Text: H.R.2 — 103rd Congress (1993-1994)All Information (Except Text)

Text available as:

  • TXT
  • PDF (PDF provides a complete and accurate display of this text.) Tip?

Shown Here:
Enrolled Bill

 
[Congressional Bills 103th Congress]
[From the U.S. Government Printing Office]
[H.R. 2 Enrolled Bill (ENR)]

        H.R.2
                       One Hundred Third Congress

                                 of the

                        United States of America


                          AT THE FIRST SESSION

          Begun and held at the City of Washington on Tuesday,
  the fifth day of January, one thousand nine hundred and ninety-three


                                 An Act

  
 
  To establish national voter registration procedures for Federal 
elections, 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 ``National Voter Registration Act of 
1993''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--The Congress finds that--
        (1) the right of citizens of the United States to vote is a 
    fundamental right;
        (2) it is the duty of the Federal, State, and local governments 
    to promote the exercise of that right; and
        (3) discriminatory and unfair registration laws and procedures 
    can have a direct and damaging effect on voter participation in 
    elections for Federal office and disproportionately harm voter 
    participation by various groups, including racial minorities.
    (b) Purposes.--The purposes of this Act are--
        (1) to establish procedures that will increase the number of 
    eligible citizens who register to vote in elections for Federal 
    office;
        (2) to make it possible for Federal, State, and local 
    governments to implement this Act in a manner that enhances the 
    participation of eligible citizens as voters in elections for 
    Federal office;
        (3) to protect the integrity of the electoral process; and
        (4) to ensure that accurate and current voter registration rolls 
    are maintained.

SEC. 3. DEFINITIONS.

    As used in this Act--
        (1) the term ``election'' has the meaning stated in section 
    301(1) of the Federal Election Campaign Act of 1971 (2 U.S.C. 
    431(1));
        (2) the term ``Federal office'' has the meaning stated in 
    section 301(3) of the Federal Election Campaign Act of 1971 (2 
    U.S.C. 431(3));
        (3) the term ``motor vehicle driver's license'' includes any 
    personal identification document issued by a State motor vehicle 
    authority;
        (4) the term ``State'' means a State of the United States and 
    the District of Columbia; and
        (5) the term ``voter registration agency'' means an office 
    designated under section 7(a)(1) to perform voter registration 
    activities.

SEC. 4. NATIONAL PROCEDURES FOR VOTER REGISTRATION FOR ELECTIONS FOR 
              FEDERAL OFFICE.

    (a) In General.--Except as provided in subsection (b), 
notwithstanding any other Federal or State law, in addition to any other 
method of voter registration provided for under State law, each State 
shall establish procedures to register to vote in elections for Federal 
office--
        (1) by application made simultaneously with an application for a 
    motor vehicle driver's license pursuant to section 5;
        (2) by mail application pursuant to section 6; and
        (3) by application in person--
            (A) at the appropriate registration site designated with 
        respect to the residence of the applicant in accordance with 
        State law; and
            (B) at a Federal, State, or nongovernmental office 
        designated under section 7.
    (b) Nonapplicability to Certain States.--This Act does not apply to 
a State described in either or both of the following paragraphs:
        (1) A State in which, under law that is in effect continuously 
    on and after March 11, 1993, there is no voter registration 
    requirement for any voter in the State with respect to an election 
    for Federal office.
        (2) A State in which, under law that is in effect continuously 
    on and after March 11, 1993, or that was enacted on or prior to 
    March 11, 1993, and by its terms is to come into effect upon the 
    enactment of this Act, so long as that law remains in effect, all 
    voters in the State may register to vote at the polling place at the 
    time of voting in a general election for Federal office.

SEC. 5. SIMULTANEOUS APPLICATION FOR VOTER REGISTRATION AND APPLICATION 
              FOR MOTOR VEHICLE DRIVER'S LICENSE.

    (a) In General.--(1) Each State motor vehicle driver's license 
application (including any renewal application) submitted to the 
appropriate State motor vehicle authority under State law shall serve as 
an application for voter registration with respect to elections for 
Federal office unless the applicant fails to sign the voter registration 
application.
    (2) An application for voter registration submitted under paragraph 
(1) shall be considered as updating any previous voter registration by 
the applicant.
    (b) Limitation on Use of Information.--No information relating to 
the failure of an applicant for a State motor vehicle driver's license 
to sign a voter registration application may be used for any purpose 
other than voter registration.
    (c) Forms and Procedures.--(1) Each State shall include a voter 
registration application form for elections for Federal office as part 
of an application for a State motor vehicle driver's license.
    (2) The voter registration application portion of an application for 
a State motor vehicle driver's license--
        (A) may not require any information that duplicates information 
    required in the driver's license portion of the form (other than a 
    second signature or other information necessary under subparagraph 
    (C));
        (B) may require only the minimum amount of information necessary 
    to--
            (i) prevent duplicate voter registrations; and
            (ii) enable State election officials to assess the 
        eligibility of the applicant and to administer voter 
        registration and other parts of the election process;
        (C) shall include a statement that--
            (i) states each eligibility requirement (including 
        citizenship);
            (ii) contains an attestation that the applicant meets each 
        such requirement; and
            (iii) requires the signature of the applicant, under penalty 
        of perjury;
        (D) shall include, in print that is identical to that used in 
    the attestation portion of the application--
            (i) the information required in section 8(a)(5) (A) and (B);
            (ii) a statement that, if an applicant declines to register 
        to vote, the fact that the applicant has declined to register 
        will remain confidential and will be used only for voter 
        registration purposes; and
            (iii) a statement that if an applicant does register to 
        vote, the office at which the applicant submits a voter 
        registration application will remain confidential and will be 
        used only for voter registration purposes; and
        (E) shall be made available (as submitted by the applicant, or 
    in machine readable or other format) to the appropriate State 
    election official as provided by State law.
    (d) Change of Address.--Any change of address form submitted in 
accordance with State law for purposes of a State motor vehicle driver's 
license shall serve as notification of change of address for voter 
registration with respect to elections for Federal office for the 
registrant involved unless the registrant states on the form that the 
change of address is not for voter registration purposes.
    (e) Transmittal Deadline.--(1) Subject to paragraph (2), a completed 
voter registration portion of an application for a State motor vehicle 
driver's license accepted at a State motor vehicle authority shall be 
transmitted to the appropriate State election official not later than 10 
days after the date of acceptance.
    (2) If a registration application is accepted within 5 days before 
the last day for registration to vote in an election, the application 
shall be transmitted to the appropriate State election official not 
later than 5 days after the date of acceptance.

SEC. 6. MAIL REGISTRATION.

    (a) Form.--(1) Each State shall accept and use the mail voter 
registration application form prescribed by the Federal Election 
Commission pursuant to section 9(a)(2) for the registration of voters in 
elections for Federal office.
    (2) In addition to accepting and using the form described in 
paragraph (1), a State may develop and use a mail voter registration 
form that meets all of the criteria stated in section 9(b) for the 
registration of voters in elections for Federal office.
    (3) A form described in paragraph (1) or (2) shall be accepted and 
used for notification of a registrant's change of address.
    (b) Availability of Forms.--The chief State election official of a 
State shall make the forms described in subsection (a) available for 
distribution through governmental and private entities, with particular 
emphasis on making them available for organized voter registration 
programs.
    (c) First-Time Voters.--(1) Subject to paragraph (2), a State may by 
law require a person to vote in person if--
        (A) the person was registered to vote in a jurisdiction by mail; 
    and
        (B) the person has not previously voted in that jurisdiction.
    (2) Paragraph (1) does not apply in the case of a person--
        (A) who is entitled to vote by absentee ballot under the 
    Uniformed and Overseas Citizens Absentee Voting Act (42 U.S.C. 
    1973ff-1 et seq.);
        (B) who is provided the right to vote otherwise than in person 
    under section 3(b)(2)(B)(ii) of the Voting Accessibility for the 
    Elderly and Handicapped Act (42 U.S.C. 1973ee-1(b)(2)(B)(ii)); or
        (C) who is entitled to vote otherwise than in person under any 
    other Federal law.
    (d) Undelivered Notices.--If a notice of the disposition of a mail 
voter registration application under section 8(a)(2) is sent by 
nonforwardable mail and is returned undelivered, the registrar may 
proceed in accordance with section 8(d).

SEC. 7. VOTER REGISTRATION AGENCIES.

    (a) Designation.--(1) Each State shall designate agencies for the 
registration of voters in elections for Federal office.
    (2) Each State shall designate as voter registration agencies--
        (A) all offices in the State that provide public assistance; and
        (B) all offices in the State that provide State-funded programs 
    primarily engaged in providing services to persons with 
    disabilities.
    (3)(A) In addition to voter registration agencies designated under 
paragraph (2), each State shall designate other offices within the State 
as voter registration agencies.
    (B) Voter registration agencies designated under subparagraph (A) 
may include--
        (i) State or local government offices such as public libraries, 
    public schools, offices of city and county clerks (including 
    marriage license bureaus), fishing and hunting license bureaus, 
    government revenue offices, unemployment compensation offices, and 
    offices not described in paragraph (2)(B) that provide services to 
    persons with disabilities; and
        (ii) Federal and nongovernmental offices, with the agreement of 
    such offices.
    (4)(A) At each voter registration agency, the following services 
shall be made available:
        (i) Distribution of mail voter registration application forms in 
    accordance with paragraph (6).
        (ii) Assistance to applicants in completing voter registration 
    application forms, unless the applicant refuses such assistance.
        (iii) Acceptance of completed voter registration application 
    forms for transmittal to the appropriate State election official.
    (B) If a voter registration agency designated under paragraph (2)(B) 
provides services to a person with a disability at the person's home, 
the agency shall provide the services described in subparagraph (A) at 
the person's home.
    (5) A person who provides service described in paragraph (4) shall 
not--
        (A) seek to influence an applicant's political preference or 
    party registration;
        (B) display any such political preference or party allegiance;
        (C) make any statement to an applicant or take any action the 
    purpose or effect of which is to discourage the applicant from 
    registering to vote; or
        (D) make any statement to an applicant or take any action the 
    purpose or effect of which is to lead the applicant to believe that 
    a decision to register or not to register has any bearing on the 
    availability of services or benefits.
    (6) A voter registration agency that is an office that provides 
service or assistance in addition to conducting voter registration 
shall--
        (A) distribute with each application for such service or 
    assistance, and with each recertification, renewal, or change of 
    address form relating to such service or assistance--
            (i) the mail voter registration application form described 
        in section 9(a)(2), including a statement that--
                (I) specifies each eligibility requirement (including 
            citizenship);
                (II) contains an attestation that the applicant meets 
            each such requirement; and
                (III) requires the signature of the applicant, under 
            penalty of perjury; or
            (ii) the office's own form if it is equivalent to the form 
        described in section 9(a)(2),
    unless the applicant, in writing, declines to register to vote;
        (B) provide a form that includes--
            (i) the question, ``If you are not registered to vote where 
        you live now, would you like to apply to register to vote here 
        today?'';
            (ii) if the agency provides public assistance, the 
        statement, ``Applying to register or declining to register to 
        vote will not affect the amount of assistance that you will be 
        provided by this agency.'';
            (iii) boxes for the applicant to check to indicate whether 
        the applicant would like to register or declines to register to 
        vote (failure to check either box being deemed to constitute a 
        declination to register for purposes of subparagraph (C)), 
        together with the statement (in close proximity to the boxes and 
        in prominent type), ``IF YOU DO NOT CHECK EITHER BOX, YOU WILL 
        BE CONSIDERED TO HAVE DECIDED NOT TO REGISTER TO VOTE AT THIS 
        TIME.'';
            (iv) the statement, ``If you would like help in filling out 
        the voter registration application form, we will help you. The 
        decision whether to seek or accept help is yours. You may fill 
        out the application form in private.''; and
            (v) the statement, ``If you believe that someone has 
        interfered with your right to register or to decline to register 
        to vote, your right to privacy in deciding whether to register 
        or in applying to register to vote, or your right to choose your 
        own political party or other political preference, you may file 
        a complaint with 
        &llmdash;&llmdash;&llmdash;&llmdash;&llmdash;&llmdash;.'', the 
        blank being filled by the name, address, and telephone number of 
        the appropriate official to whom such a complaint should be 
        addressed; and
        (C) provide to each applicant who does not decline to register 
    to vote the same degree of assistance with regard to the completion 
    of the registration application form as is provided by the office 
    with regard to the completion of its own forms, unless the applicant 
    refuses such assistance.
    (7) No information relating to a declination to register to vote in 
connection with an application made at an office described in paragraph 
(6) may be used for any purpose other than voter registration.
    (b) Federal Government and Private Sector Cooperation.--All 
departments, agencies, and other entities of the executive branch of the 
Federal Government shall, to the greatest extent practicable, cooperate 
with the States in carrying out subsection (a), and all nongovernmental 
entities are encouraged to do so.
    (c) Armed Forces Recruitment Offices.--(1) Each State and the 
Secretary of Defense shall jointly develop and implement procedures for 
persons to apply to register to vote at recruitment offices of the Armed 
Forces of the United States.
    (2) A recruitment office of the Armed Forces of the United States 
shall be considered to be a voter registration agency designated under 
subsection (a)(2) for all purposes of this Act.
    (d) Transmittal Deadline.--(1) Subject to paragraph (2), a completed 
registration application accepted at a voter registration agency shall 
be transmitted to the appropriate State election official not later than 
10 days after the date of acceptance.
    (2) If a registration application is accepted within 5 days before 
the last day for registration to vote in an election, the application 
shall be transmitted to the appropriate State election official not 
later than 5 days after the date of acceptance.

SEC. 8. REQUIREMENTS WITH RESPECT TO ADMINISTRATION OF VOTER 
              REGISTRATION.

    (a) In General.--In the administration of voter registration for 
elections for Federal office, each State shall--
        (1) ensure that any eligible applicant is registered to vote in 
    an election--
            (A) in the case of registration with a motor vehicle 
        application under section 5, if the valid voter registration 
        form of the applicant is submitted to the appropriate State 
        motor vehicle authority not later than the lesser of 30 days, or 
        the period provided by State law, before the date of the 
        election;
            (B) in the case of registration by mail under section 6, if 
        the valid voter registration form of the applicant is postmarked 
        not later than the lesser of 30 days, or the period provided by 
        State law, before the date of the election;
            (C) in the case of registration at a voter registration 
        agency, if the valid voter registration form of the applicant is 
        accepted at the voter registration agency not later than the 
        lesser of 30 days, or the period provided by State law, before 
        the date of the election; and
            (D) in any other case, if the valid voter registration form 
        of the applicant is received by the appropriate State election 
        official not later than the lesser of 30 days, or the period 
        provided by State law, before the date of the election;
        (2) require the appropriate State election official to send 
    notice to each applicant of the disposition of the application;
        (3) provide that the name of a registrant may not be removed 
    from the official list of eligible voters except--
            (A) at the request of the registrant;
            (B) as provided by State law, by reason of criminal 
        conviction or mental incapacity; or
            (C) as provided under paragraph (4);
        (4) conduct a general program that makes a reasonable effort to 
    remove the names of ineligible voters from the official lists of 
    eligible voters by reason of--
            (A) the death of the registrant; or
            (B) a change in the residence of the registrant, in 
        accordance with subsections (b), (c), and (d);
        (5) inform applicants under sections 5, 6, and 7 of--
            (A) voter eligibility requirements; and
            (B) penalties provided by law for submission of a false 
        voter registration application; and
        (6) ensure that the identity of the voter registration agency 
    through which any particular voter is registered is not disclosed to 
    the public.
    (b) Confirmation of Voter Registration.--Any State program or 
activity to protect the integrity of the electoral process by ensuring 
the maintenance of an accurate and current voter registration roll for 
elections for Federal office--
        (1) shall be uniform, nondiscriminatory, and in compliance with 
    the Voting Rights Act of 1965 (42 U.S.C. 1973 et seq.); and
        (2) shall not result in the removal of the name of any person 
    from the official list of voters registered to vote in an election 
    for Federal office by reason of the person's failure to vote.
    (c) Voter Removal Programs.--(1) A State may meet the requirement of 
subsection (a)(4) by establishing a program under which--
        (A) change-of-address information supplied by the Postal Service 
    through its licensees is used to identify registrants whose 
    addresses may have changed; and
        (B) if it appears from information provided by the Postal 
    Service that--
            (i) a registrant has moved to a different residence address 
        in the same registrar's jurisdiction in which the registrant is 
        currently registered, the registrar changes the registration 
        records to show the new address and sends the registrant a 
        notice of the change by forwardable mail and a postage prepaid 
        pre-addressed return form by which the registrant may verify or 
        correct the address information; or
            (ii) the registrant has moved to a different residence 
        address not in the same registrar's jurisdiction, the registrar 
        uses the notice procedure described in subsection (d)(2) to 
        confirm the change of address.
    (2)(A) A State shall complete, not later than 90 days prior to the 
date of a primary or general election for Federal office, any program 
the purpose of which is to systematically remove the names of ineligible 
voters from the official lists of eligible voters.
    (B) Subparagraph (A) shall not be construed to preclude--
        (i) the removal of names from official lists of voters on a 
    basis described in paragraph (3) (A) or (B) or (4)(A) of subsection 
    (a); or
        (ii) correction of registration records pursuant to this Act.
    (d) Removal of Names From Voting Rolls.--(1) A State shall not 
remove the name of a registrant from the official list of eligible 
voters in elections for Federal office on the ground that the registrant 
has changed residence unless the registrant--
        (A) confirms in writing that the registrant has changed 
    residence to a place outside the registrar's jurisdiction in which 
    the registrant is registered; or
        (B)(i) has failed to respond to a notice described in paragraph 
    (2); and
        (ii) has not voted or appeared to vote (and, if necessary, 
    correct the registrar's record of the registrant's address) in an 
    election during the period beginning on the date of the notice and 
    ending on the day after the date of the second general election for 
    Federal office that occurs after the date of the notice.
    (2) A notice is described in this paragraph if it is a postage 
prepaid and pre-addressed return card, sent by forwardable mail, on 
which the registrant may state his or her current address, together with 
a notice to the following effect:
        (A) If the registrant did not change his or her residence, or 
    changed residence but remained in the registrar's jurisdiction, the 
    registrant should return the card not later than the time provided 
    for mail registration under subsection (a)(1)(B). If the card is not 
    returned, affirmation or confirmation of the registrant's address 
    may be required before the registrant is permitted to vote in a 
    Federal election during the period beginning on the date of the 
    notice and ending on the day after the date of the second general 
    election for Federal office that occurs after the date of the 
    notice, and if the registrant does not vote in an election during 
    that period the registrant's name will be removed from the list of 
    eligible voters.
        (B) If the registrant has changed residence to a place outside 
    the registrar's jurisdiction in which the registrant is registered, 
    information concerning how the registrant can continue to be 
    eligible to vote.
    (3) A voting registrar shall correct an official list of eligible 
voters in elections for Federal office in accordance with change of 
residence information obtained in conformance with this subsection.
    (e) Procedure for Voting Following Failure To Return Card.--(1) A 
registrant who has moved from an address in the area covered by a 
polling place to an address in the same area shall, notwithstanding 
failure to notify the registrar of the change of address prior to the 
date of an election, be permitted to vote at that polling place upon 
oral or written affirmation by the registrant of the change of address 
before an election official at that polling place.
    (2)(A) A registrant who has moved from an address in the area 
covered by one polling place to an address in an area covered by a 
second polling place within the same registrar's jurisdiction and the 
same congressional district and who has failed to notify the registrar 
of the change of address prior to the date of an election, at the option 
of the registrant--
        (i) shall be permitted to correct the voting records and vote at 
    the registrant's former polling place, upon oral or written 
    affirmation by the registrant of the new address before an election 
    official at that polling place; or
        (ii)(I) shall be permitted to correct the voting records and 
    vote at a central location within the same registrar's jurisdiction 
    designated by the registrar where a list of eligible voters is 
    maintained, upon written affirmation by the registrant of the new 
    address on a standard form provided by the registrar at the central 
    location; or
        (II) shall be permitted to correct the voting records for 
    purposes of voting in future elections at the appropriate polling 
    place for the current address and, if permitted by State law, shall 
    be permitted to vote in the present election, upon confirmation by 
    the registrant of the new address by such means as are required by 
    law.
    (B) If State law permits the registrant to vote in the current 
election upon oral or written affirmation by the registrant of the new 
address at a polling place described in subparagraph (A)(i) or 
(A)(ii)(II), voting at the other locations described in subparagraph (A) 
need not be provided as options.
    (3) If the registration records indicate that a registrant has moved 
from an address in the area covered by a polling place, the registrant 
shall, upon oral or written affirmation by the registrant before an 
election official at that polling place that the registrant continues to 
reside at the address previously made known to the registrar, be 
permitted to vote at that polling place.
    (f) Change of Voting Address Within a Jurisdiction.--In the case of 
a change of address, for voting purposes, of a registrant to another 
address within the same registrar's jurisdiction, the registrar shall 
correct the voting registration list accordingly, and the registrant's 
name may not be removed from the official list of eligible voters by 
reason of such a change of address except as provided in subsection (d).
    (g) Conviction in Federal Court.--(1) On the conviction of a person 
of a felony in a district court of the United States, the United States 
attorney shall give written notice of the conviction to the chief State 
election official designated under section 10 of the State of the 
person's residence.
    (2) A notice given pursuant to paragraph (1) shall include--
        (A) the name of the offender;
        (B) the offender's age and residence address;
        (C) the date of entry of the judgment;
        (D) a description of the offenses of which the offender was 
    convicted; and
        (E) the sentence imposed by the court.
    (3) On request of the chief State election official of a State or 
other State official with responsibility for determining the effect that 
a conviction may have on an offender's qualification to vote, the United 
States attorney shall provide such additional information as the United 
States attorney may have concerning the offender and the offense of 
which the offender was convicted.
    (4) If a conviction of which notice was given pursuant to paragraph 
(1) is overturned, the United States attorney shall give the official to 
whom the notice was given written notice of the vacation of the 
judgment.
    (5) The chief State election official shall notify the voter 
registration officials of the local jurisdiction in which an offender 
resides of the information received under this subsection.
    (h) Reduced Postal Rates.--(1) Subchapter II of chapter 36 of title 
39, United States Code, is amended by adding at the end the following:

``§3629. Reduced rates for voter registration purposes

    ``The Postal Service shall make available to a State or local voting 
registration official the rate for any class of mail that is available 
to a qualified nonprofit organization under section 3626 for the purpose 
of making a mailing that the official certifies is required or 
authorized by the National Voter Registration Act of 1993.''.
    (2) The first sentence of section 2401(c) of title 39, United States 
Code, is amended by striking out ``and 3626(a)-(h) and (j)-(k) of this 
title,'' and inserting in lieu thereof ``3626(a)-(h), 3626(j)-(k), and 
3629 of this title''.
    (3) Section 3627 of title 39, United States Code, is amended by 
striking out ``or 3626 of this title,'' and inserting in lieu thereof 
``3626, or 3629 of this title''.
    (4) The table of sections for chapter 36 of title 39, United States 
Code, is amended by inserting after the item relating to section 3628 
the following new item:

``3629. Reduced rates for voter registration purposes.''.

    (i) Public Disclosure of Voter Registration Activities.--(1) Each 
State shall maintain for at least 2 years and shall make available for 
public inspection and, where available, photocopying at a reasonable 
cost, all records concerning the implementation of programs and 
activities conducted for the purpose of ensuring the accuracy and 
currency of official lists of eligible voters, except to the extent that 
such records relate to a declination to register to vote or to the 
identity of a voter registration agency through which any particular 
voter is registered.
    (2) The records maintained pursuant to paragraph (1) shall include 
lists of the names and addresses of all persons to whom notices 
described in subsection (d)(2) are sent, and information concerning 
whether or not each such person has responded to the notice as of the 
date that inspection of the records is made.
    (j) Definition.--For the purposes of this section, the term 
``registrar's jurisdiction'' means--
        (1) an incorporated city, town, borough, or other form of 
    municipality;
        (2) if voter registration is maintained by a county, parish, or 
    other unit of government that governs a larger geographic area than 
    a municipality, the geographic area governed by that unit of 
    government; or
        (3) if voter registration is maintained on a consolidated basis 
    for more than one municipality or other unit of government by an 
    office that performs all of the functions of a voting registrar, the 
    geographic area of the consolidated municipalities or other 
    geographic units.

SEC. 9. FEDERAL COORDINATION AND REGULATIONS.

    (a) In General.--The Federal Election Commission--
        (1) in consultation with the chief election officers of the 
    States, shall prescribe such regulations as are necessary to carry 
    out paragraphs (2) and (3);
        (2) in consultation with the chief election officers of the 
    States, shall develop a mail voter registration application form for 
    elections for Federal office;
        (3) not later than June 30 of each odd-numbered year, shall 
    submit to the Congress a report assessing the impact of this Act on 
    the administration of elections for Federal office during the 
    preceding 2-year period and including recommendations for 
    improvements in Federal and State procedures, forms, and other 
    matters affected by this Act; and
        (4) shall provide information to the States with respect to the 
    responsibilities of the States under this Act.
    (b) Contents of Mail Voter Registration Form.--The mail voter 
registration form developed under subsection (a)(2)--
        (1) may require only such identifying information (including the 
    signature of the applicant) and other information (including data 
    relating to previous registration by the applicant), as is necessary 
    to enable the appropriate State election official to assess the 
    eligibility of the applicant and to administer voter registration 
    and other parts of the election process;
        (2) shall include a statement that--
            (A) specifies each eligibility requirement (including 
        citizenship);
            (B) contains an attestation that the applicant meets each 
        such requirement; and
            (C) requires the signature of the applicant, under penalty 
        of perjury;
        (3) may not include any requirement for notarization or other 
    formal authentication; and
        (4) shall include, in print that is identical to that used in 
    the attestation portion of the application--
            (i) the information required in section 8(a)(5) (A) and (B);
            (ii) a statement that, if an applicant declines to register 
        to vote, the fact that the applicant has declined to register 
        will remain confidential and will be used only for voter 
        registration purposes; and
            (iii) a statement that if an applicant does register to 
        vote, the office at which the applicant submits a voter 
        registration application will remain confidential and will be 
        used only for voter registration purposes.

SEC. 10. DESIGNATION OF CHIEF STATE ELECTION OFFICIAL.

    Each State shall designate a State officer or employee as the chief 
State election official to be responsible for coordination of State 
responsibilities under this Act.

SEC. 11. CIVIL ENFORCEMENT AND PRIVATE RIGHT OF ACTION.

    (a) 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 Act.
    (b) Private Right of Action.--(1) A person who is aggrieved by a 
violation of this Act may provide written notice of the violation to the 
chief election official of the State involved.
    (2) If the violation is not corrected within 90 days after receipt 
of a notice under paragraph (1), or within 20 days after receipt of the 
notice if the violation occurred within 120 days before the date of an 
election for Federal office, the aggrieved person may bring a civil 
action in an appropriate district court for declaratory or injunctive 
relief with respect to the violation.
    (3) If the violation occurred within 30 days before the date of an 
election for Federal office, the aggrieved person need not provide 
notice to the chief election official of the State under paragraph (1) 
before bringing a civil action under paragraph (2).
    (c) Attorney's Fees.--In a civil action under this section, the 
court may allow the prevailing party (other than the United States) 
reasonable attorney fees, including litigation expenses, and costs.
    (d) Relation to Other Laws.--(1) The rights and remedies established 
by this section are in addition to all other rights and remedies 
provided by law, and neither the rights and remedies established by this 
section nor any other provision of this Act shall supersede, restrict, 
or limit the application of the Voting Rights Act of 1965 (42 U.S.C. 
1973 et seq.).
    (2) Nothing in this Act authorizes or requires conduct that is 
prohibited by the Voting Rights Act of 1965 (42 U.S.C. 1973 et seq.).

SEC. 12. CRIMINAL PENALTIES.

    A person, including an election official, who in any election for 
Federal office--
        (1) knowingly and willfully intimidates, threatens, or coerces, 
    or attempts to intimidate, threaten, or coerce, any person for--
            (A) registering to vote, or voting, or attempting to 
        register or vote;
            (B) urging or aiding any person to register to vote, to 
        vote, or to attempt to register or vote; or
            (C) exercising any right under this Act; or
        (2) knowingly and willfully deprives, defrauds, or attempts to 
    deprive or defraud the residents of a State of a fair and 
    impartially conducted election process, by--
            (A) the procurement or submission of voter registration 
        applications that are known by the person to be materially 
        false, fictitious, or fraudulent under the laws of the State in 
        which the election is held; or
            (B) the procurement, casting, or tabulation of ballots that 
        are known by the person to be materially false, fictitious, or 
        fraudulent under the laws of the State in which the election is 
        held,
shall be fined in accordance with title 18, United States Code (which 
fines shall be paid into the general fund of the Treasury, miscellaneous 
receipts (pursuant to section 3302 of title 31, United States Code), 
notwithstanding any other law), or imprisoned not more than 5 years, or 
both.

SEC. 13. EFFECTIVE DATE.

    This Act shall take effect--
        (1) with respect to a State that on the date of enactment of 
    this Act has a provision in the constitution of the State that would 
    preclude compliance with this Act unless the State maintained 
    separate Federal and State official lists of eligible voters, on the 
    later of--
            (A) January 1, 1996; or
            (B) the date that is 120 days after the date by which, under 
        the constitution of the State as in effect on the date of 
        enactment of this Act, it would be legally possible to adopt and 
        place into effect any amendments to the constitution of the 
        State that are necessary to permit such compliance with this Act 
        without requiring a special election; and
        (2) with respect to any State not described in paragraph (1), on 
    January 1, 1995.







                                Speaker of the House of Representatives.







                             Vice President of the United States and    
                                                President of the Senate.