[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 459 Introduced in Senate (IS)]

<DOC>






117th CONGRESS
  1st Session
                                 S. 459

   To amend the National Voter Registration Act of 1993 and the Help 
 America Vote Act of 2002 to promote integrity in voter registration, 
the casting of ballots, and the tabulation of ballots in elections for 
                Federal office, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 25, 2021

 Mr. Scott of Florida (for himself, Mrs. Hyde-Smith, Mr. Barrasso, and 
  Ms. Lummis) introduced the following bill; which was read twice and 
         referred to the Committee on Rules and Administration

_______________________________________________________________________

                                 A BILL


 
   To amend the National Voter Registration Act of 1993 and the Help 
 America Vote Act of 2002 to promote integrity in voter registration, 
the casting of ballots, and the tabulation of ballots in elections for 
                Federal office, 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; FINDINGS.

    (a) Short Title.--This Act may be cited as the ``Save Democracy 
Act''.
    (b) Findings.--Congress finds the following:
            (1) Congress recognizes that the legitimacy of the United 
        States representative democracy rests on the integrity of our 
        Federal elections and confidence our citizens have in them.
            (2) Consistent with article I, section 4, clause 1 of the 
        Constitution of the United States and the principles of 
        federalism, primary authority to regulate Federal elections is 
        reserved to the States, while Congress' role is secondary.
            (3) While exercising its primary role in determining the 
        manner in which Federal elections shall be carried out, States 
        must seek to protect the fairness, accessibility, and integrity 
        of the elections.
            (4) Congress should limit its secondary role in regulating 
        Federal elections to instances in which State regulation of 
        Federal elections has contributed to or proven unsuccessful in 
        preventing impropriety.

SEC. 2. INTEGRITY IN VOTER REGISTRATION.

    (a) Prohibiting Automatic Voter Registration.--Section 8 of the 
National Voter Registration Act of 1993 (52 U.S.C. 20507) is amended--
            (1) by redesignating subsection (j) as subsection (k); and
            (2) by inserting after subsection (i) the following new 
        subsection:
    ``(j) Prohibiting Registration Pursuant to Automatic Voter 
Registration System.--
            ``(1) Prohibition.--A State may not register an individual 
        to vote in elections for Federal office pursuant to an 
        automatic voter registration system.
            ``(2) Definition.--In this subsection, an `automatic voter 
        registration system' means, with respect to a State, a system 
        that registers an individual to vote in elections for Federal 
        office in the State, if eligible, by electronically 
        transferring the information necessary for registration from 
        government agencies to election officials of the State so that, 
        unless the individual affirmatively declines to be registered, 
        the individual will be registered to vote in such elections.''.
    (b) Prohibiting Registration To Vote of Individuals Who Fail To 
Provide Proof of United States Citizenship.--Section 8 of the National 
Voter Registration Act of 1993 (52 U.S.C. 20507), as amended by 
subsection (a), is amended--
            (1) by redesignating subsection (k) as subsection (l); and
            (2) by inserting after subsection (j) the following new 
        subsection:
    ``(k) Prohibiting Registration of Individuals Not Providing Proof 
of United States Citizenship.--
            ``(1) Prohibition.--Notwithstanding any other provision of 
        this Act, a State may not register an individual to vote in 
        elections for Federal office held in the State unless, at the 
        time the individual applies to register to vote, the individual 
        provides documentary proof that the individual is a citizen of 
        the United States, which shall consist of any of the following 
        (or a photocopy thereof):
                    ``(A) A certified birth certificate issued by a 
                State or unit of local government in a State.
                    ``(B) A valid United States passport.
                    ``(C) A Consular Report of Birth Abroad issued by 
                the Secretary of State.
                    ``(D) A Naturalization Certificate or Certificate 
                of Citizenship issued by the Secretary of Homeland 
                Security.
            ``(2) Applicability.--Paragraph (1) applies with respect to 
        an individual who applies to register to vote under section 5, 
        6, or 7 (including an individual who submits the mail voter 
        registration application form prescribed by the Election 
        Assistance Commission pursuant to section 9), or who applies 
        under any other method of voter registration available in the 
        State.''.
    (c) Requiring Applicants for Voter Registration To Provide Full 
Social Security Numbers.--
            (1) Requirement.--Section 303(a)(5)(A) of the Help America 
        Vote Act of 2002 (52 U.S.C. 21083(a)(5)(A)) is amended to read 
        as follows:
                    ``(A) Requiring applicants to provide full social 
                security number.--Notwithstanding any other provision 
                of law, an application for voter registration for an 
                election for Federal office may not be accepted or 
                processed by a State unless the application includes 
                the applicant's full Social Security number.''.
            (2) Conforming amendment relating to certain voters 
        registering by mail.--Section 303(b)(3)(B)(i) of such Act (52 
        U.S.C. 21083(b)(3)(B)(i)) is amended by striking ``either--'' 
        and all that follows through ``; and'' and inserting ``the 
        individual's full Social Security number; and''.
            (3) Conforming amendment relating to waiver of privacy 
        act.--Section 303(c) of such Act (52 U.S.C. 21083(c)) is 
        amended to read as follows:
    ``(c) Permitted Use of Social Security Numbers.--Section 7 of the 
Privacy Act of 1974 (5 U.S.C. 552a note) does not apply to the use of a 
Social Security number under subsection (a)(5)(A) or subsection 
(b)(3)(B)(i).''.
    (d) Ensuring Provision of Information to State Election Officials 
on Individuals Recused From Jury Service on Grounds of 
Noncitizenship.--
            (1) Requiring state election officials to coordinate 
        information on recusal as part of maintenance of statewide 
        voter registration list.--Subparagraph (A) of section 303(a)(2) 
        of the Help America Vote Act of 2002 (52 U.S.C. 21083(a)(2)) is 
        amended--
                    (A) by redesignating clause (iii) as clause (iv); 
                and
                    (B) by inserting after clause (ii) the following 
                new clause:
                            ``(iii) For purposes of removing names of 
                        ineligible voters from the official list of 
                        eligible voters by reason of citizenship 
                        status, the State shall coordinate the 
                        computerized list with records of courts which 
                        have recused individuals from serving on a jury 
                        on the grounds that the individuals are not 
                        citizens of the United States.''.
            (2) Requiring notification by courts.--
                    (A) Requirement described.--If a United States 
                district court or a court of any State or local 
                jurisdiction recuses an individual from serving on a 
                jury on the grounds that the individual is not a 
                citizen of the United States, the court shall transmit 
                a notice of the individual's recusal--
                            (i) to the chief State election official of 
                        the State in which the individual resides; and
                            (ii) to the Attorney General.
                    (B) Definitions.--For purposes of this subsection--
                            (i) the ``chief State election official'' 
                        of a State is 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; and
                            (ii) the term ``State'' means each of the 
                        several States, the District of Columbia, the 
                        Commonwealth of Puerto Rico, American Samoa, 
                        Guam, the United States Virgin Islands, and the 
                        Commonwealth of the Northern Mariana Islands.
    (e) Effective Date.--This section and the amendments made by this 
section shall take effect on the date of the enactment of this Act, and 
shall apply with respect to applications for voter registration which 
are submitted on or after such date.

SEC. 3. INTEGRITY IN CASTING OF BALLOTS.

    (a) Promoting Integrity in Casting of Ballots.--Title III of the 
Help America Vote Act of 2002 (52 U.S.C. 21081 et seq.) is amended--
            (1) by redesignating sections 304 and 305 as sections 305 
        and 306; and
            (2) by inserting after section 303 the following new 
        section:

``SEC. 304. PROMOTING INTEGRITY IN CASTING OF BALLOTS.

    ``(a) Requiring Provision of Identification as Condition of 
Voting.--
            ``(1) Individuals voting in person.--Notwithstanding any 
        other provision of law, the appropriate State or local election 
        official may not provide a ballot for an election for Federal 
        office to an individual who desires to vote in person unless 
        the individual presents to the official a current and valid 
        identification.
            ``(2) Individuals voting other than in person.--
        Notwithstanding any other provision of law, the appropriate 
        State or local election official may not accept any ballot for 
        an election for Federal office provided by an individual who 
        votes other than in person unless the individual submits with 
        the ballot a copy of a current and valid identification.
            ``(3) Current and valid identification defined.--In this 
        subsection, a `current and valid identification' means a 
        current and valid version of any of the following:
                    ``(A) An identification issued by a State or a unit 
                of local government in a State.
                    ``(B) A United States passport.
                    ``(C) A military identification card.
                    ``(D) An identification issued by a tribal 
                government.
    ``(b) Prohibiting Delivery of Ballots by Mail Unless Requested.--A 
State may not deliver a ballot in an election for Federal office to an 
individual by mail unless the individual requests that the State 
deliver the ballot to the individual by mail.
    ``(c) Prohibiting Use of Drop Boxes for Collection of Ballots.--A 
State may not use a drop box for the collection of voted absentee 
ballots in an election for Federal office unless the drop box is 
located inside a building which serves as an office for a State or 
local election official.
    ``(d) Restrictions on Delivery of Voted Ballots by Third Parties.--
A State may not accept a voted absentee ballot in an election for 
Federal office which is delivered in person to an election official by 
any individual other than the voter to whom the ballot was transmitted, 
other than an individual described as follows:
            ``(1) An election official while engaged in official duties 
        as authorized by law.
            ``(2) An employee of the United States Postal Service while 
        engaged in official duties as authorized by law.
            ``(3) Any other individual who is allowed by law to collect 
        and transmit United States mail, while engaged in official 
        duties as authorized by law.
    ``(e) Prohibiting Acceptance of Absentee Ballots Received After 
Date of Election.--A State may not accept a voted absentee ballot in an 
election for Federal office which is not received by the appropriate 
State or local election official prior to the time at which the polls 
in the election close on the date of the election.
    ``(f) Use of Social Security Numbers To Cross-Check Identifications 
of Individuals Casting Ballots in an Election With Individuals 
Registered To Vote in the Election.--
            ``(1) Requirement.--Immediately upon the closing of the 
        polls in an election for Federal office, each State shall 
        verify the identification of each individual who cast a ballot 
        in the election by carrying out a cross-check of the 
        individual's identification with the individual's 
        identification in the official list of individuals who are 
        registered to vote in the election, using the individual's full 
        Social Security number as the method for determining the 
        individual's identification.
            ``(2) Report to congress.--Not later than 7 days after the 
        closing of the polls in an election for Federal office, the 
        State shall submit to the Committee on House Administration of 
        the House of Representatives and the Committee on Rules and 
        Administration of the Senate a report on the State's compliance 
        with subsection (a), and shall include in the report--
                    ``(A) the percentage of individuals who cast votes 
                in the election whose identifications were verified by 
                the State under such subsection; and
                    ``(B) the number of individuals who cast votes in 
                the election, or who attempted to cast votes in the 
                election, whose identifications could not be verified 
                by the State under such subsection.
    ``(g) Exception for Absent Military and Overseas Voters.--This 
section does not apply with respect to any individual who is entitled 
to vote by absentee ballot under the Uniformed and Overseas Citizens 
Absentee Voting Act (52 U.S.C. 20301 et seq.).
    ``(h) Effective Date.--This section shall apply with respect to the 
regularly scheduled general election for Federal office held in 2022 
and any succeeding election for Federal office.''.
    (b) Conforming Amendment Relating to Existing Identification 
Requirements.--Section 303 of such Act (52 U.S.C. 21083) is amended--
            (1) by striking subsection (b); and
            (2) in subsection (c), as amended by section 2(c)(3), by 
        striking ``or subsection (b)(3)(B)(i)''.
    (c) Conforming Amendment Relating to Enforcement.--Section 401 of 
such Act (52 U.S.C. 21111) is amended by striking ``and 303'' and 
inserting ``303, and 304''.
    (d) Clerical Amendment.--The table of contents of such Act is 
amended--
            (1) by redesignating the items relating to sections 304 and 
        305 as relating to sections 305 and 306; and
            (2) by inserting after the item relating to section 303 the 
        following:

``Sec. 304. Promoting integrity in casting of ballots.''.

SEC. 4. INTEGRITY IN TABULATION OF BALLOTS.

    (a) Promoting Integrity.--Title III of the Help America Vote Act of 
2002 (52 U.S.C. 21081 et seq.), as amended by section 3(a), is 
amended--
            (1) by redesignating sections 305 and 306 as sections 306 
        and 307; and
            (2) by inserting after section 304 the following new 
        section:

``SEC. 305. PROMOTING INTEGRITY IN TABULATION OF BALLOTS.

    ``(a) Minimum Presence of Election Observers.--The appropriate 
State or local election official shall permit at least 2 
representatives of each candidate appearing on the ballot in a general 
election for Federal office to observe the tabulation of the ballots in 
the election.
    ``(b) Continuous Tabulation of Ballots Until Completion.--
            ``(1) In general.--Upon the closing of the polls on the 
        date of an election for Federal office, the appropriate State 
        or local election official shall continue the tabulation of the 
        ballots cast in the election without interruption (other than 
        an interruption caused by an emergency affecting the health or 
        safety of the election officials carrying out the tabulation) 
        until each lawfully cast ballot has been tabulated.
            ``(2) Exception for provisional ballots.--Paragraph (1) 
        does not apply with respect to the tabulation of any 
        provisional ballot cast in the election.
    ``(c) Post-Election Audit.--Not later than 30 days after each 
election for Federal office held in the State, each State shall conduct 
and publish an audit of the effectiveness and accuracy of the voting 
systems used to carry out the election and the performance of the State 
and local election officials who carried out the election.
    ``(d) Effective Date.--This section shall apply with respect to the 
regularly scheduled general election for Federal office held in 2022 
and any succeeding election for Federal office.''.
    (b) Conforming Amendment Relating to Enforcement.--Section 401 of 
such Act (52 U.S.C. 21111), as amended by section 3(c), is amended by 
striking ``and 304'' and inserting ``304, and 305''.
    (c) Clerical Amendment.--The table of contents of such Act, as 
amended by section 3(d), is amended--
            (1) by redesignating the items relating to sections 305 and 
        306 as relating to section 306 and 307; and
            (2) by inserting after the item relating to section 304 the 
        following new item:

``Sec. 305. Promoting integrity in tabulation of ballots.''.
                                 <all>