[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 1514 Introduced in Senate (IS)]
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116th CONGRESS
1st Session
S. 1514
To amend title IV of the Higher Education Act of 1965 to require
institutions of higher education that participate in programs under
such title to distribute voter registration forms to students enrolled
at the institution, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 16, 2019
Mr. Booker (for himself, Mr. Durbin, and Mr. Brown) introduced the
following bill; which was read twice and referred to the Committee on
Health, Education, Labor, and Pensions
_______________________________________________________________________
A BILL
To amend title IV of the Higher Education Act of 1965 to require
institutions of higher education that participate in programs under
such title to distribute voter registration forms to students enrolled
at the institution, 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 ``Help Students Vote Act''.
SEC. 2. SENSE OF CONGRESS.
It is the sense of Congress that political participation and civic
engagement are fundamental to the health of American democracy, and
that all citizens should be encouraged to vote, regardless of party
affiliation.
SEC. 3. FINDINGS.
Congress finds the following:
(1) According to the National Center for Education
Statistics, undergraduate enrollment is projected to increase
from 17,000,000 to 19,300,000 students between 2015 and 2026,
and nearly 3,000,000 undergraduate and graduate students today
enroll in exclusively online education.
(2) According to the Pew Research Center, people between
the ages of 18 and 35 comprise roughly 31 percent of the
overall electorate.
(3) In 2014, young adults (ages 18 to 29) made up about 21
percent of the voting eligible population but only 17 percent
of this populations cast a ballot in the 2014 election.
(4) Just 42 percent of 18-24-year-olds said they were
registered to vote in 2014, which was the lowest rate in 40
years.
(5) In 2008, 21 percent of young adults (ages 18 to 29)
said they weren't registered to vote because they missed the
registration deadline. Six percent said they didn't know where
or how to register.
SEC. 4. DISTRIBUTING VOTER REGISTRATION FORMS.
Section 487(a)(23) of the Higher Education Act of 1965 (20 U.S.C.
1094(a)(23)) is amended to read as follows:
``(23)(A) The institution will make a good faith effort to
distribute voter registration forms to each student, and to
make such forms widely available to students at the
institution. In this paragraph, the term `student' means an
individual who is enrolled at the institution as an
undergraduate or graduate student on a full-time or part-time
basis, including an individual who is solely enrolled in an
online course.
``(B) The institution shall be considered in compliance
with the good faith requirements of subparagraph (A)--
``(i) if, with respect to each student enrolled and
physically in attendance at the institution, the
institution--
``(I)(aa) distributes voter registration
forms not less than twice in a calendar year,
and distributes such voter registration forms
not less than 30 days in advance of the
deadline for registering to vote within the
State for the next scheduled Federal or State
primary election and not less than 30 days in
advance of the deadline for registering to vote
within the State for the next scheduled Federal
or State general election; or
``(bb) electronically transmits a message
containing a voter registration form (or the
message contains an Internet address where such
a form can be downloaded) acceptable for use in
the State in which the institution is located
to each such student, and such electronic
message is devoted exclusively to voter
registration, not less than twice in a calendar
year, and transmits such a message not less
than 30 days in advance of the deadline for
registering to vote within the State for the
next scheduled Federal or State primary
election and not less than 30 days in advance
of the deadline for registering to vote within
the State for the next scheduled Federal or
State general election;
``(II) makes available information
regarding State registration deadlines,
residency requirements, voter identification,
and absentee voting, as applicable; and
``(III) ensures that an appropriate staff
person or office has been designated as a
`Campus Vote Coordinator' to ensure compliance
in accordance with this clause at the
institution and who shall--
``(aa) be publicly designated as
the `Campus Vote Coordinator', along
with the Coordinator's contact
information, on the institution's
website; and
``(bb) upon request, provide to
students residency requirements for
voting, including the ability of out of
State students to vote in the State in
which they are enrolled and physically
in attendance, in accordance with
applicable State law; and
``(ii) if, with respect to each student enrolled
exclusively in distance education or correspondence
programs and who is not physically in attendance at the
institution, the institution--
``(I) transmits a message of referral to a
centralized voter registration website or
platform that provides applicable voter
registration forms and information to potential
voters in all States, provided that such
platform is hosted by a government affiliated
website; and
``(II) transmits such message not less than
twice in a calendar year.
``(C) The institution may also include voter registration
forms within materials or information distributed to newly
enrolled, or returning, students at the beginning of a term,
consistent with the requirements of subparagraph (B).''.
SEC. 5. GRANTS AUTHORIZED.
The Secretary of Education shall award grants to institutions of
higher education that greatly exceed the minimum requirements under
section 487(a)(23) of the Higher Education Act of 1965 (20 U.S.C.
1094(a)(23)), including as demonstrated by--
(1) sponsoring large on-campus voter mobilization efforts;
(2) engaging the surrounding community in nonpartisan voter
registration and get out the vote efforts;
(3) creating a website with centralized information about
voter registration and election dates;
(4) inviting candidates to speak on campus; and
(5) offering rides to the polls to increase voter
education, registration, and mobilization.
SEC. 6. ENFORCEMENT ACTIONS.
(a) Corrective Action.--
(1) In general.--The Secretary of Education shall submit a
written warning to an institution of higher education that
violates a requirement of section 487(a)(23) of the Higher
Education Act of 1965 (20 U.S.C. 1094(a)(23)) that includes a
direction to correct the violation not later than 60 days after
the date the warning was received.
(2) Actions authorized.--If an institution of higher
education does not correct a violation in accordance with a
direction from the Secretary of Education as described in
paragraph (1), the Attorney General of the United States may
authorize the appropriate State law enforcement officer or the
chief elections official of a State to commence a civil action
in accordance with subsection (b).
(b) Civil Actions.--
(1) In general.--A State law enforcement officer or chief
elections official of a State may commence a civil action in
accordance with subsection (a) in the appropriate district
court of the United States against the institution that engages
in a pattern or practice of violating section 487(a)(23) of the
Higher Education Act of 1965 (20 U.S.C. 1094(a)(23)).
(2) Relief.--In a civil action commenced under paragraph
(1), the court may--
(A) grant any appropriate equitable or declaratory
relief with respect to the violation of section
487(a)(23) of the Higher Education Act of 1965 (20
U.S.C. 1094(a)(23));
(B) award all other appropriate relief to any
person or group aggrieved by the violation;
(C) to vindicate the public interest, assess a
civil penalty in an amount not exceeding the amount
listed in section 487(c)(3)(B) of the Higher Education
Act of 1965 (20 U.S.C. 1094(c)(3)(B)) for any
violation; and
(D) take into account the number of days in which
the infraction occurred.
(3) Intervention.--Upon timely application, a person
aggrieved by a violation of section 487(a)(23) of the Higher
Education Act of 1965 (20 U.S.C. 1094(a)(23)) with respect to
which a civil action is commenced under this subsection may
intervene in such action, and may obtain such appropriate
relief as the person could obtain in a civil action under
subsection (c) with respect to such violation, along with costs
and reasonable attorneys fees.
(c) Private Right of Action.--
(1) In general.--Any person or group aggrieved by a
violation of section 487(a)(23) of the Higher Education Act of
1965 (20 U.S.C. 1094(a)(23)) may commence a civil action in any
appropriate district court of the United States against the
institution that engages in such violation.
(2) Relief.--In a civil action commenced under paragraph
(1), the court may--
(A) grant any appropriate equitable or declaratory
relief with respect to the violation of section
487(a)(23) of the Higher Education Act of 1965 (20
U.S.C. 1094(a)(23));
(B) award any other appropriate relief to the
person or group aggrieved by the violation, including
the costs of the action, such as reasonable attorneys
fees;
(C) to vindicate the public interest, assess a
civil penalty in an amount not exceeding the amount
listed in section 487(c)(3)(B) of the Higher Education
Act of 1965 (20 U.S.C. 1094(c)(3)(B)) for any
violation; and
(D) take into account the number of days in which
the infraction occurred.
(3) Reporting.--Not later than 60 days before the date a
person or group aggrieved by a violation of section 487(a)(23)
of the Higher Education Act of 1965 (20 U.S.C. 1094(a)(23))
commences a civil action under paragraph (1), the person or
group shall report the violation to the Department of
Education, a Federal or State law enforcement agency, and the
institution purported to have committed the violation via an
affidavit detailing the alleged violation.
(d) Preservation of Remedies.--Nothing in this section shall be
construed to preclude or limit any remedy otherwise available under
other law, including consequential and punitive damages.
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