S. 2818Senate108th Congress (2003-2005)In Committee

A bill to amend the Help America Vote Act of 2002 to ensure the same requirements that apply to voters who register by mail also apply to voters who do not register in person with an officer or employee of a State or local government entity, and to provide for increased penalties for fraudulent registration in cases involving 10 or more violations.

Introduced September 21, 2004

Legislative Activity

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2 earlier actions
SenateIntro Referral Latest Action

Read twice and referred to the Committee on Rules and Administration. (text of measure as introduced: CR S9444)

September 21, 2004

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SenateIntro Referral

Introduced in Senate

September 21, 2004

SenateIntro Referral

Sponsor introductory remarks on measure. (CR S9443-9444)

September 21, 2004

SenateIntro Referral

Read twice and referred to the Committee on Rules and Administration. (text of measure as introduced: CR S9444)

September 21, 2004

Floor Debate

6 members

What members said about S. 2818 on the floor

3 Republicans3 Democrats
Arlen Specter
Sen. Arlen SpecterR-PA · Sep 21, 2004

Mr. President, I have sought recognition today to introduce the Higher Education Preparation Program Act of 2004, which is legislation designed to expand higher educational opportunities for American…

Olympia J. Snowe
Sen. Olympia J. SnoweR-ME · Sep 21, 2004

Mr. President, I rise today to introduce the ``Small Business Reauthorization and Manufacturing Assistance Act of 2004,'' that reauthorizes programs administered by the Small Business Administration…

Pete V. Domenici
Sen. Pete V. DomeniciR-NM · Sep 21, 2004

Mr. President, the 2004 election is quickly approaching, and all Americans must be assured that when they cast their ballots, they will do so with the knowledge that the United States has done…

Pete V. Domenici
Sen. Pete V. DomeniciR-NM · Sep 21, 2004

Mr. President, the 2004 election is quickly approaching, and all Americans must be assured that when they cast their ballots, they will do so with the knowledge that the United States has done…

Harry Reid
Sen. Harry ReidD-NV · Sep 21, 2004

Mr. President, just this week--and this is only Tuesday-- the American Association of State Highway and Transportation Officials, known as AASHTO, which is comprised of the transportation leaders…

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Richard J. Durbin
Sen. Richard J. DurbinD-IL · Sep 21, 2004

Mr. President, today I am introducing a bill to honor Abraham Lincoln in 2009, the bicentennial of his birth, by issuing a series of 1-cent coins with designs on the reverse that are emblematic of…

Pete V. Domenici
Sen. Pete V. DomeniciR-NM · Sep 21, 2004

Mr. President, I ask unanimous consent that we proceed as in morning business for the following two items: That Senator Dorgan be permitted to proceed after the Senator from New Mexico for 5 minutes…

Harry Reid
Sen. Harry ReidD-NV · Sep 21, 2004

Mr. President, beyond the statement of my friend from New Mexico and Senator Dorgan, is there any other time that has been allocated? I ask unanimous consent that I be allowed to speak for 3 minutes…

Byron L. Dorgan
Sen. Byron L. DorganD-ND · Sep 21, 2004

Mr. President, I also seek the same 7 minutes. Yes.

Bill Text

Latest available legislative text

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Introduced in SenateIssued September 21, 2004
        [Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2818 Introduced in Senate (IS)]

108th CONGRESS
2d Session
S. 2818

To amend the Help America Vote Act of 2002 to ensure the same
requirements that apply to voters who register by mail also apply to
voters who do not register in person with an officer or employee of a
State or local government entity, and to provide for increased
penalties for fraudulent registration in cases involving 10 or more
violations.

_______________________________________________________________________

IN THE SENATE OF THE UNITED STATES

September 21, 2004

Mr. Domenici 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 ensure the same
requirements that apply to voters who register by mail also apply to
voters who do not register in person with an officer or employee of a
State or local government entity, and to provide for increased
penalties for fraudulent registration in cases involving 10 or more
violations.

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

SECTION 1. FINDINGS.

Congress makes the following findings:
(1) The right to vote is a fundamental and incontrovertible
right under the Constitution.
(2) There is a need for Congress to encourage and enable
every eligible American to vote by reaffirming that the right
to vote is a fundamental right under the Constitution.
(3) There is a need for Congress to encourage and enable
every eligible American to vote by reaffirming that the United
States is a democratic government ``of the people, by the
people, and for the people'' in which every vote counts.
(4) There is a need for Congress to encourage and enable
every eligible American to vote by eliminating procedural
obstacles to voting.
(5) There is a need to counter discrimination in voting by
removing barriers to the exercise of the constitutionally
protected right to vote.
(6) There is a need to ensure that voter registration
processes fairly incorporate every eligible American seeking to
exercise the right to vote.
(7) Participation in the electoral process is a fundamental
civic responsibility in which all eligible Americans should be
encouraged to actively participate.
(8) There is a need to ensure that every eligible American
seeking to exercise the right to vote has access to the
electoral process through a uniform system of voter
registration that includes each voter's personal registration
with an appropriate State or local government election entity.
(9) Congress has authority under section 4 of Article I of
the Constitution of the United States, section 5 of the
Fourteenth Amendment to the Constitution of the United States,
and section 2 of the Fifteenth Amendment to the Constitution of
the United States to enact legislation to address the equal
protection violations that may be caused by unfair voting
systems.
(10) Congress has an obligation to ensure that the States
and localities improve election administration and to ensure
the integrity of full participation of all Americans in the
democratic election process.

SEC. 2. REQUIREMENTS FOR VOTERS WHO DO NOT REGISTER IN PERSON WITH AN
OFFICER OR EMPLOYEE OF A STATE OR LOCAL GOVERNMENT
ENTITY.

(a) In General.--
(1) Application of requirements to voters not registering
in person.--Section 303(b)(1)(A) of the Help America Vote Act
of 2002 (42 U.S.C. 15483(b)(1)(A)) is amended to read as
follows:
``(A) the individual--
``(i) registered to vote in a jurisdiction
by mail; or
``(ii) did not register to vote in a
jurisdiction in person with an officer or
employee of a State or local government entity;
and''.
(2) Meaning of in person.--Paragraph (1) of section 303(b)
of such Act is amended by inserting at the end the following:
``For purposes of subparagraph (A)(ii), an individual shall not
be considered to have registered in person if the registration
is made by a person other than the person whose name appears on
the voter registration form.''.
(b) Conforming Amendment.--The heading for subsection (b) of
section 303 of such Act is amended by inserting ``and Who Do Not
Register in Person'' after ``Mail''.
(c) Effective Date.--The amendments made by this section shall take
effect as if included in section 303 of the Help America Vote Act of
2002.

SEC. 3. INCREASED PENALTIES RELATING TO FRAUDULENT VOTER REGISTRATION
IN CASES INVOLVING 10 OR MORE VIOLATIONS.

(a) False Information in Registering or Voting.--Subsection (c) of
section 11 of the Voting Rights Act of 1965 (42 U.S.C. 1973i(c)) is
amended by inserting at the end the following: ``In the case of any
person who is found to have been in violation of this section with
respect to 10 or more voter registrations, this section shall be
applied by substituting `$20,000' for `$10,000' and by substituting
`ten years' for `five years' with respect to each such violation.''.
(b) Penalty Under National Voter Registration Act of 1993.--Section
12 of the National Voter Registration Act of 1993 (42 U.S.C. 1973gg-10)
is amended by inserting at the end the following: ``In the case of any
person who is found to have been in violation of paragraph (2)(A) with
respect to 10 or more registration applications, such person shall be
fined not less $500,000 ($1,000,000 in the case of an organization) or
shall be imprisoned not more than 10 years, or both, and any such fine
shall be paid into the general fund of the Treasury as provided in the
preceding sentence.''.
(c) Effective Date.--The amendments made by this section shall
apply to violations occurring after the date of the enactment of this
Act.
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