[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5293 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 5293
To expand youth access to voting, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
August 25, 2023
Ms. Williams of Georgia (for herself, Mr. Torres of New York, Mr.
Thompson of Mississippi, Mr. Moulton, Ms. Porter, Mr. Vargas, Mr.
Evans, Mr. Schiff, Ms. Lee of California, Mr. Espaillat, Ms. Jacobs,
Mr. Carter of Louisiana, Ms. Clarke of New York, Ms. Scanlon, Ms.
Barragan, Ms. Pressley, Ms. Kamlager-Dove, Mr. Mullin, Ms. Brown, Mrs.
Watson Coleman, Mr. Doggett, Ms. Sewell, Ms. Crockett, Ms. Jackson Lee,
Ms. Norton, Ms. McClellan, Ms. Jayapal, Mr. Grijalva, Ms. Sanchez, Ms.
Schakowsky, Mr. Sarbanes, Mr. Nickel, Mr. Jackson of Illinois, Ms.
Titus, Ms. Kelly of Illinois, Mr. Green of Texas, Ms. Tlaib, Mr.
Johnson of Georgia, Mr. Bowman, Ms. Wasserman Schultz, Mr. Payne, Mr.
Krishnamoorthi, Mr. Davis of Illinois, Mr. Blumenauer, Mrs. Cherfilus-
McCormick, Mr. Raskin, and Mrs. Napolitano) introduced the following
bill; which was referred to the Committee on House Administration, and
in addition to the Committee on the Judiciary, 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 expand youth access to voting, 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; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Youth Voting
Rights Act''.
(b) Table of Contents.--The table of contents of this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Sense of Congress.
Sec. 3. Findings.
Sec. 4. Enforcement of the 26th Amendment.
Sec. 5. Treatment of public institutions of higher education as voter
registration agencies under National Voter
Registration Act of 1993.
Sec. 6. Pre-registration of minors for voting in Federal elections.
Sec. 7. On-campus polling locations.
Sec. 8. Prohibition of residency requirements.
Sec. 9. Requirements for voter identification.
Sec. 10. Grants to States for activities to encourage involvement of
youth in election activities.
Sec. 11. Absentee voting.
Sec. 12. Studies and data collection.
SEC. 2. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) 50 years ago, our Nation came together unanimously to
expand the franchise to those 18 years of age and older and to
outlaw age-based discrimination in accessing the franchise;
(2) 50 years later, the promises of the 26th Amendment to
the Constitution of the United States (referred to in this Act
as the ``26th Amendment'') remain unfulfilled although the
reasons that motivated its ratification endure; and
(3) pursuant to section 2 of the 26th Amendment, Congress
is empowered to enforce the article by appropriate legislation
and acts accordingly in this Act.
SEC. 3. FINDINGS.
Congress finds the following:
(1) Over 50 years ago, on July 1, 1971, this Nation
ratified into the Constitution of the United States the 26th
Amendment, lowering the voting age from 21 to 18 years of age
and outlawing the denial or abridgement of the right to vote on
account of age.
(2) Support for the 26th Amendment was nearly unanimous.
The proposed constitutional amendment passed with bipartisan
supermajorities, passing in the Senate with a vote of 94-0, and
passing in the House of Representatives with a vote of 401-19.
The 26th Amendment was approved by the requisite 38 States in
less than 100 days, making it the quickest constitutional
amendment to be ratified in United States history.
(3) Support for lowering the voting age to 18 was
championed across the aisle. President Dwight Eisenhower,
former Commander of the Allied Forces, included the issue in
his 1954 State of the Union Address. Moreover, President
Richard Nixon emphasized his support for the 26th Amendment
during its certification ceremony, describing that young people
serve a critical role by infusing the practice of democracy
with ``some idealism, some courage, some stamina, some high
moral purpose that this Nation always needs, because a country,
throughout history, we find, goes through ebbs and flows of
idealism.''. Similarly, Senate majority leader Michael
Mansfield and Senator Ted Kennedy were key advocates of the
measure, having first proposed a statutory route for lowering
the voting age in the Voting Rights Act Amendments of 1970
(Public Law 91-285), in addition to supporting a path through
constitutional ratification.
(4) The Voting Rights Act Amendments of 1970 (Public Law
91-285) marked the first Federal law to enfranchise youth and
outlaw age discrimination in accessing the franchise. In title
III of that Act, Congress declared, with strong bipartisan
support, that the 21-year age requirement--
(A) ``denies and abridges the inherent
constitutional rights of citizens eighteen years of age
but not yet twenty-one years of age to vote'';
(B) has the effect of denying those disenfranchised
``the due process and equal protection of the laws that
are guaranteed to them under the Fourteenth
Amendment''; and
(C) ``does not bear a reasonable relationship to
any compelling State interest.''.
(5) The age-based expansion of the franchise via the Voting
Rights Act Amendments of 1970 was ultimately found by a
strongly divided Supreme Court to be unconstitutional as
applied to State and local races and constitutional as applied
to Federal races. Thus, to ensure uniform election
administration in Federal and State races, a constitutional
solution was required.
(6) A variety of reasons were advanced to support
ratification of the 26th Amendment. The emerging themes
included--
(A) the value of idealism, courage, and moral
purpose that youth provide in reenergizing the practice
of democracy;
(B) the increased political competence of young
people compared to prior generations, due to greater
access to information through standardized education
and technology such as then-widely available television
sets;
(C) the increased responsibilities assumed by the
group as they fought in war, assumed debt, and lived
independently;
(D) a general recognition of the Nation's expansion
toward a more inclusive suffrage; and
(E) the stemming of unrest by encouraging
institutionalized mechanisms to advance change.
(7) In referring the 26th Amendment to the States for
ratification, Congress invoked the Voting Rights Act and the
principles protected by the 14th Amendment to the Constitution
of the United States, explaining that ``[F]orcing young voters
to undertake special burdens-obtaining absentee ballots, or
traveling to one centralized location in each city, for
example-in order to exercise their right to vote might well
serve to dissuade them from participating in the election. This
result, and the election procedures that create it, are at
least inconsistent with the purpose of the Voting Rights [A]ct,
which sought to encourage greater political participation on
the part of the young; such segregation might even amount to a
denial of their 14th Amendment right to equal protection of the
laws in the exercise of the franchise.''.
(8) According to the Center for Information & Research on
Civic Learning and Engagement (referred to in this Act as
``CIRCLE'') of Tufts University, a record-high 28 percent of
young people voted in the 2018 midterm elections, more than
doubling the record-low 13 percent youth turnout in 2014.
Still, young people vote at lower levels than older adults.
(9) Lower youth voting rates are not a sign of generational
apathy but of systemic barriers and issues with the culture of
political engagement that have plagued young people of various
generations for decades. Individuals that were part of older
generations voted at similar rates as individuals in the
Millennial and Gen Z generations when those older generations
were youth. For the first presidential election in which a
generation's entire 18-24 age cohort was eligible to vote (1972
for Boomers, 1992 for Gen X, and 2008 for Millennials), each
participated at about 50 percent.
(10) The outsized reliance by young voters on provisional
ballots in recent years demonstrates the structural obstacles
young voters face due to voter restrictions. A 2016 survey
found that 1 in 4 Millennials voted provisionally in the 2016
race, compared to 6 percent of Baby Boomers, and 2 percent of
the Greatest Generation.
(11) In addition to voting provisionally at
disproportionate rates, young voters' provisional ballots are
also disproportionally rejected. As determined by a recent
Federal court, voters aged 18 to 21 in Florida had their
provisional ballots rejected at a rate more than 4 times higher
than the rejection rate for provisional ballots cast by voters
between the ages of 45 to 64.
(12) Similarly, young voters experience a higher rejection
rate of vote-by-mail ballots compared to older voters. One
study found that voters aged 18 to 21 had their vote-by-mail
ballots rejected at a rate of over 5 times that of voters
between the ages of 45 to 64 and over 8 times those over the
age of 65. These rejection rates trend with those of voters of
color. For example, the study found that the rate of rejection
of vote-by-mail ballots for Hispanic and African American
voters is over 2 times that of White voters.
(13) Moreover, when special burdens are removed, young
people vote more frequently. Once polling places were finally
situated on campuses during the early voting period, pursuant
to successful 26th Amendment litigation, one study found that
on 12 campuses alone, nearly 60,000 registered voters
participated in the 2018 general election through early in-
person voting. Young voters, people of color, and those who did
not cast a ballot in 2016 disproportionately voted at the on-
campus voting locations. Voter turnout is bolstered by on-
campus voting locations because those locations lower the
opportunity costs for voting for all registered voters,
particularly for young registered voters.
(14) Young people are passionate about political issues and
often want to engage in the political process, but they face
barriers to participation. For example, they may face
structural obstacles such as proof requirements that obscure a
young person's right to vote, barriers to voter registration,
inaccessible or poorly equipped polling places, campus
gerrymanders, over-reliance on provisional ballots, unequal
access to vote-by-mail, and unfair treatment of provisional and
vote-by-mail ballots. Some of these barriers are acute for the
youngest voters who are particularly transient and move every
year, thereby struggling to update their voter registration, or
who are less likely to have a driver's license to use as voter
identification. Youth voters are similarly vulnerable to
confusion about their right to vote from their campus
residences. Although the Supreme Court summarily affirmed the
right of college students to vote from their campus residences
in 1979, pursuant to the 26th Amendment, misinformation,
disinformation, and legal challenges persist about this right.
Congress finds that students indeed have a right to vote from
their campus residences. Relatedly, many young people have not
been taught about elections and voting, including the
practicalities of registering and casting a ballot and the
reasons why their voices and votes matter in democracy.
(15) Seven States restrict access to vote-by-mail on
account of age, allowing voters above a certain age to vote
with no excuse, and requiring that voters below 60 or 65 meet a
narrow list of excuses to vote-by-mail. In those States, voters
65 and older comprise nearly 65 percent of all at-home ballots,
whereas the use of at-home ballots is more evenly distributed
across age cohorts in States without the age-restriction. In
age-discriminatory vote-at-home States, 21 percent of adults
over 65 voted at home in 2018, but less than 6 percent of
voters 18-34 did so. Congress further finds that eligible
voters, including youth, have the right to vote by mail in
Federal elections free of prima facie age restrictions.
(16) Studies reinforce the habit-forming nature of voting,
making it all the more important that voting becomes normalized
at an early age through unobstructed access to the ballot. For
example, a recent study found that on average, voting in 1
election increases the probability of voting in a future
election by 10 percentage points.
(17) According to CIRCLE, youth without college experience
also tend to vote at lower rates than young people in college.
For example, in 2018, 28 percent of youth (ages 18-29) voted,
while the Institute for Democracy & Higher Education of Tufts
University estimated that 40 percent of college students cast a
ballot. There are disparities by age, and even among youth; the
youngest group (ages 18 and 19) vote at lower rates. There are
also disparities by urbanicity, with young people in rural
areas and other civic deserts having lower voter turnout.
(18) According to CIRCLE, low-income youth are acutely
impacted, since their economic struggles translate into
multiple logistical barriers to voting. A recent survey of low-
income youth found that young voters reported barriers to
voting, including--
(A) confusion with voter identification rules (88
percent);
(B) confusion about the impact of voter
disenfranchisement (42 percent reported lack of clarity
about whether someone who paid a fine for driving under
the influence could vote or if someone with a suspended
driver's license could vote);
(C) confusion about the location of polling places
(39 percent did not know where to vote); and
(D) a high lack of confidence that they would be
fully prepared to vote if an election happened ``next
week'' (only half of surveyed youth reported
confidence).
(19) Moreover, youth reported negative voting experiences
due to failure to see young people working at the polls (87
percent), failure to see poll workers that look like them (74
percent), and not believing that election officials make an
effort to ensure that people like them can vote (59 percent).
(20) Presidential election years are particularly
consequential for youth voter engagement. For example, 61
percent of 18- to 29-year-olds were registered to vote in 2008,
compared to 49 percent in 2010. Moreover, youth who registered
to vote are considerably more likely to vote. Among youth
registered in 2008, 84 percent cast a ballot.
(21) While direct youth voter registration, outreach, and
engagement is typically heightened in the Summer and Fall
months leading up to presidential elections, unprecedented
obstacles presented themselves amid the COVID-19 pandemic as
the economy slowed, the Nation shut down, and institutions of
higher education, technical and vocational schools, and high
schools, along with county election offices, changed their
normal operations.
(22) The 2020 primary cycle shed light on the unique
obstacles faced by young voters in uncertain times as they were
displaced from the college domiciles where they would
eventually return. Confused and misinformed about their right
to vote from campus despite the temporary relocation, these
voters had to adjust for the first time to obtaining, printing,
properly filling out and submitting along with required proofs,
and mailing postage-required official forms and paperwork, such
as voter registration forms, absentee ballot requests, and
absentee ballots.
(23) The 2020 election resulted in unprecedented voter
turnout overall, boasting the highest turnout in United States
history, with 17,000,000 more voters compared to the last
presidential cycle. The unprecedented trend tracked for youth
voters as well. 2020 was the first election in which the
majority of voters under the age of 30 voted. States with the
highest youth voter rates were those with more robust
registration and vote by mail laws, such as those with pre-
registration, same day registration, election day registration,
early voting, and accessible no-excuse vote by mail
opportunities.
(24) The response to increased voter turnout has been an
unprecedented number of State legislative proposals to make it
harder to cast a valid ballot, such as the imposition of
limitations on the availability of drop-boxes, limitations on
the counting of out-of-precinct ballots, and the removal of
student identification as valid voter identification where
required. Pressures have also mounted on the local level, with
continued efforts to prevent or remove on-campus polling
locations, which are key to youth engagement since they allow
students to vote where they study, work, eat, and sleep.
(25) State and local election administration impacts youth
at large, including high school youth in their ability to pre-
register in advance of turning 18, college students
matriculating in traditional public and private 2- or 4-year
institutions of higher education or vocational and technical
programs, and the most vulnerable or overlooked youth
populations, such as those in less stable housing and those who
do not pursue college education.
(26) The 14th and 26th Amendments, and the Elections Clause
of section 4 of article I and Guarantee Clause of section 4 of
article IV, of the Constitution empower Congress to protect the
right to vote in Federal elections.
(27) The Voting Rights Act of 1965 was always understood to
be privately enforceable, and to contain a private right of
action by which all voters of the United States could guarantee
the rights guaranteed therein. Recently, in light of the
continued development of the law concerning privately
enforceable statutes, academic discussion and jurisprudential
dicta have incorrectly questioned the Voting Rights Act of
1965's private right of action. This Act and the amendments
made by this Act recognize the hundreds of cases brought by
private plaintiffs to enforce the Voting Rights Act of 1965 and
re-affirms that such a private right of action has always
existed for the Voting Rights Act of 1965.
SEC. 4. ENFORCEMENT OF THE 26TH AMENDMENT.
Title III of the Voting Rights Act of 1965 (52 U.S.C. 10701 et
seq.) is amended by adding at the end the following:
``SEC. 303. PRIVATE RIGHT OF ACTION; STANDARD OF REVIEW; FEES.
``(a) Private Right of Action.--Any person eighteen years of age
and older who is aggrieved by a denial or abridgment of the right of a
citizen of the United States to vote on account of age may commence a
civil action in any appropriate district court of the United States for
relief.
``(b) Standard of Review.--A denial or abridgment of the right of a
citizen of the United States to vote on account of age shall be
established in a private right of action under subsection (a) if a
qualification or prerequisite to voting or standard, practice, or
procedure--
``(1) has the effect of denying or abridging to citizens
eighteen years of age and older the due process or equal
protection of the laws that are guaranteed to them under the
14th and 26th Amendments of the Constitution of the United
States; and
``(2) is not necessary to advance any compelling interest
of a State or political subdivision.
``(c) Fees and Costs.--The court, in an action under this section,
shall allow the plaintiff, if the prevailing party, to recover from the
defendant reasonable attorneys' and expert witness fees, and other
costs of the action.''.
SEC. 5. TREATMENT OF PUBLIC INSTITUTIONS OF HIGHER EDUCATION AS VOTER
REGISTRATION AGENCIES UNDER NATIONAL VOTER REGISTRATION
ACT OF 1993.
(a) In General.--Section 7(a)(2) of the National Voter Registration
Act of 1993 (52 U.S.C. 20506(a)(2)) is amended--
(1) by striking ``and'' at the end of subparagraph (A);
(2) by striking the period at the end of subparagraph (B)
and inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(C) all offices within public institutions of
higher education, as defined in section 101 and section
102(c) of the Higher Education Act of 1965 (20 U.S.C.
1001; 20 U.S.C. 1002(c)), that provide assistance to
students.''.
(b) Application.--Section 4(b) of the National Voter Registration
Act of 1993 (52 U.S.C. 20503(b)) is amended--
(1) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively, and indenting
appropriately;
(2) by striking ``States.--This Act'' and inserting
``States.--'';
``(1) In general.--Except as provided in paragraph (2),
this Act''; and
(3) by adding at the end the following new paragraph:
``(2) Application of certain requirements.--Notwithstanding
paragraph (1), in the case of a State described in paragraph
(1)(B), subsection (a)(3)(B), section 7, and paragraphs (1)(C),
(5), and (6) of section 8(a) shall apply, but only with respect
to institutions described in section 7(a)(2)(C).''.
SEC. 6. PRE-REGISTRATION OF MINORS FOR VOTING IN FEDERAL ELECTIONS.
(a) Pre-Registration of Minors for Voting in Federal Elections.--
The National Voter Registration Act of 1993 (52 U.S.C. 20501 et seq.)
is amended by inserting after section 8 the following new section:
``SEC. 8A. PRE-REGISTRATION PROCESS FOR MINORS.
``(a) Requiring Implementation of Pre-Registration Process.--Each
State shall implement a process under which--
``(1) an individual who is a resident of the State may
apply to register to vote in elections for Federal office in
the State at any time on or after the date on which the
individual turns 16 years of age;
``(2) if the individual is not 18 years of age or older at
the time the individual applies under paragraph (1) but would
be eligible to vote in such primary or general elections if the
individual were 18 years of age, the State shall ensure that
the individual is registered to vote in elections for Federal
office in the State that are held on or after the date on which
the individual turns 18 years of age; and
``(3) the activities the State implements in order to
comply with sections 5 and 7 shall include pre-registration
services (to the same extent as registration services) for
qualifying individuals, as described in this subsection.
``(b) Permitting Availability of Process for Younger Individuals.--
A State may, at its option, make the process implemented under
subsection (a) available to individuals who are younger than 16 years
of age.''.
(b) Application.--Section 4(b)(2) of the National Voter
Registration Act of 1993 (52 U.S.C. 20503(b)(2)), as added by section
5(b), is amended--
(1) by striking ``paragraph (1)(B), subsection (a)(3)(B)''
and inserting ``paragraph (1)(B)--
``(A) subsection (a)(3)(B)'';
(2) in subparagraph (A), as added by paragraph (1), by
striking the period at the end and inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(B) section 8A shall apply.''.
(c) Effective Date.--The amendments made by this section shall take
effect upon the expiration of the 90-day period that begins on the date
of the enactment of this Act.
SEC. 7. ON-CAMPUS POLLING LOCATIONS.
(a) Definitions.--In this section:
(1) Campus.--The term ``campus''--
(A) means a geographic site of an institution of
higher education that is permanent in nature and offers
courses in educational or training programs which are
available for students to attend in person; and
(B) includes main campuses, branch campuses, and
additional locations in the United States.
(2) Institution of higher education.--The term
``institution of higher education'' has the meaning given that
term in subsections (a) and (b) of section 101 and subsections
(b) and (c) of section 102 of the Higher Education Act of 1965
(20 U.S.C. 1001(a), 1001(b), 1002(b), 1002(c)).
(3) State.--The term ``State'' means each of the several
States and the District of Columbia.
(b) In General.--Each State shall ensure that polling places for
each election for Federal office (referred to in this section as a
``Federal election'') are made available, on the date of a Federal
election, on--
(1) each campus of any State public institution of higher
education in the State, except any such campus for which the
State has received a waiver under subsection (e); and
(2) each campus of any other institution of higher
education in the State for which the State has received the
institution's written permission to have a polling place on
campus.
(c) Non-State Institutions.--Not less than 90 days before the
State's deadline for certifying polling place locations in advance of
each Federal election, the State shall request in writing permission to
place a polling place for a Federal election, to be available on the
date of that election, on the campus of each institution of higher
education that is not a State public institution of higher education--
(1) for the next Federal election; or
(2) for a longer period of time, as agreed to by the State
and the institution of higher education.
(d) Alternative Polling Places.--For each institution of higher
education that is not a State public institution of higher education
and that does not give written permission as described in subsection
(c) for placement of a polling place on the institution's campus, the
State shall implement alternative procedures to ensure voting is
accessible to youth on that campus who are age 18 and over. Such
procedures may include--
(1) offering free shuttles for such youth to other nearby
polling locations;
(2) making available on the campus absentee voting drop
boxes for such youth; or
(3) offering an on-campus early voting option or a mobile
unit on the campus for early voting or election day voting for
such youth.
(e) Waivers.--
(1) In general.--The Attorney General may, upon the request
of a State, waive the requirement under subsection (b)(1) with
respect to a Federal election for a campus described in such
paragraph for which the State, in accordance with the guidance
under paragraph (3)--
(A) determines is an unsuitable polling location in
the State for that Federal election; and
(B) agrees to require alternative procedures at
such campus to ensure voting in Federal elections is
accessible to youth who are age 18 and over for that
Federal election.
(2) Applications to include alternative procedures.--To
request a waiver under paragraph (1) with respect to a Federal
election and for a campus described in subsection (b)(1), a
State shall submit an application to the Attorney General that
includes information on the alternative procedures the State
will require the State public institution of higher education
to implement with respect to that Federal election for that
campus to ensure voting is accessible to youth who are age 18
and over. Such procedures may include--
(A) offering free shuttles for such youth to other
polling locations;
(B) making available on the campus absentee voting
drop boxes for such youth; or
(C) offering an on-campus early voting option or a
mobile unit on the campus for early voting or election
day voting for such youth.
(3) Guidance.--Not later than 180 days after the date of
enactment of this Act, the Attorney General shall issue
guidance on the administration of this section, including
guidance on the coverage under this section of campuses and
institutions of higher education, as defined in subsection (a),
acceptable reasons for allowing a waiver under this subsection,
and alternative procedures described in paragraph (2), with
respect to a campus described in subsection (b)(1). Such
guidance shall include considerations of issues relating to the
accessibility of the campus, including--
(A) the inability to modify the physical attributes
of the campus to make the campus accessible for voting;
(B) the proximity of the campus to local population
centers;
(C) the ability of youth age 18 and over who are
from historically disadvantaged communities to access
the campus;
(D) the ability of the institution of higher
education to comply with other Federal or State laws
relating to Federal elections at that campus location;
and
(E) the number of students enrolled at the
institution of higher education in the year of the
relevant Federal election.
(f) Enforcement.--
(1) Attorney general.--The Attorney General may bring a
civil action in an appropriate district court for such
declaratory or injunctive relief as is necessary to carry out
this section.
(2) Private right of action.--
(A) A person who is aggrieved by a violation of
this section may provide written notice of the
violation to the chief election official of the State
involved.
(B) If the violation is not corrected within 90
days after receipt of a notice under subparagraph (A),
or within 20 days after receipt of the notice if the
violation occurred within 120 days before the date of a
Federal election, the aggrieved person may bring a
civil action in an appropriate district court for
declaratory or injunctive relief with respect to the
violation.
(C) If the violation occurred within 30 days before
the date of a Federal election, the aggrieved person
need not provide notice to the chief election official
of the State under subparagraph (A) before bringing a
civil action under subparagraph (B).
(D) The court, in an action under this section,
shall allow the plaintiff, if the prevailing party, to
recover from the defendant reasonable attorneys' and
expert witness fees and other costs of the action.
SEC. 8. PROHIBITION OF RESIDENCY REQUIREMENTS.
(a) Applicability to All Elections for Federal Office.--Section 202
of the Voting Rights Act of 1965 (52 U.S.C. 10502) is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1)--
(i) by striking ``the offices of President
and Vice President'' and inserting ``Federal
office''; and
(ii) by striking ``presidential elections''
and inserting ``elections for Federal office'';
(B) in paragraph (1), by striking ``their President
and Vice President'' and inserting ``Federal office'';
(C) in paragraph (5), by striking ``; and'' and
inserting ``, and in some cases, the twenty-sixth
amendment, including the right to vote from a college
domicile; and''; and
(D) in paragraph (6), by striking ``presidential
elections'' and inserting ``elections for Federal
office'';
(2) in subsection (b)--
(A) by striking ``voting for President and Vice
President'' and inserting ``voting in elections for
Federal office''; and
(B) by striking ``presidential elections'' and
inserting ``elections for Federal office'';
(3) in subsection (c)--
(A) by striking ``election for President and Vice
President'' and inserting ``election for Federal
office''; and
(B) by striking ``electors for President and Vice
President, or for President and Vice President,'' and
inserting ``Federal office,'' each place the term
appears;
(4) in subsection (d), by striking ``the choice of electors
for President and Vice President or for President and Vice
President'' and inserting ``Federal office'';
(5) in subsection (e)--
(A) by striking ``election for President and Vice
President'' and inserting ``election for Federal
office''; and
(B) by striking ``the choice of electors for
President and Vice President, or for President and Vice
President,'' and inserting ``Federal office''; and
(6) in subsection (f)--
(A) by striking ``election for President and Vice
President'' and inserting ``election for Federal
office''; and
(B) by striking ``for the choice of electors for
President and Vice President, or for President and Vice
President,'' and inserting ``for Federal office''.
(b) Private Right of Action Relating to Residence Requirements for
Voting.--Section 202 of the Voting Rights Act of 1965 (52 U.S.C. 10502)
is further amended by adding at the end the following:
``(j) Private Right of Action.--Any person who is aggrieved by a
violation of this section may commence a civil action in any
appropriate district court of the United States for relief. The court,
in an action under this section, shall allow the plaintiff, if the
prevailing party, to recover from the defendant reasonable attorneys'
and expert witness fees and other costs of the action.''.
SEC. 9. REQUIREMENTS FOR VOTER IDENTIFICATION.
(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, respectively; and
(2) by inserting after section 303 the following new
section:
``SEC. 304. TREATMENT OF STUDENT IDENTIFICATION CARDS AS VOTER
IDENTIFICATION.
``(a) In General.--To the extent that a State or local jurisdiction
has a voter identification requirement, the State or local jurisdiction
shall treat a student identification card issued by an institution of
higher education as meeting such voter identification requirement.
``(b) Institution of Higher Education.--For purposes of this
section, the term `institution of higher education' has the meaning
given that term in subsections (a) and (b) of section 101 and
subsections (b) and (c) of section 102 of the Higher Education Act of
1965 (20 U.S.C. 1001(a), 1001(b), 1002(b), 1002(c)).''.
(b) 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 304''.
(c) Clerical Amendments.--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, respectively; and
(2) by inserting after the item relating to section 303 the
following new item:
``Sec. 304. Treatment of student identification cards as voter
identification.''.
SEC. 10. GRANTS TO STATES FOR ACTIVITIES TO ENCOURAGE INVOLVEMENT OF
YOUTH IN ELECTION ACTIVITIES.
(a) In General.--Subtitle D of title II of the Help America Vote
Act of 2002 (52 U.S.C. et seq.) is amended by adding at the end the
following:
``PART 7--GRANTS TO ENCOURAGE YOUTH INVOLVEMENT IN ELECTION ACTIVITIES
``SEC. 297. GRANTS TO ENCOURAGE YOUTH INVOLVEMENT IN ELECTION
ACTIVITIES.
``(a) In General.--The Commission shall make grants to eligible
States to increase the involvement of youth, including those under 18
years of age, in public election activities in the State.
``(b) Eligibility.--
``(1) 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--
``(A) a description of the State's plan;
``(B) a description of the performance measures and
targets the State will use to determine its success in
carrying out the plan; and
``(C) such other information and assurances as the
Commission may require.
``(2) Contents of plan.--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;
``(B) modifications to the curriculum of secondary
schools in the State to promote civic engagement;
``(C) a description of how the State will provide
funding to secondary schools and institutions of higher
education to enable those schools and institutions to
support activities (including activities carried out by
student organizations) to increase voter registration
and voter turnout, including pre-registration where
allowable;
``(D) the creation of a paid fellowship program for
youth to work with State and local election officials
to support youth civic and political engagement;
``(E) a description of how the grant funding will
reduce disparities in access to the electoral process
among youth who are members of protected classes, as
defined by the Commission, under Federal law; and
``(F) such other activities to encourage the
involvement of youth in the electoral process as the
State considers appropriate, including encouraging
youth to serve as poll workers, deputy voter
registrars, or election workers where allowable, and
outreach activities to engage secondary schools,
postsecondary educational institutions, and the most
vulnerable or overlooked youth populations, such as
those in less stable housing and those who do not
pursue college education.
``(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, 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.
``(e) Youth Engagement Fund.--
``(1) In general.--The Commission shall establish a Youth
Engagement Fund for the purpose of making grants under this
section.
``(2) Authorization of appropriation.--There is authorized
to be appropriated to the Youth Engagement Fund to carry out
this section--
``(A) for fiscal year 2024, $26,000,000; and
``(B) for each subsequent fiscal year, the
difference between $26,000,000 and the amount of
unobligated funds in the Youth Engagement Fund as of
the close of the preceding fiscal year.
``(3) Availability.--Funds appropriated pursuant to the
authorization of appropriations in paragraph (2) shall remain
available for a period of 10 years from the fiscal year in
which appropriated.''.
(b) Clerical Amendment.--The table of contents of such Act is
amended by adding at the end of the items relating to subtitle D of
title II the following:
``PART 7--Grants To Encourage Youth Involvement in Election Activities
``Sec. 297. Grants to encourage youth involvement in election
activities.''.
SEC. 11. ABSENTEE VOTING.
(a) Enforcement of 26th Amendment.--Section 301(a)(1) of the Voting
Rights Act of 1965 (52 U.S.C. 10701(a)(1)) is amended by inserting
before the period at the end the following: ``, including denials or
abridgements of the rights of citizens of the United States to vote on
account of age as a result of age-based restrictions for individuals of
legal voting age to voting by mail''.
(b) Sense of Congress.--It is the sense of Congress that age-based
restrictions for individuals of legal voting age to vote by mail
constitute a violation of the 26th Amendment to the Constitution of the
United States.
SEC. 12. STUDIES AND DATA COLLECTION.
(a) GAO Study.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Comptroller General of the United
States shall submit to Congress a report on voter registration
trends, absentee voting trends, and provisional voting trends,
disaggregated by age and (where information on race is
available) race in accordance with paragraph (2), including--
(A) an examination of the reliance on absentee and
provisional ballots by age;
(B) an examination of the availability of polling
places on the campuses of institutions of higher
education as defined in section 7 of this Act,
including consideration of the characteristics of those
institutions and the populations they serve;
(C) the rejection rates for voter registration
applications and absentee ballot applications;
(D) the rejection rates for absentee ballots and
provisional ballots; and
(E) the reasons for those rejections.
(2) Disaggregation.--The information described in paragraph
(1) shall be disaggregated according to (where information on
race is available) race and according to the following age
cohorts:
(A) 16 to 17.
(B) 18 to 21.
(C) 22 to 24.
(D) 25 to 29.
(E) 30 to 34.
(F) 35 to 39.
(G) 40 to 44.
(H) 45 to 49.
(I) 50 to 54.
(J) 55 to 59.
(K) 60 to 64.
(L) 65 to 69.
(M) 70 to 74.
(N) 75 to 79.
(O) 80 to 84.
(P) 85 and over.
(b) Election Assistance Commission Data Collection.--
(1) In general.--The Election Assistance Commission shall
collect, as a part of the Election Administration and Voting
Survey effort, and make publicly available, data from States
on--
(A) application and rejection rates of voter
registration applications and absentee ballot
applications for elections for Federal office based on
age and (where information on race is available) race;
(B) application and rejection rates of absentee
ballots and the issuance and rejection rates of
provisional ballots cast for elections for Federal
office based on age and (where information on race is
available) race;
(C) the reasons provided by the State for the
rejection of such ballots; and
(D) information on the availability of polling
places on the campuses of institutions of higher
education as defined in section 7 of this Act,
including consideration of the characteristics of those
institutions and the populations they serve.
(2) Disaggregation.--The information described in paragraph
(1) shall be disaggregated according to each age cohort
described in subparagraphs (A) through (P) of subsection
(a)(2).
(3) Requiring state submission of information regarding
rejected ballots.--
(A) Requirement.--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. REQUIRED SUBMISSION OF INFORMATION REGARDING REJECTED
APPLICATIONS AND BALLOTS.
``(a) Requirement.--Each State shall furnish to the Election
Assistance Commission such information as the Commission may request
for purposes of carrying out section 10(b) of the Youth Voting Rights
Act.
``(b) Effective Date.--This section shall apply with respect to the
elections for Federal office held on or after the date of enactment of
this section.''.
(B) Enforcement.--Section 401 of such Act (52
U.S.C. 21111) is amended by striking ``and 303'' and
inserting ``303, and 303A''.
(C) Clerical amendment.--The table of contents of
such Act is amended by inserting after the item
relating to section 303 the following new item:
``Sec. 303A. Required submission of information regarding rejected
applications and ballots.''.
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