I 111th CONGRESS 2d Session H. R. 4449 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.

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.

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.

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.

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.

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.