[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 2305 Introduced in Senate (IS)]







110th CONGRESS
  1st Session
                                S. 2305

                        To prevent voter caging.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            November 5, 2007

 Mr. Whitehouse (for himself, Mr. Leahy, Mrs. Feinstein, Mr. Feingold, 
  Mr. Nelson of Florida, Mr. Brown, Ms. Klobuchar, Mrs. Clinton, Mr. 
 Kerry, Mr. Menendez, Mr. Obama, Mr. Schumer, and Mr. Dodd) introduced 
the following bill; which was read twice and referred to the Committee 
                      on Rules and Administration

_______________________________________________________________________

                                 A BILL


 
                        To prevent voter caging.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Caging Prohibition Act of 2007''.

SEC. 2. PROHIBITION ON VOTER CAGING.

    (a) Definitions.--In this section:
            (1) Voter caging document.--The term ``voter caging 
        document'' means--
                    (A) any nonforwardable document that is sent to an 
                individual at the address at which such individual is 
                registered or seeking to become registered as a voter 
                in a Federal election and that is returned to the 
                sender or to a third party as undelivered or 
                undeliverable; and
                    (B) any document (other than a notice described in 
                section 8(d) of the National Voter Registration Act of 
                1993) that is sent to an individual at the address at 
                which such individual is registered as a voter in a 
                Federal election and that contains instructions to 
                return the document to the sender or a third party but 
                is not so returned.
            (2) Voter caging list.--The term ``voter caging list'' 
        means any list of individuals compiled from voter caging 
        documents.
            (3) Unverified list match.--The term ``unverified list 
        match'' means a list produced by matching--
                    (A) the identity of registered voters or applicants 
                for voter registration, with
                    (B) the identity of individuals who are ineligible 
                to vote in the registrar's jurisdiction, by virtue of 
                death, conviction, change of address, mental 
                impairment, or otherwise;
        unless the information establishing the identity of the 
        individual under both subparagraphs (A) and (B) contains a 
        signature, photograph, or unique identifying number verifying 
        the identity of the individual.
    (b) Conduct by Election Officials Prohibited.--No State or local 
election official shall prevent an individual from registering or 
voting in any election for Federal office, or permit in connection with 
any election for Federal office a formal challenge under State law to 
an individual's registration status or eligibility to vote, if the sole 
basis for such decision or challenge is evidence consisting of--
            (1) a voter caging document or voter caging list;
            (2) an unverified match list; or
            (3) notwithstanding section 209 of the Help America Vote 
        Act of 2002 (42 U.S.C. 15329), any other evidence so designated 
        for the purposes of this section by the Election Assistance 
        Commission.
    (c) Requirements for Challenges by Persons Other Than Election 
Officials.--
            (1) Attestation of first-hand knowledge of ineligibility.--
        No person, other than a State or local election official, shall 
        submit a formal challenge to an individual's eligibility to 
        register to vote in an election for Federal office or to vote 
        in an election for Federal office unless the challenge--
                    (A) sets forth in writing the specific grounds for 
                the ineligibility of the individual who is the subject 
                of the challenge; and
                    (B) is subject to an oath or attestation under 
                penalty of perjury that such individual is ineligible 
                to register to vote or to vote in that election.
            (2) Prohibiting challenges based on certain evidence.--No 
        person shall submit a formal challenge to an individual's 
        eligibility to register to vote in an election for Federal 
        office or to vote in an election for Federal office if the sole 
        basis for such challenge is evidence consisting of --
                    (A) a voter caging document or voter caging list;
                    (B) an unverified match list; or
                    (C) notwithstanding section 209 of the Help America 
                Vote Act of 2002 (42 U.S.C. 15329), any other evidence 
                so designated for the purposes of this section by the 
                Election Assistance Commission.
            (3) Penalties for knowing misconduct.--Whoever knowingly 
        challenges the eligibility of any individual to register or 
        vote or knowingly causes the eligibility of such individuals to 
        be challenged in violation of paragraph (1) or (2) with the 
        intent that one or more such individuals be disqualified from 
        voting, shall be fined not more than $50,000 for each such 
        violation.
    (d) No Effect on National Voter Registration Act of 1993.--Nothing 
in this section shall be construed to override the protections of the 
National Voter Registration Act of 1993 (42 U.S.C. 1973gg et seq.).
                                 <all>