[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 4254 Introduced in Senate (IS)]

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116th CONGRESS
  2d Session
                                S. 4254

   To amend the Higher Education Act of 1965 to encourage voting by 
  students and to establish emergency procedures for institutions of 
 higher education to assist students in exercising their right to vote.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 21, 2020

  Mr. Bennet (for himself, Ms. Klobuchar, Mr. Durbin, and Mr. Booker) 
introduced the following bill; which was read twice and referred to the 
          Committee on Health, Education, Labor, and Pensions

_______________________________________________________________________

                                 A BILL


 
   To amend the Higher Education Act of 1965 to encourage voting by 
  students and to establish emergency procedures for institutions of 
 higher education to assist students in exercising their right to vote.

    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 ``National Emergency Student Vote 
Act''.

SEC. 2. ASSISTING POSTSECONDARY STUDENTS IN OBTAINING ABSENTEE BALLOTS.

    (a) Institution Requirements.--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 every reasonable effort 
        to--
                    ``(i) distribute the mail voter registration 
                application form for elections for Federal office 
                prescribed pursuant to section 9 of the National Voter 
                Registration Act of 1993 (52 U.S.C. 20508), which may 
                include sharing a direct, guided link to the 
                application form, to each student enrolled in the 
                institution;
                    ``(ii) provide clear guidance that a student 
                should--
                            ``(I) register in the State in which the 
                        student is eligible to vote in the next 
                        election described in subparagraph (F); and
                            ``(II) update the student's existing voter 
                        registration if the student's address has 
                        changed;
                    ``(iii) share credible, nonpartisan resources to 
                help students determine where they are eligible to 
                vote, which may include resources from State and local 
                election officials; and
                    ``(iv) make voter registration forms widely 
                available, including through access to online voter 
                registration, to students at the institution.
            ``(B) If an institution is in a State that has a deadline 
        for absentee ballots and the institution has decided to require 
        or encourage students of the institution to remain off-campus 
        due to a national, State, or local public health or other 
        emergency as of the date that is 90 days prior to such State's 
        deadline, the following requirements take effect:
                    ``(i) By the date that is not less than 75 days 
                prior to such deadline, the institution will request 
                that the State provide the institution with printed 
                absentee ballot application forms, as applicable, or 
                for the State to share the official State website or 
                online portal through which eligible voters can 
                directly request an absentee ballot.
                    ``(ii) By the date that is not less than 60 days 
                before the absentee ballot deadline for the State, the 
                institution will make every reasonable effort to--
                            ``(I) distribute to each student enrolled 
                        in the institution an absentee ballot 
                        application form, requested from the State 
                        under clause (i) and received in accordance 
                        with section 303(d) of the Help America Vote 
                        Act of 2002 (52 U.S.C. 21083(d)) or the 
                        official State website or online portal through 
                        which eligible voters can directly request an 
                        absentee ballot, with clear instructions that 
                        the form, website, or online portal should be 
                        used only by students eligible to vote in the 
                        State;
                            ``(II) share, with all students enrolled in 
                        the institution, credible, nonpartisan 
                        resources to help students who are registered 
                        in another State to apply for absentee ballots 
                        in such State, which may include resources from 
                        State and local election officials; and
                            ``(III) make such absentee ballot 
                        application forms, in printed or electronic 
                        format, widely available to students enrolled 
                        in the institution.
                    ``(iii) In any case where an institution has not 
                received from the State the official website or online 
                portal through which eligible voters can request an 
                absentee ballot application, or a sufficient quantity 
                of printed absentee ballot application forms, as needed 
                to fulfill this section by the date described in clause 
                (ii), the institution shall not be held liable for not 
                meeting the requirements of this section during that 
                election year.
            ``(C) Not later than 30 days prior to the State's deadline 
        to submit an absentee ballot or, in a State that mails ballots 
        to all voters without requiring an application, submit the 
        mailed ballot, the institution shall make every reasonable 
        effort to communicate with each student enrolled in the 
        institution regarding--
                    ``(i) information about the applicable absentee 
                ballot or mailed ballot deadline of the State;
                    ``(ii) information about any requirements in the 
                State to cast a valid absentee ballot or mailed ballot, 
                including requirements for a witness signature or a 
                copy of valid identification; and
                    ``(iii) current (as of the date of the 
                communication), credible information from appropriate 
                State and local election officials about all other 
                voting options, such as early and in-person voting and 
                voting on Election Day.
            ``(D) An institution of higher education that only provides 
        distance education shall, in lieu of the requirements of 
        subparagraphs (B), and (C)--
                    ``(i) 60 days before the date of a general election 
                for Federal office, share credible, nonpartisan 
                resources, which may include resources from State and 
                local officials, to help students apply for absentee 
                ballots and learn about requirements for different 
                options to vote, such as absentee voting, voting by 
                mail, early and in-person voting, and voting on 
                Election Day; and
                    ``(ii) 30 days before the date of a general 
                election for Federal office, remind students about the 
                date of the general election for Federal office and 
                provide credible, nonpartisan resources, which may 
                include resources from State and local officials, for 
                different options to vote, such as absentee voting, 
                voting by mail, early and in-person voting, and voting 
                on Election Day.
            ``(E) An institution subject to the requirements of this 
        paragraph shall ensure that--
                    ``(i) in distributing voting materials (as defined 
                in section 203(b)(3) of the Voting Rights Act of 1965 
                (52 U.S.C. 10503(b)(3)) that are produced by a covered 
                State or political subdivision (as defined in such 
                section), such voting materials are provided in 
                accordance with section 203 of that Act (52 U.S.C. 
                10503); and
                    ``(ii) all materials and information made available 
                electronically under this paragraph--
                            ``(I) are accessible to individuals with 
                        disabilities; and
                            ``(II) conform to the accessibility 
                        standards under section 508 of the 
                        Rehabilitation Act of 1973 (29 U.S.C. 794d).
            ``(F) This paragraph shall apply to general and special 
        elections for Federal office and to the elections for Governor 
        or other chief executive within such State), unless otherwise 
        provided.
            ``(G)(i) An institution may satisfy the requirements of 
        subparagraphs (A) through (D), and shall be considered in 
        compliance with such subparagraphs, with respect to each 
        student to whom the institution electronically transmits a 
        message containing the information required under such 
        subparagraphs, if such information is in an electronic message 
        devoted exclusively to that information.
            ``(ii) Nothing in this subparagraph shall be construed to 
        prevent an institution from including information described in 
        clause (i) through routine, widely disseminated communications 
        with students enrolled in the institution, in addition to the 
        electronic message devoted exclusively to that information as 
        described in clause (i).
            ``(H) In this paragraph--
                    ``(i) the term `absentee ballot' means any ballot 
                cast by any means other than in person and for which 
                the State requires an application;
                    ``(ii) the term `distance education' has the 
                meaning given the term in section 103, except such term 
                shall not include distance education that is provided 
                due to a decision of an institution to require or 
                encourage students of the institution to remain off-
                campus due to a national, State, or local public health 
                or other emergency; and
                    ``(iii) the term `Federal office' has the meaning 
                given in section 301 (3) of the Federal Election 
                Campaign Act of 1971 (52 U.S.C. 30101(3)).''.
    (b) State Requirement.--Section 303 of the Help America Vote Act of 
2002 (52 U.S.C. 21083) is amended--
            (1) in the section heading, by inserting ``; provision of 
        forms to institutions of higher education'' after ``by mail'';
            (2) by redesignating subsection (d) as subsection (e);
            (3) by inserting after subsection (c) the following new 
        subsection:
    ``(d) Provision of Absentee Ballot Application Forms to 
Institutions of Higher Education.--Each State shall provide the voter 
registration and absentee ballot application forms or access to 
electronic versions of such forms to each institution of higher 
education for the purposes described in section 487(a)(23) of the 
Higher Education Act of 1965 (20 U.S.C. 1094(a)(23)).''; and
            (4) in subsection (e), as redesignated by paragraph (2), by 
        adding at the end the following new paragraph:
            ``(3) Requirement to provide voter registration and 
        absentee ballot application forms to institutions of higher 
        education.--Each State and jurisdiction shall be required to 
        comply with the requirements of subsection (d) on and after the 
        earlier of--
                    ``(A) the date that is 30 days after the date of 
                enactment of the National Emergency Student Vote Act; 
                or
                    ``(B) August 1, 2020.''.
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