[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2232 Introduced in House (IH)]
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117th CONGRESS
1st Session
H. R. 2232
To amend title IV of the Higher Education Act of 1965 to require
institutions of higher education that participate in programs under
such title to distribute voter registration forms to students enrolled
at the institution, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 26, 2021
Mr. Krishnamoorthi introduced the following bill; which was referred to
the Committee on Education and Labor, and in addition to the Committee
on House Administration, for a period to be subsequently determined by
the Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To amend title IV of the Higher Education Act of 1965 to require
institutions of higher education that participate in programs under
such title to distribute voter registration forms to students enrolled
at the institution, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Help Students Vote Act''.
SEC. 2. SENSE OF CONGRESS.
It is the sense of Congress that political participation and civic
engagement are fundamental to the health of American democracy, and
that all citizens should be encouraged to vote, regardless of party
affiliation.
SEC. 3. DISTRIBUTING VOTER REGISTRATION INFORMATION.
Section 487(a)(23) of the Higher Education Act of 1965 (20 U.S.C.
1094(a)(23)) is amended to read as follows:
``(23)(A) The institution will make every reasonable effort
to--
``(i) distribute voter registration applications
for elections for Federal office prescribed pursuant to
section 9 of the National Voter Registration Act of
1993 (52 U.S.C. 20508), which may include sharing a
direct, guided link to such application, to each
student enrolled at the institution;
``(ii) provide clear guidance that each student
enrolled at the institution should--
``(I) register in the State in which the
student is eligible to vote in the next
election if registration is required, which may
include the ability of out of State students to
vote in the State in which they are enrolled
and physically in attendance, in accordance
with applicable State law; and
``(II) update the student's existing voter
registration if the student's address has
changed recently or since the last election in
which the student was eligible to vote;
``(iii) periodically share credible, nonpartisan
resources to help students determine where and how they
are eligible to vote, which may include resources from
State and local election officials on voter
registration and voting requirements, including voter
registration deadlines, residency requirements, voter
identification requirements, and absentee voting
options, as applicable; and
``(iv) in distributing voting materials (as defined
in section 203(b)(3) of the Voting Rights Act of 1965
(52 U.S.C. 10503(b)(3)) that are produced by a covered
State or political subdivision (as defined in such
section), ensure to the greatest extent practicable
that--
``(I) such voting materials are provided in
accordance with section 203 of such Act (52
U.S.C. 10503); and
``(II) all materials and information made
available electronically under this paragraph--
``(aa) are accessible to
individuals with disabilities; and
``(bb) conform to the accessibility
standards under section 508 of the
Rehabilitation Act of 1973 (29 U.S.C.
794d).
``(B) The institution shall be considered in compliance
with the requirements of subparagraph (A)--
``(i) if, with respect to each student enrolled who
is not exclusively enrolled in distance education at
the institution, the institution--
``(I)(aa) distributes voter registration
applications to such students not less than
twice in a calendar year, and distributes such
voter registration applications not less than
30 days in advance of the deadline for
registering to vote within the State for the
next scheduled Federal or State primary
election and not less than 30 days in advance
of the deadline for registering to vote within
the State for the next scheduled Federal or
State general or special election; or
``(bb) electronically transmits a message
to such students containing a voter
registration application (or the message
contains an Internet address where such a voter
registration application can be accessed or
downloaded) acceptable for use in the State in
which the institution is located to each such
student, and such electronic message is devoted
exclusively to voter registration, not less
than twice in a calendar year, and transmits
such a message not less than 30 days in advance
of the deadline for registering to vote within
the State for the next scheduled Federal or
State primary election and not less than 30
days in advance of the deadline for registering
to vote within the State for the next scheduled
Federal or State general or special election;
``(II) during a period that the institution
requires or encourages students to remain off-campus
due to a national, State, or local public health or
other emergency, additionally--
``(aa) requests that the State in which the
institution is located provide the institution
with absentee ballot applications, as
applicable, or share the official State website
or online portal through which eligible voters
can directly request an absentee ballot;
``(bb) distributes to each such student an
absentee ballot application, requested from the
State under item (aa) and received in
accordance with section 303(d) of the Help
America Vote Act of 2002 (52 U.S.C. 21083(d))
or the official State website or online portal
through which eligible voters can directly
request an absentee ballot, with instructions
that the form, website, or online portal should
be used only by students eligible to vote in
the State;
``(cc) notifies students of applicable
deadlines for requesting and submitting an
absentee ballot, as well as additional options
for early and in-person voting, and voting on
Election Day, as applicable; and
``(dd) shares credible, nonpartisan
resources to help students who are registered
in another State to apply for absentee ballots
in such State, which may include resources from
State and local election officials; and
``(III) ensures that an appropriate staff person or
office has been designated as a `Campus Vote
Coordinator' to ensure compliance in accordance with
this clause at the institution and who shall--
``(aa) be publicly designated as the
`Campus Vote Coordinator', along with the
Coordinator's contact information, on the
institution's website; and
``(bb) upon request, provide to students
residency requirements for voting, including
the ability of out of State students to vote in
the State in which they are enrolled and
physically in attendance, in accordance with
applicable State law; and
``(ii) if, with respect to each student enrolled
exclusively in distance education or correspondence programs,
the institution--
``(I) transmits a message devoted exclusively to
voter registration referring such students to a
centralized voter registration website or platform that
provides applicable voter registration application and
voting information for all States, provided that such
platform is hosted by a government affiliated website;
``(II) transmits such message not less than twice
in a calendar year; and
``(III) maintains information on the institution's
website containing credible, nonpartisan resources to
help students determine where and how they are eligible
to vote, or a link to such resources.
``(C) The institution may also include voter registration
applications within materials or information distributed to newly
enrolled, or returning, students at the beginning of a term, consistent
with the requirements of subparagraph (B).
``(D) In this paragraph--
``(i) the term `absentee ballot' means any ballot cast by
any means other than in person and for which the State requires
an application;
``(ii) the term `distance education' has the meaning given
the term in section 103, except such term shall not include
distance education that is provided due to a decision of an
institution to require or encourage students of the institution
to remain off-campus due to a national, State, or local public
health or other emergency;
``(iii) the term `Federal office' has the meaning given the
term in section 301(3) of the Federal Election Campaign Act of
1971 (52 U.S.C. 30101(3)); and
``(iv) the term `voter registration application' has the
meaning of the term `mail voter registration form' as described
in section 9(b) of the National Voter Registration Act of 1993
(52 U.S.C. 20508(b)).''.
SEC. 4. GRANTS AUTHORIZED.
The Secretary of Education shall award grants to institutions of
higher education that greatly exceed the minimum requirements under
section 487(a)(23) of the Higher Education Act of 1965 (20 U.S.C.
1094(a)(23)), including as demonstrated by--
(1) sponsoring large on-campus voter mobilization efforts;
(2) engaging the surrounding community in nonpartisan voter
registration and get out the vote efforts;
(3) creating a website with centralized information about
voter registration and election dates;
(4) inviting candidates to speak on campus; and
(5) offering rides to the polls to increase voter
education, registration, and mobilization.
SEC. 5. ENFORCEMENT ACTIONS.
(a) Corrective Action.--
(1) In general.--The Secretary of Education shall submit a
written warning to an institution of higher education that
violates a requirement of section 487(a)(23) of the Higher
Education Act of 1965 (20 U.S.C. 1094(a)(23)) that includes a
direction to correct the violation not later than 60 days after
the date the warning was received.
(2) Actions authorized.--If an institution of higher
education does not correct a violation in accordance with a
direction from the Secretary of Education as described in
paragraph (1), the Attorney General of the United States may
authorize the appropriate State law enforcement officer or the
chief elections official of a State to commence a civil action
in accordance with subsection (b).
(b) Civil Actions.--
(1) In general.--A State law enforcement officer or chief
elections official of a State may commence a civil action in
accordance with subsection (a) in the appropriate district
court of the United States against the institution that engages
in a pattern or practice of violating section 487(a)(23) of the
Higher Education Act of 1965 (20 U.S.C. 1094(a)(23)).
(2) Relief.--In a civil action commenced under paragraph
(1), the court may--
(A) grant any appropriate equitable or declaratory
relief with respect to the violation of section
487(a)(23) of the Higher Education Act of 1965 (20
U.S.C. 1094(a)(23));
(B) award all other appropriate relief to any
person or group aggrieved by the violation;
(C) to vindicate the public interest, assess a
civil penalty in an amount not exceeding the amount
listed in section 487(c)(3)(B) of the Higher Education
Act of 1965 (20 U.S.C. 1094(c)(3)(B)) for any
violation; and
(D) take into account the number of days in which
the infraction occurred.
(3) Intervention.--Upon timely application, a person
aggrieved by a violation of section 487(a)(23) of the Higher
Education Act of 1965 (20 U.S.C. 1094(a)(23)) with respect to
which a civil action is commenced under this subsection may
intervene in such action, and may obtain such appropriate
relief as the person could obtain in a civil action under
subsection (c) with respect to such violation, along with costs
and reasonable attorneys fees.
(c) Private Right of Action.--
(1) In general.--Any person or group aggrieved by a
violation of section 487(a)(23) of the Higher Education Act of
1965 (20 U.S.C. 1094(a)(23)) may commence a civil action in any
appropriate district court of the United States against the
institution that engages in such violation.
(2) Relief.--In a civil action commenced under paragraph
(1), the court may--
(A) grant any appropriate equitable or declaratory
relief with respect to the violation of section
487(a)(23) of the Higher Education Act of 1965 (20
U.S.C. 1094(a)(23));
(B) award any other appropriate relief to the
person or group aggrieved by the violation, including
the costs of the action, such as reasonable attorneys
fees;
(C) to vindicate the public interest, assess a
civil penalty in an amount not exceeding the amount
listed in section 487(c)(3)(B) of the Higher Education
Act of 1965 (20 U.S.C. 1094(c)(3)(B)) for any
violation; and
(D) take into account the number of days in which
the infraction occurred.
(3) Reporting.--Not later than 60 days before the date a
person or group aggrieved by a violation of section 487(a)(23)
of the Higher Education Act of 1965 (20 U.S.C. 1094(a)(23))
commences a civil action under paragraph (1), the person or
group shall report the violation to the Department of
Education, a Federal or State law enforcement agency, and the
institution purported to have committed the violation via an
affidavit detailing the alleged violation.
(4) Preservation of remedies.--Nothing in this section
shall be construed to preclude or limit any remedy otherwise
available under other law, including consequential and punitive
damages.
SEC. 6. CONFORMING AMENDMENTS TO HELP AMERICA VOTE ACT.
Section 303 of the Help America Vote Act of 2002 (52 U.S.C. 21083)
is amended--
(1) in the section heading, by inserting ``; provision of
forms to institutions of higher education'' after ``by mail'';
(2) by redesignating subsection (d) as subsection (e);
(3) by inserting after subsection (c) the following new
subsection:
``(d) Provision of Absentee Ballot Application Forms to
Institutions of Higher Education.--Each State shall provide the voter
registration and absentee ballot application forms or access to
electronic versions of such forms to each institution of higher
education for the purposes described in section 487(a)(23) of the
Higher Education Act of 1965 (20 U.S.C. 1094(a)(23)).''; and
(4) in subsection (e), as redesignated by paragraph (2), by
adding at the end the following new paragraph:
``(3) Requirement to provide voter registration and
absentee ballot application forms to institutions of higher
education.--Each State and jurisdiction shall be required to
comply with the requirements of subsection (d) no later than 30
days after the date of enactment of the Help Students Vote
Act.''.
SEC. 7. GRANTS FOR FEDERAL WORK-STUDY PROGRAMS.
Section 443(b)(2) of the Higher Education Act of 1965 (20 U.S.C.
1087-53(b)(2)) is amended to read as follows:
``(2) provide that funds granted an institution of higher
education, pursuant to this section, may be used only to make
payments to students participating in work-study programs,
except that--
``(A) for fiscal year 2022 and succeeding fiscal
years, an institution shall use at least 25 percent of
the total amount of funds granted to such institution
under this section for such fiscal year to compensate
students employed in community service and civic
engagement activities, such as voter registration, non-
partisan voter engagement, and voter participation
work, and shall ensure that not less than 1 tutoring or
family literacy project (as described in subsection
(d)) is included in meeting the requirement of this
subparagraph, except that the Secretary may waive this
subparagraph if the Secretary determines that enforcing
this subparagraph would cause hardship for students at
the institution; and
``(B) an institution may use a portion of the sums
granted to it to meet administrative expenses in
accordance with section 489 of this Act, may use a
portion of the sums granted to it to meet the cost of a
job location and development program in accordance with
section 446 of this part, and may transfer funds in
accordance with the provisions of section 488 of this
Act;''.
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