[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 108 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 108

 To protect voting rights and to improve the administration of Federal 
                   elections, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 5, 2011

 Mr. Conyers introduced the following bill; which was referred to the 
   Committee on the Judiciary, and in addition to the Committees on 
Oversight and Government Reform and House Administration, for a period 
    to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

_______________________________________________________________________

                                 A BILL


 
 To protect voting rights and to improve the administration of Federal 
                   elections, 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Voting Opportunity 
and Technology Enhancement Rights Act of 2011''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
               TITLE I--IMPROVING ELECTION ADMINISTRATION

Sec. 101. National Federal write-in absentee ballot.
Sec. 102. Verified ballots; preservation.
Sec. 103. Requirements for counting provisional ballots.
Sec. 104. Minimum requirements for voting systems and poll workers in 
                            polling places.
Sec. 105. Election day registration.
Sec. 106. Integrity of voter registration list.
Sec. 107. Early voting.
Sec. 108. Improvements to voting systems.
Sec. 109. Voter registration.
Sec. 110. Establishing voter identification.
Sec. 111. Impartial administration of elections.
Sec. 112. Strengthening the Election Assistance Commission.
Sec. 113. Additional protections to ensure fair administration of 
                            Federal elections.
Sec. 114. Authorization of appropriations.
Sec. 115. Effective date.
               TITLE II--PROHIBITING DECEPTIVE PRACTICES

Sec. 201. Prohibiting deceptive practices in Federal elections.
Sec. 202. Corrective action.
Sec. 203. Reports to Congress.
Sec. 204. Severability.
Sec. 205. Authorization of appropriations.
                  TITLE III--PROHIBITING VOTER CAGING

Sec. 301. Voter caging and other questionable challenges prohibited.
Sec. 302. Severability.
                   TITLE IV--RESTORING VOTING RIGHTS

Sec. 401. Rights of citizens.
Sec. 402. Enforcement.
Sec. 403. Notification of restoration of voting rights.
Sec. 404. Definitions.
Sec. 405. Relation to other laws.
Sec. 406. Federal prison funds.
Sec. 407. Effective date.
             TITLE V--ELECTION DAY AS LEGAL PUBLIC HOLIDAY

Sec. 501. Treatment of election day in same manner as legal public 
                            holiday for purposes of Federal employment.
Sec. 502. Study by Comptroller General of impact on voter 
                            participation.
Sec. 503. Sense of Congress regarding treatment of day by private 
                            employers.

               TITLE I--IMPROVING ELECTION ADMINISTRATION

SEC. 101. NATIONAL FEDERAL WRITE-IN ABSENTEE BALLOT.

    (a) Requiring States to Accept Ballot.--
            (1) In general.--Title III of the Help America Vote Act of 
        2002 (42 U.S.C. 15481 et seq.) is amended by adding at the end 
        the following new subtitle:

                 ``Subtitle C--Additional Requirements

``SEC. 321. USE OF NATIONAL FEDERAL WRITE-IN ABSENTEE BALLOT.

    ``(a) In General.--Any person who is otherwise qualified to vote in 
a Federal election in a State shall be permitted to use the national 
Federal write-in absentee ballot prescribed by the Commission under 
section 297 to cast a vote in an election for Federal office.
    ``(b) Submission and Processing.--
            ``(1) In general.--Except as otherwise provided in this 
        section, a national Federal write-in absentee ballot shall be 
        submitted and processed in the manner provided under the 
        standards prescribed by the Commission under section 297(b).
            ``(2) Deadline.--An otherwise eligible national Federal 
        write-in absentee ballot shall be counted if postmarked or 
        signed before the close of the polls on election day and 
        received by the appropriate State election official on or 
        before the date which is 10 days after the date of the election 
        or the date provided for receipt of absentee ballots under 
        State law, whichever is later.
    ``(c) Special Rules.--The following rules shall apply with respect 
to national Federal write-in absentee ballots:
            ``(1) In completing the ballot, the voter may designate a 
        candidate by writing in the name of the candidate or by writing 
        in the name of a political party (in which case the ballot 
        shall be counted for the candidate of that political party).
            ``(2) In the case of the offices of President and Vice 
        President, a vote for a named candidate or a vote by writing in 
        the name of a political party shall be counted as a vote for 
        the electors supporting the candidate involved.
            ``(3) Any abbreviation, misspelling, or other minor 
        variation in the form of the name of a candidate or a political 
        party shall be disregarded in determining the validity of the 
        ballot.
    ``(d) Effective Date.--Each State shall be required to comply with 
the requirements of this section on and after January 1, 2013.''.
            (2) Conforming amendment relating to enforcement.--Section 
        401 of the Help America Vote Act of 2002 (42 U.S.C. 15511) is 
        amended by striking ``and 303'' and inserting ``303, and 
        subtitle C''.
            (3) Clerical amendment.--The table of contents of title III 
        of such Act is amended by adding at the end the following:

                 ``Subtitle C--Additional Requirements

``Sec. 321. Use of national Federal write-in absentee ballot.''.
    (b) Guidance and Standards for National Federal Write-In Absentee 
Ballot.--
            (1) In general.--Title II of the Help America Vote Act of 
        2002 (42 U.S.C. 15321 et seq.) is amended by adding at the end 
        the following new subtitle:

                  ``Subtitle E--Guidance and Standards

``SEC. 297. NATIONAL FEDERAL WRITE-IN ABSENTEE BALLOT.

    ``(a) Form of Ballot.--The Commission shall prescribe a national 
Federal write-in absentee ballot (including a secrecy envelope and 
mailing envelope for such ballot) for use in elections for Federal 
office.
    ``(b) Standards.--The Commission shall prescribe standards for--
            ``(1) distributing the national Federal write-in absentee 
        ballot, including standards for distributing such ballot 
        through the Internet; and
            ``(2) processing and submission of the national Federal 
        write-in absentee ballot.''.
            (2) Conforming amendment.--Section 202 of the Help America 
        Vote Act of 2002 (42 U.S.C. 15322) is amended--
                    (A) by redesignating paragraphs (5) and (6) as 
                paragraphs (6) and (7); and
                    (B) by inserting after paragraph (4) the following 
                new paragraph:
            ``(5) carrying out the duties described in subtitle E;''.
            (3) Clerical amendment.--The table of contents for title II 
        of such Act is amended by adding at the end the following:

                  ``Subtitle E--Guidance and Standards

``Sec. 297. National Federal write-in absentee ballot.''.
    (c) Coordination With Uniformed and Overseas Citizens Absentee 
Voting Act.--
            (1) In general.--The Presidential designee under the 
        Uniformed and Overseas Absentee Voting Act, in consultation 
        with the Election Assistance Commission, shall facilitate the 
        use and return of the national Federal write-in ballot 
        prescribed by the Commission under section 297 of the Help 
        America Vote Act of 2002 (as added by subsection (b)(1)) for 
        absent uniformed service voters and overseas voters so that 
        such voters face no greater difficulties in the submission and 
        processing of their ballots than those faced by absentee voters 
        who reside in the United States.
            (2) Definitions.--The terms ``absent uniformed service 
        voter'' and ``overseas voter'' shall have the meanings given 
        such terms by section 107 of the Uniformed and Overseas 
        Citizens Absentee Voting Act (42 U.S.C. 1973gg-6).

SEC. 102. VERIFIED BALLOTS; PRESERVATION.

    (a) Verification.--
            (1) In general.--Section 301(a) of the Help America Vote 
        Act of 2002 (42 U.S.C. 15481(a)) is amended by adding at the 
        end the following new paragraph:
            ``(7) Verified ballots.--In order to meet the requirements 
        of paragraph (1)(A)(i), on and after January 1, 2011:
                    ``(A) The voting system shall provide an 
                independent means of voter verification which meets the 
                requirements of subparagraph (B) and which allows each 
                voter to verify the accuracy of the ballot before it is 
                cast and counted, and to correct any errors before the 
                record of the ballot is produced and preserved under 
                this paragraph and paragraph (2)(B)(iii).
                    ``(B) A means of voter verification meets the 
                requirements of this subparagraph if the voting system 
                allows the voter to choose from one of the following 
                options to verify the voter's vote selection:
                            ``(i) A paper record.
                            ``(ii) An audio record.
                            ``(iii) A pictorial record.
                            ``(iv) An electronic record or other means 
                        that provides for voter verification that is 
                        accessible for individuals with disabilities, 
                        including nonvisual accessibility for the blind 
                        and visually impaired, in a manner that 
                        provides privacy and independence equal to that 
                        provided for other voters.
                    ``(C) Any means of verification described in clause 
                (ii), (iii), or (iv) of subparagraph (B) must provide 
                verification which is equal or superior to verification 
                through the use of a paper record.
                    ``(D) None of the means of verification under this 
                paragraph may employ cryptography in the record.''.
            (2) Conforming amendment.--Clause (i) of section 
        301(a)(1)(A) of such Act (42 U.S.C. 15481(a)(1)(A)(i)) is 
        amended by inserting ``and consistent with the requirements of 
        paragraphs (2), (4), and (7)'' after ``independent manner''.
    (b) Preservation of Records.--Section 301(a)(2)(B)(iii) of such Act 
(42 U.S.C. 15481(a)(2)(B)(iii)) is amended to read as follows:
                            ``(iii) The record produced to meet the 
                        requirements of paragraph (1)(A)(i) and this 
                        paragraph shall be available as an official 
                        record for any audit or recount conducted with 
                        respect to any election in which the system is 
                        used, and shall be preserved after the voter 
                        has verified its accuracy--
                                    ``(I) in the case of a paper 
                                record, within the polling place on the 
                                date of the election in a manner that 
                                ensures the security of the votes as 
                                verified; and
                                    ``(II) in the case of a record 
                                described in clause (ii), (iii), or 
                                (iv) of paragraph (7)(B), through a 
                                method established by the Commission 
                                which provides protection of the record 
                                equal to or superior to the methods 
                                used to preserve paper records.''.
    (c) Guidance.--
            (1) In general.--Subtitle E of title II of such Act, as 
        added by section 101(b)(1), is amended by adding at the end the 
        following new section:

``SEC. 298. VERIFIED BALLOTS.

    ``(a) Standards.--The Commission shall issue uniform and 
nondiscriminatory standards--
            ``(1) for verified ballots required under section 
        301(a)(7); and
            ``(2) for meeting the audit requirements of section 
        301(a)(2).
    ``(b) Audits.--The standards issued under subsection (a) shall 
provide for partial audits of the results of elections using the 
records produced pursuant to section 301(a)(7), and shall provide that 
those records shall be used for the official count of votes in the 
event that the tallies derived from the records differ from the tallies 
otherwise derived from the voting system used in the election 
involved.''.
            (2) Clerical amendment.--The table of contents for subtitle 
        E of title II of such Act, as added by this Act, is amended by 
        adding at the end the following new item:

``Sec. 298. Verified ballots.''.
    (d) Reports.--
            (1) Election assistance commission.--Section 207 of such 
        Act (42 U.S.C. 15327) is amended--
                    (A) by redesignating paragraph (5) as paragraph 
                (6); and
                    (B) by inserting after paragraph (4) the following 
                new paragraph:
            ``(5) A description of the progress on implementing the 
        verified ballot requirements of section 301(a)(7) and the 
        impact of the use of such requirements on the accessibility, 
        privacy, security, usability, and auditability of voting 
        systems.''.
            (2) State reports.--Section 258 of such Act (42 U.S.C. 
        15408) is amended--
                    (A) by striking ``and'' at the end of paragraph 
                (2);
                    (B) by striking the period at the end of paragraph 
                (3) and inserting ``; and''; and
                    (C) by adding at the end the following new 
                paragraph:
            ``(4) an analysis and description in the form and manner 
        prescribed by the Commission of the progress on implementing 
        the verified ballot requirements of section 301(a)(7).''.

SEC. 103. REQUIREMENTS FOR COUNTING PROVISIONAL BALLOTS.

    (a) In General.--Section 302 of the Help America Vote Act of 2002 
(42 U.S.C. 15482) is amended--
            (1) by redesignating subsection (d) as subsection (e); and
            (2) by inserting after subsection (c) the following new 
        subsection:
    ``(d) Statewide Counting of Provisional Ballots.--For purposes of 
subsection (a)(4), notwithstanding at which polling place a provisional 
ballot is cast within the State, the State shall count such ballot if 
the individual who cast such ballot is otherwise eligible to vote in 
the election.''.
    (b) Effective Date.--Section 302(e) of such Act (42 U.S.C. 
15482(e)), as redesignated by subsection (a), is amended to read as 
follows:
    ``(e) Effective Date for Provisional Voting and Voting 
Information.--
            ``(1) In general.--Except as provided in paragraph (2), 
        each State and jurisdiction shall be required to comply with 
        the requirements of this section on and after January 1, 2004.
            ``(2) Statewide counting of provisional ballots.--Each 
        State shall be required to comply with the requirements of 
        subsection (d) on and after January 1, 2013.''.

SEC. 104. MINIMUM REQUIREMENTS FOR VOTING SYSTEMS AND POLL WORKERS IN 
              POLLING PLACES.

    (a) Minimum Requirements.--
            (1) In general.--Subtitle C of title III of the Help 
        America Vote Act of 2002, as added by section 101(a)(1), is 
        amended by adding at the end the following new section:

``SEC. 322. MINIMUM REQUIREMENTS FOR VOTING SYSTEMS AND POLL WORKERS.

    ``(a) In General.--Each State shall provide for the minimum 
required number of functioning and accurate voting systems and poll 
workers required in each precinct on the day of any Federal election 
and on any days during which such State allows early voting for a 
Federal election in accordance with the standards determined under 
section 299A.
    ``(b) Effective Date.--Each State shall be required to comply with 
the requirements of this section on and after January 1, 2013.''.
            (2) Clerical amendment.--The table of contents for subtitle 
        C of title III of such Act, as added by section 101(a)(3), is 
        amended by adding at the end the following new item:

``Sec. 322. Minimum required voting systems and poll workers.''.
    (b) Standards.--
            (1) In general.--Subtitle E of title II of such Act, as 
        added and amended by this Act, is amended by adding at the end 
        the following new section:

``SEC. 299. STANDARDS FOR ESTABLISHING THE MINIMUM REQUIRED VOTING 
              SYSTEMS AND POLL WORKERS.

    ``(a) In General.--The Commission shall issue standards regarding 
the minimum number of voting systems and poll workers required in each 
precinct on the day of any Federal election and on any days during 
which early voting is allowed for a Federal election.
    ``(b) Distribution.--The standards described in subsection (a) 
shall provide for a uniform and nondiscriminatory geographic 
distribution of such systems and workers, based on a ratio of the 
number of systems and workers per voter, taking into account voter 
registration statistics for the precinct, the most recent available 
census data regarding the number of individuals residing within the 
precinct who are eligible to register to vote, and the level of voter 
turnout during previous elections held in the precinct.
    ``(c) Deviation.--The standards described in subsection (a) shall 
permit States, upon providing adequate public notice, to deviate from 
any allocation requirements in the case of unforeseen circumstances 
such as a natural disaster, terrorist attack, or a change in voter 
turnout.''.
            (2) Clerical amendment.--The table of contents for subtitle 
        E of title II of such Act, as added and amended by this Act, is 
        amended by adding at the end the following new item:

``Sec. 299. Standards for establishing the minimum required voting 
                            systems and poll workers.''.

SEC. 105. ELECTION DAY REGISTRATION.

    (a) Requirement.--
            (1) In general.--Subtitle C of title III of the Help 
        America Vote Act of 2002, as added and amended by this Act, is 
        amended by adding at the end the following new section:

``SEC. 323. ELECTION DAY REGISTRATION.

    ``(a) In General.--
            ``(1) Registration.--Notwithstanding section 8(a)(1)(D) of 
        the National Voter Registration Act of 1993 (42 U.S.C. 1973gg-
        6), each State shall permit any individual on the day of a 
        Federal election--
                    ``(A) to register to vote in such election at the 
                polling place using the form established by the 
                Commission pursuant to section 297; and
                    ``(B) to cast a vote in such election.
            ``(2) Exception.--The requirements under paragraph (1) 
        shall not apply to a State in which, under a State law in 
        effect continuously on and after the date of the enactment of 
        this Act, there is no voter registration requirement for 
        individuals in the State with respect to elections for Federal 
        office.
    ``(b) Effective Date.--Each State shall be required to comply with 
the requirements of subsection (a) on and after January 1, 2013.''.
            (2) Clerical amendment.--The table of contents for subtitle 
        C of title III of such Act, as added and amended by this Act, 
        is amended by adding at the end the following new item:

``Sec. 323. Election Day registration.''.
    (b) Election Day Registration Form.--
            (1) In general.--Subtitle E of title II of such Act, as 
        added and amended by this Act, is amended by adding at the end 
        the following new section:

``SEC. 299A. ELECTION DAY REGISTRATION FORM.

    ``The Commission shall develop an election day registration form 
for elections for Federal office.''.
            (2) Clerical amendment.--The table of contents for subtitle 
        E of title II of such Act, as added and amended by this Act, is 
        amended by adding at the end the following new item:

``Sec. 299A. Election Day registration form.''.

SEC. 106. INTEGRITY OF VOTER REGISTRATION LIST.

    (a) In General.--Subtitle C of title III of the Help America Vote 
Act of 2002, as added and amended by this Act, is amended by adding at 
the end the following new section:

``SEC. 324. REMOVAL FROM VOTER REGISTRATION LIST.

    ``(a) Public Notice.--Not later than 45 days before any Federal 
election, each State shall provide public notice of all names which 
have been removed from the voter registration list of such State under 
section 303 since the later of the most recent election for Federal 
office or the day of the most recent previous public notice provided 
under this section.
    ``(b) Notice to Individual Voters.--
            ``(1) In general.--No individual shall be removed from the 
        voter registration list under section 303 unless such 
        individual is first provided with a notice which meets the 
        requirements of paragraph (2).
            ``(2) Requirements of notice.--The notice required under 
        paragraph (1) shall be--
                    ``(A) provided to each voter in a uniform and 
                nondiscriminatory manner;
                    ``(B) consistent with the requirements of the 
                National Voter Registration Act of 1993 (42 U.S.C. 
                1973gg et seq.); and
                    ``(C) in the form and manner prescribed by the 
                Election Assistance Commission.
    ``(c) Effective Date.--Each State shall be required to comply with 
the requirements of this section on and after January 1, 2013.''.
    (b) Clerical Amendment.--The table of contents for subtitle C of 
title III of such Act, as added and amended by this Act, is amended by 
adding at the end the following new item:

``Sec. 324. Removal from voter registration list.''.

SEC. 107. EARLY VOTING.

    (a) Requirements.--
            (1) In general.--Subtitle C of title III of the Help 
        America Vote Act of 2002, as added and amended by this Act, is 
        amended by adding at the end the following new section:

``SEC. 325. EARLY VOTING.

    ``(a) In General.--Each State shall allow individuals to vote in an 
election for Federal office not less than 15 days prior to the day 
scheduled for such election in the same manner as voting is allowed on 
such day.
    ``(b) Minimum Early Voting Requirements.--Each polling place which 
allows voting prior to the day of a Federal election pursuant to 
subsection (a) shall--
            ``(1) allow such voting for no less than 4 hours on each 
        day (other than Sunday); and
            ``(2) have uniform hours each day for which such voting 
        occurs.
    ``(c) Application of Election Day Registration to Early Voting.--A 
State shall permit individuals to register to vote at each polling 
place which allows voting prior to the day of a Federal election 
pursuant to subsection (a) in the same manner as the State is required 
to permit individuals to register to vote and vote on the day of the 
election under section 323.
    ``(d) Effective Date.--Each State shall be required to comply with 
the requirements of this section on and after January 1, 2013.''.
            (2) Clerical amendment.--The table of contents for subtitle 
        C of title III of such Act, as added and amended by this Act, 
        is amended by adding at the end the following new item:

``Sec. 325. Early voting.''.
    (b) Standards for Early Voting.--
            (1) In general.--Subtitle E of title II of the Help America 
        Vote Act of 2002, as added and amended by this Act, is amended 
        by adding at the end the following new section:

``SEC. 299B. STANDARDS FOR EARLY VOTING.

    ``(a) In General.--The Commission shall issue standards for the 
administration of voting prior to the day scheduled for a Federal 
election. Such standards shall include the nondiscriminatory geographic 
placement of polling places at which such voting occurs.
    ``(b) Deviation.--The standards described in subsection (a) shall 
permit States, upon providing adequate public notice, to deviate from 
any requirement in the case of unforeseen circumstances such as a 
natural disaster, terrorist attack, or a change in voter turnout.''.
            (2) Clerical amendment.--The table of contents for subtitle 
        E of title II of such Act, as added and amended by this Act, is 
        amended by adding at the end the following new item:

``Sec. 299B. Standards for early voting.''.

SEC. 108. IMPROVEMENTS TO VOTING SYSTEMS.

    (a) In General.--Section 301(a)(1)(B) of the Help America Vote Act 
of 2002 (42 U.S.C. 15481(a)(1)(B)) is amended by striking ``, a punch 
card voting system, or a central count voting system''.
    (b) Clarification of Requirements for Punch Card Systems.--Section 
301(a)(1)(A) of such Act (42 U.S.C. 15481(a)(1)(A)) is amended by 
striking ``any lever'' and inserting ``any punch card voting system, 
lever''.

SEC. 109. VOTER REGISTRATION.

    (a) In General.--Section 303(b)(4) of the Help America Vote Act of 
2002 (42 U.S.C. 15483(b)(4)) is amended by adding at the end the 
following new subparagraphs:
                    ``(C) Exception.--On and after January 1, 2013--
                            ``(i) in lieu of the questions and 
                        statements required under subparagraph (A), 
                        such mail voter registration form shall include 
                        an affidavit to be signed by the registrant 
                        attesting both to citizenship and age; and
                            ``(ii) subparagraph (B) shall not apply.
                    ``(D) Application to forms developed by states.--
                For purposes of section 6(a)(2) of the National Voter 
                Registration Act of 1993 (42 U.S.C. 1973gg-4(a)(2)), 
                any form developed and used by a State for the 
                registration of voters in elections for Federal office 
                shall not be considered to meet all of the criteria 
                stated in section 9(b) of such Act unless the form 
                meets the requirements of subparagraph (C).''.
    (b) Internet Registration.--
            (1) In general.--Subtitle C of title III of such Act, as 
        added and amended by this Act, is amended by adding at the end 
        the following new section:

``SEC. 326. INTERNET REGISTRATION.

    ``(a) Internet Registration.--Each State shall establish a program 
under which individuals may access and submit voter registration forms 
electronically through the Internet.
    ``(b) Effective Date.--Each State shall be required to comply with 
the requirements of this section on and after January 1, 2013.''.
            (2) Clerical amendment.--The table of contents for subtitle 
        C of title III of such Act, as added and amended by this Act, 
        is amended by adding at the end the following new item:

``Sec. 326. Internet registration.''.
    (c) Standards for Internet Registration.--
            (1) In general.--Subtitle E of such Act, as added and 
        amended by this Act, is amended by adding at the end the 
        following new section:

``SEC. 299C. STANDARDS FOR INTERNET REGISTRATION PROGRAMS.

    ``The Commission shall establish standards regarding the design and 
operation of programs which allow electronic voter registration through 
the Internet.''.
            (2) Clerical amendment.--The table of contents for subtitle 
        E of title II of such Act, as added and amended by this Act, is 
        amended by adding at the end the following new item:

``Sec. 299C. Standards for Internet registration programs.''.

SEC. 110. ESTABLISHING VOTER IDENTIFICATION.

    (a) In General.--
            (1) In person voting.--Section 303(b)(2)(A)(i) of the Help 
        America Vote Act of 2002 (42 U.S.C. 15483(b)(2)(A)(i)) is 
        amended--
                    (A) by striking ``or'' at the end of subclause (I); 
                and
                    (B) by adding at the end the following new 
                subclause:
                                    ``(III) executes a written 
                                affidavit attesting to such 
                                individual's identity; or''.
            (2) Voting by mail.--Section 303(b)(2)(A)(ii) of such Act 
        (42 U.S.C. 15483(b)(2)(A)(ii)) is amended--
                    (A) by striking ``or'' at the end of subclause (I);
                    (B) by striking the period at the end of subclause 
                (II) and inserting ``; or''; and
                    (C) and by adding at the end the following new 
                subclause:
                                    ``(III) a written affidavit, 
                                executed by such individual, attesting 
                                to such individual's identity.''.
    (b) Standards for Verifying Voter Information.--
            (1) In general.--Subtitle E of such Act, as added and 
        amended by this Act, is amended by adding at the end the 
        following new section:

``SEC. 299D. VOTER IDENTIFICATION.

    ``The Commission shall develop standards for verifying the 
identification information required under section 303(a)(5) in 
connection with the registration of an individual to vote in a Federal 
election.''.
            (2) Clerical amendment.--The table of contents for subtitle 
        E of title II of such Act, as added by this Act, is amended by 
        adding at the end the following new item:

``Sec. 299D. Voter identification.''.

SEC. 111. IMPARTIAL ADMINISTRATION OF ELECTIONS.

    (a) Election Administration Requirements.--
            (1) In general.--Subtitle C of title III of the Help 
        America Vote Act of 2002, as added and amended by this Act, is 
        amended by adding at the end the following new section:

``SEC. 327. ELECTION ADMINISTRATION REQUIREMENTS.

    ``(a) Notice of Changes in State Election Laws.--Not later than 15 
days prior to any Federal election, each State shall issue a public 
notice describing all changes in State law affecting the administration 
of Federal elections since the most recent prior election.
    ``(b) Observers.--
            ``(1) In general.--Each State shall allow uniform and 
        nondiscriminatory access to any polling place for purposes of 
        observing a Federal election to--
                    ``(A) voting rights and civil rights organizations; 
                and
                    ``(B) nonpartisan domestic observers and 
                international observers.
            ``(2) Notice of denial of observation request.--Each State 
        shall issue a public notice with respect to any denial of a 
        request by any observer described in paragraph (1) for access 
        to any polling place for purposes of observing a Federal 
        election. Such notice shall be issued not later than 24 hours 
        after such denial.
            ``(3) No interference with election permitted.--Nothing in 
        this subsection may be construed to permit any individual 
        observing a Federal election pursuant to this subsection to 
        engage in campaign activity at a polling place or interfere in 
        any way with the conduct of the election.
    ``(c) Effective Date.--Each State shall be required to comply with 
the requirements of this section on and after January 1, 2013.''.
            (2) Clerical amendment.--The table of contents for subtitle 
        C of title III of such Act, as added and amended by this Act, 
        is amended by adding at the end the following new item:

``Sec. 327. Election administration requirements.''.
    (b) Study of Administration of Elections by Nonpartisan Boards.--
            (1) Study.--The Election Assistance Commission shall 
        conduct a study analyzing the feasibility and desirability of 
        requiring States to carry out the administration of elections 
        for Federal office through nonpartisan election boards.
            (2) Report.--Not later than January 1, 2013, the Commission 
        shall submit a report to Congress and the relevant committees 
        of Congress on the study conducted under paragraph (1).

SEC. 112. STRENGTHENING THE ELECTION ASSISTANCE COMMISSION.

    (a) Budget Requests.--
            (1) In general.--Part 1 of subtitle A of title II of the 
        Help America Vote Act of 2002 (42 U.S.C. 15321 et seq.) is 
        amended by inserting after section 209 the following new 
        section:

``SEC. 209A. SUBMISSION OF BUDGET REQUESTS.

    ``Whenever the Commission submits any budget estimate or request to 
the President or the Office of Management and Budget, it shall 
concurrently transmit a copy of such estimate or request to the 
Congress and to all relevant committees of the House and Senate.''.
            (2) Clerical amendment.--The table of contents for part 1 
        of subtitle A of title II of such Act is amended by inserting 
        after the item relating to section 209 the following new item:

``Sec. 209A. Submission of budget requests.''.
    (b) Exemption From Paperwork Reduction Act.--Section 3502(1) of 
title 44, United States Code, is amended--
            (1) by redesignating subparagraphs (B), (C), and (D) as 
        subparagraphs (C), (D), and (E); and
            (2) by inserting after subparagraph (A) the following new 
        subparagraph:
                    ``(B) the Election Assistance Commission;''.
    (c) Rulemaking.--Section 209 of the Help America Vote Act of 2002 
(42 U.S.C. 15239) is amended--
            (1) by striking ``The Commission'' and inserting the 
        following:
    ``(a) In General.--Except as provided in subsection (b), the 
Commission''; and
            (2) by adding at the end the following new subsection:
    ``(b) Exception.--On and after January 1, 2013, subsection (a) 
shall not apply to any authority granted under subtitle E of this title 
or subtitle C of title III.''.
    (d) NIST Authority.--
            (1) In general.--Subtitle E of title II of the Help America 
        Vote Act of 2002, as added and amended by this Act, is amended 
        by adding at the end the following new section:

``SEC. 299E. TECHNICAL SUPPORT.

    ``At the request of the Commission, the Director of the National 
Institute of Standards and Technology shall provide the Commission with 
technical support necessary for the Commission to carry out its duties 
under this title.''.
            (2) Clerical amendment.--The table of contents for subtitle 
        E of title II of such Act, as added by this Act, is amended by 
        adding at the end the following new item:

``Sec. 299E. Technical support.''.
    (e) Authorization of Appropriations.--Section 210 of the Help 
America Vote Act of 2002 (42 U.S.C. 15330) is amended by striking ``for 
each of the fiscal years 2003 through 2005'' and all that follows and 
inserting the following: ``for the Commission to carry out this title 
the following:
            ``(1) For each of fiscal years 2003 through 2011, 
        $10,000,000.
            ``(2) For fiscal year 2012, $23,000,000, of which 
        $3,000,000 is solely to carry out section 299E.
            ``(3) For fiscal year 2013 and each succeeding fiscal year, 
        such sums as may be necessary.''.

SEC. 113. ADDITIONAL PROTECTIONS TO ENSURE FAIR ADMINISTRATION OF 
              FEDERAL ELECTIONS.

    (a) Requiring Use of Publicly Available Open Source Software in 
Voting Machines.--
            (1) Requiring use of open source software.--
                    (A) In general.--Subtitle C of title III of such 
                Act, as added and amended by this Act, is amended by 
                adding at the end the following new section:

``SEC. 328. REQUIRING USE OF PUBLICLY AVAILABLE OPEN SOURCE SOFTWARE IN 
              VOTING MACHINES.

    ``(a) In General.--Each State shall ensure that each voting machine 
used by the State for elections for Federal office uses open source 
software which may be accessible for inspection by the public, in 
accordance with standards established by the Commission under section 
299G.
    ``(b) Effective Date.--Each State shall be required to comply with 
the requirements of this section on and after January 1, 2013.''.
                    (B) Clerical amendment.--The table of contents for 
                subtitle C of title III of such Act, as added and 
                amended by this Act, is amended by adding at the end 
                the following new item:

``Sec. 328. Requiring use of publicly available open source software in 
                            voting machines.''.
            (2) Establishment of standards.--
                    (A) In general.--Subtitle E of title II of such 
                Act, as added and amended by this Act, is amended by 
                adding at the end the following new section:

``SEC. 299F. STANDARDS FOR PUBLICLY AVAILABLE OPEN SOURCE SOFTWARE IN 
              VOTING MACHINES.

    ``The Commission shall establish standards for the software used in 
voting machines for elections for Federal offices, including standards 
to ensure that all such software is open source software which may be 
accessible for inspection by the public.''.
                    (B) Clerical amendment.--The table of contents for 
                subtitle E of title II of such Act, as added and 
                amended by this Act, is amended by adding at the end 
                the following new item:

``Sec. 299F. Standards for publicly available open source software in 
                            voting machines.''.
    (b) Standards for Conducting Recounts.--
            (1) In general.--Subtitle C of title III of such Act, as 
        added and amended by this Act, is amended by adding at the end 
        the following new section:

``SEC. 329. STANDARDS FOR CONDUCTING RECOUNTS.

    ``In conducting any recount with respect to any election for 
Federal office in the State, the State shall ensure that a vote in the 
election will be counted when the intent of the voter can reasonably be 
determined from the ballot.''.
            (2) Clerical amendment.--The table of contents for subtitle 
        C of title III of such Act, as added and amended by this Act, 
        is amended by adding at the end the following new item:

``Sec. 329. Standards for conducting recounts.''.
    (c) Prohibiting Conflicts of Interest of Entities Involved in 
Manufacture, Distribution, or Other Activities Relating to Voting 
Machines.--
            (1) Prohibiting agreements by states with entities failing 
        to meet anti-conflict of interest standards.--
                    (A) In general.--Subtitle C of title III of such 
                Act, as added and amended by this Act, is amended by 
                adding at the end the following new section:

``SEC. 329A. PROHIBITING AGREEMENTS WITH ENTITIES FAILING TO MEET ANTI-
              CONFLICT OF INTEREST STANDARDS FOR ENTITIES INVOLVED WITH 
              VOTING MACHINES.

    ``(a) In General.--In carrying out an election for Federal office, 
a State may not enter into any agreement with an entity regarding the 
manufacture, distribution, installation, servicing, or other activity 
with respect to a voting machine to be used for the election if the 
entity is not in compliance with the standards established by the 
Commission under section 299G for prohibiting conflicts of interest of 
such entities.
    ``(b) Effective Date.--Each State shall be required to comply with 
the requirements of this section on and after January 1, 2013.''.
                    (B) Clerical amendment.--The table of contents for 
                subtitle C of title III of such Act, as added and 
                amended by this Act, is amended by adding at the end 
                the following new item:

``Sec. 329A. Prohibiting agreement with entities failing to meet anti-
                            conflict of interest standards for entities 
                            involved with voting machines.''.
            (2) Establishment of standards.--
                    (A) In general.--Subtitle E of title II of such 
                Act, as added and amended by this Act, is amended by 
                adding at the end the following new section:

``SEC. 299G. STANDARDS FOR PROHIBITING CONFLICTS OF INTEREST OF 
              ENTITIES INVOLVED IN MANUFACTURE, DISTRIBUTION, OR OTHER 
              ACTIVITIES RELATING TO VOTING MACHINES.

    ``The Commission shall establish standards to prohibit conflicts of 
interest of entities engaged in the manufacture, distribution, 
installation, servicing, or other activities with respect to voting 
machines, including standards to prohibit any such entity from directly 
or indirectly providing any funds or property (including in-kind funds 
and property) to any candidate for public office, any political party, 
any political committee under the Federal Election Campaign Act of 
1971, any organization described in section 527 of the Internal Revenue 
Code of 1986, or any other entity organized for any partisan political 
purpose.''.
                    (B) Clerical amendment.--The table of contents for 
                subtitle E of title II of such Act, as added and 
                amended by this Act, is amended by adding at the end 
                the following new item:

``Sec. 299G. Standards for prohibiting conflicts of interest of 
                            entities involved in manufacture, 
                            distribution, or other activities relating 
                            to voting machines.''.

SEC. 114. AUTHORIZATION OF APPROPRIATIONS.

    Section 257(a) of the Help America Vote Act of 2002 (42 U.S.C. 
15408(a)) is amended by adding at the end the following new paragraphs:
            ``(5) For fiscal year 2012, in addition to the amount 
        authorized under paragraph (4) for the purposes described in 
        such paragraph, $2,000,000,000.
            ``(6) For each fiscal year after 2012, in addition to the 
        amount authorized under paragraph (4) for the purposes 
        described in such paragraph, such sums as are necessary.''.

SEC. 115. EFFECTIVE DATE.

    This title and the amendments made by this title shall take effect 
on January 1, 2012.

               TITLE II--PROHIBITING DECEPTIVE PRACTICES

SEC. 201. PROHIBITING DECEPTIVE PRACTICES IN FEDERAL ELECTIONS.

    (a) Civil Actions.--Section 2004(b) of the Revised Statutes (42 
U.S.C. 1971(b)) is amended--
            (1) by striking ``No person'' and inserting ``(1) 
        Prohibition.--No person'';
            (2) by striking ``any candidate for the office'' and all 
        that follows and inserting ``any candidate in any election for 
        Federal office.''; and
            (3) by adding at the end the following new paragraphs:
            ``(2) False statements regarding federal elections.--
                    ``(A) Prohibition.--No person, whether acting under 
                color of law or otherwise, shall, during the 90-day 
                period which ends on the date of an election for 
                Federal office, by any means, including by means of 
                written, electronic, or telephonic communications, 
                communicate or cause to be communicated information 
                described in subparagraph (B), or produce information 
                described in subparagraph (B), with the intent that 
                such information be communicated, if such information 
                is materially false and if such person--
                            ``(i) knows such information to be false; 
                        and
                            ``(ii) has the intent to mislead voters, or 
                        the intent to impede, hinder, discourage, or 
                        prevent another person from exercising the 
                        right to vote in an election for Federal 
                        office.
                    ``(B) Information described.--Information described 
                in this subparagraph is information regarding--
                            ``(i) the time or place of holding any 
                        election for Federal office; or
                            ``(ii) the qualifications for, or 
                        restrictions on eligibility of, a voter in an 
                        election for Federal office, including--
                                    ``(I) any criminal penalties 
                                associated with voting in any such 
                                election; or
                                    ``(II) information regarding a 
                                voter's registration status or 
                                eligibility.
            ``(3) False statements regarding public endorsements.--
                    ``(A) Prohibition.--During the 90-day period which 
                ends on the date of an election for Federal office, no 
                person, whether acting under color of law or otherwise, 
                shall, by any means, including by means of written, 
                electronic, or telephonic communications, make to the 
                public, or cause to be made to the public, a materially 
                false statement about an endorsement of a specific 
                candidate in such election if such person intends to 
                mislead any voter and knows that the statement is 
                false.
                    ``(B) Definition of materially false statement.--
                For purposes of subparagraph (A), a statement about an 
                endorsement of a candidate in an election for Federal 
                office is a `materially false statement' if--
                            ``(i) the statement states that a 
                        specifically named person (including a 
                        political party or other organization) has 
                        endorsed the candidate in that election;
                            ``(ii) such person has not endorsed the 
                        candidate in that election; and
                            ``(iii) such person does not support any 
                        candidate in that election or such person has 
                        publicly and explicitly stated that the person 
                        supports the election of a different candidate 
                        in that election.
            ``(4) Hindering, interfering with, or preventing voting or 
        registering to vote.--No person, whether acting under color of 
        law or otherwise, shall corruptly hinder, interfere with, or 
        prevent another person from voting, registering to vote, or 
        aiding another person in voting or registering to vote in any 
        election for Federal office.
            ``(5) Election for federal office defined.--In this 
        subsection, the term `election for Federal office' means a 
        general, special, primary, or runoff election held to nominate 
        or elect a candidate for the office of President or Vice 
        President, presidential elector, or of Senator or 
        Representative in, or Delegate or Resident Commissioner to, the 
        Congress.''.
    (b) Private Right of Action.--
            (1) In general.--Section 2004(c) of the Revised Statutes 
        (42 U.S.C. 1971(c)) is amended--
                    (A) by striking ``Whenever any person'' and 
                inserting ``(1) Whenever any person''; and
                    (B) by adding at the end the following new 
                paragraph:
            ``(2) Any person aggrieved by a violation of subsection 
        (b)(2), subsection (b)(3), or subsection (b)(4) may institute a 
        civil action for preventive relief, including an application in 
        a United States district court for a permanent or temporary 
        injunction, restraining order, or other order.''.
            (2) Conforming amendments.--Section 2004 of the Revised 
        Statutes (42 U.S.C. 1971) is amended--
                    (A) in subsection (e), by striking ``subsection 
                (c)'' and inserting ``subsection (c)(1)''; and
                    (B) in subsection (g), by striking ``subsection 
                (c)'' and inserting ``subsection (c)(1)''.
    (c) Criminal Penalties.--
            (1) Increase in penalty for intimidation of voters.--
        Section 594 of title 18, United States Code, is amended by 
        striking ``any candidate for the office'' and all that follows 
        and inserting the following: ``any candidate in any election 
        for Federal office shall be fined under this title, imprisoned 
        not more than 5 years, or both. For purposes of this section, 
        the term `election for Federal office' means a general, 
        special, primary, or runoff election held to nominate or elect 
        a candidate for the office of President or Vice President, 
        presidential elector, or of Senator or Representative in, or 
        Delegate or Resident Commissioner to, the Congress.''.
            (2) False statements regarding federal elections.--
                    (A) In general.--Chapter 29 of title 18, United 
                States Code, is amended by adding at the end the 
                following new section:
``Sec. 612. False statements regarding Federal elections
    ``(a) Prohibition.--It shall be unlawful for any person, whether 
acting under color of law or otherwise, during the 90-day period which 
ends on the date of an election for Federal office, by any means, 
including by means of written, electronic, or telephonic 
communications, to communicate or cause to be communicated materially 
false information described in subsection (b), or produce materially 
false information described in subsection (b) with the intent that such 
information be communicated, if such person--
            ``(1) knows such information to be false; and
            ``(2) has the intent to mislead voters, or the intent to 
        impede, hinder, discourage, or prevent another person from 
        exercising the right to vote, in the election.
    ``(b) Information Described.--Information described in this 
subsection is information regarding--
            ``(1) the time or place of holding any election for Federal 
        office; or
            ``(2) the qualifications for, or restrictions on 
        eligibility of, a voter in an election for Federal office, 
        including--
                    ``(A) any criminal penalties associated with voting 
                in any such election; or
                    ``(B) information regarding a voter's registration 
                status or eligibility.
    ``(c) Attempt.--Any person who attempts to commit any offense 
described in subsection (a) shall be subject to the same penalties as 
those prescribed for the offense that the person attempted to commit.
    ``(d) Penalty.--Any person who violates subsection (a) shall be 
fined under this title, imprisoned not more than 5 years, or both.
    ``(e) Election for Federal Office Defined.--In this section, the 
term `election for Federal office' has the meaning given such term in 
section 594.''.
                    (B) Clerical amendment.--The table of sections for 
                chapter 29 of title 18, United States Code, is amended 
                by adding at the end the following new item:

``612. False statements regarding Federal elections.''.
            (3) Hindering, interfering with, or preventing voting or 
        registering to vote.--
                    (A) In general.--Chapter 29 of title 18, United 
                States Code, as amended by paragraph (2)(A), is further 
                amended by adding at the end the following new section:
``Sec. 613. Hindering, interfering with, or preventing voting or 
              registering to vote
    ``(a) Prohibition.--It shall be unlawful for any person, whether 
acting under color of law or otherwise, to corruptly hinder, interfere 
with, or prevent another person from voting, registering to vote, or 
aiding another person in voting or registering to vote in any election 
for Federal office.
    ``(b) Attempt.--Any person who attempts to commit any offense 
described in subsection (a) shall be subject to the same penalties as 
those prescribed for the offense that the person attempted to commit.
    ``(c) Penalty.--Any person who violates subsection (a) shall be 
fined under this title, imprisoned not more than 5 years, or both.
    ``(d) Election for Federal Office Defined.--In this section, the 
term `election for Federal office' has the meaning given such term in 
section 594.''.
                    (B) Clerical amendment.--The table of sections for 
                chapter 29 of title 18, United States Code, as amended 
                by paragraph (2)(B), is amended by adding at the end 
                the following new item:

``613. Hindering, interfering with, or preventing voting or registering 
                            to vote.''.
            (4) Sentencing guidelines.--
                    (A) Review and amendment.--Not later than 180 days 
                after the date of enactment of this Act, the United 
                States Sentencing Commission, pursuant to its authority 
                under section 994 of title 28, United States Code, and 
                in accordance with this section, shall review and, if 
                appropriate, amend the Federal sentencing guidelines 
                and policy statements applicable to persons convicted 
                of any offense under chapter 29 of title 18, United 
                States Code, to take into account the amendments made 
                by this subsection.
                    (B) Authorization.--The United States Sentencing 
                Commission may, for the purposes of carrying out 
                subparagraph (A), amend the Federal sentencing 
                guidelines in accordance with the procedures set forth 
                in section 21(a) of the Sentencing Act of 1987 (28 
                U.S.C. 994 note) as though the authority under that 
                section had not expired.
    (d) Effective Date.--The amendments made by this section shall 
apply with respect to elections held on or after the date of the 
enactment of this Act, except that no person may be found to have 
violated subsections (b)(2) or (b)(3) of section 2004(b) of the Revised 
Statutes (as added by subsection (a)), section 612 of title 18, United 
States Code (as added by subsection (c)(2)), or section 613 of title 
18, United States Code (as added by subsection (c)(3)) on the basis of 
any act occurring prior to the date of the enactment of this Act.

SEC. 202. CORRECTIVE ACTION.

    (a) In General.--If the Attorney General receives a credible report 
that materially false information regarding an election for Federal 
office has been or is being communicated in violation of section 
2004(b)(2) of the Revised Statutes (as added by section 201(a)), and if 
the Attorney General determines that State and local election officials 
have not taken adequate steps to promptly communicate accurate 
information to correct the materially false information, the Attorney 
General may, in his discretion, communicate to the public, by any 
means, including by means of written, electronic, or telephonic 
communications, accurate information designed to correct such 
materially false information.
    (b) Contents of Corrective Information.--The corrective information 
communicated by the Attorney General under subsection (a) shall be 
accurate and objective, shall not be designed to favor or disfavor any 
particular candidate, organization, or political party, and shall 
consist of only the information necessary to correct the false 
statement that has been or is being communicated.
    (c) Method of Dissemination of Corrective Information.--When 
reasonably possible, any communication of corrective information under 
this section shall be by means that the Attorney General determines 
will reach the persons to whom the false statement has been or is being 
communicated.

SEC. 203. REPORTS TO CONGRESS.

    (a) In General.--Not later than 180 days after each regularly 
scheduled general election for Federal office, the Attorney General 
shall submit to the appropriate committees of Congress a report 
compiling all allegations of violations of section 2004(b)(2) of the 
Revised Statutes (as added by section 201(a)), section 2004(b)(3) of 
the Revised Statutes (as added by section 201(a)), and section 612 of 
title 18, United States Code (as added by section 201(c)(2)) which were 
received by the Attorney General with respect to such election and all 
other previous elections for Federal office which were held after the 
date of the previous regularly scheduled general election for Federal 
office.
    (b) Contents.--
            (1) In general.--Except as provided in paragraph (2), each 
        report submitted under subsection (a) shall include--
                    (A) descriptions of each allegation of a violation, 
                including the geographic location and the racial and 
                ethnic composition, as well as language minority-group 
                membership (if any), of the persons toward whom the 
                alleged violation was directed;
                    (B) the status of the investigation of each such 
                allegation;
                    (C) descriptions of each corrective action taken 
                under section 202(a) in response to such allegations;
                    (D) descriptions of each referral of such an 
                allegation to other Federal, State, or local agencies;
                    (E) descriptions of any civil litigation instituted 
                under subsection (b)(2) or subsection (b)(3) of section 
                2004(b) of the Revised Statutes (as added by section 
                201(a)) in connection with such allegations; and
                    (F) descriptions of any criminal prosecution 
                instituted under section 612 of title 18, United States 
                Code (as added by section 201(c)(2)) in connection with 
                the receipt of such allegations.
            (2) Exception.--The Attorney General shall withhold from 
        the report submitted under subsection (a) any information 
        protected from disclosure by Rule 6(e) of the Federal Rules of 
        Criminal Procedure or any Federal criminal statute, and also 
        may withhold from the report any privileged information, any 
        information concerning ongoing investigations, any information 
        concerning a criminal or civil proceeding conducted under seal, 
        and any other nonpublic information the disclosure of which as 
        determined by the Attorney General could reasonably be expected 
        to infringe on the rights of any individual or adversely affect 
        the integrity of a pending or future criminal investigation.
    (c) Report Made Public.--On the date that the Attorney General 
submits the report required under subsection (a), the Attorney General 
shall also make the report publicly available through the Internet and 
other appropriate means.
    (d) Effective Date.--This section shall apply with respect to the 
regularly scheduled general election for Federal office held in 
November 2012 and each succeeding regularly scheduled general election 
for Federal office.

SEC. 204. SEVERABILITY.

    If any provision of this title or any amendment made by this title, 
or the application of a provision or amendment to any person or 
circumstance, is held to be unconstitutional, the remainder of this 
title and the amendments made by this title, and the application of the 
provisions and amendments to any person or circumstance, shall not be 
affected by the holding.

SEC. 205. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Attorney General 
such sums as may be necessary to carry out this title and the 
amendments made by this title.

                  TITLE III--PROHIBITING VOTER CAGING

SEC. 301. VOTER CAGING AND OTHER QUESTIONABLE CHALLENGES PROHIBITED.

    (a) In General.--Chapter 29 of title 18, United States Code, as 
amended by section 201(a), is amended by adding at the end the 
following:
``Sec. 614. Voter caging and other questionable challenges
    ``(a) Definitions.--In this section--
            ``(1) the term `voter caging document' means--
                    ``(A) a nonforwardable document that is returned to 
                the sender or a third party as undelivered or 
                undeliverable despite an attempt to deliver such 
                document to the address of a registered voter or 
                applicant; or
                    ``(B) any document with instructions to an 
                addressee that the document be returned to the sender 
                or a third party but is not so returned, despite an 
                attempt to deliver such document to the address of a 
                registered voter or applicant, unless at least two 
                Federal election cycles have passed since the date of 
                the attempted delivery;
            ``(2) the term `voter caging list' means a list of 
        individuals compiled from voter caging documents; and
            ``(3) the term `unverified match list' means a list 
        produced by matching the information of registered voters or 
        applicants for voter registration to a list of individuals who 
        are ineligible to vote in the registrar's jurisdiction, by 
        virtue of death, conviction, change of address, or otherwise; 
        unless one of the pieces of information matched includes a 
        signature, photograph, or unique identifying number ensuring 
        that the information from each source refers to the same 
        individual.
    ``(b) Prohibition Against Voter Caging.--No State or local election 
official shall prevent an individual from registering or voting 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, if the basis 
for such decision is evidence consisting of--
            ``(1) a voter caging document or voter caging list;
            ``(2) an unverified match list;
            ``(3) an error or omission on any record or paper relating 
        to any application, registration, or other act requisite to 
        voting, if such error or omission is not material to an 
        individual's eligibility to vote under section 2004 of the 
        Revised Statutes, as amended (42 U.S.C. 1971(a)(2)(B)); or
            ``(4) any other evidence so designated for purposes of this 
        section by the Election Assistance Commission,
except that the election official may use such evidence if it is 
corroborated by independent evidence of the individual's ineligibility 
to register or vote.
    ``(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 that 
        challenge is supported by personal, first-hand knowledge 
        regarding the grounds for ineligibility which is--
                    ``(A) documented in writing; and
                    ``(B) subject to an oath or attestation under 
                penalty of perjury that the individual who is the 
                subject of the challenge is ineligible to register to 
                vote or vote in that election.
            ``(2) Prohibiting challenges based on certain evidence.--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 if the basis for such 
        challenge is evidence consisting of--
                    ``(A) a voter caging document or voter caging list;
                    ``(B) an unverified match list;
                    ``(C) an error or omission on any record or paper 
                relating to any application, registration, or other act 
                requisite to voting, if such error or omission is not 
                material to an individual's eligibility to vote under 
                section 2004 of the Revised Statutes, as amended (42 
                U.S.C. 1971(a)(2)(B)); or
                    ``(D) any other evidence so designated for purposes 
                of this section by the Election Assistance Commission.
    ``(d) Penalties for Knowing Misconduct.--Whoever knowingly 
challenges the eligibility of one or more individuals to register or 
vote or knowingly causes the eligibility of such individuals to be 
challenged in violation of this section with the intent that one or 
more eligible voters be disqualified, shall be fined under this title 
or imprisoned not more than 5 years, or both, for each such violation. 
Each violation shall be a separate offense.
    ``(e) No Effect on Related Laws.--Nothing in this section is 
intended to override the protections of the National Voter Registration 
Act of 1993 (42 U.S.C. 1973gg et seq.) or to affect the Voting Rights 
Act of 1965 (42 U.S.C. 1973 et seq.).''.
    (b) Clerical Amendment.--The table of sections for chapter 29 of 
title 18, United States Code, as amended by section 201(b), is amended 
by adding at the end the following:

``614. Voter caging and other questionable challenges.''.

SEC. 302. SEVERABILITY.

    If any provision of this title or any amendment made by this title, 
or the application of a provision to any person or circumstance, is 
held to be unconstitutional, the remainder of this title and the 
amendments made by this title, and the application of the provisions to 
any person or circumstance, shall not be affected by the holding.

                   TITLE IV--RESTORING VOTING RIGHTS

SEC. 401. RIGHTS OF CITIZENS.

    The right of an individual who is a citizen of the United States to 
vote in any election for Federal office shall not be denied or abridged 
because that individual has been convicted of a criminal offense unless 
such individual is serving a felony sentence in a correctional 
institution or facility at the time of the election.

SEC. 402. ENFORCEMENT.

    (a) Attorney General.--The Attorney General may, in a civil action, 
obtain such declaratory or injunctive relief as is necessary to remedy 
a violation of this title.
    (b) Private Right of Action.--
            (1) Notice to election official.--A person who is aggrieved 
        by a violation of this title may provide written notice of the 
        violation to the chief election official of the State involved.
            (2) Action permitted.--Except as provided in paragraph (3), 
        if the violation is not corrected within 90 days after receipt 
        of a notice under paragraph (1), or within 20 days after 
        receipt of the notice if the violation occurred within 120 days 
        before the date of an election for Federal office, the 
        aggrieved person may, in a civil action obtain declaratory or 
        injunctive relief with respect to the violation.
            (3) Waiver of notice for violations occurring near date of 
        election.--If the violation occurred within 30 days before the 
        date of an election for Federal office, the aggrieved person 
        need not provide notice to the chief election official of the 
        State under paragraph (1) before bringing a civil action to 
        obtain declaratory or injunctive relief with respect to the 
        violation.

SEC. 403. NOTIFICATION OF RESTORATION OF VOTING RIGHTS.

    (a) State Notification.--
            (1) Notification.--On the date determined under paragraph 
        (2), each State shall notify in writing any individual who has 
        been convicted of a criminal offense under the law of that 
        State that such individual has the right to vote in an election 
        for Federal office pursuant to this title and may register to 
        vote in any such election.
            (2) Date of notification.--
                    (A) Felony conviction.--In the case of such an 
                individual who has been convicted of a felony, the 
                notification required under paragraph (1) shall be 
                given on the date on which the individual--
                            (i) is sentenced to serve only a term of 
                        probation; or
                            (ii) is released from the custody of that 
                        State (other than to the custody of another 
                        State or the Federal Government to serve a term 
                        of imprisonment for a felony conviction).
                    (B) Misdemeanor conviction.--In the case of such an 
                individual who has been convicted of a misdemeanor, the 
                notification required under paragraph (1) shall be 
                given on the date on which such individual is 
                sentenced.
    (b) Federal Notification.--
            (1) Notification.--On the date determined under paragraph 
        (2), the Director of the Bureau of Prisons shall notify in 
        writing any individual who has been convicted of a criminal 
        offense under Federal law that such individual has the right to 
        vote in an election for Federal office pursuant to this title 
        and may register to vote in any such election.
            (2) Date of notification.--
                    (A) Felony conviction.--In the case of such an 
                individual who has been convicted of a felony, the 
                notification required under paragraph (1) shall be 
                given on the date on which the individual--
                            (i) is sentenced to serve only a term of 
                        probation by a court established by an Act of 
                        Congress; or
                            (ii) is released from the custody of the 
                        Bureau of Prisons (other than to the custody of 
                        a State to serve a term of imprisonment for a 
                        felony conviction).
                    (B) Misdemeanor conviction.--In the case of such an 
                individual who has been convicted of a misdemeanor, the 
                notification required under paragraph (1) shall be 
                given on the date on which such individual is 
                sentenced.

SEC. 404. DEFINITIONS.

    For purposes of this title:
            (1) Correctional institution or facility.--The term 
        ``correctional institution or facility'' means any prison, 
        penitentiary, jail, or other institution or facility for the 
        confinement of individuals convicted of criminal offenses, 
        whether publicly or privately operated, except that such term 
        does not include any residential community treatment center (or 
        similar public or private facility).
            (2) Election.--The term ``election'' means--
                    (A) a general, special, primary, or runoff 
                election;
                    (B) a convention or caucus of a political party 
                held to nominate a candidate;
                    (C) a primary election held for the selection of 
                delegates to a national nominating convention of a 
                political party; or
                    (D) a primary election held for the expression of a 
                preference for the nomination of persons for election 
                to the office of President.
            (3) Federal office.--The term ``Federal office'' means the 
        office of President or Vice President of the United States, or 
        of Senator or Representative in, or Delegate or Resident 
        Commissioner to, the Congress of the United States.
            (4) Probation.--The term ``probation'' means probation, 
        imposed by a Federal, State, or local court, with or without a 
        condition on the individual involved concerning--
                    (A) the individual's freedom of movement;
                    (B) the payment of damages by the individual;
                    (C) periodic reporting by the individual to an 
                officer of the court; or
                    (D) supervision of the individual by an officer of 
                the court.

SEC. 405. RELATION TO OTHER LAWS.

    (a) State Laws Relating to Voting Rights.--Nothing in this title 
shall be construed to prohibit the States enacting any State law which 
affords the right to vote in any election for Federal office on terms 
less restrictive than those established by this title.
    (b) Certain Federal Acts.--The rights and remedies established by 
this title are in addition to all other rights and remedies provided by 
law, and neither rights and remedies established by this title shall 
supersede, restrict, or limit the application of the Voting Rights Act 
of 1965 (42 U.S.C. 1973 et seq.) or the National Voter Registration Act 
(42 U.S.C. 1973-gg).

SEC. 406. FEDERAL PRISON FUNDS.

    No State, unit of local government, or other person may receive or 
use, to construct or otherwise improve a prison, jail, or other place 
of incarceration, any Federal grant amounts unless that person has in 
effect a program under which each individual incarcerated in that 
person's jurisdiction who is a citizen of the United States is 
notified, upon release from such incarceration, of that individual's 
rights under section 401.

SEC. 407. EFFECTIVE DATE.

    This title shall apply to citizens of the United States voting in 
any election for Federal office held after the date of the enactment of 
this Act.

             TITLE V--ELECTION DAY AS LEGAL PUBLIC HOLIDAY

SEC. 501. TREATMENT OF ELECTION DAY IN SAME MANNER AS LEGAL PUBLIC 
              HOLIDAY FOR PURPOSES OF FEDERAL EMPLOYMENT.

    For purposes of any law relating to Federal employment, the Tuesday 
next after the first Monday in November in 2012 and each even-numbered 
year thereafter shall be treated in the same manner as a legal public 
holiday described in section 6103 of title 5, United States Code.

SEC. 502. STUDY BY COMPTROLLER GENERAL OF IMPACT ON VOTER 
              PARTICIPATION.

    (a) In General.--The Comptroller General shall conduct a study of 
the impact of section 501 on voter participation.
    (b) Report.--Not later than May 1, 2017, the Comptroller General 
shall submit a report to Congress and the President on the results of 
the study conducted under subsection (a).

SEC. 503. SENSE OF CONGRESS REGARDING TREATMENT OF DAY BY PRIVATE 
              EMPLOYERS.

    It is the sense of Congress that private employers in the United 
States should give their employees a day off on the Tuesday next after 
the first Monday in November in 2012 and each even-numbered year 
thereafter to enable the employees to cast votes in the elections held 
on that day.
                                 <all>