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Code · BILL · 116th Congress · S. 549 (Introduced in Senate) — To modernize voter registration, promote access to voting for individuals with disabilities, protect the ability of i... · Sec. 101

Sec. 101. Requiring availability of Internet for voter registration

1,296 words·~6 min read·/bill/116/s/549/is/section-101

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

The National Voter Registration Act of 1993 ( 52 U.S.C. 20501 et seq.) is amended by inserting after section 6 the following new section: Each State, acting through the chief State election official, shall ensure that the following services are available to the public at any time on the official public websites of the appropriate State and local election officials in the State, in the same manner and subject to the same terms and conditions as the services provided by voter registration agencies under section 7(a):
Online application for voter registration. Online assistance to applicants in applying to register to vote. Online completion and submission by applicants of the mail voter registration application form prescribed by the Election Assistance Commission pursuant to section 9(a)(2), including assistance with providing a signature as required under subsection (c). Online receipt of completed voter registration applications. A State shall accept an online voter registration application provided by an individual under this section, and ensure that the individual is registered to vote in the State, if— the individual meets the same voter registration requirements applicable to individuals who register to vote by mail in accordance with section 6(a)(1) using the mail voter registration application form prescribed by the Election Assistance Commission pursuant to section 9(a)(2); and the individual meets the requirements of subsection
(c)to provide a signature in electronic form (but only in the case of applications submitted during or after the second year in which this section is in effect in the State). For purposes of this section, an individual meets the requirements of this subsection as follows: In the case of an individual who has a signature on file with a State agency, including the State motor vehicle authority, that is required to provide voter registration services under this Act or any other law, the individual consents to the transfer of that electronic signature. If subparagraph
(A)does not apply, the individual submits with the application an electronic copy of the individual’s handwritten signature through electronic means. If subparagraph
(A)and subparagraph
(B)do not apply, the individual executes a computerized mark in the signature field on an online voter registration application, in accordance with reasonable security measures established by the State, but only if the State accepts such mark from the individual. If an individual is unable to meet the requirements of paragraph (1), the State shall— permit the individual to complete all other elements of the online voter registration application; permit the individual to provide a signature at the time the individual requests a ballot in an election (whether the individual requests the ballot at a polling place or requests the ballot by mail); and if the individual carries out the steps described in subparagraph
(A)and subparagraph (B), ensure that the individual is registered to vote in the State. The State shall ensure that individuals applying to register to vote online are notified of the requirements of paragraph
(1)and of the treatment of individuals unable to meet such requirements, as described in paragraph (2). Upon the online submission of a completed voter registration application by an individual under this section, the appropriate State or local election official shall send the individual a notice confirming the State’s receipt of the application and providing instructions on how the individual may check the status of the application. As soon as the appropriate State or local election official has approved or rejected an application submitted by an individual under this section, the official shall send the individual a notice of the disposition of the application. The appropriate State or local election official shall send the notices required under this subsection by regular mail, and, in the case of an individual who has requested that the State provide voter registration and voting information through electronic mail, by both electronic mail and regular mail. The services made available under subsection
(a)shall be provided in a manner that ensures that, consistent with section 7(a)(5)— the online application does not seek to influence an applicant’s political preference or party registration; and there is no display on the website promoting any political preference or party allegiance, except that nothing in this paragraph may be construed to prohibit an applicant from registering to vote as a member of a political party. In meeting the requirements of this section, the State shall establish appropriate technological security measures to prevent to the greatest extent practicable any unauthorized access to information provided by individuals using the services made available under subsection (a). A State shall make the services made available online under subsection
(a)available through the use of an automated telephone-based system, subject to the same terms and conditions applicable under this section to the services made available online, in addition to making the services available online in accordance with the requirements of this section. In carrying out this Act, the Help America Vote Act of 2002, or any other Federal, State, or local law governing the treatment of registered voters in the State or the administration of elections for public office in the State, a State shall treat a registered voter who registered to vote online in accordance with this section in the same manner as the State treats a registered voter who registered to vote by mail. . Section 303(b)(1)(A) of the Help America Vote Act of 2002 ( 52 U.S.C. 21083(b)(1)(A) ) is amended by striking by mail and inserting by mail or online under section 6A of the National Voter Registration Act of 1993 . Section 303(b) of such Act ( 52 U.S.C. 21083(b) ) is amended— by redesignating paragraph
(5)as paragraph (6); and by inserting after paragraph
(4)the following new paragraph: A State shall, in a uniform and nondiscriminatory manner, require an individual to meet the requirements of subparagraph
(B)if— the individual registered to vote in the State online under section 6A of the National Voter Registration Act of 1993; and the individual has not previously voted in an election for Federal office in the State. An individual meets the requirements of this subparagraph if— in the case of an individual who votes in person, the individual provides the appropriate State or local election official with a handwritten signature; or in the case of an individual who votes by mail, the individual submits with the ballot a handwritten signature. Subparagraph
(A)does not apply in the case of an individual who is— entitled to vote by absentee ballot under the Uniformed and Overseas Citizens Absentee Voting Act ( 52 U.S.C. 20302 et seq.); 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 ( 52 U.S.C. 20102(b)(2)(B)(ii) ); or entitled to vote otherwise than in person under any other Federal law. . Section 303(d)(2)(A) of such Act ( 52 U.S.C. 21083(d)(2)(A) ) is amended by striking Each State and inserting Except as provided in subsection (b)(5), each State . Section 8(a)(1) of the National Voter Registration Act of 1993 ( 52 U.S.C. 20507(a)(1) ) is amended— by striking and at the end of subparagraph (C); by redesignating subparagraph
(D)as subparagraph (E); and by inserting after subparagraph
(C)the following new subparagraph: in the case of online registration through the official public website of an election official under section 6A, if the valid voter registration application is submitted online not later than the lesser of 30 days, or the period provided by State law, before the date of the election (as determined by treating the date on which the application is sent electronically as the date on which it is submitted); and . Section 8(a)(5) of such Act ( 52 U.S.C. 20507(a)(5) ) is amended by striking and 7 and inserting 6A, and 7 .
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