For the People Act of 2021 (H.R. 1; 117th Congress)/Division A/Title I/Subtitle A

by John Sarbanes

Part 1 - Promoting Internet Registration.

SEC. 1001. - Requiring availability of internet for voter registration.

(a) Requiring Availability of Internet for Registration.--The National Voter Registration Act of 1993 (52 U.S.C. 20501 et seq.) is amended by inserting after section 6 the following new section:

"SEC. 6A. INTERNET REGISTRATION.

"(a) Requiring Availability of Internet for 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):

"(1) Online application for voter registration.

"(2) Online assistance to applicants in applying to register to vote.

"(3) 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 as required under subsection (c)).

"(4) Online receipt of completed voter registration applications.

"(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--

"(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

"(2) the individual meets the requirements of subsection (c) to provide a signature in electronic form (but only in the case of applications submitted during or after the second year in which this section is in effect in the State).

"(c) Signature Requirements.--

"(1) In general.--For purposes of this section, an individual meets the requirements of this subsection as follows:

"(A) In the case of an individual who has a signature on file with a State agency, including the State motor vehicle authority, that is required to provide voter registration services under this Act or any other law, the individual consents to the transfer of that electronic signature.

"(B) If subparagraph (A) does not apply, the individual submits with the application an electronic copy of the individual's handwritten signature through electronic means.

"(C) If subparagraph (A) and subparagraph (B) do not apply, the individual executes a computerized mark in the signature field on an online voter registration application, in accordance with reasonable security measures established by the State, but only if the State accepts such mark from the individual.

"(2) Treatment of individuals unable to meet requirement.--If an individual is unable to meet the requirements of paragraph (1), the State shall--

(A) permit the individual to complete all other elements of the online voter registration application;

"(B) permit the individual to provide a signature at the time the individual requests a ballot in an election (whether the individual requests the ballot at a polling place or requests the ballot by mail); and

"(C) if the individual carries out the steps described in subparagraph (A) and subparagraph (B), ensure that the individual is registered to vote in the State.

"(3) Notice.--The State shall ensure that individuals applying to register to vote online are notified of the requirements of paragraph (1) and of the treatment of individuals unable to meet such requirements, as described in paragraph (2).

"(d) Confirmation and Disposition.--

"(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.

"(2) Notice of disposition.--Not later than 7 days after 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.

"(3) Method of notification.--The appropriate State or local election official shall send the notices required under this subsection by regular mail and--

"(A) in the case of an individual who has provided the official with an electronic mail address, by electronic mail; and

"(B) at the option of the individual, by text message.

"(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)--

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

"(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.

"(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)

"(g) Accessibility of Services.--A state shall ensure that the services made available under this section are made available to individuals with disabilities to the same extent as services are made available to all other individuals.

"(h) 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.

"(i) 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.".

(b) Special Requirements for Individuals Using Online Registration.--

(1) 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 (52 U.S.C. 21083(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".

(2) Requiring signature for first-time voters in jurisdiction.--Section 303(b) of such Act (52 U.S.C. 21083(b)) is amended--

(A) by redesignating paragraph (5) as paragraph (6); and

(B) by inserting after paragraph (4) the following new paragraph:

"(5) Signature requirements for first-time voters using online registration.--

"(A) In general.--A State shall, in a uniform and nondiscriminatory manner, require an individual to meet the requirements of subparagraph (B) if--

"(i) the individual registered to vote in the State online under section 6A of the National Voter Registration Act of 1993; and

"(ii) the individual has not previously voted in an election for Federal office in the State.

"(B) Requirements.--An individual meets the requirements of this subparagraph if--

"(i) in the case of an individual who votes in person, the individual provides the appropriate State or local election official with a handwritten signature; or

"(ii) in the case of an individual who votes by mail, the individual submits with the ballot a handwritten signature.

"(C) Inapplicability.--Subparagraph (A) does not apply in the case of an individual who is--

"(i) entitled to vote by absentee ballot under the Uniformed and Overseas Citizens Absentee Voting Act (52 U.S.C. 20302 et seq.);

"(ii) provided the right to vote otherwise than in person under section 3(b)(2)(B)(ii) of the Voting Accessibility for the Elderly and Handicapped Act (52 U.S.C. 20102(b)(2)(B)(ii)); or

"(iii) entitled to vote otherwise than in person under any other Federal law.".

(3) Conforming amendment relating to effective date.--Section 303(d)(2)(A) of such Act (52 U.S.C. 21083(d)(2)(A)) is amended by striking "Each State" and inserting "Except as provided in subsection (b)(5), each State".

(c) Conforming Amendments.--

(1) Timing of registration.--Section 8(a)(1) of the National Voter Registration Act of 1993 (52 U.S.C. 20507(a)(1)) is amended--

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

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

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

"(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 28 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".

(2) Informing applicants of eligibility requirements and penalties.--Section 8(a)(5) of such Act (52 U.S.C. 20507(a)(5)) is amended by striking "and 7" and inserting "6A, and 7".

SEC. 1002. - Use of internet to update registration information.

(a) In General.—

(1) UPDATES TO INFORMATION CONTAINED ON COMPUTERIZED STATEWIDE VOTER REGISTRATION LIST.—Section 303(a) of the Help America Vote Act of 2002 (52 U.S.C. 21083(a)) is amended by adding at the end the following new paragraph:

"(6) USE OF INTERNET BY REGISTERED VOTERS TO UPDATE INFORMATION.—

“(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.

“(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—

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

“(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.

“(C) CONFIRMATION AND DISPOSITION.—

“(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.

“(ii) NOTICE OF DISPOSITION.—Not later than 7 days after 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.

“(iii) METHOD OF NOTIFICATION.—The appropriate State or local election official shall send the notices required under this subparagraph by regular mail and—

“(I) in the case of an individual who has requested that the State provide voter registration and voting information through electronic mail, by electronic mail; and

“(II) at the option of the individual, by text message.”.

(2) CONFORMING AMENDMENT RELATING TO EFFECTIVE DATE.—Section 303(d)(1)(A) of such Act (52 U.S.C. 21083(d)(1)(A)) is amended by striking “subparagraph (B)” and inserting “subparagraph (B) and subsection (a)(6)”.

(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 (52 U.S.C. 20507(d)(2)(A)) is amended—

(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

(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,”.

SEC. 1003. - Provision of election information by electronic mail to individuals registered to vote.

(a) Including Option On Voter Registration Application To Provide E-Mail Address And Receive Information.—

(1) IN GENERAL.—Section 9(b) of the National Voter Registration Act of 1993 (52 U.S.C. 20508(b)) is amended—

(A) by striking “and” at the end of paragraph (3);

(B) by striking the period at the end of paragraph (4) and inserting “; and”; and

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

“(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.”.

(2) PROHIBITING USE FOR PURPOSES UNRELATED TO OFFICIAL DUTIES OF ELECTION OFFICIALS.—Section 9 of such Act (52 U.S.C. 20508) is amended by adding at the end the following new subsection:

“(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.”.

(b) Requiring Provision Of Information By Election Officials.—Section 302(b) of the Help America Vote Act of 2002 (52 U.S.C. 21082(b)) is amended by adding at the end the following new paragraph:

“(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 for Federal office involved, shall provide the individual with information on how to obtain the following information by electronic means:

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

“(B) The hours of operation for the polling place.

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

SEC. 1004. - Clarification of requirement regarding necessary information to show eligibility to vote.

Section 8 of the National Voter Registration Act of 1993 (52 U.S.C. 20507) is amended—

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

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

“(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—

“(1) the applicant has substantially completed the application form and attested to the statement required by section 9(b)(2); and

“(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.”.

SEC. 1005. - Prohibiting State from requiring applicants to provide more than last 4 digits of Social Security number.

(a) Form Included With Application For Motor Vehicle Driver’s License.—Section 5(c)(2)(B)(ii) of the National Voter Registration Act of 1993 (52 U.S.C. 20504(c)(2)(B)(ii)) is amended by striking the semicolon at the end and inserting the following: “, and to the extent that the application requires the applicant to provide a Social Security number, may not require the applicant to provide more than the last 4 digits of such number;”.

(b) National Mail Voter Registration Form.—Section 9(b)(1) of such Act (52 U.S.C. 20508(b)(1)) is amended by striking the semicolon at the end and inserting the following: “, and to the extent that the form requires the applicant to provide a Social Security number, the form may not require the applicant to provide more than the last 4 digits of such number;”.

SEC. 1006. - Report on data collection.

Not later than 1 year after the date of enactment of this Act, the Attorney General shall submit to Congress a report on local, State, and Federal personally identifiable information data collections efforts, the cyber security resources necessary to defend such efforts from online attacks, and the impact of a potential data breach of local, State, or Federal online voter registration systems.

SEC. 1007. - Permitting voter registration application form to serve as application for absentee ballot.

Section 5(c)(2) of the National Voter Registration Act of 1993 (52 U.S.C. 20504(c)(2)) is amended—

(1) by striking “and” at the end of subparagraph (D);

(2) by striking the period at the end of subparagraph (E) and inserting “; and”; and

(3) by adding at the end the following new subparagraph:

“(F) at the option of the applicant, shall serve as an application to vote by absentee ballot in the next election for Federal office held in the State and in each subsequent election for Federal office held in the State.”.

SEC. 1008. - Effective date.

(a) In General.—Except as provided in subsection (b), the amendments made by this part (other than the amendments made by section 1004) shall take effect January 1, 2022.

(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, 2022” were a reference to “January 1, 2024”.

Part 2 - Automatic voter registration.

SEC. 1011. - Short title; Findings and purpose.

(a) Short Title.—This part may be cited as the “Automatic Voter Registration Act of 2021”.

(b) Findings And Purpose.—

(1) FINDINGS.—Congress finds that—

(A) the right to vote is a fundamental right of citizens of the United States;

(B) it is the responsibility of the State and Federal Governments to ensure that every eligible citizen is registered to vote;

(C) existing voter registration systems can be inaccurate, costly, inaccessible and confusing, with damaging effects on voter participation in elections for Federal office and disproportionate impacts on young people, persons with disabilities, and racial and ethnic minorities; and

(D) voter registration systems must be updated with 21st Century technologies and procedures to maintain their security.

(2) PURPOSE.—It is the purpose of this part—

(A) to establish that it is the responsibility of government at every level to ensure that all eligible citizens are registered to vote in elections for Federal office;

(B) to enable the State and Federal Governments to register all eligible citizens to vote with accurate, cost-efficient, and up-to-date procedures;

(C) to modernize voter registration and list maintenance procedures with electronic and internet capabilities; and

(D) to protect and enhance the integrity, accuracy, efficiency, and accessibility of the electoral process for all eligible citizens.

SEC. 1012. - Automatic registration of eligible individuals.

(a) Requiring States To Establish And Operate Automatic Registration System.—

(1) IN GENERAL.—The chief State election official of each State shall establish and operate a system of automatic registration for the registration of eligible individuals to vote for elections for Federal office in the State, in accordance with the provisions of this part.

(2) DEFINITION.—The term “automatic registration” means a system that registers an individual to vote in elections for Federal office in a State, if eligible, by electronically transferring the information necessary for registration from government agencies to election officials of the State so that, unless the individual affirmatively declines to be registered, the individual will be registered to vote in such elections.

(b) Registration Of Voters Based On New Agency Records.—The chief State election official shall—

(1) not later than 15 days after a contributing agency has transmitted information with respect to an individual pursuant to section 1013, ensure that the individual is registered to vote in elections for Federal office in the State if the individual is eligible to be registered to vote in such elections; and

(2) not later than 120 days after a contributing agency has transmitted such information with respect to the individual, send written notice to the individual, in addition to other means of notice established by this part, of the individual’s voter registration status.

(c) One-Time Registration Of Voters Based On Existing Contributing Agency Records.—The chief State election official shall—

(1) identify all individuals whose information is transmitted by a contributing agency pursuant to section 1014 and who are eligible to be, but are not currently, registered to vote in that State;

(2) promptly send each such individual written notice, in addition to other means of notice established by this part, which shall not identify the contributing agency that transmitted the information but shall include—

(A) an explanation that voter registration is voluntary, but if the individual does not decline registration, the individual will be registered to vote;

(B) a statement offering the opportunity to decline voter registration through means consistent with the requirements of this part;

(C) in the case of a State in which affiliation or enrollment with a political party is required in order to participate in an election to select the party’s candidate in an election for Federal office, a statement offering the individual the opportunity to affiliate or enroll with a political party or to decline to affiliate or enroll with a political party, through means consistent with the requirements of this part;

(D) the substantive qualifications of an elector in the State as listed in the mail voter registration application form for elections for Federal office prescribed pursuant to section 9 of the National Voter Registration Act of 1993, the consequences of false registration, and a statement that the individual should decline to register if the individual does not meet all those qualifications;

(E) instructions for correcting any erroneous information;

(F) instructions for providing any additional information which is listed in the mail voter registration application form for elections for Federal office prescribed pursuant to section 9 of the National Voter Registration Act of 1993; and

(G) an explanation of what information the State and local election officials maintain with respect to an individual voter registration status for purposes of elections for Federal office in the State, how that information is shared or sold and with whom, what information is automatically kept confidential, what information is needed to access voter information online, and what privacy programs are available, such as those described in section 1056;

(3) ensure that each such individual who is eligible to register to vote in elections for Federal office in the State is promptly registered to vote not later than 45 days after the official sends the individual the written notice under paragraph (2), unless, during the 30-day period which begins on the date the election official sends the individual such written notice, the individual declines registration in writing, through a communication made over the internet, or by an officially logged telephone communication; and

(4) send written notice to each such individual, in addition to other means of notice established by this part, of the individual’s voter registration status.

(d) Treatment Of Individuals Under 18 Years Of Age.—A State may not refuse to treat an individual as an eligible individual for purposes of this part on the grounds that the individual is less than 18 years of age at the time a contributing agency receives information with respect to the individual, so long as the individual is at least 16 years of age at such time. Nothing in the previous sentence may be construed to require a State to permit an individual who is under 18 years of age at the time of an election for Federal office to vote in the election.

(e) Contributing Agency Defined.—In this part, the term “contributing agency” means, with respect to a State, an agency listed in section 1013(e).

SEC. 1013. - Contributing agency assistance in registration.

(a) In General.—In accordance with this part, each contributing agency in a State shall assist the State’s chief election official in registering to vote all eligible individuals served by that agency.

(b) Requirements For Contributing Agencies.—

(1) INSTRUCTIONS ON AUTOMATIC REGISTRATION.—With each application for service or assistance, and with each related recertification, renewal, or change of address, or, in the case of an institution of higher education, with each registration of a student for enrollment in a course of study, each contributing agency that (in the normal course of its operations) requests individuals to affirm United States citizenship (either directly or as part of the overall application for service or assistance) shall inform each such individual who is a citizen of the United States of the following:

(A) Unless that individual declines to register to vote, or is found ineligible to vote, the individual will be registered to vote or, if applicable, the individual’s registration will be updated.

(B) The substantive qualifications of an elector in the State as listed in the mail voter registration application form for elections for Federal office prescribed pursuant to section 9 of the National Voter Registration Act of 1993, the consequences of false registration, and the individual should decline to register if the individual does not meet all those qualifications.

(C) In the case of a State in which affiliation or enrollment with a political party is required in order to participate in an election to select the party’s candidate in an election for Federal office, the requirement that the individual must affiliate or enroll with a political party in order to participate in such an election.

(D) Voter registration is voluntary, and neither registering nor declining to register to vote will in any way affect the availability of services or benefits, nor be used for other purposes.

(2) OPPORTUNITY TO DECLINE REGISTRATION REQUIRED.—Except as otherwise provided in this section, each contributing agency shall ensure that each application for service or assistance, and each related recertification, renewal, or change of address cannot be completed until the individual is given the opportunity to decline to be registered to vote.

(3) INFORMATION TRANSMITTAL.—Upon the expiration of the 30-day period which begins on the date a contributing agency as described in paragraph (1) informs an individual of the information described in such paragraph, unless the individual has declined to be registered to vote or informs the agency that they are already registered to vote, each contributing agency shall electronically transmit to the appropriate State election official, in a format compatible with the statewide voter database maintained under section 303 of the Help America Vote Act of 2002 (52 U.S.C. 21083), the following information:

(A) The individual’s given name(s) and surname(s).

(B) The individual’s date of birth.

(C) The individual’s residential address.

(D) Information showing that the individual is a citizen of the United States.

(E) The date on which information pertaining to that individual was collected or last updated.

(F) If available, the individual’s signature in electronic form.

(G) Except in the case in which the contributing agency is a covered institution of higher education, in the case of a State in which affiliation or enrollment with a political party is required in order to participate in an election to select the party’s candidate in an election for Federal office, information regarding the individual’s affiliation or enrollment with a political party, but only if the individual provides such information.

(H) Any additional information listed in the mail voter registration application form for elections for Federal office prescribed pursuant to section 9 of the National Voter Registration Act of 1993, including any valid driver's license number or the last 4 digits of the individual's social security number, if the individual provided such information.

(c) Alternate Procedure For Certain Contributing Agencies.—With each application for service or assistance, and with each related recertification, renewal, or change of address, any contributing agency that in the normal course of its operations does not request individuals applying for service or assistance to affirm United States citizenship (either directly or as part of the overall application for service or assistance) shall—

(1) complete the requirements of section 7(a)(6) of the National Voter Registration Act of 1993 (52 U.S.C. 20506(a)(6));

(2) ensure that each applicant’s transaction with the agency cannot be completed until the applicant has indicated whether the applicant wishes to register to vote or declines to register to vote in elections for Federal office held in the State; and

(3) for each individual who wishes to register to vote, transmit that individual’s information in accordance with subsection (b)(3).

(d) Required Availability Of Automatic Registration Opportunity With Each Application For Service Or Assistance.—Each contributing agency shall offer each individual, with each application for service or assistance, and with each related recertification, renewal, or change of address, or in the case of an institution of higher education, with each registration of a student for enrollment in a course of study, the opportunity to register to vote as prescribed by this section without regard to whether the individual previously declined a registration opportunity.

(e) Contributing Agencies.—

(1) STATE AGENCIES.—In each State, each of the following agencies shall be treated as a contributing agency:

(A) Each agency in a State that is required by Federal law to provide voter registration services, including the State motor vehicle authority and other voter registration agencies under the National Voter Registration Act of 1993.

(B) Each agency in a State that administers a program pursuant to title III of the Social Security Act (42 U.S.C. 501 et seq.), title XIX of the Social Security Act (42 U.S.C. 1396 et seq.), or the Patient Protection and Affordable Care Act (Public Law 111–148).

(C) Each State agency primarily responsible for regulating the private possession of firearms.

(D) Each State agency primarily responsible for maintaining identifying information for students enrolled at public secondary schools, including, where applicable, the State agency responsible for maintaining the education data system described in section 6201(e)(2) of the America COMPETES Act (20 U.S.C. 9871(e)(2)).

(E) In the case of a State in which an individual disenfranchised by a criminal conviction may become eligible to vote upon completion of a criminal sentence or any part thereof, or upon formal restoration of rights, the State agency responsible for administering that sentence, or part thereof, or that restoration of rights.

(F) Any other agency of the State which is designated by the State as a contributing agency.

(2) FEDERAL AGENCIES.—In each State, each of the following agencies of the Federal Government shall be treated as a contributing agency with respect to individuals who are residents of that State (except as provided in subparagraph (C)):

(A) The Social Security Administration, the Department of Veterans Affairs, the Defense Manpower Data Center of the Department of Defense, the Employee and Training Administration of the Department of Labor, and the Center for Medicare & Medicaid Services of the Department of Health and Human Services.

(B) The Bureau of Citizenship and Immigration Services, but only with respect to individuals who have completed the naturalization process.

(C) In the case of an individual who is a resident of a State in which an individual disenfranchised by a criminal conviction under Federal law may become eligible to vote upon completion of a criminal sentence or any part thereof, or upon formal restoration of rights, the Federal agency responsible for administering that sentence or part thereof (without regard to whether the agency is located in the same State in which the individual is a resident), but only with respect to individuals who have completed the criminal sentence or any part thereof.

(D) Any other agency of the Federal Government which the State designates as a contributing agency, but only if the State and the head of the agency determine that the agency collects information sufficient to carry out the responsibilities of a contributing agency under this section.

(3) PUBLICATION.—Not later than 180 days prior to the date of each election for Federal office held in the State, the chief State election official shall publish on the public website of the official an updated list of all contributing agencies in that State.

(4) PUBLIC EDUCATION.—The chief State election official of each State, in collaboration with each contributing agency, shall take appropriate measures to educate the public about voter registration under this section.

(f) Institutions Of Higher Education.—

(1) IN GENERAL.—Each covered institution of higher education shall be treated as a contributing agency in the State in which the institution is located with respect to in-State students.

(2) PROCEDURES.—

(A) IN GENERAL.—Notwithstanding section 444 of the General Education Provisions Act (20 U.S.C. 1232g; commonly referred to as the ’Family Educational Rights and Privacy Act of 1974”) or any other provision of law, each covered institution of higher education shall comply with the requirements of subsection (b) with respect to each in-State student.

(B) RULES FOR COMPLIANCE.—In complying with the requirements described in subparagraph (A), the institution—

(i) may use information provided in the Free Application for Federal Student Aid described in section 483 of the Higher Education Act of 1965 (20 U.S.C. 1090) to collect information described in paragraph (3) of such subsection for purposes of transmitting such information to the appropriate State election official pursuant to such paragraph; and

(ii) shall not be required to prevent or delay students from enrolling in a course of study or otherwise impede the completion of the enrollment process; and (iii) shall not withhold, delay, or impede the provision of Federal financial aid provided under title IV of the Higher Education Act of 1965.

(C) CLARIFICATION.—Nothing in this part may be construed to require an institution of higher education to request each student to affirm whether or not the student is a United States citizen or otherwise collect information with respect to citizenship.

(3) DEFINITIONS.—

(A) COVERED INSTITUTION OF HIGHER EDUCATION.—In this section, the term “covered institution of higher education” means an institution of higher education that—

(i) has a program participation agreement in effect with the Secretary of Education under section 487 of the Higher Education Act of 1965 (20 U.S.C. 1094);

(ii) in its normal course of operations, requests each in-State student enrolling in the institution to affirm whether or not the student is a United States citizen; and

(iii) is located in a State to which section 4(b)(1) of the National Voter Registration Act of 1993 (52 U.S.C. 20503(b)(1)) does not apply.

(B) IN-STATE STUDENT.—In this section, the term “in-State student”—

(i) means a student enrolled in a covered institution of higher education who, for purposes related to in-State tuition, financial aid eligibility, or other similar purposes, resides in the State; and

(ii) includes a student described in clause (i) who is enrolled in a program of distance education, as defined in section 103 of the Higher Education Act of 1965 (20 U.S.C. 1003).

SEC. 1014. - One-time contributing agency assistance in registration of eligible voters in existing records.

(a) Initial Transmittal Of Information.—For each individual already listed in a contributing agency’s records as of the date of enactment of this Act, and for whom the agency has the information listed in section 1013(b)(3), the agency shall promptly transmit that information to the appropriate State election official in accordance with section 1013(b)(3) not later than the effective date described in section 1021(a).

(b) Transition.—For each individual listed in a contributing agency’s records as of the effective date described in section 1021(a) (but who was not listed in a contributing agency’s records as of the date of enactment of this Act), and for whom the agency has the information listed in section 1013(b)(3), the Agency shall promptly transmit that information to the appropriate State election official in accordance with section 1013(b)(3) not later than 6 months after the effective date described in section 1021(a).

SEC. 1015. - Voter protection and security in automatic registration.

(a) Protections For Errors In Registration.—An individual shall not be prosecuted under any Federal or State law, adversely affected in any civil adjudication concerning immigration status or naturalization, or subject to an allegation in any legal proceeding that the individual is not a citizen of the United States on any of the following grounds:

(1) The individual notified an election office of the individual’s automatic registration to vote under this part.

(2) The individual is not eligible to vote in elections for Federal office but was automatically registered to vote under this part.

(3) The individual was automatically registered to vote under this part at an incorrect address.

(4) The individual declined the opportunity to register to vote or did not make an affirmation of citizenship, including through automatic registration, under this part.

(b) Limits On Use Of Automatic Registration.—The automatic registration of any individual or the fact that an individual declined the opportunity to register to vote or did not make an affirmation of citizenship (including through automatic registration) under this part may not be used as evidence against that individual in any State or Federal law enforcement proceeding, and an individual’s lack of knowledge or willfulness of such registration may be demonstrated by the individual’s testimony alone.

(c) Protection Of Election Integrity.—Nothing in subsections (a) or (b) may be construed to prohibit or restrict any action under color of law against an individual who—

(1) knowingly and willfully makes a false statement to effectuate or perpetuate automatic voter registration by any individual; or

(2) casts a ballot knowingly and willfully in violation of State law or the laws of the United States.

(d) Contributing Agencies’ Protection Of Information.—Nothing in this part authorizes a contributing agency to collect, retain, transmit, or publicly disclose any of the following:

(1) An individual’s decision to decline to register to vote or not to register to vote.

(2) An individual’s decision not to affirm his or her citizenship.

(3) Any information that a contributing agency transmits pursuant to section 1013(b)(3), except in pursuing the agency’s ordinary course of business.

(e) Election Officials’ Protection Of Information.—

(1) PUBLIC DISCLOSURE PROHIBITED.—

(A) IN GENERAL.—Subject to subparagraph (B), with respect to any individual for whom any State election official receives information from a contributing agency, the State election officials shall not publicly disclose any of the following:

(i) The identity of the contributing agency.

(ii) Any information not necessary to voter registration.

(iii) Any voter information otherwise shielded from disclosure under State law or section 8(a) of the National Voter Registration Act of 1993 (52 U.S.C. 20507(a)).

(iv) Any portion of the individual’s social security number.

(v) Any portion of the individual’s motor vehicle driver’s license number.

(vi) The individual’s signature.

(vii) The individual’s telephone number.

(viii) The individual’s email address.

(B) SPECIAL RULE FOR INDIVIDUALS REGISTERED TO VOTE.—With respect to any individual for whom any State election official receives information from a contributing agency and who, on the basis of such information, is registered to vote in the State under this part, the State election officials shall not publicly disclose any of the following:

(i) The identity of the contributing agency.

(ii) Any information not necessary to voter registration.

(iii) Any voter information otherwise shielded from disclosure under State law or section 8(a) of the National Voter Registration Act of 1993 (52 U.S.C. 20507(a)).

(iv) Any portion of the individual’s social security number.

(v) Any portion of the individual’s motor vehicle driver’s license number.

(vi) The individual’s signature.

(2) VOTER RECORD CHANGES.—Each State shall maintain for at least 2 years and shall make available for public inspection (and, where available, photocopying at a reasonable cost), including in electronic form and through electronic methods, all records of changes to voter records, including removals, the reasons for removals, and updates.

(3) DATABASE MANAGEMENT STANDARDS.—The Director of the National Institute of Standards and Technology shall, after providing the public with notice and the opportunity to comment—

(A) establish standards governing the comparison of data for voter registration list maintenance purposes, identifying as part of such standards the specific data elements, the matching rules used, and how a State may use the data to determine and deem that an individual is ineligible under State law to vote in an election, or to deem a record to be a duplicate or outdated;

(B) ensure that the standards developed pursuant to this paragraph are uniform and nondiscriminatory and are applied in a uniform and nondiscriminatory manner; and

(C) not later than 45 days after the deadline for public notice and comment, publish the standards developed pursuant to this paragraph on the Director’s website and make those standards available in written form upon request.

(4) SECURITY POLICY.—The Director of the National Institute of Standards and Technology shall, after providing the public with notice and the opportunity to comment, publish privacy and security standards for voter registration information not later than 45 days after the deadline for public notice and comment. The standards shall require the chief State election official of each State to adopt a policy that shall specify—

(A) each class of users who shall have authorized access to the computerized statewide voter registration list, specifying for each class the permission and levels of access to be granted, and setting forth other safeguards to protect the privacy, security, and accuracy of the information on the list; and

(B) security safeguards to protect personal information transmitted through the information transmittal processes of section 1013 or section 1014, the online system used pursuant to section 1017, any telephone interface, the maintenance of the voter registration database, and any audit procedure to track access to the system.

(5) STATE COMPLIANCE WITH NATIONAL STANDARDS.—

(A) CERTIFICATION.—The chief executive officer of the State shall annually file with the Election Assistance Commission a statement certifying to the Director of the National Institute of Standards and Technology that the State is in compliance with the standards referred to in paragraphs (3) and (4). A State may meet the requirement of the previous sentence by filing with the Commission a statement which reads as follows: “_____ hereby certifies that it is in compliance with the standards referred to in paragraphs (3) and (4) of section 1015(e) of the Automatic Voter Registration Act of 2021.” (with the blank to be filled in with the name of the State involved).

(B) PUBLICATION OF POLICIES AND PROCEDURES.—The chief State election official of a State shall publish on the official’s website the policies and procedures established under this section, and shall make those policies and procedures available in written form upon public request.

(C) FUNDING DEPENDENT ON CERTIFICATION.—If a State does not timely file the certification required under this paragraph, it shall not receive any payment under this part for the upcoming fiscal year.

(D) COMPLIANCE OF STATES THAT REQUIRE CHANGES TO STATE LAW.—In the case of a State that requires State legislation to carry out an activity covered by any certification submitted under this paragraph, for a period of not more than 2 years the State shall be permitted to make the certification notwithstanding that the legislation has not been enacted at the time the certification is submitted, and such State shall submit an additional certification once such legislation is enacted.

(f) Restrictions On Use Of Information.—No person acting under color of law may discriminate against any individual based on, or use for any purpose other than voter registration, election administration, or enforcement relating to election crimes, any of the following:

(1) Voter registration records.

(2) An individual’s declination to register to vote or complete an affirmation of citizenship under section 1013(b).

(3) An individual’s voter registration status.

(g) Prohibition On The Use Of Voter Registration Information For Commercial Purposes.—Information collected under this part shall not be used for commercial purposes. Nothing in this subsection may be construed to prohibit the transmission, exchange, or dissemination of information for political purposes, including the support of campaigns for election for Federal, State, or local public office or the activities of political committees (including committees of political parties) under the Federal Election Campaign Act of 1971.

SEC. 1016. - Registration portability and correction.

(a) Correcting Registration Information At Polling Place.—Notwithstanding section 302(a) of the Help America Vote Act of 2002 (52 U.S.C. 21082(a)), if an individual is registered to vote in elections for Federal office held in a State, the appropriate election official at the polling place for any such election (including a location used as a polling place on a date other than the date of the election) shall permit the individual to—

(1) update the individual’s address for purposes of the records of the election official;

(2) correct any incorrect information relating to the individual, including the individual’s name and political party affiliation, in the records of the election official; and

(3) cast a ballot in the election on the basis of the updated address or corrected information, and to have the ballot treated as a regular ballot and not as a provisional ballot under section 302(a) of such Act.

(b) Updates To Computerized Statewide Voter Registration Lists.—If an election official at the polling place receives an updated address or corrected information from an individual under subsection (a), the official shall ensure that the address or information is promptly entered into the computerized statewide voter registration list in accordance with section 303(a)(1)(A)(vi) of the Help America Vote Act of 2002 (52 U.S.C. 21083(a)(1)(A)(vi)).

SEC. 1017. - Payments and grants.

(a) In General.—The Election Assistance Commission shall make grants to each eligible State to assist the State in implementing the requirements of this part (or, in the case of an exempt State, in implementing its existing automatic voter registration program).

(b) Eligibility; Application.—A State is eligible to receive a grant under this section if the State submits to the Commission, at such time and in such form as the Commission may require, an application containing—

(1) a description of the activities the State will carry out with the grant;

(2) an assurance that the State shall carry out such activities without partisan bias and without promoting any particular point of view regarding any issue; and

(3) such other information and assurances as the Commission may require.

(c) Amount Of Grant; Priorities.—The Commission shall determine the amount of a grant made to an eligible State under this section. In determining the amounts of the grants, the Commission shall give priority to providing funds for those activities which are most likely to accelerate compliance with the requirements of this part (or, in the case of an exempt State, which are most likely to enhance the ability of the State to automatically register individuals to vote through its existing automatic voter registration program), including—

(1) investments supporting electronic information transfer, including electronic collection and transfer of signatures, between contributing agencies and the appropriate State election officials;

(2) updates to online or electronic voter registration systems already operating as of the date of the enactment of this Act;

(3) introduction of online voter registration systems in jurisdictions in which those systems did not previously exist; and

(4) public education on the availability of new methods of registering to vote, updating registration, and correcting registration.

(d) Authorization Of Appropriations.—

(1) AUTHORIZATION.—There are authorized to be appropriated to carry out this section—

(A) $500,000,000 for fiscal year 2021; and

(B) such sums as may be necessary for each succeeding fiscal year.

(2) CONTINUING AVAILABILITY OF FUNDS.—Any amounts appropriated pursuant to the authority of this subsection shall remain available without fiscal year limitation until expended.

SEC. 1018. - Treatment of exempt States.

(a) Waiver Of Requirements.—Except as provided in subsection (b), this part does not apply with respect to an exempt State.

(b) Exceptions.—The following provisions of this part apply with respect to an exempt State:

(1) section 1016 (relating to registration portability and correction).

(2) section 1017 (relating to payments and grants).

(3) Section 1019(e) (relating to enforcement).

(4) Section 1019(f) (relating to relation to other laws).

SEC. 1019. - Miscellaneous provisions.

(a) Accessibility Of Registration Services.—Each contributing agency shall ensure that the services it provides under this part are made available to individuals with disabilities to the same extent as services are made available to all other individuals.

(b) Transmission Through Secure Third Party Permitted.—Nothing in this part shall be construed to prevent a contributing agency from contracting with a third party to assist the agency in meeting the information transmittal requirements of this part, so long as the data transmittal complies with the applicable requirements of this part, including the privacy and security provisions of section 1015.

(c) Nonpartisan, Nondiscriminatory Provision Of Services.—The services made available by contributing agencies under this part and by the State under sections 1015 and 1016 shall be made in a manner consistent with paragraphs (4), (5), and (6)(C) of section 7(a) of the National Voter Registration Act of 1993 (52 U.S.C. 20506(a)).

(d) Notices.—Each State may send notices under this part via electronic mail if the individual has provided an electronic mail address and consented to electronic mail communications for election-related materials. All notices sent pursuant to this part that require a response must offer the individual notified the opportunity to respond at no cost to the individual.

(e) Enforcement.—Section 11 of the National Voter Registration Act of 1993 (52 U.S.C. 20510), relating to civil enforcement and the availability of private rights of action, shall apply with respect to this part in the same manner as such section applies to such Act.

(f) Relation To Other Laws.—Except as provided, nothing in this part may be construed to authorize or require conduct prohibited under, or to supersede, restrict, or limit the application of any of the following:

(1) The Voting Rights Act of 1965 (52 U.S.C. 10301 et seq.).

(2) The Uniformed and Overseas Citizens Absentee Voting Act (52 U.S.C. 20301 et seq.).

(3) The National Voter Registration Act of 1993 (52 U.S.C. 20501 et seq.).

(4) The Help America Vote Act of 2002 (52 U.S.C. 20901 et seq.).

SEC. 1020. - Definitions.

In this part, the following definitions apply:

(1) The term “chief State election official” means, with respect to a State, the individual designated by the State under section 10 of the National Voter Registration Act of 1993 (52 U.S.C. 20509) to be responsible for coordination of the State’s responsibilities under such Act.

(2) The term “Commission” means the Election Assistance Commission.

(3) The term “exempt State” means a State which, under law which is in effect continuously on and after the date of the enactment of this Act, operates an automatic voter registration program under which an individual is automatically registered to vote in elections for Federal office in the State if the individual provides the motor vehicle authority of the State (or, in the case of a State in which an individual is automatically registered to vote at the time the individual applies for benefits or services with a Permanent Dividend Fund of the State, provides the appropriate official of such Fund) with such identifying information as the State may require.

(4) The term “State” means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands.

SEC. 1021. - Effective date.

(a) In General.—Except as provided in subsection (b), this part and the amendments made by this part shall apply with respect to a State beginning January 1, 2023.

(b) Waiver.—Subject to the approval of the Commission, if a State certifies to the 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, 2023” were a reference to “January 1, 2025”.

Part 3 - Same Day Voter Registration.

SEC. 1031. - Same day registration.

(a) In General.—Title III of the Help America Vote Act of 2002 (52 U.S.C. 21081 et seq.) is amended—

(1) by redesignating sections 304 and 305 as sections 305 and 306; and

(2) by inserting after section 303 the following new section:

“SEC. 304. SAME DAY REGISTRATION.

“(a) In General.—

“(1) REGISTRATION.—Each State shall permit any eligible individual on the day of a Federal election and on any day when voting, including early voting, is permitted for a Federal election—

“(A) to register to vote in such election at the polling place using a form that meets the requirements under section 9(b) of the National Voter Registration Act of 1993 (or, if the individual is already registered to vote, to revise any of the individual’s voter registration information); and

“(B) to cast a vote in such election.

“(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 section, there is no voter registration requirement for individuals in the State with respect to elections for Federal office.

“(b) Eligible Individual.—For purposes of this section, the term ‘eligible individual’ means, with respect to any election for Federal office, an individual who is otherwise qualified to vote in that election.

“(c) Ensuring Availability Of Forms.—The State shall ensure that each polling place has copies of any forms an individual may be required to complete in order to register to vote or revise the individual’s voter registration information under this section.

“(d) Effective Date.—Each State shall be required to comply with the requirements of subsection (a) for the regularly scheduled general election for Federal office occurring in November 2022 and for any subsequent election for Federal office.”.

(b) Conforming Amendment Relating To Enforcement.—Section 401 of such Act (52 U.S.C. 21111) is amended by striking “sections 301, 302, and 303” and inserting “subtitle A of title III”.

(c) Clerical Amendment.—The table of contents of such Act is amended—

(1) by redesignating the items relating to sections 304 and 305 as relating to sections 305 and 306; and

(2) by inserting after the item relating to section 303 the following new item:

Part 4 - Conditions on Removal on Basis of Interstate Cross-Checks.

SEC. 1041. - Conditions on removal of registrants from official list of eligible voters on basis of interstate cross-checks.

(a) Minimum Information Required For Removal Under Cross-Check.—Section 8(c)(2) of the National Voter Registration Act of 1993 (52 U.S.C. 20507(c))(2)) is amended—

(1) by redesignating subparagraph (B) as subparagraph (D); and

(2) by inserting after subparagraph (A) the following new subparagraphs:

“(B) To the extent that the program carried out by a State under subparagraph (A) to systematically remove the names of ineligible voters from the official lists of eligible voters uses information obtained in an interstate cross-check, in addition to any other conditions imposed under this Act on the authority of the State to remove the name of the voter from such a list, the State may not remove the name of the voter from such a list unless—

“(i) the State obtained the voter’s full name (including the voter’s middle name, if any) and date of birth, and the last 4 digits of the voter’s social security number, in the interstate cross-check; or

“(ii) the State obtained documentation from the ERIC system that the voter is no longer a resident of the State.

“(C) In this paragraph—

“(i) the term ‘interstate cross-check’ means the transmission of information from an election official in one State to an election official of another State; and

“(ii) the term ‘ERIC system’ means the system operated by the Electronic Registration Information Center to share voter registration information and voter identification information among participating States.”.

(b) Requiring Completion Of Cross-Checks Not Later Than 6 Months Prior To Election.—Subparagraph (A) of section 8(c)(2) of such Act (52 U.S.C. 20507(c)(2)) is amended by striking “not later than 90 days” and inserting the following: “not later than 90 days (or, in the case of a program in which the State uses interstate cross-checks, not later than 6 months)”.

(c) Conforming Amendment.—Subparagraph (D) of section 8(c)(2) of such Act (52 U.S.C. 20507(c)(2)), as redesignated by subsection (a)(1), is amended by striking “Subparagraph (A)” and inserting “This paragraph”.

(d) Effective Date.—The amendments made by this Act shall apply with respect to elections held on or after the expiration of the 6-month period which begins on the date of the enactment of this Act.

Part 5 - Other Initiatives To Promote Voter Registration.

SEC. 1051. - Annual reports on voter registration statistics.

(a) Annual Report.—Not later than 90 days after the end of each year, each State shall submit to the Election Assistance Commission and Congress a report containing the following categories of information for the year:

(1) The number of individuals who were registered under part 2.

(2) The number of voter registration application forms completed by individuals that were transmitted by motor vehicle authorities in the State (pursuant to section 5(d) of the National Voter Registration Act of 1993) and voter registration agencies in the State (as designated under section 7 of such Act) to the chief State election official of the State, broken down by each such authority and agency.

(3) The number of such individuals whose voter registration application forms were accepted and who were registered to vote in the State and the number of such individuals whose forms were rejected and who were not registered to vote in the State, broken down by each such authority and agency.

(4) The number of change of address forms and other forms of information indicating that an individual’s identifying information has been changed that were transmitted by such motor vehicle authorities and voter registration agencies to the chief State election official of the State, broken down by each such authority and agency and the type of form transmitted.

(5) The number of individuals on the statewide computerized voter registration list (as established and maintained under section 303 of the Help America Vote Act of 2002) whose voter registration information was revised by the chief State election official as a result of the forms transmitted to the official by such motor vehicle authorities and voter registration agencies (as described in paragraph (3)), broken down by each such authority and agency and the type of form transmitted.

(6) The number of individuals who requested the chief State election official to revise voter registration information on such list, and the number of individuals whose information was revised as a result of such a request.

(7) The number of individuals who were purged from the official voter registration list or moved to inactive status, broken down by the reason for those actions, including the method used for identifying those voters.

(b) Breakdown Of Information.—In preparing the report under this section, the State shall, for each category of information described in subsection (a), include a breakdown by race, ethnicity, age, and gender of the individuals whose information is included in the category, to the extent that information on the race, ethnicity, age, and gender of such individuals is available to the State.

(c) Confidentiality Of Information.—In preparing and submitting a report under this section, the chief State election official shall ensure that no information regarding the identification of any individual is revealed.

(d) State Defined.—In this section, a “State” includes the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands, but does not include any 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.

SEC. 1052. - Ensuring pre-election registration deadlines are consistent with timing of legal public holidays.

(a) In General.—Section 8(a)(1) of the National Voter Registration Act of 1993 (52 U.S.C. 20507(a)(1)) is amended by striking “30 days” each place it appears and inserting “28 days”.

(b) Effective Date.—The amendment made by subsection (a) shall apply with respect to elections held in 2022 or any succeeding year.

SEC. 1053. - Use of Postal Service hard copy change of address form to remind individuals to update voter registration.

(a) In General.—Not later than 1 year after the date of the enactment of this Act, the Postmaster General shall modify any hard copy change of address form used by the United States Postal Service so that such form contains a reminder that any individual using such form should update the individual’s voter registration as a result of any change in address.

(b) Application.—The requirement in subsection (a) shall not apply to any electronic version of a change of address form used by the United States Postal Service.

SEC. 1054. - Grants to States for activities to encourage involvement of minors in election activities.

(a) Grants.—

(1) IN GENERAL.—The Election Assistance Commission (hereafter in this section referred to as the “Commission”) shall make grants to eligible States to enable such States to carry out a plan to increase the involvement of individuals under 18 years of age in public election activities in the State.

(2) CONTENTS OF PLANS.—A State’s plan under this subsection shall include—

(A) methods to promote the use of the pre-registration process implemented under section 8A of the National Voter Registration Act of 1993 (as added by section 2(a));

(B) modifications to the curriculum of secondary schools in the State to promote civic engagement; and

(C) such other activities to encourage the involvement of young people in the electoral process as the State considers appropriate.

(b) Eligibility.—A State is eligible to receive a grant under this section if the State submits to the Commission, at such time and in such form as the Commission may require, an application containing—

(1) a description of the State’s plan under subsection (a);

(2) a description of the performance measures and targets the State will use to determine its success in carrying out the plan; and

(3) such other information and assurances as the Commission may require.

(c) Period Of Grant; Report.—

(1) PERIOD OF GRANT.—A State receiving a grant under this section shall use the funds provided by the grant over a 2-year period agreed to between the State and the Commission.

(2) REPORT.—Not later than 6 months after the end of the 2-year period agreed to under paragraph (1), the State shall submit to the Commission a report on the activities the State carried out with the funds provided by the grant, and shall include in the report an analysis of the extent to which the State met the performance measures and targets included in its application under subsection (b)(2).

(d) State Defined.—In this section, the term “State” means each of the several States and the District of Columbia.

(e) Authorization Of Appropriations.—There are authorized to be appropriated for grants under this section $25,000,000, to remain available until expended.

SEC. 1055. - Permission to place exhibits.

The Secretary of Homeland Security shall implement procedures to allow the chief election officer of a State to provide information about voter registration, including through a display or exhibit, after the conclusion of an administrative naturalization ceremony in that State.

SEC. 1056. - Requiring States to establish and operate voter privacy programs.

(a) In General.—Each State shall establish and operate a privacy program to enable victims of domestic violence, dating violence, stalking, sexual assault, and trafficking to have personally identifiable information that the State or local election officials maintain with respect to an individual voter registration status for purposes of elections for Federal office in the State, including addresses, be kept confidential.

(b) Notice.—Each State shall notify residents of that State of the information that State and local election officials maintain with respect to an individual voter registration status for purposes of elections for Federal office in the State, how that information is shared or sold and with whom, what information is automatically kept confidential, what information is needed to access voter information online, and the privacy programs that are available.

(c) Public Availability.—Each State shall make information about the program established under subsection (a) available on a publicly accessible website.

(d) Definitions.—In this section:

(1) The terms “domestic violence”, “stalking”, “sexual assault”, and “dating violence” have the meanings given such terms in section 40002 of the Violence Against Women Act of 1994 (34 U.S.C. 12291).

(2) The term “trafficking” means an act or practice described in paragraph (11) or (12) of section 103 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7102).

SEC. 1057. - Inclusion of voter registration information with certain leases and vouchers for federally assisted rental housing and mortgage applications.

(a) Development Of Uniform Statement.—The Director of the Bureau of Consumer Financial Protection, in coordination with the Election Assistance Commission, shall develop a uniform statement designed to provide recipients of such statement pursuant to this section of how they can register to vote and their voting rights under law.

(b) Leases And Vouchers For Federally Assisted Rental Housing.—The Secretary of Housing and Urban Development shall require—

(1) each public housing agency to provide a copy of the uniform statement developed pursuant to subsection (a) to each lessee of a dwelling unit in public housing administered by such agency—

(A) together with the lease for such a dwelling unit, at the same time such lease is provided to the lessee; and

(B) together with any income verification form, at the same time such form is provided to the lessee;

(2) each public housing agency that administers rental assistance under the Housing Choice Voucher program under section 8(o) of the United States Housing Act of 1937 (42 U.S.C. 1437f(o)), including the program under paragraph (13) of such section 8(o), to provide a copy of the uniform statement developed pursuant to subsection (a) to each assisted family or individual—

(A) together with the voucher for such assistance, at the time such voucher is issued for such family or individual; and

(B) together with any income verification form, at the same time such form is provided to the applicant or assisted family or individual; and

(3) each owner of a dwelling unit assisted with Federal project-based rental assistance to provide a copy of the uniform statement developed pursuant to subsection (a) to provide to the lessee of such dwelling unit—

(A) together with the lease for such dwelling unit, at the same time such form is provided to the lessee; and

(B) together with any income verification form, at the same time such form is provided to the applicant or tenant; except that the Secretary of Agriculture shall administer the requirement under this paragraph with respect to Federal project-based rental assistance specified in subsection (e)(1)(D).

(c) Applications For Residential Mortgage Loans.—The Director of the Bureau of Consumer Financial Protection shall require each creditor that receives an application (within the meaning of such term as used in the Equal Credit Opportunity Act (15 U.S.C. 1691)) for a residential mortgage loan to provide a copy of the uniform statement developed pursuant to subsection (a) in written form to the applicant for such residential mortgage loan, within 5 business days of the date of application.

(d) Optional Completion Of Application.—Nothing in this section may be construed to require any individual to complete an application for voter registration.

(e) Definitions.—As used in this section:

(1) FEDERAL PROJECT-BASED RENTAL ASSISTANCE.—The term “Federal project-based rental assistance” means project-based rental assistance provided under—

(A) section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f);

(B) section 202 of the Housing Act of 1959 (12 U.S.C. 1701q);

(C) section 811 of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 8013);

(D) title V of the Housing Act of 1949 (42 U.S.C. 1471 et seq.), including voucher assistance under section 542 of such title (42 U.S.C. 1490r);

(E) subtitle D of title VIII of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12901 et seq.);

(F) title II of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C. 12721 et seq.);

(G) the Housing Trust Fund program under section 1338 of the federal Housing Enterprises Financial Safety and Soundness Act of 1992 (12 U.S.C. 4588); or

(H) subtitle C of title IV of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11381 et seq.).

(2) OWNER.—The term “owner” has the meaning given such term in section 8(f) of the United States Housing Act of 1937 (42 U.S.C. 1437f(f)).

(3) PUBLIC HOUSING; PUBLIC HOUSING AGENCY.—The terms “public housing” and “public housing agency” have the meanings given such terms in section 3(b) of the United States Housing Act of 1937 (42 U.S.C. 1437a(b)).

(4) RESIDENTIAL MORTGAGE LOAN.—The term “residential mortgage loan” includes any loan which is secured by a first or subordinate lien on residential real property (including individual units of condominiums and cooperatives) designed principally for the occupancy of from 1- to 4- families.

(f) Regulations.—The Secretary of Housing and Urban Development, the Secretary of Agriculture, and the Director of the Consumer Financial Protection Bureau may issue such regulations as may be necessary to carry out this section.

Part 6 - Availability of HAVA Requirements Payments.

SEC. 1061. - Availability of requirements payments under HAVA to cover costs of compliance with new requirements.

(a) In General.—Section 251(b) of the Help America Vote Act of 2002 (52 U.S.C. 21001(b)) is amended—

(1) in paragraph (1), by striking “as provided in paragraphs (2) and (3)” and inserting “as otherwise provided in this subsection”; and

(2) by adding at the end the following new paragraph:

"(4) CERTAIN VOTER REGISTRATION ACTIVITIES.—A State may use a requirements payment to carry out any of the requirements of the Voter Registration Modernization Act of 2021, including the requirements of the National Voter Registration Act of 1993 which are imposed pursuant to the amendments made to such Act by the Voter Registration Modernization Act of 2021.”.

(b) Conforming Amendment.—Section 254(a)(1) of such Act (52 U.S.C. 21004(a)(1)) is amended by striking “section 251(a)(2)” and inserting “section 251(b)(2)”.

(c) Effective Date.—The amendments made by this section shall apply with respect to fiscal year 2022 and each succeeding fiscal year.

Part 7 - Prohibiting Interference With Voter Registration.

SEC. 1071. - Prohibiting hindering, interfering with, or preventing voter registration.

(a) In General.—Chapter 29 of title 18, United States Code is amended by adding at the end the following new section:

Ҥ 612. Hindering, interfering with, or preventing registering to vote

“(a) Prohibition.—It shall be unlawful for any person, whether acting under color of law or otherwise, to corruptly hinder, interfere with, or prevent another person from registering to vote or to corruptly hinder, interfere with, or prevent another person from aiding another person in registering to vote.

“(b) Attempt.—Any person who attempts to commit any offense described in subsection (a) shall be subject to the same penalties as those prescribed for the offense that the person attempted to commit.

“(c) Penalty.—Any person who violates subsection (a) shall be fined under this title, imprisoned not more than 5 years, or both.”.

(b) Clerical Amendment.—The table of sections for chapter 29 of title 18, United States Code is amended by adding at the end the following new item:

“612. Hindering, interfering with, or preventing registering to vote.”.

(c) Effective Date.—The amendments made by this section shall apply with respect to elections held on or after the date of the enactment of this Act, except that no person may be found to have violated section 612 of title 18, United States Code (as added by subsection (a)), on the basis of any act occurring prior to the date of the enactment of this Act.

SEC. 1072. - Establishment of best practices.

(a) Best Practices.—Not later than 180 days after the date of the enactment of this Act, the Election Assistance Commission shall develop and publish recommendations for best practices for States to use to deter and prevent violations of section 612 of title 18, United States Code (as added by section 1071), and section 12 of the National Voter Registration Act of 1993 (52 U.S.C. 20511) (relating to the unlawful interference with registering to vote, or voting, or attempting to register to vote or vote), including practices to provide for the posting of relevant information at polling places and voter registration agencies under such Act, the training of poll workers and election officials, and relevant educational materials. For purposes of this subsection, the term “State” includes the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands.

(b) Inclusion In Voter Information Requirements.—Section 302(b)(2) of the Help America Vote Act of 2002 (52 U.S.C. 21082(b)(2)) is amended—

(1) by striking “and” at the end of subparagraph (E);

(2) by striking the period at the end of subparagraph (F) and inserting “; and”; and

(3) by adding at the end the following new subparagraph:

“(G) information relating to the prohibitions of section 612 of title 18, United States Code, and section 12 of the National Voter Registration Act of 1993 (52 U.S.C. 20511) (relating to the unlawful interference with registering to vote, or voting, or attempting to register to vote or vote), including information on how individuals may report allegations of violations of such prohibitions.”.

Part 8 - Voter Registration Efficiency Act.

SEC. 1081. - Short title.

This part may be cited as the “Voter Registration Efficiency Act”.

SEC. 1082. - Requiring applicants for motor vehicle driver's licenses in new state to indicate whether state serves as residence for voter registration purposes.

(a) Requirements For Applicants For Licenses.—Section 5(d) of the National Voter Registration Act of 1993 (52 U.S.C. 20504(d)) is amended—

(1) by striking “Any change” and inserting “(1) Any change”; and

(2) by adding at the end the following new paragraph:

“(2) (A) A State motor vehicle authority shall require each individual applying for a motor vehicle driver’s license in the State—

“(i) to indicate whether the individual resides in another State or resided in another State prior to applying for the license, and, if so, to identify the State involved; and

“(ii) to indicate whether the individual intends for the State to serve as the individual’s residence for purposes of registering to vote in elections for Federal office.

“(B) If pursuant to subparagraph (A)(ii) an individual indicates to the State motor vehicle authority that the individual intends for the State to serve as the individual’s residence for purposes of registering to vote in elections for Federal office, the authority shall notify the motor vehicle authority of the State identified by the individual pursuant to subparagraph (A)(i), who shall notify the chief State election official of such State that the individual no longer intends for that State to serve as the individual’s residence for purposes of registering to vote in elections for Federal office.”.

(b) Effective Date.—The amendments made by subsection (a) shall take effect with respect to elections occurring in 2021 or any succeeding year.

Part 9 - Providing Voter Registration Information to Secondary School Students.

SEC. 1091. - Pilot program for providing voter registration information to secondary school students prior to graduation.

(a) Pilot Program.—The Election Assistance Commission (hereafter in this part referred to as the “Commission”) shall carry out a pilot program under which the Commission shall provide funds during the 1-year period beginning after the date of the enactment of this part to eligible local educational agencies for initiatives to provide information on registering to vote in elections for public office to secondary school students in the 12th grade.

(b) Eligibility.—A local educational agency is eligible to receive funds under the pilot program under this part if the agency submits to the Commission, at such time and in such form as the Commission may require, an application containing—

(1) a description of the initiatives the agency intends to carry out with the funds;

(2) a description of how the agency will prioritize access to such initiatives for schools that serve—

(A) the highest numbers or percentages of students counted under section 1124(c) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6333(c)); and

(B) the highest percentages of students who are eligible for a free or reduced price lunch under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.) (which, in the case of a high school, may be calculated using comparable data from the schools that feed into the high school), as compared to other public schools in the jurisdiction of the agency;

(3) an estimate of the costs associated with such initiatives; and

(4) such other information and assurances as the Commission may require.

(c) Priority For Schools Receiving Title I Funds.—In selecting among eligible local educational agencies for receiving funds under the pilot program under this part, the Commission shall give priority to local educational agencies that receive funds under part A of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.).

(d) Consultation With Election Officials.—A local educational agency receiving funds under the pilot program shall consult with the State and local election officials who are responsible for administering elections for public office in the area served by the agency in developing the initiatives the agency will carry out with the funds.

(e) Definitions.—In this part, the terms “local educational agency” and “secondary school” have the meanings given such terms in section 8101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801).

SEC. 1092. - Reports.

(a) Reports By Recipients Of Funds.—Not later than the expiration of the 90-day period which begins on the date of the receipt of the funds, each local educational agency receiving funds under the pilot program under this part shall submit a report to the Commission describing the initiatives carried out with the funds and analyzing their effectiveness.

(b) Report By Commission.—Not later than the expiration of the 60-day period which begins on the date the Commission receives the final report submitted by a local educational agency under subsection (a), the Commission shall submit a report to Congress on the pilot program under this part.

SEC. 1093. - Authorization of appropriations.

There are authorized to be appropriated such sums as may be necessary to carry out this part.

Part 10 - Voter Registration of Minors.

SEC. 1094. - Acceptance of voter registration applications from individuals under 18 years of age.

(a) Acceptance Of Applications.—Section 8 of the National Voter Registration Act of 1993 (52 U.S.C. 20507), as amended by section 1004, is amended—

(1) by redesignating subsection (k) as subsection (l); and

(2) by inserting after subsection (j) the following new subsection:

“(k) Acceptance Of Applications From Individuals Under 18 Years Of Age.—

“(1) IN GENERAL.—A State may not refuse to accept or process an individual’s application to register to vote in elections for Federal office on the grounds that the individual is under 18 years of age at the time the individual submits the application, so long as the individual is at least 16 years of age at such time.

“(2) NO EFFECT ON STATE VOTING AGE REQUIREMENTS.—Nothing in paragraph (1) may be construed to require a State to permit an individual who is under 18 years of age at the time of an election for Federal office to vote in the election.”.

(b) Effective Date.—The amendment made by subsection (a) shall apply with respect to elections occurring on or after January 1, 2022.