Short Title

This Act may be cited as the Protection Against Wrongful Voter Purges Act.

Notice and Review Requirements for Removal of Individuals From Official List of Eligible Voters by Reason Other Than Change of Residence

(a)

In General

Section 8 of the National Voter Registration Act of 1993 (42 U.S.C. 1973gg–6) is amended— (1)by redesignating subsection (j) as subsection (k); and (2)by inserting after subsection (i) the following new subsection:

(j)

Notice and Review Requirements For Removal of Individuals From List of Eligible Voters by Reason Other Than Change of Residence

(1)

Minimum notice prior to removal

(A)

In general

In addition to any other requirements applicable under this section, a State may not remove a registrant from the official list of eligible voters for an election for Federal office by reason other than death or a change of residence unless the State provides the registrant with a notice of removal meeting the requirements of subparagraph (B) not later than 30 days before the date of the election. (B)

Requirements for notice

The notice required under this subparagraph shall be sent by forwardable mail, and shall include the following: (i)A statement that the State intends to remove the registrant from the official list of eligible voters for elections for Federal office. (ii)A description of the reasons for removal, including (in the case of an individual proposed to be removed by reason of criminal conviction) sufficient identifying information on the criminal conviction alleged to be the basis for removal to enable the registrant to determine whether the registrant was convicted of the offense cited in the notice. (iii)A statement that the registrant may obtain a review of the removal from an appropriate State election official in accordance with paragraph (2). (iv)A postage pre-paid and pre-addressed envelope and a clear list of contact information for the appropriate State election official that includes a mailing address, telephone number, and fax number. (2)

Review of decision to remove

(A)

In general

A registrant who receives a notice of removal under paragraph (1) may submit a written request to a designated State election official to withdraw the notice and retain the registrant on the official list of eligible voters, and may include in the request such information and evidence as the registrant considers appropriate to show that the registrant is not subject to removal from the list under State law, including information and evidence showing that the registrant was not convicted of the criminal offense cited in the notice or that the period of ineligibility imposed as the result of a conviction of a criminal offense has expired (in the case of an individual proposed to be removed by reason of criminal conviction). (B)

Response by State

Not later than 10 days after receiving a request from a registrant under subparagraph (A), the State shall review the information and evidence included and accept or reject the request, and shall notify the registrant in writing of its decision. (3)

Special rules for removal by reason of death of registrant

In the case of an individual proposed to be removed by reason of death— (A)the notice of removal under paragraph (1) shall be addressed to the occupant of the most recent address of the registrant in the records of the appropriate State election official; (B)the notice shall include a statement that the occupant should notify the appropriate State election official immediately if the notice of the registrant’s death is in error; (C)if the notice of removal was issued in error, the registrant may submit a written request under paragraph (2) to withdraw the notice and retain the registrant on the official list of eligible voters; and (D)if the registrant submits such a written request, the State shall notify the registrant of the decision made under paragraph (2)(B) with respect to the request. (4)

Opportunity to cast provisional ballot

Any registrant who receives a notice of removal under paragraph (1) and believes that the removal decision was made in error shall be permitted to cast a provisional ballot in an election for Federal office in accordance with section 302(a) of the Help America Vote Act of 2002, and the vote cast by such a ballot shall be counted in the election (in accordance with the standards and procedures of such section) if it is determined that the removal decision was made in error. (5)

No expansion of grounds for removal

Nothing in this subsection may be construed to require or authorize the establishment of any grounds for the removal of a registrant from the official list of eligible voters for an election for Federal office which were not in effect prior to the enactment of this subsection.

(b)

Adoption of Voluntary Guidance Regarding Audits of Computerized List

Section 311 of the Help America Vote Act of 2002 (42 U.S.C. 15501) is amended by adding at the end the following new subsection:

(d)

Voluntary Guidance Regarding Audits of Computerized List

Not later than October 1, 2008, the Commission shall adopt voluntary guidance with respect to audits of the Statewide computerized voter registration list required to be maintained under section 303 so that each State will be able to ensure that the list reflects an accurate and complete count of all individuals who are validly registered to vote in elections for Federal office in the State and is secure against unauthorized uses.

(c)

Conforming Amendments

(1)

National Voter Registration Act of 1993

Section 8 of the National Voter Registration Act of 1993 (42 U.S.C. 1973gg–6) is amended— (A)in subsection (a)(3)(B), by striking State law, and inserting State law and consistent with the requirements of subsection (j),; (B)in subsection (a)(4)(A), by striking the semicolon at the end and inserting and , consistent with the requirements of subsection (j);; (C)in the heading for subsection (d), by inserting after

Rolls

the following:

by Reason of Change of Residence

; and (D)in subsection (i)(2), by inserting after subsection (d)(2) the following: and all persons to whom notices described in subsection (j). (2)

Help America Vote Act of 2002

Section 303(a) of the Help America Vote Act of 2002 (42 U.S.C. 15483(a)) is amended— (A)in paragraph (2)(A)(i), by striking and (e) and inserting (e), and (j); and (B)in paragraph (4)(B), by striking Safeguards and inserting In addition to meeting the applicable notice and review requirements of section 8 of the National Voter Registration Act of 1993, safeguards. (d)

Rule of Construction

Nothing in this section or any amendment made by this section may be construed— (1)to affect the right of any individual to cast a provisional ballot under section 302(a) of the Help America Vote Act of 2002; or (2)to prohibit any State from providing individuals threatened with removal from the official list of eligible voters in the State with greater protections than those required under section 8(j) of the National Voter Registration Act of 1993 (as added by subsection (a)). (e)

Effective Date

The amendments made by this section shall apply with respect to the regularly scheduled general election for Federal office in November 2008 and each succeeding election for Federal office.

Contents and Treatment of Voter Registration Forms

(a)

Opportunity To Correct Incomplete Forms

Section 303(b)(4)(B) of the Help America Vote Act of 2002 (42 U.S.C. 15483(b)(4)(B)) is amended by striking to answer the question included on the mail voter registration form pursuant to subparagraph (A)(i) and inserting to provide any information required on any voter registration form used by the State under section 6 of the National Voter Registration Act of 1993. (b)

Completed National Form Deemed Complete For All States

Section 303(b) of such Act (42 U.S.C. 15483(b)) is amended— (1)by redesignating paragraph (5) as paragraph (6); and (2)by inserting after paragraph (4) the following new paragraph:

(5)

Completed national form deemed complete for all States

(A)

Treatment of completed form

If an applicant for voter registration in a State submits a voter registration application form which contains all of the information required to be provided under the mail voter registration form developed by the Commission under section 9(a)(2) of the National Voter Registration Act of 1993 (whether the form submitted by the applicant is the form developed by the Commission or another form developed and used by the State under section 6(a) of the National Voter Registration Act of 1993), the State may not refuse to register the applicant as a voter on the ground that the applicant failed to complete the form. (B)

Presumption in favor of registration

In determining whether applicants meet the requirements for registering to vote in elections for Federal office in a State, State election officials shall act under the presumption that applicants should be registered.

Availability of Updated Information for Registered Voters

(a)

Requiring States To Make Updated Information Available to Registered Voters

Section 303(a)(1) of the Help America Vote Act of 2002 (42 U.S.C. 15483(a)(1)) is amended— (1)by redesignating subparagraph (B) as subparagraph (D); and (2)by inserting after subparagraph (A) the following new subparagraphs:

(B)

Availability of updated version of list online and at polling places

(i)

In general

The appropriate State or local election official shall ensure that, at each polling place for an election for Federal office and on a public website of the election official of each registrar’s jurisdiction, a list is available which shows— (I)all individuals registered to vote in that election at all polling places located in the registrar's jurisdiction, other than any individual who requests that the appropriate official exclude the individual’s name from the list; and (II)for each such individual, the polling place at which the individual is registered. (ii)

Exclusion of addresses

The list required to be made available under clause (i) may not contain the address of any individual. (iii)

Timing

The appropriate election official shall make the list required to be made available under clause (i)— (I)available not later than 72 hours after the applicable deadline under State law for registering to vote in elections for Federal office; or (II)in the case of a same-day registration State, available on a weekly basis during the 30-day period which ends on the date of the election. (iv)

Permitting individuals to opt out of inclusion in publicly-posted list

If an individual requests that the appropriate election official exclude the individual’s name from the publicly posted list under this subparagraph— (I)the official shall exclude information relating to the individual from the publicly-posted list; and (II)the official shall notify the individual in a private and confidential manner of the polling place to which the individual is assigned in accordance with the timetable provided for making the list available under clause (iii). (v)

Definitions

In this subparagraph— (I)the term registrar’s jurisdiction has the meaning given such term in section 8(j) of the National Voter Registration Act of 1993 (42 U.S.C. 1973gg–6(j)); and (II)the term same-day registration State means a State in which, under law that is in effect continuously on and after the date of the enactment of the Protection Against Wrongful Voter Purges Act, all voters in the State may register to vote at the polling place at the time of voting in a general election for Federal office. (C)

Notification of changes in assigned polling place

If an election official assigns an individual to a polling place which is different than the polling place at which the individual was registered to vote under the most recently available version of the list required to be made available under subparagraph (B)(i), the official shall notify the individual of the new polling place immediately upon making the assignment.

(b)

Conforming Amendment

Section 303(a)(1) of such Act (42 U.S.C. 15481(a)(1)) is amended— (1)in subparagraph (A), by striking subparagraph (B) and inserting subparagraph (C); and (2)in subparagraph (C), as redesignated by subsection (a), by striking requirement under subparagraph (A) and inserting requirements under subparagraphs (A) and (B).

Nonapplicability to Certain States

This Act and the amendments made by this Act 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.

Effective Date

Section 303(d)(2) of the Help America Vote Act of 2002 (42 U.S.C. 15483(d)(2)) is amended— (1)in subparagraph (A), by striking Each State and inserting Except as provided in subparagraph (C), each State; (2)in subparagraph (B), by striking The provisions and inserting Except as provided in subparagraph (C), the provisions; and (3)by adding at the end the following new subparagraph:

(C)

Delayed effective date for certain provisions

To the extent that any provision of subsection (b) was amended by the Protection Against Wrongful Voter Purges Act, such provision shall apply with respect to the next election for Federal office held after November 2008 and each succeeding election for Federal office.