[Congressional Record Volume 156, Number 65 (Tuesday, May 4, 2010)]
[Senate]
[Pages S3098-S3099]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. WYDEN (for himself and Mr. Kerry):
  S. 3301. A bill to establish an Online Voter Registration grant 
program; to the Committee on Rules and Administration.
  Mr. WYDEN. Mr. President, I ask unanimous consent that the text of 
the bill be printed in the Record.
  There being no objeciton, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 3301

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Online Voter Registration 
     Act of 2010''.

     SEC. 2. FINDINGS.

       Congress makes the following findings:
       (1) Americans have become increasingly comfortable with 
     using the Internet for a wide range of purposes, including 
     gathering information, purchasing items, performing financial 
     transactions, and obtaining information and services from the 
     Government.
       (2) In 2008, 74 percent of adults in the United States 
     reported using the Internet, according to the Pew Internet 
     and American Life Project. Of those adults, 89 percent 
     reported using the Internet to find information, 71 percent 
     made purchases over the Internet, 70 percent read news 
     online, 56 percent looked up campaign or political 
     information, 55 percent utilized online banking, and 59 
     percent visited Government Internet websites.
       (3) The Internet is well-suited to allow individuals to 
     provide and update personal information. Completing such 
     tasks online saves time, reduces paper, increases efficiency, 
     and lowers costs.
       (4) Many States already allow citizens to access Government 
     services online, including renewing driver's licenses and 
     registering cars.
       (5) Two States, Arizona and Washington, have already 
     implemented online voter registration systems, and a number 
     of other States are in the process of adopting online voter 
     registration systems.
       (6) Although 2008 was the first election cycle that the 
     online voter registration system was in place in Washington 
     State, in the month prior to the general election, voter use 
     of the online voter registration system exceeded that of 
     mail-in registration cards by more than 20 percent.
       (7) Younger adults who are registering to vote for the 
     first time are the most adept Internet users and expect to be 
     able to accomplish most tasks online. In 2008, 87 percent of 
     adults age 18 to 29 used the Internet. In Washington State, 
     voters age 18 to 24 had the highest rate of use of its online 
     voter registration system.
       (8) During the 2008 election cycle, Washington State 
     processed about 130,000 online voter registration 
     transactions.
       (9) Implementing an online voter registration requires an 
     initial investment to purchase the needed technology and to 
     input existing voter information into the registration 
     database. Washington State, for example, spent $278,000 to 
     establish its online voter registration system.
       (10) Once in place, online voter registration systems allow 
     the processing of new voter registrations, changes of address 
     or party, and requests for absentee ballots.
       (11) Washington State reports that it costs approximately 
     25 cents to process paper voter registration cards and 43 
     cents to process those submitted via the department of motor 
     vehicles in compliance with the National Voter Registration 
     Act of 1993 (42 U.S.C. 1973gg et seq.). Voters must also pay 
     postage costs for registration cards sent through the mail. 
     Once in place, the online voter registration system requires 
     no processing by staff in order to complete a transaction, 
     and therefore has no per transaction cost. For the 2008 
     general election, the online voter registration system saved 
     Washington State $32,500, and saved consumers $54,600 in 
     postage costs, which resulted in total savings to the State 
     and consumers of over $87,000.

     SEC. 3. DEFINITIONS.

       In this Act:
       (1) Election.--The term ``election'' means any general, 
     special, primary, or runoff election.
       (2) Participating state.--The term ``participating State'' 
     means a State receiving a grant under the Online Voter 
     Registration grant program under section 4.
       (3) State.--The term ``State'' means a State of the United 
     States, the District of Columbia, the Commonwealth of Puerto 
     Rico, or a territory or possession of the United States.

     SEC. 4. ONLINE VOTER REGISTRATION GRANT PROGRAM.

       (a) Establishment.--The Election Assistance Commission 
     shall establish an Online Voter Registration grant program 
     (in this section referred to as the ``program'').

[[Page S3099]]

       (b) Purpose.--The purpose of the program is to make grants 
     to participating States solely for the implementation of 
     online voter registration systems.
       (c) Limitation on Use of Funds.--In no case may grants made 
     under this section be used to reimburse a State for costs 
     incurred in implementing online voter registration systems at 
     the State or local government level if such costs were 
     incurred prior to October 1, 2009.
       (d) Application.--A State seeking to participate in the 
     program under this section shall submit an application to the 
     Election Assistance Commission containing such information, 
     and at such time, as the Election Assistance Commission may 
     specify.
       (e) Amount and Awarding of Implementation Grants; Duration 
     of Program.--
       (1) Amount of implementation grants.--
       (A) In general.--The amount of an implementation grant made 
     to a participating State shall be $150,000.
       (B) Continuing availability of funds after appropriation.--
     An implementation grant made to a participating State under 
     this section shall be available to the State without fiscal 
     year limitation.
       (2) Awarding of implementation grants.--
       (A) In general.--The Election Assistance Commission shall 
     award implementation grants during each year in which the 
     program is conducted.
       (B) One grant per state.--The Election Assistance 
     Commission shall not award more than 1 implementation grant 
     to any participating State under this section over the 
     duration of the program.
       (3) Duration.--The program shall be conducted for a period 
     of 5 years.
       (f) Requirements.--A participating State shall establish 
     and implement an online voter registration system which 
     individuals may use to register to vote, update voter 
     registration information, and request an absentee ballot in 
     the State.
       (g) Best Practices, Technical Assistance, and Reports.--
       (1) In general.--The Election Assistance Commission shall--
       (A) develop, periodically issue, and, as appropriate, 
     update best practices for implementing online voter 
     registration systems;
       (B) provide technical assistance to participating States 
     for the purpose of implementing online voter registration 
     systems; and
       (C) submit to the appropriate committees of Congress--
       (i) annual reports on the implementation of such online 
     voter registration systems by participating States during 
     each year in which the program is conducted; and
       (ii) upon completion of the program conducted under this 
     section, a final report on the program, together with 
     recommendations for such legislation or administrative action 
     as the Election Assistance Commission determines to be 
     appropriate.
       (2) Consultation.--In developing, issuing, and updating 
     best practices, developing materials to provide technical 
     assistance to participating States, and developing the annual 
     and final reports under paragraph (1), the Election 
     Assistance Commission shall consult with interested parties, 
     including--
       (A) State and local election officials; and
       (B) voting rights groups, voter protection groups, groups 
     representing the disabled, and other civil rights or 
     community organizations.
       (h) Authorization of Appropriations.--
       (1) Grants.--There are authorized to be appropriated to 
     award grants under this section, for each of fiscal years 
     2010 through 2016, $1,800,000, to remain available without 
     fiscal year limitation until expended.
       (2) Administration.--There are authorized to be 
     appropriated to administer the program under this section, 
     $200,000 for the period of fiscal years 2010 through 2016, to 
     remain available without fiscal year limitation until 
     expended.
       (i) Rule of Construction.--Nothing in this Act may be 
     construed to authorize or require conduct prohibited under 
     any of the following laws, or to supersede, restrict, or 
     limit the application of such laws:
       (1) The Help America Vote Act of 2002 (42 U.S.C. 15301 et 
     seq.).
       (2) The Voting Rights Act of 1965 (42 U.S.C. 1973 et seq.).
       (3) The Voting Accessibility for the Elderly and 
     Handicapped Act (42 U.S.C. 1973ee et seq.).
       (4) The Uniformed and Overseas Citizens Absentee Voting Act 
     (42 U.S.C. 1973ff et seq.).
       (5) The National Voter Registration Act of 1993 (42 U.S.C. 
     1973gg et seq.).
       (6) The Americans with Disabilities Act of 1990 (42 U.S.C. 
     12101 et seq.).
       (7) The Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.).

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