Voter Empowerment Act of 2021

II 117TH CONGRESS 1ST SESSION S. 954 To modernize voter registration, promote access to voting for individuals with disabilities, protect the ability of individuals to exercise the right to vote in elections for Federal office, and for other purposes. IN THE SENATE OF THE UNITED STATES MARCH 24, 2021 Mrs. GILLIBRAND (for herself and Mr. WARNOCK) introduced the following bill; which was read twice and referred to the Committee on Rules and Administration A BILL To modernize voter registration, promote access to voting for individuals with disabilities, protect the ability of individuals to exercise the right to vote in elections for Federal office, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE; STATEMENT OF POLICY. 3 (a) SHORT TITLE.—This Act may be cited as the 4 ‘‘Voter Empowerment Act of 2021’’. 5 (b) STATEMENT OF POLICY.—It is the policy of the 6 United States that— 7 VerDate Sep 11 2014 05:45 Apr 28, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S954.IS S954 pbinns on DSKJLVW7X2PROD with BILLS 2 •S 954 IS (1) the ability of all eligible citizens of the 1 United States to access and exercise their constitu- 2 tional right to vote in a free, fair, and timely manner 3 must be vigilantly enhanced, protected, and main- 4 tained; and 5 (2) the integrity, security, and accountability of 6 the voting process must be vigilantly protected, 7 maintained, and enhanced in order to protect and 8 preserve electoral and participatory democracy in the 9 United States. 10 SEC. 2. TABLE OF CONTENTS. 11 The table of contents of this Act is as follows: 12 Sec. 1. Short title; statement of policy. Sec. 2. Table of contents. TITLE I—VOTER REGISTRATION MODERNIZATION Sec. 100. Short title. Subtitle A—Promoting Internet Registration Sec. 101. Requiring availability of internet for voter registration. Sec. 102. Use of internet to update registration information. Sec. 103. Provision of election information by electronic mail to individuals reg- istered to vote. Sec. 104. Clarification of requirement regarding necessary information to show eligibility to vote. Sec. 105. Prohibiting State from requiring applicants to provide more than last 4 digits of Social Security number. Sec. 106. Application of rules to certain exempt States. Sec. 107. Effective date. Subtitle B—Automatic Voter Registration Sec. 111. Short title; findings and purpose. Sec. 112. Automatic registration of eligible individuals. Sec. 113. Contributing agency assistance in registration. Sec. 114. One-time contributing agency assistance in registration of eligible vot- ers in existing records. Sec. 115. Voter protection and security in automatic registration. Sec. 116. Registration portability and correction. Sec. 117. Payments and grants. VerDate Sep 11 2014 05:45 Apr 28, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6211 E:\BILLS\S954.IS S954 pbinns on DSKJLVW7X2PROD with BILLS 3 •S 954 IS Sec. 118. Treatment of exempt States. Sec. 119. Miscellaneous provisions. Sec. 120. Definitions. Sec. 121. Effective date. Subtitle C—Same Day Voter Registration Sec. 131. Same day registration. Subtitle D—Conditions on Removal on Basis of Interstate Cross-Checks Sec. 141. Conditions on removal of registrants from official list of eligible vot- ers on basis of interstate cross-checks. Subtitle E—Other Initiatives To Promote Voter Registration Sec. 151. Biennial reports on voter registration statistics. Sec. 152. Ensuring pre-election registration deadlines are consistent with tim- ing of legal public holidays. Sec. 153. Use of Postal Service hard copy change of address form to remind individuals to update voter registration. Sec. 154. Grants to States for activities to encourage involvement of minors in election activities. Subtitle F—Availability of HAVA Requirements Payments Sec. 161. Availability of requirements payments under HAVA to cover costs of compliance with new requirements. Subtitle G—Prohibiting Interference With Voter Registration Sec. 171. Prohibiting hindering, interfering with, or preventing voter registra- tion. Sec. 172. Establishment of best practices. Subtitle H—Voter Registration Efficiency Act Sec. 181. Short title. Sec. 182. Requiring applicants for motor vehicle driver’s licenses in new State to indicate whether State serves as residence for voter registra- tion purposes. Subtitle I—Providing Voter Registration Information to Secondary School Students Sec. 191. Pilot program for providing voter registration information to sec- ondary school students prior to graduation. Sec. 192. Reports. Sec. 193. Authorization of appropriations. Subtitle J—Voter Registration of Minors Sec. 194. Acceptance of voter registration applications from individuals under 18 years of age. TITLE II—ACCESS TO VOTING FOR INDIVIDUALS WITH DISABILITIES VerDate Sep 11 2014 05:45 Apr 28, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6211 E:\BILLS\S954.IS S954 pbinns on DSKJLVW7X2PROD with BILLS 4 •S 954 IS Sec. 201. Requirements for States to promote access to voter registration and voting for individuals with disabilities. Sec. 202. Establishment and maintenance of State accessible election websites. Sec. 203. Protections for in-person voting for individuals with disabilities and older individuals. Sec. 204. Protections for individuals subject to guardianship. Sec. 205. Expansion and reauthorization of grant program to assure voting ac- cess for individuals with disabilities. Sec. 206. Appointments to EAC Board of Advisors. Sec. 207. Funding for protection and advocacy systems. Sec. 208. Pilot programs for enabling individuals with disabilities to register to vote privately and independently at residences. Sec. 209. GAO analysis and report on voting access for individuals with disabil- ities. TITLE III—PROHIBITING VOTER CAGING Sec. 301. Voter caging and other questionable challenges prohibited. Sec. 302. Development and adoption of best practices for preventing voter cag- ing. TITLE IV—PROHIBITING DECEPTIVE PRACTICES AND PREVENTING VOTER INTIMIDATION Sec. 401. Short title. Sec. 402. Prohibition on deceptive practices in Federal elections. Sec. 403. Corrective action. Sec. 404. Reports to Congress. TITLE V—DEMOCRACY RESTORATION Sec. 501. Short title. Sec. 502. Findings. Sec. 503. Rights of citizens. Sec. 504. Enforcement. Sec. 505. Notification of restoration of voting rights. Sec. 506. Definitions. Sec. 507. Relation to other laws. Sec. 508. Federal prison funds. Sec. 509. Effective date. TITLE VI—PROMOTING ACCURACY, INTEGRITY, AND SECURITY THROUGH VOTER-VERIFIED PERMANENT PAPER BALLOT Sec. 601. Short title. Sec. 602. Paper ballot and manual counting requirements. Sec. 603. Accessibility and ballot verification for individuals with disabilities. Sec. 604. Durability and readability requirements for ballots. Sec. 605. Study and report on optimal ballot design. Sec. 606. Paper ballot printing requirements. Sec. 607. Effective date for new requirements. TITLE VII—PROVISIONAL BALLOTS Sec. 701. Requirements for counting provisional ballots; establishment of uni- form and nondiscriminatory standards. TITLE VIII—EARLY VOTING VerDate Sep 11 2014 05:45 Apr 28, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6211 E:\BILLS\S954.IS S954 pbinns on DSKJLVW7X2PROD with BILLS 5 •S 954 IS Sec. 801. Early voting. TITLE IX—VOTING BY MAIL Sec. 901. Voting by mail. Sec. 902. Absentee ballot tracking program. Sec. 903. Election mail and delivery improvements. Sec. 904. Voting materials postage. TITLE X—ABSENT UNIFORMED SERVICES VOTERS AND OVERSEAS VOTERS Sec. 1001. Pre-election reports on availability and transmission of absentee bal- lots. Sec. 1002. Enforcement. Sec. 1003. Revisions to 45-day absentee ballot transmission rule. Sec. 1004. Use of single absentee ballot application for subsequent elections. Sec. 1005. Extending guarantee of residency for voting purposes to family members of absent military personnel. Sec. 1006. Requiring transmission of blank absentee ballots under UOCAVA to certain voters. Sec. 1007. Effective date. TITLE XI—POLL WORKER RECRUITMENT AND TRAINING Sec. 1101. Grants to States for poll worker recruitment and training. Sec. 1102. State defined. TITLE XII—ENHANCEMENT OF ENFORCEMENT Sec. 1201. Enhancement of enforcement of Help America Vote Act of 2002. TITLE XIII—FEDERAL ELECTION INTEGRITY Sec. 1301. Prohibition on campaign activities by chief State election adminis- tration officials. TITLE XIV—PROMOTING VOTER ACCESS THROUGH ELECTION ADMINISTRATION IMPROVEMENTS Subtitle A—Promoting Voter Access Sec. 1401. Treatment of institutions of higher education. Sec. 1402. Minimum notification requirements for voters affected by polling place changes. Sec. 1403. Permitting use of sworn written statement to meet identification re- quirements for voting. Sec. 1404. Accommodations for voters residing in Indian lands. Sec. 1405. Ensuring equitable and efficient operation of polling places. Sec. 1406. Requiring States to provide secured drop boxes for voted absentee ballots in elections for Federal office. Sec. 1407. Prohibiting States from restricting curbside voting. Subtitle B—Disaster and Emergency Contingency Plans Sec. 1411. Requirements for Federal election contingency plans in response to natural disasters and emergencies. Subtitle C—Improvements in Operation of Election Assistance Commission VerDate Sep 11 2014 05:45 Apr 28, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6211 E:\BILLS\S954.IS S954 pbinns on DSKJLVW7X2PROD with BILLS 6 •S 954 IS Sec. 1421. Reauthorization of Election Assistance Commission. Sec. 1422. Requiring States to participate in post-general election surveys. Sec. 1423. Reports by National Institute of Standards and Technology on use of funds transferred from Election Assistance Commission. Sec. 1424. Recommendations to improve operations of Election Assistance Commission. Sec. 1425. Repeal of exemption of Election Assistance Commission from certain government contracting requirements. Subtitle D—Miscellaneous Provisions Sec. 1431. Application of laws to Commonwealth of Northern Mariana Islands. Sec. 1432. Definition of election for Federal office. Sec. 1433. No effect on other laws. Sec. 1434. Clarification of exemption for States without voter registration. TITLE XV—SEVERABILITY Sec. 1501. Severability. TITLE I—VOTER REGISTRATION 1 MODERNIZATION 2 SEC. 100. SHORT TITLE. 3 This title may be cited as the ‘‘Voter Registration 4 Modernization Act of 2021’’. 5 Subtitle A—Promoting Internet 6 Registration 7 SEC. 101. REQUIRING AVAILABILITY OF INTERNET FOR 8 VOTER REGISTRATION. 9 (a) REQUIRING AVAILABILITY OF INTERNET FOR 10 REGISTRATION.—The National Voter Registration Act of 11 1993 (52 U.S.C. 20501 et seq.) is amended by inserting 12 after section 6 the following new section: 13 ‘‘SEC. 6A. INTERNET REGISTRATION. 14 ‘‘(a) REQUIRING AVAILABILITY OF INTERNET FOR 15 ONLINE REGISTRATION.—Each State, acting through the 16 chief State election official, shall ensure that the following 17 VerDate Sep 11 2014 05:45 Apr 28, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S954.IS S954 pbinns on DSKJLVW7X2PROD with BILLS 7 •S 954 IS services are available to the public at any time on the offi- 1 cial public websites of the appropriate State and local elec- 2 tion officials in the State, in the same manner and subject 3 to the same terms and conditions as the services provided 4 by voter registration agencies under section 7(a): 5 ‘‘(1) Online application for voter registration. 6 ‘‘(2) Online assistance to applicants in applying 7 to register to vote. 8 ‘‘(3) Online completion and submission by ap- 9 plicants of the mail voter registration application 10 form prescribed by the Election Assistance Commis- 11 sion pursuant to section 9(a)(2), including assist- 12 ance with providing a signature as required under 13 subsection (c). 14 ‘‘(4) Online receipt of completed voter registra- 15 tion applications. 16 ‘‘(b) ACCEPTANCE OF COMPLETED APPLICATIONS.— 17 A State shall accept an online voter registration applica- 18 tion provided by an individual under this section, and en- 19 sure that the individual is registered to vote in the State, 20 if— 21 ‘‘(1) the individual meets the same voter reg- 22 istration requirements applicable to individuals who 23 register to vote by mail in accordance with section 24 6(a)(1) using the mail voter registration application 25 VerDate Sep 11 2014 05:45 Apr 28, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S954.IS S954 pbinns on DSKJLVW7X2PROD with BILLS 8 •S 954 IS form prescribed by the Election Assistance Commis- 1 sion pursuant to section 9(a)(2); and 2 ‘‘(2) the individual meets the requirements of 3 subsection (c) to provide a signature in electronic 4 form (but only in the case of applications submitted 5 during or after the second year in which this section 6 is in effect in the State). 7 ‘‘(c) SIGNATURE REQUIREMENTS.— 8 ‘‘(1) IN GENERAL.—For purposes of this sec- 9 tion, an individual meets the requirements of this 10 subsection as follows: 11 ‘‘(A) In the case of an individual who has 12 a signature on file with a State agency, includ- 13 ing the State motor vehicle authority, that is 14 required to provide voter registration services 15 under this Act or any other law, the individual 16 consents to the transfer of that electronic signa- 17 ture. 18 ‘‘(B) If subparagraph (A) does not apply, 19 the individual submits with the application an 20 electronic copy of the individual’s handwritten 21 signature through electronic means. 22 ‘‘(C) If subparagraph (A) and subpara- 23 graph (B) do not apply, the individual executes 24 a computerized mark in the signature field on 25 VerDate Sep 11 2014 05:45 Apr 28, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S954.IS S954 pbinns on DSKJLVW7X2PROD with BILLS 9 •S 954 IS an online voter registration application, in ac- 1 cordance with reasonable security measures es- 2 tablished by the State, but only if the State ac- 3 cepts such mark from the individual. 4 ‘‘(2) TREATMENT OF INDIVIDUALS UNABLE TO 5 MEET REQUIREMENT.—If an individual is unable to 6 meet the requirements of paragraph (1), the State 7 shall— 8 ‘‘(A) permit the individual to complete all 9 other elements of the online voter registration 10 application; 11 ‘‘(B) permit the individual to provide a sig- 12 nature at the time the individual requests a bal- 13 lot in an election (whether the individual re- 14 quests the ballot at a polling place or requests 15 the ballot by mail); and 16 ‘‘(C) if the individual carries out the steps 17 described in subparagraph (A) and subpara- 18 graph (B), e [Text truncated for display. 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