[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1439 Introduced in House (IH)]
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118th CONGRESS
1st Session
H. R. 1439
To amend the Help America Vote Act of 2002 to allow all eligible voters
to vote by mail in Federal elections, to amend the National Voter
Registration Act of 1993 to provide for automatic voter registration,
and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
March 8, 2023
Mr. Blumenauer (for himself, Ms. Williams of Georgia, Ms. Norton, Ms.
Schakowsky, Mr. Moulton, Ms. Bonamici, Ms. Castor of Florida, Mr.
Mullin, Mr. Pocan, Mr. Case, Mr. Schiff, Mr. Carter of Louisiana, Mr.
Takano, and Mrs. Watson Coleman) introduced the following bill; which
was referred to the Committee on House Administration, and in addition
to the Committee on Oversight and Accountability, 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 the Help America Vote Act of 2002 to allow all eligible voters
to vote by mail in Federal elections, to amend the National Voter
Registration Act of 1993 to provide for automatic voter registration,
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 ``Vote at Home Act of 2023''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) An inequity of voting rights exists in the United
States because voters in some States have the universal right
to vote by mail while voters in other States do not.
(2) Many voters often have work, family, or other
commitments that make getting to polls and waiting in line on
the date of an election difficult or impossible. Many citizens
with disabilities are physically unable to vote due to long
lines, inadequate parking, no curb cuts, steep ramps, and large
crowds. In 2012, 30 percent of voters with disabilities had
difficulty voting, and in 2016, nearly two-thirds of the 137
polling places inspected on Election Day had at least one
impediment to people with disabilities. However, with expanded
access to mail-in ballots, people with disabilities made large
gains in 2020 with a historic voter turnout surge.
(3) In 2020, despite a global pandemic, the general
election saw record high turnout as a result of increased vote
by mail options, which allowed voters to cast a ballot and stay
safe at the same time.
(4) 34 States and the District of Columbia currently allow
universal absentee voting (also known as ``no-excuse'' absentee
voting), which permits any voter to request a mail-in ballot
without providing a reason for the request. No State which has
implemented no-excuse absentee voting has repealed it.
(5) 5 States currently hold elections entirely by mail. 8
States proactively send all registered voters a ballot to be
submitted by mail or dropped off at a designated location. At
least 22 States currently allow some elections to be conducted
by mail, especially in large and rural jurisdictions where
voting by mail is especially convenient. Polling stations in
rural jurisdictions tend to have higher costs per voter,
smaller staffs, and limited resources. Transportation is often
a crucial barrier for rural voters.
(6) In 2020, in order to provide greater accessibility and
to protect the public health, 30 States adopted or changed
their laws for the general election to allow voters to cast
their ballots from home. These changes included removing strict
excuse requirements or allowing COVID-19 concerns to be a valid
excuse to vote absentee, allowing ballot drop boxes, offering
prepaid postage on election mail and proactively sending all
active registered voters applications to request an absentee
ballot, with some even skipping that step and sending the
actual ballots.
(7) Voting by mail gives voters more time to consider their
choices, which is especially important as many ballots contain
greater numbers of questions about complex issues than in the
past due to the expanded use of the initiative and referendum
process in many States.
(8) Voting by mail is cost effective. After the State of
Oregon adopted vote by mail for all voters in 1996, the cost to
administer an election in the State dropped by nearly 30
percent over the next few elections, from $3.07 per voter to
$2.21 per voter. After Colorado implemented all-mail balloting
in 2013, voting administration costs decreased by an average of
40 percent. The cost of conducting vote-by-mail elections is
generally one-third to one-half less than conducting polling
place elections. Voting by mail also saves a substantial amount
by getting rid of the temporary labor costs of hiring poll
workers. In addition to that cost, many jurisdictions have been
facing difficulty in obtaining sufficient numbers of poll
workers.
(9) Allowing all voters the option to vote by mail can
reduce waiting times for those voters who choose to vote at the
polls. In 2016, voters in Arizona reported waiting in line from
1 to 5 hours to vote; in New York, voters reported that
stations ran out of ballots and did not have staff during all
of the hours scheduled for voting.
(10) Voting by mail is preferable to many voters as an
alternative to going to the polls. In 2020, 43.2 percent of
ballots in the United States were cast by mail, up from 10
percent in 2000. Voting by mail has become increasingly popular
with voters who want to be certain that they are able to vote
no matter what comes up on Election Day, as it reduces the
physical obstacles and eases the time constraints connected
with the act of voting.
(11) Despite attempts to claim that voting by mail is
susceptible to fraud, it is not. Strategies such as the
tracking systems for ballots and Postal Service cooperation in
preventing ballots from being delivered to names not recognized
as receiving mail at an address nearly eliminate the potential
for fraud in vote by mail elections. Evidence of undue
influence or voter coercion after vote-by-mail implementation
in Oregon has been nonexistent to minimal.
(12) Many of the reasons which voters in many States are
required to provide in order to vote by mail require the
revelation of personal information about health, travel plans,
or religious activities, which violate voters' privacy while
doing nothing to prevent voter fraud.
(13) State laws which require voters to obtain a notary
signature to vote by mail only add cost and inconvenience to
voters without increasing security.
(14) Many voters choose to cast ballots early when they
have the option (over 50 percent in Arizona, Arkansas,
California, Colorado, Florida, Georgia, Hawaii, Montana,
Nevada, New Mexico, North Carolina, Oregon, Tennessee, Texas,
Utah, and Washington). Approximately 70 percent of voters in
the 2020 election cast their ballot before Election Day. In
Oregon, 7 years after vote-by-mail election implementation,
over 80 percent of voters favored the vote-by-mail system.
(15) Vote-by-mail typically increases turnout in all
elections, but can be particularly effective in increasing
voter participation in special elections and primary elections.
Oregon, Washington, and Colorado, 3 of the 5 States with
entirely vote by mail systems, continue to have consistently
high voter turnout rates. In 2020, the Presidential election
turnout was about 7 percentage points higher than in 2016, and
turnout rates increased in every State compared with 2016. In
the 10 States where it rose the most, 7 conducted their vote
entirely or mostly by mail, with 6 of those States having
recently adopted all-mail voting, either permanently (Utah and
Hawaii) or for the 2020 elections only.
(16) A crucial component of a modern voting system is
making it easy, affordable, and accessible to register to vote.
Twenty-two states and the District of Columbia have enacted
automatic voter registration policies, with Oregon and
California becoming the first to automatically register their
citizens to vote when they apply for a driver's license.
Automatic, permanent voter registration has the potential to
increase participation, protect election integrity, and reduce
registration costs.
SEC. 3. PROMOTING ABILITY OF VOTERS TO VOTE BY MAIL IN FEDERAL
ELECTIONS.
(a) Voting by Mail in Federal Elections.--
(1) In general.--Subtitle A of title III of the Help
America Vote Act of 2002 (52 U.S.C. 21081 et seq.) is amended
by inserting after section 303 the following new section:
``SEC. 303A. PROMOTING ABILITY OF VOTERS TO VOTE BY MAIL.
``(a) In General.--If an individual in a State is eligible to cast
a vote in an election for Federal office, the State may not impose any
additional conditions or requirements on the eligibility of the
individual to cast the vote in such election by mail, except to the
extent that the State imposes a deadline for requesting the ballot and
related voting materials from the appropriate State or local election
official and for returning the ballot to the appropriate State or local
election official.
``(b) Provision of Ballot Materials.--Not later than 2 weeks before
the date of any election for Federal office, each State shall mail
ballots to individuals who are registered to vote in such election.
``(c) Accessibility for Individuals With Disabilities.--All ballots
provided under this section shall be accessible to individuals with
disabilities in a manner that provides the same opportunity for access
and participation (including for privacy and independence) as for other
voters.
``(d) Rule of Construction.--Nothing in this section shall be
construed to affect the authority of States to conduct elections for
Federal office through the use of polling places at which individuals
cast ballots.
``(e) Effective Date.--A State shall be required to comply with the
requirements of this section with respect to elections for Federal
office held in years beginning with 2024.''.
(2) Conforming amendment relating to enforcement.--Section
401 of such Act (52 U.S.C. 21111) is amended by striking ``and
303'' and inserting ``303, and 303A''.
(3) Clerical amendment.--The table of contents for such Act
is amended by inserting after the item relating to section 303
the following new item:
``Sec. 303A. Promoting ability of voters to vote by mail.''.
(b) Free Postage for Voting by Mail.--
(1) In general.--Chapter 34 of title 39, United States
Code, is amended by adding at the end the following:
``Sec. 3407. Ballots provided for voting in Federal elections
``Blank ballots mailed pursuant to section 303A(b) of the Help
America Vote Act of 2002 which are mailed by a State or local election
official (individually or in bulk) to a voter, and voted ballots which
are mailed by a voter to an election official, shall be carried
expeditiously and free of postage.''.
(2) Technical and conforming amendments.--
(A) Table of sections.--The table of sections for
chapter 34 of title 39, United States Code, is amended
by adding at the end the following:
``3407. Ballots provided for voting in Federal elections.''.
(B) Authorization of appropriations.--Section
2401(c) of title 39, United States Code, is amended by
striking ``3403 through 3406'' and inserting ``3403
through 3407''.
SEC. 4. AUTOMATIC VOTER REGISTRATION THROUGH STATE MOTOR VEHICLE
AUTHORITIES.
(a) Automatic Voter Registration.--Section 5 of the National Voter
Registration Act of 1993 (52 U.S.C. 20504) is amended to read as
follows:
``SEC. 5. VOTER REGISTRATION THROUGH MOTOR VEHICLE AUTHORITY.
``(a) Simultaneous Application for Voter Registration and
Application for Motor Vehicle Driver's License.--
``(1) Transmission of information to election officials.--
Each State's motor vehicle authority, upon receiving any of the
identifying information described in paragraph (2) with respect
to any applicable individual, shall securely transmit the
identifying information to the appropriate State election
official.
``(2) Identifying information described.--The identifying
information described in this paragraph with respect to any
individual is as follows:
``(A) The individual's legal name.
``(B) The individual's age.
``(C) The individual's residence.
``(D) The individual's citizenship status.
``(E) The individual's electronic signature.
``(b) Duties of Officials Receiving Information.--
``(1) In general.--Upon receiving the identifying
information with respect to an applicable individual under
subsection (a), the appropriate State election official shall
determine--
``(A) whether such individual is eligible to vote
in an election for Federal office; and
``(B) whether such individual is currently
registered to vote in elections for Federal office at
the address provided in such identifying information.
``(2) Notification to individuals.--
``(A) Eligible unregistered individuals.--In the
case of an applicable individual who is eligible to
vote in an election for Federal office and who is not
currently registered to vote, the appropriate State
election official shall issue a notification to the
individual containing--
``(i) a statement that, unless the
individual notifies the election official prior
to the expiration of the 21-calendar day period
which begins on the date the official issued
the notification that the individual declines
to be registered to vote in elections for
Federal office held in the State, the
individual's records and signature will
constitute a completed registration for the
individual; and
``(ii) a description of the process by
which the individual may decline to be
registered to vote in elections for Federal
office in the State.
``(B) Eligible individuals registered at a
different address.--In the case of an applicable
individual who is eligible to vote in an election for
Federal office and who is registered to vote in such
election at a different address than the address
provided in the identifying information, the
appropriate State election official shall issue a
notification to the individual containing--
``(i) a statement that, unless the
individual notifies the election official prior
to the expiration of the 21-calendar day period
which begins on the date the official issued
the notification that the address provided in
the identifying information should not be used
for voter registration purposes, the address
provided in the identifying information shall
be used as the individual's address for voter
registration purposes; and
``(ii) a description of the process by
which the individual may decline a change of
address for voter registration purposes.
``(c) Automatic Registration of Eligible Individuals; Automatic
Change of Address.--
``(1) Registration.--Upon the expiration of the 21-calendar
day period which begins on the date the appropriate State
election official issues a notification to an individual under
subsection (b)(2)(A), the official shall ensure that the
individual is registered to vote in elections for Federal
office held in the State unless--
``(A) the official later determines that the
individual does not meet the eligibility requirements
for registering to vote in such elections; or
``(B) prior to the expiration of such 21-calendar
day period, the individual notifies the official that
the individual declines to be registered to vote in
such elections.
``(2) Change of address.--Upon the expiration of the 21-
calendar day period which begins on the date the appropriate
State election official issues a notification to an individual
under subsection (b)(2)(B), the official shall ensure that the
individual is registered to vote in elections for Federal
office at the address provided in the identifying information
unless--
``(A) the official later determines that the
individual does not meet the eligibility requirements
for registering to vote in such elections; or
``(B) prior to the expiration of such 21-calendar
day period, the individual notifies the official that
the individual declines a change of address for voter
registration purposes.
``(d) Applicable Individual.--For purposes of this section, the
term `applicable individual' means any individual who seeks assistance
from, receives benefits from, or receives service or assistance from a
State motor vehicle authority that issues motor vehicle driver's
licenses.''.
(b) Conforming Amendment Relating to Timing of Registration Prior
to Elections.--Section 8(a)(1)(A) of such Act (52 U.S.C.
20507(a)(1)(A)) is amended to read as follows:
``(A) in the case of registration through a motor
vehicle authority under section 5, if the identifying
information with respect to the individual is
transmitted by the authority to the appropriate State
election official under section 5(a)(1) not later than
the lesser of 30 days, or the period provided by State
law, before the date of the election;''.
(c) Other Conforming Amendment.--Section 4(a)(1) of such Act (52
U.S.C. 20503(a)(1)) is amended to read as follows:
``(1) through the State motor vehicle authority pursuant to
section 5;''.
(d) Effective Date.--The amendments made by this section shall take
effect upon the expiration of the 180-day period which begins on the
date of the enactment of this Act.
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