[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.''.
                                 ______