[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 528 Introduced in Senate (IS)]
111th CONGRESS
1st Session
S. 528
To prevent voter caging.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 5, 2009
Mr. Whitehouse (for himself, Mr. Leahy, Mrs. Feinstein, Mr. Feingold,
Mr. Nelson of Florida, Mr. Kerry, Mr. Schumer, Mr. Harkin, Mr. Dodd,
Mr. Brown, and Ms. Klobuchar) 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 2009''.
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 either of the following:
(A) Matching--
(i) the identity of registered voters or
applicants for voter registration, with
(ii) 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 process for matching the identities under
this subparagraph establishes beyond a reasonable doubt
that the identities belong to the same individual.
(B) Failing to match--
(i) the identity of registered voters or
applicants for voter registration, with
(ii) the identity of individuals who are
listed in the database of the State motor
vehicle authority or in information provided by
the Commissioner of Social Security under an
agreement under section 205(r)(8) of the Social
Security Act (42 U.S.C. 405(r)(8)).
(b) Conduct by Election Officials Prohibited.--No State or local
election official shall prevent an individual from registering or
voting (including voting by provisional ballot) 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 (including eligibility to
cast a provisional ballot), 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 list match;
(3) the foreclosure status of the individual's residence;
or
(4) information indicating a change of residence, except in
the case of change of residence information obtained in
conformance with section 8(d) of the National Voter
Registration Act of 1993 (42 U.S.C. 1973gg-6(d)).
(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 reason to
believe that the individual who is the subject of the
challenge is ineligible, including a description of the
evidence supporting that belief; 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 list match;
(C) the foreclosure status of the individual's
residence; or
(D) information indicating a change of residence,
except in the case of change of residence information
obtained in conformance with section 8(d) of the
National Voter Registration Act of 1993 (42 U.S.C.
1973gg-6(d)).
(3) Penalties for knowing misconduct.--Whoever, other than
a State or local election official, 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.).
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