[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 3252 Introduced in Senate (IS)]

<DOC>






114th CONGRESS
  2d Session
                                S. 3252

To require States to automatically register eligible voters to vote in 
         elections for Federal office, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 14, 2016

 Mr. Leahy (for himself, Ms. Klobuchar, and Mr. Durbin) introduced the 
 following bill; which was read twice and referred to the Committee on 
                        Rules and Administration

_______________________________________________________________________

                                 A BILL


 
To require States to automatically register eligible voters to vote in 
         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; FINDINGS AND PURPOSE.

    (a) Short Title.--This Act may be cited as the ``Automatic Voter 
Registration Act of 2016''.
    (b) Findings and Purpose.--
            (1) Findings.--Congress finds that--
                    (A) the right to vote is a fundamental right of 
                citizens of the United States;
                    (B) it is the responsibility of the State and 
                Federal Governments to ensure that every eligible 
                citizen is registered to vote;
                    (C) existing voter registration systems can be 
                inaccurate, costly, inaccessible and confusing, with 
                damaging effect on voter participation in elections and 
                disproportionate impact on young people, persons with 
                disabilities, and racial and ethnic minorities; and
                    (D) voter registration systems must be updated with 
                21st century technologies and procedures.
            (2) Purpose.--It is the purpose of this Act--
                    (A) to establish that it is the responsibility of 
                government at every level to ensure that all eligible 
                citizens are registered to vote;
                    (B) to enable the State and Federal Governments to 
                register all eligible citizens to vote with accurate, 
                cost-efficient, and up-to-date procedures;
                    (C) to modernize voter registration and list 
                maintenance procedures with electronic and Internet 
                capabilities; and
                    (D) to protect and enhance the integrity, accuracy, 
                efficiency, and accessibility of the electoral process.

SEC. 2. AUTOMATIC REGISTRATION OF ELIGIBLE INDIVIDUALS.

    (a) Requiring States To Establish and Operate Automatic 
Registration System.--
            (1) In general.--The chief State election official of each 
        State shall establish and operate a system of automatic 
        registration for the registration of eligible individuals to 
        vote for elections for Federal office in the State, in 
        accordance with the provisions of this Act.
            (2) Definition.--The term ``automatic registration'' means 
        a system that registers an individual to vote in elections for 
        Federal office in a State, if eligible, by electronically 
        transferring the information necessary for registration from 
        government agencies to election officials of the State so that, 
        unless the individual affirmatively declines to be registered, 
        the individual will be registered to vote in such elections.
    (b) Registration of Voters Based on New Agency Records.--The chief 
State election official shall--
            (1) ensure that any individual who is eligible to register 
        to vote in elections for Federal office in the State is 
        promptly registered to vote after the individual has not 
        declined registration and the individual's information has been 
        transmitted by a contributing agency pursuant to section 3; and
            (2) send written notice to the individual, in addition to 
        other means of notice established by this Act, of the 
        individual's voter registration status.
    (c) One-Time Registration of Voters Based on Existing Contributing 
Agency Records.--The chief State election official shall--
            (1) identify all individuals whose information is 
        transmitted by a contributing agency pursuant to section 4 and 
        who are eligible to be, but are not currently, registered to 
        vote in that State;
            (2) promptly send each such individual written notice, in 
        addition to other means of notice established by this Act, 
        which shall not identify the contributing agency that 
        transmitted the information but shall include--
                    (A) an explanation that voter registration is 
                voluntary, but if the individual does not decline 
                registration, the individual will be registered to 
                vote;
                    (B) a statement offering the opportunity to decline 
                voter registration through any means set forth by the 
                State consistent with this Act's requirements;
                    (C) in the case of a State in which affiliation or 
                enrollment with a political party is required in order 
                to participate in an election to select the party's 
                candidate in an election for Federal office, a 
                statement offering the individual the opportunity to 
                affiliate or enroll with a political party or to 
                decline to affiliate or enroll with a political party, 
                through such means as the State may establish 
                consistent with the requirements of this Act;
                    (D) the substantive qualifications of an elector in 
                the State;
                    (E) the instruction that the individual should 
                decline registration if ineligible to vote;
                    (F) instructions for correcting an erroneous 
                registration; and
                    (G) instructions for providing any additional 
                information which is required under State law for voter 
                registration purposes and reasonably related to the 
                management of elections;
            (3) ensure that each such individual who is eligible to 
        register to vote in elections for Federal office in the State 
        is promptly registered to vote, unless the individual declines 
        registration by providing the appropriate State election 
        official with notice within the specified time period; and
            (4) send written notice to each such individual, in 
        addition to other means of notice established by this Act, of 
        the individual's voter registration status.
    (d) Contributing Agency Defined.--In this Act, the term 
``contributing agency'' means, with respect to a State, an agency 
listed in section 3(e).

SEC. 3. CONTRIBUTING AGENCY ASSISTANCE IN REGISTRATION.

    (a) In General.--Each contributing agency in a State shall assist 
the State's chief election official in registering to vote all eligible 
individuals served by that agency, in accordance with this Act.
    (b) Requirements for Contributing Agencies.--
            (1) Instructions on automatic registration.--With each 
        application for service or assistance, and with each related 
        recertification, renewal, or change of address, or, in the case 
        of an institution of higher education, with each registration 
        of a student for enrollment in a course of study, each 
        contributing agency that (in the normal course of its 
        operations) requests individuals applying for service or 
        assistance to provide citizenship information shall inform the 
        individual of the following:
                    (A) Unless that individual declines to register to 
                vote, or is found ineligible to vote, the individual 
                will be registered to vote or, if applicable, the 
                individual's registration will be updated.
                    (B) The substantive qualifications of an elector in 
                the State, the consequences of false registration, and 
                that the individual should not register if the 
                individual does not meet all those qualifications.
                    (C) In the case of a State in which affiliation or 
                enrollment with a political party is required in order 
                to participate in an election to select the party's 
                candidate in an election for Federal office, the 
                requirement that the individual must affiliate or 
                enroll with a political party in order to participate 
                in such an election.
                    (D) 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.
            (2) Opportunity to decline registration required.--Each 
        contributing agency shall ensure that each application for 
        service or assistance, and each related recertification, 
        renewal, or change of address, or, in the case of an 
        institution of higher education, each registration of a student 
        for enrollment in a course of study, cannot be completed until 
        the individual is given the opportunity to decline to be 
        registered to vote.
            (3) Information transmittal.--For each individual who does 
        not decline voter registration, each contributing agency shall 
        electronically transmit to the appropriate State election 
        official, in a format compatible with the statewide voter 
        database maintained under section 303 of the Help America Vote 
        Act of 2002 (52 U.S.C. 21083), and in a manner that ensures 
        timely voter registration--
                    (A) the individual's given name(s) and surname(s);
                    (B) the individual's date of birth;
                    (C) the individual's residential address;
                    (D) information showing that the individual is a 
                citizen of the United States, which may include an 
                affirmation made by the individual under penalty of 
                perjury that the individual is a citizen of the United 
                States;
                    (E) any valid driver's license number or the last 4 
                digits of the individual's social security number;
                    (F) the date on which information pertaining to 
                that individual was collected or last updated;
                    (G) the individual's signature, in electronic form;
                    (H) information regarding the individual's 
                affiliation or enrollment with a political party, if 
                the individual provides such information;
                    (I) any affirmation the State may request of the 
                veracity of the information supplied by the individual 
                pursuant to subparagraphs (A) through (H); and
                    (J) any additional information which is required 
                under State law for voter registration purposes and 
                reasonably related to the management of elections, and 
                which is not otherwise collected by the agency in its 
                normal course of business.
    (c) Alternate Procedure for Certain Contributing Agencies.--With 
each application for service or assistance, and with each related 
recertification, renewal, or change of address, or in the case of an 
institution of higher education, with each registration of a student 
for enrollment in a course of study, any contributing agency that does 
not request or record information concerning the citizenship status of 
applicants for its services shall--
            (1) complete the requirements of section 7(a)(6) of the 
        National Voter Registration Act of 1993 (52 U.S.C. 
        20506(a)(6));
            (2) ensure that each applicant's transaction with the 
        agency cannot be completed until the applicant has indicated 
        whether the applicant wishes to register to vote in elections 
        for Federal office held in the State; and
            (3) for each individual who wishes to register to vote, 
        transmit that individual's information in accordance with 
        subsection (b)(3).
    (d) Required Availability of Automatic Registration Opportunity 
With Each Application for Service or Assistance.--Each contributing 
agency shall offer each individual, with each application for service 
or assistance, and with each related recertification, renewal, or 
change of address, or in the case of an institution of higher 
education, with each registration of a student for enrollment in a 
course of study, the opportunity to register to vote as prescribed by 
this section without regard to whether the individual previously 
declined a registration opportunity.
    (e) Contributing Agencies.--
            (1) State agencies.--In each State, each of the following 
        agencies of the State shall be treated as a contributing 
        agency--
                    (A) Each State agency that is required by Federal 
                law to provide voter registration services, including 
                the State motor vehicle authority.
                    (B) Each State agency that administers a program 
                providing assistance pursuant to title III of the 
                Social Security Act (42 U.S.C. 501 et seq.), title XIX 
                of the Social Security Act (42 U.S.C. 1396 et seq.), or 
                the Patient Protection and Affordable Care Act (Public 
                Law 111-148).
                    (C) Each State agency primarily responsible for 
                regulating the private possession of firearms.
                    (D) Each State agency primarily responsible for 
                maintaining identifying information for students 
                enrolled at public secondary schools, including, where 
                applicable, the State agency responsible for 
                maintaining the education data system described in 
                section 6201(e)(2) of the America COMPETES Act (20 
                U.S.C. 9871(e)(2)).
                    (E) In the case of a State in which an individual 
                disenfranchised by a criminal conviction may become 
                eligible to vote upon completion of a 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.
                    (F) Any other agency of the State which is 
                designated by the State as a contributing agency, but 
                only if the State determines that the agency collects 
                information sufficient to carry out the 
                responsibilities of a contributing agency under this 
                section.
            (2) Federal agencies.--In each State, each of the following 
        agencies of the Federal Government shall be treated as a 
        contributing agency, but only with respect to individuals who 
        are residents of the State in which the agency is located 
        (except as provided in subparagraph (C)):
                    (A) The Social Security Administration, the 
                Department of Veterans Affairs, the Defense Manpower 
                Data Center of the Department of Defense, the Employee 
                and Training Administration of the Department of Labor, 
                and the Center for Medicare & Medicaid Services of the 
                Department of Health and Human Services.
                    (B) The Bureau of Citizenship and Immigration 
                Services, but only with respect to individuals who have 
                completed the naturalization process.
                    (C) In the case of an individual who is a resident 
                of a State in which an individual disenfranchised by a 
                criminal conviction under Federal law may become 
                eligible to vote upon completion of a criminal sentence 
                or any part thereof, or upon formal restoration of 
                rights, the Federal agency responsible for 
                administering that sentence or part thereof (without 
                regard to whether the agency is located in the same 
                State in which the individual is a resident), but only 
                with respect to individuals who have completed the 
                criminal sentence or any part thereof.
                    (D) Any other agency of the Federal Government 
                which the State designates as a contributing agency, 
                but only if--
                            (i) the State, in consultation with the 
                        head of the agency, determines that the agency 
                        collects information sufficient to carry out 
                        the responsibilities of a contributing agency 
                        under this section; and
                            (ii) the head of the agency agrees to the 
                        designation.
            (3) Institutions of higher education.--Each institution of 
        higher education that receives Federal funds shall be treated 
        as a contributing agency in the State in which it is located, 
        but only with respect to students of the institution (including 
        students who attend classes online) who reside in the State. An 
        institution of higher education described in the previous 
        sentence shall be exempt from the voter registration 
        requirements of section 487(a)(23) of the Higher Education Act 
        of 1965 (20 U.S.C. 1094(a)(23)) if the institution is in 
        compliance with the applicable requirements of this Act.
            (4) Publication.--Not later than 180 days prior to the date 
        of each election for Federal office held in the State, the 
        chief State election official shall publish on the public Web 
        site of the official an updated list of all contributing 
        agencies in that State.
            (5) Public education.--The chief State election official of 
        each State, in collaboration with each contributing agency, 
        shall take appropriate measures to educate the public about 
        voter registration under this section.

SEC. 4. ONE-TIME CONTRIBUTING AGENCY ASSISTANCE IN REGISTRATION OF 
              ELIGIBLE VOTERS IN EXISTING RECORDS.

    (a) Initial Transmittal of Information.--For each individual 
already listed in a contributing agency's records as of the date of 
enactment of this Act, and for whom the agency retains all information 
listed in subparagraphs (A) through (J) of section 3(b)(3), the agency 
shall promptly transmit that information to the appropriate State 
election official in accordance with section 3(b)(3) not later than the 
effective date described in section 11(a).
    (b) Transition.--For each individual already listed in a 
contributing agency's records as of the effective date described in 
section 11(a) (but who was not already listed in a contributing 
agency's records as of the date of enactment of this Act), and for whom 
the agency retains all information listed in subparagraphs (A) through 
(J) of section 3(b)(3), the Agency shall promptly transmit that 
information to the appropriate State election official in accordance 
with section 3(b)(3) not later than 6 months after the effective date 
described in section 11(a).

SEC. 5. VOTER PROTECTION AND SECURITY IN AUTOMATIC REGISTRATION.

    (a) Protections for Errors in Registration.--An individual shall 
not be prosecuted under any Federal law, or adversely affected in any 
civil adjudication concerning immigration status or naturalization, or 
by an allegation in any legal proceeding that an individual who is not 
a citizen of the United States is removable or inadmissible--
            (1) for notifying an election official of such individual's 
        automatic registration;
            (2) on the grounds that the individual is not an eligible 
        voter and has been automatically registered to vote under this 
        Act; or
            (3) because the individual has been automatically 
        registered to vote at the incorrect address.
    (b) Limits on Use of Automatic Registration.--The automatic 
registration of any individual may not be used as evidence against that 
individual in any State or Federal law enforcement proceeding, and an 
individual's lack of knowledge or willfulness of such registration may 
be demonstrated by the individual's testimony alone.
    (c) Protection of Election Integrity.--Nothing in subsections (a) 
or (b) may be construed to prohibit or restrict any action under color 
of law against an individual who--
            (1) knowingly and willfully makes a false statement to 
        effectuate or perpetuate automatic voter registration by any 
        individual; or
            (2) casts a ballot knowingly and willfully in violation of 
        State law or the laws of the United States.
    (d) Contributing Agencies' Protection of Information.--Nothing in 
this Act authorizes a contributing agency to collect, retain, transmit, 
or publicly disclose any of the following:
            (1) An individual's decision to decline to register to vote 
        or not to register to vote.
            (2) An individual's decision not to affirm his or her 
        citizenship.
            (3) Any information that a contributing agency transmits 
        pursuant to section 3(b)(3), except in pursuing the agency's 
        ordinary course of business.
    (e) Election Officials' Protection of Information.--
            (1) Disclosure prohibited.--For any individual for whom the 
        appropriate State election official receives information from a 
        contributing agency, that State election official shall not 
        publicly disclose any of the following:
                    (A) The identity of the contributing agency.
                    (B) Any information not necessary to voter 
                registration.
                    (C) Any voter information otherwise shielded from 
                disclosure under State law or section 8(a) of the 
                National Voter Registration Act of 1993 (52 U.S.C. 
                20507(a)).
            (2) Disclosure requiring voter consent.--For any individual 
        for whom the appropriate State election official receives 
        information from a contributing agency, that official shall not 
        publicly disclose any of the following absent the individual's 
        express permission:
                    (A) Any portion of the individual's social security 
                number.
                    (B) Any portion of the individual's motor vehicle 
                driver's license number.
                    (C) The individual's signature.
                    (D) The individual's phone number.
                    (E) The individual's e-mail address.
            (3) Voter record changes.--Each State shall maintain for at 
        least 2 years and shall make available for public inspection 
        and, where available, photocopying at a reasonable cost, all 
        records of changes to voter records, including removals and 
        updates.
            (4) Database management standards.--The Director of the 
        National Institute of Standards and Technology shall--
                    (A) establish standards governing the comparison of 
                data for voter registration list maintenance purposes, 
                identifying as part of such standards the specific data 
                elements, the matching rules used, and when a State may 
                use the data to determine and deem that an individual 
                is ineligible under State law to vote in an election, 
                or to deem a record to be a duplicate or outdated;
                    (B) ensure that the standards developed pursuant to 
                this paragraph are drafted and applied in a uniform and 
                nondiscriminatory way; and
                    (C) publish the standards developed pursuant to 
                this paragraph on the Director's Web site and make 
                those standards available in written form upon request.
            (5) Security policy.--The Director of the National 
        Institute of Standards and Technology shall publish privacy and 
        security standards for voter registration information. The 
        standards shall require the chief State election official of 
        each State to adopt a policy that shall specify--
                    (A) each class of users who shall have authorized 
                access to the computerized statewide voter registration 
                list, specifying for each 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; and
                    (B) security safeguards to protect personal 
                information transmitted through the information 
                transmittal processes of section 3 or section 4, the 
                online system used pursuant to section 7, any telephone 
                interface, the maintenance of the voter registration 
                database, and the audit procedure to track access to 
                the system.
            (6) State compliance with national standards.--
                    (A) Certification.--The chief executive officer of 
                the State shall annually file with the Election 
                Assistance Commission a statement certifying to the 
                Director of the National Institute of Standards and 
                Technology that the State is in compliance with the 
                standards referred to in paragraphs (4) and (5). A 
                State may meet the requirement of the previous sentence 
                by filing with the Commission a statement which reads 
                as follows: ``_____ hereby certifies that it is in 
                compliance with the standards referred to in paragraphs 
                (4) and (5) of section 5(e) of the Automatic Voter 
                Registration Act of 2016.'' (with the blank to be 
                filled in with the name of the State involved).
                    (B) Publication of policies and procedures.--The 
                chief State election official of a State shall publish 
                on the official's Web site the policies and procedures 
                established under this section, and shall make those 
                policies and procedures available in written form upon 
                public request.
                    (C) Funding dependent on certification.--If a State 
                does not timely file the certification required under 
                this paragraph, it shall not receive any payment under 
                this Act for the upcoming fiscal year.
                    (D) Compliance of states that require changes to 
                state law.--In the case of a State that requires State 
                legislation to carry out an activity covered by any 
                certification submitted under this paragraph, the State 
                shall be permitted to make the certification 
                notwithstanding that the legislation has not been 
                enacted at the time the certification is submitted, and 
                such State shall submit an additional certification 
                once such legislation is enacted.
    (f) Restrictions on Use of Information.--No person acting under 
color of law may discriminate against any individual based on, or use 
for any purpose other than voter registration, election administration, 
or enforcement relating to election crimes, any of the following:
            (1) Voter registration records.
            (2) An individual's declination to register to vote or 
        complete an affirmation of citizenship under section 3(b).
            (3) An individual's voter registration status.
    (g) Prohibition on the Use of Voter Registration Information for 
Commercial or Non-Governmental Purposes.--Voter registration 
information collected under this Act shall not be used for commercial 
purposes, including for comparison with any existing commercial list or 
database.

SEC. 6. REGISTRATION PORTABILITY AND CORRECTION.

    (a) Correcting Registration Information at Polling Place.--
Notwithstanding section 302(a) of the Help America Vote Act of 2002 (52 
U.S.C. 21082(a)), if an individual is registered to vote in elections 
for Federal office held in a State, the appropriate election official 
at the polling pace for any such election (including a location used as 
a polling place on a date other than the date of the election) shall 
permit the individual to--
            (1) update the individual's address for purposes of the 
        records of the election official;
            (2) correct any incorrect information relating to the 
        individual, including the individual's name and political party 
        affiliation, in the records of the election official; and
            (3) cast a ballot in the election on the basis of the 
        updated address or corrected information, and to have the 
        ballot treated as a regular ballot and not as a provisional 
        ballot under section 302(a) of such Act.
    (b) Updates to Computerized Statewide Voter Registration Lists.--If 
an election official at the polling place receives an updated address 
or corrected information from an individual under subsection (a), the 
official shall ensure that the address or information is entered into 
the computerized Statewide voter registration list in accordance with 
section 303(a)(1)(A)(vi) of the Help America Vote Act of 2002 (52 
U.S.C. 21083(a)(1)(A)(vi)).

SEC. 7. ONLINE REGISTRATION.

    (a) In General.--Each State shall ensure that the following 
services are available on the official public Web sites of the 
appropriate State election officials:
            (1) Application for or update to voter registration using 
        an electronic version of the mail voter registration 
        application form the Election Assistance Commission prescribes, 
        and any additional voter registration form the State develops, 
        pursuant to section 6(a) of the National Voter Registration Act 
        of 1993 (52 U.S.C. 20505(a)).
            (2) Completion of a printable version of the mail voter 
        registration application form the Election Assistance 
        Commission prescribes, and any additional voter registration 
        form the State develops, pursuant to section 6(a) of the 
        National Voter Registration Act of 1993 (52 U.S.C. 20505(a)).
            (3) Correction of voter registration.
            (4) Designation of political party affiliation, where 
        applicable.
            (5) Cancellation of registration and removal from the voter 
        rolls.
            (6) Declination of any automatic registration.
    (b) Signature Requirements.--The appropriate State election 
official shall accept an online voter registration application and 
register each eligible individual to vote if the application provides a 
signature by any of the following:
            (1) In the case of an individual who has a signature on 
        file with a State agency, including the State motor vehicle 
        authority, that is required to provide voter registration 
        services by the National Voter Registration Act of 1993 (52 
        U.S.C. 20501 et seq.), the individual consents to the transfer 
        of that electronic signature.
            (2) The individual submits with the application an 
        electronic copy of the individual's handwritten signature.
            (3) The individual executes a computerized mark in the 
        signature field on an online voter registration application, if 
        the State chooses to accept this method of signature provision 
        (as well as any of the other methods described in this 
        subsection).
            (4) The individual otherwise completes registration under 
        this section and provides a signature at the time of casting a 
        ballot in an election or at the time of applying for a ballot 
        (including an absentee ballot) in an upcoming election. The 
        online system and disposition notice sent to any individual 
        pursuant to this paragraph must inform the individual of the 
        process for providing a signature.
    (c) Interagency Transmission of Electronic Signatures.--Each State 
agency that is required by the National Voter Registration Act of 1993 
(52 U.S.C. 20501 et seq.) to provide voter registration services, 
including the State motor vehicle authority, shall electronically 
transmit to the appropriate State election official the signature of 
any individual who has a signature on file with the agency and who 
consents to the transfer of that electronic signature under subsection 
(b)(1).
    (d) Pre-Election Correction.--Any correction to the statewide voter 
registration database pursuant to this section that is made no later 
than the lesser of thirty days, or the period State law provides, 
before a Federal election shall be effective for purposes of that 
Federal election and succeeding elections.
    (e) Accessibility of Services.--Each State shall ensure that all of 
the services provided under this section are provided in a manner 
accessible to individuals with disabilities.

SEC. 8. PAYMENTS AND GRANTS.

    (a) In General.--The Election Assistance Commission shall make 
grants to each eligible State to assist the State in implementing the 
requirements of this Act.
    (b) Eligibility; Application.--A State is eligible to receive a 
grant under this section if the State submits to the Commission, at 
such time and in such form as the Commission may require, an 
application containing--
            (1) a description of the activities the State will carry 
        out with the grant;
            (2) an assurance that the State shall carry out such 
        activities without partisan bias and without promoting any 
        particular point of view regarding any issue; and
            (3) such other information and assurances as the Commission 
        may require.
    (c) Amount of Grant; Priorities.--The Commission shall determine 
the amount of a grant made to an eligible State under this section. In 
determining the amount of the grants, the Commission shall give 
priority to providing funds for those activities which are most likely 
to accelerate compliance with the requirements of this Act, including--
            (1) investments supporting electronic information transfer, 
        including electronic collection and transfer of signatures, 
        between contributing agencies and the appropriate State 
        election officials;
            (2) updates to online or electronic voter registration 
        systems already operating as of the date of the enactment of 
        this Act;
            (3) introduction of online voter registration systems in 
        jurisdictions in which those systems did not previously exist; 
        and
            (4) public education on the availability of new methods of 
        registering to vote, updating registration, and correcting 
        registration.
    (d) Authorization of Appropriations.--
            (1) Authorization.--There are authorized to be appropriated 
        to carry out this section--
                    (A) $500,000,000 for fiscal year 2017; and
                    (B) such sums as may be necessary for each 
                succeeding fiscal year.
            (2) Continuing availability of funds.--Any amounts 
        appropriated pursuant to the authority of this subsection shall 
        remain available without fiscal year limitation until expended.

SEC. 9. MISCELLANEOUS PROVISIONS.

    (a) Accessibility of Registration Services.--Each contributing 
agency shall ensure that the services it provides under this Act are 
made available to individuals with disabilities to the same extent as 
services are made available to all other individuals.
    (b) Transmission Through Secure Third Party Permitted.--Nothing in 
this Act shall be construed to prevent a contributing agency from 
contracting with a third party to assist the agency in meeting the 
information transmittal requirements of this Act, so long as the data 
transmittal complies with the applicable requirements of this Act, 
including the privacy and security provisions of section 5.
    (c) Nonpartisan, Nondiscriminatory Provision of Services.--The 
services made available by contributing agencies under this Act and by 
the State under sections 6 and 7 shall be made in a manner consistent 
with paragraphs (4), (5), and (6)(C) of section 7(a) of the National 
Voter Registration Act of 1993 (52 U.S.C. 20506(a)).
    (d) Notices.--Each State may send notices under this Act via 
electronic mail if the individual has provided an electronic mail 
address and consented to electronic mail communications for election-
related materials. All notices sent pursuant to this Act that require a 
response must offer the individual notified the opportunity to respond 
at no cost to the individual.
    (e) Enforcement.--Section 11 of the National Voter Registration Act 
of 1993 (52 U.S.C. 20510), relating to civil enforcement and the 
availability of private rights of action, shall apply with respect to 
this Act in the same manner as such section applies to such Act.
    (f) Relation to Other Laws.--Except as provided, nothing in this 
Act may be construed to authorize or require conduct prohibited under, 
or to supersede, restrict, or limit the application of, any preexisting 
State or Federal law, including any of the following:
            (1) Any State law governing the assessment of applications 
        for voter registration by State election officials.
            (2) The Voting Rights Act of 1965 (52 U.S.C. 10301 et 
        seq.).
            (3) The Uniformed and Overseas Citizens Absentee Voting Act 
        (52 U.S.C. 20301 et seq.).
            (4) The National Voter Registration Act of 1993 (52 U.S.C. 
        20501 et seq.).
            (5) The Help America Vote Act of 2002 (52 U.S.C. 20901 et 
        seq.).

SEC. 10. DEFINITIONS.

    In this Act, the following definitions apply:
            (1) 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 
        (52 U.S.C. 20509) to be responsible for coordination of the 
        State's responsibilities under such Act.
            (2) The term ``Commission'' means the Election Assistance 
        Commission.
            (3) The term ``State'' means each of the several States and 
        the District of Columbia.

SEC. 11. EFFECTIVE DATE.

    (a) In General.--Except as provided in subsection (b), this Act and 
the amendments made by this Act shall apply with respect to a State 
beginning January 1, 2019.
    (b) Waiver.--Subject to the approval of the Commission, if a State 
certifies to the 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, 2019'' were a reference to 
``January 1, 2021''.
                                 <all>