[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 2865 Introduced in Senate (IS)]

113th CONGRESS
  2d Session
                                S. 2865

  To amend the National Voter Registration Act of 1993 to provide for 
    voter registration through the Internet, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 18, 2014

 Mrs. Gillibrand (for herself, Mr. Merkley, and Mr. Begich) introduced 
the following bill; which was read twice and referred to the Committee 
                      on Rules and Administration

_______________________________________________________________________

                                 A BILL


 
  To amend the National Voter Registration Act of 1993 to provide for 
    voter registration through the Internet, 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 ``Voter Registration Modernization 
Act''.

SEC. 2. REQUIRING AVAILABILITY OF INTERNET FOR VOTER REGISTRATION.

    (a) Requiring Availability of Internet for Registration.--The 
National Voter Registration Act of 1993 (52 U.S.C. 20501 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)(A) in the case of an individual who has a signature 
        on file with the State motor vehicle authority, the information 
        provided in the application matches the records of such State 
        motor vehicle authority; and
            ``(B) in any other case, the individual provides a 
        signature in electronic form in accordance with subsection (c).
    ``(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) 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.
    ``(e) 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).
    ``(f) Nondiscrimination Among Registered Voters Using Mail and 
Online Registration.--In carrying out this Act, the Help America Vote 
Act of 2002, 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.
    ``(g) Accessibility of Online Registration.--The services provided 
under subsection (a) shall be provided in a manner that is accessible 
to individuals with disabilities, including those that are blind and 
visually impaired, in a manner that provides the same opportunity for 
access and participation (including privacy and independence) as for 
other voters.''.
    (b) 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 (52 U.S.C. 
21083(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''.
    (c) Conforming Amendments.--
            (1) Timing of registration.--Section 8(a)(1) of the 
        National Voter Registration Act of 1993 (52 U.S.C. 20507(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 (52 U.S.C. 20507(a)(5)) 
        is amended by striking ``and 7'' and inserting ``6A, and 7''.

SEC. 3. 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 (52 U.S.C. 21083(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 30 
                        days, or the period provided by State law, 
                        before the date of the election.''.
            (2) Conforming amendment relating to effective date.--
        Section 303(d)(1)(A) of such Act (52 U.S.C. 21083(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 (52 U.S.C. 20507(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''; 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,''.

SEC. 4. STUDY ON BEST PRACTICES FOR INTERNET REGISTRATION.

    (a) In General.--The Director of the National Institute of 
Standards and Technology shall conduct an ongoing study on best 
practices for implementing the requirements for Internet registration 
under section 6A of the National Voter Registration Act of 1993 (as 
added by section 2) and the requirement to permit voters to update 
voter registration information online under section 303(a)(6) of the 
Help America Vote Act of 2002 (as added by section 3) in a fully 
accessible manner.
    (b) Report.--
            (1) In general.--Not later than 4 months after the date of 
        the enactment of this Act, the Director of the National 
        Institute of Standards and Technology shall make publicly 
        available a report on the study conducted under subsection (a).
            (2) Quadrennial update.--The Director of the National 
        Institute of Standards and Technology shall review and update 
        the report made under paragraph (1).
    (c) Use of Best Practices in EAC Voluntary Guidance.--Subsection 
(a) of section 311 of the Help America Vote Act of 2002 (52 U.S.C. 
21101(a)) is amended by adding at the end the following new sentence: 
``Such voluntary guidance shall utilize the best practices developed by 
the Director of the National Institute of Standards and Technology 
under section 4 of the Voter Registration Modernization Act for the use 
of the Internet in voter registration.''.

SEC. 5. PROVISION OF ELECTION INFORMATION BY ELECTRONIC MAIL TO 
              INDIVIDUALS REGISTERED TO VOTE.

    (a) Including Option on Voter Registration Application To Provide 
E-Mail Address and Receive Information.--
            (1) In general.--Section 9(b) of the National Voter 
        Registration Act of 1993 (52 U.S.C. 20508(b)) is amended--
                    (A) by striking ``and'' at the end of paragraph 
                (3);
                    (B) by striking the period at the end of paragraph 
                (4) and inserting ``; and''; and
                    (C) by adding at the end the following new 
                paragraph:
            ``(5) shall include a space for the applicant to provide 
        (at the applicant's option) an electronic mail address, 
        together with a statement that, if the applicant so requests, 
        instead of using regular mail the appropriate State and local 
        election officials shall provide to the applicant, through 
        electronic mail sent to that address, the same voting 
        information (as defined in section 302(b)(2) of the Help 
        America Vote Act of 2002) which the officials would provide to 
        the applicant through regular mail.''.
            (2) Prohibiting use for purposes unrelated to official 
        duties of election officials.--Section 9 of such Act (52 U.S.C. 
        20508) is amended by adding at the end the following new 
        subsection:
    ``(c) Prohibiting Use of Electronic Mail Addresses for Other Than 
Official Purposes.--The chief State election official shall ensure that 
any electronic mail address provided by an applicant under subsection 
(b)(5) is used only for purposes of carrying out official duties of 
election officials and is not transmitted by any State or local 
election official (or any agent of such an official, including a 
contractor) to any person who does not require the address to carry out 
such official duties and who is not under the direct supervision and 
control of a State or local election official.''.
    (b) Requiring Provision of Information by Election Officials.--
Section 302(b) of the Help America Vote Act of 2002 (52 U.S.C. 
21082(b)) is amended by adding at the end the following new paragraph:
            ``(3) Provision of other information by electronic mail.--
        If an individual who is a registered voter has provided the 
        State or local election official with an electronic mail 
        address for the purpose of receiving voting information (as 
        described in section 9(b)(5) of the National Voter Registration 
        Act of 1993), the appropriate State or local election official, 
        through electronic mail transmitted not later than 30 days 
        before the date of the election involved, shall provide the 
        individual with information on how to obtain the following 
        information by electronic means:
                    ``(A) The name and address of the polling place at 
                which the individual is assigned to vote in the 
                election.
                    ``(B) The hours of operation for the polling place.
                    ``(C) A description of any identification or other 
                information the individual may be required to present 
                at the polling place.''.

SEC. 6. CLARIFICATION OF REQUIREMENT REGARDING NECESSARY INFORMATION TO 
              SHOW ELIGIBILITY TO VOTE.

    Section 8 of the National Voter Registration Act of 1993 (52 U.S.C. 
20507) is amended--
            (1) by redesignating subsection (j) as subsection (k); and
            (2) by inserting after subsection (i) the following new 
        subsection:
    ``(j) Requirement for State To Register Applicants Providing 
Necessary Information To Show Eligibility To Vote.--For purposes 
meeting the requirement of subsection (a)(1) that an eligible applicant 
is registered to vote in an election for Federal office within the 
deadlines required under such subsection, the State shall consider an 
applicant to have provided a `valid voter registration form' if--
            ``(1) the applicant has accurately completed the 
        application form and attested to the statement required by 
        section 9(b)(2); and
            ``(2) in the case of an applicant who registers to vote 
        online in accordance with section 6A, the applicant provides a 
        signature in accordance with subsection (c) of such section.''.

SEC. 7. IMPLEMENTATION PAYMENTS.

    (a) In General.--The Election Assistance Commission shall make an 
implementation payment each year in an amount determined under 
subsection (c) to each State.
    (b) Use of Funds.--
            (1) In general.--Except as provided in paragraph (2), a 
        State receiving a payment under subsection (a) shall use the 
        payment only to meet the requirements of this Act.
            (2) Other activities.--A State may use implementation 
        payments to carry out other activities to improve the 
        administration of elections for Federal office if the State 
        certifies to the Commission that--
                    (A) the State has implemented the requirements of 
                this Act; and
                    (B) the amount expended with respect to such other 
                activities does not exceed the an amount equal to the 
                minimum payment amount applicable to the State under 
                subsection (c)(3).
            (3) Limitation.--Rules similar to the rules of section 
        251(f) of the Help America Vote Act of 2002 (52 U.S.C. 
        21001(f)) shall apply for purposes of this section.
    (c) Allocation of Funds.--
            (1) In general.--Subject to paragraph (3), the amount of an 
        implementation payment made to a State for any year shall be 
        equal to--
                    (A) the total amount appropriated for 
                implementation payments for the year pursuant to the 
                authorization under subsection (d); and
                    (B) the State allocation percentage for the State.
            (2) State allocation percentage.--The term ``State 
        allocation percentage'' has the same meaning as given such term 
        under section 252(b) of the Help America Vote Act of 2002 (52 
        U.S.C. 21002(b)).
            (3) Minimum amount of payment; other rules.--Rules similar 
        to the rules of subsections (c), (d), and (e) of section 252 of 
        such Act (52 U.S.C. 21002) shall apply for purposes of this 
        subsection.
    (d) Authorization of Appropriations.--
            (1) In general.--There are authorized to be appropriated 
        for implementation payments under this section $15,000,000 for 
        fiscal year 2015.
            (2) Availability.--Any amounts appropriated pursuant to the 
        authority of paragraph (1) shall remain available without 
        fiscal year limitation until expended.
    (e) Reports.--Not later than April 1, 2017, each State which 
received an implementation payment under this section shall submit a 
report to the Commission on the activities conducted with funds 
provided under this section.

SEC. 8. EFFECTIVE DATE.

    (a) In General.--Except as provided in subsection (b), the 
amendments made by this Act (other than the amendments made by section 
5) shall take effect January 1, 2016.
    (b) Waiver.--If a State certifies to the Election Assistance 
Commission not later than January 1, 2016, that the State will not meet 
the deadline referred to in subsection (a) for good cause and includes 
in the certification the reasons for the failure to meet such deadline, 
subsection (a) shall apply to the State as if the reference in such 
subsection to ``January 1, 2016'' were a reference to ``January 1, 
2018''.
                                 <all>