[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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