[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 4335 Introduced in Senate (IS)]

<DOC>






117th CONGRESS
  2d Session
                                S. 4335

   To improve voter access to the ballot box through automatic voter 
                 registration, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 26, 2022

 Ms. Klobuchar (for herself, Mr. Blumenthal, Mr. Wyden, Mr. Leahy, Mr. 
 Casey, Ms. Smith, Ms. Warren, Ms. Hirono, and Mr. Booker) introduced 
the following bill; which was read twice and referred to the Committee 
                      on Rules and Administration

_______________________________________________________________________

                                 A BILL


 
   To improve voter access to the ballot box through automatic voter 
                 registration, 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 of 
2022''.

SEC. 2. FINDINGS AND PURPOSE.

    (a) 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 Federal and State 
                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 effects on voter participation in elections 
                for Federal office and disproportionate impacts on 
                young people, individuals with disabilities, and racial 
                and ethnic minorities; and
                    (D) voter registration systems must be updated with 
                21st Century technologies and procedures to maintain 
                their security.
            (2) Purpose.--It is the purpose of this Act--
                    (A) to establish that it is the responsibility of 
                government to ensure that all eligible citizens are 
                registered to vote in elections for Federal office;
                    (B) to enable the State 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 
                for all eligible citizens.

SEC. 3. 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 
        responsibilities under that Act.
            (2) The term ``State'' means each of the several States, 
        the District of Columbia, the Commonwealth of Puerto Rico, the 
        United States Virgin Islands, Guam, American Samoa, and the 
        Commonwealth of the Northern Mariana Islands.

SEC. 4. AUTOMATIC REGISTRATION OF INDIVIDUALS TURNING 18 YEARS OF AGE.

    (a) Requirement.--Except as provided in subsection (b), the chief 
State election official of each State shall establish and operate a 
system of automatic registration for the registration of any eligible 
individual on the date on which the individual turns 18 in order that 
the individual may vote in elections for Federal office in the State.
    (b) Exception.--The requirement 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.

SEC. 5. AUTOMATIC REGISTRATION OF ELIGIBLE INDIVIDUALS.

    (a) In General.--The National Voter Registration Act of 1993 (52 
U.S.C. 20504) is amended by inserting after section 5 the following new 
section:

``SEC. 5A. AUTOMATIC REGISTRATION BY STATE MOTOR VEHICLE AUTHORITY.

    ``(a) Definitions.--In this section--
            ``(1) Applicable agency.--The term `applicable agency' 
        means, with respect to a State, the State motor vehicle 
        authority responsible for motor vehicle driver's licenses under 
        State law.
            ``(2) Applicable transaction.--The term `applicable 
        transaction' means--
                    ``(A) an application to an applicable agency for a 
                motor vehicle driver's license; and
                    ``(B) any other service or assistance (including 
                for a change of address) provided by an applicable 
                agency.
            ``(3) Automatic registration.--The term `automatic 
        registration' means a system that registers an individual to 
        vote and updates existing voter registration in elections for 
        Federal office in a State, if eligible, by electronically 
        transferring the information necessary for registration from 
        the applicable agency to election officials of the State in 
        order that, unless the individual affirmatively declines to be 
        registered or to update any voter registration, the individual 
        will be registered to vote in those elections.
            ``(4) Eligible individual.--The term `eligible individual' 
        means, with respect to an election for Federal office, an 
        individual who is otherwise qualified to vote in that election.
            ``(5) Register to vote.--The term `register to vote' 
        includes updating the existing voter registration of an 
        individual.
    ``(b) Establishment.--
            ``(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 section.
            ``(2) Registration of voters based on new agency records.--
                    ``(A) In general.--The chief State election 
                official shall--
                            ``(i) subject to subparagraph (B), ensure 
                        that each eligible individual who completes an 
                        applicable transaction and does not decline to 
                        register to vote is registered to vote--
                                    ``(I) in the next election for 
                                Federal office (and subsequent 
                                elections for Federal office), if an 
                                applicable agency transmits information 
                                under subsection (c)(1)(E) with respect 
                                to the individual not later than the 
                                applicable date; and
                                    ``(II) in subsequent elections for 
                                Federal office, if an applicable agency 
                                transmits information under subsection 
                                (c)(1)(E) with respect to the 
                                individual after the applicable date; 
                                and
                            ``(ii) not later than 60 days after the 
                        receipt of information described in subsection 
                        (c)(1)(E) with respect to an individual, send 
                        written notice to the individual, in addition 
                        to other means of notice established under this 
                        section, of the voter registration status of 
                        the individual.
                    ``(B) Applicable date.--For purposes of this 
                subsection, the term ``applicable date'' means, with 
                respect to any election for Federal office, the later 
                of--
                            ``(i) the date that is 28 days before the 
                        date of the election; or
                            ``(ii) the last day of the period provided 
                        by State law for voter registration with 
                        respect to such election.
                    ``(C) Clarification.--Nothing in this subsection 
                shall prevent a chief State election official from 
                registering an eligible individual to vote in the next 
                election for Federal office in the State, including if 
                an applicable agency transmits information under 
                subsection (c)(1)(E) with respect to the individual 
                after the applicable date.
            ``(3) Treatment of individuals under 18 years of age.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), a State may not refuse to treat an 
                individual as an eligible individual for purposes of 
                this section on the grounds that the individual is less 
                than 18 years of age on the date on which an applicable 
                agency receives information with respect to the 
                individual, provided that the individual is not less 
                than 16 years of age at that time.
                    ``(B) Exception.--Nothing in subparagraph (A) may 
                be construed to require a State to permit an individual 
                who is less than 18 years of age on the date of an 
                election for Federal office to vote in the election.
    ``(c) Applicable Agency Responsibilities.--
            ``(1) Instructions on automatic registration for agencies 
        collecting citizenship information.--
                    ``(A) In general.--Except as otherwise provided in 
                this section, in the case of any applicable transaction 
                for which an applicable agency (in the normal course of 
                the operations) requests (either directly or as part of 
                the overall application submitted for the applicable 
                transaction) that an individual affirm that the 
                individual is a United States citizen, the applicable 
                agency shall inform each such individual who is a 
                citizen of the United States of the following:
                            ``(i) Unless the individual declines to 
                        register to vote, or is found ineligible to 
                        vote--
                                    ``(I) the individual will be 
                                registered to vote; or
                                    ``(II) if applicable, the voter 
                                registration of the individual will be 
                                updated.
                            ``(ii) With respect to the qualification to 
                        register to vote--
                                    ``(I) the substantive 
                                qualifications of an elector in the 
                                State as listed in the mail voter 
                                registration application form for 
                                elections for Federal office prescribed 
                                pursuant to section 9;
                                    ``(II) the consequences of false 
                                registration; and
                                    ``(III) how the individual should 
                                decline to register to vote if the 
                                individual does not meet requirements 
                                for eligibility to vote in a Federal 
                                election.
                            ``(iii) In the case of a State in which 
                        affiliation or enrollment with a political 
                        party is required in order to participate in an 
                        election for Federal office to select the 
                        candidate of the political party, the 
                        requirement that the individual must, in 
                        registering to vote, affiliate or enroll with a 
                        political party in order to participate in such 
                        an election.
                            ``(iv) With respect to voter registration 
                        by an individual--
                                    ``(I) voter registration is 
                                voluntary;
                                    ``(II) whether the individual 
                                registers or declines to register to 
                                vote shall not affect the availability 
                                of any service or benefit; and
                                    ``(III) information relating to 
                                whether the individual registers or 
                                declines to register to vote may not be 
                                used for other purposes.
                    ``(B) Individuals with limited english 
                proficiency.--
                            ``(i) Covered individual.--For purposes of 
                        this subparagraph, the term `covered 
                        individual' means an individual conducting an 
                        applicable transaction--
                                    ``(I) who is a member of a group 
                                that constitutes not less than 3 
                                percent of the overall population of 
                                the State, as determined by the United 
                                States Census Bureau, served by the 
                                applicable agency; and
                                    ``(II) who is limited English 
                                proficient.
                            ``(ii) Requirement.--In providing 
                        information pursuant to subparagraph (A), an 
                        applicable agency shall provide the information 
                        to any covered individual served by the 
                        applicable agency in a language understood by 
                        the covered individual.
                    ``(C) Clarification of procedures for ineligible 
                voters.--An applicable agency may not provide an 
                individual who did not affirm United States 
                citizenship, or for whom the applicable agency has 
                conclusive documentary evidence obtained through the 
                normal course of operations of the applicable agency 
                that the individual is not a United State citizen, the 
                opportunity to register to vote under subparagraph (A).
                    ``(D) Opportunity to decline registration 
                required.--
                            ``(i) In general.--Except as otherwise 
                        provided in this section, each applicable 
                        agency shall ensure that each applicable 
                        transaction described in subparagraph (A) may 
                        not be completed unless the individual is given 
                        the opportunity to decline to be registered to 
                        vote.
                            ``(ii) Language requirement.--If an 
                        individual is a covered individual, as defined 
                        in subparagraph (B)(i), the covered individual 
                        shall be given the opportunity to decline to be 
                        registered to vote in a language understood by 
                        the covered individual.
                    ``(E) Information transmittal.--Not later than 10 
                days after an applicable transaction with an eligible 
                individual, if the eligible individual did not decline 
                to be registered to vote, the applicable agency shall 
                electronically transmit to the appropriate State 
                election official the following information with 
                respect to the eligible individual:
                            ``(i) The given name and surname of the 
                        eligible individual.
                            ``(ii) The date of birth of the eligible 
                        individual.
                            ``(iii) The residential address of the 
                        individual.
                            ``(iv) Information showing that the 
                        individual is a citizen of the United States.
                            ``(v) The date on which information 
                        pertaining to the eligible individual was 
                        collected or most recently updated.
                            ``(vi) If available, the signature of the 
                        eligible individual in electronic form.
                            ``(vii) 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 candidate of the 
                        political party in an election for Federal 
                        office, information relating to the affiliation 
                        or enrollment of the eligible individual with a 
                        political party, if the eligible individual 
                        provides that information.
                            ``(viii) Any additional information listed 
                        in the mail voter registration application form 
                        for elections for Federal office prescribed 
                        pursuant to section 9, including, if the 
                        eligible individual provides such information--
                                    ``(I) the valid driver's license 
                                number of the eligible individual; and
                                    ``(II) the last 4 digits of the 
                                social security number of the eligible 
                                individual.
                    ``(F) Provision of information relating to 
                participation in primary elections.--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 candidate of a political 
                party in an election for Federal office, if the 
                information transmitted under subparagraph (E) with 
                respect to an eligible individual does not include 
                information regarding the affiliation or enrollment 
                with a political party of the eligible individual, the 
                chief State election official shall--
                            ``(i) notify the eligible individual that 
                        such affiliation or enrollment is required to 
                        participate in any primary election for Federal 
                        office; and
                            ``(ii) provide an opportunity for the 
                        eligible individual to update the registration 
                        of the eligible individual to denote the party 
                        affiliation or enrollment of the eligible 
                        individual.
                    ``(G) Clarification.--Nothing in this section shall 
                be construed to require an applicable agency to 
                transmit to an election official the information 
                described in subparagraph (E) with respect to an 
                individual who is ineligible to vote in an election for 
                Federal office in the State, except to the extent 
                required to pre-register a citizen between 16 and 18 
                years of age.
            ``(2) Alternate procedure for certain other applicable 
        agencies.--With each applicable transaction for which an 
        applicable agency (in the normal course of the operations of 
        the applicable agency) does not request an individual to affirm 
        United States citizenship (either directly or as part of the 
        overall application for service or assistance), the applicable 
        agency shall--
                    ``(A) complete the requirements under section 5;
                    ``(B) ensure that each transaction by an individual 
                with the applicable agency may not be completed unless 
                the individual indicates whether the individual wishes 
                to register to vote or declines to register to vote in 
                elections for Federal office held in the State; and
                    ``(C) for each individual who wishes to register to 
                vote, transmit the information relating to the 
                individual described in paragraph (1)(E), unless the 
                applicable agency has conclusive documentary evidence 
                obtained through the normal course of operations of the 
                applicable agency that the individual is not a United 
                States citizen.
            ``(3) Required availability of automatic registration 
        opportunity with each application for service or assistance.--
        Each applicable agency shall offer each eligible individual, in 
        conducting each applicable transaction, the opportunity to 
        register to vote as prescribed by this section without regard 
        to whether the individual previously declined an opportunity to 
        register to vote.
    ``(d) Voter Protection.--
            ``(1) Protection of information by applicable agencies.--
        Nothing in this section may be construed to authorize an 
        applicable agency to collect, retain, transmit, or publicly 
        disclose any of the following, except as necessary to comply 
        with title III of the Civil Rights Act of 1960 (52 U.S.C. 20701 
        et seq.):
                    ``(A) The decision of an individual to decline to 
                register to vote.
                    ``(B) The decision of an individual not to affirm 
                the citizenship of the individual.
                    ``(C) Any information that an applicable agency 
                transmits pursuant to subsection (c)(1)(E), except in 
                carrying out the ordinary course of business of the 
                applicable agency.
            ``(2) Protection of information by elections officials.--
                    ``(A) Public disclosure prohibited.--
                            ``(i) In general.--Except as provided in 
                        clause (ii), with respect to any individual 
                        with respect to whom any appropriate State 
                        election official receives information from an 
                        applicable agency, the State election official 
                        shall not publicly disclose--
                                    ``(I) any information not necessary 
                                to voter registration;
                                    ``(II) any information of the 
                                individual otherwise protected from 
                                disclosure pursuant to section 8(a) or 
                                State law;
                                    ``(III) any portion of the social 
                                security number of the individual;
                                    ``(IV) any portion of the motor 
                                vehicle driver's license number of the 
                                individual;
                                    ``(V) the signature of the 
                                individual;
                                    ``(VI) the telephone number of the 
                                individual; or
                                    ``(VII) the email address of the 
                                individual.
                            ``(ii) Special rule for individuals 
                        registered to vote.--The prohibition on public 
                        disclosure under clause (i) shall not apply 
                        with respect to the telephone number or email 
                        address of any individual--
                                    ``(I) for whom any State election 
                                official receives information from the 
                                applicable agency; and
                                    ``(II) who, on the basis of such 
                                information, is registered to vote in 
                                the State under this section.
    ``(e) Miscellaneous Provisions.--
            ``(1) Accessibility of registration services.--Each 
        applicable agency shall ensure that the voter registration 
        services the applicable agency provides under this section are 
        made available to individuals with disabilities to the same 
        extent as services are made available to all other individuals.
            ``(2) Transmission through secure third party permitted.--
        Nothing in the Register America to Vote Act of 2022 or this 
        section shall be construed to prevent an applicable agency from 
        contracting with a third party to assist the applicable agency 
        in meeting the information transmittal requirements under this 
        section, provided that the information transmittal complies 
        with the applicable requirements of this section, including 
        provisions relating privacy and security.
            ``(3) Nonpartisan, nondiscriminatory provision of 
        services.--The services made available by applicable agencies 
        under this section shall be made in a manner consistent with 
        paragraphs (4), (5), and (6)(C) of section 7(a).
            ``(4) Notices.--
                    ``(A) Electronic notices.--Each State may send 
                notices under this section via electronic mail if the 
                individual has provided an electronic mail address and 
                consented to electronic mail communications for 
                election-related materials.
                    ``(B) Response.--Any notice sent pursuant to this 
                section that requires a response shall offer the 
                individual to whom the notice is sent the opportunity 
                to respond to the notice at no cost to the individual.
            ``(5) Registration at other state offices permitted.--
        Nothing in this section may be construed to prohibit a State 
        from offering voter registration services described in this 
        section at offices of the State other than the State motor 
        vehicle authority.
    ``(f) Applicability.--
            ``(1) In general.--This section shall not apply to an 
        exempt State.
            ``(2) Exempt state.--The term `exempt State' means a State 
        that, under law that is in effect on or after the date of 
        enactment of this Act, either--
                    ``(A) has no voter registration requirement for any 
                voter in the State with respect to a Federal election; 
                or
                    ``(B) operates a system of automatic registration 
                (as defined in subsection (a))--
                            ``(i) at the motor vehicle authority of the 
                        State; or
                            ``(ii) a Permanent Dividend Fund of the 
                        State under which an individual is provided the 
                        opportunity to decline to register to vote--
                                    ``(I) during the transaction; or
                                    ``(II) by notice sent by mail or 
                                electronically after the 
                                transaction.''.
    (b) Conforming Amendments.--
            (1) Section 4(a) of the National Voter Registration Act of 
        1993 (52 U.S.C. 20503(a)(1)) is amended by--
                    (A) redesignating paragraphs (2) and (3) as 
                paragraphs (3) and (4), respectively; and
                    (B) inserting after paragraph (1) the following:
            ``(2) by application made simultaneously with an 
        application for a motor vehicle driver's license pursuant to 
        section 5A;''.
            (2) Section 4(b) of the National Voter Registration Act of 
        1993 (52 U.S.C. 20503(b)) is amended--
                    (A) by redesignating paragraphs (1) and (2) as 
                subparagraphs (A) and (B), respectively, and indenting 
                appropriately;
                    (B) by striking ``States.--This Act'' and inserting 
                ``States.--
            ``(1) In general.--Except as provided in paragraph (2), 
        this Act''; and
                    (C) by adding at the end the following new 
                paragraph:
            ``(2) Application of automatic registration requirements.--
        Section 5A shall apply to a State described in paragraph (1), 
        unless the State is an exempt State as defined in subsection 
        (f)(2) of that section.''.
            (3) Section 8(a)(1) of the National Voter Registration Act 
        of 1993 (52 U.S.C. 20507(a)(1)) is amended by redesignating 
        subparagraphs (B), (C), and (D) as subparagraphs (C), (D), and 
        (E), respectively, and by inserting after subparagraph (A) the 
        following:
                    ``(B) in the case of registration under section 5A, 
                within the period provided in section 5A(b)(2);''.

SEC. 6. VOTER PROTECTION AND SECURITY IN AUTOMATIC REGISTRATION.

    (a) Protections for Errors in Registration.--An individual shall 
not be prosecuted under any Federal or State law, adversely affected in 
any civil adjudication concerning immigration status or naturalization, 
or subject to an allegation in any legal proceeding that the individual 
is not a citizen of the United States for any of the following reasons:
            (1) The individual notifies an election office of the 
        individual's automatic registration to vote.
            (2) The individual is not eligible to vote in elections for 
        Federal office but was automatically registered to vote due to 
        individual or applicable agency error.
            (3) The individual was automatically registered to vote at 
        an address that is not the correct residential address of the 
        individual.
            (4) The individual declined the opportunity to register to 
        vote or did not make an affirmation of citizenship when 
        registering to vote, including through automatic registration.
    (b) Limits on Use of Automatic Registration.--The automatic 
registration (as defined in section 5A of the National Voter 
Registration Act of 1993) of any individual, or the fact that an 
individual declined the opportunity to register to vote or did not make 
an affirmation of citizenship (including through automatic 
registration), may not be used as evidence against that individual in 
any State or Federal law enforcement proceeding or any civil 
adjudication concerning immigration status or naturalization, and the 
lack of knowledge or willfulness of the individual in such registration 
may be demonstrated by the testimony of the individual alone.
    (c) Protection of Election Integrity.--Nothing in subsection (a) or 
(b) shall 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) Protection of Information by Elections Officials.--
            (1) 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), 
        including in electronic form and through electronic methods, 
        all records of changes to voter records, including removals, 
        the reasons for removals, and updates.
            (2) Database management standards.--Not later than 1 year 
        after the date of enactment of this Act, the Director of the 
        National Institute of Standards and Technology, in consultation 
        with State and local election officials representing geographic 
        and socio-economic diversity, and the Election Assistance 
        Commission, shall, after providing the public with notice and 
        the opportunity to comment--
                    (A) establish standards governing the comparison of 
                data for voter registration list maintenance purposes, 
                identifying as part of those standards the specific 
                data elements, the matching rules used, and how 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 under this 
                paragraph are uniform and nondiscriminatory and are 
                applied in a uniform and nondiscriminatory manner;
                    (C) not later than 45 days after the deadline for 
                public notice and comment;
                            (i) publish the standards developed under 
                        this paragraph on the website of the National 
                        Institute of Standards and Technology; and
                            (ii) make the standards developed under 
                        this paragraph available in written form upon 
                        request; and
                    (D) ensure that the standards developed under this 
                paragraph are maintained and updated in a manner that 
                reflects innovations and best practices in the security 
                of database management.
            (3) Security policy.--
                    (A) In general.--Not later than 1 year after the 
                date of enactment of this Act, the Director of the 
                National Institute of Standards and Technology shall, 
                after providing the public with notice and the 
                opportunity to comment, publish privacy and security 
                standards for voter registration information not later 
                than 45 days after the deadline for public notice and 
                comment.
                    (B) Requirement.--The standards developed under 
                this paragraph shall require the chief State election 
                official of each State to adopt a policy that shall 
                specify--
                            (i) each class of users who have authorized 
                        access to the computerized statewide voter 
                        registration list--
                                    (I) specifying for each class the 
                                permission and levels of access to be 
                                granted; and
                                    (II) setting forth other safeguards 
                                to protect the privacy, security, and 
                                accuracy of the information on voter 
                                registration lists; and
                            (ii) security safeguards to protect 
                        personal information transmitted through--
                                    (I) the information transmittal 
                                processes of section 5A(b) of the 
                                National Voter Registration Act of 
                                1993;
                                    (II) any telephone interface;
                                    (III) the maintenance of the voter 
                                registration database; and
                                    (IV) any audit procedure to track 
                                access to the system.
                    (C) Maintenance and updating.--The Director of the 
                National Institute of Standards and Technology shall 
                ensure that the standards developed under this 
                paragraph are maintained and updated in a manner that 
                reflects innovations and best practices in the privacy 
                and security of voter registration information.
            (4) State compliance with national standards.--
                    (A) Certification.--Each chief State election 
                official 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 developed under paragraphs (2) and (3), which 
                requirement may be met if the chief State election 
                official submits to the Election Assistance Commission 
                a statement that states, ``_____ hereby certifies that 
                _____ is in compliance with the standards referred to 
                in paragraphs (2) and (3) of section 6(d) of the 
                Register America to Vote Act of 2022.'', with the blank 
                spaces to be completed with the name of the relevant 
                State.
                    (B) Publication of policies and procedures.--The 
                chief State election official of a State shall--
                            (i) publish on the website of the chief 
                        State election official the policies and 
                        procedures established under this section; and
                            (ii) 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 
                subparagraph (A), it shall not receive any payment 
                under this Act for the upcoming fiscal year in which 
                the State fails to make such certification.
                    (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--
                            (i) for a period of not more than 2 years, 
                        the State shall be permitted to make the 
                        certification notwithstanding that the 
                        legislation has not been enacted on the date on 
                        which the State submits the certification; and
                            (ii) the State shall submit an additional 
                        certification once such legislation is enacted.
    (e) 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, 
juror selection, or enforcement relating to an election crime, any of 
the following:
            (1) Voter registration records.
            (2) The declination of an individual to register to vote or 
        complete an affirmation of citizenship under section 5A of the 
        National Voter Registration Act of 1993.
            (3) The voter registration status of an individual.
    (f) Prohibition on the Use of Voter Registration Information for 
Commercial Purposes.--
            (1) In general.--Information collected under this Act or 
        the amendments made by this Act shall not be used for 
        commercial purposes.
            (2) Dissemination for political purposes.--Nothing in this 
        subsection shall be construed to prohibit the transmission, 
        exchange, or dissemination of information for political 
        purposes, including the support of campaigns for election for 
        Federal, State, or local public office or the activities of 
        political committees (including committees of political 
        parties) under the Federal Election Campaign Act of 1971 (52 
        U.S.C. 30101 et seq.).

SEC. 7. PAYMENTS AND GRANTS.

    (a) In General.--The Election Assistance Commission shall make 
grants to each eligible State under subsection (b) to assist the State 
in implementing the requirements of this Act and the amendments made by 
this Act (or, in the case of an exempt State, in implementing the 
existing automatic voter registration program of the exempt State or 
expanding the automatic voter registration program of the State in a 
manner consistent with the requirements of this Act) with respect to 
the offices of the State motor vehicle authority and any other offices 
of the State at which the State offers voter registration services as 
described in this Act and the amendments made by this Act.
    (b) Eligibility; Application.--A State is eligible to receive a 
grant under this section if the State submits to the Election 
Assistance Commission, at such time and in such form as the Election 
Assistance 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) any other information and assurances as the Election 
        Assistance Commission may require.
    (c) Amount of Grant; Priorities.--
            (1) Amount.--The Commission shall determine the amount of a 
        grant made to an eligible State under this section.
            (2) Priorities.--In determining the amount of a grant, the 
        Election Assistance Commission shall give priority to providing 
        funds for those activities that are most likely to accelerate 
        compliance with the requirements of this Act (or, in the case 
        of an exempt State, that are most likely to enhance the ability 
        of the exempt State to automatically register individuals to 
        vote through the existing automatic voter registration program 
        of the exempt State), including--
                    (A) investments supporting electronic information 
                transfer, including electronic collection and transfer 
                of signatures, between applicable agencies (as defined 
                in section 5A of the National Voter Registration Act of 
                1993) and the appropriate State election officials;
                    (B) updates to online or electronic voter 
                registration systems already operating as of the date 
                of the enactment of this Act;
                    (C) introduction of online voter registration 
                systems in jurisdictions in which those systems did not 
                previously exist; and
                    (D) public education on the availability of new 
                methods of registering to vote, updating registration, 
                and correcting registration.
    (d) Exempt State.--For purposes of this section, the term ``exempt 
State''--
            (1) has the meaning given that term under section 5A(f)(2) 
        of the National Voter Registration Act of 1993; and
            (2) includes a State in which, under law in effect on or 
        after the date of the enactment of the National Voter 
        Registration Act of 1993, there is no voter registration 
        requirement for any voter in the State with respect to an 
        election for Federal office.
    (e) Authorization of Appropriations.--
            (1) Authorization.--There are authorized to be appropriated 
        to carry out this section--
                    (A) $3,000,000,000 for fiscal year 2023; and
                    (B) such sums as may be necessary for each 
                succeeding fiscal year.
            (2) Continuing availability of funds.--Any amounts 
        appropriated pursuant to this subsection shall remain available 
        without fiscal year limitation until expended.

SEC. 8. MISCELLANEOUS PROVISIONS.

    (a) Enforcement.--Section 11 of the National Voter Registration Act 
of 1993 (52 U.S.C. 20510 et seq.), 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 the National 
Voter Registration Act of 1993 (52 U.S.C. 20510 et seq.).
    (b) Relation to Other Laws.--Except as provided, nothing in this 
Act or the amendments made by 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) Except as provided by the amendment made under section 
        5 of this Act, 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.).
            (5) The Americans with Disabilities Act of 1990 (42 U.S.C. 
        12101 et seq.).

SEC. 9. EFFECTIVE DATE.

    (a) In General.--Except as provided in subsection (b), this Act and 
the amendments made by this Act shall apply on and after January 1, 
2024.
    (b) Waiver.--If a State certifies to the Elections Assistance 
Commission not later than January 1, 2024, that the State will not meet 
the deadline described in subsection (a) because it would be 
impracticable to do so and includes in the certification the reasons 
for the failure to meet that deadline, subsection (a) shall apply to 
the State as if the reference in such subsection to ``January 1, 2024'' 
were a reference to ``January 1, 2026''.
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