S.Amdt. 2326

1. Adds TITLE XVI--MILITARY VOTING at the end of division A

   Adds a title

   In S. 1197 · Placed on Calendar Senate

   (d) Conversion of Update of Implementation of Transition Action Plan From Quarterly to Biannually.--Paragraph (7)(B) of such subsection is amended by striking "90 days" and inserting"180 days".

   Inserted: TITLE XVI--MILITARY VOTING

   Inserted: SEC. 1601. SHORT TITLE.

   Inserted: This title may be cited as the "Protect Military and Overseas Voters Act".

   Inserted: Subtitle A--Absent Uniformed Services Voters and Overseas Voters SEC. 1611. SHORT TITLE.

   Inserted: This subtitle may be cited as the "Absent Uniformed Services Voters and Overseas Voters Act".

   Inserted: SEC. 1612. EXTENDING GUARANTEE OF RESIDENCY FOR VOTING PURPOSES TO DEPENDENTS OF ABSENT MILITARY PERSONNEL.

   Inserted: (a) In General.--Section 705 of the Servicemembers Civil Relief Act (50 U.S.C. App. 595) is amended--

   Inserted: (1) in the heading, by inserting "AND DEPENDENTS" after "SPOUSES"; and

   Inserted: (2) by amending subsection (b) to read as follows:

   Inserted: "(b) Spouses and Dependents.--For the purposes of voting for any Federal office (as defined in section 301 of the Federal Election Campaign Act of 1971 (2 U.S.C. 431)) or any State or local office, a dependent of a person who is absent from a State in compliance with military or naval orders shall not, solely by reason of that person's absence and without regard to whether or not such dependent is accompanying that person--

   Inserted: "(1) be deemed to have lost a residence or domicile in that State, without regard to whether or not the person intends to return to that State;

   Inserted: "(2) be deemed to have acquired a residence or domicile in any other State; or

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   Inserted: "(3) be deemed to have become a resident in or a resident of any other State.".

   Inserted: (b) Effective Date.--The amendments made by subsection (a) shall apply with respect to absences from States described in section 705(b) of the Servicemembers Civil Relief Act (50 U.S.C. App. 595(b)), as amended by subsection (a), after the date of the enactment of this Act, regardless of the date of the military or naval order concerned.

   Inserted: SEC. 1613. PRE-ELECTION REPORTS ON AVAILABILITY AND TRANSMISSION OF ABSENTEE BALLOTS.

   Inserted: Section 102(c) of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-1(c)) is amended to read as follows:

   Inserted: "(c) Reports on Availability, Transmission, and Receipt of Absentee Ballots.--

   Inserted: "(1) Pre-election report on absentee ballot availability.--Not later than 55 days before any regularly scheduled general election for Federal office, each State shall submit a report to the Attorney General, the Election Assistance Commission (hereafter in this subsection referred to as the 'Commission'), and the Presidential Designee, and make that report publicly available that same day, certifying that absentee ballots for the election are or will be available for transmission to absent uniformed services voters and overseas voters by not later than 46 days before the election. The report shall be in a form prescribed by the Attorney General, in consultation with the Commission, and shall require the State to certify specific information about ballot availability from each unit of local government which will administer the election.

   Inserted: "(2) Pre-election report on absentee ballot transmission.--Not later than 43 days before any regularly scheduled general election for Federal office, each State shall submit a report to the Attorney General, the Commission, and the Presidential Designee, and make that report publicly available that same day, certifying whether all absentee ballots have been transmitted by not later than 46 days before the election to all qualified absent uniformed services and overseas voters whose requests were received at least 46 days before the election. The report shall be in a form prescribed by the Attorney General, , in consultation with the Commission, and shall require the State to certify specific information about ballot transmission, including the total numbers of ballot requests received and ballots transmitted, from each unit of local government which will administer the election.

   Inserted: "(3) Post-election report on number of absentee ballots transmitted and received.--Not later than 90 days after the date of each regularly scheduled general election for Federal office, each State and unit of local government which administered the election shall (through the State, in the case of a unit of local government) submit a report to the Attorney General, the Commission, and the Presidential Designee on the combined number of absentee ballots transmitted to absent uniformed services voters and overseas voters for the election and the combined number of such ballots which were returned by such voters and cast in the election, and shall make such report available to the general public that same day.".

   Inserted: SEC. 1614. ENFORCEMENT.

   Inserted: (a) Availability of Civil Penalties and Private Rights of Action.--Section 105 of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff--4) is amended to read as follows:

   Inserted: "SEC. 105. ENFORCEMENT.

   Inserted: "(a) Action by Attorney General.--

   Inserted: "(1) In general.--The Attorney General may bring civil action in an appropriate district court for such declaratory or injunctive relief as may be necessary to carry out this title.

   Inserted: "(2) Penalty.--In a civil action brought under paragraph (1), if the court finds that the State violated any provision of this title, it may, to vindicate the public interest, assess a civil penalty against the State--

   Inserted: "(A) in an amount not to exceed $110,000 for each such violation, in the case of a first violation; or

   Inserted: "(B) in an amount not to exceed $220,000 for each such violation, for any subsequent violation.

   Inserted: "(3) Report to congress.--Not later than December 31 of each year, the Attorney General shall submit to Congress an annual report on any civil action brought under paragraph (1) during the preceding year.

   Inserted: "(b) Private Right of Action.--A person who is aggrieved by a State's violation of this title may bring a civil action in an appropriate district court for such declaratory or injunctive relief as may be necessary to carry out this title.

   Inserted: "(c) State as Only Necessary Defendant.--In any action brought under this section, the only necessary party defendant is the State, and it shall not be a defense to any such action that a local election official or a unit of local government is not named as a defendant, notwithstanding that a State has exercised the authority described in section 576 of the Military and Overseas Voter Empowerment Act to delegate to another jurisdiction in the State any duty or responsibility which is the subject of an action brought under this section.".

   Inserted: (b) Effective Date.--The amendments made by this section shall apply with respect to violations alleged to have occurred on or after the date of the enactment of this Act.

   Inserted: SEC. 1615. REVISIONS TO 45-DAY ABSENTEE BALLOT TRANSMISSION RULE.

   Inserted: (a) Repeal of Waiver Authority.--

   Inserted: (1) In general.--Section 102 of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff--1) is amended by striking subsection (g).

   Inserted: (2) Conforming amendment.--Section 102(a)(8)(A) of such Act (42 U.S.C. 1973ff--1(a)(8)(A)) is amended by striking "except as provided in subsection (g),".

   Inserted: (b) Modification of Time-period to Avoid Weekend Deadlines.--Section 102(a)(8) of such Act (42 U.S.C. 1973ff--1(a)(8)(A)) is amended by striking "45 days" each place it appears and inserting "46 days".

   Inserted: (c) Requiring Use of Express Delivery in Case of Failure to Meet Requirement.--Section 102 of such Act (42 U.S.C. 1973ff--1), as amended by subsection (a), is amended by inserting after subsection (f) the following new subsection:

   Inserted: "(g) Requiring Use of Express Delivery in Case of Failure to Transmit Ballots Within Deadlines.--

   Inserted: "(1) Transmission of ballot by express delivery.--If a State fails to meet the requirement of subsection (a)(8)(A) to transmit a validly requested absentee ballot to an absent uniformed services voter or overseas voter not later than 46 days before the election (in the case in which the request is received at least 46 days before the election)--

   Inserted: "(A) the State shall transmit the ballot to the voter by express delivery; or

   Inserted: "(B) in the case of a voter who has designated that absentee ballots be transmitted electronically in accordance with subsection (f)(1), the State shall transmit the ballot to the voter electronically.

   Inserted: "(2) Special rule for transmission fewer than 40 days before the election.--If, in carrying out paragraph (1), a State transmits an absentee ballot to an absent uniformed services voter or overseas voter fewer than 40 days before the election, the State shall enable the ballot to be returned by the voter by express delivery, except that in the case of an absentee ballot of an absent uniformed services voter for a regularly scheduled general election for Federal office, the State may satisfy the requirement of this paragraph by notifying the voter of the procedures for the collection and delivery of such ballots under section 103A.".

   Inserted: SEC. 1616. USE OF SINGLE ABSENTEE BALLOT APPLICATION FOR SUBSEQUENT ELECTIONS.

   Inserted: (a) In General.--Section 104 of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-3) is amended to read as follows:

   Inserted: "SEC. 104. USE OF SINGLE APPLICATION FOR SUBSEQUENT ELECTIONS.

   Inserted: "(a) In General.--If a State accepts and processes a request for an absentee ballot by an absent uniformed services voter or overseas voter and the voter requests that the application be considered an application for an absentee ballot for each subsequent election for Federal office held in the State through the next regularly scheduled general election for Federal office (including any runoff elections which may occur as a result of the outcome of such general election), the State shall provide an absentee ballot to the voter for each such subsequent election.

   Inserted: "(b) Exception for Voters Changing Registration.--Subsection (a) shall not apply with respect to a voter registered to vote in a State for any election held after the voter notifies the State that the voter no longer wishes to be registered to vote in the State or after the State determines that the voter has registered to vote in another State or is otherwise no longer eligible to vote in the State.

   Inserted: "(c) Prohibition of Refusal of Application on Grounds of Early Submission.--A State may not refuse to accept or to process, with respect to any election for Federal office, any otherwise valid voter registration application or absentee ballot application (including the postcard form prescribed under section 101) submitted by an absent uniformed services voter or overseas voter on the grounds that the voter submitted the application before the first date on which the State otherwise accepts or processes such applications for that election which are submitted by absentee voters who are not members of the uniformed services or overseas citizens.".

   Inserted: (b) Effective Date.--The amendment made by subsection (a) shall apply with respect to voter registration and absentee ballot applications which are submitted to a State or local election official on or after the date of the enactment of this Act.

   Inserted: SEC. 1617. APPLICABILITY TO COMMONWEALTH OF THE NORTHERN MARIANA ISLANDS.

   Inserted: Paragraph (6) and (8) of section 107 of the Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 1973ff-6(6)) are each amended by striking "and American Samoa" and inserting "American Samoa, and the Commonwealth of the Northern Mariana Islands".

   Inserted: SEC. 1618. EFFECTIVE DATE.

   Inserted: Except as otherwise provided in this subtitle, the amendments made by this subtitle shall apply with respect to elections occurring on or after January 1, 2014.

   Inserted: Subtitle B--Voter Registration Modernization SEC. 1621. SHORT TITLE.

   Inserted: This subtitle may be cited as the "Voter Registration Modernization Act".

   Inserted: SEC. 1622. REQUIRING AVAILABILITY OF INTERNET FOR VOTER REGISTRATION.

   Inserted: (a) Requiring Availability of Internet for Registration.--The National Voter Registration Act of 1993 (42 U.S.C. 1973gg et seq.) is amended by inserting after section 6 the following new section:

   Inserted: "SEC. 6A. INTERNET REGISTRATION.

   Inserted: "(a) Requiring Availability of Internet for Online Registration.--

   Inserted: "(1) Availability of online registration.--Each State, acting through the chief State election official, shall ensure that the following services are available to the public at any time on the official public websites of the appropriate State and local election officials in the State, in the same manner and subject to the same terms and conditions as the services provided by voter registration agencies under section 7(a):

   Inserted: "(A) Online application for voter registration.

   Inserted: "(B) Online assistance to applicants in applying to register to vote.

   Inserted: "(C) Online completion and submission by applicants of the mail voter registration application form prescribed by the Election Assistance Commission pursuant to section 9(a)(2), including assistance with providing a signature in electronic form as required under subsection (c).

   Inserted: "(D) Online receipt of completed voter registration applications.

   Inserted: "(b) Acceptance of Completed Applications.--A State shall accept an online voter registration application provided by an individual under this section, and ensure that the individual is registered to vote in the State, if--

   Inserted: "(1) the individual meets the same voter registration requirements applicable to individuals who register to vote by mail in accordance with section 6(a)(1) using the mail voter registration application form prescribed by the Election Assistance Commission pursuant to section 9(a)(2); and

   Inserted: "(2) the individual provides a signature in electronic form in accordance with subsection (c) (but only in the case of applications submitted during or after the second year in which this section is in effect in the State).

   Inserted: "(c) Signatures in Electronic Form.--For purposes of this section, an individual provides a signature in electronic form by--

   Inserted: "(1) electronically signing the document in the manner required by the State for purposes of submitting online applications for voter registration before the date of the enactment of this section;

   Inserted: "(2) executing a computerized mark in the signature field on an online voter registration application; or

   Inserted: "(3) submitting with the application an electronic copy of the individual's handwritten signature through electronic means.

   Inserted: "(d) Confirmation and Disposition.--

   Inserted: "(1) Confirmation of receipt.--Upon the online submission of a completed voter registration application by an individual under this section, the appropriate State or local election official shall send the individual a notice confirming the State's receipt of the application and providing instructions on how the individual may check the status of the application.

   Inserted: "(2) Notice of disposition.--As soon as the appropriate State or local election official has approved or rejected an application submitted by an individual under this section, the official shall send the individual a notice of the disposition of the application.

   Inserted: "(3) Method of notification.--The appropriate State or local election official shall send the notices required under this subsection by regular mail, and, in the case of an individual who has requested that the State provide voter registration and voting information through electronic mail, by both electronic mail and regular mail.

   Inserted: "(e) Provision of Services in Nonpartisan Manner.--The services made available under subsection (a) shall be provided in a manner that ensures that, consistent with section 7(a)(5)--

   Inserted: "(1) the online application does not seek to influence an applicant's political preference or party registration; and

   Inserted: "(2) there is no display on the website promoting any political preference or party allegiance, except that nothing in this paragraph may be construed to prohibit an applicant from registering to vote as a member of a political party.

   Inserted: "(f) Protection of Security of Information.--In meeting the requirements of this section, the State shall establish appropriate technological security measures to prevent to the greatest extent practicable any unauthorized access to information provided by individuals using the services made available under subsection (a).

   Inserted: "(g) Use of Additional Telephone-Based System.--A State shall make the services made available online under subsection (a) available through the use of an automated telephone-based system, subject to the same terms and conditions applicable under this section to the services made available online, in addition to making the services available online in accordance with the requirements of this section.

   Inserted: "(h) Nondiscrimination Among Registered Voters Using Mail and Online Registration.--In carrying out this Act, the Help America Vote Act of 2002, or any other Federal, State, or local law governing the treatment of registered voters in the State or the administration of elections for public office in the State, a State shall treat a registered voter who registered to vote online in accordance with this section in the same manner as the State treats a registered voter who registered to vote by mail.".

   Inserted: (b) Treatment as Individuals Registering to Vote by Mail for Purposes of First-time Voter Identification Requirements.--Section 303(b)(1)(A) of the Help America Vote Act of 2002 (42 U.S.C. 15483(b)(1)(A)) is amended by striking "by mail" and inserting "by mail or online under section 6A of the National Voter Registration Act of 1993".

   Inserted: (c) Conforming Amendments.--

   Inserted: (1) Timing of registration.--Section 8(a)(1) of the National Voter Registration Act of 1993 (42 U.S.C. 1973gg-6(a)(1)) is amended--

   Inserted: (A) by striking "and" at the end of subparagraph (C);

   Inserted: (B) by redesignating subparagraph (D) as subparagraph (E); and

   Inserted: (C) by inserting after subparagraph (C) the following new subparagraph:

   Inserted: "(D) in the case of online registration through the official public website of an election official under section 6A, if the valid voter registration application is submitted online not later than the lesser of 30 days, or the period provided by State law, before the date of the election (as determined by treating the date on which the application is sent electronically as the date on which it is submitted); and".

   Inserted: (2) Informing applicants of eligibility requirements and penalties.--Section 8(a)(5) of such Act (42 U.S.C. 1973gg-6(a)(5)) is amended by striking "and 7" and inserting "6A, and 7".

   Inserted: SEC. 1623. USE OF INTERNET TO UPDATE REGISTRATION INFORMATION.

   Inserted: (a) In General.--

   Inserted: (1) Updates to information contained on computerized statewide voter registration list.--Section 303(a) of the Help America Vote Act of 2002 (42 U.S.C. 15483(a)) is amended by adding at the end the following new paragraph:

   Inserted: "(6) Use of internet by registered voters to update information.--

   Inserted: "(A) In general.--The appropriate State or local election official shall ensure that any registered voter on the computerized list may at any time update the voter's registration information, including the voter's address and electronic mail address, online through the official public website of the election official responsible for the maintenance of the list, so long as the voter attests to the contents of the update by providing a signature in electronic form in the same manner required under section 6A(c) of the National Voter Registration Act of 1993.

   Inserted: "(B) Processing of updated information by election officials.--If a registered voter updates registration information under subparagraph (A), the appropriate State or local election official shall--

   Inserted: "(i) revise any information on the computerized list to reflect the update made by the voter; and

   Inserted: "(ii) if the updated registration information affects the voter's eligibility to vote in an election for Federal office, ensure that the information is processed with respect to the election if the voter updates the information not later than the lesser of 7 days, or the period provided by State law, before the date of the election.

   Inserted: "(C) Confirmation and disposition.--

   Inserted: "(i) Confirmation of receipt.--Upon the online submission of updated registration information by an individual under this paragraph, the appropriate State or local election official shall send the individual a notice confirming the State's receipt of the updated information and providing instructions on how the individual may check the status of the update.

   Inserted: "(ii) Notice of disposition.--As soon as the appropriate State or local election official has accepted or rejected updated information submitted by an individual under this paragraph, the official shall send the individual a notice of the disposition of the update.

   Inserted: "(iii) Method of notification.--The appropriate State or local election official shall send the notices required under this subparagraph by regular mail, and, in the case of an individual who has requested that the State provide voter registration and voting information through electronic mail, by both electronic mail and regular mail.".

   Inserted: (2) Conforming amendment relating to effective date.--Section 303(d)(1)(A) of such Act (42 U.S.C. 15483(d)(1)(A)) is amended by striking "subparagraph (B)" and inserting "subparagraph (B) and subsection (a)(6)".

   Inserted: (b) Ability of Registrant To Use Online Update To Provide Information on Residence.--Section 8(d)(2)(A) of the National Voter Registration Act of 1993 (42 U.S.C. 1973gg-6(d)(2)(A)) is amended--

   Inserted: (1) in the first sentence, by inserting after "return the card" the following: "or update the registrant's information on the computerized Statewide voter registration list using the online method provided under section 303(a)(6) of the Help America Vote Act of 2002"; and

   Inserted: (2) in the second sentence, by striking "returned," and inserting the following: "returned or if the registrant does not update the registrant's information on the computerized Statewide voter registration list using such online method,".

   Inserted: SEC. 1624. STUDY ON BEST PRACTICES FOR INTERNET REGISTRATION.

   Inserted: (a) In General.--The Director of the National Institute of Standards and Technology shall conduct an ongoing study on best practices for implementing the requirements for Internet registration under section 6A of the National Voter Registration Act of 1993 (as added by section 1622) and the requirement to permit voters to update voter registration information online under section 303(a)(6) of the Help America Vote Act of 2002 (as added by section 1623).

   Inserted: (b) Report.--

   Inserted: (1) In general.--Not later than 4 months after the date of the enactment of this Act, the Director of the National Institute of Standards and Technology shall make publicly available a report on the study conducted under subsection (a).

   Inserted: (2) Quadrennial update.--The Director of the National Institute of Standards and Technology shall review and update the report made under paragraph (1).

   Inserted: (c) Use of Best Practices in EAC Voluntary Guidance.--Subsection (a) of section 311 of the Help America Vote Act of 2002 (42 U.S.C. 15501(a)) is amended by adding at the end the following new sentence: "Such voluntary guidance shall utilize the best practices developed by the Director of the National Institute of Standards and Technology under section 1624 of the Voter Registration Modernization Act for the use of the Internet in voter registration.".

   Inserted: SEC. 1625. PROVISION OF ELECTION INFORMATION BY ELECTRONIC MAIL TO INDIVIDUALS REGISTERED TO VOTE.

   Inserted: (a) Including Option on Voter Registration Application To Provide E-Mail Address and Receive Information.--

   Inserted: (1) In general.--Section 9(b) of the National Voter Registration Act of 1993 (42 U.S.C. 1973gg-7(b)) is amended--

   Inserted: (A) by striking "and" at the end of paragraph (3);

   Inserted: (B) by striking the period at the end of paragraph (4) and inserting "; and"; and

   Inserted: (C) by adding at the end the following new paragraph:

   Inserted: "(5) shall include a space for the applicant to provide (at the applicant's option) an electronic mail address, together with a statement that, if the applicant so requests, instead of using regular mail the appropriate State and local election officials shall provide to the applicant, through electronic mail sent to that address, the same voting information (as defined in section 302(b)(2) of the Help America Vote Act of 2002) which the officials would provide to the applicant through regular mail.".

   Inserted: (2) Prohibiting use for purposes unrelated to official duties of election officials.--Section 9 of such Act (42 U.S.C. 1973gg-7) is amended by adding at the end the following new subsection:

   Inserted: "(c) Prohibiting Use of Electronic Mail Addresses for Other Than Official Purposes.--The chief State election official shall ensure that any electronic mail address provided by an applicant under subsection (b)(5) is used only for purposes of carrying out official duties of election officials and is not transmitted by any State or local election official (or any agent of such an official, including a contractor) to any person who does not require the address to carry out such official duties and who is not under the direct supervision and control of a State or local election official.".

   Inserted: (b) Requiring Provision of Information by Election Officials.--Section 302(b) of the Help America Vote Act of 2002 (42 U.S.C. 15482(b)) is amended by adding at the end the following new paragraph:

   Inserted: "(3) Provision of other information by electronic mail.--If an individual who is a registered voter has provided the State or local election official with an electronic mail address for the purpose of receiving voting information (as described in section 9(b)(5) of the National Voter Registration Act of 1993), the appropriate State or local election official, through electronic mail transmitted not later than 7 days before the date of the election involved, shall provide the individual with information on how to obtain the following information by electronic means:

   Inserted: "(A) The name and address of the polling place at which the individual is assigned to vote in the election.

   Inserted: "(B) The hours of operation for the polling place.

   Inserted: "(C) A description of any identification or other information the individual may be required to present at the polling place.".

   Inserted: SEC. 1626. CLARIFICATION OF REQUIREMENT REGARDING NECESSARY INFORMATION TO SHOW ELIGIBILITY TO VOTE.

   Inserted: Section 8 of the National Voter Registration Act of 1993 (42 U.S.C. 1973gg-6) is amended--

   Inserted: (1) by redesignating subsection (j) as subsection (k); and

   Inserted: (2) by inserting after subsection (i) the following new subsection:

   Inserted: "(j) Requirement for State To Register Applicants Providing Necessary Information To Show Eligibility To Vote.--For purposes meeting the requirement of subsection (a)(1) that an eligible applicant is registered to vote in an election for Federal office within the deadlines required under such subsection, the State shall consider an applicant to have provided a 'valid voter registration form' if--

   Inserted: "(1) the applicant has accurately completed the application form and attested to the statement required by section 9(b)(2); and

   Inserted: "(2) in the case of an applicant who registers to vote online in accordance with section 6A, the applicant provides a signature in accordance with subsection (c) of such section.".

   Inserted: SEC. 1627. EFFECTIVE DATE.

   Inserted: (a) In General.--Except as provided in subsection (b), the amendments made by this subtitle (other than the amendments made by section 1625) shall take effect January 1, 2016.

   Inserted: (b) Waiver.--Subject to the approval of the Election Assistance Commission, if a State certifies to the Election Assistance Commission that the State will not meet the deadline referred to in subsection (a) because of extraordinary circumstances and includes in the certification the reasons for the failure to meet the deadline, subsection (a) shall apply to the State as if the reference in such subsection to "January 1, 2016" were a reference to "January 1, 2018".

   Original wording

   At the end of division A, add the following:

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As printed