[Congressional Record Volume 170, Number 24 (Friday, February 9, 2024)]
[Senate]
[Pages S718-S719]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 1530. Mr. LEE submitted an amendment intended to be proposed by
him to the bill H.R. 815, to amend title 38, United States Code, to
make certain improvements relating to the eligibility of veterans to
receive reimbursement for emergency treatment furnished through the
Veterans Community Care program, and for other purposes; which was
ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. __. ENSURING ONLY CITIZENS ARE REGISTERED TO VOTE IN
ELECTIONS FOR FEDERAL OFFICE.
(a) Requiring Documentary Proof of Identity, Citizenship,
and Age Eligibility With National Mail Voter Registration
Form.--Section 6 of the National Voter Registration Act of
1993 (52 U.S.C. 20505) is amended--
(1) in subsection (a)(1)--
(A) by striking ``Each State shall accept'' and inserting
``Each State shall have the option to accept'';
(B) by striking ``Federal Election Commission'' and
inserting ``Election Assistance Commission''; and
(C) by inserting the following before the period at the
end: ``, provided, that the mail voter registration
application form must include documentary proof of the
identity, United States citizenship, and eligibility as to
age of the applicant'';
(2) in subsection (b), by adding at the end the following:
``All organized voter registration programs shall demonstrate
compliance with the provisions of subsection (a) and
capability to request and collect documentary proof as
described in subsection (a).''; and
(3) in subsection (c)--
(A) in paragraph (1)--
(i) in subparagraph (A), by striking ``and'' at the end;
(ii) in subparagraph (B) by striking the period at the end
and inserting ``; and''; and
(iii) by adding at the end the following new subparagraph:
``(C) the person has not provided documentary proof of
citizenship when registering to vote''; and
(B) in paragraph (2)(A), by inserting the following before
the semicolon: ``, provided that such person provides to the
State or local election office a copy of their valid United
States Passport or United States Military identification in
order to vote by absentee ballot under the Uniformed and
Overseas Citizens Absentee Voting Act''.
(b) Requirements for Voter Registration Agencies.--Section
7 of the National Voter Registration Act of 1993 (52 U.S.C.
20506) is amended--
(1) in subsection (a)--
(A) in paragraph (4)(A), by adding at the end the following
new clause:
``(iv) Receipt of documentary proof of United States
citizenship of each applicant to be registered to vote.'';
(B) in paragraph (5)(C), by inserting the following before
the semicolon: ``, provided that requiring documentary proof
of US citizenship shall not be construed or interpreted as
discouraging the applicant from registering to vote'';
(C) in paragraph (6)--
(i) in subparagraph (A)(i)(I), by striking ``(including
citizenship)'' and inserting ``and requires proof of United
States citizenship'';
(ii) by redesignating subparagraph (B) as subparagraph (C),
and by inserting after subparagraph (A) the following new
subparagraph:
``(B) ask the applicant the question, `Are you a citizen of
the United States?', and require documentary proof of United
States citizenship prior to providing the form under
subparagraph (B);''; and
(iii) in subparagraph (C), as redesignated under
subparagraph (B) of this paragraph, in the matter preceding
clause (i), by striking ``provide'' and inserting ``upon
receipt of documentary proof of United States citizenship as
described in subparagraph (B), provide''; and
(2) in subsection (c)(1), by inserting ``who are citizens
of the United States'' after ``for persons''.
(c) Requirements With Respect to Administration of Voter
Registration.--Section 8 of the National Voter Registration
Act of 1993 (52 U.S.C. 20507) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph (A), by inserting
``, upon presentation and verification of documentary proof
of United States citizenship'' after ``election'';
(ii) in subparagraph (A), by striking ``if the valid'' and
inserting ``if the documentary proof of United States
citizenship and a valid''; and
(iii) in each of subparagraphs (B), (C), and (D), by
inserting ``together with the documentary proof of United
States citizenship'' after ``valid voter registration form'';
(B) in paragraph (3)--
(i) in subparagraph (B), by striking ``or'' at the end; and
(ii) by adding at the end the following new subparagraphs:
``(D) based on documentary proof or verified information
that the registrant is not a United States citizen; or
``(E) the registration otherwise fails to comply with
applicable State law;'';
(2) in subsection (b)--
(A) in paragraph (2), by redesignating subparagraphs (A)
and (B) as clauses (i) and (ii), respectively;
(B) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B);
(C) by striking ``Registration.--Any'' and inserting
``Registration.--
``(1) In general.--Any''; and
(D) by adding at the end the following new paragraph:
``(2) Clarification.--The provisions of this section shall
not apply to a registration that is deemed invalid from
inception because the registrant is not a United States
citizen, is ineligible under State law to be registered to
vote, or the registration otherwise did not comply with
applicable State law at the time of registering to vote or
the registration has been rendered invalid or abandoned
subsequent to the initial registration by the person
registering to vote in another State or otherwise is invalid
under the provisions of State law.'';
(3) in subsection (c)(2)(A), by inserting the following
before the period at the end: ``, provided that a State shall
remove at any time the name of an ineligible voter from the
official lists of eligible voters if the registration is
invalid due to evidence the individual is not a citizen of
the United States or the registration is otherwise invalid
under applicable State law'';
(4) by inserting the following after subsection (g):
``(h) Removal of Non-citizens From Registration Rolls.--A
State may remove any
[[Page S719]]
registration of a non-United States citizen at any time upon
presentation of documentation or verified information that a
registrant is not a United States citizen.'';
(5) by redesignating subsection (j) as subsection (l); and
(6) by inserting after subsection (i) the following new
subsection:
``(j) Ensuring Only Citizens Are Registered to Vote.--
``(1) In general.--Notwithstanding any other provision of
this Act, a State may not register an individual to vote in
elections for Federal office held in the State unless, at the
time the individual applies to register to vote, the
individual provides documentary proof that the individual is
a citizen of the United States, which shall consist of any of
the following (or a photocopy thereof):
``(A) A certified birth certificate issued by a State or
unit of local government in a State.
``(B) A valid United States passport.
``(C) A Consular Report of Birth Abroad issued by the
Secretary of State.
``(D) A Naturalization Certificate or Certificate of
Citizenship issued by the Secretary of Homeland Security.
``(2) State requirements.--Each State shall take
affirmative steps on an ongoing basis to ensure that only
United States citizens are registered to vote under the
provisions of this Act, which shall include the establishment
of a program described in paragraph (3).
``(3) Program described.--A State may meet the requirements
of paragraph (1) by establishing a program under which the
State identifies non-citizens using information supplied by--
``(A) the Department of Homeland Security through the
Systematic Alien Verification for Entitlements (commonly
known as `SAVE');
``(B) the Social Security Administration through the Social
Security Number Verification Service; or
``(C) State agencies that supply State identification cards
or drivers licenses where the agency confirms citizenship
status of applicants.
``(4) Availability of information.--The Department of
Homeland Security, the Social Security Administration, and
State agencies described in paragraph (2)(C) shall make
available to the States at no cost the information necessary
for each State to ensure that non-United States citizens are
not registered to vote in any State.
``(5) Criminal penalties.--Any person who--
``(A) is not United States citizen and who knowingly
registers to vote in an election for Federal office in
violation of this subsection; or
``(B) knowingly registers an individual who is not a United
States citizen to vote in an election for Federal office in
violation of this subsection,
shall be subject to the criminal penalty described in section
12(2).''.
(d) Effective Date.--The amendments made by this section
shall take effect on the date of enactment of this Act, and
shall apply with respect to applications for voter
registration which are submitted on or after such date.
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