[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 414 Introduced in Senate (IS)]







109th CONGRESS
  1st Session
                                 S. 414

  To amend the Help America Vote Act of 2002 to protect the right of 
Americans to vote through the prevention of voter fraud, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 17, 2005

Mr. McConnell (for himself and Mr. Bond) introduced the following bill; 
    which was read twice and referred to the Committee on Rules and 
                             Administration

_______________________________________________________________________

                                 A BILL


 
  To amend the Help America Vote Act of 2002 to protect the right of 
Americans to vote through the prevention of voter fraud, 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 ``Voter Protection 
Act of 2005''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
   TITLE I--VOTER REGISTRATION AND MAINTENANCE OF OFFICIAL LISTS OF 
                           REGISTERED VOTERS

Sec. 101. Requirements for voters who register other than in person 
                            with an officer or employee of a State or 
                            local government entity.
Sec. 102. Removal of registrants from voting rolls for failure to vote.
Sec. 103. Use of social security numbers for voter registration and 
                            election administration.
Sec. 104. Synchronization of State databases.
Sec. 105. Incomplete registration forms.
Sec. 106. Requirements for submission of registration forms by third 
                            parties.
                            TITLE II--VOTING

Sec. 201. Voter rolls.
Sec. 202. Return of absentee ballots.
Sec. 203. Identification requirement.
Sec. 204. Clarification of counting of provisional ballots.
Sec. 205. Applications for absentee ballots.
Sec. 206. Pilot program for use of indelible ink at polling places.
                     TITLE III--CRIMINAL PENALTIES

Sec. 301. Penalty for making expenditures to persons to register.
Sec. 302. Penalty for conspiracy to influence voting.
Sec. 303. Penalty for destruction of property with intent to impede the 
                            act of voting.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) There is a need for Congress to encourage and enable 
        every eligible and registered American to vote.
            (2) There is a need for Congress to protect the franchise 
        of all Americans by rooting out the potential for fraud in the 
        electoral system.
            (3) There is a need for Congress to provide States the 
        tools necessary to protect against fraud in multiple, 
        fictitious, and ineligible voter registrations.
            (4) There is a need for Congress to ensure completed and 
        valid voter registration forms are returned for processing so 
        as to not disenfranchise voters who believe they have been 
        properly registered.
            (5) There is a need for Congress to provide States the 
        tools necessary to protect against any American casting more 
        than one ballot and ensuring poll workers are equipped to 
        identify those who voted prior to election day.
            (6) There is a need for Congress to ensure the accuracy, 
        integrity, and fairness of every American election.
            (7) There is a need for Congress to ensure the protection 
        of every American's franchise is carried out in a uniform and 
        nondiscriminatory manner.

   TITLE I--VOTER REGISTRATION AND MAINTENANCE OF OFFICIAL LISTS OF 
                           REGISTERED VOTERS

SEC. 101. REQUIREMENTS FOR VOTERS WHO REGISTER OTHER THAN IN PERSON 
              WITH AN OFFICER OR EMPLOYEE OF A STATE OR LOCAL 
              GOVERNMENT ENTITY.

    (a) In General.--
            (1) Application of requirements to voters registering other 
        than in person.--Subparagraph (A) of section 303(b)(1) of the 
        Help America Vote Act of 2002 (42 U.S.C. 15483(b)(1)(A)) is 
        amended to read as follows:
                    ``(A) the individual registered to vote in a 
                jurisdiction in a manner other than appearing in person 
                before an officer or employee of a State or local 
                government entity; and''.
            (2) Meaning of in person.--Paragraph (1) of section 303(b) 
        of such Act is amended by inserting at the end the following:
        ``For purposes of subparagraph (A), an individual shall not be 
        considered to have registered in person if the registration is 
        submitted to an officer or employee of a State or local 
        government entity by a person other than the person whose name 
        appears on the voter registration form.''.
            (3) Conforming amendments.--
                    (A) The heading for subsection (b) of section 303 
                of such Act is amended by striking ``who register by 
                mail'' and inserting ``who do not register in person''.
                    (B) The heading for section 303 of such Act is 
                amended by striking ``requirements for voters who 
                register by mail'' and inserting ``voter registration 
                requirements''.
    (b) Effective Date.--
            (1) In general.--The amendments made by this section shall 
        apply on and after January 1, 2006.
            (2) Conforming amendments.--
                    (A) Paragraph (2) of section 303(d) of the Help 
                America Vote Act of 2002 (42 U.S.C. 15483(d)(2)) is 
                amended by inserting at the end the following new 
                subparagraph:
                    ``(C) Applicability with respect to individuals who 
                register other than in person.--Notwithstanding 
                subparagraphs (A) and (B)--
                            ``(i) each State and jurisdiction shall be 
                        required to comply with the provisions of 
                        subsection (b) with respect to individuals who 
                        register to vote in a jurisdiction in a manner 
                        other than appearing in person before an 
                        officer or employee of a State or local 
                        government entity on and after January 1, 2006; 
                        and
                            ``(ii) the provisions of subsection (b) 
                        shall apply to any individual who registers to 
                        vote in a jurisdiction in a manner other than 
                        appearing in person before an officer or 
                        employee of a State or local government on and 
                        after January 1, 2006.''.
                    (B) The heading for paragraph (2) of section 303(d) 
                of such Act is amended by striking ``who register by 
                mail''.
                    (C) Subparagraph (A) of section 303(d)(2) of such 
                Act is amended by inserting ``with respect to 
                individuals who register by mail'' after ``subsection 
                (b)''.
                    (D) Subparagraph (B) of section 303(d)(2) of such 
                Act is amended by inserting ``by mail'' after 
                ``registers to vote''.

SEC. 102. REMOVAL OF REGISTRANTS FROM VOTING ROLLS FOR FAILURE TO VOTE.

    (a) In General.--Section 8 of the National Voter Registration Act 
of 1994 (42 U.S.C. 1973gg-6) is amended by redesignating subsections 
(h), (i), and (j) as subsections (i), (j), and (k), respectively, and 
by inserting after subsection (g) the following new subsection:
    ``(h) Failure to Vote.--Except as otherwise provided in subsection 
(d), a State shall not remove the name of a registrant from the 
official list of eligible voters in elections for Federal office on the 
ground that the registrant has failed to vote unless--
            ``(1) the registrant has not voted or appeared to vote in 2 
        consecutive general elections for Federal office; and
            ``(2)(A) the registrant has not notified the applicable 
        registrar (in person or in writing) during the period described 
        in subparagraph (A) that the individual intends to remain 
        registered in the registrar's jurisdiction; and
            ``(B) the applicable registrar has sent a notice which 
        meets the requirements of paragraph (d)(2) and the notice is 
        undeliverable.''.
    (b) Conforming Amendments.--
            (1) Section 8(a)(4) of the National Voter Registration Act 
        of 1993 (42 U.S.C. 1973gg-6(a)(4)) is amended by striking 
        ``or'' at the end of subparagraph (A), by inserting ``or'' at 
        the end of subparagraph (B), and by adding at the end the 
        following new subparagraph:
                    ``(C) a failure to vote in 2 consecutive general 
                elections for Federal office, in accordance with 
                subsection (h) of this section;''.
            (2) Section 8(b) of the National Voter Registration Act of 
        1993 (42 U.S.C. 1973gg-6(b)) is amended by striking ``roll for 
        elections for Federal office'' and all that follows and 
        inserting the following ``roll for elections for Federal office 
        shall be uniform, nondiscriminatory, and in compliance with the 
        Voting Rights Act of 1965 (42 U.S.C. 1973 et seq.).''.

SEC. 103. USE OF SOCIAL SECURITY NUMBERS FOR VOTER REGISTRATION AND 
              ELECTION ADMINISTRATION.

    (a) In General.--Section 205(c)(2) of the Social Security Act (42 
U.S.C. 405(c)(2)) is amended by adding at the end the following new 
subparagraph:
                    ``(I)(i) It is the policy of the United States that 
                any State (or political subdivision thereof) may, in 
                the administration of any voter registration or other 
                election law, use the social security account numbers 
                issued by the Commissioner of Social Security for the 
                purpose of establishing the identification of 
                individuals affected by such law, and may require any 
                individual who is, or appears to be, so affected to 
                furnish to such State (or political subdivision 
                thereof) or any agency thereof having administrative 
                responsibility for the law involved, the social 
                security account number (or numbers, if such individual 
                has more than one such number) issued to such 
                individual by the Commissioner of Social Security.
                    ``(ii) For purposes of clause (i), an agency of a 
                State (or political subdivision thereof) charged with 
                the administration of any voter registration or other 
                election law that did not use the social security 
                account number for identification under a law or 
                regulation adopted before January 1, 2005, may require 
                an individual to disclose his or her social security 
                number to such agency solely for the purpose of 
                administering the laws referred to in such clause.
                    ``(iii) If, and to the extent that, any provision 
                of Federal law enacted before the date of enactment of 
                the Voter Protection Act of 2005 is inconsistent with 
                the policy set forth in clause (i), such provision 
                shall, on and after the date of the enactment of such 
                Act, be null, void, and of no effect.''.
    (b) Construction.--Nothing in this section or the amendment made by 
this section may be construed to supersede any privacy guarantee under 
any Federal or State law that applies with respect to a social security 
number.

SEC. 104. SYNCHRONIZATION OF STATE DATABASES.

    (a) In General.--Subparagraph (A) of section 303(a)(1) of the Help 
America Vote Act of 2002 (42 U.S.C. 15483(a)(1)(A)) is amended by 
adding at the end the following:
                            ``(ix) The computerized list shall be in a 
                        format which allows for sharing and 
                        synchronization with other State computerized 
                        lists.''.
    (b) Effective Date.--
            (1) In general.--Paragraph (1) of section 303(d) of the 
        Help America Vote Act of 2002 (42 U.S.C. 15483(d)(1)) is 
        amended by adding at the end the following:
                    ``(C) Synchronization of databases.--Each State and 
                jurisdiction shall be required to comply with the 
                requirements of subsection (a)(1)(A)(ix) on and after 
                January 1, 2007.''.
            (2) Conforming amendment.--Subparagraph (A) of section 
        303(d)(1) of the Help America Vote Act of 2002 (42 U.S.C. 
        15483(d)(1)(A)) is amended by striking ``subparagraph (B)'' and 
        inserting ``subparagraphs (B) and (C)''.

SEC. 105. INCOMPLETE REGISTRATION FORMS.

    (a) In General.--Subparagraph (B) of section 303(b)(4) of the Help 
America Vote Act of 2002 (42 U.S.C. 15483(b)(4)(B)) is amended to read 
as follows:
                    ``(B) Incomplete forms.--If an applicant for voter 
                registration fails to answer the question included on 
                the mail voter registration form pursuant to 
                subparagraph (A)(i), the registrar shall return the 
                incomplete voter registration form to the applicant and 
                provide the applicant with an opportunity to complete 
                the registration form.''.
    (b) Effective Date.--The amendment made by this section shall apply 
to any individual who registers to vote on or after January 1, 2006.

SEC. 106. REQUIREMENTS FOR SUBMISSION OF REGISTRATION FORMS BY THIRD 
              PARTIES.

    (a) In General.--Section 303 of the Help America Vote Act of 2002 
(42 U.S.C. 15483(b)), as amended by this Act, is amended by 
redesignating subsection (d) as subsection (e) and by inserting after 
subsection (c) the following new subsection:
    ``(d) Requirements for Submission or Registration Forms by Third 
Parties.--Notwithstanding section 8(a) of the National Voter 
Registration Act of 1993 (42 U.S.C. 1973gg-6(a)), no State shall 
register any person to vote in an election for Federal office if the 
registration form is submitted--
            ``(1) by a person other than the person whose name appears 
        on such form; and
            ``(2) more than 3 days after the date on which such form 
        was signed by the registrant.''.
    (b) Conforming Amendment.--Section 906(a) of the Help America Vote 
Act of 2002 (42 U.S.C. 15545(a)) is amended by striking ``section 
303(b)'' and inserting ``subsections (b) and (d) of section 303''.
    (c) Effective Date.--Subsection (e) of section 303 of the Help 
America Vote Act of 2002 (42 U.S.C. 15483(d)), as redesignated by 
subsection (a), is amended by adding at the end the following new 
paragraph:
            ``(3) Requirement for submission of registration forms by 
        third parties.--Each State shall be required to comply with the 
        requirements of subsection (d) on and after January 1, 2006.''.

                            TITLE II--VOTING

SEC. 201. VOTER ROLLS.

    (a) In General.--Title III of the Help America Vote Act of 2002 (42 
U.S.C. 15481 et seq.) is amended by redesignating sections 304 and 305 
as sections 305 and 306, respectively, and by inserting after section 
303 the following new section:

``SEC. 304. VOTER ROLLS.

    ``(a) In General.--If a State allows early voting or absentee 
voting for a Federal office, then such State shall be required to 
ensure that the voter rolls at each polling location on the day of the 
election accurately and affirmatively indicate--
            ``(1) which individuals have voted prior to such day; and
            ``(2) which individuals have requested an absentee ballot 
        for such election.
    ``(b) Rule for Persons Not Voting in Person.--For purposes of 
subsection (a)(1), a State shall affirmatively indicate that an 
individual who has not voted in person has voted if the State has 
received a ballot from such individual prior to the day of the 
election.
    ``(c) Effective Date.--Each State and jurisdiction shall be 
required to comply with the requirements of this section on and after 
January 1, 2006.''.
    (b) 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 304''.

SEC. 202. RETURN OF ABSENTEE BALLOTS.

    (a) In General.--Title III of the Help America Vote Act of 2002 (42 
U.S.C. 15481 et seq.), as amended by this Act, is amended by 
redesignating sections 305 and 306 as sections 306 and 307, 
respectively, and by inserting after section 304 the following new 
section.

``SEC. 305. RETURN OF ABSENTEE BALLOTS.

    ``(a) In General.--Except as provided in the Uniformed and Overseas 
Citizens Absentee Voting Act, each absentee ballot cast for a Federal 
office must be received by the State by the close of business on the 
day of the election in order to be counted as a valid ballot.
    ``(b) Effective Date.--Each State and jurisdiction shall be 
required to comply with the requirements of subsection (a) on and after 
January 1, 2006.''.
    (b) Conforming Amendment.--Section 401 of the Help America Vote Act 
of 2002 (42 U.S.C. 15511), as amended by this Act, is amended by 
striking ``and 304'' and inserting ``304, and 305''.

SEC. 203. IDENTIFICATION REQUIREMENT.

    (a) Requirement for Voters Who Register by Mail and Other Than in 
Person.--
            (1) In general.--Subparagraph (A) of section 303(b)(2) of 
        the Help America Vote Act of 2002 (42 U.S.C. 15483(b)(2)(A)) is 
        amended--
                    (A) in clause (i)--
                            (i) by inserting ``issued by a government 
                        entity'' after ``identification'' in subclause 
                        (I); and
                            (ii) by striking ``current utility bill, 
                        bank statement, government check, paycheck, or 
                        other'' in subclause (II) and inserting 
                        ``recent''; and
                    (B) in clause (ii) --
                            (i) by inserting ``issued by a government 
                        entity'' after ``identification'' in subclause 
                        (I); and
                            (ii) by striking ``current utility bill, 
                        bank statement, government check, paycheck, or 
                        other'' in subclause (II) and inserting 
                        ``recent''.
            (2) Inapplicability.--Paragraph (3) of section 303(b) of 
        the Help America Vote Act of 2002 (42 U.S.C. 15483(b)(3)) is 
        amended--
                    (A) in subparagraph (A)--
                            (i) by striking ``part of such'' and 
                        inserting ``a requirement for a valid'';
                            (ii) by inserting ``issued by a government 
                        entity'' after ``identification'' in clause 
                        (i); and
                            (iii) by striking ``current utility bill, 
                        bank statement, government check, paycheck, or 
                        other'' in clause (ii) and inserting 
                        ``recent''; and
                    (B) in subparagraph (B)(i), by striking ``with 
                such'' and inserting ``as a requirement for a valid''.
            (3) Effective date.--The amendments made by this subsection 
        shall apply to individuals who register to vote on and after 
        January 1, 2006, and each State and jurisdiction shall be 
        required to comply with the requirements of section 303(b) of 
        the Help America Vote Act of 2002, as amended by this section, 
        on and after January 1, 2006.
    (b) New Requirement for Individuals Voting in Person.--
            (1) In general.--Title III of the Help America Vote Act of 
        2002 (42 U.S.C. 15481 et seq.), as amended by this Act, is 
        amended by redesignating sections 306 and 307 as sections 307 
        and 308, respectively, and by inserting after section 305 the 
        following new section:

``SEC. 306. IDENTIFICATION OF VOTERS AT THE POLLS.

    ``(a) In General.--Notwithstanding the requirements of section 
303(b), each State shall require individuals casting ballots in an 
election for Federal office in person to present a current valid photo 
identification issued by a governmental entity before voting.
    ``(b) Effective Date.--Each State shall be required to comply with 
the requirements of subsection (a) on and after January 1, 2006.''.
            (2) Conforming amendment.--Section 401 of the Help America 
        Vote Act of 2002 (42 U.S.C. 15511), as amended by this Act, is 
        amended by striking ``and 305'' and inserting ``305, and 306''.
    (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.) is 
amended by adding at the end the following:

                     ``PART 7--PHOTO IDENTIFICATION

``SEC. 297. 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 for purposes of meeting the identification requirements 
of sections 303(b)(2) and 306.
    ``(b) Eligibility.--A State is eligible to receive a grant under 
this part if it submits to the Commission (at such time and in such 
form as the Commission may require) an application containing--
            ``(1) a statement that the State intends to comply with the 
        requirements of section 303(b) and section 306; and
            ``(2) a description of how the State intends to use the 
        payment under this part to provide registered voters with free 
        photo identifications to meet the requirements of such 
        sections.
    ``(c) 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 that meets 
the requirements of sections 303(b) and 306.
    ``(d) 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 298; 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).

``SEC. 298. 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 $25,000,000 for fiscal year 2006 and such sums as are 
necessary for each subsequent fiscal year for the purpose of making 
payments under section 297.
    ``(b) Availability.--Any amounts appropriated pursuant to the 
authority of this section shall remain available until expended.''.

SEC. 204. CLARIFICATION OF COUNTING OF PROVISIONAL BALLOTS.

    (a) 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 adding 
at the end the following new sentence: ``For purposes of this 
paragraph, the determination of whether an individual is eligible under 
State law to vote shall take into account any provision of State law 
with respect to the polling site at which the individual is required to 
vote.''.
    (b) Conforming Amendment.--
            (1) Paragraph (1) of section 302(a) of the Help America 
        Vote Act of 2002 (42 U.S.C. 15482(a)(1)) is amended to read as 
        follows:
            ``(1) An election official at the polling place shall--
                    ``(A) notify the individual that the individual may 
                cast a provisional ballot in that election; and
                    ``(B) in the case of an individual who the election 
                official asserts is not eligible to vote under State 
                law because the individual is at an incorrect polling 
                site, direct the individual to the appropriate polling 
                site.''.
            (2) Paragraph (2) of section 302(a) of the Help America 
        Vote Act of 2002 (42 U.S.C. 15482(a)(2)) is amended by striking 
        ``The individual'' and inserting ``Notwithstanding the 
        requirement of paragraph (1)(B), the individual''.

SEC. 205. APPLICATIONS FOR ABSENTEE BALLOTS.

    (a) In General.--Title III of the Help America Vote Act of 2002 (42 
U.S.C. 15481 et seq.), as amended by this Act, is amended by 
redesignating sections 307 and 308 as sections 308 and 309, 
respectively, and by inserting after section 306 the following new 
section:

``SEC. 307. APPLICATIONS FOR ABSENTEE BALLOTS.

    ``(a) In General.--An application for an absentee ballot for an 
election for Federal office may not be accepted and processed by a 
State unless the application includes--
            ``(1) in the case of an applicant who has been issued a 
        current and valid driver's license, the applicant's driver's 
        license number; or
            ``(2) in the case of any other applicant--
                    ``(A) a photo copy of a current and valid photo 
                identification issued by a government entity;
                    ``(B) at least the last 4 digits of the applicant's 
                social security number; or
                    ``(C) the number assigned to such individual under 
                section 303(a)(5)(A)(ii).
    ``(b) Effective Date.--Each State shall be required to comply with 
the requirements of subsection (a) on and after January 1, 2006.''.
    (b) Conforming Amendment.--Section 401 of the Help America Vote Act 
of 2002 (42 U.S.C. 15511), as amended by this Act, is amended by 
striking ``and 306'' and inserting ``306, and 307''.

SEC. 206. PILOT PROGRAM FOR USE OF INDELIBLE INK AT POLLING PLACES.

    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--PILOT PROGRAM FOR USE OF INDELIBLE INK AT POLLING PLACES

``SEC. 299. PILOT PROGRAM.

    ``(a) In General.--The Commission shall make grants to States to 
carry out pilot programs under which each voter in an election for 
Federal office in a State is marked with indelible ink after submitting 
a ballot.
    ``(b) Eligibility.--A State is eligible to receive a grant under 
this part if it submits to the Commission, at such time and in such 
form as the Commission may require, an application containing such 
information as the Commission may require.
    ``(c) Report.--
            ``(1) In general.--Each State which receives a grant under 
        this part shall submit to the Commission a report describing 
        the activities carried out with the funds provided under the 
        grant.
            ``(2) Deadline.--A State shall submit the report required 
        under paragraph (1) not later than 60 days after the end of the 
        fiscal year for which the State received the grant which is the 
        subject of the report.

``SEC. 300. AUTHORIZATION OF APPROPRIATIONS.

    ``(a) In General.--There are authorized to be appropriated for 
grants under this part $5,000,000 for fiscal year 2006 and such sums as 
are necessary for each succeeding fiscal year.
    ``(b) Availability.--Any amounts appropriated pursuant to the 
authority of this section shall remain available, without fiscal year 
limitation, until expended.''.

                     TITLE III--CRIMINAL PENALTIES

SEC. 301. PENALTY FOR MAKING EXPENDITURES TO PERSONS TO REGISTER.

     Section 597 of title 18, United States Code, is amended by 
inserting ``to register him to vote,'' after ``either''.

SEC. 302. PENALTY FOR CONSPIRACY TO INFLUENCE VOTING.

    Section 597 of title 18, United States Code, as amended by this 
Act, is amended by striking ``makes or offers to make'' and inserting 
``makes, offers to make, or conspires to make''.

SEC. 303. PENALTY FOR DESTRUCTION OF PROPERTY WITH INTENT TO IMPEDE THE 
              ACT OF VOTING.

    Section 594 of title 18, United States Code, is amended--
            (1) by inserting ``(a)'' before ``Whoever''; and
            (2) by adding at the end the following:
    ``(b) Whoever destroys or damages any property with the intent to 
prevent or impede an individual from voting in an election for the 
office of President, Vice President, Presidential elector, Member of 
the Senate, Member of the House of Representatives, Delegate from the 
District of Columbia, or Resident Commissioner, shall be fined under 
this title, imprisoned for not more than 2 years, or both.''.
                                 <all>