[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 289 Introduced in House (IH)]

113th CONGRESS
  1st Session
                                H. R. 289

To amend the National Voter Registration Act of 1993 to modernize State 
 voting systems by allowing for increased use of the Internet in voter 
                 registration, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 15, 2013

  Mr. Moran introduced the following bill; which was referred to the 
                   Committee on House Administration

_______________________________________________________________________

                                 A BILL


 
To amend the National Voter Registration Act of 1993 to modernize State 
 voting systems by allowing for increased use of the Internet in voter 
                 registration, 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 ``Value Our Time 
Elections Act'' or the ``VOTE Act''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
                TITLE I--PROMOTING INTERNET REGISTRATION

Sec. 101. Requiring availability of Internet for voter registration.
Sec. 102. Use of Internet to update registration information.
        TITLE II--AUTOMATED REGISTRATION OF CERTAIN INDIVIDUALS

Sec. 201. Automated voter registration.
Sec. 202. List maintenance, privacy, and security.
Sec. 203. Promoting accuracy of Statewide voter registration lists.
Sec. 204. Definitions.
        TITLE III--SHORTENING VOTER WAIT TIMES AND EARLY VOTING

Sec. 301. Equitable allocation of voting systems, poll workers, and 
                            election resources.
Sec. 302. Early voting.
Sec. 303. Conforming amendment to enforcement provision.
                      TITLE IV--GENERAL PROVISIONS

Sec. 401. Effective date.

                TITLE I--PROMOTING INTERNET REGISTRATION

SEC. 101. REQUIRING AVAILABILITY OF INTERNET FOR VOTER REGISTRATION.

    (a) Requiring Availability of Internet for Registration.--The 
National Voter Registration Act of 1993 (42 U.S.C. 1973gg et seq.) is 
amended by inserting after section 6 the following new section:

``SEC. 6A. INTERNET REGISTRATION.

    ``(a) Requiring Availability of Internet for Online Registration.--
            ``(1) Availability of online registration.--Each State, 
        acting through the chief State election official, shall ensure 
        that the following services are available to the public at any 
        time on the official public websites of the appropriate State 
        and local election officials in the State, in the same manner 
        and subject to the same terms and conditions as the services 
        provided by voter registration agencies under section 7(a):
                    ``(A) Online application for voter registration.
                    ``(B) Online assistance to applicants in applying 
                to register to vote.
                    ``(C) Online completion and submission by 
                applicants of the mail voter registration application 
                form prescribed by the Election Assistance Commission 
                pursuant to section 9(a)(2), including assistance with 
                providing a signature in electronic form as required 
                under subsection (c).
                    ``(D) Online receipt of completed voter 
                registration applications.
    ``(b) Acceptance of Completed Applications.--A State shall accept 
an online voter registration application provided by an individual 
under this section, and ensure that the individual is registered to 
vote in the State, if--
            ``(1) the individual meets the same voter registration 
        requirements applicable to individuals who register to vote by 
        mail in accordance with section 6(a)(1) using the mail voter 
        registration application form prescribed by the Election 
        Assistance Commission pursuant to section 9(a)(2); and
            ``(2) the individual provides a signature in electronic 
        form in accordance with subsection (c) (but only in the case of 
        applications submitted during or after the second year in which 
        this section is in effect in the State).
    ``(c) Signatures in Electronic Form.--For purposes of this section, 
an individual provides a signature in electronic form by--
            ``(1) executing a computerized mark in the signature field 
        on an online voter registration application; or
            ``(2) submitting with the application an electronic copy of 
        the individual's handwritten signature through electronic 
        means.
    ``(d) Confirmation and Disposition.--
            ``(1) Confirmation of receipt.--Upon the online submission 
        of a completed voter registration application by an individual 
        under this section, the appropriate State or local election 
        official shall send the individual a notice confirming the 
        State's receipt of the application and providing instructions 
        on how the individual may check the status of the application.
            ``(2) Notice of disposition.--As soon as the appropriate 
        State or local election official has approved or rejected an 
        application submitted by an individual under this section, the 
        official shall send the individual a notice of the disposition 
        of the application.
            ``(3) Method of notification.--The appropriate State or 
        local election official shall send the notices required under 
        this subsection by regular mail, and, in the case of an 
        individual who has requested that the State provide voter 
        registration and voting information through electronic mail, by 
        both electronic mail and regular mail.
    ``(e) Provision of Services in Nonpartisan Manner.--The services 
made available under subsection (a) shall be provided in a manner that 
ensures that, consistent with section 7(a)(5)--
            ``(1) the online application does not seek to influence an 
        applicant's political preference or party registration; and
            ``(2) there is no display on the website promoting any 
        political preference or party allegiance, except that nothing 
        in this paragraph may be construed to prohibit an applicant 
        from registering to vote as a member of a political party.
    ``(f) Protection of Security of Information.--In meeting the 
requirements of this section, the State shall establish appropriate 
technological security measures to prevent to the greatest extent 
practicable any unauthorized access to information provided by 
individuals using the services made available under subsection (a).
    ``(g) Use of Additional Telephone-Based System.--A State shall make 
the services made available online under subsection (a) available 
through the use of an automated telephone-based system, subject to the 
same terms and conditions applicable under this section to the services 
made available online, in addition to making the services available 
online in accordance with the requirements of this section.
    ``(h) Nondiscrimination Among Registered Voters Using Mail and 
Online Registration.--In carrying out this Act, the Help America Vote 
Act of 2002 (42 U.S.C. 15301 et seq.), or any other Federal, State, or 
local law governing the treatment of registered voters in the State or 
the administration of elections for public office in the State, a State 
shall treat a registered voter who registered to vote online in 
accordance with this section in the same manner as the State treats a 
registered voter who registered to vote by mail.''.
    (b) Special Requirements for Individuals Using Online 
Registration.--
            (1) Treatment as individuals registering to vote by mail 
        for purposes of first-time voter identification requirements.--
        Section 303(b)(1)(A) of the Help America Vote Act of 2002 (42 
        U.S.C. 15483(b)(1)(A)) is amended by striking ``by mail'' and 
        inserting ``by mail or online under section 6A of the National 
        Voter Registration Act of 1993''.
            (2) Requiring signature for first-time voters in 
        jurisdiction.--Section 303(b) of such Act (42 U.S.C. 15483(b)) 
        is amended--
                    (A) by redesignating paragraph (5) as paragraph 
                (6); and
                    (B) by inserting after paragraph (4) the following 
                new paragraph:
            ``(5) Signature requirements for first-time voters using 
        online registration.--
                    ``(A) In general.--A State shall, in a uniform and 
                nondiscriminatory manner, require an individual to meet 
                the requirements of subparagraph (B) if--
                            ``(i) the individual registered to vote in 
                        the State online under section 6A of the 
                        National Voter Registration Act of 1993; and
                            ``(ii) the individual has not previously 
                        voted in an election for Federal office in the 
                        State.
                    ``(B) Requirements.--An individual meets the 
                requirements of this subparagraph if--
                            ``(i) in the case of an individual who 
                        votes in person, the individual provides the 
                        appropriate State or local election official 
                        with a handwritten signature; or
                            ``(ii) in the case of an individual who 
                        votes by mail, the individual submits with the 
                        ballot a handwritten signature.
                    ``(C) Inapplicability.--Subparagraph (A) does not 
                apply in the case of an individual who is--
                            ``(i) entitled to vote by absentee ballot 
                        under the Uniformed and Overseas Citizens 
                        Absentee Voting Act (42 U.S.C. 1973ff-1 et 
                        seq.);
                            ``(ii) provided the right to vote otherwise 
                        than in person under section 3(b)(2)(B)(ii) of 
                        the Voting Accessibility for the Elderly and 
                        Handicapped Act (42 U.S.C. 1973ee-
                        1(b)(2)(B)(ii)); or
                            ``(iii) entitled to vote otherwise than in 
                        person under any other Federal law.''.
            (3) Conforming amendment relating to effective date.--
        Section 303(d)(2)(A) of such Act (42 U.S.C. 15483(d)(2)(A)) is 
        amended by striking ``Each State'' and inserting ``Except as 
        provided in subsection (b)(5), each State''.
    (c) Conforming Amendments.--
            (1) Timing of registration.--Section 8(a)(1) of the 
        National Voter Registration Act of 1993 (42 U.S.C. 1973gg-
        6(a)(1)) is amended--
                    (A) by striking ``and'' at the end of subparagraph 
                (C);
                    (B) by redesignating subparagraph (D) as 
                subparagraph (E); and
                    (C) by inserting after subparagraph (C) the 
                following new subparagraph:
                    ``(D) in the case of online registration through 
                the official public website of an election official 
                under section 6A, if the valid voter registration 
                application is submitted online not later than the 
                lesser of 30 days, or the period provided by State law, 
                before the date of the election (as determined by 
                treating the date on which the application is sent 
                electronically as the date on which it is submitted); 
                and''.
            (2) Informing applicants of eligibility requirements and 
        penalties.--Section 8(a)(5) of such Act (42 U.S.C. 1973gg-
        6(a)(5)) is amended by striking ``and 7'' and inserting ``6A, 
        and 7''.

SEC. 102. USE OF INTERNET TO UPDATE REGISTRATION INFORMATION.

    (a) In General.--
            (1) Updates to information contained on computerized 
        statewide voter registration list.--Section 303(a) of the Help 
        America Vote Act of 2002 (42 U.S.C. 15483(a)) is amended by 
        adding at the end the following new paragraph:
            ``(6) Use of internet by registered voters to update 
        information.--
                    ``(A) In general.--The appropriate State or local 
                election official shall ensure that any registered 
                voter on the computerized list may at any time update 
                the voter's registration information, including the 
                voter's address and electronic mail address, online 
                through the official public website of the election 
                official responsible for the maintenance of the list, 
                so long as the voter attests to the contents of the 
                update by providing a signature in electronic form in 
                the same manner required under section 6A(c) of the 
                National Voter Registration Act of 1993.
                    ``(B) Processing of updated information by election 
                officials.--If a registered voter updates registration 
                information under subparagraph (A), the appropriate 
                State or local election official shall--
                            ``(i) revise any information on the 
                        computerized list to reflect the update made by 
                        the voter; and
                            ``(ii) if the updated registration 
                        information affects the voter's eligibility to 
                        vote in an election for Federal office, ensure 
                        that the information is processed with respect 
                        to the election if the voter updates the 
                        information not later than the lesser of 7 
                        days, or the period provided by State law, 
                        before the date of the election.
                    ``(C) Confirmation and disposition.--
                            ``(i) Confirmation of receipt.--Upon the 
                        online submission of updated registration 
                        information by an individual under this 
                        paragraph, the appropriate State or local 
                        election official shall send the individual a 
                        notice confirming the State's receipt of the 
                        updated information and providing instructions 
                        on how the individual may check the status of 
                        the update.
                            ``(ii) Notice of disposition.--As soon as 
                        the appropriate State or local election 
                        official has accepted or rejected updated 
                        information submitted by an individual under 
                        this paragraph, the official shall send the 
                        individual a notice of the disposition of the 
                        update.
                            ``(iii) Method of notification.--The 
                        appropriate State or local election official 
                        shall send the notices required under this 
                        subparagraph by regular mail, and, in the case 
                        of an individual who has requested that the 
                        State provide voter registration and voting 
                        information through electronic mail, by both 
                        electronic mail and regular mail.''.
            (2) Conforming amendment relating to effective date.--
        Section 303(d)(1)(A) of such Act (42 U.S.C. 15483(d)(1)(A)) is 
        amended by striking ``subparagraph (B)'' and inserting 
        ``subparagraph (B) and subsection (a)(6)''.
    (b) Ability of Registrant To Use Online Update To Provide 
Information on Residence.--Section 8(d)(2)(A) of the National Voter 
Registration Act of 1993 (42 U.S.C. 1973gg-6(d)(2)(A)) is amended--
            (1) in the first sentence, by inserting after ``return the 
        card'' the following: ``or update the registrant's information 
        on the computerized Statewide voter registration list using the 
        online method provided under section 303(a)(6) of the Help 
        America Vote Act of 2002 (42 U.S.C. 15483(a)(6))''; and
            (2) in the second sentence, by striking ``returned,'' and 
        inserting the following: ``returned or if the registrant does 
        not update the registrant's information on the computerized 
        Statewide voter registration list using such online method,''.

        TITLE II--AUTOMATED REGISTRATION OF CERTAIN INDIVIDUALS

SEC. 201. AUTOMATED VOTER REGISTRATION.

    (a) Collection of Information by Source Agencies.--
            (1) Duties of source agencies.--Each source agency in a 
        State (as defined in subsection (e)) shall, with each 
        application for services or assistance by an individual, and 
        with each recertification, renewal, or change of address 
        relating to such services or assistance--
                    (A) notify each such individual of the substantive 
                qualifications of an elector in the State, using 
                language approved by the State's chief election 
                official;
                    (B) notify each such individual that there is an 
                opportunity to be registered to vote or update voter 
                registration, but that voter registration is voluntary, 
                and that neither registering nor declining to register 
                to vote will in any way affect the availability of 
                services or benefits, nor be used for other purposes;
                    (C) require that each such individual indicate, 
                after considering the substantive qualification of an 
                elector in the State, whether or not the person wishes 
                to be registered;
                    (D) ensure that each such individual's transaction 
                with the agency cannot be completed until the 
                individual has indicated whether he or she wishes to 
                register to vote; and
                    (E) for each such individual who consents to using 
                the individual's records with the source agency to 
                enable the individual to register to vote under this 
                section, collect a signed affirmation of eligibility to 
                register to vote in the State.
            (2) No effect on right to decline voter registration.--
        Nothing in this subtitle shall be construed to interfere with 
        the right of any person to decline to be registered to vote for 
        any reason.
    (b) Transfer of Information on Individuals Consenting to Voter 
Registration.--
            (1) Transfer.--For each individual who notifies the source 
        agency that the individual consents to voter registration under 
        this section, the source agency shall transfer to the chief 
        State election official of the State the following data, to the 
        extent the data is available to the source agency:
                    (A) The given name or names and surname or 
                surnames.
                    (B) Date of birth.
                    (C) Residential address.
                    (D) Mailing address.
                    (E) Signature, in electronic form.
                    (F) Date of the last change to the information.
                    (G) The motor vehicle driver's license number.
                    (H) The last four digits of the Social Security 
                number.
            (2) Timing of transfer.--The source agency shall transfer 
        the data described in paragraph (1) to the chief State election 
        official on a daily basis.
            (3) Format.--The data transferred under paragraph (1) shall 
        be transferred in a format compatible with the Statewide 
        computerized voter registration list under section 303 of the 
        Help America Vote Act of 2002 (42 U.S.C. 15483).
            (4) Prohibiting storage of information.--Any information 
        collected by the source agency under this section with respect 
        to an individual who consents to register to vote under this 
        section may not be stored by the source agency in any form 
        after the information is transferred to the chief State 
        election official under paragraph (1).
    (c) Registration of Individuals by Chief State Election Official.--
            (1) Comparison with statewide voter registration list.--
        Upon receiving information from a source agency with respect to 
        an individual under subsection (b), the chief State election 
        official shall determine whether the individual is included in 
        the computerized Statewide voter registration list established 
        and maintained under section 303 of the Help America Vote Act 
        of 2002 (42 U.S.C. 15483).
            (2) Registration of individuals not on statewide list.--If 
        an individual for whom information is received from a source 
        agency under subsection (b) is eligible to vote in elections 
        for Federal office in the State and is not on the computerized 
        Statewide voter registration list, the chief State election 
        official shall--
                    (A) ensure that the individual is registered to 
                vote in such elections not later than 5 days after 
                receiving the information, without regard to whether or 
                not the information provided by the source agency 
                includes the individual's signature;
                    (B) update the Statewide computerized voter 
                registration list to include the individual; and
                    (C) notify the individual that the individual is 
                registered to vote in elections for Federal office in 
                the State.
            (3) Treatment of information incorrectly provided.--If a 
        source agency provides the chief State election official with 
        information with respect to an individual who did not consent 
        to be registered to vote under this section, the chief State 
        election official shall not take any action to register the 
        individual to vote, except that no such individual who is 
        already included on the computerized Statewide voter 
        registration list shall be removed from the list solely because 
        the information was incorrectly provided under subsection (b).
            (4) No effect on other means of registration.--Nothing in 
        this section affects a State's obligation to register voters 
        upon receipt of a valid voter registration application through 
        means provided by National Voter Registration Act of 1993 (42 
        U.S.C. 1973gg et seq.), the Internet registration procedure 
        described in section 101, or other valid means.
            (5) Individuals in existing records.--No later than January 
        2015, each individual who is listed in a source agency's 
        records and for whom there exists reason to believe the 
        individual is a citizen and not otherwise ineligible to vote 
        shall be mailed a postage pre-paid return postcard including a 
        box for the individual to check, together with the statement 
        (in close proximity to the box and in prominent type), ``By 
        checking this box, I affirm that I am a citizen of the United 
        States, am eligible to vote in this State, and will be at least 
        eighteen years old by the next general election. I understand 
        that by checking this box, I will be registered to vote if I am 
        eligible to vote in the State.'', along with a clear 
        description of the voting eligibility requirements in the 
        State. The postcard shall also include, where required for 
        voter registration, a place for the individual's signature and 
        designation of party affiliation. An individual who checks the 
        box and returns the completed postcard postmarked not later 
        than the lesser of the fifteenth day before an election for 
        Federal office, or the period provided by State law, shall be 
        registered to vote in that election.
    (d) Options for State To Require Special Treatment of Individuals 
Registered Automatically.--
            (1) Treatment as individuals registering to vote by mail 
        for purposes of first-time voter identification requirements.--
        Section 303(b)(1)(A) of the Help America Vote Act of 2002 (42 
        U.S.C. 15483(b)(1)(A)), as amended by section 101(b)(1), is 
        amended by striking ``of 1993'' and inserting ``of 1993 or (at 
        the option of the State) was registered automatically under 
        section 102 of the Voting Line Reduction and Online 
        Registration Act''.
            (2) Requiring signature.--Section 303(b) of such Act (42 
        U.S.C. 15483(b)), as amended by section 101(b)(2), is amended--
                    (A) by redesignating paragraph (6) as paragraph 
                (7); and
                    (B) by inserting after paragraph (5) the following 
                new paragraph:
            ``(6) Option for state to require signature requirements 
        for first-time voters registered automatically.--
                    ``(A) In general.--A State may, in a uniform and 
                nondiscriminatory manner, require an individual to meet 
                the requirements of subparagraph (B) if--
                            ``(i) the individual was registered to vote 
                        in the State automatically under section 101 of 
                        the Voting Line Reduction and Online 
                        Registration Act; and
                            ``(ii) the individual has not previously 
                        voted in an election for Federal office in the 
                        State.
                    ``(B) Requirements.--An individual meets the 
                requirements of this subparagraph if--
                            ``(i) in the case of an individual who 
                        votes in person, the individual provides the 
                        appropriate State or local election official 
                        with a handwritten signature; or
                            ``(ii) in the case of an individual who 
                        votes by mail, the individual submits with the 
                        ballot a handwritten signature.
                    ``(C) Inapplicability.--Subparagraph (A) does not 
                apply in the case of an individual who is--
                            ``(i) entitled to vote by absentee ballot 
                        under the Uniformed and Overseas Citizens 
                        Absentee Voting Act (42 U.S.C. 1973ff-1 et 
                        seq.);
                            ``(ii) provided the right to vote otherwise 
                        than in person under section 3(b)(2)(B)(ii) of 
                        the Voting Accessibility for the Elderly and 
                        Handicapped Act (42 U.S.C. 1973ee-
                        1(b)(2)(B)(ii)); or
                            ``(iii) entitled to vote otherwise than in 
                        person under any other Federal law.''.
            (3) Conforming amendment relating to effective date.--
        Section 303(d)(2)(A) of such Act (42 U.S.C. 15483(d)(2)(A)), as 
        amended by section 101(b)(3), is amended by striking 
        ``subsection (b)(5)'' and inserting ``subsections (b)(5) and 
        (b)(6)''.
    (e) Source Agencies Described.--
            (1) In general.--With respect to any State, a ``source 
        agency'' is--
                    (A) each State office which is described in 
                paragraph (2); and
                    (B) each Federal office which is described in 
                paragraph (3) which is located in the State, except 
                that such office shall be a source agency only with 
                respect to individuals who are residents of the State 
                in which the office is located.
            (2) State offices described.--
                    (A) In general.--The State offices described in 
                this paragraph are as follows:
                            (i) The State motor vehicle authority.
                            (ii) Each office in the State which is 
                        designated as a voter registration agency in a 
                        State pursuant to section 7(a) of the National 
                        Voter Registration Act of 1993 (42 U.S.C. 
                        1973gg-5(a)).
                            (iii) Each State agency that administers a 
                        program providing assistance pursuant to 
                        pursuant to title III of the Social Security 
                        Act (42 U.S.C. 501 et seq.).
                            (iv) Each State agency primarily 
                        responsible for maintaining identifying 
                        information for students enrolled at public 
                        secondary schools in the State, including, 
                        where applicable, the State agency responsible 
                        for maintaining the education data system 
                        described in section 6401(e)(2) of the America 
                        COMPETES Act (20 U.S.C. 9871(e)(2)).
                            (v) In the case of a State in which an 
                        individual disenfranchised by a criminal 
                        conviction may become eligible to vote upon 
                        completion of criminal sentence or any part 
                        thereof, or upon formal restoration of rights, 
                        the State agency responsible for administering 
                        that sentence, or part thereof, or that 
                        restoration of rights.
                            (vi) In the case of a State in which an 
                        individual disenfranchised by adjudication of 
                        mental incompetence or similar condition 
                        becomes eligible to register to vote upon the 
                        restoration of competence or similar condition, 
                        each State agency responsible for determining 
                        when competence or a similar condition is met.
                            (vii) Such other office which may be 
                        designated as a source agency by the chief 
                        State election official of the State.
                    (B) Criteria for designation of additional source 
                agencies.--In designating offices of the State as 
                source agencies for purposes of subparagraph (A)(vii), 
                the chief State election official shall give priority 
                on the basis of the following criteria:
                            (i) The extent to which individuals 
                        receiving services or assistance from the 
                        office are likely to be individuals who are 
                        eligible to register to vote in elections for 
                        Federal office in the State but who are not 
                        registered to vote in such elections.
                            (ii) The accuracy of the office's records 
                        with respect to identifying information 
                        (including age, citizenship status, and 
                        residency) for individuals receiving services 
                        or assistance from the office.
                            (iii) The cost-effectiveness of obtaining 
                        such identifying information and transmitting 
                        the information to the chief State election 
                        official.
                            (iv) The extent to which the designation of 
                        the office as a voter registration agency will 
                        promote the registration of eligible 
                        individuals to vote in elections for Federal 
                        office in the State and the accuracy of the 
                        State's Statewide computerized voter 
                        registration list under the Help America Vote 
                        Act of 2002 (42 U.S.C. 15301 et seq.).
            (3) Federal offices described.--The Federal offices 
        described in this paragraph are as follows:
                    (A) Armed Forces recruitment offices.
                    (B) The United States Immigration and Customs 
                Enforcement Bureau, but only with respect to 
                individuals who complete the naturalization process.
                    (C) The Social Security Administration.
                    (D) The Administrative Office of the United States 
                Courts, the Federal Bureau of Prisons, and the United 
                States Probation Service, but only with respect to 
                individuals completing terms of prison, sentences, 
                probation, or parole.
                    (E) The Department of Veterans Affairs, but only 
                with respect to individuals applying for or using 
                health care services or services for homeless 
                individuals.
                    (F) The Defense Manpower Data Center of the 
                Department of Defense.
                    (G) The Indian Health Services of the Department of 
                Health and Human Services.
                    (H) The Center for Medicare and Medicaid Services 
                of the Department of Health and Human Services.
                    (I) Any other Federal office which is designated by 
                a State (with the consent of the President) as a source 
                agency with respect to the State.

SEC. 202. LIST MAINTENANCE, PRIVACY, AND SECURITY.

    (a) Database Management Standards.--
            (1) Database matching standards.--The chief State election 
        official of each State shall establish standards governing the 
        comparison of data on the Statewide computerized voter 
        registration list under section 303 of the Help America Vote 
        Act of 2002 (42 U.S.C. 15483), the data provided by various 
        source agencies under section 201, and relevant data from other 
        sources, including the specific data elements and data matching 
        rules to be used for purposes of determining--
                    (A) whether a data record from any source agency 
                represents the same individual as a record in another 
                source agency or on the statewide list;
                    (B) whether a data record from any source agency 
                represents an individual already registered to vote in 
                the State;
                    (C) whether two data records in the statewide 
                computerized voter registration list represent 
                duplicate records for the same individual;
                    (D) whether a data record supplied by any list 
                maintenance source represents an individual already 
                registered to vote in the State; and
                    (E) which information will be treated as more 
                current and reliable when data records from multiple 
                sources present information for the same individual.
            (2) Standards for determining ineligibility.--The chief 
        State election official of a State shall establish uniform and 
        non-discriminatory standards describing the specific conditions 
        under which an individual will be determined for list 
        maintenance purposes to be ineligible to vote in an election 
        for Federal office in the State.
    (b) Privacy and Security Standards.--
            (1) Privacy and security policy.--The chief State election 
        official of a State shall publish and enforce a privacy and 
        security policy specifying each class of users who shall have 
        authorized access to the computerized Statewide voter 
        registration list, specifying for each such class the 
        permission and levels of access to be granted, and setting 
        forth other safeguards to protect the privacy and security of 
        the information on the list. Such policy shall include security 
        safeguards to protect personal information in the data transfer 
        process under section 201, the online or telephone interface, 
        the maintenance of the voter registration database, and audit 
        procedure to track individual access to the system.
            (2) No unauthorized access.--The chief State election 
        official of a State shall establish policies and enforcement 
        procedures to prevent unauthorized access to or use of the 
        computerized statewide voter registration list, any list or 
        other information provided by a source agency under section 
        201, or any maintenance source for the list. Nothing in this 
        paragraph shall be construed to prohibit access to information 
        required for purposes of voter registration, election 
        administration, and the enforcement of election laws.
            (3) Inter-agency transfers.--
                    (A) In general.--The chief State election official 
                of a State shall establish policies and enforcement 
                procedures to maintain security during inter-agency 
                transfers of information required or permitted under 
                this title. Each State agency and third party 
                participating in such inter-agency transfers of 
                information shall facilitate and comply with such 
                policies. Nothing in this subparagraph shall prevent a 
                source agency under section 201 from establishing and 
                enforcing additional security measures to protect the 
                confidentiality and integrity of inter-agency data 
                transfers. No State or local election official shall 
                transfer or facilitate the transfer of information from 
                the computerized statewide voter registration list to 
                any source agency under section 201.
                    (B) Transmission through secure third parties 
                permitted.--Nothing in this section shall be construed 
                to prevent a source agency under section 201 from 
                contracting with a third party to assist in the 
                transmission of data to a chief State election 
                official, so long as the data transmission complies 
                with the applicable requirements of this title, 
                including the privacy and security provisions of this 
                section.
            (4) Records retention.--The chief State election official 
        of a State shall establish standards and procedures to maintain 
        all election records required for purposes of this title, 
        including for the purpose of determining the eligibility of 
        persons casting provisional ballots under section 302 of the 
        Help America Vote Act of 2002 (42 U.S.C. 15482). Records for 
        individuals who have been retained on the computerized 
        statewide voter registration list under section 301 of such Act 
        (42 U.S.C. 15481) but identified as ineligible to vote in an 
        election for Federal office within the State, or removed from 
        the list due to ineligibility, shall be maintained and kept 
        available until at least the date of the second general 
        election for Federal office that occurs after the date that the 
        individual was identified as ineligible.
    (c) Publication of Standards.--The chief State election official of 
a State shall publish on the official's website the standards 
established under this section, and shall make those standards 
available in written form upon public request.
    (d) Protection of Source Information.--The identity of the specific 
source agency through which an individual consented to register to vote 
under section 201 shall not be disclosed to the public and shall not be 
retained after the individual is added to the computerized statewide 
voter registration list.
    (e) Confidentiality of Personal Information.--The chief State 
election official of a State shall establish policies and enforcement 
procedures to ensure that personal information provided by source 
agencies or otherwise transmitted under this section is kept 
confidential and is available only to authorized users. For purposes of 
these policies and procedures, the term ``personal information'' means, 
with respect to an individual any of the following:
            (1) Any portion of a Social Security number.
            (2) Any portion of a vehicle driver's license number or 
        State identification card number.
            (3) A signature.
            (4) A personal residence and contact information (in the 
        case of an individuals with respect to whom such information is 
        required to be maintained as confidential under State law).
            (5) Sensitive information relating to any individual in a 
        category designated as confidential by Federal or State law, 
        including a victim of domestic violence or stalking, a 
        prosecutor and member of law enforcement personnel, and a 
        participant in a witness protection program.
            (6) A phone number.
            (7) An email address.
            (8) Citizenship status.
            (9) Such other information as the chief State election 
        official may designate as confidential to the extent reasonably 
        necessary to prevent identity theft or impersonation, except 
        that the chief State election official may not designate as 
        confidential under this subparagraph the name, address, or date 
        of registration of an individual, or, where applicable, the 
        self-identified racial or ethnic category of the individual as 
        applicable under Revisions to OMB Directive Number 15 or 
        successor directives.
    (f) Protections Against Liability of Individuals on Basis of 
Information Transferred.--
            (1) No individual liability for registration of ineligible 
        individual.--If an individual who is not eligible to register 
        to vote in elections for Federal office is registered to vote 
        in such elections by a chief State election official under 
        section 201, the individual shall not be subject to any 
        penalty, including the imposition of a fine or term of 
        imprisonment, adverse treatment in any immigration or 
        naturalization proceeding, or the denial of any status under 
        immigration laws, under any law prohibiting an individual who 
        is not eligible to register to vote in elections for Federal 
        office from registering to vote in such elections. Nothing in 
        this paragraph shall be construed to waive the liability of any 
        individual who knowingly provides false information to any 
        person regarding the individual's eligibility to register to 
        vote or vote in elections for Federal office.
            (2) Prohibiting use of information by officials.--No person 
        acting under color of law may use the information received by 
        the chief State election official under section 201 to attempt 
        to determine the citizenship status of any individual for 
        immigration enforcement, criminal law enforcement (other than 
        enforcement of election laws), or any purpose other than voter 
        registration, election administration, or the enforcement of 
        election laws.
    (g) Prohibition on Transfer of Information Irrelevant to 
Administration of Elections.--No source agency shall transmit any 
information under section 201 which is irrelevant to the administration 
of elections. To the extent that an election official receives any 
information which is accidentally or inadvertently transferred by a 
source agency under such section, the official shall immediately delete 
the information from the official's records.
    (h) Restriction on Use of Information.--No information relating to 
an individual's absence from the statewide voter registration list 
under section 303 of the Help America Vote Act of 2002 (42 U.S.C. 
15483) or an individual's declination to supply information for voter 
registration purposes to a source agency under section 201 may be 
disclosed to the public for immigration enforcement, criminal law 
enforcement other than enforcement of laws against election crimes, or 
used for any purpose other than voter registration, election 
administration, or the enforcement of election laws.
    (i) Nondiscrimination.--No person acting under color of law may 
discriminate against any individual on the basis of the individual's 
absence from the statewide voter registration list, the information 
supplied by the individual for voter registration purpose to a source 
agency under section 201, or the individual's declination to supply 
such information, except as required for purposes of voter 
registration, election administration, and the enforcement of election 
laws.
    (j) Prohibition on the Use of Voter Registration Information for 
Commercial or Non-Governmental Purposes.--Voter registration 
information collected under this title shall not be used for commercial 
purposes including for comparison with any existing commercial list or 
database.
    (k) Penalty.--Whoever knowingly uses information or permits 
information to be used in violation of this section shall be imprisoned 
for not more than 1 year, fined under title 18, United States Code, or 
both.
    (l) Exclusion From Lists of Individuals Declining Registration.--
The chief State election official of a State shall ensure that, with 
respect to any individual who declines the opportunity to register to 
vote under section 201, the individual's information is not included on 
the computerized Statewide voter registration list under section 303 of 
the Help America Vote Act of 2002 (42 U.S.C. 15483) and is not provided 
to any third party (except to the extent required under another Federal 
or State law). Nothing in this subsection shall be construed to 
preclude an individual who has previously declined the opportunity to 
register to vote from subsequently registering to vote.

SEC. 203. PROMOTING ACCURACY OF STATEWIDE VOTER REGISTRATION LISTS.

    (a) Deadlines for Transmittal of Change of Address or Other 
Identifying Information.--
            (1) Information received by state motor vehicle 
        authority.--Section 5(d) of the National Voter Registration Act 
        of 1993 (42 U.S.C. 1973gg-3(d)) is amended to read as follows:
    ``(d) Automatic Transmittal of Change of Address or Other 
Identifying Information.--Not later than 24 hours after receiving a 
change of address form or any other information indicating that 
identifying information with respect to an individual which is included 
in the records of the State motor vehicle authority has been changed, 
the State motor vehicle authority shall transmit such form or other 
information to the chief State election official, unless--
            ``(1) the records of the authority include information 
        indicating that the individual is not eligible to register to 
        vote in the State; or
            ``(2) the individual states on the form or otherwise 
        indicates that the change of address or other information is 
        not for voter registration purposes.''.
            (2) Information received by other voter registration 
        agencies.--Section 7 of such Act (42 U.S.C. 1973gg-5) is 
        amended by adding at the end the following new subsection:
    ``(e) Automatic Transmittal of Change of Address or Other 
Identifying Information.--Not later than 24 hours after receiving a 
change of address form or any other information indicating that 
identifying information with respect to an individual which is included 
in the records of a voter registration agency designated under this 
section has been changed, the appropriate official of such agency shall 
transmit such form or other information to the chief State election 
official, unless--
            ``(1) the records of the agency include information 
        indicating that the individual is not eligible to register to 
        vote in the State; or
            ``(2) the individual states on the form or otherwise 
        indicates that the change of address or other information is 
        not for voter registration purposes.''.
            (3) Information received from source agencies.--Not later 
        than 24 hours after receiving a change of address form or any 
        other information indicating that identifying information with 
        respect to an individual which is included in the records of a 
        source agency designated under section 201 has been changed, 
        the appropriate official of such agency shall transmit such 
        form or other information to the chief State election official, 
        unless--
                    (A) the records of the agency include information 
                indicating that the individual is not eligible to 
                register to vote in the State; or
                    (B) the individual states on the form or otherwise 
                indicates that the change of address or other 
                information is not for voter registration purposes.
    (b) Revision of Statewide Computerized List To Reflect Revised 
Information.--Section 303(a) of the Help America Vote Act of 2002 (42 
U.S.C. 15483(a)), as amended by section 102(a), is amended by adding at 
the end the following new paragraph:
            ``(7) Revision of list to reflect information received from 
        other state offices.--
                    ``(A) In general.--If a State motor vehicle 
                authority (pursuant to section 5(d) of the National 
                Voter Registration Act of 1993 (42 U.S.C. 1973gg-3(d))) 
                a voter registration agency (designated under section 7 
                of such Act (42 U.S.C. 1973gg-5)), or a source agency 
                (designated under section 201 of the Voting Line 
                Reduction and Online Registration Act) transmits to the 
                chief State election official a change of address form 
                or any other information indicating that identifying 
                information with respect to an individual has been 
                changed, the appropriate State or local election 
                official shall--
                            ``(i) determine whether the individual 
                        appears on the computerized list established 
                        under this section; and
                            ``(ii) if the individual appears on the 
                        list, revise the information relating to the 
                        individual on the list to reflect the 
                        individual's new address or other changed 
                        identifying information.
                    ``(B) Notification to voters.--If an election 
                official revises any voter registration information on 
                the computerized list with respect to any voter 
                (including removing the voter from the list), 
                immediately after revising the information, the 
                official shall send the individual a written notice of 
                the revision which includes the following information:
                            ``(i) The voter's name, date of birth, and 
                        address, as reflected in the revised 
                        information on the computerized list.
                            ``(ii) A statement that the voter's voter 
                        registration information has been updated.
                            ``(iii) Information on how to correct 
                        information on the computerized list.
                            ``(iv) A statement of the eligibility 
                        requirements for registered voters in the 
                        State.
                            ``(v) A statement (in larger font size than 
                        the other statements on the notice) that it is 
                        illegal for an individual who does not meet the 
                        eligibility requirements for registered voters 
                        in the State to vote in an election in the 
                        State.
                            ``(vi) A statement that the voter may 
                        terminate the voter's status as a registered 
                        voter in the State, or request a change in the 
                        voter's voter registration information, at any 
                        time by contacting the appropriate State or 
                        local election official, together with contact 
                        information for such official (including any 
                        website through which the voter may contact the 
                        official or obtain information on voter 
                        registration in the State).
                    ``(C) Use of electronic mail.--If an election 
                official has an electronic mail address for any voter 
                to whom the official is required to send a written 
                notice under this paragraph, the official may meet the 
                requirements of this paragraph by sending the notice to 
                the voter in electronic form at that address, but only 
                if prior to sending the notice, the official sends a 
                test electronic mail to the voter at that address and 
                receives confirmation that the address is current and 
                valid.''.
    (c) Effective Date.--The amendments made by this section shall 
apply with respect to elections occurring during 2014 or any succeeding 
year.

SEC. 204. DEFINITIONS.

    (a) Chief State Election Official.--In this title, 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.
    (b) State.--In this title, the term ``State'' includes the District 
of Columbia, the Commonwealth of Puerto Rico, the United States Virgin 
Islands, Guam, and American Samoa, but does not include any 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.

        TITLE III--SHORTENING VOTER WAIT TIMES AND EARLY VOTING

SEC. 301. EQUITABLE ALLOCATION OF VOTING SYSTEMS, POLL WORKERS, AND 
              ELECTION RESOURCES.

    (a) 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. MINIMUM REQUIRED VOTING SYSTEMS AND POLL WORKERS.

    ``(a) In General.--Each State shall provide for the minimum 
required number of voting systems, poll workers, and other election 
resources (including all other physical resources) for each voting site 
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 subsection (c).
    ``(b) Voting Site.--For purposes of this section, the term `voting 
site' means a polling location, except that in the case of any polling 
location which serves more than 1 precinct, such term shall mean a 
precinct.
    ``(c) Guidance and Standards.--
            ``(1) In general.--Not later than January 1, 2014, the 
        Commission shall conduct a study and then issue standards that 
        establish a minimum number of voting systems, poll workers, and 
        other election resources (including all other physical 
        resources) for each voting site on the day of any Federal 
        election and on any days during which early voting is allowed 
        for a Federal election.
            ``(2) Distribution.--
                    ``(A) In general.--The standards described in 
                paragraph (1) shall provide for a uniform and 
                nondiscriminatory distribution of such systems, 
                workers, and other resources, and, to the extent 
                possible, shall take into account, among other factors, 
                the following:
                            ``(i) The voting age population.
                            ``(ii) Voter turnout in past elections.
                            ``(iii) The number of voters registered.
                            ``(iv) The number of voters who have 
                        registered since the most recent Federal 
                        election.
                            ``(v) Census data for the population served 
                        by such voting site.
                            ``(vi) The educational levels and socio-
                        economic factors of the population served by 
                        such voting site.
                            ``(vii) The needs and numbers of voters 
                        with disabilities and voters with limited 
                        English proficiency.
                            ``(viii) The type of voting systems used.
                    ``(B) No factor dispositive.--The standards shall 
                provide that the distribution of such systems should 
                take into account the totality of all relevant factors, 
                and no single factor shall be dispositive under the 
                standards.
                    ``(C) Purpose.--To the extent possible, the 
                standards shall provide for a distribution of voting 
                systems, poll workers, and other election resources 
                with the goals of--
                            ``(i) ensuring a fair and equitable waiting 
                        time for all voters in the State; and
                            ``(ii) preventing a waiting time of over 1 
                        hour at any voting site.
            ``(3) Deviation.--The standards described in paragraph (1) 
        shall permit States, upon giving reasonable public notice, to 
        deviate from any allocation requirements in the case of 
        unforeseen circumstances such as a natural disaster or 
        terrorist attack.

``SEC. 322. ALLOCATION OF ELECTION RESOURCES.

    ``(a) State Plans To Prevent Unreasonable Voter Waiting Times.--
            ``(1) In general.--Not later than 60 days before each 
        election for Federal office, each State shall submit a written 
        plan to the Commission describing the measures it is 
        implementing to ensure, to the greatest extent possible, an 
        equitable waiting time for all voters in the State, and a 
        waiting time of less than 1 hour at any polling place in the 
        election.
            ``(2) Publication.--Not later than 30 days after receiving 
        a State plan under paragraph (1), the Commission shall make the 
        plan available to the public.
    ``(b) Remedial Plans for States With Excessive Voter Wait Times.--
            ``(1) Compliance with state remedial plans.--
                    ``(A) Remedial plans.--Each jurisdiction for which 
                the Commission determines that a substantial number of 
                voters waited more than 90 minutes to cast a vote in an 
                election for Federal office, or in which there were 
                substantial violations of the standards established 
                under section 321(c) with respect to an election for 
                Federal office, shall comply with a State remedial plan 
                established by the Commission to provide for the 
                effective allocation of resources to administer 
                elections held in the State and to reduce the waiting 
                time of voters.
                    ``(B) Coordination with attorney general and 
                states.--Each remedial plan established by the 
                Commission shall provide for coordination between the 
                Commission, the Attorney General, and the State 
                involved to monitor the compliance of the State with 
                the remedial plan during the period leading up to the 
                election and on the date of the election and to respond 
                to serious delays in the ability of voters to cast 
                their ballots at polling places.
            ``(2) Jurisdiction defined.--For purposes of this 
        paragraph, the term `jurisdiction' has the meaning given the 
        term `registrar's jurisdiction' in section 8(j) of the National 
        Voter Registration Act of 1993 (42 U.S.C. 1973gg-6(j)).
    ``(c) Emergency Ballots.--
            ``(1) In general.--In the event of a failure of voting 
        equipment or other circumstance at a polling place that causes 
        an unreasonable delay, any individual who is waiting at the 
        polling place to cast a ballot in an election for Federal 
        office at the time of the failure shall be advised immediately 
        of the individuals right to use an emergency paper ballot, and 
        upon request shall be provided with an emergency paper ballot 
        for the election and the supplies necessary to mark the ballot.
            ``(2) Disposition of ballot.--Any emergency paper ballot 
        which is cast by an individual under this subsection shall be 
        counted in the same manner as a regular ballot, unless the 
        individual casting the ballot would have otherwise been 
        required to cast a provisional ballot in the absence of the 
        delay, in which case that ballot shall be treated in the same 
        manner as a provisional ballot.''.
    (b) Clerical Amendments.--The table of contents of such Act is 
amended by adding at the end of the items relating to title III the 
following:

                 ``Subtitle C--Additional Requirements

``Sec. 321. Minimum required voting systems and poll workers.
``Sec. 322. Allocation of election resources.''.

SEC. 302. EARLY VOTING.

    (a) Requirements.--Subtitle C of title III of the Help America Vote 
Act of 2002, as added by section 301, is amended by adding at the end 
the following new section:

``SEC. 323. EARLY VOTING.

    ``(a) In General.--During the 7-day period (or, at the option of 
the State, a longer period) which ends on the date of an election for 
Federal office, each State shall allow individuals to vote in the 
election in the same manner as voting is allowed on the date of such 
election.
    ``(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 minimum uniform hours each day for which such 
        voting occurs.
    ``(c) Standards for Early Voting.--
            ``(1) Standards.--
                    ``(A) In general.--The Commission shall issue 
                standards for the administration of voting prior to the 
                day scheduled for a Federal election.
                    ``(B) Standards for polling places.--Such standards 
                shall include the nondiscriminatory geographic 
                placement of polling places at which such voting occurs 
                and the public listing of the date, time, and location 
                of polling places no earlier than 10 days before the 
                date on which such voting begins.
                    ``(C) Consultation.--Such standards shall be 
                developed in consultation with civil rights, voting 
                rights, and voting protection organizations, State and 
                local election officials, and other interested members 
                of the community.
            ``(2) Deviation.--The standards described in paragraph (1) 
        shall permit States, upon giving reasonable public notice, to 
        deviate from any requirement in the case of unforeseen 
        circumstances such as a natural disaster or a terrorist 
        attack.''.
    (b) Clerical Amendment.--The table of contents of such Act, as 
amended by section 301, is amended by adding at the end of the items 
relating to subtitle C of title III the following:

``Sec. 323. Early voting.''.

SEC. 303. CONFORMING AMENDMENT TO ENFORCEMENT PROVISION.

    Section 401 of the Help America Vote Act of 2002 (42 U.S.C. 15511) 
is amended by striking ``sections 301, 302, and 303'' and inserting 
``subtitles A and C of title III''.

                      TITLE IV--GENERAL PROVISIONS

SEC. 401. EFFECTIVE DATE.

    (a) In General.--Except as provided in subsection (b) and section 
203(c), the amendments made by this Act shall take effect on January 1, 
2014.
    (b) Waiver.--Subject to the approval of the Election Assistance 
Commission, if a State certifies to the Election Assistance Commission 
that the State will not meet the deadline referred to in subsection (a) 
because of extraordinary circumstances and includes in the 
certification the reasons for the failure to meet the deadline, 
subsection (a) shall apply to the State as if the reference in such 
subsection to ``January 1, 2014'' were a reference to ``January 1, 
2016''.
                                 <all>