Federal office; or
                                    ``(II) in the case of a same-day 
                                registration State, available on a 
                                weekly basis during the 30-day period 
                                which ends on the date of the election.
                            ``(iv) Permitting individuals to opt out of 
                        inclusion in publicly-posted list.--If an 
                        individual requests that the appropriate 
                        election official exclude the individual's name 
                        from the publicly posted list under this 
                        subparagraph--
                                    ``(I) the official shall exclude 
                                information relating to the individual 
                                from the publicly-posted list; and
                                    ``(II) the official shall notify 
                                the individual in a private and 
                                confidential manner of the polling 
                                place to which the individual is 
                                assigned in accordance with the 
                                timetable provided for making the list 
                                available under clause (iii).
                            ``(v) Definitions.--In this subparagraph--
                                    ``(I) 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)); and
                                    ``(II) the term `same-day 
                                registration State' has the meaning 
                                given such term in section 303C(c).
                    ``(C) Notification of changes in assigned polling 
                place.--If an election official assigns an individual 
                to a polling place which is different than the polling 
                place at which the individual was registered to vote 
                under the most recently available version of the list 
                required to be made available under subparagraph 
                (B)(i), the official shall notify the individual of the 
                new polling place immediately upon making the 
                assignment.''.
    (b) Conforming Amendment.--Section 303(a)(1) of such Act (42 U.S.C. 
15481(a)(1)) is amended--
            (1) in subparagraph (A), by striking ``subparagraph (B)'' 
        and inserting ``subparagraph (C)''; and
            (2) in subparagraph (C), as redesignated by subsection (a), 
        by striking ``requirement under subparagraph (A)'' and 
        inserting ``requirements under subparagraphs (A) and (B)''.

SEC. 305. NONAPPLICABILITY TO CERTAIN STATES.

    This title and the amendments made by this title shall not apply to 
a State in which, under a State law in effect continuously on and after 
the date of the enactment of this Act, there is no voter registration 
requirement for individuals in the State with respect to elections for 
Federal office.

SEC. 306. EFFECTIVE DATE.

    Section 303(e)(2) of the Help America Vote Act of 2002 (42 U.S.C. 
15483(e)(2)), as redesignated by section 301(b), is amended--
            (1) in subparagraph (A), by striking ``Each State'' and 
        inserting ``Except as provided in subparagraph (C), each 
        State'';
            (2) in subparagraph (B), by striking ``The provisions'' and 
        inserting ``Except as provided in subparagraph (C), the 
        provisions''; and
            (3) by adding at the end the following new subparagraph:
                    ``(C) Delayed effective date for certain 
                provisions.--To the extent that any provision of 
                subsection (b) was amended by the Electoral Fairness 
                Act of 2006, such provision, as well as subsection (d), 
                shall apply with respect to the regularly scheduled 
                general election for Federal office held in November 
                2006 and each succeeding election for Federal 
                office.''.
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