[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 2971 Introduced in Senate (IS)]

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118th CONGRESS
  1st Session
                                S. 2971

 To remove barriers to the ability of unhoused individuals to register 
    to vote and vote in elections for Federal office, and for other 
                               purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

           September 28 (legislative day, September 22), 2023

   Mr. Booker (for himself, Ms. Warren, Mr. Padilla, and Ms. Hirono) 
introduced the following bill; which was read twice and referred to the 
                 Committee on Rules and Administration

_______________________________________________________________________

                                 A BILL


 
 To remove barriers to the ability of unhoused individuals to register 
    to vote and vote 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Unhoused Voter 
Opportunity Through Elections Act'' or the ``Unhoused VOTE Act''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
              TITLE I--VOTING RIGHTS OF UNHOUSED CITIZENS

Sec. 101. Voting rights of unhoused citizens.
Sec. 102. Enforcement.
Sec. 103. Relationship to Voting Rights Act of 1965.
Sec. 104. Definitions.
   TITLE II--PROTECTIONS AND BEST PRACTICES FOR PROTECTING ACCESS TO 
         VOTING AND VOTER REGISTRATION FOR UNHOUSED INDIVIDUALS

Sec. 201. Description of protections.
Sec. 202. Special requirements for voter registration.
Sec. 203. Inclusion of information on voter registration and voting in 
                            surveys conducted by recipients of HUD 
                            homeless assistance.
 TITLE III--GRANTS TO SUPPORT ACCESS TO VOTING FOR UNHOUSED INDIVIDUALS

Sec. 301. Grant program described.
Sec. 302. Eligibility.
Sec. 303. Definition.
Sec. 304. Authorization of appropriations.
                      TITLE IV--GENERAL PROVISIONS

Sec. 401. State defined.
Sec. 402. Effective date.

              TITLE I--VOTING RIGHTS OF UNHOUSED CITIZENS

SEC. 101. VOTING RIGHTS OF UNHOUSED CITIZENS.

    No voting qualification or prerequisite to voting, or standard, 
practice, or procedure shall be imposed or applied by any State or 
political subdivision to deny or abridge the right of any citizen of 
the United States to vote because that citizen resides at or in a 
nontraditional abode.

SEC. 102. ENFORCEMENT.

    (a) Action by Attorney General.--The Attorney General may commence 
in the name of the United States a civil action (including an action 
against a State or political subdivision) for declaratory or injunctive 
relief against a violation of this title.
    (b) Private Right of Action.--A person who is aggrieved by an 
alleged violation of this title may bring a civil action in an 
appropriate district court for declaratory or injunctive relief with 
respect to the violation.

SEC. 103. RELATIONSHIP TO VOTING RIGHTS ACT OF 1965.

    Nothing in this title may be construed to impair any right 
guaranteed by the Voting Rights Act of 1965 (52 U.S.C. 10101 et seq.).

SEC. 104. DEFINITIONS.

    As used in this title, the term ``nontraditional abode'' includes--
            (1) a supervised publicly or privately operated shelter 
        designed to provide temporary living accommodations (including 
        welfare hotels, congregate shelters, transitional housing, 
        substance abuse treatment facilities);
            (2) a public or private place not designated for, or 
        ordinarily used as, regular sleeping accommodation for human 
        beings;
            (3) any location in which, because an individual resides in 
        the location, the individual is considered to be a homeless 
        individual for purposes of section 103 of the McKinney-Vento 
        Homeless Assistance Act (42 U.S.C. 11302); and
            (4) in the case of a State in which an individual 
        incarcerated in a prison is eligible to register to vote and 
        vote in elections for public office, a prison.

   TITLE II--PROTECTIONS AND BEST PRACTICES FOR PROTECTING ACCESS TO 
         VOTING AND VOTER REGISTRATION FOR UNHOUSED INDIVIDUALS

SEC. 201. DESCRIPTION OF PROTECTIONS.

    (a) Description.--Title III of the Help America Vote Act of 2002 
(52 U.S.C. 21081 et seq.) is amended by adding at the end the following 
new subtitle:

        ``Subtitle C--Access to Voting for Unhoused Individuals

``SEC. 321. PROMOTING USE OF DROP BOXES BY UNHOUSED INDIVIDUALS.

    ``(a) Drop Box Accessibility.--If a jurisdiction responsible for 
the administration of an election for Federal office in a State permits 
individuals to drop off voted ballots in the election in drop boxes, 
the jurisdiction shall ensure that the drop boxes are available for in-
person use and are accessible and clearly labeled.
    ``(b) Applying Criteria Based on Greatest Access by Unhoused 
Individuals.--In establishing the location, number, and time of 
operation of the drop boxes described in subsection (a), the 
appropriate election official of a jurisdiction which is subject to 
such subsection shall take into account the need to provide access to 
such drop boxes by unhoused individuals, based on consultation with 
persons who provide services for unhoused individuals and other 
relevant stakeholders.

``SEC. 322. ACCEPTANCE OF CERTAIN DOCUMENTATION OF RESIDENCE AND 
              IDENTIFICATION.

    ``(a) Residence.--
            ``(1) Attestation.--If a State imposes a requirement that 
        an individual who desires to vote in an election for Federal 
        office in the State provide the appropriate election official 
        with documentation of the individual's residence, the State 
        shall consider the individual to meet that requirement if the 
        individual provides the official with a written attestation of 
        the individual's residence, signed under penalty of perjury.
            ``(2) Use of shelter as residence for voting purposes.--A 
        State may not prohibit an individual who is residing in a 
        homeless shelter from using the shelter as the individual's 
        residence for purposes of voting in an election for Federal 
        office which is held in the jurisdiction in which the shelter 
        is located.
    ``(b) Identification Issued by Entities of Criminal Justice 
System.--If a State imposes a requirement that an individual who 
desires to vote in an election for Federal office in the State provide 
the appropriate election official with documentation of the 
individual's identification, the State shall consider the individual to 
meet the requirement if the individual provides the official with a 
document containing the individual's name which is issued by an entity 
of the criminal justice system, including a correctional facility, 
court, probation officer, or parole officer.

``SEC. 323. OUTREACH TO UNHOUSED INDIVIDUALS.

    ``(a) Information on Websites of Election Officials.--
            ``(1) Information required.--The chief State election 
        official shall ensure that the official public website of each 
        election official of the State includes an accessible, clear, 
        and separate hyperlink to simple information on how unhoused 
        individuals may register to vote and vote in elections for 
        Federal office held in the State.
            ``(2) Availability in language other than english.--If a 
        State or political subdivision is required under section 203 of 
        the Voting Rights Act of 1965 (52 U.S.C. 10503) to provide 
        voting materials in a language other than English, the 
        appropriate election official shall ensure that the information 
        provided under paragraph (1) is provided in that language as 
        well as English.
    ``(b) Notification.--
            ``(1) Voter registration deadlines.--Not later than 60 days 
        prior to the deadline for registering to vote in an election 
        for Federal office held in a State, the chief State election 
        official shall send a notification of the deadline to each 
        homeless shelter in a jurisdiction of the State in which the 
        election will be held, local social services agencies which 
        commonly serve unhoused individuals, and other entities which 
        provide services to a significant population of unhoused 
        individuals in the jurisdiction.
            ``(2) Dates of elections.--Not later than 30 days prior to 
        the date of an election for Federal office, the chief State 
        election official shall send a notification of the election to 
        each homeless shelter in a jurisdiction of the State in which 
        the election will be held, along with the other agencies and 
        entities to whom the chief State election official sent notice 
        of the registration deadline under paragraph (1).

``SEC. 324. DEVELOPMENT OF BEST PRACTICES.

    ``(a) Development and Publication.--In consultation with the United 
States Interagency Council on Homelessness, the Commission shall 
develop and regularly update recommendations for the best practices for 
State and local election officials to follow to protect and promote the 
access of unhoused individuals to voter registration and voting in 
elections for Federal office.
    ``(b) Specific Elements.--The Commission shall include in the best 
practices developed and updated under this section--
            ``(1) methods to ensure that unhoused individuals are aware 
        of the procedures and locations for registering to vote and 
        voting;
            ``(2) methods to help election officials comply with 
        requirements for providing access to voter registration and 
        voting for people with disabilities, including requirements 
        established and enforced by the Department of Justice;
            ``(3) methods to train election officials, including poll 
        workers, in recognizing and responding to the challenges faced 
        by unhoused individuals in registering to vote and voting;
            ``(4) methods to ensure that individuals who are not 
        eligible to register to vote, including individuals who are not 
        citizens of the United States, and individuals who are eligible 
        but who do not wish to register to vote are not denied access 
        to services provided by homeless shelters and local social 
        services agencies which commonly serve unhoused individuals; 
        and
            ``(5) such other practices as the Commission considers 
        appropriate.
    ``(c) Consultation.--In developing and updating the best practices 
under this section, the Commission shall consult with individuals who 
have experience in being unhoused and with homeless shelters and local 
social services agencies which commonly serve unhoused individuals, 
including shelters and agencies with experience in serving unhoused 
individuals who are not citizens of the United States.
    ``(d) Deadline.--The Commission shall develop the first set of best 
practices under this section not later than 180 days after the date of 
the enactment of the Unhoused VOTE Act.

``SEC. 325. DEFINITIONS.

    ``In this subtitle--
            ``(1) the term `homeless shelter' means an emergency 
        shelter under section 321 of the McKinney-Vento Homeless 
        Assistance Act (42 U.S.C. 11351); and
            ``(2) the term `unhoused individual' means a homeless 
        individual, as defined in section 103 of such Act (42 U.S.C. 
        11302).''.
    (b) Conforming Amendment Relating to Enforcement.--Section 401 of 
such Act (52 U.S.C. 21111) is amended by striking the period at the end 
and inserting ``, and subtitle C of title III.''.
    (c) Clerical Amendment.--The table of contents of such Act is 
amended by adding at the end of the items relating to title III the 
following:

        ``Subtitle C--Access to Voting for Unhoused Individuals

``Sec. 321. Promoting use of drop boxes by unhoused individuals.
``Sec. 322. Acceptance of certain documentation of residence and 
                            identification.
``Sec. 323. Outreach to unhoused individuals.
``Sec. 324. Development of best practices.
``Sec. 325. Definitions.''.

SEC. 202. SPECIAL REQUIREMENTS FOR VOTER REGISTRATION.

    (a) Treatment of Shelters as Voter Registration Agencies.--Section 
7(a)(2) of the National Voter Registration Act of 1993 (52 U.S.C. 
20506(a)(2)) is amended--
            (1) by striking ``and'' at the end of subparagraph (A);
            (2) by striking the period at the end of subparagraph (B) 
        and inserting ``; and''; and
            (3) by adding at the end the following new subparagraph:
            ``(C) all emergency shelters in the State under section 321 
        of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 
        11351).''.
    (b) Permitting Applicants To Mark Location of Residence on Federal 
Voter Registration Application Forms and Alternative Forms Used by 
States.--Section 9(b) of the National Voter Registration Act of 1993 
(52 U.S.C. 20508(b)) is amended--
            (1) by striking ``and'' at the end of paragraph (3);
            (2) by striking the period at the end of paragraph (4) and 
        inserting ``; and''; and
            (3) by adding at the end the following new paragraph:
            ``(5) include a drawing of an intersection on which the 
        applicant may mark by hand the location of the applicant's 
        residence, including by writing in the names of the crossroads 
        on the drawing and indicating any nearby landmarks.''.
    (c) Permitting Unhoused Applicants To Use Unsheltered Street 
Location as Address.--Section 8(a) of such Act (52 U.S.C. 20507(a)) is 
amended--
            (1) by striking ``and'' at the end of paragraph (5);
            (2) by striking the period at the end of paragraph (6) and 
        inserting ``; and''; and
            (3) by adding at the end the following new paragraph:
            ``(7) permit an applicant who is an unhoused individual 
        (defined for purposes of this paragraph as a homeless 
        individual under section 103 of the McKinney-Vento Homeless 
        Assistance Act (42 U.S.C. 11302)) to use an unsheltered street 
        location as the individual's place of residence for purposes of 
        the application.''.

SEC. 203. INCLUSION OF INFORMATION ON VOTER REGISTRATION AND VOTING IN 
              SURVEYS CONDUCTED BY RECIPIENTS OF HUD HOMELESS 
              ASSISTANCE.

    Section 402(f)(3) of the McKinney-Vento Homeless Assistance Act (42 
U.S.C. 11360a(f)(3)) is amended--
            (1) by striking ``and'' at the end of subparagraph (C);
            (2) by redesignating subparagraph (D) as subparagraph (E); 
        and
            (3) by inserting after subparagraph (C) the following new 
        subparagraph:
                    ``(D) collects information on the extent to which 
                individuals experiencing homelessness are able to 
                register to vote and vote in elections for Federal 
                office; and''.

 TITLE III--GRANTS TO SUPPORT ACCESS TO VOTING FOR UNHOUSED INDIVIDUALS

SEC. 301. GRANT PROGRAM DESCRIBED.

    (a) In General.--The Election Assistance Commission shall make 
grants to eligible States and units of local government for programs 
and activities, such as operating mobile voting centers and providing 
direct outreach to unhoused individuals, to support the access of 
unhoused individuals to registering to vote and voting in elections for 
Federal office.
    (b) Use of Funds for Grants to Private Entities.--A State or unit 
of local government which receives a grant under this title may use the 
funds provided by the grant to enter into contracts with private 
entities with experience in providing assistance to unhoused 
individuals to provide services to such individuals which will assist 
them in registering to vote and voting in elections for Federal office.

SEC. 302. ELIGIBILITY.

    (a) In General.--A State or unit of local government is eligible to 
receive a grant under this title if the State or unit submits to the 
Election Assistance Commission, at such time and in such form as the 
Commission may require, such information and assurances as the 
Commission may require, including assurances that the State or 
political subdivision has a plan to engage stakeholders with a 
demonstrated experience of serving unhoused individuals.
    (b) Special Condition Regarding Protection of Documents.--In order 
to be eligible to receive a grant under this title, a State or unit of 
local government shall include with the information and assurances 
required under subsection (a) specific information and assurances that 
if funds provided by the grant are used to produce documents for the 
use of unhoused individuals, including under a contract with a private 
entity as described in section 301(b), the documents will be produced 
in a manner which ensures that they will remain readable and usable 
even if they are subject to extended exposure to the elements.

SEC. 303. DEFINITION.

    In this title, the term ``unhoused individual'' means a homeless 
individual, as defined in section 103 of the McKinney-Vento Homeless 
Assistance Act (42 U.S.C. 11302).

SEC. 304. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to carry out this title 
such sums as may be necessary for fiscal year 2024 and each succeeding 
fiscal year.

                      TITLE IV--GENERAL PROVISIONS

SEC. 401. STATE DEFINED.

    In this Act, the term ``State'' means each of the several States, 
the District of Columbia, the Commonwealth of Puerto Rico, Guam, 
American Samoa, the United States Virgin Islands, and the Commonwealth 
of the Northern Mariana Islands.

SEC. 402. EFFECTIVE DATE.

    Except as otherwise provided, this Act and the amendments made by 
this Act shall apply with respect to elections for Federal office 
beginning 6 months after the date of the enactment of this Act.
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