1.This Act may be cited as the
Protection Against Wrongful Voter
Purges Act
.
2.Notice and Review
Requirements for Removal of Individuals From Official List of Eligible Voters
by Reason Other Than Change of Residence
(a)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 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)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, or (in the case of an individual proposed to be removed by reason of
mental incapacity) sufficient identifying information on the judicial
determination of mental incapacity alleged to be the basis for removal to
enable to registrant to determine whether the registrant was adjudged to be
mentally incapacitated.
(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)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) or that the registrant was not adjudged to be mentally
incapacitated as cited in the notice or that the incapacity has since been
invalidated, withdrawn, or rescinded (in the case of an individual proposed to
be removed by reason of mental incapacity).
(B)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 registrantIn 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 ballotAny 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 removalNothing
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 ListSection
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 ListNot later than October 1, 2010, 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)
(1)National Voter
Registration Act of 1993Section 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 2002Section 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)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)The amendments made by this section shall apply with respect
to the regularly scheduled general election for Federal office in November 2010
and each succeeding election for Federal office.
3.Procedures for
Removal of Individuals From Official List of Eligible Voters by Reason of
Change of Residence
(a)Permitting
Removal at Request of Individual Only in Case of Specific Written Request or
Verified Registration in a New JurisdictionSection 8(a)(3) of the National Voter
Registration Act of 1993 (42 U.S.C. 1973gg–6(a)(3)) is amended—
(1)in subparagraph
(A), by striking the request
and inserting the specific
written request
;
(2)by redesignating
subparagraph (C) as subparagraph (D); and
(3)by inserting after
subparagraph (B) the following new subparagraph:
(C)upon verification by the State that the
registrant has registered in a new jurisdiction (in accordance with subsection
(d)(3)).
.
(b)Requiring Match
of Registration Information in New JurisdictionSection 8(d) of such Act (42 U.S.C.
1973gg–6(d)) is amended—
(1)in paragraph (1),
by striking unless
and inserting unless (subject to
paragraph (4))
;
(2)by redesignating paragraph (3) as paragraph
(4); and
(3)by inserting after
paragraph (2) the following new paragraph:
(3)A State may not remove the name of a
registrant on the ground that the registrant has registered in a new
jurisdiction unless the State verifies the registration in the new jurisdiction
by matching the registrant’s existing registration information with the
registrant’s registration information from the new jurisdiction, including
matching the registrant’s full name (taking into account common variations in
first names, middle initials and middle names, and documented differences in a
maiden name), date of birth, and the unique number used to identify the
registrant for purposes of section 303(a)(5) of the Help America Vote Act of
2002.
.
(c)Procedure for
Handling Returned Registration MailingsSection 8 of such Act (42
U.S.C. 1973gg–6), as amended by section 2(a), is amended—
(1)by redesignating
subsection (k) as subsection (l); and
(2)by inserting after
subsection (j) the following new subsection:
(k)Procedure for
Handling Returned Registration Mailings
(1)Evidence of
change to residence in new jurisdictionIf a disposition notice
described in subsection (a)(2), a voter registration card, a notice of location
of a polling place or notice of precinct assignment, or any other voter
registration or voting information mailed by the registrar to the registrant is
returned to the registrar as undeliverable with no forwarding address or with a
permanent forwarding address outside of the registrar’s jurisdiction, the
registrar shall deem such returned mailing as evidence that the registrant may
have changed residence to a place outside the registrar’s jurisdiction, and
shall use the notice procedure described in subsection (d)(2) to confirm the
change of address.
(2)Evidence of
change to residence in same jurisdictionIf any mailing described
in paragraph (1) is returned to the registrar with a permanent forwarding
address inside the registrar’s jurisdiction, the registrar shall deem such
returned mailing as evidence that the registrant may have changed residence to
a place within the registrar’s jurisdiction, and shall correct the registration
records in accordance with subsections (c)(1)(B)(i) and
(f).
.
(d)The amendments made by this section shall apply with respect
to the regularly scheduled general election for Federal office in November 2010
and each succeeding election for Federal office.
4.Standard for
Review of Removal Actions
(a)Section 8 of the National Voter
Registration Act of 1993 (42 U.S.C. 1973gg–6), as amended by sections 2(a) and
3(c), is amended—
(1)by redesignating
subsection (l) as subsection (m); and
(2)by inserting after
subsection (k) the following new subsection:
(l)Standard for
Review of Removal ActionsIf
any registrant who is subject to removal from the official list of eligible
voters requests that the appropriate election official review the removal, the
removal shall not take effect unless the official demonstrates by clear and
convincing evidence that the registrant was properly removed under this
Act.
.
(b)The amendments made by this section shall apply with respect
to the regularly scheduled general election for Federal office in November 2010
and each succeeding election for Federal office.
5.Contents and Treatment
of Voter Registration Forms
(a)Opportunity to
Correct Incomplete FormsSection 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 all that follows and inserting the following:
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,
the registrar shall notify the applicant of the failure and provide the
applicant with an opportunity to complete the form in a timely manner to allow
for the completion of the registration form prior to the next election for
Federal office.
.
(b)Prohibiting
Requirement To Provide Additional Information Relating to Age and
CitizenshipSection 303(b)(4) of such Act (42 U.S.C. 15483(b)(4))
is amended by adding at the end the following new subparagraph:
(C)Prohibiting
requirement to provide additional informationA State must accept, in lieu of requiring
an applicant to provide any documentation of citizenship or age as a condition
of registering to vote, the applicant’s checking of the applicable boxes
required under clauses (i) and (ii) of subparagraph (A) and attesting under
penalty of perjury to all applicable eligibility requirements (including age
and citizenship), as required by section 9(b)(2) of the National Voter
Registration Act of 1993 (42 U.S.C.
1973gg–7(b)(2)).
.
(c)Completed
National Form Deemed Complete For All StatesSection 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 StatesIf 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.
.
6.Prohibiting Delay
or Denial of Registration on Grounds of Failure to Match Information
(a)Information
Required To be Provided in ApplicationSection 303(a)(5)(A) of the Help America
Vote Act of 2002 (42 U.S.C. 15483(a)(5)(A)) is amended—
(1)by amending clause
(i) to read as follows:
(i)Except as provided in
clause (ii), notwithstanding any other provision of law, an application for
voter registration for an election for Federal office shall require the
applicant to include—
(I)in the case of an applicant who has been
issued and has available at the time of registration a current and valid
driver's license, the applicant's driver's license number; or
(II)in the case of any other applicant (other
than an applicant to whom clause (ii) applies), the last 4 digits of the
applicant's social security number.
;
and
(2)by striking clause
(iii).
(b)No Effect on
Registration Due to Failure To MatchSection 303(a)(5)(B) of such
Act (42 U.S.C. 15483(a)(5)(B)) is amended by adding at the end the following
new clause:
(iii)No effect on
registration due to failure to matchA State may not refuse to accept an
individual’s application for voter registration, delay the processing of such
an application, or refuse to register the individual solely on the grounds that
the information provided by the individual for purposes of the database of the
Statewide voter registration system under this paragraph does not match
information contained with respect to the individual in the database of the
State motor vehicle authority, the Commissioner of Social Security, or any
other governmental entity, except that the State may require (in a uniform and
nondiscriminatory manner) the individual to meet the requirements of subsection
(b)(2) in the same manner as an individual described in subsection
(b)(1).
.
7.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 provisionsTo the extent that any provision of
subsection (a) or subsection (b) was amended by the Protection Against Wrongful
Voter Purges Act, such provision shall apply with respect to the regularly
scheduled general election for Federal office held in November 2010 and each
succeeding election for Federal
office.
.