[Congressional Record Volume 151, Number 18 (Thursday, February 17, 2005)]
[Senate]
[Pages S1662-S1670]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mrs. CLINTON (for herself, Mrs. Boxer, Mr. Kerry, Mr. 
        Lautenberg, and Ms. Mikulski):
  S. 450. A bill to amend the Help America Vote Act of 2002 to require 
a voter-verified paper record, to improve provisional balloting, to 
impose additional requirements under such Act, and for other purposes; 
to the Committee on Rules and Administration.
  Mrs. CLINTON. 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:

[[Page S1663]]

                                 S. 450

       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 ``Count 
     Every Vote Act of 2005''.
       (b) Table of Contents.--The table of contents of this Act 
     is as follows:

Sec. 1. Short title; table of contents.

                TITLE I--VOTER VERIFICATION AND AUDITING

Sec. 101. Promoting accuracy, integrity, and security through 
              preservation of a voter-verified paper record or hard 
              copy.
Sec. 102. Requirement for mandatory recounts.
Sec. 103. Specific, delineated requirement of study, testing, and 
              development of best practices.
Sec. 104. Voter verification and audit capacity funding.
Sec. 105. Reports and provision of security consultation services.
Sec. 106. Improvements to voting systems.

                     TITLE II--PROVISIONAL BALLOTS

Sec. 201. Requirements for casting and counting provisional ballots.

 TITLE III--ADDITIONAL REQUIREMENTS UNDER THE HELP AMERICA VOTE ACT OF 
                                  2002

                Subtitle A--Shortening Voter Wait Times

Sec. 301. Minimum required voting systems, poll workers, and election 
              resources.
Sec. 302. Requirements for jurisdictions with substantial voter wait 
              times.

                 Subtitle B--No-Excuse Absentee Voting

Sec. 311. No-excuse absentee voting.

       Subtitle C--Collection and Dissemination of Election Data

Sec. 321. Data collection.

                Subtitle D--Ensuring Well Run Elections

Sec. 331. Training of election officials.
Sec. 332. Impartial administration of elections.

                Subtitle E--Standards for Purging Voters

Sec. 341. Standards for purging voters.

         Subtitle F--Election Day Registration and Early Voting

Sec. 351. Election day registration.
Sec. 352. Early voting.

            TITLE IV--VOTER REGISTRATION AND IDENTIFICATION

Sec. 401. Voter registration.
Sec. 402. Establishing voter identification.
Sec. 403. Requirement for Federal certification of technological 
              security of voter registration lists.

          TITLE V--PROHIBITION ON CERTAIN CAMPAIGN ACTIVITIES

Sec. 501. Prohibition on certain campaign activities.

                  TITLE VI--ENDING DECEPTIVE PRACTICES

Sec. 601. Ending deceptive practices.

             TITLE VII--CIVIC PARTICIPATION BY EX-OFFENDERS

Sec. 701. Voting rights of individuals convicted of criminal offenses.

                  TITLE VIII--FEDERAL ELECTION DAY ACT

Sec. 801. Short title.
Sec. 802. Federal Election Day as a public holiday.
Sec. 803. Study on encouraging government employees to serve as poll 
              workers.

   TITLE IX--TRANSMISSION OF CERTIFICATE OF ASCERTAINMENT OF ELECTORS

Sec. 901. Transmission of certificate of ascertainment of electors.

       TITLE X--STRENGTHENING THE ELECTION ASSISTANCE COMMISSION

Sec. 1001. Strengthening the Election Assistance Commission.
Sec. 1002. Repeal of exemption of Election Assistance Commission from 
              certain Government contracting requirements.
Sec. 1003. Authorization of appropriations.

                TITLE I--VOTER VERIFICATION AND AUDITING

     SEC. 101. PROMOTING ACCURACY, INTEGRITY, AND SECURITY THROUGH 
                   PRESERVATION OF A VOTER-VERIFIED PAPER RECORD 
                   OR HARD COPY.

       (a) Voter Verification and Manual Audit Capacity.--
       (1) In general.--Section 301(a)(2) of the Help America Vote 
     Act of 2002 (42 U.S.C. 15481(a)(2)) is amended to read as 
     follows:
       ``(2) Voter verification and manual audit capacity.--
       ``(A) Voter verification.--
       ``(i) The voting system shall produce an individual voter-
     verifiable paper record of the vote that shall be made 
     available for inspection and verification by the voter before 
     the vote is cast.
       ``(ii) The voting system shall provide the voter with an 
     opportunity to correct any error made by the system in the 
     voter-verifiable paper record before the permanent voter-
     verified paper record is preserved in accordance with 
     subparagraph (B)(i).
       ``(B) Manual audit capacity.--The permanent voter-verified 
     paper record produced in accordance with subparagraph (A) 
     shall--
       ``(i) be preserved within the polling place, in the manner, 
     if any, in which all other paper ballots are preserved within 
     that polling place, or, in the manner employed by the 
     jurisdiction for preserving paper ballots in general, for 
     later use in any manual audit;
       ``(ii) be suitable for a manual audit equivalent to that of 
     a paper ballot voting system; and
       ``(iii) be available as the official record and shall be 
     the official record used for any recount conducted with 
     respect to any Federal election in which the system is 
     used.''.
       (2) Prohibition of use of thermal paper.--Section 301(a) of 
     the Help America Vote Act of 2002 (42 U.S.C. 15481(a)) is 
     amended by adding at the end the following new paragraph:
       ``(7) Prohibition of use of thermal paper.--The voter-
     verified paper record produced in accordance with paragraph 
     (2)(A) shall not be produced on thermal paper, but shall 
     instead be produced on paper of archival quality.''.
       (3) Conforming amendment.--Section 301(a)(1)(A)(ii) of the 
     Help America Vote Act (42 U.S.C. 15481(a)(1)(A)(ii)) is 
     amended by inserting ``and before the paper record is 
     produced under paragraph (2)'' before the semicolon at the 
     end.
       (b) Voter-verification of Results for Individuals With 
     Disabilities and Language Minority Voters.--Paragraph (3) of 
     section 301(a) of the Help America Vote Act of 2002 (42 
     U.S.C. 15481(a)(3)) is amended to read as follows:
       ``(3) Accessibility for individuals with disabilities and 
     for language minorities.--
       ``(A) In general.--The voting system shall--
       ``(i) be accessible for individuals with disabilities, 
     including nonvisual accessibility for the blind and visually 
     impaired, in a manner that provides the same opportunity for 
     access, participation (including privacy and independence), 
     inspection, and verification as for other voters;
       ``(ii) be accessible for language minority individuals to 
     the extent required under section 203 of the Voting Rights 
     Act of 1965 (42 U.S.C. 1973aa-1), in a manner that provides 
     the same opportunity for access, participation (including 
     privacy and independence), inspection, and verification as 
     for other voters;
       ``(iii) satisfy the requirement of clauses (i) and (ii) 
     through the use of at least one direct recording electronic 
     voting system or other voting system equipped for individuals 
     with disabilities at each polling place; and
       ``(iv) if purchased with funds made available under title 
     II on or after November 1, 2006, meet the voting system 
     standards for disability access (as outlined in this 
     paragraph).
       ``(B) Verification requirements.--Any direct recording 
     electronic voting system or other voting system described in 
     subparagraph (A)(iii) shall use a mechanism that separates 
     the function of vote generation from the function of vote 
     casting and shall produce, in accordance with paragraph 
     (2)(A), an individual paper record which--
       ``(i) shall be used to meet the requirements of paragraph 
     (2)(B);
       ``(ii) shall be available for visual, audio, and pictorial 
     inspection and verification by the voter, with language 
     translation available for all forms of inspection and 
     verification in accordance with the requirements of section 
     203 of the Voting Rights Act of 1965;
       ``(iii) shall not require the voter to handle the paper; 
     and
       ``(iv) shall not preclude the use of Braille or tactile 
     ballots for those voters who need them.

     The requirement of clause (iii) shall not apply to any voting 
     system certified by the Independent Testing Authorities 
     before the date of the enactment of this Act.
       ``(C) Requirements for language minorities.--Any record 
     produced under subparagraph (B) shall be subject to the 
     requirements of section 203 of the Voting Rights Act of 1965 
     to the extent such section is applicable to the State or 
     jurisdiction in which such record is produced.''.
       (c) Additional Voting System Requirements.--Section 301(a) 
     of the Help America Vote Act of 2002 (42 U.S.C. 15481(a)), as 
     amended by subsection (a)(2), is amended by adding to the end 
     the following new paragraphs:
       ``(8) Instruction of election officials.--Each State shall 
     ensure that election officials are instructed on the right of 
     any individual who requires assistance to vote by reason of 
     blindness, other disability, or inability to read or write to 
     be given assistance by a person chosen by that individual 
     under section 208 of the Voting Rights Act of 1965.
       ``(9) Prohibition of use of undisclosed software in voting 
     systems.--No voting system shall at any time contain or use 
     any undisclosed software. Any voting system containing or 
     using software shall disclose the source code, object code, 
     and executable representation of that software to the 
     Commission, and the Commission shall make that source code, 
     object code, and executable representation available for 
     inspection upon request to any citizen.
       ``(10) Prohibition of use of wireless communication devices 
     in voting systems.--No voting system shall use any wireless 
     communication device.
       ``(11) Certification of software and hardware.--All 
     software and hardware used

[[Page S1664]]

     in any electronic voting system shall be certified by 
     laboratories accredited by the Commission as meeting the 
     requirements of paragraphs (9) and (10).
       ``(12) Security standards for manufacturers of voting 
     systems used in federal elections.--
       ``(A) In general.--No voting system may be used in an 
     election for Federal office unless the manufacturer of such 
     system meets the requirements described in subparagraph (B).
       ``(B) Requirements described.--The requirements described 
     in this subparagraph are as follows:
       ``(i) The manufacturer shall conduct background checks on 
     individuals who are programmers and developers before such 
     individuals work on any software used in connection with the 
     voting system.
       ``(ii) The manufacturer shall document the chain of custody 
     for the handling of software used in connection with voting 
     systems.
       ``(iii) The manufacturer shall ensure that any software 
     used in connection with the voting system is not transferred 
     over the Internet.
       ``(iv) In the same manner and to the same extent described 
     in paragraph (9), the manufacturer shall provide the codes 
     used in any software used in connection with the voting 
     system to the Commission and may not alter such codes once 
     certification by the Independent Testing Authorities has 
     occurred unless such system is recertified.
       ``(v) The manufacturer shall implement procedures to ensure 
     internal security, as required by the Director of the 
     National Institute of Standards and Technology.
       ``(vi) The manufacturer shall meet such other requirements 
     as may be established by the Director of the National 
     Institute of Standards and Technology.''.
       (d) Effective Date.--Each State and jurisdiction shall be 
     required to comply with the amendments made by this section 
     on and after November 1, 2006.

     SEC. 102. REQUIREMENT FOR MANDATORY RECOUNTS.

       On and after the date of the enactment of this Act, the 
     Election Assistance Commission shall conduct random 
     unannounced manual mandatory recounts of the voter-verified 
     records of each election for Federal office (and, at the 
     option of the State or jurisdiction involved, of elections 
     for State and local office held at the same time as such an 
     election for Federal office) in 2 percent of the polling 
     locations (or, in the case of any polling location which 
     serves more than 1 precinct, 2 percent of the precincts) in 
     each State and with respect to 2 percent of the ballots cast 
     by uniformed and overseas voters immediately following the 
     election and shall promptly publish the results of those 
     recounts in the Federal Register. In addition, the 
     verification system used by the Election Assistance 
     Commission shall meet the error rate standards described in 
     section 301(a)(5) of the Help America Vote Act of 2002.

     SEC. 103. SPECIFIC, DELINEATED REQUIREMENT OF STUDY, TESTING, 
                   AND DEVELOPMENT OF BEST PRACTICES.

       (a) In General.--Subtitle C of title II of the Help America 
     Vote Act of 2002 (42 U.S.C. 15381 et seq.) is amended by--
       (1) redesignating section 247 as section 248; and
       (2) by inserting after section 246 the following new 
     section:

     ``SEC. 247. STUDY, TESTING, AND DEVELOPMENT OF BEST PRACTICES 
                   TO ENHANCE ACCESSIBILITY AND VOTER-VERIFICATION 
                   MECHANISMS FOR DISABLED VOTERS.

       ``The Election Assistance Commission shall study, test, and 
     develop best practices to enhance accessibility and voter-
     verification mechanisms for individuals with disabilities.''.
       (b) Effective Date.--The amendments made by this section 
     shall take effect on the date of the enactment of this Act.

     SEC. 104. VOTER-VERIFICATION AND AUDIT CAPACITY FUNDING.

       (a) In General.--Subtitle D of title II of the Help America 
     Vote Act of 2002 (42 U.S.C. 15321 et seq.) is amended by 
     adding at the end the following new part:

        ``PART 7--VOTER-VERIFICATION AND AUDIT CAPACITY FUNDING

     ``SEC. 297. VOTER-VERIFICATION AND AUDIT CAPACITY FUNDING.

       ``(a) Payments to States.--Subject to subsection (b), not 
     later than the date that is 30 days after the date of the 
     enactment of the Count Every Vote Act of 2005, the Election 
     Assistance Commission shall pay to each State an amount to 
     assist the State in paying for the implementation of the 
     voter-verification and audit capacity requirements of 
     paragraphs (2) and (3) of section 301(a), as amended by 
     subsections (a) and (b) of section 2 of such Act.
       ``(b) Limitation.--The amount paid to a State under 
     subsection (a) for each voting system purchased by a State 
     may not exceed the average cost of adding a printer with 
     accessibility features to each type of voting system that the 
     State could have purchased to meet the requirements described 
     in such subsection.

     ``SEC. 298. APPROPRIATION.

       ``There are authorized and appropriated $500,000,000 to the 
     Election Assistance Commission, without fiscal year 
     limitation, to make payments to States in accordance with 
     section 297(a). Furthermore, there are authorized and 
     appropriated $20,000,000 to the Election Assistance 
     Commission, for each of fiscal years 2006 through 2010, in 
     addition to any amounts otherwise appropriated for 
     administrative costs to assist with conducting recounts, the 
     implementation of voter verification systems, and improved 
     security measures.''.
       (b) Effective Date.--The amendment made by this section 
     shall take effect on the date of the enactment of this Act.

     SEC. 105. REPORTS AND PROVISION OF SECURITY CONSULTATION 
                   SERVICES.

       (a) In General.--Subtitle C of title II of the Help America 
     Vote Act of 2002 (42 U.S.C. 15381 et seq.), as amended by 
     section 103, is amended by--
       (1) redesignating section 248 as section 249; and
       (2) by inserting after section 247 the following new 
     section:

     ``SEC. 248. REPORTS AND PROVISION OF SECURITY CONSULTATION 
                   SERVICES.

       ``(a) Report to Congress on Security Review.--Not later 
     than 6 months after the date of the enactment of the Count 
     Every Vote Act of 2005, the Commission, in consultation with 
     the Director of the National Institute of Standards and 
     Technology, shall submit to Congress a report on a proposed 
     security review and certification process for all voting 
     systems used in elections for Federal office, including a 
     description of the certification process to be implemented 
     under section 231.
       ``(b) Report to Congress on Operational and Management 
     Systems.--Not later than 3 months after the date of the 
     enactment of the Count Every Vote Act of 2005, the Commission 
     shall submit to Congress a report on operational and 
     management systems applicable with respect to elections for 
     Federal office, including the security standards for 
     manufacturers described in section 301(a)(7), that should be 
     employed to safeguard the security of voting systems, 
     together with a proposed schedule for the implementation of 
     each such system.
       ``(c) Provision of Security Consultation Services.--
       ``(1) In general.--On and after the date of the enactment 
     of the Count Every Vote Act of 2005, the Commission, in 
     consultation with the Director of the National Institute of 
     Standards and Technology, shall provide security consultation 
     services to States and local jurisdictions with respect to 
     the administration of elections for Federal office.
       ``(2) Appropriation.--To carry out the purposes of 
     paragraph (1), $2,000,000 is appropriated for each of fiscal 
     years 2006 through 2010.''.
       (b) Effective Date.--The amendments made by this section 
     shall take effect on the date of the enactment of this Act.

     SEC. 106. IMPROVEMENTS TO VOTING SYSTEMS.

       (a) In General.--Subparagraph (B) of section 301(a)(1) of 
     the Help America Vote Act of 2002 (42 U.S.C. 15481(a)(1)(B)) 
     is amended by striking ``, a punch card voting system, or a 
     central count voting system''.
       (b) Clarification of Requirements for Punch Card Systems.--
     Subparagraph (A) of section 301(a)(1) of the Help America 
     Vote Act of 2002 (42 U.S.C. 15481(a)(1)(A)) is amended by 
     inserting ``punch card voting system,'' after ``any''.
       (c) Effective Date.--Each State and jurisdiction shall be 
     required to comply with the amendments made by this section 
     on and after November 1, 2006.
       (d) Residual Vote Benchmark.--.
       (1) In general.--The error rate of the voting system (as 
     defined under section 301 of the Help America Vote Act of 
     2002) in counting ballots (determined by taking into account 
     only those errors which are attributable to the voting system 
     and not attributable to an act of the voter) shall not exceed 
     the error rate standards established under the voting systems 
     standards issued and maintained by Election Assistance 
     Commission.
       (2) Residual ballot performance benchmark.--In addition to 
     the error rate standards described in paragraph (1), the 
     Election Assistance Commission shall issue and maintain a 
     uniform benchmark for the residual ballot error rate that 
     jurisdictions may not exceed. For purposes of the preceding 
     sentence, the residual vote error rate shall be equal to the 
     combination of overvotes, spoiled or uncountable votes, and 
     undervotes cast in the contest at the top of the ballot, but 
     excluding an estimate, based upon the best available 
     research, of intentional undervotes. The Commission shall 
     base the benchmark issued and maintained under this 
     subparagraph on evidence of good practices in representative 
     jurisdictions.
       (3) Historically high intentional undervotes.--
       (A) Congress finds that there are certain distinct 
     communities in certain geographic areas that have 
     historically high rates of intentional undervoting in 
     elections for Federal office, relative to the rest of the 
     Nation.
       (B) In establishing the benchmark described in subparagraph 
     (B), the Election Assistance Commission shall--
       (i) study and report to Congress on the occurrences of 
     distinct communities that have significantly higher than 
     average rates of historical intentional undervoting; and
       (ii) promulgate for local jurisdictions in which that 
     distinct community has a substantial presence either a 
     separate benchmark or an exclusion from the national 
     benchmark, as appropriate.

                     TITLE II--PROVISIONAL BALLOTS

     SEC. 201. REQUIREMENTS FOR CASTING AND COUNTING PROVISIONAL 
                   BALLOTS.

       (a) Eligibility of Provisional Ballots.--

[[Page S1665]]

       (1) 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 inserting at the end the following new sentence: 
     ``The determination of eligibility shall be made without 
     regard to the location at which the voter cast the 
     provisional ballot and without regard to any requirement to 
     present identification to any election official.''.
       (2) Effective date.--The amendment made by paragraph (1) 
     shall apply to States and jurisdictions on and after November 
     1, 2006.
       (b) Timely Processing of Ballots.--
       (1) In general.--Subsection (a) of section 302 of the Help 
     America Vote Act of 2002 (42 U.S.C. 15482(a)) is amended by 
     inserting after paragraph (5) the following new paragraph:
       ``(6) The appropriate State election official shall 
     develop, according to guidelines established by the Election 
     Assistance Commission, reasonable procedures to assure the 
     timely processing and counting of provisional ballots, 
     including--
       ``(A) standards for timely processing and counting to 
     assure that, after the conclusion of the provisional vote 
     count, parties and candidates may have full, timely, and 
     effective recourse to the recount and contest procedures 
     provided by State law; and
       ``(B) standards for the informed participation of 
     candidates and parties such as are consistent with reasonable 
     procedures to protect the security, confidentiality, and 
     integrity of personal information collected in the course of 
     the processing and counting of provisional ballots.''.
       (2) Effective date.--Subsection (d) of section 302 of the 
     Help America Vote Act of 2002 (42 U.S.C. 15482(d)) is 
     amended--
       (A) by striking ``Each State'' and inserting the following:
       ``(1) In general.--Except as provided in paragraph (2), 
     each State''; and
       (B) by inserting at the end the following new paragraph:
       ``(2) Processing.--Each State shall be required to comply 
     with the requirements of subsection (a)(6) on and after the 
     date that is 6 months after the date of the enactment of the 
     Count Every Vote Act of 2005.''.
       (3) Effective date.--The amendments made by this subsection 
     shall take effect on the date that is 6 months after the date 
     of enactment of this Act.

 TITLE III--ADDITIONAL REQUIREMENTS UNDER THE HELP AMERICA VOTE ACT OF 
                                  2002

                Subtitle A--Shortening Voter Wait Times

     SEC. 301. MINIMUM REQUIRED VOTING SYSTEMS, POLL WORKERS, AND 
                   ELECTION RESOURCES.

       (a) Minimum Requirements.--
       (1) In general.--Title III of the Help America Vote Act of 
     2002 (42 U.S.C. 15481 et seq.) is amended by adding at the 
     end the following new subtitle:

                 ``Subtitle C--Additional Requirements

     ``SEC. 321. MINIMUM REQUIRED VOTING SYSTEMS AND POLL WORKERS.

       ``(a) In General.--Each State shall provide for the minimum 
     required number of voting systems, poll workers, and other 
     election resources (including all other physical resources) 
     for each voting site on the day of any Federal election and 
     on any days during which such State allows early voting for a 
     Federal election in accordance with the standards determined 
     under section 299.
       ``(b) Voting Site.--For purposes of this section and 
     section 299, the term `voting site' means a polling location, 
     except that in the case of any polling location which serves 
     more than 1 precinct, such term shall mean a precinct.
       ``(c) Effective Date.--Each State shall be required to 
     comply with the requirements of this section on and after 
     October 1, 2006.''.
       (2) 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 subtitle C''.
       (b) Standards.--
       (1) In general.--Title II of the Help America Vote Act of 
     2002 (42 U.S.C. 15321 et seq.) is amended by adding at the 
     end the following new subtitle:

                  ``Subtitle E--Guidance and Standards

     ``SEC. 299. STANDARDS FOR ESTABLISHING THE MINIMUM REQUIRED 
                   VOTING SYSTEMS AND POLL WORKERS.

       ``(a) In General.--Not later than January 1, 2006, the 
     Commission shall issue standards regarding the minimum number 
     of voting systems, poll workers, and other election resources 
     (including all other physical resources) required under 
     section 321 on the day of any Federal election and on any 
     days during which early voting is allowed for a Federal 
     election.
       ``(b) Distribution.--
       ``(1) In general.--The standards described in subsection 
     (a) shall provide for a uniform and nondiscriminatory 
     distribution of such systems, workers, and other resources, 
     and shall take into account, among other factors, the 
     following with respect to any voting site:
       ``(A) The voting age population.
       ``(B) Voter turnout in past elections.
       ``(C) The number of voters registered.
       ``(D) The number of voters who have registered since the 
     most recent Federal election.
       ``(E) Census data for the population served by such voting 
     site.
       ``(F) The educational levels and socio-economic factors of 
     the population served by such voting site.
       ``(G) The needs and numbers of disabled voters and voters 
     with limited English proficiency.
       ``(H) The type of voting systems used.
       ``(2) No factor dispositive.--The standards shall provide 
     that any distribution of such systems shall take into account 
     the totality of all relevant factors, and no single factor 
     shall be dispositive under the standards.
       ``(3) Purpose.--To the extent possible, the standards shall 
     provide for a distribution of voting systems, poll workers, 
     and other election resources with the goals of--
       ``(A) ensuring an equal waiting time for all voters in the 
     State; and
       ``(B) preventing a waiting time of over 1 hour at any 
     polling place.
       ``(c) Deviation.--The standards described in subsection (a) 
     shall permit States, upon giving reasonable public notice, to 
     deviate from any allocation requirements in the case of 
     unforseen circumstances such as a natural disaster or 
     terrorist attack.''.
       (2) Conforming amendment.--Section 202 of the Help America 
     Vote Act of 2002 (42 U.S.C. 15322) is amended by 
     redesignating paragraphs (5) and (6) as paragraphs (6) and 
     (7), respectively, and by inserting after paragraph (4) the 
     following new paragraph:
       ``(5) carrying out the duties described under subtitle 
     E;''.

     SEC. 302. REQUIREMENTS FOR JURISDICTIONS WITH SUBSTANTIAL 
                   VOTER WAIT TIMES.

       (a) In General.--The Help America Vote Act of 2002 (42 
     U.S.C. 15301 et seq.) is amended by adding at the end the 
     following new title:

  ``TITLE X--REMEDIAL PLANS FOR STATES WITH EXCESSIVE VOTER WAIT TIMES

     ``SEC. 1001. REMEDIAL PLANS FOR STATES WITH EXCESSIVE VOTER 
                   WAIT TIMES.

       ``(a) In General.--Each jurisdiction for which the Election 
     Assistance Commission determines that a substantial number of 
     voters waited more than 90 minutes to cast a vote in the 
     election on November 2, 2004, shall comply with a State 
     remedial plan established under this section.
       ``(b) State Remedial Plans.--For each State or jurisdiction 
     which is required to comply with this section, the Election 
     Assistance Commission shall establish a State remedial plan 
     to minimize the waiting times of voters.
       ``(c) Jurisdiction.--For purposes of this section, the term 
     `jurisdiction' has the same meaning as the term `registrar's 
     jurisdiction' under section 8 of the National Voter 
     Registration Act of 1993.''.
       (b) Effective Date.--The amendment made by this section 
     shall take effect on the date of the enactment of this Act.

                 Subtitle B--No-excuse Absentee Voting

     SEC. 311. NO-EXCUSE ABSENTEE VOTING.

       Subtitle C of title III of the Help America Vote Act of 
     2002, as added by this Act, is amended by adding at the end 
     the following new section:

     ``SEC. 322. NO-EXCUSE ABSENTEE VOTING.

       ``(a) In General.--Each State and jurisdiction shall permit 
     any person who is otherwise qualified to vote in an election 
     for Federal office to vote in such election in a manner other 
     than in person without regard to any restrictions on absentee 
     voting under State law.
       ``(b) Submission and Processing.--
       ``(1) In general.--Any ballot cast under subsection (a) 
     shall be submitted and processed in the manner provided for 
     absentee ballots under State law.
       ``(2) Deadline.--Any ballot cast under subsection (a) shall 
     be counted if postmarked or signed before the close of the 
     polls on election day and received by the appropriate State 
     election official on or before the date which is 10 days 
     after the date of the election or the date provided for the 
     receipt of absentee ballots under State law, whichever is 
     later.
       ``(c) Effective Date.--Each State and jurisdiction shall be 
     required to comply with the requirements of this section on 
     and after October 1, 2006.''.

       Subtitle C--Collection and Dissemination of Election Data

     SEC. 321. DATA COLLECTION.

       Subtitle C of title III of the Help America Vote Act of 
     2002, as added and amended by this Act, is amended by adding 
     at the end the following new section:

     ``SEC. 323. PUBLIC REPORTS ON FEDERAL ELECTIONS.

       ``(a) In General.--Not later than 6 months after a Federal 
     election, each State and jurisdiction shall publicly report 
     information on such election, including the following 
     information with respect to the election:
       ``(1) The total number of individuals of voting age in the 
     population.
       ``(2) The total number of individuals registered to vote.
       ``(3) The total number of registered voters who voted.
       ``(4) The number of absentee and overseas ballots 
     requested, including the numbers of such ballots requested by 
     military personnel and citizens living overseas.
       ``(5) The number of absentee and overseas ballots cast, 
     including the numbers of such ballots cast by military 
     personnel and citizens living overseas.
       ``(6) The total number of absentee and overseas ballots 
     counted, including the number of such ballots which were cast 
     by military personnel and citizens living overseas that were 
     counted.
       ``(7) The total number of absentee and overseas ballots 
     rejected, including the numbers of such ballots which were 
     cast by military personnel and citizens living overseas

[[Page S1666]]

     that were rejected, and the reasons for any such rejections.
       ``(8) The number of votes cast in early voting at the polls 
     before the day of the election.
       ``(9) The number of provisional ballots cast.
       ``(10) The number of provisional ballots counted.
       ``(11) The number of provisional ballots rejected and the 
     reasons any provisional ballots were rejected.
       ``(12) The number of voting sites (within the meaning of 
     section 321(b)) in the State or jurisdiction.
       ``(13) The number of voting machines in each such voting 
     site on election day and the type of each voting machine.
       ``(14) The total number of voting machines available in the 
     State or jurisdiction for distribution to each such voting 
     site.
       ``(15) The total number of voting machines actually 
     distributed to such voting sites (including voting machines 
     distributed as replacement voting machines on the day of the 
     election).
       ``(16) The total number of voting machines of any type, 
     whether electronic or manual, that malfunctioned on the day 
     of the election and the reason for any malfunction.
       ``(17) The total number of voting machines that were 
     replaced on the day of the election.
       ``(b) Report by EAC.--The Commission shall collect the 
     information published under subsection (a) and shall report 
     to Congress not later than 9 months after any Federal 
     election the following:
       ``(1) The funding and expenditures of each State under the 
     provisions of this Act.
       ``(2) The voter turnout in the election.
       ``(3) The number of registered voters and the number of 
     individuals eligible to register who are not registered.
       ``(4) The number of voters who have registered to vote in a 
     Federal election since the most recent such election.
       ``(5) The extent to which voter registration information 
     has been shared among government agencies (including any 
     progress on implementing statewide voter registration 
     databases under section 303(a)).
       ``(6) The extent to which accurate voter information has 
     been maintained over time.
       ``(7) The number and types of new voting systems purchased 
     by States and jurisdictions.
       ``(8) The amount of time individuals waited to vote.
       ``(9) The number of early votes, provisional votes, 
     absentee ballots, and overseas ballots distributed, cast, and 
     counted.
       ``(10) The amount of training that poll workers received.
       ``(11) The number of poll workers.
       ``(12) The number of polling locations and precincts.
       ``(13) The ratio of the number of voting machines to the 
     number of registered voters.
       ``(14) any other information pertaining to electoral 
     participation as the Commission deems appropriate.
       ``(c) Each State and jurisdiction shall be required to 
     comply with the requirements of this section on and after 
     November 1, 2006.''.

                Subtitle D--Ensuring Well Run Elections

     SEC. 331. TRAINING OF ELECTION OFFICIALS.

       Subtitle C of title III of the Help America Vote Act of 
     2002, as added and amended by this Act, is amended by adding 
     at the end the following new section:

     ``SEC. 324. TRAINING OF ELECTION OFFICIALS.

       ``(a) In General.--Each State and jurisdiction shall 
     require that each person who works in a polling place during 
     an election for Federal office receives adequate training not 
     earlier than 3 months before the election.
       ``(b) Training.--The training required under subsection (a) 
     shall, at a minimum, include--
       ``(1) hands-on training on all voting systems used in the 
     election;
       ``(2) training on accommodating individuals with 
     disabilities, individuals who are of limited English 
     proficiency, and individuals who are illiterate;
       ``(3) training on requirements for the identification of 
     voters;
       ``(4) training on the appropriate use of provisional 
     ballots and the process for casting such ballots;
       ``(5) training on registering voters on the day of the 
     election;
       ``(6) training on which individuals have the authority to 
     challenge voter eligibility and the process for any such 
     challenges; and
       ``(7) training on security procedures.
       ``(c) Effective Date.--Each State and jurisdiction shall be 
     required to comply with the requirements of this section on 
     and after August 1, 2006.''.

     SEC. 332. IMPARTIAL ADMINISTRATION OF ELECTIONS.

       Subtitle C of title III of the Help America Vote Act of 
     2002, as added and amended by this Act, is amended by adding 
     at the end the following new section:

     ``SEC. 325. ELECTION ADMINISTRATION REQUIREMENTS.

       ``(a) Publication of State Election Laws.--
       ``(1) In general.--Each State shall be required to publish 
     all State laws, regulations, procedures, and practices 
     relating to Federal elections on January 1 of each year in 
     which there is a regularly scheduled election for a Federal 
     office.
       ``(2) Maintenance of laws on the internet.--Each State 
     shall be required to maintain an updated version of all 
     material published under paragraph (1) on an easily 
     accessible public web site on the Internet.
       ``(b) Notice of Changes in State Election Laws.--Not later 
     than 15 days prior to any Federal election, each State shall 
     issue a public notice describing all changes in State law 
     affecting voting in Federal elections and the administration 
     of Federal elections since the most recent prior such 
     election. If any State or local government makes any change 
     affecting the administration of Federal elections within 15 
     days of a Federal election, the State or local government 
     shall provide adequate public notice.
       ``(c) Observers.--
       ``(1) Standards.--Each State shall issue nondiscriminatory 
     standards for granting access to nonpartisan election 
     observers. Such standards shall take into account the need to 
     avoid disruption and crowding in polling places.
       ``(2) In general.--Each State shall allow uniform and 
     nondiscriminatory access to any polling place for purposes of 
     observing a Federal election to nonpartisan domestic 
     observers (including voting rights and civil rights 
     organizations) and international observers in accordance with 
     the standards published under paragraph (1).
       ``(3) Notice of denial of observation request.--Each State 
     shall issue a public notice with respect to any denial of a 
     request by any observer described in paragraph (2) for access 
     to any polling place for purposes of observing a Federal 
     election. Such notice shall be issued not later than 24 hours 
     after such denial.
       ``(d) Effective Date.--Each State shall be required to 
     comply with the requirements of this section on and after 
     October 1, 2006.''.

                Subtitle E--Standards for Purging Voters

     SEC. 341. STANDARDS FOR PURGING VOTERS.

       Subtitle C of title III of the Help America Vote Act of 
     2002, as added and amended by this Act, is amended by adding 
     at the end the following new section:

     ``SEC. 326. REMOVAL FROM VOTER REGISTRATION LIST.

       ``(a) Public Notice.--Not later than 45 days before any 
     Federal election, each State shall provide public notice of--
       ``(1) all names which have been removed from the voter 
     registration list of such State under section 303 since the 
     later of the most recent election for Federal office or the 
     day of the most recent previous public notice provided under 
     this section; and
       ``(2) the criteria, processes, and procedures used to 
     determine which names were removed.
       ``(b) Notice to Individual Voters.--
       ``(1) In general.--No individual shall be removed from the 
     voter registration list under section 303 unless such 
     individual is first provided with a notice which meets the 
     requirements of paragraph (2).
       ``(2) Requirements of notice.--The notice required under 
     paragraph (1) shall be--
       ``(A) provided to each voter in a uniform and 
     nondiscriminatory manner;
       ``(B) consistent with the requirements of the National 
     Voter Registration Act of 1993 (42 U.S.C. 1973gg et seq.); 
     and
       ``(C) in the form and manner prescribed by the Election 
     Assistance Commission.
       ``(c) Privacy.--No State or jurisdiction may disclose the 
     reason for the removal of any voter from the voter 
     registration list unless ordered to do so by a court of 
     competent jurisdiction.
       ``(d) Effective Date.--Each State shall be required to 
     comply with the requirements of this section on and after 
     September 1, 2006.''.

         Subtitle F--Election Day Registration and Early Voting

     SEC. 351. ELECTION DAY REGISTRATION.

       (a) Requirement.--Subtitle C of title III of the Help 
     America Vote Act of 2002, as added and amended by this Act, 
     is amended by adding at the end the following new section:

     ``SEC. 327. ELECTION DAY REGISTRATION.

       ``(a) In General.--
       ``(1) Registration.--Notwithstanding section 8(a)(1)(D) of 
     the National Voter Registration Act of 1993 (42 U.S.C. 
     1973gg-6), each State shall permit any individual on the day 
     of a Federal election--
       ``(A) to register to vote in such election at the polling 
     place using the form established by the Election Assistance 
     Commission pursuant to section 299A; and
       ``(B) to cast a vote in such election and have that vote 
     counted in the same manner as a vote cast by an eligible 
     voter who properly registered during the regular registration 
     period.
       ``(2) Exception.--The requirements under paragraph (1) 
     shall not apply to a State in which, under a State law in 
     effect continuously on and after the date of the enactment of 
     this Act, there is no voter registration requirement for 
     individuals in the State with respect to elections for 
     Federal office.
       ``(b) Effective Date.--Each State shall be required to 
     comply with the requirements of subsection (a) on and after 
     October 1, 2006.''.
       (b) Election Day Registration Form.--Subtitle E of title II 
     of the Help America Vote Act of 2002, as added by this Act, 
     is amended by adding at the end the following new section:

     ``SEC. 299A. ELECTION DAY REGISTRATION FORM.

       ``The Commission shall develop an election day registration 
     form for elections for Federal office.''.

     SEC. 352. EARLY VOTING.

       (a) Requirements.--Subtitle C of title III of the Help 
     America Vote Act of 2002, as added and amended by this Act, 
     is amended by adding at the end the following new section:

[[Page S1667]]

     ``SEC. 328. EARLY VOTING.

       ``(a) In General.--Each State shall allow individuals to 
     vote in an election for Federal office not less than 15 days 
     prior to the day scheduled for such election in the same 
     manner as voting is allowed on such day.
       ``(b) Minimum Early Voting Requirements.--Each polling 
     place which allows voting prior to the day of a Federal 
     election pursuant to subsection (a) shall--
       ``(1) allow such voting for no less than 4 hours on each 
     day (other than Sunday); and
       ``(2) have minimum uniform hours each day for which such 
     voting occurs.
       ``(c) Application of Election Day Registration to Early 
     Voting.--A State shall permit individuals to register to vote 
     at each polling place which allows voting prior to the day of 
     a Federal election pursuant to subsection (a) in the same 
     manner as the State is required to permit individuals to 
     register to vote and vote on the day of the election under 
     section 327.
       ``(d) Effective Date.--Each State shall be required to 
     comply with the requirements of this section on and after 
     October 1, 2006.''.
       (b) Standards for Early Voting.--Subtitle E of the Help 
     America Vote Act of 2002, as added and amended by this Act, 
     is amended by adding at the end the following new section:

     ``SEC. 299B. STANDARDS FOR EARLY VOTING.

       ``(a) In General.--The Commission shall issue standards for 
     the administration of voting prior to the day scheduled for a 
     Federal election. Such standards shall include the 
     nondiscriminatory geographic placement of polling places at 
     which such voting occurs and the public listing of the date, 
     time, and location of polling places no earlier than 10 days 
     before the date on which such voting begins.
       ``(b) Deviation.--The standards described in subsection (a) 
     shall permit States, upon giving reasonable public notice, to 
     deviate from any requirement in the case of unforeseen 
     circumstances such as a natural disaster or a terrorist 
     attack.''.

            TITLE IV--VOTER REGISTRATION AND IDENTIFICATION

     SEC. 401. VOTER REGISTRATION.

       (a) In General.--Paragraph (4) of section 303(b) of the 
     Help America Vote Act of 2002 (42 U.S.C. 15483(b)(4)) is 
     amended by adding at the end the following new subparagraph:
       ``(C) Exception.--On and after the date of the enactment of 
     this Act--
       ``(i) in lieu of the questions and statements required 
     under subparagraph (A), such mail voter registration form 
     shall include an affidavit to be signed by the registrant 
     attesting both to citizenship and age; and
       ``(ii) subparagraph (B) shall not apply.''.
       (b) Processing of Registration Applications.--
       (1) In general.--Subtitle C of title III of the Help 
     America Vote Act of 2002, as added and amended by this Act, 
     is amended by adding at the end the following new section:

     ``SEC. 329. PROCESSING OF REGISTRATION APPLICATIONS.

       ``(a) In General.--Notwithstanding any other provision of 
     law, each State and jurisdiction shall accept and process a 
     voter registration application for an election for Federal 
     office unless there is a material omission or information 
     that specifically affects the eligibility of the voter.
       ``(b) Presumption to Register.--There shall be a 
     presumption that persons who submit voter registration 
     applications should be registered.
       ``(c) Presumption to Cure Material Omission.--Each State 
     and jurisdiction shall--
       ``(1) provide a process to permit voters an opportunity to 
     cure any material omission within a reasonable period of 
     time; and
       ``(2) accept any application which is so cured as having 
     been filed on the date on which such application is 
     originally received.
       ``(d) Effective Date.--Each State and jurisdiction shall be 
     required to comply with the requirements of this subsection 
     on and after October 1, 2006.''.
       (2) Material omission.--Subtitle E of title II of the Help 
     America Vote Act of 2002, as added and amended by this Act, 
     is amended by adding at the end the following new section:

     ``SEC. 299C. STANDARDS FOR MATERIAL OMISSION FROM 
                   REGISTRATION FORMS.

       ``(a) In General.--The Election Assistance Commission shall 
     establish guidelines as to what does and does not constitute 
     a `material omission or information that specifically affects 
     the eligibility of the voter' for purposes of section 329.
       ``(b) Certain Information Not a Material Omission.--In 
     establishing the guidelines under subsection (a), the 
     Commission shall provide that the following shall not 
     constitute a `material omission or information that 
     specifically affects the eligibility of the voter':
       ``(1) The failure to provide a social security number or 
     driver's license number.
       ``(2) The failure to provide information concerning 
     citizenship or age in a manner other than the attestation 
     required under section 9(b)(2) of the National Voter 
     Registration Act of 1993 (42 U.S.C. 1973-gg-7).''.
       (c) Internet Registration.--
       (1) In general.--Subtitle C of title II of the Help America 
     Vote Act of 2002 (42 U.S.C. 15381), as added and amended by 
     this Act, is amended by redesignating section 249 as section 
     250 and by inserting after section 248 the following new 
     section:

     ``SEC. 249. STUDY ON INTERNET REGISTRATION AND OTHER USES OF 
                   THE INTERNET IN FEDERAL ELECTIONS.

       ``(a) Study.--The Commission shall conduct a study on--
       ``(1) the feasibility of voter registration through the 
     Internet for Federal elections; and
       ``(2) other uses of the Internet in Federal elections, 
     including--
       ``(A) the use of the Internet to publicize information 
     related to Federal elections; and
       ``(B) the use of the Internet to vote in Federal elections.
       ``(b) Report.--Not later than 6 months after the date of 
     the enactment of the Count Every Vote Act of 2005, the 
     Commission shall transmit to Congress a report on the results 
     of the study conducted under subsection (a).''.
       (2) Effective date.--The amendments made by this subsection 
     shall take effect on the date of the enactment of this Act.

     SEC. 402. ESTABLISHING VOTER IDENTIFICATION.

       (a) In General.--
       (1) In person voting.--Clause (i) of section 303(b)(2)(A) 
     of the Help America Vote Act of 2002 (42 U.S.C. 
     15483(b)(2)(A)(i)) is amended by striking ``or'' at the end 
     of subclause (I) and by adding at the end the following new 
     subclause:

       ``(III) executes a written affidavit attesting to such 
     individual's identity; or''.

       (2) Voting by mail.--Clause (ii) of section 303(b)(2)(A) of 
     the Help America Vote Act of 2002 (42 U.S.C. 
     15483(b)(2)(A)(ii)) is amended by striking ``or'' at the end 
     of subclause (I), by striking the period at the end of 
     subclause (II) and inserting ``; or'', and by adding at the 
     end the following new subclause:

       ``(III) a written affidavit, executed by such individual, 
     attesting to such individual's identity.''.

       (3) Effective date.--Each State and jurisdiction shall be 
     required to comply with the amendments made by this 
     subsection on and after November 1, 2006.
       (b) Standards for Verifying Voter Information.--Subtitle E 
     of the Help America Vote Act of 2002, as added and amended by 
     this Act, is amended by adding at the end the following new 
     section:

     ``SEC. 299D. VOTER IDENTIFICATION.

       ``The Commission shall develop standards for verifying the 
     identification information required under section 303(a)(5) 
     in connection with the registration of an individual to vote 
     in a Federal election.''.
       (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.), as amended by this Act, is amended by adding 
     at the end the following:

                     ``PART 8--PHOTO IDENTIFICATION

     ``SEC. 298A. 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.
       ``(b) 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 and who cannot obtain an identification 
     card without undue hardship.
       ``(c) 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 298B; 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. 298B. 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 $10,000,000 for fiscal year 
     2006 and such sums as are necessary for each subsequent 
     fiscal year for the purpose of making payments under section 
     298A.
       ``(b) Availability.--Any amounts appropriated pursuant to 
     the authority of this section shall remain available until 
     expended.''.

     SEC. 403. REQUIREMENT FOR FEDERAL CERTIFICATION OF 
                   TECHNOLOGICAL SECURITY OF VOTER REGISTRATION 
                   LISTS.

       (a) In General.--Section 303(a)(3) of the Help America Vote 
     Act of 2002 (42 U.S.C. 15483(a)(3)) is amended by striking 
     ``measures to prevent the'' and inserting ``measures, as 
     certified by the Election Assistance Commission, to 
     prevent''.
       (b) Effective Date.--The amendment made by this section 
     shall take effect on the date of the enactment of this Act.

          TITLE V--PROHIBITION ON CERTAIN CAMPAIGN ACTIVITIES

     SEC. 501. PROHIBITION ON CERTAIN CAMPAIGN ACTIVITIES.

       (a) In General.--Title III of the Federal Election Campaign 
     Act of 1971 (2 U.S.C. 431 et seq.) is amended by inserting 
     after section 319 the following new section:


     ``CAMPAIGN ACTIVITIES BY ELECTION OFFICIALS AND VOTING SYSTEM 
                             MANUFACTURERS

       ``Sec. 319A. (a) Prohibition.--
       ``(1) Chief state election officials.--It shall be unlawful 
     for any chief State election

[[Page S1668]]

     official to take part in prohibited political activities with 
     respect to any election for Federal office over which such 
     official has managerial authority.
       ``(2) Voting system manufacturers.--It shall be unlawful 
     for any person who owns or serves as the chief executive 
     officer, chief financial officer, chief operating officer, or 
     president of any entity that designs or manufacturers a 
     voting system to take part in prohibited political activities 
     with respect to any election for a Federal office for which a 
     voting system produced by such manufacturer is used.
       ``(b) Definitions.--For purposes of this section:
       ``(1) Chief state election official.--The term `chief State 
     election official' means the individual designated as such 
     under section 10 of the National Voter Registration Act of 
     1993.''
       ``(2) Prohibited political activities.--The term 
     `prohibited political activities' means campaigning to 
     support or oppose a candidate or slate of candidates for 
     Federal office, making public speeches in support of such a 
     candidate, fundraising and collecting contributions on behalf 
     of such a candidate, distributing campaign materials with 
     respect to such a candidate, organizing campaign events with 
     respect to such a candidate, and serving in any position on 
     any political campaign committee of such a candidate.
       ``(b) Ownership.--For purposes of subsection (a)(2), a 
     person shall be considered to own an entity if such person 
     controls at least 20 percent, by vote or value, of the 
     entity.''.
       (b) Effective Date.--The amendments made by this section 
     shall take effect on the date of the enactment of this Act.

                  TITLE VI--ENDING DECEPTIVE PRACTICES

     SEC. 601. ENDING DECEPTIVE PRACTICES.

       (a) In General.--
       (1) Subsection (b) of section 2004 of the Revised Statutes 
     (42 U.S.C. 1971(b)) is amended--
       (A) by striking ``No person'' and inserting the following:
       ``(1) In general.--No person''; and
       (B) by inserting at the end the following new paragraph:
       ``(2) Deceptive acts.--No person, whether acting under 
     color of law or otherwise, shall knowingly deceive any other 
     person regarding the time, place, or manner of conducting a 
     general, primary, run-off, or special election for the office 
     of President, Vice President, presidential elector, Member of 
     the Senate, or Member of the House of Representatives, 
     Delegates, or Commissioners from the Territories or 
     possessions; nor shall any person knowingly deceive any 
     person regarding the qualifications or restrictions of voter 
     eligibility for any general, primary, run-off, or special 
     election for the office of President, Vice President, 
     presidential elector, Member of the Senate, or Member of the 
     House of Representatives, Delegates, or Commissioners from 
     the Territories or possessions.''.
       (2) The heading of section 2004(b) of the Revised Statutes 
     is amended by striking ``or coercion'' and inserting 
     ``coercion, or deceptive acts''.
       (b) Criminal Penalty.--Section 594 of title 18, United 
     States Code, is amended--
       (1) by striking ``Whoever'' and inserting the following:
       ``(a) Intimidation.--Whoever''; and
       (2) by inserting at the end the following:
       ``(b) Deceptive Acts.--Whoever knowingly deceives any 
     person regarding--
       ``(1) the time, place, or manner of conducting a general, 
     primary, run-off, or special election for the office of 
     President, Vice President, presidential elector, Member of 
     the Senate, or Member of the House of Representatives, 
     Delegates, or Commissioners from the Territories or 
     possessions; or
       ``(2) the qualifications or restrictions of voter 
     eligibility for any general, primary, run-off or special 
     election for the office of President, Vice President, 
     presidential elector, Member of the Senate, or Member of the 
     House of Representatives, Delegates, or Commissioners from 
     the Territories or possessions

     shall be fined under this title, imprisoned not more than one 
     year, or both.''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect on the date of the enactment of this Act.

             TITLE VII--CIVIC PARTICIPATION BY EX-OFFENDERS

     SEC. 701. VOTING RIGHTS OF INDIVIDUALS CONVICTED OF CRIMINAL 
                   OFFENSES.

       (a) Short Title.--This title may be cited as the Civic 
     Participation Act of 2005.
       (b) Findings and Purpose.--
       (1) Findings.--Congress makes the following findings:
       (A) The right to vote is the most basic constitutive act of 
     citizenship and regaining the right to vote reintegrates 
     offenders into free society. The right to vote may not be 
     abridged or denied by the United States or by any State on 
     account of race, color, gender, or previous condition of 
     servitude. Basic constitutional principles of fairness and 
     equal protection require an equal opportunity for United 
     States citizens to vote in Federal elections.
       (B) Congress has ultimate supervisory power over Federal 
     elections, an authority that has repeatedly been upheld by 
     the Supreme Court.
       (C) Although State laws determine the qualifications for 
     voting in Federal elections, Congress must ensure that those 
     laws are in accordance with the Constitution. Currently, 
     those laws vary throughout the Nation, resulting in 
     discrepancies regarding which citizens may vote in Federal 
     elections.
       (D) An estimated 4,700,000 individuals in the United 
     States, or 1 in 44 adults, currently cannot vote as a result 
     of a felony conviction. Women represent about 676,000 of 
     those 4,700,000.
       (E) State disenfranchisement laws disproportionately impact 
     ethnic minorities.
       (F) Fourteen States disenfranchise some or all ex-offenders 
     who have fully served their sentences, regardless of the 
     nature or seriousness of the offense.
       (G) In those States that disenfranchise ex-offenders who 
     have fully served their sentences, the right to vote can be 
     regained in theory, but in practice this possibility is often 
     illusory.
       (H) In those States that disenfranchise ex-offenders, an 
     ex-offender's right to vote can only be restored through a 
     gubernatorial pardon or order, or a certificate granted by a 
     parole board. Some States require waiting periods as long as 
     10 years after completion of the sentence before an ex-
     offender can initiate the application for restoration of the 
     right to vote.
       (I) Offenders convicted of a Federal offense often have 
     additional barriers to regaining voting rights. Many States 
     do not offer a restoration procedure for Federal offenders 
     who have completed supervision. The only method available to 
     such persons is a Presidential pardon.
       (J) Few persons who seek to have their right to vote 
     restored have the financial and political resources needed to 
     succeed.
       (K) Thirteen percent of the African-American adult male 
     population, or 1,400,000 African-American men, are 
     disenfranchised. Given current rates of incarceration, 3 in 
     10 African-American men in the next generation will be 
     disenfranchised at some point during their lifetimes. 
     Hispanic citizens are also disproportionately 
     disenfranchised, since those citizens are disproportionately 
     represented in the criminal justice system.
       (L) The discrepancies described in this paragraph should be 
     addressed by Congress, in the name of fundamental fairness 
     and equal protection.
       (2) Purpose.--The purpose of this title is to restore 
     fairness in the Federal election process by ensuring that ex-
     offenders who have fully served their sentences are not 
     denied the right to vote.
       (c) Definitions.--In this title:
       (1) Correctional institution or facility.--The term 
     ``correctional institution or facility'' means any prison, 
     penitentiary, jail, or other institution or facility for the 
     confinement of individuals convicted of criminal offenses, 
     whether publicly or privately operated, except that such term 
     does not include any residential community treatment center 
     (or similar public or private facility).
       (2) Election.--The term ``election'' means--
       (A) a general, special, primary, or runoff election;
       (B) a convention or caucus of a political party held to 
     nominate a candidate;
       (C) a primary election held for the selection of delegates 
     to a national nominating convention of a political party; or
       (D) a primary election held for the expression of a 
     preference for the nomination of persons for election to the 
     office of President.
       (3) Federal office.--The term ``Federal office'' means the 
     office of President or Vice President, or of Senator or 
     Representative in, or Delegate or Resident Commissioner to, 
     Congress.
       (4) Parole.--The term ``parole'' means parole (including 
     mandatory parole), or conditional or supervised release 
     (including mandatory supervised release), imposed by a 
     Federal, State, or local court.
       (5) Probation.--The term ``probation'' means probation, 
     imposed by a Federal, State, or local court, with or without 
     a condition on the individual involved concerning--
       (A) the individual's freedom of movement;
       (B) the payment of damages by the individual;
       (C) periodic reporting by the individual to an officer of 
     the court; or
       (D) supervision of the individual by an officer of the 
     court.
       (d) Rights of Citizens.--The right of an individual who is 
     a citizen of the United States to vote in any election for 
     Federal office shall not be denied or abridged because that 
     individual has been convicted of a criminal offense unless, 
     at the time of the election, such individual--
       (1) is serving a felony sentence in a correctional 
     institution or facility; or
       (2) is on parole or probation for a felony offense
       (e) Enforcement.--
       (1) Attorney general.--The Attorney General may bring a 
     civil action in a court of competent jurisdiction to obtain 
     such declaratory or injunctive relief as is necessary to 
     remedy a violation of this section.
       (2) Private right of action.--
       (A) Notice.--A person who is aggrieved by a violation of 
     this section may provide written notice of the violation to 
     the chief election official of the State involved.
       (B) Action.--Except as provided in subparagraph (C), if the 
     violation is not corrected within 90 days after receipt of a 
     notice provided under subparagraph (A), or within

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     20 days after receipt of the notice if the violation occurred 
     within 120 days before the date of an election for Federal 
     office, the aggrieved person may bring a civil action in such 
     a court to obtain declaratory or injunctive relief with 
     respect to the violation.
       (C) Action for violation shortly before a federal 
     election.--If the violation occurred within 30 days before 
     the date of an election for Federal office, the aggrieved 
     person shall not be required to provide notice to the chief 
     election official of the State under subparagraph (A) before 
     bringing a civil action in such a court to obtain declaratory 
     or injunctive relief with respect to the violation.
       (f) Relation to Other Laws.--
       (1) No prohibition on less restrictive laws.--Nothing in 
     this section shall be construed to prohibit a State from 
     enacting any State law that affords the right to vote in any 
     election for Federal office on terms less restrictive than 
     those terms established by this section.
       (2) No limitation on other laws.--The rights and remedies 
     established by this section shall be in addition to all other 
     rights and remedies provided by law, and shall not supersede, 
     restrict, or limit the application of the Voting Rights Act 
     of 1965 (42 U.S.C. 1973 et seq.) or the National Voter 
     Registration Act of 1993 (42 U.S.C. 1973gg et seq.).
       (g) Notification of Restoration of Voting Rights.--Subtitle 
     C of title III of the Help America Vote Act of 2002, as added 
     and amended by this Act, is amended by adding at the end the 
     following new section:

     ``SEC. 330. NOTIFICATION OF RESTORATION OF VOTING RIGHTS.

       ``(a) Notification.--
       ``(1) In general.--On the date determined under subsection 
     (b), each State shall notify any qualified ex-offender who 
     resides in the State that such qualified ex-offender has the 
     right to vote in an election for Federal office pursuant to 
     the Civic Participation Act of 2005 and may register to vote 
     in any such election.
       ``(2) Qualified ex-offender.--For the purpose of this 
     section, the term `qualified ex-offender' means any 
     individual who resides in the State who has been convicted of 
     a criminal offense and is not serving a felony sentence in a 
     correctional institution or facility and who is not on parole 
     or probation for a felony offense.
       ``(b) Date of Notification.--The notification required 
     under subsection (a) shall be given on the later of the date 
     on which such individual is released from a correctional 
     institution or facility for serving a felony sentence or the 
     date on which such individual is released from parole for a 
     felony offense.
       ``(c) Definitions.--Any term which is used in this section 
     that is also used in the Civic Participation Act of 2005 
     shall have the meaning given to such term in that Act.
       ``(d) Effective Date.--Each State shall be required to 
     comply with the requirements of this section on and after the 
     date of the enactment of the Civic Participation Act of 
     2005.''.
       (h) Effective Date.--
       (1) In general.--This section shall apply to citizens of 
     the United States voting in any election for Federal office 
     after the date of the enactment of this Act.
       (2) Amendments.--The amendment made by subsection (g) shall 
     take effect on the date of the enactment of this Act.

                  TITLE VIII--FEDERAL ELECTION DAY ACT

     SEC. 801. SHORT TITLE.

       This title may be cited as the ``Federal Election Day Act 
     of 2005''.

     SEC. 802. FEDERAL ELECTION DAY AS A PUBLIC HOLIDAY.

       (a) Election Day as a Federal Holiday.--Section 6103(a) of 
     title 5, United States Code, is amended by inserting after 
     the matter relating to Columbus Day, the following 
     undesignated paragraph:
        ``Federal Election Day, the Tuesday next after the first 
     Monday in November in each even numbered year.''.
       (b) Conforming Amendment.--Section 241(b) of the Help 
     America Vote Act of 2002 (42 U.S.C. 15381(b)) is amended by 
     striking paragraph (10) and by redesignating paragraphs (11) 
     through (19) as paragraphs (10) through (18), respectively.
       (c) Effective Date.--The amendments made by this section 
     shall take effect on the date of the enactment of this Act.

     SEC. 803. STUDY ON ENCOURAGING GOVERNMENT EMPLOYEES TO SERVE 
                   AS POLL WORKERS.

       (a) In General.--Subtitle C of title II of the Help America 
     Vote Act of 2002 (42 U.S.C. 15381), as added and amended by 
     this Act, is amended by redesignating section 250 as section 
     250A and by inserting after section 249 the following new 
     section:

     ``SEC. 250. STUDY ON ENCOURAGING GOVERNMENT EMPLOYEES TO 
                   SERVE AS POLL WORKERS.

       ``(a) Study.--The Commission shall conduct a study on 
     appropriate methods to encourage State and local government 
     employees to serve as poll workers in Federal elections.
       ``(b) Report.--Not later than 6 months after the date of 
     the enactment of the Count Every Vote Act of 2005, the 
     Commission shall transmit to Congress a report on the results 
     of the study conducted under subsection (a).
       ``(c) Authorization of Appropriations.--Of the amount 
     authorized to be appropriated under section 210 for fiscal 
     year 2006, $100,000 shall be authorized solely to carry out 
     the purposes of this section.''.
       (b) Effective Date.--The amendments made by this section 
     shall take effect on the date of the enactment of this Act.

   TITLE IX--TRANSMISSION OF CERTIFICATE OF ASCERTAINMENT OF ELECTORS

     SEC. 901. TRANSMISSION OF CERTIFICATE OF ASCERTAINMENT OF 
                   ELECTORS.

       (a) In General.--Section 6 of title 3, United States Code, 
     is amended--
       (1) by inserting ``and before the date that is 6 days 
     before the date on which the electors are to meet under 
     section 7,'' after ``under and in pursuance of the laws of 
     such State providing for such ascertainment,''; and
       (2) by striking ``by registered mail'' and inserting ``by 
     overnight courier''.
       (b) Effective Date.--The amendments made by this section 
     shall take effect on the date of the enactment of this Act.

       TITLE X--STRENGTHENING THE ELECTION ASSISTANCE COMMISSION

     SEC. 1001. STRENGTHENING THE ELECTION ASSISTANCE COMMISSION.

       (a) Rulemaking Authority.--Part 1 of subtitle A of Title II 
     of the Help America Vote Act of 2002 (42 U.S.C. 15321 et 
     seq.) is amended by striking section 209.
       (b) Budget Requests.--Part 1 of subtitle A of title II of 
     the Help America Vote Act of 2002 (42 U.S.C. 15321 et seq.), 
     as amended by subsection (a), is amended by inserting after 
     section 208 the following new section:

     ``SEC. 209. SUBMISSION OF BUDGET REQUESTS.

       ``Whenever the Commission submits any budget estimate or 
     request to the President or the Office of Management and 
     Budget, it shall concurrently transmit a copy of such 
     estimate or request to the Congress and to the Committee on 
     House Administration of the House of Representatives and the 
     Committee on Rules and Administration of the Senate.''.
       (c) Exemption From Paperwork Reduction Act.--Paragraph (1) 
     of section 3502 of title 44, United States Code, is amended 
     by redesignating subparagraphs (B), (C), and (D) as 
     subparagraphs (C), (D), and (E), respectively, and by 
     inserting after subparagraph (A) the following new 
     subparagraph:
       ``(B) the Election Assistance Commission;''.
       (d) NIST Authority.--Subtitle E of title II of the Help 
     America Vote Act of 2002, as added and amended by this Act, 
     is amended by adding at the end the following new section:

     ``SEC. 299E. TECHNICAL SUPPORT.

       ``At the request of the Commission, the Director of the 
     National Institute of Standards and Technology shall provide 
     the Commission with technical support necessary for the 
     Commission to carry out its duties under this title.''.
       (e) Authorization of Appropriations.--Section 210 of the 
     Help America Vote Act of 2002 (42 U.S.C. 15330) is amended by 
     striking ``for each of fiscal years 2003 through 2005 such 
     sums as may be necessary (but not to exceed $10,000,000 for 
     each such year)'' and inserting ``$35,000,000 for fiscal year 
     2006 (of which $4,000,000 are authorized solely to carry out 
     the purposes of section 299E) and such sums as may be 
     necessary for the succeeding fiscal year''.
       (f) Effective Date.--The amendments made by this section 
     shall take effect on the date of the enactment of this Act.

     SEC. 1002. REPEAL OF EXEMPTION OF ELECTION ASSISTANCE 
                   COMMISSION FROM CERTAIN GOVERNMENT CONTRACTING 
                   REQUIREMENTS.

       (a) In General.--Section 205 of the Help America Vote Act 
     of 2002 (42 U.S.C. 15325) is amended by striking subsection 
     (e).
       (b) Effective Date.--The amendment made by subsection (a) 
     shall apply with respect to contracts entered into by the 
     Election Assistance Commission on or after the date of 
     enactment of this Act.

     SEC. 1003. AUTHORIZATION OF APPROPRIATIONS.

       Subsection (a) of section 257 of the Help America Vote Act 
     of 2002 (42 U.S.C. 15408(a)) is amended by adding at the end 
     the following new paragraphs:
       ``(4) For fiscal year 2006, $3,000,000,000.
       ``(5) For each fiscal year after 2006, such sums as are 
     necessary.''.
  Mrs. BOXER. Mr. President, today I join Senator Clinton in 
introducing the Count Every Vote Act of 2005.
  The 2000 election exposed a number of serious problems with the 
accuracy and fairness of election procedures in this country, as well 
as the reliability of certain types of voting technology. As a result 
of those irregularities, many eligible voters were effectively 
disenfrachised and thus deprived of one of our most fundamental rights.
  In the 2004 election, we again saw serious irregularities when voters 
across this country went to the polls to cast their votes. From 
untrustworthy electronic voting machines, to partisan secretaries of 
state, to outrageously long lines at the polls, the election system was 
far from what voters are entitled to have.
  At Kenyon College in Ohio, for example, voters were made to wait in 
line until nearly 4 a.m. to vote because there were only two machines 
for 1,300 voters. In the Columbus area alone, an estimated 5,000 to 
10,000 voters left

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polling places, out of frustration, without having voted. In Cleveland, 
thousands of provisional ballots were disqualified after poll workers 
gave faulty instructions to voters.
  Because of these irregularities--as well as voting irregularities in 
many other places--I joined Congresswoman Stephanie Tubbs Jones of Ohio 
in objecting to the certification of the Ohio electoral votes on 
January 7, 2005. I did this to cast the light of truth on a flawed 
system that must be fixed now. Americans deserve a system where every 
vote is counted and can be verified. And, Congress must do more to give 
confidence to all of our people that their votes matter.
  In 2002, Congress passed the Help America Vote Act (HAVA), which took 
important steps toward electoral reform. Since the enactment of HAVA, 
however, concerns have been raised about the security of voting 
machines and the inability of the majority of voters who may use these 
machines to be able to adequately verify their vote and to ensure that 
the vote they intended was both cast and counted. In addition, many 
other problems in our Federal election system--including long wait 
times in which to vote, the erroneous purging of voters, voter 
suppression and intimidation, and unequal access to the voting 
process--remain.
  Last year, I sponsored legislation to address some of these issues. I 
also joined Senator Clinton and former Senator Bob Graham in 
introducing an election reform bill. I am pleased to again join Senator 
Clinton today to introduce the Count Every Vote Act of 2005--the CEVA 
Voting Act. It requires voting machines to have a voter-verified paper 
trail for use by all individuals, including language minority voters, 
illiterate voters, and voters with disabilities; and it mandates 
national standards in the registration of voters and the counting of 
provisional ballots. All provisions of this legislation are to be in 
effect no later than the November 2006 Federal election.
  Mr. President, in a democracy, the vote of every citizen counts. We 
must make sure that every citizen's vote is counted--and counted 
accurately and fairly so that the American people have confidence in 
the results. HAVA was a good first step. The CEVA Voting Act is the 
next step, and I encourage my colleagues to join me in this effort.
                                 ______