[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 939 Introduced in House (IH)]






109th CONGRESS
  1st Session
                                H. R. 939

To amend the Help America Vote Act of 2002 to require a voter-verified 
 paper record, to improve provisional balloting, to impose additional 
          requirements under such Act, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 17, 2005

Mrs. Jones of Ohio introduced the following bill; which was referred to 
the Committee on House Administration, and in addition to the Committee 
  on the Judiciary, for a period to be subsequently determined by the 
  Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
To amend the Help America Vote Act of 2002 to require a voter-verified 
 paper record, to improve provisional balloting, to impose additional 
          requirements under such Act, 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 ``Count Every Vote 
Act of 2005''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
                TITLE I--VOTER VERIFICATION AND AUDITING

Sec. 101. Promoting accuracy, integrity, and security through 
                            preservation of a voter-verified paper 
                            record or hard copy.
Sec. 102. Requirement for mandatory recounts.
Sec. 103. Specific, delineated requirement of study, testing, and 
                            development of best practices.
Sec. 104. Voter verification and audit capacity funding.
Sec. 105. Reports and provision of security consultation services.
Sec. 106. Improvements to voting systems.
                     TITLE II--PROVISIONAL BALLOTS

Sec. 201. Requirements for casting and counting provisional ballots.
 TITLE III--ADDITIONAL REQUIREMENTS UNDER THE HELP AMERICA VOTE ACT OF 
                                  2002

                Subtitle A--Shortening voter wait times

Sec. 301. Minimum required voting systems, poll workers, and election 
                            resources.
Sec. 302. Requirements for jurisdictions with substantial voter wait 
                            times.
                 Subtitle B--No-excuse absentee voting

Sec. 311. No-excuse absentee voting.
       Subtitle C--Collection and dissemination of election data

Sec. 321. Data collection.
                Subtitle D--Ensuring well run elections

Sec. 331. Training of election officials.
Sec. 332. Impartial administration of elections.
                Subtitle E--Standards for purging voters

Sec. 341. Standards for purging voters.
         Subtitle F--Election day registration and early voting

Sec. 351. Election day registration.
Sec. 352. Early voting.
            TITLE IV--VOTER REGISTRATION AND IDENTIFICATION

Sec. 401. Voter registration.
Sec. 402. Establishing voter identification.
Sec. 403. Requirement for Federal certification of technological 
                            security of voter registration lists.
          TITLE V--PROHIBITION ON CERTAIN CAMPAIGN ACTIVITIES

Sec. 501. Prohibition on certain campaign activities.
                  TITLE VI--ENDING DECEPTIVE PRACTICES

Sec. 601. Ending deceptive practices.
             TITLE VII--CIVIC PARTICIPATION BY EX-OFFENDERS

Sec. 701. Voting rights of individuals convicted of criminal offenses.
              TITLE VIII--ELECTION DAY AS A PUBLIC HOLIDAY

Sec. 801. Acceleration of study on Election Day as a public holiday.
   TITLE IX--TRANSMISSION OF CERTIFICATE OF ASCERTAINMENT OF ELECTORS

Sec. 901. Transmission of certificate of ascertainment of electors.
       TITLE X--STRENGTHENING THE ELECTION ASSISTANCE COMMISSION

Sec. 1001. Strengthening the Election Assistance Commission.
Sec. 1002. Repeal of exemption of Election Assistance Commission from 
                            certain Government contracting 
                            requirements.
Sec. 1003. Extension of requirements payments.

                TITLE I--VOTER VERIFICATION AND AUDITING

SEC. 101. PROMOTING ACCURACY, INTEGRITY, AND SECURITY THROUGH 
              PRESERVATION OF A VOTER-VERIFIED PAPER RECORD OR HARD 
              COPY.

    (a) Voter Verification and Manual Audit Capacity.--
            (1) In general.--Section 301(a)(2) of the Help America Vote 
        Act of 2002 (42 U.S.C. 15481(a)(2)) is amended to read as 
        follows:
            ``(2) Voter verification and manual audit capacity.--
                    ``(A) Voter verification.--
                            ``(i) The voting system shall produce an 
                        individual voter-verifiable paper record of the 
                        vote that shall be made available for 
                        inspection and verification by the voter before 
                        the vote is cast.
                            ``(ii) The voting system shall provide the 
                        voter with an opportunity to correct any error 
                        made by the system in the voter-verifiable 
                        paper record before the permanent voter-
                        verified paper record is preserved in 
                        accordance with subparagraph (B)(i).
                    ``(B) Manual audit capacity.--The permanent voter 
                verified paper record produced in accordance with 
                subparagraph (A) shall--
                            ``(i) be preserved within the polling 
                        place, in the manner, if any, in which all 
                        other paper ballots are preserved within that 
                        polling place, or, in the manner employed by 
                        the jurisdiction for preserving paper ballots 
                        in general, for later use in any manual audit;
                            ``(ii) be suitable for a manual audit 
                        equivalent to that of a paper ballot voting 
                        system; and
                            ``(iii) be available as the official record 
                        and shall be the official record used for any 
                        recount conducted with respect to any Federal 
                        election in which the system is used.''.
            (2) Prohibition of use of thermal paper.--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 paragraph:
            ``(7) Prohibition of use of thermal paper.--The voter 
        verified paper record produced in accordance with paragraph 
        (2)(A) shall not be produced on thermal paper, but shall 
        instead be produced on paper of archival quality.''.
            (3) Conforming amendment.--Section 301(a)(1)(A)(ii) of the 
        Help America Vote Act (42 U.S.C. 15481(a)(1)(A)(ii)) is amended 
        by inserting ``and before the paper record is produced under 
        paragraph (2)'' before the semicolon at the end.
    (b) Voter Verification of Results for Individuals With Disabilities 
and Language Minority Voters.--Paragraph (3) of section 301(a) of the 
Help America Vote Act of 2002 (42 U.S.C. 15481(a)(3)) is amended to 
read as follows:
            ``(3) Accessibility for individuals with disabilities and 
        for language minorities.--
                    ``(A) In general.--The voting system shall--
                            ``(i) be accessible for individuals with 
                        disabilities, including nonvisual accessibility 
                        for the blind and visually impaired, in a 
                        manner that provides the same opportunity for 
                        access, participation (including privacy and 
                        independence), inspection, and verification as 
                        for other voters;
                            ``(ii) be accessible for language minority 
                        individuals to the extent required under 
                        section 203 of the Voting Rights Act of 1965 
                        (42 U.S.C. 1973aa-1), in a manner that provides 
                        the same opportunity for access, participation 
                        (including privacy and independence), 
                        inspection, and verification as for other 
                        voters;
                            ``(iii) satisfy the requirement of clauses 
                        (i) and (ii) through the use of at least one 
                        direct recording electronic voting system or 
                        other voting system equipped for individuals 
                        with disabilities at each polling place; and
                            ``(iv) if purchased with funds made 
                        available under title II on or after November 
                        1, 2006, meet the voting system standards for 
                        disability access (as outlined in this 
                        paragraph).
                    ``(B) Verification requirements.--Any direct 
                recording electronic voting system or other voting 
                system described in subparagraph (A)(iii) shall use a 
                mechanism that separates the function of vote 
                generation from the function of vote casting and shall 
                produce, in accordance with paragraph (2)(A), an 
                individual paper record which--
                            ``(i) shall be used to meet the 
                        requirements of paragraph (2)(B);
                            ``(ii) shall be available for visual, 
                        audio, and pictorial inspection and 
                        verification by the voter, with language 
                        translation available for all forms of 
                        inspection and verification in accordance with 
                        the requirements of section 203 of the Voting 
                        Rights Act of 1965;
                            ``(iii) shall not require the voter to 
                        handle the paper; and
                            ``(iv) shall not preclude the use of 
                        braille or tactile ballots for those voters who 
                        need them.
                The requirement of clause (iii) shall not apply to any 
                voting system certified by the Independent Testing 
                Authorities before the date of the enactment of this 
                Act.
                    ``(C) Requirements for language minorities.--Any 
                record produced under subparagraph (B) shall be subject 
                to the requirements of section 203 of the Voting Rights 
                Act of 1965 to the extent such section is applicable to 
                the State or jurisdiction in which such record is 
                produced.''.
    (c) Additional Voting System Requirements.--Section 301(a) of the 
Help America Vote Act of 2002 (42 U.S.C. 15481(a)), as amended by 
subsection (a)(2), is amended by adding to the end the following new 
paragraphs:
            ``(8) Instruction of election officials.--Each State shall 
        ensure that election officials are instructed on the right of 
        any individual who requires assistance to vote by reason of 
        blindness, other disability, or inability to read or write to 
        be given assistance by a person chosen by that individual under 
        section 208 of the Voting Rights Act of 1965.
            ``(9) Prohibition of use of undisclosed software in voting 
        systems.--No voting system shall at any time contain or use any 
        undisclosed software. Any voting system containing or using 
        software shall disclose the source code, object code, and 
        executable representation of that software to the Commission, 
        and the Commission shall make that source code, object code, 
        and executable representation available for inspection upon 
        request to any citizen.
            ``(10) Prohibition of use of wireless communication devices 
        in voting systems.--No voting system shall use any wireless 
        communication device.
            ``(11) Certification of software and hardware.--All 
        software and hardware used in any electronic voting system 
        shall be certified by laboratories accredited by the Commission 
        as meeting the requirements of paragraphs (9) and (10).
            ``(12) Security standards for manufacturers of voting 
        systems used in federal elections.--
                    ``(A) In general.--No voting system may be used in 
                an election for Federal office unless the manufacturer 
                of such system meets the requirements described in 
                subparagraph (B).
                    ``(B) Requirements described.--The requirements 
                described in this subparagraph are as follows:
                            ``(i) The manufacturer shall conduct 
                        background checks on individuals who are 
                        programmers and developers before such 
                        individuals work on any software used in 
                        connection with the voting system.
                            ``(ii) The manufacturer shall document the 
                        chain of custody for the handling of software 
                        used in connection with voting systems.
                            ``(iii) The manufacturer shall ensure that 
                        any software used in connection with the voting 
                        system is not transferred over the Internet.
                            ``(iv) In the same manner and to the same 
                        extent described in paragraph (9), the 
                        manufacturer shall provide the codes used in 
                        any software used in connection with the voting 
                        system to the Commission and may not alter such 
                        codes once certification by the Independent 
                        Testing Authorities has occurred unless such 
                        system is recertified.
                            ``(v) The manufacturer shall implement 
                        procedures to ensure internal security, as 
                        required by the Director of the National 
                        Institute of Standards and Technology.
                            ``(vi) The manufacturer shall meet such 
                        other requirements as may be established by the 
                        Director of the National Institute of Standards 
                        and Technology.''.
    (d) Effective Date.--Each State and jurisdiction shall be required 
to comply with the amendments made by this section on and after 
November 1, 2006.

SEC. 102. REQUIREMENT FOR MANDATORY RECOUNTS.

    On and after the date of the enactment of this Act, the Election 
Assistance Commission shall conduct random unannounced manual mandatory 
recounts of the voter-verified records of each election for Federal 
office (and, at the option of the State or jurisdiction involved, of 
elections for State and local office held at the same time as such an 
election for Federal office) in 2 percent of the polling locations (or, 
in the case of any polling location which serves more than 1 precinct, 
2 percent of the precincts) in each State and with respect to 2 percent 
of the ballots cast by uniformed and overseas voters immediately 
following the election and shall promptly publish the results of those 
recounts in the Federal Register. In addition, the verification system 
used by the Election Assistance Commission shall meet the error rate 
standards described in section 301(a)(5) of the Help America Vote Act 
of 2002.

SEC. 103. SPECIFIC, DELINEATED REQUIREMENT OF STUDY, TESTING, AND 
              DEVELOPMENT OF BEST PRACTICES.

    (a) In General.--Subtitle C of title II of the Help America Vote 
Act of 2002 (42 U.S.C. 15381 et seq.) is amended by--
            (1) redesignating section 247 as section 248; and
            (2) by inserting after section 246 the following new 
        section:

``SEC. 247. STUDY, TESTING, AND DEVELOPMENT OF BEST PRACTICES TO 
              ENHANCE ACCESSIBILITY AND VOTER-VERIFICATION MECHANISMS 
              FOR DISABLED VOTERS.

    ``The Election Assistance Commission shall study, test, and develop 
best practices to enhance accessibility and voter-verification 
mechanisms for individuals with disabilities.''.
    (b) Effective Date.--The amendments made by this section shall take 
effect on the date of the enactment of this Act.

SEC. 104. VOTER VERIFICATION AND AUDIT CAPACITY FUNDING.

    (a) In General.--Subtitle D of title II of the Help America Vote 
Act of 2002 (42 U.S.C. 15321 et seq.) is amended by adding at the end 
the following new part:

        ``PART 7--VOTER-VERIFICATION AND AUDIT CAPACITY FUNDING

``SEC. 297. VOTER-VERIFICATION AND AUDIT CAPACITY FUNDING.

    ``(a) Payments to States.--Subject to subsection (b), not later 
than the date that is 30 days after the date of the enactment of the 
Count Every Vote Act of 2005, the Election Assistance Commission shall 
pay to each State an amount to assist the State in paying for the 
implementation of the voter-verification and audit capacity 
requirements of paragraphs (2) and (3) of section 301(a), as amended by 
subsections (a) and (b) of section 2 of such Act.
    ``(b) Limitation.--The amount paid to a State under subsection (a) 
for each voting system purchased by a State may not exceed the average 
cost of adding a printer with accessibility features to each type of 
voting system that the State could have purchased to meet the 
requirements described in such subsection.
    ``(c) Ensuring Distribution of Funds to Local Governments.--A State 
may not receive any payment under this section unless the State has 
established procedures to ensure that, to the extent that the 
implementation of the voter-verification and audit capacity 
requirements of paragraphs (2) and (3) is carried out by a unit of 
local government, the State will immediately distribute the payment 
directly to the unit of local government.

``SEC. 298. APPROPRIATION.

    ``There are authorized to be appropriated $500,000,000 to the 
Election Assistance Commission, without fiscal year limitation, to make 
payments to States in accordance with section 297(a). Furthermore, 
there are authorized to be appropriated $20,000,000 to the Election 
Assistance Commission, for each of fiscal years 2006 through 2010, in 
addition to any amounts otherwise appropriated for administrative costs 
to assist with conducting recounts, the implementation of voter 
verification systems, and improved security measures.''.
    (b) Effective Date.--The amendment made by this section shall take 
effect on the date of the enactment of this Act.

SEC. 105. REPORTS AND PROVISION OF SECURITY CONSULTATION SERVICES.

    (a) In General.--Subtitle C of title II of the Help America Vote 
Act of 2002 (42 U.S.C. 15381 et seq.), as amended by section 6, is 
amended by--
            (1) redesignating section 248 as section 249; and
            (2) by inserting after section 247 the following new 
        section:

``SEC. 248. REPORTS AND PROVISION OF SECURITY CONSULTATION SERVICES.

    ``(a) Report to Congress on Security Review.--Not later than 6 
months after the date of the enactment of the Count Every Vote Act of 
2005, the Commission, in consultation with the Director of the National 
Institute of Standards and Technology, shall submit to Congress a 
report on a proposed security review and certification process for all 
voting systems used in elections for Federal office, including a 
description of the certification process to be implemented under 
section 231.
    ``(b) Report to Congress on Operational and Management Systems.--
Not later than 3 months after the date of the enactment of the Count 
Every Vote Act of 2005, the Commission shall submit to Congress a 
report on operational and management systems applicable with respect to 
elections for Federal office, including the security standards for 
manufacturers described in section 301(a)(7), that should be employed 
to safeguard the security of voting systems, together with a proposed 
schedule for the implementation of each such system.
    ``(c) Provision of Security Consultation Services.--
            ``(1) In general.--On and after the date of the enactment 
        of the Count Every Vote Act of 2005, the Commission, in 
        consultation with the Director of the National Institute of 
        Standards and Technology, shall provide security consultation 
        services to States and local jurisdictions with respect to the 
        administration of elections for Federal office.
            ``(2) Appropriation.--To carry out the purposes of 
        paragraph (1), $2,000,000 is authorized to be appropriated for 
        each of fiscal years 2006 through 2010.''.
    (b) Effective Date.--The amendments made by this section shall take 
effect on the date of the enactment of this Act.

SEC. 106. IMPROVEMENTS TO VOTING SYSTEMS.

    (a) In General.--Subparagraph (B) of section 301(a)(1) of the Help 
America Vote Act of 2002 (42 U.S.C. 15481(a)(1)(B)) is amended by 
striking ``, a punch card voting system, or a central count voting 
system''.
    (b) Clarification of Requirements for Punch Card Systems.--
Subparagraph (A) of section 301(a)(1) of the Help America Vote Act of 
2002 (42 U.S.C. 15481(a)(1)(A)) is amended by inserting ``punch card 
voting system,'' after ``any''.
    (c) Effective Date.--Each State and jurisdiction shall be required 
to comply with the amendments made by this section on and after 
November 1, 2006.
    (d) Residual Vote Benchmark.--.
            (1) In general.--The error rate of the voting system (as 
        defined under section 301 of the Help America Vote Act of 2002) 
        in counting ballots (determined by taking into account only 
        those errors which are attributable to the voting system and 
        not attributable to an act of the voter) shall not exceed the 
        error rate standards established under the voting systems 
        standards issued and maintained by Election Assistance 
        Commission.
            (2) Residual ballot performance benchmark.--In addition to 
        the error rate standards described in paragraph (1), the 
        Election Assistance Commission shall issue and maintain a 
        uniform benchmark for the residual ballot error rate that 
        jurisdictions may not exceed. For purposes of the preceding 
        sentence, the residual vote error rate shall be equal to the 
        combination of overvotes, spoiled or uncountable votes, and 
        undervotes cast in the contest at the top of the ballot, but 
        excluding an estimate, based upon the best available research, 
        of intentional undervotes. The Director shall base the 
        benchmark issued and maintained under this subparagraph on 
        evidence of good practice in representative jurisdictions.
            (3) Historically high intentional undervotes.--
                    (A) Congress finds that there are certain distinct 
                communities in certain geographic areas that have 
                historically high rates of intentional undervoting in 
                elections for Federal office, relative to the rest of 
                the Nation.
                    (B) In establishing the benchmark described in 
                subparagraph (B), the Election Assistance Commission 
                shall--
                            (i) study and report to Congress on the 
                        occurrences of distinct communities that have 
                        significantly higher than average rates of 
                        historical intentional undervoting; and
                            (ii) promulgate for local jurisdictions in 
                        which that distinct community has a substantial 
                        presence either a separate benchmark or an 
                        exclusion from the national benchmark, as 
                        appropriate.

                     TITLE II--PROVISIONAL BALLOTS

SEC. 201. REQUIREMENTS FOR CASTING AND COUNTING PROVISIONAL BALLOTS.

    (a) Eligibility of Provisional Ballots.--
            (1) In general.--Paragraph (4) of section 302(a) of the 
        Help America Vote Act of 2002 (42 U.S.C. 15482(a)(4)) is 
        amended by inserting at the end the following new sentence: 
        ``The determination of eligibility shall be made without regard 
        to the location at which the voter cast the provisional ballot 
        and without regard to any requirement to present identification 
        to any election official.''.
            (2) Effective date.--The amendment made by paragraph (1) 
        shall apply to States and jurisdictions on and after November 
        1, 2006.
    (b) Timely Processing of Ballots.--
            (1) In general.--Subsection (a) of section 302 of the Help 
        America Vote Act of 2002 (42 U.S.C. 15482(a)) is amended by 
        inserting after paragraph (5) the following new paragraph:
            ``(6) The appropriate State election official shall 
        develop, according to guidelines established by the Election 
        Assistance Commission, reasonable procedures to assure the 
        timely processing and counting of provisional ballots, 
        including--
                    ``(A) standards for timely processing and counting 
                to assure that, after the conclusion of the provisional 
                vote count, parties and candidates may have full, 
                timely, and effective recourse to the recount and 
                contest procedures provided by State law; and
                    ``(B) standards for the informed participation of 
                candidates and parties such as are consistent with 
                reasonable procedures to protect the security, 
                confidentiality, and integrity of personal information 
                collected in the course of the processing and counting 
                of provisional ballots.''.
            (2) Effective date.--Subsection (d) of section 302 of the 
        Help America Vote Act of 2002 (42 U.S.C. 15482(d)) is amended--
                    (A) by striking ``Each State'' and inserting the 
                following:
            ``(1) In general.--Except as provided in paragraph (2), 
        each State''; and
                    (B) by inserting at the end the following new 
                paragraph:
            ``(2) Processing.--Each State shall be required to comply 
        with the requirements of subsection (a)(6) on and after the 
        date that is six months after the date of the enactment of the 
        Count Every Vote Act of 2005.''.
            (3) Effective date.--The amendments made by this subsection 
        shall take effect on the date that is six months after the date 
        of enactment of this Act.

 TITLE III--ADDITIONAL REQUIREMENTS UNDER THE HELP AMERICA VOTE ACT OF 
                                  2002

                Subtitle A--Shortening Voter Wait Times

SEC. 301. MINIMUM REQUIRED VOTING SYSTEMS, POLL WORKERS, AND ELECTION 
              RESOURCES.

    (a) Minimum Requirements.--
            (1) In general.--Title III of the Help America Vote Act of 
        2002 (42 U.S.C. 15481 et seq.) is amended by adding at the end 
        the following new subtitle:

                 ``Subtitle C--Additional Requirements

``SEC. 321. MINIMUM REQUIRED VOTING SYSTEMS AND POLL WORKERS.

    ``(a) In General.--Each State shall provide for the minimum 
required number of voting systems, poll workers, and other election 
resources (including all other physical resources) for each voting site 
on the day of any Federal election and on any days during which such 
State allows early voting for a Federal election in accordance with the 
standards determined under section 299.
    ``(b) Voting Site.--For purposes of this section and section 299, 
the term `voting site' means a polling location, except that in the 
case of any polling location which serves more than 1 precinct, such 
term shall mean a precinct.
    ``(c) Effective Date.--Each State shall be required to comply with 
the requirements of this section on and after October 1, 2006.''.
            (2) Conforming amendment.--Section 401 of the Help America 
        Vote Act of 2002 (42 U.S.C. 15511) is amended by striking ``and 
        303'' and inserting ``303, and subtitle C''.
    (b) Standards.--
            (1) In general.--Title II of the Help America Vote Act of 
        2002 (42 U.S.C. 15321 et seq.) is amended by adding at the end 
        the following new subtitle:

                  ``Subtitle E--Guidance and Standards

``SEC. 299. STANDARDS FOR ESTABLISHING THE MINIMUM REQUIRED VOTING 
              SYSTEMS AND POLL WORKERS.

    ``(a) In General.--Not later than January 1, 2006, the Commission 
shall issue standards regarding the minimum number of voting systems, 
poll workers, and other election resources (including all other 
physical resources) required under section 321 on the day of any 
Federal election and on any days during which early voting is allowed 
for a Federal election.
    ``(b) Distribution.--
            ``(1) In general.--The standards described in subsection 
        (a) shall provide for a uniform and nondiscriminatory 
        distribution of such systems, workers, and other resources, and 
        shall take into account, among other factors, the following 
        with respect to any voting site:
                    ``(A) The voting age population.
                    ``(B) Voter turnout in past elections.
                    ``(C) The number of voters registered.
                    ``(D) The number of voters who have registered 
                since the most recent Federal election.
                    ``(E) Census data for the population served by such 
                voting site.
                    ``(F) The educational levels and socio-economic 
                factors of the population served by such voting site.
                    ``(G) The needs and numbers of disabled voters and 
                voters with limited English proficiency.
                    ``(H) The type of voting systems used.
            ``(2) No factor dispositive.--The standards shall provide 
        that any distribution of such systems shall take into account 
        the totality of all relevant factors, and no single factor 
        shall be dispositive under the standards.
            ``(3) Purpose.--To the extent possible, the standards shall 
        provide for a distribution of voting systems, poll workers, and 
        other election resources with the goals of--
                    ``(A) ensuring an equal waiting time for all voters 
                in the State; and
                    ``(B) preventing a waiting time of over 1 hour at 
                any polling place.
    ``(c) Deviation.--The standards described in subsection (a) shall 
permit States, upon giving reasonable public notice, to deviate from 
any allocation requirements in the case of unforseen circumstances such 
as a natural disaster or terrorist attack.''.
            (2) Conforming amendment.--Section 202 of the Help America 
        Vote Act of 2002 (42 U.S.C. 15322) is amended by redesignating 
        paragraphs (5) and (6) as paragraphs (6) and (7), respectively, 
        and by inserting after paragraph (4) the following new 
        paragraph:
            ``(4) carrying out the duties described under subtitle 
        E;''.

SEC. 302. REQUIREMENTS FOR JURISDICTIONS WITH SUBSTANTIAL VOTER WAIT 
              TIMES.

    (a) In General.--The Help America Vote Act of 2002 (42 U.S.C. 15301 
et seq.) is amended by adding at the end the following new title:

  ``TITLE X--REMEDIAL PLANS FOR STATES WITH EXCESSIVE VOTER WAIT TIMES

``SEC. 1001. REMEDIAL PLANS FOR STATES WITH EXCESSIVE VOTER WAIT TIMES.

    ``(a) In General.--Each jurisdiction for which the Election 
Assistance Commission determines that a substantial number of voters 
waited more than 90 minutes to cast a vote in the election on November 
2, 2004, shall comply with a State remedial plan established under this 
section.
    ``(b) State Remedial Plans.--For each State or jurisdiction which 
is required to comply with this section, the Election Assistance 
Commission shall establish a State remedial plan to minimize the 
waiting times of voters.
    ``(c) Jurisdiction.--For purposes of this section, the term 
`jurisdiction' has the same meaning as the term `registrar's 
jurisdiction' under section 8 of the National Voter Registration Act of 
1993.''.
    (b) Effective Date.--The amendment made by this section shall take 
effect on the date of the enactment of this Act.

                 Subtitle B--No-excuse Absentee Voting

SEC. 311. NO-EXCUSE ABSENTEE VOTING.

    Subtitle C of title III of the Help America Vote Act of 2002, as 
added by this Act, is amended by adding at the end the following new 
section:

``SEC. 322. NO-EXCUSE ABSENTEE VOTING.

    ``(a) In General.--Each State and jurisdiction shall permit any 
person who is otherwise qualified to vote in an election for Federal 
office to vote in such election in a manner other than in person 
without regard to any restrictions on absentee voting under State law.
    ``(b) Submission and Processing.--
            ``(1) In general.--Any ballot cast under subsection (a) 
        shall be submitted and processed in the manner provided for 
        absentee ballots under State law.
            ``(2) Deadline.--Any ballot cast under subsection (a) shall 
        be counted if postmarked or signed before the close of the 
        polls on election day and received by the appropriate State 
        election official on or before the date which is 10 days after 
        the date of the election or the date provided for the receipt 
        of absentee ballots under State law, whichever is later.
    ``(c) Effective Date.--Each State and jurisdiction shall be 
required to comply with the requirements of this section on and after 
October 1, 2006.''.

       Subtitle C--Collection and Dissemination of Election Data

SEC. 321. DATA COLLECTION.

    Subtitle C o f title III of the Help America Vote Act of 2002, as 
added and amended by this Act, is amended adding at the end the 
following new section:

``SEC. 323. PUBLIC REPORTS ON FEDERAL ELECTIONS.

    ``(a) In General.--Not later than 6 months after a Federal 
election, each State and jurisdiction shall publicly report information 
on such election, including the following information with respect to 
the election:
            ``(1) The total number of individuals of voting age 
        population.
            ``(2) The total number of individuals registered to vote.
            ``(3) The total number of registered voters who voted.
            ``(4) The number of absentee and overseas ballots 
        requested, including the numbers of such ballots requested by 
        military personnel and citizens living overseas.
            ``(5) The number of absentee and overseas ballots cast, 
        including the numbers of such ballots cast by military 
        personnel and citizens living overseas.
            ``(6) The total number of absentee and overseas ballots 
        counted, including the number of such ballots which were cast 
        by military personnel and citizens living overseas that were 
        counted.
            ``(7) The total number of absentee and overseas ballots 
        rejected, including the numbers of such ballots which were cast 
        by military personnel and citizens living overseas that were 
        rejected, and the reasons for any such rejections.
            ``(8) The number of votes cast in early voting at the polls 
        before the day of the election.
            ``(9) The number of provisional ballots cast.
            ``(10) The number of provisional ballots counted.
            ``(11) The number of provisional ballots rejected and the 
        reasons any provisional ballots were rejected.
            ``(12) The number of voting sites (within the meaning of 
        section 321(b)) in the State or jurisdiction.
            ``(13) The number of voting machines in each such voting 
        site on election day and the type of each voting machine.
            ``(14) The total number of voting machines available in the 
        State or jurisdiction for distribution to each such voting 
        site.
            ``(15) The total number of voting machines actually 
        distributed to such voting sites (including voting machines 
        distributed as replacement voting machines on the day of the 
        election).
            ``(16) The total number of voting machines of any type, 
        whether electronic or manual, that malfunctioned on the day of 
        the election and the reason for any malfunction.
            ``(17) The total number of voting machines that were 
        replaced on the day of the election.
    ``(b) Report by EAC.--The Commission shall collect the information 
published under subsection (a) and shall report to Congress not later 
than 9 months after any Federal election the following:
            ``(1) The funding and expenditures of each State under th 
        provisions of this Act.
            ``(2) The voter turnout in the election.
            ``(3) The number of registered voters and the number of 
        individuals eligible to register who are not registered.
            ``(4) The number of voters who have registered to vote in a 
        Federal election since the most recent such election.
            ``(5) The extent to which voter registration information 
        has been shared among government agencies (including any 
        progress on implementing statewide voter registration databases 
        under section 303(a)).
            ``(6) The extent to which accurate voter information has 
        been maintained over time.
            ``(7) The number and types of new voting systems purchased 
        by States and jurisdictions.
            ``(8) The amount of time individuals waited to vote.
            ``(9) The number of early votes, provisional votes, 
        absentee ballots, and overseas ballots distributed, cast, and 
        counted.
            ``(10) The amount of training that poll workers received.
            ``(11) The number of poll workers.
            ``(12) The number of polling locations and precincts.
            ``(13) The ratio of the number voting machines to the 
        number registered voters.
            ``(14) any other information pertaining to electoral 
        participation as the Commission deems appropriate.
    ``(c) Each State and jurisdiction shall be required to comply with 
the requirements of this section on and after November 1, 2006.''.

                Subtitle D--Ensuring Well Run Elections

SEC. 331. TRAINING OF ELECTION OFFICIALS.

    Subtitle C of title III of the Help America Vote Act of 2002, as 
added and amended by this Act, is amended by adding at the end the 
following new section:

``SEC. 324. TRAINING OF ELECTION OFFICIALS.

    ``(a) In General.--Each State and jurisdiction shall require that 
each person who works in a polling place during an election for Federal 
office receives adequate training not earlier than 3 months before the 
election.
    ``(b) Training.--The training required under subsection (a) shall, 
at a minimum, include--
            ``(1) hands-on training on all voting systems used in the 
        election;
            ``(2) training on accommodating individuals with 
        disabilities, individuals who are of limited English 
        proficiency, and individuals who are illiterate;
            ``(3) training on requirements for the identification of 
        voters;
            ``(4) training on the appropriate use of provisional 
        ballots and the process for casting such ballots;
            ``(5) training on registering voters on the day of the 
        election;
            ``(6) training on which individuals have the authority to 
        challenge voter eligibility and the process for any such 
        challenges; and
            ``(7) training on security procedures.
    ``(c) Effective Date.--Each State and jurisdiction shall be 
required to comply with the requirements of this section on and after 
August 1, 2006.''.

SEC. 332. IMPARTIAL ADMINISTRATION OF ELECTIONS.

    Subtitle C of title III of the Help America Vote Act of 2002, as 
added and amended by this Act, is amended by adding at the end the 
following new section:

``SEC. 325. ELECTION ADMINISTRATION REQUIREMENTS.

    ``(a) Publication of State Election Laws.--
            ``(1) In general.--Each State shall be required to 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.
            ``(2) Maintenance of laws on the internet.--Each State 
        shall be required to maintain an updated version of all 
        material published under paragraph (1) on an easily accessible 
        public web site on the Internet.
    ``(b) Notice of Changes in State Election Laws.--Not later than 15 
days prior to any Federal election, each State shall issue a public 
notice describing all changes in State law affecting voting in Federal 
elections and the administration of Federal elections since the most 
recent prior such election. If any State or local government makes any 
change affecting the administration of Federal elections within 15 days 
of a Federal election, the State or local government shall provide 
adequate public notice.
    ``(c) Observers.--
            ``(1) Standards.--Each State shall issue nondiscriminatory 
        standards for granting access to nonpartisan election 
        observers. Such standards shall take into account the need to 
        avoid disruption and crowding in polling places.
            ``(2) In general.--Each State shall allow uniform and 
        nondiscriminatory access to any polling place for purposes of 
        observing a Federal election to nonpartisan domestic observers 
        (including voting rights and civil rights organizations) and 
        international observers in accordance with the standards 
        published under paragraph (1).
            ``(3) Notice of denial of observation request.--Each State 
        shall issue a public notice with respect to any denial of a 
        request by any observer described in paragraph (2) for access 
        to any polling place for purposes of observing a Federal 
        election. Such notice shall be issued not later than 24 hours 
        after such denial.
    ``(d) Effective Date.--Each State shall be required to comply with 
the requirements of this section on and after October 1, 2006.''.

                Subtitle E--Standards for Purging Voters

SEC. 341. STANDARDS FOR PURGING VOTERS.

    Subtitle C of title III of the Help America Vote Act of 2002, as 
added and amended by this Act, is amended by adding at the end the 
following new section:

``SEC. 326. REMOVAL FROM VOTER REGISTRATION LIST.

    ``(a) Public Notice.--Not later than 45 days before any Federal 
election, each State shall provide public notice of--
            ``(1) all names which have been removed from the voter 
        registration list of such State under section 303 since the 
        later of the most recent election for Federal office or the day 
        of the most recent previous public notice provided under this 
        section; and
            ``(2) the criteria, processes, and procedures used to 
        determine which names were removed.
    ``(b) Notice to Individual Voters.--
            ``(1) In general.--No individual shall be removed from the 
        voter registration list under section 303 unless such 
        individual is first provided with a notice which meets the 
        requirements of paragraph (2).
            ``(2) Requirements of notice.--The notice required under 
        paragraph (1) shall be--
                    ``(A) provided to each voter in a uniform and 
                nondiscriminatory manner;
                    ``(B) consistent with the requirements of the 
                National Voter Registration Act of 1993 (42 U.S.C. 
                1973gg et seq.); and
                    ``(C) in the form and manner prescribed by the 
                Election Assistance Commission.
    ``(c) Privacy.--No State or jurisdiction may disclose the reason 
for the removal of any voter from the voter registration list unless 
ordered to do so by a court of competent jurisdiction.
    ``(d) Effective Date.--Each State shall be required to comply with 
the requirements of this section on and after September 1, 2006.''.

         Subtitle F--Election Day Registration and Early Voting

SEC. 351. ELECTION DAY REGISTRATION.

    (a) Requirement.--Subtitle C of title III of the Help America Vote 
Act of 2002, as added and amended by this Act, is amended by adding at 
the end the following new section:

``SEC. 327. ELECTION DAY REGISTRATION.

    ``(a) In General.--
            ``(1) Registration.--Notwithstanding section 8(a)(1)(D) of 
        the National Voter Registration Act of 1993 (42 U.S.C. 1973gg-
        6), each State shall permit any individual on the day of a 
        Federal election--
                    ``(A) to register to vote in such election at the 
                polling place using the form established by the 
                Election Assistance Commission pursuant to section 
                299A; and
                    ``(B) to cast a vote in such election and have that 
                vote counted in the same manner as a vote cast by an 
                eligible voter who properly registered during the 
                regular registration period.
            ``(2) Exception.--The requirements under paragraph (1) 
        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.
    ``(b) Effective Date.--Each State shall be required to comply with 
the requirements of subsection (a) on and after October 1, 2006.''.
    (b) Election Day Registration Form.--Subtitle E of title II of the 
Help America Vote Act of 2002, as added by this Act, is amended by 
adding at the end the following new section:

``SEC. 299A. ELECTION DAY REGISTRATION FORM.

    ``The Commission shall develop an election day registration form 
for elections for Federal office.''.

SEC. 352. EARLY VOTING.

    (a) Requirements.--Subtitle C of title III of the Help America Vote 
Act of 2002, as added and amended by this Act, is amended by adding at 
the end the following new section:

``SEC. 328. EARLY VOTING.

    ``(a) In General.--Each State shall allow individuals to vote in an 
election for Federal office not less than 15 days prior to the day 
scheduled for such election in the same manner as voting is allowed on 
such day.
    ``(b) Minimum Early Voting Requirements.--Each polling place which 
allows voting prior to the day of a Federal election pursuant to 
subsection (a) shall--
            ``(1) allow such voting for no less than 4 hours on each 
        day (other than Sunday); and
            ``(2) have minimum uniform hours each day for which such 
        voting occurs.
    ``(c) Application of Election Day Registration to Early Voting.--A 
State shall permit individuals to register to vote at each polling 
place which allows voting prior to the day of a Federal election 
pursuant to subsection (a) in the same manner as the State is required 
to permit individuals to register to vote and vote on the day of the 
election under section 327.
    ``(d) Effective Date.--Each State shall be required to comply with 
the requirements of this section on and after October 1, 2006.''.
    (b) Standards for Early Voting.--Subtitle E of the Help America 
Vote Act of 2002, as added and amended by this Act, is amended by 
adding at the end the following new section:

``SEC. 299B. STANDARDS FOR EARLY VOTING.

    ``(a) In General.--The Commission shall issue standards for the 
administration of voting prior to the day scheduled for a Federal 
election. Such standards shall include the nondiscriminatory geographic 
placement of polling places at which such voting occurs and the public 
listing of the date, time, and location of polling places no earlier 
than 10 days before the date on which such voting begins.
    ``(b) Deviation.--The standards described in subsection (a) shall 
permit States, upon giving reasonable public notice, to deviate from 
any requirement in the case of unforeseen circumstances such as a 
natural disaster or a terrorist attack.''.

            TITLE IV--VOTER REGISTRATION AND IDENTIFICATION

SEC. 401. VOTER REGISTRATION.

    (a) In General.--Paragraph (4) of section 303(b) of the Help 
America Vote Act of 2002 (42 U.S.C. 15483(b)(4)) is amended by adding 
at the end the following new subparagraph:
                    ``(C) Exception.--On and after the date of the 
                enactment of this Act--
                            ``(i) in lieu of the questions and 
                        statements required under subparagraph (A), 
                        such mail voter registration form shall include 
                        an affidavit to be signed by the registrant 
                        attesting both to citizenship and age; and
                            ``(ii) subparagraph (B) shall not apply.''.
    (b) Processing of Registration Applications.--
            (1) In general.--Subtitle C of title III of the Help 
        America Vote Act of 2002, as added and amended by this Act, is 
        amended by adding at the end the following new section:

``SEC. 329. PROCESSING OF REGISTRATION APPLICATIONS.

    ``(a) In General.--Notwithstanding any other provision of law, each 
State and jurisdiction shall accept and process a voter registration 
application for an election for Federal office unless there is a 
material omission or information that specifically affects the 
eligibility of the voter.
    ``(b) Presumption to Register.--There shall be a presumption that 
persons who submit voter registration applications should be 
registered.
    ``(c) Presumption to Cure Material Omission.--Each State and 
jurisdiction shall--
            ``(1) provide a process to permit voters an opportunity to 
        cure any material omission within a reasonable period of time; 
        and
            ``(2) accept any application which is so cured as having 
        been filed on the date on which such application is originally 
        received.
    ``(d) Effective Date.--Each State and jurisdiction shall be 
required to comply with the requirements of this subsection on and 
after October 1, 2006.''.
            (2) Material omission.--Subtitle E of title II of the Help 
        America Vote Act of 2002, as added and amended by this Act, is 
        amended by adding at the end the following new section:

``SEC. 299C. STANDARDS FOR MATERIAL OMISSION FROM REGISTRATION FORMS.

    ``(a) In General.--The Election Assistance Commission shall 
establish guidelines as to what does and does not constitute a 
`material omission or information that specifically affects the 
eligibility of the voter' for purposes of section 329.
    ``(b) Certain Information not a Material Omission.--In establishing 
the guidelines under subsection (a), the Commission shall provide that 
the following shall not constitute a `material omission or information 
that specifically affects the eligibility of the voter':
            ``(1) The failure to provide a social security number or 
        driver's license number.
            ``(2) The failure to provide information concerning 
        citizenship or age in a manner other than the attestation 
        required under section 9(b)(2) of the National Voter 
        Registration Act of 1993 (42 U.S.C. 1973-gg-7).''.
    (c) Internet Registration.--
            (1) In general.--Subtitle C of title II of the Help America 
        Vote Act of 2002 (42 U.S.C. 15381), as added and amended by 
        this Act, is amended by redesignating section 249 as section 
        250 and by inserting after section 248 the following new 
        section:

``SEC. 249. STUDY ON INTERNET REGISTRATION AND OTHER USES OF THE 
              INTERNET IF FEDERAL ELECTIONS.

    ``(a) Study.--The Commission shall conduct a study on--
            ``(1) the feasibility of voter registration through the 
        Internet for Federal elections; and
            ``(2) other uses of the Internet in Federal elections, 
        including--
                    ``(A) the use of the Internet to publicize 
                information related Federal elections; and
                    ``(B) the use of the Internet to vote in Federal 
                elections.
    ``(b) Report.--Not later than 6 months after the date of the 
enactment of the Count Every Vote Act of 2005, the Commission shall 
transmit to Congress a report on the results of the study conducted 
under subsection (a).''.
            (2) Effective date.--The amendments made by this subsection 
        shall take effect on the date of the enactment of this Act.

SEC. 402. ESTABLISHING VOTER IDENTIFICATION.

    (a) In General.--
            (1) In person voting.--Clause (i) of section 303(b)(2)(A) 
        of the Help America Vote Act of 2002 (42 U.S.C. 
        15483(b)(2)(A)(i)) is amended by striking ``or'' at the end of 
        subclause (I) and by adding at the end the following new 
        subclause:
                                    ``(III) executes a written 
                                affidavit attesting to such 
                                individual's identity; or''.
            (2) Voting by mail.--Clause (ii) of section 303(b)(2)(A) of 
        the Help America Vote Act of 2002 (42 U.S.C. 
        15483(b)(2)(A)(ii)) is amended by striking ``or'' at the end of 
        subclause (I), by striking the period at the end of subclause 
        (II) and inserting ``; or'', and by adding at the end the 
        following new subclause:
                                    ``(III) a written affidavit, 
                                executed by such individual, attesting 
                                to such individual's identity.''.
            (3) Effective date.--Each State and jurisdiction shall be 
        required to comply with the amendments made by this subsection 
        on and after November 1, 2006.
    (b) Standards for Verifying Voter Information.--Subtitle E of the 
Help America Vote Act of 2002, as added and amended by this Act, is 
amended by adding at the end the following new section:

``SEC. 299D. VOTER IDENTIFICATION.

    ``The Commission shall develop standards for verifying the 
identification information required under section 303(a)(5) in 
connection with the registration of an individual to vote in a Federal 
election.''.
    (c) Funding for Free Photo Identifications.--Subtitle D of title II 
of the Help America Vote Act of 2002 (42 U.S.C. 15401 et seq.), as 
amended by this Act, is amended by adding at the end the following:

                     ``PART 8--PHOTO IDENTIFICATION

``SEC. 298A. PAYMENTS FOR FREE PHOTO IDENTIFICATION.

    ``(a) In General.--In addition to any other payments made under 
this subtitle, the Election Assistance Commission shall make payments 
to States to promote the issuance to registered voters of free photo 
identifications.
    ``(b) Use of Funds.--A State receiving a payment under this part 
shall use the payment only to provide free photo identification cards 
to registered voters who do not have an identification card and who 
cannot obtain an identification card without undue hardship.
    ``(c) Allocation of Funds.--
            ``(1) In general.--The amount of the grant made to a State 
        under this part for a year shall be equal to the product of--
                    ``(A) the total amount appropriated for payments 
                under this part for the year under section 298B; and
                    ``(B) an amount equal to--
                            ``(i) the voting age population of the 
                        State (as reported in the most recent decennial 
                        census); divided by
                            ``(ii) the total voting age of all eligible 
                        States which submit an application for payments 
                        under this part (as reported in the most recent 
                        decennial census).
    ``(d) Ensuring Distribution of Funds to Local Governments.--A State 
may not receive a grant under this part unless the State has 
established procedures to ensure that, to the extent that the provision 
of photo identification cards is carried out by a unit of local 
government, the State will immediately distribute the grant directly to 
the unit of local government.

``SEC. 298B. AUTHORIZATION OF APPROPRIATIONS.

    ``(a) In General.--In addition to any other amounts authorized to 
be appropriated under this subtitle, there are authorized to be 
appropriated $10,000,000 for fiscal year 2006 and such sums as are 
necessary for each subsequent fiscal year for the purpose of making 
payments under section 298A.
    ``(b) Availability.--Any amounts appropriated pursuant to the 
authority of this section shall remain available until expended.''.

SEC. 403. REQUIREMENT FOR FEDERAL CERTIFICATION OF TECHNOLOGICAL 
              SECURITY OF VOTER REGISTRATION LISTS.

    (a) In General.--Section 303(a)(3) of the Help America Vote Act of 
2002 (42 U.S.C. 15483(a)(3)) is amended by striking ``measures to 
prevent the'' and inserting ``measures, as certified by the Election 
Assistance Commission, to prevent''.
    (b) Effective Date.--The amendment made by this section shall take 
effect on the date of the enactment of this Act.

          TITLE V--PROHIBITION ON CERTAIN CAMPAIGN ACTIVITIES

SEC. 501. PROHIBITION ON CERTAIN CAMPAIGN ACTIVITIES.

    (a) In General.--Title III of the Federal Election Campaign Act of 
1971 (2 U.S.C. 431 et seq.) is amended by inserting after section 319 
the following new section:

     ``campaign activities by election officials and voting system 
                             manufacturers

    ``Sec. 319A. (a) Prohibition.--
            ``(1) Chief state election officials.--It shall be unlawful 
        for any chief State election official to take part in 
        prohibited political activities with respect to any election 
        for Federal office over which such official has managerial 
        authority.
            ``(2) Voting system manufacturers.--It shall be unlawful 
        for any person who owns or serves as the chief executive 
        officer, chief financial officer, chief operating officer, or 
        president of any entity that designs or manufacturers a voting 
        system to take part in prohibited political activities with 
        respect to any election for a Federal office for which a voting 
        system produced by such manufacturer is used.
    ``(b) Definitions.--For purposes of this section:
            ``(1) Chief state election official.--The term `chief State 
        election official' means the individual designated as such 
        under section 10 of the National Voter Registration Act of 
        1993.''
            ``(2) Prohibited political activities.--The term 
        `prohibited political activities' means campaigning to support 
        or oppose a candidate or slate of candidates for Federal 
        office, making public speeches in support of such a candidate, 
        fundraising and collecting contributions on behalf of such a 
        candidate, distributing campaign materials with respect to such 
        a candidate, organizing campaign events with respect to such a 
        candidate, and serving in any position on any political 
        campaign committee of such a candidate.
    ``(b) Ownership.--For purposes of subsection (a)(2), a person shall 
be considered to own an entity if such person controls at least 20 
percent, by vote or value, of the entity.''.
    (b) Effective Date.--The amendments made by this section shall take 
effect on the date of the enactment of this Act.

                  TITLE VI--ENDING DECEPTIVE PRACTICES

SEC. 601. ENDING DECEPTIVE PRACTICES.

    (a) In General.--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) Deceptive Acts.--Whoever knowingly deceives any person 
regarding--
            ``(1) the time, place, or manner of conducting a general, 
        primary, run-off, or special election for the office of 
        President, Vice President, presidential elector, Member of the 
        Senate, or Member of the House of Representatives (including a 
        Delegate or Resident Commissioner to the Congress); or
            ``(2) the qualifications or restrictions of voter 
        eligibility for any general, primary, run-off or special 
        election for the office of President, Vice President, 
        presidential elector, Member of the Senate, or Member of the 
        House of Representatives (including a Delegate or Resident 
        Commissioner to the Congress)
shall be fined under title 18, United States Code, imprisoned not more 
than one year, or both.''.
    (b) Effective Date.--The amendments made by this section shall take 
effect on the date of the enactment of this Act.

             TITLE VII--CIVIC PARTICIPATION BY EX-OFFENDERS

SEC. 701. VOTING RIGHTS OF INDIVIDUALS CONVICTED OF CRIMINAL OFFENSES.

    (a) Short Title.--This title may be cited as the Civic 
Participation Act of 2005.
    (b) Findings and Purpose.--
            (1) Findings.--Congress makes the following findings:
                    (A) The right to vote is the most basic 
                constitutive act of citizenship and regaining the right 
                to vote reintegrates offenders into free society. The 
                right to vote may not be abridged or denied by the 
                United States or by any State on account of race, 
                color, gender, or previous condition of servitude. 
                Basic constitutional principles of fairness and equal 
                protection require an equal opportunity for United 
                States citizens to vote in Federal elections.
                    (B) Congress has ultimate supervisory power over 
                Federal elections, an authority that has repeatedly 
                been upheld by the Supreme Court.
                    (C) Although State laws determine the 
                qualifications for voting in Federal elections, 
                Congress must ensure that those laws are in accordance 
                with the Constitution. Currently, those laws vary 
                throughout the Nation, resulting in discrepancies 
                regarding which citizens may vote in Federal elections.
                    (D) An estimated 4,700,000 individuals in the 
                United States, or 1 in 44 adults, currently cannot vote 
                as a result of a felony conviction. Women represent 
                about 676,000 of those 4,700,000.
                    (E) State disenfranchisement laws 
                disproportionately impact ethnic minorities.
                    (F) Fourteen States disenfranchise some or all ex-
                offenders who have fully served their sentences, 
                regardless of the nature or seriousness of the offense.
                    (G) In those States that disenfranchise ex-
                offenders who have fully served their sentences, the 
                right to vote can be regained in theory, but in 
                practice this possibility is often illusory.
                    (H) In those States that disenfranchise ex-
                offenders, an ex-offender's right to vote can only be 
                restored through a gubernatorial pardon or order, or a 
                certificate granted by a parole board. Some States 
                require waiting periods as long as 10 years after 
                completion of the sentence before an ex-offender can 
                initiate the application for restoration of the right 
                to vote.
                    (I) Offenders convicted of a Federal offense often 
                have additional barriers to regaining voting rights. 
                Many States do not offer a restoration procedure for 
                Federal offenders who have completed supervision. The 
                only method available to such persons is a Presidential 
                pardon.
                    (J) Few persons who seek to have their right to 
                vote restored have the financial and political 
                resources needed to succeed.
                    (K) Thirteen percent of the African-American adult 
                male population, or 1,400,000 African-American men, are 
                disenfranchised. Given current rates of incarceration, 
                3 in 10 African-American men in the next generation 
                will be disenfranchised at some point during their 
                lifetimes. Hispanic citizens are also 
                disproportionately disenfranchised, since those 
                citizens are disproportionately represented in the 
                criminal justice system.
                    (L) The discrepancies described in this paragraph 
                should be addressed by Congress, in the name of 
                fundamental fairness and equal protection.
            (2) Purpose.--The purpose of this title is to restore 
        fairness in the Federal election process by ensuring that ex-
        offenders who have fully served their sentences are not denied 
        the right to vote.
    (c) Definitions.--In this title:
            (1) Correctional institution or facility.--The term 
        ``correctional institution or facility'' means any prison, 
        penitentiary, jail, or other institution or facility for the 
        confinement of individuals convicted of criminal offenses, 
        whether publicly or privately operated, except that such term 
        does not include any residential community treatment center (or 
        similar public or private facility).
            (2) Election.--The term ``election'' means--
                    (A) a general, special, primary, or runoff 
                election;
                    (B) a convention or caucus of a political party 
                held to nominate a candidate;
                    (C) a primary election held for the selection of 
                delegates to a national nominating convention of a 
                political party; or
                    (D) a primary election held for the expression of a 
                preference for the nomination of persons for election 
                to the office of President.
            (3) Federal office.--The term ``Federal office'' means the 
        office of President or Vice President, or of Senator or 
        Representative in, or Delegate or Resident Commissioner to, 
        Congress.
            (4) Parole.--The term ``parole'' means parole (including 
        mandatory parole), or conditional or supervised release 
        (including mandatory supervised release), imposed by a Federal, 
        State, or local court.
            (5) Probation.--The term ``probation'' means probation, 
        imposed by a Federal, State, or local court, with or without a 
        condition on the individual involved concerning--
                    (A) the individual's freedom of movement;
                    (B) the payment of damages by the individual;
                    (C) periodic reporting by the individual to an 
                officer of the court; or
                    (D) supervision of the individual by an officer of 
                the court.
    (d) Rights of Citizens.--The right of an individual who is a 
citizen of the United States to vote in any election for Federal office 
shall not be denied or abridged because that individual has been 
convicted of a criminal offense unless, at the time of the election, 
such individual--
            (1) is serving a felony sentence in a correctional 
        institution or facility; or
            (2) is on parole or probation for a felony offense
    (e) Enforcement.--
            (1) Attorney general.--The Attorney General may bring a 
        civil action in a court of competent jurisdiction to obtain 
        such declaratory or injunctive relief as is necessary to remedy 
        a violation of this section.
            (2) Private right of action.--
                    (A) Notice.--A person who is aggrieved by a 
                violation of this section may provide written notice of 
                the violation to the chief election official of the 
                State involved.
                    (B) Action.--Except as provided in subparagraph 
                (C), if the violation is not corrected within 90 days 
                after receipt of a notice provided under subparagraph 
                (A), 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 such a court to obtain the 
                declaratory or injunctive relief with respect to the 
                violation.
                    (C) Action for violation shortly before a federal 
                election.--If the violation occurred within 30 days 
                before the date of an election for Federal office, the 
                aggrieved person shall not be required to provide 
                notice to the chief election official of the State 
                under subparagraph (A) before bringing a civil action 
                in such a court to obtain the declaratory or injunctive 
                relief with respect to the violation.
    (f) Relation to Other Laws.--
            (1) No prohibition on less restrictive laws.--Nothing in 
        this section shall be construed to prohibit a State from 
        enacting any State law that affords the right to vote in any 
        election for Federal office on terms less restrictive than 
        those terms established by this section.
            (2) No limitation on other laws.--The rights and remedies 
        established by this section shall be in addition to all other 
        rights and remedies provided by law, and shall not supersede, 
        restrict, or limit the application of the Voting Rights Act of 
        1965 (42 U.S.C. 1973 et seq.) or the National Voter 
        Registration Act of 1993 (42 U.S.C. 1973gg et seq.).
    (g) Notification of Restoration of Voting Rights.--Subtitle C of 
title III of the Help America Vote Act of 2002, as added and amended by 
this Act, is amended by adding at the end the following new section:

``SEC. 330. NOTIFICATION OF RESTORATION OF VOTING RIGHTS.

    ``(a) Notification.--
            ``(1) In general.--On the date determined under subsection 
        (b), each State shall notify any qualified ex-offender who 
        resides in the State that such qualified ex-offender has the 
        right to vote in an election for Federal office pursuant to the 
        Civic Participation Act of 2005 and may register to vote in any 
        such election.
            ``(2) Qualified ex-offender.--For the purpose of this 
        section, the term `qualified ex-offender' means any individual 
        who resides in the State who has been convicted of a criminal 
        offense and is not serving a felony sentence in a correctional 
        institution or facility and who is not on parole or probation 
        for a felony offense.
    ``(b) Date of Notification.--The notification required under 
subsection (a) shall be given on the later of the date on which such 
individual is released from a correctional institution or facility for 
serving a felony sentence or the date on which such individual is 
released from parole for a felony offense.
    ``(c) Definitions.--Any term which is used in this section that is 
also used in the Civic Participation Act of 2005 shall have the meaning 
given to such term in that Act.
    ``(d) Effective Date.--Each State shall be required to comply with 
the requirements of this section on and after the date of the enactment 
of the Civic Participation Act of 2005.''.
    (h) Effective Date.--
            (1) In general.--This section shall apply to citizens of 
        the United States voting in any election for Federal office 
        after the date of the enactment of this Act.
            (2) Amendments.--The amendment made by subsection (g) shall 
        take effect on the date of the enactment of this Act.

              TITLE VIII--ELECTION DAY AS A PUBLIC HOLIDAY

SEC. 801. ACCELERATION OF STUDY ON ELECTION DAY AS A PUBLIC HOLIDAY.

    (a) In General.--Section 241 of the Help America Vote Act of 2002 
(42 U.S.C. 15381) is amended by adding at the end the following new 
subsection:
    ``(d) Report on Election Day.--
            ``(1) In general.--The report required under subsection (a) 
        with respect to election administration issues described under 
        subsection (b)(10) shall be submitted not later than 6 months 
        after the date of enactment of the Count Every Vote Act of 
        2005.
            ``(2) Additional requirements.--In addition to the 
        requirements under subsection (c), the report described in 
        paragraph (1) shall include--
                    ``(A) an assessment of the impact of making 
                Election Day a public holiday on low-wage hourly 
                workers;
                    ``(B) a discussion of incentives and strategies to 
                encourage Federal employees to serve as poll workers; 
                and
                    ``(C) a discussion of methods to encourage State 
                and local government employees to serve as poll 
                workers.
            ``(3) Authorization of appropriations.--Of the amount 
        authorized to be appropriated under section 210 for fiscal year 
        2006, $100,000 shall be authorized solely to carry out this 
        subsection.''.
    (b) Effective Date.--The amendment made by this section shall take 
effect on the date of the enactment of this Act.

   TITLE IX--TRANSMISSION OF CERTIFICATE OF ASCERTAINMENT OF ELECTORS

SEC. 901. TRANSMISSION OF CERTIFICATE OF ASCERTAINMENT OF ELECTORS.

    (a) In General.--Section 6 of title 3, United States Code, is 
amended--
            (1) by inserting ``and before the date that is 6 days 
        before the date on which the electors are to meet under section 
        7,'' after ``under and in pursuance of the laws of such State 
        providing for such ascertainment,''; and
            (2) by striking ``by registered mail'' and inserting ``by 
        overnight courier''.
    (b) Effective Date.--The amendments made by this section shall take 
effect on the date of the enactment of this Act.

       TITLE X.--STRENGTHENING THE ELECTION ASSISTANCE COMMISSION

SEC. 1001. STRENGTHENING THE ELECTION ASSISTANCE COMMISSION.

    (a) Rulemaking Authority.--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 
striking section 209.
    (b) Budget Requests.--Part 1 of subtitle A of title II of the Help 
America Vote Act of 2002 (42 U.S.C. 15321 et seq.), as amended by 
subsection (a), is amended by inserting after section 208 the following 
new section:

``SEC. 209. SUBMISSION OF BUDGET REQUESTS.

    ``Whenever the Commission submits any budget estimate or request to 
the President or the Office of Management and Budget, it shall 
concurrently transmit a copy of such estimate or request to the 
Congress and to the Committee on House Administration of the House of 
Representatives and the Committee on Rules and Administration of the 
Senate.''.
    (c) Exemption From Paperwork Reduction Act.--Paragraph (1) of 
section 3502 of title 44, United States Code, is amended by 
redesignating subparagraphs (B), (C), and (D) as subparagraphs (C), 
(D), and (E), respectively, and by inserting after subparagraph (A) the 
following new subparagraph:
                    ``(B) the Election Assistance Commission;''.
    (d) NIST Authority.--Subtitle E of title II of the Help America 
Vote Act of 2002, as added and amended by this Act, is amended by 
adding at the end the following new section:

``SEC. 299E. TECHNICAL SUPPORT.

    ``At the request of the Commission, the Director of the National 
Institute of Standards and Technology shall provide the Commission with 
technical support necessary for the Commission to carry out its duties 
under this title.''.
    (e) Authorization of Appropriations.--Section 210 of the Help 
America Vote Act of 2002 (42 U.S.C. 15330) is amended by striking ``for 
each of fiscal years 2003 through 2005 such sums as may be necessary 
(but not to exceed $10,000,000 for each such year)'' and inserting 
``$35,000,000 for fiscal year 2006 (of which $4,000,000 are authorized 
solely to carry out the purposes of section 299E) and such sums as may 
be necessary for succeeding fiscal year''.
    (f) Effective Date.--The amendments made by this section shall take 
effect on the date of the enactment of this Act.

SEC. 1002. REPEAL OF EXEMPTION OF ELECTION ASSISTANCE COMMISSION FROM 
              CERTAIN GOVERNMENT CONTRACTING REQUIREMENTS.

    (a) In General.--Section 205 of the Help America Vote Act of 2002 
(42 U.S.C. 15325) is amended by striking subsection (e).
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply with respect to contracts entered into by the Election Assistance 
Commission on or after the date of enactment of this Act.

SEC. 1003. EXTENSION OF REQUIREMENTS PAYMENTS.

    (a) Extending Authorization of Appropriations.--Subsection (a) of 
section 257 of the Help America Vote Act of 2002 (42 U.S.C. 15408(a)) 
is amended by adding at the end the following new paragraphs:
            ``(4) For fiscal year 2006, $3,000,000,000.
            ``(5) For each fiscal year after 2006, such sums as are 
        necessary.''.
    (b) Ensuring Appropriate Distribution of Payments to Local 
Governments.--Section 254(a)(2) of such Act (42 U.S.C. 15404(a)(2)) is 
amended--
            (1) by striking ``and'' at the end of subparagraph (A);
            (2) by striking the period at the end of subparagraph (B) 
        and inserting ``; and''; and
            (3) by adding at the end the following new subparagraph:
                    ``(C) the procedures the States will implement to 
                ensure that, to the extent that an activity described 
                in paragraph (1) is carried out by a unit of local 
                government, the State will immediately distribute the 
                portion of the payment used to carry out the activity 
                directly to the unit of local government.''.
                                 <all>