[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[S. 2106 Introduced in Senate (IS)]

<DOC>






115th CONGRESS
  1st Session
                                S. 2106

To require States to automatically register eligible voters at the time 
   they turn 18 to vote in Federal elections, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            November 8, 2017

   Ms. Klobuchar (for herself, Mrs. Feinstein, Mrs. Gillibrand, Mr. 
 Markey, and Ms. Hassan) 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 at the time 
   they turn 18 to vote in Federal elections, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Register America to Vote Act''.

SEC. 2. PURPOSE.

    The purposes of this Act are--
            (1) to require every State to develop and implement a 
        system to ensure that every eligible person is automatically 
        registered to vote when they turn 18 years old; and
            (2) to protect the right to vote by allowing voters who are 
        automatically registered or had previously registered in a 
        State to update their address through the day of the election.

SEC. 3. AUTOMATIC VOTER REGISTRATION.

    (a) Requirement.--
            (1) In general.--Not later than November 6, 2018, the chief 
        State election official of each State shall establish and 
        operate a system of automatic registration for the registration 
        of any eligible individual at the time the individual turns 18 
        to vote for elections for Federal office in the State.
            (2) Exception.--The requirements under paragraph (1) shall 
        not apply to a State in which, under a State law in effect 
        continuously on and after the date of the enactment of this 
        section, there is no voter registration requirement for 
        individuals in the State with respect to elections for Federal 
        office.
            (3) Limits on use of automatic registration.--The 
        registration of any individual under this subsection, and any 
        action by an individual to opt-out of such automatic 
        registration, may not be used as evidence against that 
        individual in any State or Federal law enforcement proceeding.
    (b) Same Day Registration.--
            (1) In general.--Notwithstanding section 8(a)(1)(D) of the 
        National Voter Registration Act of 1993 (42 U.S.C. 1973gg-6), 
        each noncomplying State shall permit any eligible individual on 
        the day of a Federal election--
                    (A) to register to vote in such election at the 
                polling place using a form that meets the requirements 
                under section 9(b) of the National Voter Registration 
                Act of 1993 (52 U.S.C. 20509(b)); and
                    (B) to cast a vote in such election.
            (2) Noncomplying state.--For purposes of paragraph (1), the 
        term ``noncomplying State'' means, with respect to any Federal 
        election occurring on or after November 6, 2018, any State 
        which is required to meet the requirements of subsection (a) 
        and which does not have a system described in subsection (a) 
        established and operated before the date of such Federal 
        election.
    (c) Automatic Voter Registration Grants.--
            (1) In general.--The Commission shall make a payment in an 
        amount determined under paragraph (3) to each State.
            (2) Use of funds.--A State receiving a payment under this 
        subsection shall use the payment--
                    (A) to implement automatic voter registration in 
                accordance with subsection (a); and
                    (B) to improve election security systems related to 
                voter registration.
            (3) Allocation of funds.--
                    (A) In general.--Subject to subparagraph (C), the 
                amount of a payment made to a State under this 
                subsection shall be equal to the product of--
                            (i) the total amount appropriated for 
                        payments pursuant to the authorization under 
                        paragraph (4); and
                            (ii) the State allocation percentage for 
                        the State (as determined under subparagraph 
                        (B)).
                    (B) State allocation percentage defined.--The 
                ``State allocation percentage'' for a State is the 
                amount (expressed as a percentage) equal to the 
                quotient of--
                            (i) the voting age population of the State 
                        (as reported in the most recent decennial 
                        census); and
                            (ii) the total voting age population of all 
                        States (as reported in the most recent 
                        decennial census).
                    (C) Minimum amount of payment.--The amount of a 
                payment made to a State under this subsection may not 
                be less than one-half of 1 percent of the total amount 
                appropriated for payments under this subsection under 
                paragraph (4).
                    (D) Pro rata reductions.--The Commission shall make 
                such pro rata reductions to the allocations determined 
                under subparagraph (A) as are necessary to comply with 
                the requirements of subparagraph (C).
                    (E) Continuing availability of funds after 
                appropriation.--A payment to a State under this 
                subsection shall be available to the State without 
                fiscal year limitation.
            (4) Authorization of appropriations.--
                    (A) In general.--There are authorized to be 
                appropriated $325,000,000 for payments under this 
                subsection.
                    (B) Availability.--Any amounts appropriated 
                pursuant to the authority of subparagraph (A) shall 
                remain available without fiscal year limitation until 
                expended.
    (d) 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 
subsections (a) and (b) in the same manner as such section applies to 
such Act.
    (e) 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 of the 
following:
            (1) The Voting Rights Act of 1965 (52 U.S.C. 10301 et 
        seq.).
            (2) The Uniformed and Overseas Citizens Absentee Voting Act 
        (52 U.S.C. 20301 et seq.).
            (3) The National Voter Registration Act of 1993 (52 U.S.C. 
        20501 et seq.).
            (4) The Help America Vote Act of 2002 (52 U.S.C. 20901 et 
        seq.).
    (f) Definitions.--In this Act, the following definitions apply:
            (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 (52 U.S.C. 20509) to be 
        responsible for coordination of the State's responsibilities 
        under such Act.
            (2) Commission.--The term ``Commission'' means the Election 
        Assistance Commission.
            (3) Election.--The term ``election'' has the meaning given 
        such term under section 301(1) of the Federal Election Campaign 
        Act of 1971.
            (4) Federal office.--The term ``Federal office'' has the 
        meaning given such term under section 301(3) of the Federal 
        Election Campaign Act of 1971.
            (5) State.--The term ``State'' means each of the several 
        States and the District of Columbia.

SEC. 4. STATE REGISTRATION PORTABILITY.

    (a) In General.--Section 8(e) of the National Voter Registration 
Act of 1993 (52 U.S.C. 20507(e)) is amended to read as follows:
    ``(e) Procedure for Voting Following Failure To Return Card.--
Notwithstanding failure to notify the registrar of the change of 
address prior to the date of an election, a registrant who has moved 
from an address in the State to an address in the same State shall, 
upon oral or written affirmation by the registrant of the change of 
address before an election official, be permitted to vote (at the 
option of the voter)--
            ``(1) at the polling place of the registrant's current 
        address; or
            ``(2) at a central location within the same registrar's 
        jurisdiction.''.
    (b) Effective Date.--The amendment made by this section shall take 
effect on January 1, 2019.
                                 <all>