[Congressional Record Volume 151, Number 18 (Thursday, February 17, 2005)]
[Senate]
[Pages S1625-S1629]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
By Mr. McCONNELL (for himself and Mr. Bond):
S. 414. A bill to amend the Help America Vote Act of 2002 to protect
the right of Americans to vote through the prevention of voter fraud,
and for other purposes; to the Committee on Rules and Administration.
Mr. McCONNELL. Mr. President, I rise today to introduce the Voter
Protection Act of 2005, and I am pleased to be joined again by my good
friend from Missouri, Senator Bond. I also acknowledge the deep
interest and expertise of the occupant of the chair in this important
subject of how we have increasingly honest elections in our country.
In the wake of the 2000 election, as chairman of the Rules and
Administration Committee, and then its ranking member, Senators Bond,
Dodd, and I worked together to address the problems brought to light in
the 2000 elections. In January of 2001, I introduced the first of what
would become several election reform bills. Nearly 2 years later, all
the hard work and long hours paid off with the President of the United
States signing the Help America Vote Act of 2002, commonly referred to
as HAVA.
This legislation passed with near unanimous support in both Chambers.
HAVA set forth several minimum standards for States to meet and was
coupled with a new Election Assistance Commission to provide advice and
distribute $3 billion to date. The goal was and is to make it easier to
vote and harder to cheat.
The 2004 elections were the first conducted under HAVA. There are
reports of many successes attributable to HAVA, including a new Cal-
Tech/MIT study, which found a decrease in the residual vote rate, or
ballots that did not record a vote for President. Further, there were
new requirements for identification while registering or, at the polls,
new voting technology, statewide databases, and a broad Federal
requirement for the casting of provisional ballots.
HAVA was a tremendous success, but all of the cosponsors were careful
to avoid a complete Federal takeover of elections. As was stated by
prominent election expert Doug Lewis, after conducting elections for
over 200 years, State and local officials didn't become stupid in just
one election. Throughout the bill, we remained respectful of the States
rights and left methods of implementation to the discretion of States.
Today, we bring before this body a new piece of legislation which
builds upon the successes of HAVA and clarifies some of the
misinterpretations that occurred in the last election. This bill
provides State and local officials more tools to ensure every eligible
voter casts their vote, but make sure it is counted only once.
First, the most important part of this election process is an
accurate and secure registration list. This legislation clarifies
several provisions related to ensuring that those who register are
legally entitled to do so, do so only once, and in only one State.
Further, we address the problem brought about by voter registration
drives which dumped impossible numbers of new registrations on the last
day of registration. The bill ensures that only real-life, eligible
Mary Poppins registers to vote.
Second, the process of actually casting a ballot is sacred to all
Americans. The legislation will ensure accurate poll lists and photo
identification at the polls, and will reaffirm HAVA's goal of
permitting State law to govern counting provisional ballots.
Further, for absentee ballots, having them returned by election day
and requiring authentication of their request is critical. Thus, if a
real, eligible, registered Mary Poppins goes to the polls, she can show
identification and vote--but just once.
Third, grant money will be available to pay for photo identification
for those who don't have one or cannot afford one. The Election
Assistance Commission will conduct a pilot program for the use of
indelible ink at the polls, reminiscent of the Iraqi elections on
January 30. We were all moved by the picture we saw from the Iraqi
elections of voters proudly showing their ink-sustained fingers. Aside
from being an act of national pride, it was also an act to ensure that
all those who voted did so only once.
Lastly, the 2004 elections saw new tactics which must be addressed by
new criminal penalties for buying and conspiring to buy voter
registrations. Further, the destruction or damaging of property with
intent to impede voting is something that must be prosecuted.
Again, I am proud to have been the Senate Republican sponsor of the
Help America Vote Act of 2002 and believe it has and will continue to
improve the conduct of elections in this country. But much more needs
to be done. The Voter Protection Act of 2005 builds upon that important
piece of legislation to combat voter fraud and ensure the integrity of
the entire election process.
I know Senator Bond, a cosponsor, is on the way to the floor. I
commend him for his important contribution to HAVA. I repeat my earlier
comments about the occupant of the chair and his expertise and interest
in this issue. We look forward to working with both of them to advance
a piece of legislation for America that would make it easier to vote
and harder to cheat.
I yield the floor.
Mr. BOND. Mr. President, I rise today to join with my colleague
Senator McConnell in introducing the
[[Page S1626]]
Voter Protection Act of 2005. This legislation builds upon the progress
made by the Help America Vote Act toward our goal of making it easier
to vote and harder to cheat, while addressing some additional issues
that came to light during the previous election.
This legislation will clarify the intent of our previous bill and try
to alleviate some of the administrative burdens and misguided policies
placed on dedicated, hard-working election workers by previous
congressional intrusions into the State functioning of running
elections.
Make no mistake about it, record numbers of Americans went to the
polls in 2004. The overwhelming number of Americans were greeted by
informed, dedicated, and properly trained election workers and were
able to cast their ballot in a timely manner and in a secure
environment. In Missouri, my home State, the elections were extremely
well run. Large numbers of voters were accommodated at the polls in a
timely fashion, and very few questions have been raised about
administration or integrity.
I believe our recent enactment of HAVA, the Help American Vote Act,
helped make it easier for States and localities to administer their
elections.
I might add that once again Missouri voters voted on punch cards.
Contrary to the bogeyman of hanging chads and other problems we heard
about in the past, punch cards have served the voters of Missouri well,
proving that trained poll workers, coupled with informed voters, can
participate in clean and fair elections using punchcard voting
machines.
I live in Audrain County, MO, which is a rural county with a wide
diversity. It is very average and representative, although I think it
is an outstanding county. I asked the county clerk: How many problems
have you had with these punchcard voters? We have the whole range of
voters, a very wide diversity. She told me in her memory and the memory
of those in the county clerk's office, they had never had a single
problem with hanging chads or punchcard machines.
Some people are saying the Help America Vote Act required getting rid
of punchcard machines. It did not do that. Let's be clear, that is not
required by the Help America Vote Act.
The smoothness leading up to the elections in Missouri was not the
case everywhere. I continue to have concerns about the registration
process and voter registration lists. Election officials are still
laboring under an unnecessarily burdensome system heaped upon them by
the motor voter bill. Motor voter required States to accept anonymous
mail registration cards without supporting documents and voter
registration cards from election drives. Motor voter prohibited
authentication of registrations, making it extremely difficult for
names to be removed from voter rolls, such as Mickey Mouse, the
deceased, or those who had left the State years before. That is why to
many of us, motor voter had become auto-fraudo, and we took steps in
the Help America Vote Act to change that.
The evidence is still overwhelming that this poor policy continues to
result in tremendous administrative burdens on our election officials,
with registration lists being bloated and inaccurate but limited
recourse for election officials to address the situation. All this
makes it more difficult to run clean, fair, and accurate elections.
The Help America Vote Act required minimum identification for first-
time voters who take advantage of the mail-in voter registration
procedures. While the law is clear, some States chose to find ways
around this reasonable requirement. This bill makes it clear that
voters who do not register before a government official in person will
have to provide the ID requirement. We heard reports of partisan
election workers who brought in bundles of voter registration cards,
and when they told the governmental election officials they had seen
the voter ID, those cards were accepted. Anybody who would accept that
ought to be buying the 14th Street bridge. To say somebody who is not a
government official and is partisan is going to fulfill the
governmental requirements is a stretch too far.
Furthermore, in some Federal elections, I think it is past time to go
to a full ID provision. So this legislation requires voters in Federal
elections to present identification at the polls while creating a
program to ensure that all voters have access to an ID if they cannot
afford one.
We now ask our citizens to provide a photo ID for so many tasks of
everyday life. To provide it once more for election officials on
election day seems a small request in order to help ensure our
elections are fair and accurate.
If a person does not have a photo ID and cannot afford to procure
one, our bill provides the requirement and the resources to ensure that
one is provided.
Let's make sure every legal vote gets counted, and only the legal
votes and only one vote per person, only one vote per human. No dogs,
please.
The practice of dropping off registration cards in bulk at the
registration deadline continues. It is proving to be a huge burden on
election officials. The practice of submitting cards for fictitious
people, deceased, and ineligible voters is alive and well, so to speak.
Also, a troubling practice by some voter registration groups has come
to light--registrations not being delivered to the election
authorities. Whether intentional, through oversight or neglect, this is
simply unacceptable. Would-be voters place their faith in those
conducting registration drives, and the States accept the registration
drives will be conducted on the level. Sloppy practices can only result
in people being denied the right to vote. So there must be oversight.
This legislation will bring some accountability to voter registration
drives while relieving some of the burdens on election authorities by
mass dumping of registrations.
I call on our law enforcement officials, the Department of Justice,
and our U.S. attorneys to review the process and look at those areas
where fraud has been suggested to find out if it is prosecutable, if
Federal criminal procedure is required and warranted. I can tell you
that we will pass all the laws in the world, but until we see some
voter fraud proponents going to jail, spending time in the cells, we
are not going to have the effect this bill and our previous bill
anticipated.
We need to clean up the registration process by permitting States to
use Social Security numbers. I think this bill brings some sense to
voter rules by clarifying the provision in motor voter for name
removal. The bill also includes a provision for dealing in a reasonable
manner with registration cards that are incomplete.
We found in the past, if you did not specifically indicate you were a
U.S. citizen, the courts refused to prosecute those knowing they were
not eligible to vote because they were not citizens; they could not be
prosecuted. Now there is a specific requirement that you indicate you
are a U.S. citizen, eligible to vote. If you do not do that, the card
should not be accepted, and if you falsely certify you are a U.S.
citizen, you ought to be prosecuted.
As we expressed throughout the debates on Help America Vote Act,
minimum standard requirements for elections are to be implemented by
the State. On provisional voting, the language is explicit. Questions
on the implementation of provisional balloting are for State
legislators and election officials to decide. But as is too often the
case in this country, what cannot be achieved through legislation will
be pursued in the courtroom. Some 65 lawsuits were pursued to overturn
decisions to preserve the precinct system used at the State level. This
was a conscious effort to screw up the elections. Fortunately, the
courts got it right. They overruled them 65 times. But there will be
more litigation. Therefore, this legislation clarifies further the
clear language of HAVA that the decision on the precinct system and
decision on the proper polling place for voters is a State question.
The goal of the lawsuits, as I said, seemed to introduce complete
chaos which would have ensued were voters allowed simply to vote
anywhere they wanted. Additionally, those voters would not have been
able to vote in local elections and balloting initiatives. The purpose
of the suits did not make sense, but they were filed anyhow. The
arguments for throwing out State law made less sense. It is simply the
height of illogic to argue on one hand that States should permissively
allow voters to cast ballots from anywhere in the State they chose,
only to
[[Page S1627]]
complain later that the number of election machines at a polling place
was inadequate.
Many people lodging this complaint also complained it rained on
election day. Sorry, we cannot change that by law. So their concerns
must be evaluated accordingly. Among other things, the precinct system
allows election officials to plan for election day, assign voters to
voting places in manageable numbers, and dispatch the proper level of
resources.
Once again, after election day, the newspapers were filled with
stories pointing out irregularities on election day. The election day
problems have grown out of bloated and inaccurate voting lists and
sloppy registration procedures. The stories clearly establish that
sloppy laws, poor lists, and chaos at the polls invite efforts to cheat
on election day. That is unacceptable to voters and to candidates and
people who depend upon a free, fair system of democracy. If a voter has
his or her vote canceled by a vote that should never have been cast,
whether cast by fraud or ineligible voter, he or she has lost the civil
right to be heard and to have the vote counted. It is a
disenfranchisement of the voter. It also is a grave offense to the
candidates who spend countless amounts of their time and their
supporters' resources on elections.
Our goal should be elections that are free of suspicion, doubt, and
cynicism about the results. There are steps that remain to be taken to
ensure that elections are conducted in a sound and secure manner so
that the integrity of the ballot box remains beyond doubt. These simple
steps will begin to clean up the mess created in the registration
process, while taking away the remains of enticements to game the
system.
I look forward to the debate on the floor about these reasonable
measures. I commend our deputy majority leader for his work on this
effort, and look forward to discussing this and pursuing it with our
colleagues.
Mr. President, I yield the floor.
Mr. McCONNELL. Mr. President, if I can very briefly say to my good
friend and colleague from Missouri, it is a pleasure to team up with
him once again in our pursuit of better elections in this country and
to report to him on the prosecution front there actually was a
conviction. I know the occupant of the Chair is interested in this as
well. There actually was a conviction in my State for vote fraud--two
of them--over the last 6 months. We will see whether that has an impact
on habits of many decades that exist in my State and I know in several
parts of the State of Missouri as well.
I congratulate the Senator for his statement.
Mr. DAYTON. Mr. President, I salute my two colleagues, Senator
McConnell and Senator Bond, for their leadership in this very important
area, along with Senator Dodd. They spearheaded the improvements that
were made to our election, registration, and voting procedures in the
aftermath of the 2000 election difficulties. Clearly, the experience
over last November's election shows that we have more work before us
that has to be bipartisan. They have shown strong leadership, combined
with others, and I look forward to being part of that as a member of
the Senate Rules Committee. Senator Lott, the chairman of that
committee, will hold hearings in the very near future on this and other
proposals. I believe it is imperative that we get that process underway
so, as Senator Bond knows, every American knows they have the right to
vote, and vote expeditiously, and every one of those votes is going to
be counted.
Mr. President, I ask unanimous consent that the text of the bill be
printed in the Record.
There being no objection, the bill was ordered to be printed in the
Record, as follows:
S. 414
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 ``Voter
Protection Act of 2005''.
(b) Table of Contents.--The table of contents of this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
TITLE I--VOTER REGISTRATION AND MAINTENANCE OF OFFICIAL LISTS OF
REGISTERED VOTERS
Sec. 101. Requirements for voters who register other than in person
with an officer or employee of a State or local
government entity.
Sec. 102. Removal of registrants from voting rolls for failure to vote.
Sec. 103. Use of social security numbers for voter registration and
election administration.
Sec. 104. Synchronization of State databases.
Sec. 105. Incomplete registration forms.
Sec. 106. Requirements for submission of registration forms by third
parties.
TITLE II--VOTING
Sec. 201. Voter rolls.
Sec. 202. Return of absentee ballots.
Sec. 203. Identification requirement.
Sec. 204. Clarification of counting of provisional ballots.
Sec. 205. Applications for absentee ballots.
Sec. 206. Pilot program for use of indelible ink at polling places.
TITLE III--CRIMINAL PENALTIES
Sec. 301. Penalty for making expenditures to persons to register.
Sec. 302. Penalty for conspiracy to influence voting.
Sec. 303. Penalty for destruction of property with intent to impede the
act of voting.
SEC. 2. FINDINGS.
Congress makes the following findings:
(1) There is a need for Congress to encourage and enable
every eligible and registered American to vote.
(2) There is a need for Congress to protect the franchise
of all Americans by rooting out the potential for fraud in
the electoral system.
(3) There is a need for Congress to provide States the
tools necessary to protect against fraud in multiple,
fictitious, and ineligible voter registrations.
(4) There is a need for Congress to ensure completed and
valid voter registration forms are returned for processing so
as to not disenfranchise voters who believe they have been
properly registered.
(5) There is a need for Congress to provide States the
tools necessary to protect against any American casting more
than one ballot and ensuring poll workers are equipped to
identify those who voted prior to election day.
(6) There is a need for Congress to ensure the accuracy,
integrity, and fairness of every American election.
(7) There is a need for Congress to ensure the protection
of every American's franchise is carried out in a uniform and
nondiscriminatory manner.
TITLE I--VOTER REGISTRATION AND MAINTENANCE OF OFFICIAL LISTS OF
REGISTERED VOTERS
SEC. 101. REQUIREMENTS FOR VOTERS WHO REGISTER OTHER THAN IN
PERSON WITH AN OFFICER OR EMPLOYEE OF A STATE
OR LOCAL GOVERNMENT ENTITY.
(a) In General.--
(1) Application of requirements to voters registering other
than in person.--Subparagraph (A) of section 303(b)(1) of the
Help America Vote Act of 2002 (42 U.S.C. 15483(b)(1)(A)) is
amended to read as follows:
``(A) the individual registered to vote in a jurisdiction
in a manner other than appearing in person before an officer
or employee of a State or local government entity; and''.
(2) Meaning of in person.--Paragraph (1) of section 303(b)
of such Act is amended by inserting at the end the following:
``For purposes of subparagraph (A), an individual shall not
be considered to have registered in person if the
registration is submitted to an officer or employee of a
State or local government entity by a person other than the
person whose name appears on the voter registration form.''.
(3) Conforming amendments.--
(A) The heading for subsection (b) of section 303 of such
Act is amended by striking ``who register by mail'' and
inserting ``who do not register in person''.
(B) The heading for section 303 of such Act is amended by
striking ``requirements for voters who register by mail'' and
inserting ``voter registration requirements''.
(b) Effective Date.--
(1) In general.--The amendments made by this section shall
apply on and after January 1, 2006.
(2) Conforming amendments.--
(A) Paragraph (2) of section 303(d) of the Help America
Vote Act of 2002 (42 U.S.C. 15483(d)(2)) is amended by
inserting at the end the following new subparagraph:
``(C) Applicability with respect to individuals who
register other than in person.--Notwithstanding subparagraphs
(A) and (B)--
``(i) each State and jurisdiction shall be required to
comply with the provisions of subsection (b) with respect to
individuals who register to vote in a jurisdiction in a
manner other than appearing in person before an officer or
employee of a State or local government entity on and after
January 1, 2006; and
``(ii) the provisions of subsection (b) shall apply to any
individual who registers to vote in a jurisdiction in a
manner other than appearing in person before an officer or
employee of a State or local government on and after January
1, 2006.''.
(B) The heading for paragraph (2) of section 303(d) of such
Act is amended by striking ``who register by mail''.
[[Page S1628]]
(C) Subparagraph (A) of section 303(d)(2) of such Act is
amended by inserting ``with respect to individuals who
register by mail'' after ``subsection (b)''.
(D) Subparagraph (B) of section 303(d)(2) of such Act is
amended by inserting ``by mail'' after ``registers to vote''.
SEC. 102. REMOVAL OF REGISTRANTS FROM VOTING ROLLS FOR
FAILURE TO VOTE.
(a) In General.--Section 8 of the National Voter
Registration Act of 1994 (42 U.S.C. 1973gg-6) is amended by
redesignating subsections (h), (i), and (j) as subsections
(i), (j), and (k), respectively, and by inserting after
subsection (g) the following new subsection:
``(h) Failure to Vote.--Except as otherwise provided in
subsection (d), a State shall not remove the name of a
registrant from the official list of eligible voters in
elections for Federal office on the ground that the
registrant has failed to vote unless--
``(1) the registrant has not voted or appeared to vote in 2
consecutive general elections for Federal office; and
``(2)(A) the registrant has not notified the applicable
registrar (in person or in writing) during the period
described in subparagraph (A) that the individual intends to
remain registered in the registrar's jurisdiction; and
``(B) the applicable registrar has sent a notice which
meets the requirements of paragraph (d)(2) and the notice is
undeliverable.''.
(b) Conforming Amendments.--
(1) Section 8(a)(4) of the National Voter Registration Act
of 1993 (42 U.S.C. 1973gg-6(a)(4)) is amended by striking
``or'' at the end of subparagraph (A), by inserting ``or'' at
the end of subparagraph (B), and by adding at the end the
following new subparagraph:
``(C) a failure to vote in 2 consecutive general elections
for Federal office, in accordance with subsection (h) of this
section;''.
(2) Section 8(b) of the National Voter Registration Act of
1993 (42 U.S.C. 1973gg-6(b)) is amended by striking ``roll
for elections for Federal office'' and all that follows and
inserting the following ``roll for elections for Federal
office shall be uniform, nondiscriminatory, and in compliance
with the Voting Rights Act of 1965 (42 U.S.C. 1973 et
seq.).''.
SEC. 103. USE OF SOCIAL SECURITY NUMBERS FOR VOTER
REGISTRATION AND ELECTION ADMINISTRATION.
(a) In General.--Section 205(c)(2) of the Social Security
Act (42 U.S.C. 405(c)(2)) is amended by adding at the end the
following new subparagraph:
``(I)(i) It is the policy of the United States that any
State (or political subdivision thereof) may, in the
administration of any voter registration or other election
law, use the social security account numbers issued by the
Commissioner of Social Security for the purpose of
establishing the identification of individuals affected by
such law, and may require any individual who is, or appears
to be, so affected to furnish to such State (or political
subdivision thereof) or any agency thereof having
administrative responsibility for the law involved, the
social security account number (or numbers, if such
individual has more than one such number) issued to such
individual by the Commissioner of Social Security.
``(ii) For purposes of clause (i), an agency of a State (or
political subdivision thereof) charged with the
administration of any voter registration or other election
law that did not use the social security account number for
identification under a law or regulation adopted before
January 1, 2005, may require an individual to disclose his or
her social security number to such agency solely for the
purpose of administering the laws referred to in such clause.
``(iii) If, and to the extent that, any provision of
Federal law enacted before the date of enactment of the Voter
Protection Act of 2005 is inconsistent with the policy set
forth in clause (i), such provision shall, on and after the
date of the enactment of such Act, be null, void, and of no
effect.''.
(b) Construction.--Nothing in this section or the amendment
made by this section may be construed to supersede any
privacy guarantee under any Federal or State law that applies
with respect to a social security number.
SEC. 104. SYNCHRONIZATION OF STATE DATABASES.
(a) In General.--Subparagraph (A) of section 303(a)(1) of
the Help America Vote Act of 2002 (42 U.S.C. 15483(a)(1)(A))
is amended by adding at the end the following:
``(ix) The computerized list shall be in a format which
allows for sharing and synchronization with other State
computerized lists.''.
(b) Effective Date.--
(1) In general.--Paragraph (1) of section 303(d) of the
Help America Vote Act of 2002 (42 U.S.C. 15483(d)(1)) is
amended by adding at the end the following:
``(C) Synchronization of databases.--Each State and
jurisdiction shall be required to comply with the
requirements of subsection (a)(1)(A)(ix) on and after January
1, 2007.''.
(2) Conforming amendment.--Subparagraph (A) of section
303(d)(1) of the Help America Vote Act of 2002 (42 U.S.C.
15483(d)(1)(A)) is amended by striking ``subparagraph (B)''
and inserting ``subparagraphs (B) and (C)''.
SEC. 105. INCOMPLETE REGISTRATION FORMS.
(a) In General.--Subparagraph (B) of section 303(b)(4) of
the Help America Vote Act of 2002 (42 U.S.C. 15483(b)(4)(B))
is amended to read as follows:
``(B) Incomplete forms.--If an applicant for voter
registration fails to answer the question included on the
mail voter registration form pursuant to subparagraph (A)(i),
the registrar shall return the incomplete voter registration
form to the applicant and provide the applicant with an
opportunity to complete the registration form.''.
(b) Effective Date.--The amendment made by this section
shall apply to any individual who registers to vote on or
after January 1, 2006.
SEC. 106. REQUIREMENTS FOR SUBMISSION OF REGISTRATION FORMS
BY THIRD PARTIES.
(a) In General.--Section 303 of the Help America Vote Act
of 2002 (42 U.S.C. 15483(b)), as amended by this Act, is
amended by redesignating subsection (d) as subsection (e) and
by inserting after subsection (c) the following new
subsection:
``(d) Requirements for Submission or Registration Forms by
Third Parties.--Notwithstanding section 8(a) of the National
Voter Registration Act of 1993 (42 U.S.C. 1973gg-6(a)), no
State shall register any person to vote in an election for
Federal office if the registration form is submitted--
``(1) by a person other than the person whose name appears
on such form; and
``(2) more than 3 days after the date on which such form
was signed by the registrant.''.
(b) Conforming Amendment.--Section 906(a) of the Help
America Vote Act of 2002 (42 U.S.C. 15545(a)) is amended by
striking ``section 303(b)'' and inserting ``subsections (b)
and (d) of section 303''.
(c) Effective Date.--Subsection (e) of section 303 of the
Help America Vote Act of 2002 (42 U.S.C. 15483(d)), as
redesignated by subsection (a), is amended by adding at the
end the following new paragraph:
``(3) Requirement for submission of registration forms by
third parties.--Each State shall be required to comply with
the requirements of subsection (d) on and after January 1,
2006.''.
TITLE II--VOTING
SEC. 201. VOTER ROLLS.
(a) In General.--Title III of the Help America Vote Act of
2002 (42 U.S.C. 15481 et seq.) is amended by redesignating
sections 304 and 305 as sections 305 and 306, respectively,
and by inserting after section 303 the following new section:
``SEC. 304. VOTER ROLLS.
``(a) In General.--If a State allows early voting or
absentee voting for a Federal office, then such State shall
be required to ensure that the voter rolls at each polling
location on the day of the election accurately and
affirmatively indicate--
``(1) which individuals have voted prior to such day; and
``(2) which individuals have requested an absentee ballot
for such election.
``(b) Rule for Persons Not Voting in Person.--For purposes
of subsection (a)(1), a State shall affirmatively indicate
that an individual who has not voted in person has voted if
the State has received a ballot from such individual prior to
the day of the election.
``(c) Effective Date.--Each State and jurisdiction shall be
required to comply with the requirements of this section on
and after January 1, 2006.''.
(b) Conforming Amendment.--Section 401 of the Help America
Vote Act of 2002 (42 U.S.C. 15511) is amended by striking
``and 303'' and inserting ``303, and 304''.
SEC. 202. RETURN OF ABSENTEE BALLOTS.
(a) In General.--Title III of the Help America Vote Act of
2002 (42 U.S.C. 15481 et seq.), as amended by this Act, is
amended by redesignating sections 305 and 306 as sections 306
and 307, respectively, and by inserting after section 304 the
following new section.
``SEC. 305. RETURN OF ABSENTEE BALLOTS.
``(a) In General.--Except as provided in the Uniformed and
Overseas Citizens Absentee Voting Act, each absentee ballot
cast for a Federal office must be received by the State by
the close of business on the day of the election in order to
be counted as a valid ballot.
``(b) Effective Date.--Each State and jurisdiction shall be
required to comply with the requirements of subsection (a) on
and after January 1, 2006.''.
(b) Conforming Amendment.--Section 401 of the Help America
Vote Act of 2002 (42 U.S.C. 15511), as amended by this Act,
is amended by striking ``and 304'' and inserting ``304, and
305''.
SEC. 203. IDENTIFICATION REQUIREMENT.
(a) Requirement for Voters Who Register by Mail and Other
Than in Person.--
(1) In general.--Subparagraph (A) of section 303(b)(2) of
the Help America Vote Act of 2002 (42 U.S.C. 15483(b)(2)(A))
is amended--
(A) in clause (i)--
(i) by inserting ``issued by a government entity'' after
``identification'' in subclause (I); and
(ii) by striking ``current utility bill, bank statement,
government check, paycheck, or other'' in subclause (II) and
inserting ``recent''; and
(B) in clause (ii) --
(i) by inserting ``issued by a government entity'' after
``identification'' in subclause (I); and
(ii) by striking ``current utility bill, bank statement,
government check, paycheck, or other'' in subclause (II) and
inserting ``recent''.
(2) Inapplicability.--Paragraph (3) of section 303(b) of
the Help America Vote Act of 2002 (42 U.S.C. 15483(b)(3)) is
amended--
[[Page S1629]]
(A) in subparagraph (A)--
(i) by striking ``part of such'' and inserting ``a
requirement for a valid'';
(ii) by inserting ``issued by a government entity'' after
``identification'' in clause (i); and
(iii) by striking ``current utility bill, bank statement,
government check, paycheck, or other'' in clause (ii) and
inserting ``recent''; and
(B) in subparagraph (B)(i), by striking ``with such'' and
inserting ``as a requirement for a valid''.
(3) Effective date.--The amendments made by this subsection
shall apply to individuals who register to vote on and after
January 1, 2006, and each State and jurisdiction shall be
required to comply with the requirements of section 303(b) of
the Help America Vote Act of 2002, as amended by this
section, on and after January 1, 2006.
(b) New Requirement for Individuals Voting in Person.--
(1) In general.--Title III of the Help America Vote Act of
2002 (42 U.S.C. 15481 et seq.), as amended by this Act, is
amended by redesignating sections 306 and 307 as sections 307
and 308, respectively, and by inserting after section 305 the
following new section:
``SEC. 306. IDENTIFICATION OF VOTERS AT THE POLLS.
``(a) In General.--Notwithstanding the requirements of
section 303(b), each State shall require individuals casting
ballots in an election for Federal office in person to
present a current valid photo identification issued by a
governmental entity before voting.
``(b) Effective Date.--Each State shall be required to
comply with the requirements of subsection (a) on and after
January 1, 2006.''.
(2) Conforming amendment.--Section 401 of the Help America
Vote Act of 2002 (42 U.S.C. 15511), as amended by this Act,
is amended by striking ``and 305'' and inserting ``305, and
306''.
(c) Funding for Free Photo Identifications.--Subtitle D of
title II of the Help America Vote Act of 2002 (42 U.S.C.
15401 et seq.) is amended by adding at the end the following:
``PART 7--PHOTO IDENTIFICATION
``SEC. 297. PAYMENTS FOR FREE PHOTO IDENTIFICATION.
``(a) In General.--In addition to any other payments made
under this subtitle, the Election Assistance Commission shall
make payments to States to promote the issuance to registered
voters of free photo identifications for purposes of meeting
the identification requirements of sections 303(b)(2) and
306.
``(b) Eligibility.--A State is eligible to receive a grant
under this part if it submits to the Commission (at such time
and in such form as the Commission may require) an
application containing--
``(1) a statement that the State intends to comply with the
requirements of section 303(b) and section 306; and
``(2) a description of how the State intends to use the
payment under this part to provide registered voters with
free photo identifications to meet the requirements of such
sections.
``(c) Use of Funds.--A State receiving a payment under this
part shall use the payment only to provide free photo
identification cards to registered voters who do not have an
identification card that meets the requirements of sections
303(b) and 306.
``(d) Allocation of Funds.--
``(1) In general.--The amount of the grant made to a State
under this part for a year shall be equal to the product of--
``(A) the total amount appropriated for payments under this
part for the year under section 298; and
``(B) an amount equal to--
``(i) the voting age population of the State (as reported
in the most recent decennial census); divided by
``(ii) the total voting age of all eligible States which
submit an application for payments under this part (as
reported in the most recent decennial census).
``SEC. 298. AUTHORIZATION OF APPROPRIATIONS.
``(a) In General.--In addition to any other amounts
authorized to be appropriated under this subtitle, there are
authorized to be appropriated $25,000,000 for fiscal year
2006 and such sums as are necessary for each subsequent
fiscal year for the purpose of making payments under section
297.
``(b) Availability.--Any amounts appropriated pursuant to
the authority of this section shall remain available until
expended.''.
SEC. 204. CLARIFICATION OF COUNTING OF PROVISIONAL BALLOTS.
(a) In General.--Paragraph (4) of section 302(a) of the
Help America Vote Act of 2002 (42 U.S.C. 15482(a)(4)) is
amended by adding at the end the following new sentence:
``For purposes of this paragraph, the determination of
whether an individual is eligible under State law to vote
shall take into account any provision of State law with
respect to the polling site at which the individual is
required to vote.''.
(b) Conforming Amendment.--
(1) Paragraph (1) of section 302(a) of the Help America
Vote Act of 2002 (42 U.S.C. 15482(a)(1)) is amended to read
as follows:
``(1) An election official at the polling place shall--
``(A) notify the individual that the individual may cast a
provisional ballot in that election; and
``(B) in the case of an individual who the election
official asserts is not eligible to vote under State law
because the individual is at an incorrect polling site,
direct the individual to the appropriate polling site.''.
(2) Paragraph (2) of section 302(a) of the Help America
Vote Act of 2002 (42 U.S.C. 15482(a)(2)) is amended by
striking ``The individual'' and inserting ``Notwithstanding
the requirement of paragraph (1)(B), the individual''.
SEC. 205. APPLICATIONS FOR ABSENTEE BALLOTS.
(a) In General.--Title III of the Help America Vote Act of
2002 (42 U.S.C. 15481 et seq.), as amended by this Act, is
amended by redesignating sections 307 and 308 as sections 308
and 309, respectively, and by inserting after section 306 the
following new section:
``SEC. 307. APPLICATIONS FOR ABSENTEE BALLOTS.
``(a) In General.--An application for an absentee ballot
for an election for Federal office may not be accepted and
processed by a State unless the application includes--
``(1) in the case of an applicant who has been issued a
current and valid driver's license, the applicant's driver's
license number; or
``(2) in the case of any other applicant--
``(A) a photo copy of a current and valid photo
identification issued by a government entity;
``(B) at least the last 4 digits of the applicant's social
security number; or
``(C) the number assigned to such individual under section
303(a)(5)(A)(ii).
``(b) Effective Date.--Each State shall be required to
comply with the requirements of subsection (a) on and after
January 1, 2006.''.
(b) Conforming Amendment.--Section 401 of the Help America
Vote Act of 2002 (42 U.S.C. 15511), as amended by this Act,
is amended by striking ``and 306'' and inserting ``306, and
307''.
SEC. 206. PILOT PROGRAM FOR USE OF INDELIBLE INK AT POLLING
PLACES.
Subtitle D of title II of the Help America Vote Act of 2002
(42 U.S.C. 15401 et seq.), as amended by this Act, is amended
by adding at the end the following:
``PART 8--PILOT PROGRAM FOR USE OF INDELIBLE INK AT POLLING PLACES
``SEC. 299. PILOT PROGRAM.
``(a) In General.--The Commission shall make grants to
States to carry out pilot programs under which each voter in
an election for Federal office in a State is marked with
indelible ink after submitting a ballot.
``(b) Eligibility.--A State is eligible to receive a grant
under this part if it submits to the Commission, at such time
and in such form as the Commission may require, an
application containing such information as the Commission may
require.
``(c) Report.--
``(1) In general.--Each State which receives a grant under
this part shall submit to the Commission a report describing
the activities carried out with the funds provided under the
grant.
``(2) Deadline.--A State shall submit the report required
under paragraph (1) not later than 60 days after the end of
the fiscal year for which the State received the grant which
is the subject of the report.
``SEC. 300. AUTHORIZATION OF APPROPRIATIONS.
``(a) In General.--There are authorized to be appropriated
for grants under this part $5,000,000 for fiscal year 2006
and such sums as are necessary for each succeeding fiscal
year.
``(b) Availability.--Any amounts appropriated pursuant to
the authority of this section shall remain available, without
fiscal year limitation, until expended.''.
TITLE III--CRIMINAL PENALTIES
SEC. 301. PENALTY FOR MAKING EXPENDITURES TO PERSONS TO
REGISTER.
Section 597 of title 18, United States Code, is amended by
inserting ``to register him to vote,'' after ``either''.
SEC. 302. PENALTY FOR CONSPIRACY TO INFLUENCE VOTING.
Section 597 of title 18, United States Code, as amended by
this Act, is amended by striking ``makes or offers to make''
and inserting ``makes, offers to make, or conspires to
make''.
SEC. 303. PENALTY FOR DESTRUCTION OF PROPERTY WITH INTENT TO
IMPEDE THE ACT OF VOTING.
Section 594 of title 18, United States Code, is amended--
(1) by inserting ``(a)'' before ``Whoever''; and
(2) by adding at the end the following:
``(b) Whoever destroys or damages any property with the
intent to prevent or impede an individual from voting in an
election for the office of President, Vice President,
Presidential elector, Member of the Senate, Member of the
House of Representatives, Delegate from the District of
Columbia, or Resident Commissioner, shall be fined under this
title, imprisoned for not more than 2 years, or both.''.
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