[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2842 Introduced in Senate (IS)]

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118th CONGRESS
  1st Session
                                S. 2842

To amend the National Voter Registration Act of 1993 to clarify that a 
  State may not use an individual's failure to vote as the basis for 
 initiating the procedures provided under such Act for the removal of 
the individual from the official list of registered voters in the State 
on the grounds that the individual has changed residence, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           September 19, 2023

Ms. Klobuchar (for herself, Mr. King, Mrs. Gillibrand, Mr. Padilla, Mr. 
 Blumenthal, Ms. Warren, Mr. Wyden, Mr. Kaine, Mr. Merkley, Ms. Smith, 
Mr. Booker, Mr. Sanders, Mr. Murphy, Ms. Hirono, Mr. Markey, Mr. Casey, 
Mr. Van Hollen, Mr. Brown, Mr. Menendez, and Mrs. Feinstein) 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 to clarify that a 
  State may not use an individual's failure to vote as the basis for 
 initiating the procedures provided under such Act for the removal of 
the individual from the official list of registered voters in the State 
on the grounds that the individual has changed residence, 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 ``Stop Automatically Voiding Eligible 
Voters Off Their Enlisted Rolls in States Act'' or the ``Save Voters 
Act''.

SEC. 2. PURPOSE.

    The purposes of this Act are--
            (1) to prohibit States from removing individuals from an 
        official list of registered voters due to changes in residence; 
        and
            (2) to protect the right to vote by allowing voters who are 
        automatically registered or had previously registered to vote 
        in a State to update their address through the day of the 
        election.

SEC. 3. CONDITIONS FOR REMOVAL OF VOTERS FROM LIST OF REGISTERED 
              VOTERS.

    (a) Conditions Described.--The National Voter Registration Act of 
1993 (52 U.S.C. 20501 et seq.) is amended by inserting after section 8 
the following new section:

``SEC. 8A. CONDITIONS FOR REMOVAL OF VOTERS FROM OFFICIAL LIST OF 
              REGISTERED VOTERS.

    ``(a) Verification on Basis of Objective and Reliable Evidence of 
Ineligibility.--
            ``(1) Requiring verification.--Notwithstanding any other 
        provision of this Act, a State may not remove the name of any 
        registrant from the official list of voters eligible to vote in 
        elections for Federal office in the State unless the State 
        verifies, on the basis of objective and reliable evidence, that 
        the registrant is ineligible to vote in such elections.
            ``(2) Factors not considered as objective and reliable 
        evidence of ineligibility.--For purposes of paragraph (1), 
        except as permitted under section 8(d) after a notice described 
        in paragraph (2) of such section has been sent, the following 
        factors, or any combination thereof, shall not be treated as 
        objective and reliable evidence of a registrant's ineligibility 
        to vote:
                    ``(A) The failure of the registrant to vote in any 
                election.
                    ``(B) The failure of the registrant to respond to 
                any election mail, unless the election mail has been 
                returned as undeliverable.
                    ``(C) The failure of the registrant to take any 
                other action with respect to voting in any election or 
                with respect to the registrant's status as a 
                registrant.
            ``(3) Removal based on official records.--
                    ``(A) In general.--Nothing in this section shall 
                prohibit a State from removing a registrant from the 
                official list of eligible voters in elections for 
                Federal office if, on the basis of official records 
                maintained by the State, a State or local election 
                official knows, on the basis of objective and reliable 
                evidence, that the registrant has--
                            ``(i) died; or
                            ``(ii) permanently moved out of the State 
                        and is no longer eligible to vote in the State.
                    ``(B) Opportunity to demonstrate eligibility.--The 
                State shall provide a voter removed from the official 
                list of eligible voters in elections for Federal office 
                under this paragraph an opportunity to demonstrate that 
                the registrant is eligible to vote and be reinstated on 
                the official list of eligible voters in elections for 
                Federal office in the State.
    ``(b) Notice After Removal.--
            ``(1) Notice to individual removed.--
                    ``(A) In general.--Not later than 48 hours after a 
                State removes the name of a registrant from the 
                official list of eligible voters, the State shall send 
                notice of the removal to the former registrant, and 
                shall include in the notice the grounds for the removal 
                and information on how the former registrant may 
                contest the removal or be reinstated, including a 
                telephone number for the appropriate election official.
                    ``(B) Exceptions.--Subparagraph (A) does not apply 
                in the case of a registrant--
                            ``(i) who sends written confirmation to the 
                        State that the registrant is no longer eligible 
                        to vote in the registrar's jurisdiction in 
                        which the registrant was registered; or
                            ``(ii) who is removed from the official 
                        list of eligible voters by reason of the death 
                        of the registrant.
            ``(2) Public notice.--Not later than 48 hours after 
        conducting any general program to remove the names of 
        ineligible voters from the official list of eligible voters (as 
        described in section 8(a)(4)), the State shall disseminate a 
        public notice through such methods as may be reasonable to 
        reach the general public (including by publishing the notice in 
        a newspaper of wide circulation and posting the notice on the 
        websites of the appropriate election officials) that list 
        maintenance is taking place and that registrants should check 
        their registration status to ensure no errors or mistakes have 
        been made. The State shall ensure that the public notice 
        disseminated under this paragraph is in a format that is 
        reasonably convenient and accessible to voters with 
        disabilities, including voters who have low vision or are 
        blind.''.
    (b) Conditions for Transmission of Notices of Removal.--Section 
8(d) of such Act (52 U.S.C. 20507(d)) is amended by adding at the end 
the following new paragraph:
            ``(4) A State may not transmit a notice to a registrant 
        under this subsection unless the State obtains objective and 
        reliable evidence (in accordance with the standards for such 
        evidence which are described in section 8A(a)(2)) that the 
        registrant has changed residence to a place outside the 
        registrar's jurisdiction in which the registrant is 
        registered.''.
    (c) Conforming Amendments.--
            (1) National voter registration act of 1993.--Section 8(a) 
        of such Act (52 U.S.C. 20507(a)) is amended--
                    (A) in paragraph (3), by striking ``provide'' and 
                inserting ``subject to section 8A, provide''; and
                    (B) in paragraph (4), by striking ``conduct'' and 
                inserting ``subject to section 8A, conduct''.
            (2) Help america vote act of 2002.--Section 303(a)(4)(A) of 
        the Help America Vote Act of 2002 (52 U.S.C. 21083(a)(4)(A)) is 
        amended by striking ``registrants'' the second place it appears 
        and inserting ``and subject to section 8A of such Act, 
        registrants''.
    (d) Effective Date.--The amendments made by this section shall take 
effect on the date of the enactment of this Act.

SEC. 4. STATE REGISTRATION PORTABILITY.

    (a) In General.--Section 8(e) of the National Voter Registration 
Act of 1993 (52 U.S.C. 20507(e)) is amended to read as follows:
    ``(e) Procedure for Voting Following Failure To Return Card.--
Notwithstanding failure to notify the registrar of the change of 
address prior to the date of an election, a registrant who has moved 
from an address in the State to an address in the same State shall, 
upon oral or written affirmation by the registrant of the change of 
address before an election official, be permitted to vote (at the 
option of the voter)--
            ``(1) at the polling place of the registrant's current 
        address; or
            ``(2) at a central location within the same registrar's 
        jurisdiction.''.
    (b) Effective Date.--The amendment made by this section shall take 
effect on the date of the enactment of this Act.
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