[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 2751 Introduced in Senate (IS)]

113th CONGRESS
  2d Session
                                S. 2751

  To provide payments to States for activities to expand early voting 
 access, provide for an equitable distribution of early voting polling 
 locations, including early voting polling locations on Indian tribal 
  land, and to implement voter registration reforms for elections for 
                Federal office, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 31, 2014

   Mr. Walsh introduced the following bill; which was read twice and 
         referred to the Committee on Rules and Administration

_______________________________________________________________________

                                 A BILL


 
  To provide payments to States for activities to expand early voting 
 access, provide for an equitable distribution of early voting polling 
 locations, including early voting polling locations on Indian tribal 
  land, and to implement voter registration reforms for elections for 
                Federal office, 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.

    This Act may be cited as the ``Rural and Tribal Voter Rights Act''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Chief state election official.--The term ``chief State 
        election official'' means, with respect to a State, the 
        individual designated by the State under section 10 of the 
        National Voter Registration Act of 1993 (42 U.S.C. 1973gg-8) to 
        be responsible for coordination of the State's responsibilities 
        under such Act.
            (2) Commission.--The term ``Commission'' means the Election 
        Assistance Commission established under section 201 of the Help 
        America Vote Act of 2002 (42 U.S.C. 15321).

SEC. 3. PAYMENTS TO STATES FOR ACTIVITIES TO EXPAND EARLY VOTING 
              ACCESS, PROVIDE FOR EQUITABLE DISTRIBUTION OF EARLY 
              VOTING POLLING LOCATIONS, AND VOTER REGISTRATION REFORMS.

    (a) In General.--The Commission shall make a requirements payment 
each fiscal year in an amount determined under subsection (b) to each 
State that the Commission determines meets the requirements described 
in section 4(b).
    (b) Amount of Payment.--
            (1) In general.--Subject to subsection (c), the amount of a 
        payment made to a State for a fiscal year under this section 
        shall be equal to the product of--
                    (A) the total amount appropriated for payments for 
                the fiscal year pursuant to the authorization under 
                subsection (h) minus the total amount of all of the 
                minimum payment amounts determined under subsection 
                (c); and
                    (B) the State allocation percentage for the State 
                (as determined under paragraph (2)).
            (2) State allocation percentage defined.--The ``State 
        allocation percentage'' for a State is the amount (expressed as 
        a percentage) equal to the quotient of--
                    (A) the voting age population of the State (as 
                reported in the most recent decennial census); and
                    (B) the total voting age population of all States 
                (as reported in the most recent decennial census).
    (c) Guaranteed Minimum Payment Amount.--The amount of a payment 
made to a State for a fiscal year under this section may not be less 
than--
            (1) in the case of any of the several States or the 
        District of Columbia, one-half of 1 percent of the total amount 
        appropriated for payments under the authorization under 
        subsection (h) for the fiscal year; or
            (2) in the case of the Commonwealth of Puerto Rico, Guam, 
        American Samoa, or the United States Virgin Islands, one-tenth 
        of 1 percent of such total amount.
    (d) State Receipt of Funds.--A State is eligible to receive a 
payment under this section for a fiscal year if the chief executive 
officer of the State, or designee, in consultation and coordination 
with the chief State election official, has filed with the Commission a 
statement certifying that the State is in compliance with the 
requirements of section 4(b).
    (e) Use of Payment.--
            (1) In general.--A State shall use the funds provided under 
        a payment made under this section to carry out the requirements 
        of this Act, including the following:
                    (A) Training and hiring election officials, poll 
                workers, and election volunteers.
                    (B) Establishing early voting locations.
                    (C) Implementing the State plan described in 
                section 4(b).
                    (D) Acquiring, leasing, improving, modifying, or 
                replacing voting technology to implement the 
                requirements of this Act.
                    (E) Establishing online registration systems.
                    (F) Educating voters about voting opportunities, 
                voter registration, voting procedures, and voting 
                rights.
            (2) Use for other purposes.--Subject to paragraph (3), a 
        State may use the funds provided under a payment made under 
        this section to improve the administration of elections for 
        Federal office if the chief State election official certifies 
        that the requirements of this Act have been met.
            (3) Limitation.--A State may not use any portion of a 
        payment under this section--
                    (A) to pay costs associated with any litigation; or
                    (B) for the payment of any judgment.
    (f) Eligibility.--A State is eligible to receive a payment under 
this section notwithstanding that State legislation is required to 
carry out an activity under this Act and the State legislation has not 
been enacted at the time this Act takes effect.
    (g) Deposit of Amounts in State Election Fund.--A State shall 
deposit any funds provided under this section in the State election 
fund described in section 254(b) of the Help America Vote Act of 2002 
(42 U.S.C. 15404(b)).
    (h) Authorization of Appropriations.--
            (1) In general.--There are authorized to be appropriated to 
        carry out this section such sums as may be necessary to provide 
        grants to States to carry out the requirements of this Act.
            (2) Continuing availability of funds after appropriation.--
        Any payment made to a State under this section shall be 
        available to the State without fiscal year limitation.

SEC. 4. EQUITABLE DISTRIBUTION OF EARLY VOTING POLLING LOCATIONS.

    (a) Tribal Early Voting Locations.--A State or local election 
official shall provide at least one early voting location on tribal 
land when requested by the applicable Tribal government.
    (b) State Early Voting Location Distribution Plan Development.--
            (1) In general.--Each State shall, after reasonable notice 
        and public hearings, adopt and submit to the Commission, not 
        later than the date that is 2 years after the date of enactment 
        of this Act, a plan which provides for the equitable 
        distribution of early voting locations.
            (2) State plan development.--The chief executive officer of 
        each State, or designee, in consultation and coordination with 
        the chief State election official, shall develop the State plan 
        through a committee of appropriate individuals, including the 
        local election officials of the two most populous jurisdictions 
        in the State, other local election officials in the State, 
        stakeholders, and other citizens, appointed for such purpose by 
        the chief State election official.
            (3) State plan requirements.--A State plan shall ensure 
        that eligible voters have adequate access to early voting 
        locations, taking into consideration each of the following:
                    (A) Population density.
                    (B) Travel time to local election offices.
                    (C) Travel time to permanent or temporary early 
                voting locations.
                    (D) The potential use of alternate early voting 
                locations, including public buildings, city and county 
                government buildings, tribal government offices, public 
                libraries, fairgrounds, civic centers, courthouses, 
                senior centers, community centers, and private places 
                of business.
                    (E) The extent to which members of a class 
                protected by section 2(a) of the Voting Rights of Act 
                of 1965 (42 U.S.C. 1973(a)) have an equal opportunity 
                to participate in early voting and have an equal 
                opportunity to access early voting locations.
                    (F) The potential use of temporary early voting 
                locations, including mobile voting systems.
            (4) Revision of state plan.--Each State plan shall provide 
        for revision of the plan from time to time as may be necessary 
        to take account of changes in voter populations.
            (5) Publication by commission.--The Commission shall 
        publish in the Federal Register each State plan submitted to 
        the Commission under this subsection.
            (6) Exemption for states that provide for equitable 
        distribution of early voting locations.--The requirements of 
        this subsection shall not apply to a State that, under State 
        law that is in effect continuously on and after June 1, 2016, 
        provides for the equitable distribution of early voting 
        locations in the State with respect to elections for Federal 
        office (as determined by the Commission).

SEC. 5. EXPANDING EARLY VOTING ACCESS.

    (a) In General.--Each State shall make early voting available to 
any eligible voter for at least ten days before an election for Federal 
office. An eligible voter may cast their early voting ballots in person 
at an early voting location during that 10-day period in the same 
manner as any ballot would be cast in the precinct on election day.
    (b) Effective Date.--Each State shall be required to comply with 
the requirements of this section on and after the date that is one year 
after the date of enactment of this Act.

SEC. 6. DESIGNATION OF CERTAIN FEDERAL FACILITIES AS VOTER REGISTRATION 
              AGENCIES.

    (a) In General.--The Secretary of Veterans Affairs, the Secretary 
of Health and Human Services, the Commissioner of the Social Security 
Administration, the Postmaster General, the Secretary of Agriculture, 
and the Secretary of the Interior shall permit a State to designate 
facilities of the respective agencies located in the State as voter 
registration agencies under section 7 of the National Voter 
Registration Act of 1993 (42 U.S.C. 1973gg-5).
    (b) Activities.--A voter registration agency designated under 
subsection (a) shall carry out the following activities:
            (1) Offer with each application to the agency for service 
        or assistance, and with each recertification, renewal, or 
        change of address form relating to such service or assistance, 
        the mail voter registration application form described in 
        section 9 of the National Voter Registration Act of 1993 (42 
        U.S.C. 1973gg-7(a)(2)) or the agency's own form if it is 
        equivalent to the form described in such section, unless the 
        applicant declines to register to vote or update their voter 
        registration in writing.
            (2) Provide a form that includes the following:
                    (A) The question, ``If you are not registered to 
                vote where you live now, would you like to apply to 
                register to vote here today?''.
                    (B) If the agency provides public assistance, the 
                statement, ``Applying to register or declining to 
                register to vote will not affect the amount of 
                assistance that you will be provided by this agency.''.
                    (C) Boxes for the applicant to check to indicate 
                whether the applicant would like to register or update 
                their registration to vote, or decline to register or 
                update their registration to vote.
            (3) Provide assistance to applicants in completing the 
        voter registration application forms, unless the applicant 
        refuses such assistance in writing.
            (4) Accept completed voter registration application forms 
        for transmittal to the appropriate State or local election 
        official.
    (c) Transmittal.--
            (1) In general.--Subject to paragraph (2), a completed 
        voter registration application accepted at a voter registration 
        agency designated under subsection (a) shall be electronically 
        transmitted, in a format that can be translated and uploaded 
        into the Statewide voter database established pursuant to 
        section 303(a) of the Help America Vote Act of 2002 (42 U.S.C. 
        15483(a)), to the appropriate State or local election official 
        not later than 10 days after the date of acceptance.
            (2) Exception.--If a voter registration application is 
        accepted within 5 days before the last day for registration to 
        vote in an election for Federal office, the application shall 
        be transmitted to the appropriate State or local election 
        official not later than 5 days after the date of acceptance.
            (3) Updated registration.--If an application is an updated 
        voter registration, the voter registration agency shall label 
        the updated registration accordingly.
    (d) Clarification Regarding Application.--The requirements of this 
section shall only apply to a voter registration agency designated 
under subsection (a). Nothing in this section shall affect the 
application of section 7 of the National Voter Registration Act of 1993 
(42 U.S.C. 1973gg-5) to a voter registration agency not designated 
under such subsection.
    (e) Integration With State Electronic Voter Registration Systems.--
The Commission shall implement an online system that, to the extent 
practicable--
            (1) provides an electronic means for a voter registration 
        agency designated under subsection (a) to carry out the 
        requirements of this section;
            (2) transmits a completed voter registration application to 
        the appropriate State or local election official; and
            (3) in the case of an individual registering to vote in a 
        State that operates its own electronic voter registration 
        system, directs an applicant to that system.

SEC. 7. SAME DAY AND ELECTRONIC REGISTRATION.

    (a) Same Day 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 eligible individual on the day of an election 
for Federal office and on any day when voting, including early voting, 
is permitted for an election for Federal office--
            (1) to register to vote in such election using a form that 
        meets the requirements under section 9(b) of the National Voter 
        Registration Act of 1993; and
            (2) to cast a vote in such election.
    (b) Electronic Registration.--
            (1) In general.--Each State shall provide a secure online 
        interface available to the public on a public, government 
        website that allows any eligible individual to register to vote 
        or to update their voter registration with an online voter 
        registration application that meets the requirements of the 
        mail voter registration application form described in section 9 
        of the National Voter Registration Act of 1993 (42 U.S.C. 
        1973gg-7(a)(2)). The online application shall be processed in 
        the same manner as a mail voter registration application form 
        is processed, subject to the requirements of section 303(b) of 
        the Help America Vote Act of 2002 (42 U.S.C. 15483(b)), except 
        that the absence of a written signature shall not preclude the 
        registration of an eligible individual.
            (2) Effective date.--Each State shall be required to comply 
        with the requirements of this subsection on and after the date 
        that is one year after the date of enactment of this Act.
    (c) Eligible Individual.--For purposes of this section, the term 
``eligible individual'' means, with respect to an election for Federal 
office, an individual who is otherwise qualified to vote in that 
election.
    (d) Exception.--This section 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 section, there is no voter registration requirement 
for individuals in the State with respect to elections for Federal 
office.

SEC. 8. ENFORCEMENT.

    (a) Attorney General.--The Attorney General may bring a civil 
action in an appropriate district court for such declaratory or 
injunctive relief as is necessary to carry out this Act.
    (b) Private Right of Action.--
            (1) Notice.--A person who is aggrieved by a violation of 
        this Act may provide written notice of the violation to the 
        chief State election official of the State involved.
            (2) Civil action.--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 bring a civil action 
        in an appropriate district court for declaratory or injunctive 
        relief with respect to the violation.
            (3) Exception to notice if violation within 30 days 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 State election official 
        under paragraph (1) before bringing a civil action under 
        paragraph (2).
    (c) Relation to Other Laws.--
            (1) In general.--The rights and remedies established by 
        this Act are in addition to all other rights and remedies 
        provided by law, and neither the rights and remedies 
        established by this section nor any other provision of this Act 
        shall supersede, restrict, or limit the application of the 
        Voting Rights Act of 1965 (42 U.S.C. 1973 et seq.).
            (2) No authorization or requirement for conduct prohibited 
        by the voting rights act.--Nothing in this Act authorizes or 
        requires conduct that is prohibited by the Voting Rights Act of 
        1965 (42 U.S.C. 1973 et seq.).
                                 <all>