109th Congress Legislation: Voter Registration

Bill No
Bill No. Short Title Sponsors Date Introduced Related Bills Description
S. 17 Voting Opportunity and Technology Enhancement Rights Act of 2005 Dodd January 24, 2005   National Federal Write-In Absentee Ballot:  This bill would permit the use of a federal write-in absentee ballot by anyone who is eligible to vote in federal elections. The voter may designate a candidate by writing in the candidate’s name or write in the name of a political party (in which case, the ballot will be counted for the candidate of the political party). Abbreviations, misspellings, or other minor variations in candidate or political party names will not make a ballot invalid.

Voting Systems:  This bill would require voting machines to allow voters to verify their ballot selections via a paper record, an audio record, a pictoral record, or an electronic record.

Provisional Ballots:  This bill requires states to count eligible provisional ballots, even if they were cast at the wrong poll site.

Election Resource Allocation:  The bill would require each state to provide for a minimum number of voting systems, poll workers and other resources at each polling place, pursuant to a formula developed by the EAC.

Election Day Registration:  This bill would require states to allow an individual to register to vote on Election Day and cast a vote in that election.

Purges:  This bill would require states to provide public notice at least 45 days before a federal election of names removed from each state’s voter registration list. The State must send notices to each individual voter whose name has been removed from the State voter registration list.

Early Voting:  The bill would require each state to provide for early voting no less than 15 days before any federal election.

Election Day Holiday:  This bill would require the EAC to study the feasibility of making Election Day a federal holiday.

Processing Voter Registration Applications:  This bill would allow voter registration applicants to submit affidavits attesting to citizenship and age in lieu of checking the age and citizenship boxes on the voter registration form. Additionally, this bill would require states to establish a way for individuals to access and submit voter registration forms online.

Voter ID:  This bill would add as acceptable proof of identify for in-person voting and voting by mail an executed, written affidavit attesting to one’s identity.

Impartial Election Administration:  This bill would require states to notify the public of changes in state federal election administration law at least 15 days before an election. Additionally, states would be required to allow uniform and nondiscriminatory access to poll sites to election observers, including party challengers, voting rights and civil rights organizations, and nonpartisan domestic and international observers.

S. 414 Voter Protection Act of 2005 McConnell February 17, 2005   Voter Registration:  This bill would amend the meaning of “in person” registration to refer only to an individual registering to vote before an officer or employee of a State or local government entity and prohibit states from accepting voter registration forms submitted (1) by a person other than the person whose name appears on the form; and (2) more than 3 days after the registrant signed it.  The bill prohibits states from processing a voter registration form if the individual does not check the citizenship and age boxes on the voter registration form, even if the individual affirms his eligibility elsewhere on the form.

Purges:  This bill would amend the National Voter Registration Act (NVRA) to make it easier for states to purge the voting rolls of voters who have not voted in two consecutive general elections.

Absentee Ballots:  This bill would prohibit states from accepting absentee ballots that arrive after the close of business on Election Day unless they are voted pursuant to the Uniform and Overseas Citizens Absentee Voting Act. It would also prohibit states from accepting an application for absentee ballots unless it includes the driver’s license number, or if the voter does not have a driver’s license number, a copy of government-issued photo ID, the last 4 digits of the voter’s Social Security number, or the unique voter ID number.

Voter ID:  This bill would require all voters to provide government-issued photo ID when registering to vote by mail and for voting. The EAC is authorized to make grants to state to promote the issuance of free photo IDs to voters, but it does not make the free issuance of IDs mandatory. Additionally, this bill would amend the Social Security Act to require states to use individuals’ social security numbers to establish their identities for voter registration and other election administration activities.

Provisional Ballots:  This bill would prohibit states from counting provisional ballots if voters cast them at the wrong poll site.

S. 450 Count Every Vote Act of 2005 Clinton February 17, 2005 H.R. 939 This is an omnibus election reform bill that seeks to address a number of election administration problems that arose in the 2004 federal elections.  Among other things, it provides for the following reforms:

Voting Systems:  The bill contains a number of provisions to increase the security of voting systems.  Its requirements are similar to those in H.R. 550, described below.

Provisional Ballots:  The bill would require states to count provisional ballots cast in the wrong polling place or cast by voters without ID.  It would also require provisional ballots to be counted in time for recounts and contest proceedings.

Allocation of Election Resources:  The bill would require each state to provide for a minimum number of voting systems, poll workers and other resources at each polling place, pursuant to a formula developed by the EAC, with the goal of ensuring equal waiting times of no longer than one hour.

Election Day Registration:  The bill would require each state to permit individuals to register and vote at their polling places on Election Day.

No Excuse Absentee Balloting:  The bill would require each state to allow citizens to vote by absentee ballot without showing a reason.

Early Voting:  The bill would require each state to provide for early voting no less than 15 days before any federal election.

Impartial Election Administration:  The bill would prohibit chief election officials and top officers at voting system manufacturers from participating in any political activities in federal campaigns.  It would also require states to publish all their laws and procedures for administering federal elections at the beginning of each election year.

Poll Worker Training:  This bill would establish minimum requirement of training for poll workers on a number of topics.

Purges:  The bill would require states to make the processes by which they purge their voter rolls more transparent and to provide notice to voters before purging their names from the rolls.

Processing Voter Registration Applications:  The bill would require states to accept and process voter registration applications regardless of technical mistakes or omissions, so long as there is no material omission or information to suggest that a registrant is ineligible to vote.

Voter ID:  The bill would allow first-time voters who registered by mail to vote regardless of whether they show ID so long as they execute an affidavit of eligibility.  It also would provide funds for states to distribute free photo IDs to those who do not have them.

Deceptive Practices:  This bill’s deceptive practices provisions are similar to those in Senator Obama’s bill, discussed below.

Past Criminal Convictions:  The bill would guarantee the right to vote of all citizens with past criminal convictions unless they are incarcerated, on probation, or on parole.

Election Day Holiday:  The bill would make Election Day a federal holiday.

H.R. 533 Voting Opportunity and Technology Enhancement Rights Act of 2005 Conyers February 2, 2005   The provisions of this election reform bill are very similar to those in S. 17 and would address many election administration problems in the same way.  The provisions that differ from those in S. 17 include:

Deceptive Practices:  This bill would prohibit unfair or deceptive practices that affect voting. It also requires the establishment of detailed procedures to document allegations of voting irregularities and responses to allegations.

Voting Systems:  Like S. 17, this bill would require the preservation of voter-verifiable paper records where “none of the means of verification […] may employ cryptography in the record” for audits. Additionally, the EAC would be required to develop standards for voting machine software and for conducting recounts.

Early Voting:  This bill would require states to permit same-day voter registration at poll sites that conduct early voting.

Impartial Election Administration:  This bill would prohibit party challengers and campaigners from interfering with election administration at poll sites. It would require the EAC to study the feasibility of nonpartisan election administration in the states and to develop standards to check for conflicts of interest.

Poll Worker Training:  This bill would require states to train election officials and poll workers.

H.R. 939 Count Every Vote Act of 2005 Jones February 17, 2005 S. 450 This omnibus election reform bill seeks to address a number of election administration problems that arose in the 2004 federal elections.  The provisions of this bill are similar to those in S. 450.
H.R. 2250 Valuing Our Trust in Elections Act Green May 11, 2005 H.R. 5776 Election Misconduct:  This bill would require the Attorney General to investigate allegations of election misconduct within 30 days of receipt of a complaint.

Voter Registration:  This bill would require anyone who distributes more than 10 voter registration forms to provide their contact information and organizational information to voter registration applicants they assist and attest that applicants presented current, valid, government-issued photo ID with their current address. It prohibits anyone with a felony conviction from registering voters.

Absentee Ballots:  This bill would prohibit anyone other than the voter or any person authorized to handle material delivered to the individuals (such as a caregiver or guardian) from handling an absentee ballot.

Voter ID:  This provision requires the presentation of current, valid, government-issued photo ID in order to register to vote or to vote. The EAC can provide states with grants to subsidize the cost of issuing photo ID, with limitations.

Poll Worker Training:  This bill would require individuals to complete state training in order to serve as a poll worker on Election Day. The EAC can provide states with grants to implement training programs.

H.R. 3094 Secure America’s Vote Act of 2005 Hoyer June 28, 2005   Processing Voter Registration Applications:  This bill would require the EAC to revise the mail-in voter registration form to emphasize the citizenship requirement. It also prohibits states from rejecting voter registration applications due to errors that the state can correct with reasonable effort.

Purges:  This bill would require the National Institute of Standards and Technology to establish accuracy standards for states to meet to purge names from the voter rolls for reasons of felony status or death. States must post public notices listing purged names, the reasons for purging, and information about appealing a removal.

Provisional Ballots:  This bill would require states to count provisional ballots cast by eligible voters at the wrong poll site.

Voting Systems:  This bill would ban wireless, power-line, and concealed communication devices in voting systems and require that all technological information such as voting system software’s source code is available for inspection.

Impartial Election Administration:  This bill would require states to publish and update information about state election law on the internet. Additionally, states would be required to post a list of the names of all the registered voters within a jurisdiction as well as their poll site assignments at polling places.

Deceptive Practices:  This bill would prohibit anyone from providing false information regarding an individual’s eligibility to vote.

H.R. 3910 Verifying the Outcome of Tomorrow’s Elections Act of 2005 Feeney September 27, 2005   Voter ID:  This bill would require voters to present current, valid, state-issued photo ID for voting. Acceptable ID must have: (1) the person’s full legal name; (2) the person’s date of birth; (3) the person’s gender; (4) the person’s number for the form of ID; (5) digital photograph of the person; (6) the person’s address of principle residence; and (7) the person’s signature.

In order to obtain the photo ID described above, a person must present: (1) a photo ID or non-photo ID that shows the person’s full legal name and date of birth; (2) documentation showing the person’s date of birth; (3) a Social Security number or verification that the person is not eligible for an SSN; and (4) documentation of name and principal residential address. No foreign documents other than an official passport can satisfy these requirements.

Voting Systems:  This bill would require regular testing of voting systems, as well as the production of a voter-verifiable paper record.

Limitation on Who Can Become Poll Workers:  This bill would prohibit people with certain criminal convictions from being poll workers.

Voter Registration Drives:  This bill would prohibit per form payment to anyone who distributes or collects voter registration forms.

H.R. 4225 Victims of Violence Confidentiality Act of 2005 DeLauro November 3, 2005   This bill would require states to keep the addresses of victims of domestic violence confidential on statewide voter registration lists.  In order to obtain this protection, voters must provide official documentation or sign an affidavit.
H.R. 4989 Electoral Fairness Act of 2006 Holt March 16, 2006   Provisional Ballots:  This bill would require a provisional ballot cast by an eligible individual at the wrong poll site to count as a vote in an election without the provision of additional ID on or after an election. States would be required to establish procedures for an individual to challenge a determination that a provisional ballot would not count in an election.

Allocation of Election Resources:  This bill would require states to establish standards and procedures to ensure adequate and equitable allocation of election resources so that a voter would not wait more than one hour to vote.

Election Administration:  This bill would require states to post voter lists online and in each polling place that indicate voters’ poll site assignments.

Poll Worker Training:  This bill would require states to establish and operate training and compensation standards for poll workers.

Early Voting: This bill would permit states to conduct early voting in polling places.

Voter ID:  This bill would require states to issue durable voter registration cards that include the voter’s name and address at no charge to voters that will serve as proof of registration at poll sites even if the individual’s name does not appear in the poll books. The EAC may provide grants to eligible states to cover the costs of providing the voter IDs.

Purges:  This bill would amend NVRA to require states to notify registrants if their names may be purged from the voter rolls for reasons other than death or change of address. States must notify registrants by “forwardable mail” at least 30 days before an election describing the reason for removal from the voter rolls and an opportunity to challenge the intended purge.

Processing Voter Registration Applications:  This bill would require states to “act under the presumption that applicants should be registered.” It would require states to accept voter registration applications so long as they contain all of the information required on the national mail-in voter registration form or other State-developed voter registration form.

H.R. 5776 Voter Bounty Registration Act of 2006 Pearce July 12, 2006   This bill would establish standards for the distribution of voter registration forms. It would prohibit people who are not registered in the State or have a felony conviction in any State from distributing voter registration forms.  Additionally, it would require individuals who assist others to register to vote to sign and print their names and provide contact information for themselves and any organization they are working for on the voter registration forms prior to submitting those forms to election officials.  Failure to comply with these provisions would render both the individuals and the organizations liable.