[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4449 Introduced in House (IH)]

111th CONGRESS
  2d Session
                                H. R. 4449

   To direct the Election Assistance Commission to make payments to 
   reimburse States for costs incurred in establishing online voter 
             registration programs, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 13, 2010

Mr. McCarthy of California (for himself and Mr. Harper) introduced the 
     following bill; which was referred to the Committee on House 
                             Administration

_______________________________________________________________________

                                 A BILL


 
   To direct the Election Assistance Commission to make payments to 
   reimburse States for costs incurred in establishing online voter 
             registration programs, 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; FINDINGS.

    (a) Short Title.--This Act may be cited as the ``Responsible Online 
Voter Empowerment Registration Act of 2010''.
    (b) Findings.--Congress finds as follows:
            (1) Most States continue to rely upon paper forms for voter 
        registration.
            (2) Paper voter registration forms are subject to delays in 
        postal delivery or in submission to election officials for 
        processing, and may be subject to errors when data is entered 
        into registration systems.
            (3) Online voter registration systems can solve the 
        problems identified with paper forms, and with proper security 
        measures can do so without increasing fraud.
            (4) Online voter registration can increase the accuracy of 
        registration records and reduce costs by eliminating the need 
        for data entry of paper forms.
            (5) States that offer online voter registration have 
        experienced rapid and widespread adoption by individuals 
        registering to vote.
            (6) To ensure that online voter registrations are secure it 
        is vital to validate them against an existing database with 
        suitable information for voter registration.
            (7) Voter registration records must include the voter's 
        signature in order to validate absentee ballots and signatures 
        on petitions, initiatives, and referenda.

SEC. 2. PAYMENTS TO REIMBURSE STATES FOR COSTS INCURRED IN ESTABLISHING 
              ONLINE VOTER REGISTRATION PROGRAMS.

    (a) Payments for Costs of Establishing Program.--
            (1) In general.--The Election Assistance Commission shall 
        make a payment to each eligible State to reimburse the State 
        for the costs incurred in establishing, if the State so chooses 
        to establish, an online voter registration program which meets 
        the requirements of subsection (b) (including costs incurred 
        prior to the date of the enactment of this Act).
            (2) Limit on number of payments received.--A State may not 
        receive more than one payment under this Act.
    (b) Requirements for Online Voter Registration Program.--
            (1) Requirements.--An online voter registration program 
        established by a State meets the requirements of this 
        subsection if each of the following are met:
                    (A) The program is operated through the official 
                public website of the chief State election official, or 
                through the official public websites of such other 
                officials of the State or of units of local government 
                in the State as the chief State election official may 
                designate.
                    (B) If an applicant for voter registration uses the 
                program, the entire process by which the applicant 
                obtains, completes, and submits the voter registration 
                application form for elections for Federal office in 
                the State shall be carried out online.
                    (C) An applicant for voter registration may use the 
                program only if the applicant--
                            (i) has a current and valid motor vehicle 
                        operator's license issued by the State, or 
                        another current and valid identification issued 
                        by the State, which includes the applicant's 
                        signature;
                            (ii) agrees that such license or 
                        identification, and the signature contained on 
                        the license or identification, may be used by 
                        the appropriate election officials in the State 
                        for voter registration purposes; and
                            (iii) includes in the information submitted 
                        in the application the number of the license or 
                        identification which will be used as described 
                        in subparagraph (B).
                    (D) In processing an application submitted under 
                the program, the election official obtains a digital 
                copy of the signature which is contained on the license 
                or identification for which the applicant provided the 
                number pursuant to subparagraph (C) from the State 
                office which issued the license or identification to 
                the applicant.
                    (E) An applicant for voter registration who uses 
                the program is subject to the same requirements 
                regarding eligibility and attestations (including 
                attestations of age and citizenship), and subject to 
                the same penalties for providing false information, as 
                an applicant for voter registration in the State who 
                does not use the program.
                    (F) The chief State election official establishes 
                measures sufficient to ensure the accuracy, integrity, 
                and security of the information provided by an 
                applicant using the program, including security 
                measures to prevent registration attempts when such 
                attempts can be identified as originating with an 
                automated source or being multiple or repeated attempts 
                from the same individual.
            (2) Treatment as registration by mail for purposes of 
        meeting certain identification requirements.--For purposes of 
        section 303(b) of the Help America Vote Act of 2002 (42 U.S.C. 
        15483(b)), an individual who registers to vote using an online 
        voter registration program which meets the requirements of this 
        subsection shall be considered to have registered to vote by 
        mail.

SEC. 3. CERTIFICATION OF COMPLIANCE AND COSTS.

    (a) Certification Required.--
            (1) In general.--In order to receive a payment under this 
        Act, the State shall submit to the Commission, at such time and 
        in such form as the Commission may require, a statement 
        containing the following information and assurances:
                    (A) A certification that the State has established 
                an online voter registration program which meets the 
                requirements of section 2(b).
                    (B) A statement of the reasonable costs incurred by 
                the State and by units of local government in the State 
                in establishing the program, together with 
                documentation of such costs.
            (2) Deadline.--A State may not receive a payment under this 
        Act if the State does not submit the statement required under 
        paragraph (1) prior to December 31, 2012.
    (b) Amount of Payment.--
            (1) In general.--The amount of the payment made to an 
        eligible State under this section shall be equal to the 
        reasonable costs incurred by the State and by units of local 
        government in the State in establishing the online voter 
        registration program, as set forth in the statement submitted 
        by the State under subsection (a)(1)(B), except that the total 
        amount of the payment may not exceed $1,000,000.
            (2) Exclusion of amounts already reimbursed.--The amount 
        determined with respect to a State under paragraph (1) shall be 
        reduced to the extent that the State has already been 
        reimbursed by a requirements payment under part 1 of subtitle D 
        of title II of the Help America Vote Act of 2002 (42 U.S.C. 
        15401 et seq.) for the costs incurred in establishing the 
        online voter registration program.

SEC. 4. DEFINITIONS.

    In this Act--
            (1) the term ``chief State election official'' means, with 
        respect to a State, the individual designated by the State 
        under section 10 of the National Voter Registration Act of 1993 
        (42 U.S.C. 1973gg-8) to be responsible for coordination of the 
        State's responsibilities under such Act;
            (2) the term ``Commission'' means the Election Assistance 
        Commission; and
            (3) the term ``State'' means each of the several States, 
        the District of Columbia, the Commonwealth of Puerto Rico, 
        Guam, American Samoa, and the United States Virgin Islands.

SEC. 5. AUTHORIZATION OF APPROPRIATIONS.

    (a) Authorization.--There are authorized to be appropriated to the 
Commission such sums as may be necessary to carry out this Act.
    (b) Corresponding Reduction in Unobligated Requirements Payments.--
The aggregate amount of the requirements payments under part 1 of 
subtitle D of title II of the Help America Vote Act of 2002 (42 U.S.C. 
15401 et seq.) which were appropriated prior to a fiscal year which 
remain unobligated as of the beginning of that fiscal year shall be 
reduced by the amount appropriated pursuant to the authorization under 
this section for that fiscal year.
    (c) Continuing Availability of Funds.--Any amounts appropriated 
pursuant to the authorization under this section shall remain available 
until expended.
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