117 HR 7536 IH: Civic Duty to Vote Act U.S. House of Representatives 2022-04-18 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I117th CONGRESS2d SessionH. R. 7536IN THE HOUSE OF REPRESENTATIVESApril 18, 2022Mr. Larson of Connecticut introduced the following bill; which was referred to the Committee on House AdministrationA BILLTo require each eligible citizen to appear to vote in each regularly scheduled general election for Federal office, and for other purposes.

1.

Short title

This Act may be cited as the Civic Duty to Vote Act.

2.

Requirements with respect to voting by citizens

(a)

Requirement To appear To vote

(1)

Requirement

Each eligible citizen shall appear to vote in each regularly scheduled general election for Federal office as described in paragraph (2).(2)

Appearing to vote described

An eligible citizen shall be deemed to appear to vote in a regularly scheduled general election for Federal office if such citizen returns a ballot to vote in such election to an appropriate State election official in the State in which such citizen is eligible to vote by any method authorized by the laws of the State in which such election is held.(3)

Rule of construction

Nothing in this subsection may be construed to require an eligible citizen to cast a vote for any candidate in an election for Federal office.(b)

Civil money penalty for violation

(1)

In general

Except as provided in paragraph (4), a civil money penalty in the amount of $20 shall be assessed against any individual found to be in violation of the requirements under subsection (a) unless the individual certifies to an appropriate State election official that the individual has a valid and sufficient reason for not appearing to vote in any such election described in subsection (a)(1).(2)

Valid and sufficient reason described

The following shall be deemed to be a valid and sufficient reason for not appearing to vote in a regularly scheduled general election for Federal office:(A)An individual is unable to receive or return a ballot in such an election because the individual is not registered to vote in the election in the State after a good faith attempt by the individual to register to vote in such election.(B)An individual is unable to appear to vote as a result of an emergency.(C)An individual is unable to comply with the requirements of subsection (a) due to sincerely held religious or personal beliefs.(D)An individual was unaware of the individual’s eligibility to vote in any such election. (3)

Waiver

The appropriate State election official shall grant a waiver of the civil money penalty under paragraph (1) with respect to any individual found to be in violation of the requirement under subsection (a)(1) who—(A)certifies to the election official that the individual cannot afford to pay such civil money penalty; or(B)attests that such individual will complete one hour of community service.(4)

Exception

In the case of an individual’s first violation of the requirements under subsection (a)—(A)the civil money penalty under paragraph (1) shall not apply; and(B)the appropriate State election official of the State in which such citizen is eligible to vote shall send the individual a notice that informs the individual of the violation and the civil money penalty that will be assessed against the individual with respect to any subsequent violation. (5)

No additional penalties for failure to pay civil money penalty

In the case of an individual found to be in violation of the requirement under subsection (a)(1) who fails to pay a civil money penalty assessed under paragraph (1), such individual shall not, as a result of such failure to pay the civil money penalty, be subject to any additional civil or criminal penalties or any denial of government benefits.(c)

Prohibition against certain uses of information

(1)

Prohibition against information sharing with law enforcement

A State election official may not share any information provided by an individual for the purposes of certifying a valid and sufficient reason that the individual did not appear to vote under subsection (b)(2) or receiving a waiver of the civil money penalty under subsection (b)(3) with any Federal, State, or local law enforcement agency.(2)

Prohibition against law enforcement use of information

No Federal, State, or local law enforcement agency may use any information provided by an individual for the purposes of certifying a valid and sufficient reason that the individual did not appear to vote under subsection (b)(2) to subject such individual to any additional penalties or criminal investigation. (d)

Effective date

This section shall apply with respect to the regularly scheduled general election for Federal office held in November 2024 and each succeeding election for Federal office.

3.

Election Assistance Commission publication of best practices

Not later than 60 days after the date of the enactment of this Act, the Election Assistance Commission shall develop and publish recommendations for best practices for States to implement the requirements of this Act, including practices for States to provide individuals with an option on a ballot in an election for Federal office to affirmatively decline to vote for any candidate with respect to each office in any such election.

4.

Election Assistance Commission grants to States

(a)

Grants to States

The Election Assistance Commission shall make grants to each eligible State to assist the State in implementing the requirements of this Act.(b)

Eligibility

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 such information as the Commission determines appropriate.(c)

Authorization of appropriations

There are authorized to be appropriated such sums as may be necessary to carry out this section.

5.

Definitions

In this Act, the following definitions apply:(1)

Eligible citizen

The term eligible citizen means a citizen who is eligible to vote in a regularly scheduled general election for Federal office in a State pursuant to the laws of the State in which the citizen resides.(2)

State

The term State means each of the several States and the District of Columbia.