Voter Empowerment Act of 2021

I 117TH CONGRESS 1ST SESSION H. R. 2358 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 HOUSE OF REPRESENTATIVES APRIL 5, 2021 Mr. CLYBURN (for himself, Ms. WILLIAMS of Georgia, Ms. ADAMS, Ms. BARRAGA´N, Mrs. BEATTY, Mr. BISHOP of Georgia, Mr. BLUMENAUER, Mr. BROWN, Ms. BUSH, Mr. COURTNEY, Mrs. DEMINGS, Mr. EVANS, Ms. GARCIA of Texas, Mr. GRIJALVA, Mr. HASTINGS, Mrs. HAYES, Ms. JAYAPAL, Mrs. LAWRENCE, Ms. LEE of California, Mrs. MCBATH, Mr. MCGOVERN, Ms. NORTON, Mr. POCAN, Mr. RUSH, Mr. SARBANES, Ms. SCHAKOWSKY, Mr. SOTO, Mr. TAKANO, Mr. TORRES of New York, Mrs. TRAHAN, and Mr. WELCH) introduced the following bill; which was re- ferred to the Committee on House Administration, and in addition to the Committees on the Judiciary, Science, Space, and Technology, Oversight and Reform, Education and Labor, and Financial Services, for a period to be subsequently determined by the Speaker, in each case for consider- ation of such provisions as fall within the jurisdiction of the committee concerned 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 VerDate Sep 11 2014 00:03 Jun 03, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H2358.IH H2358 pbinns on DSKJLVW7X2PROD with BILLS 2 •HR 2358 IH SECTION 1. SHORT TITLE; STATEMENT OF POLICY. 1 (a) SHORT TITLE.—This Act may be cited as the 2 ‘‘Voter Empowerment Act of 2021’’. 3 (b) STATEMENT OF POLICY.—It is the policy of the 4 United States that— 5 (1) the ability of all eligible citizens of the 6 United States to access and exercise their constitu- 7 tional right to vote in a free, fair, and timely manner 8 must be vigilantly enhanced, protected, and main- 9 tained; and 10 (2) the integrity, security, and accountability of 11 the voting process must be vigilantly protected, 12 maintained, and enhanced in order to protect and 13 preserve electoral and participatory democracy in the 14 United States. 15 SEC. 2. TABLE OF CONTENTS. 16 The table of contents of this Act is as follows: 17 Sec. 1. Short title; statement of policy. Sec. 2. Table of contents. TITLE I—VOTER REGISTRATION MODERNIZATION Subtitle A—Promoting Internet Registration Sec. 1001. Requiring availability of internet for voter registration. Sec. 1002. Use of internet to update registration information. Sec. 1003. Provision of election information by electronic mail to individuals registered to vote. Sec. 1004. Clarification of requirement regarding necessary information to show eligibility to vote. Sec. 1005. Prohibiting State from requiring applicants to provide more than last 4 digits of Social Security number. Sec. 1006. Report on data collection. Sec. 1007. Permitting voter registration application form to serve as application for absentee ballot. Sec. 1008. Effective date. VerDate Sep 11 2014 00:03 Jun 03, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6211 E:\BILLS\H2358.IH H2358 pbinns on DSKJLVW7X2PROD with BILLS 3 •HR 2358 IH Subtitle B—Automatic Voter Registration Sec. 1101. Findings and purpose. Sec. 1102. Automatic registration of eligible individuals. Sec. 1103. Contributing agency assistance in registration. Sec. 1104. One-time contributing agency assistance in registration of eligible voters in existing records. Sec. 1105. Voter protection and security in automatic registration. Sec. 1106. Registration portability and correction. Sec. 1107. Payments and grants. Sec. 1108. Treatment of exempt States. Sec. 1109. Miscellaneous provisions. Sec. 1110. Definitions. Sec. 1111. Effective date. Subtitle C—Same Day Voter Registration Sec. 1201. Same day registration. Subtitle D—Conditions on Removal on Basis of Interstate Cross-Checks Sec. 1301. 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. 1401. Annual reports on voter registration statistics. Sec. 1402. Ensuring pre-election registration deadlines are consistent with tim- ing of legal public holidays. Sec. 1403. Use of Postal Service hard copy change of address form to remind individuals to update voter registration. Sec. 1404. Grants to States for activities to encourage involvement of minors in election activities. Sec. 1405. Permission to place exhibits. Sec. 1406. Requiring States to establish and operate voter privacy programs. Sec. 1407. Inclusion of voter registration information with certain leases and vouchers for federally assisted rental housing and mortgage ap- plications. Subtitle F—Availability of HAVA Requirements Payments Sec. 1501. Availability of requirements payments under HAVA to cover costs of compliance with new requirements. Subtitle G—Prohibiting Interference With Voter Registration Sec. 1601. Prohibiting hindering, interfering with, or preventing voter registra- tion. Sec. 1602. Establishment of best practices. Subtitle H—Voter Registration Efficiency Act Sec. 1701. 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 VerDate Sep 11 2014 00:03 Jun 03, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6211 E:\BILLS\H2358.IH H2358 pbinns on DSKJLVW7X2PROD with BILLS 4 •HR 2358 IH Sec. 1801. Pilot program for providing voter registration information to sec- ondary school students prior to graduation. Sec. 1802. Reports. Sec. 1803. Authorization of appropriations. Subtitle J—Voter Registration of Minors Sec. 1901. Acceptance of voter registration applications from individuals under 18 years of age. TITLE II—ACCESS TO VOTING FOR INDIVIDUALS WITH DISABILITIES Sec. 2001. Requirements for States to promote access to voter registration and voting for individuals with disabilities. Sec. 2002. Expansion and reauthorization of grant program to assure voting access for individuals with disabilities. Sec. 2003. Pilot programs for enabling individuals with disabilities to register to vote privately and independently at residences. Sec. 2004. GAO analysis and report on voting access for individuals with dis- abilities. TITLE III—PROHIBITING VOTER CAGING Sec. 3001. Voter caging and other questionable challenges prohibited. Sec. 3002. Development and adoption of best practices for preventing voter caging. TITLE IV—PROHIBITING DECEPTIVE PRACTICES AND PREVENTING VOTER INTIMIDATION Sec. 4001. Prohibition on deceptive practices in Federal elections. Sec. 4002. Corrective action. Sec. 4003. Reports to Congress. TITLE V—DEMOCRACY RESTORATION Sec. 5001. Findings. Sec. 5002. Rights of citizens. Sec. 5003. Enforcement. Sec. 5004. Notification of restoration of voting rights. Sec. 5005. Definitions. Sec. 5006. Relation to other laws. Sec. 5007. Federal prison funds. Sec. 5008. Effective date. TITLE VI—PROMOTING ACCURACY, INTEGRITY, AND SECURITY THROUGH VOTER-VERIFIED PERMANENT PAPER BALLOT Sec. 6001. Paper ballot and manual counting requirements. Sec. 6002. Accessibility and ballot verification for individuals with disabilities. Sec. 6003. Durability and readability requirements for ballots. Sec. 6004. Study and report on optimal ballot design. Sec. 6005. Paper ballot printing requirements. Sec. 6006. Effective date for new requirements. TITLE VII—PROVISIONAL BALLOTS VerDate Sep 11 2014 00:03 Jun 03, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6211 E:\BILLS\H2358.IH H2358 pbinns on DSKJLVW7X2PROD with BILLS 5 •HR 2358 IH Sec. 7001. Requirements for counting provisional ballots; establishment of uni- form and nondiscriminatory standards. TITLE VIII—EARLY VOTING Sec. 8001. Early voting. TITLE IX—VOTING BY MAIL Sec. 9001. Voting by mail. Sec. 9002. Absentee ballot tracking program. Sec. 9003. Voting materials postage. Sec. 9004. Study and report on vote-by-mail procedures. TITLE X—ABSENT UNIFORMED SERVICES VOTERS AND OVERSEAS VOTERS Sec. 10001. Pre-election reports on availability and transmission of absentee ballots. Sec. 10002. Enforcement. Sec. 10003. Revisions to 45-day absentee ballot transmission rule. Sec. 10004. Use of single absentee ballot application for subsequent elections. Sec. 10005. Extending guarantee of residency for voting purposes to family members of absent military personnel. Sec. 10006. Requiring transmission of blank absentee ballots under UOCAVA to certain voters. Sec. 10007. Department of Justice report on voter disenfranchisement. Sec. 10008. Effective date. TITLE XI—POLL WORKER RECRUITMENT AND TRAINING Sec. 11001. Grants to States for poll worker recruitment and training. Sec. 11002. State defined. TITLE XII—ENHANCEMENT OF ENFORCEMENT Sec. 12001. Enhancement of enforcement of Help America Vote Act of 2002. TITLE XIII—FEDERAL ELECTION INTEGRITY Sec. 13001. 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. 14001. Treatment of institutions of higher education. Sec. 14002. Minimum notification requirements for voters affected by polling place changes. Sec. 14003. Permitting use of sworn written statement to meet identification requirements for voting. Sec. 14004. Accommodations for voters residing in Indian lands. Sec. 14005. Voter information response systems and hotline. Sec. 14006. Ensuring equitable and efficient operation of polling places. Sec. 14007. Requiring States to provide secured drop boxes for voted absentee ballots in elections for Federal office. Sec. 14008. Prohibiting States from restricting curbside voting. VerDate Sep 11 2014 00:03 Jun 03, 2021 Jkt 019200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6211 E:\BILLS\H2358.IH H2358 pbinns on DSKJLVW7X2PROD with BILLS 6 •HR 2358 IH Sec. 14009. Election Day holiday. Sec. 14010. GAO study on voter turnout rates. Sec. 14011. Study on ranked-choice voting. Subtitle B—Disaster and Emergency Contingency Plans Sec. 14101. Requirements for Federal election contingency plans in response to natural disasters and emergencies. Subtitle C—Improvements in Operation of Election Assistance Commission Sec. 14201. Reauthorization of Election Assistance Commission. Sec. 14202. Requiring States to participate in post-general election surveys. Sec. 14203. Reports by National Institute of Standards and Technology on use of funds transferred from Election Assistance Commission. Sec. 14204. Recommendations to improve operations of Election Assistance Commission. Sec. 14205. Repeal of exemption of Election Assistance Commission from cer- tain government contracting requirements. Subtitle D—Miscellaneous Provisions Sec. 14301. Application of Federal election administration laws to territories of the United States. Sec. 14302. Definition of election for Federal office. Sec. 14303. Authorizing payments to voting accessibility protection and advo- cacy systems serving the American Indian Consortium. Sec. 14304. Application of Federal voter protection laws to territories of the United States. Sec. 14305. Placement of statues of citizens of territories of the United States in Statuary Hall. Sec. 14306. No effect on other laws. Sec. 14307. Clarification of exemption for States without voter registration. Subtitle E—Voter Notice Sec. 14401. Public education campaigns in event of changes in elections in re- sponse to emergencies. Sec. 14402. Requirements for websites of election officials. Sec. 14403. Payments by Election Assistance Commission to States for costs of compliance. TITLE XV—SEVERABILITY Sec. 15001. Severability. VerDate Sep 11 2014 00:03 Jun 03, 2021 Jkt 019200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6211 E:\BILLS\H2358.IH H2358 pbinns on DSKJLVW7X2PROD with BILLS 7 •HR 2358 IH TITLE I—VOTER REGISTRATION 1 MODERNIZATION 2 Subtitle A—Promoting Internet 3 Registration 4 SEC. 1001. REQUIRING AVAILABILITY OF INTERNET FOR 5 VOTER REGISTRATION. 6 (a) REQUIRING AVAILABILITY OF INTERNET FOR 7 REGISTRATION.—The National Voter Registration Act of 8 1993 (52 U.S.C. 20501 et seq.) is amended by inserting 9 after section 6 the following new section: 10 ‘‘SEC. 6A. INTERNET REGISTRATION. 11 ‘‘(a) REQUIRING AVAILABILITY OF INTERNET FOR 12 ONLINE REGISTRATION.—Each State, acting through the 13 chief State election official, shall ensure that the following 14 services are available to the public at any time on the offi- 15 cial public websites of the appropriate State and local elec- 16 tion officials in the State, in the same manner and subject 17 to the same terms and conditions as the services provided 18 by voter registration agencies under section 7(a): 19 ‘‘(1) Online application for voter registration. 20 ‘‘(2) Online assistance to applicants in applying 21 to register to vote. 22 ‘‘(3) Online completion and submission by ap- 23 plicants of the mail voter registration application 24 form prescribed by the Election Assistance Commis- 25 VerDate Sep 11 2014 00:03 Jun 03, 2021 Jkt 019200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H2358.IH H2358 pbinns on DSKJLVW7X2PROD with BILLS 8 •HR 2358 IH sion pursuant to section 9(a)(2), including assist- 1 ance with providing a signature as required under 2 subsection (c)). 3 ‘‘(4) Online receipt of completed voter registra- 4 tion applications. 5 ‘‘(b) ACCEPTANCE OF COMPLETED APPLICATIONS.— 6 A State shall accept an online voter registration applica- 7 tion provided by an individual under this section, and en- 8 sure that the individual is registered to vote in the State, 9 if— 10 ‘‘(1) the individual meets the same voter reg- 11 istration requirements applicable to individuals who 12 register to vote by mail in accordance with section 13 6(a)(1) using the mail voter registration application 14 form prescribed by the Election Assistance Commis- 15 sion pursuant to section 9(a)(2); and 16 ‘‘(2) the individual meets the requirements of 17 subsection (c) to provide a signature in electronic 18 form (but only in the case of applications submitted 19 during or after the second year in which this section 20 is in effect in the State). 21 ‘‘(c) SIGNATURE REQUIREMENTS.— 22 ‘‘(1) IN GENERAL.—For purposes of this sec- 23 tion, an individual meets the requirements of this 24 subsection as follows: 25 VerDate Sep 11 2014 00:03 Jun 03, 2021 Jkt 019200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H235 [Text truncated for display. 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