1.This Act may be cited as
the Caging Prohibition Act of
2007
.
2.Prohibition on
voter caging
(a)In
this section:
(1)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)The term voter caging list means any list of
individuals compiled from voter caging documents.
(3)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 prohibitedNo 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 ineligibilityNo 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 evidenceNo 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 misconductWhoever 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 1993Nothing 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.).