Count Every Vote Act of 2005 - Amends the Help America Vote Act of 2002 with respect to: (1) requirements for voter verification and manual audit capacity; (2) accessibiliity of the voting system for language minority individuals in a manner that provides the same opportunity for access, participation, inspection, and verification as for other voters; (3) prohibition of the use of undisclosed software and of wireless communication devices in voting systems; (4) certification of software and hardware used in electronic voting systems; (5) security standards for manufacturers of voting systems used in Federal elections; (6) mandatory recounts; (7) study, testing, and development of best practices to enhance accessibility and voter verification mechanisms for disabled voters; (8) voter verification and audit capacity funding; (9) security consultation services; (10) casting and counting of provisional ballots; (11) minimum required voting systems, poll workers, and election resources; (12) remedial plans for States with excessive voter wait times; (13) absentee voting; (14) public reports on Federal elections; (15) training of election officials; (16) impartial administration of elections; (17) standards for purging voters; (18) election day registration and early voting; (19) voter registration and identification; (20) prohibition of certain campaign activities; (21) voting rights of individuals convicted of criminal offenses; (22) election day as a public holiday; and (23) the Election Assistance Commission.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 450 Introduced in Senate (IS)]
109th CONGRESS
1st Session
S. 450
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.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 17, 2005
Mrs. Clinton (for herself, Mrs. Boxer, Mr. Kerry, Mr. Lautenberg, and
Ms. Mikulski) introduced the following bill; which was read twice and
referred to the Committee on Rules and Administration
_______________________________________________________________________
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.
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 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.--
(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 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:
``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 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.
``(c) 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 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.''.
<all>
Introduced in Senate
Read twice and referred to the Committee on Rules and Administration. (text of measure as introduced: CR S1663-1669)
Sponsor introductory remarks on measure. (CR S7981-7983)
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