< Back to H.R. 3163 (112th Congress, 2011–2013)

Text of the Easy Voting Act of 2011

This bill was introduced on October 12, 2011, in a previous session of Congress, but was not enacted. The text of the bill below is as of Oct 12, 2011 (Introduced).

Source: GPO

I

112th CONGRESS

1st Session

H. R. 3163

IN THE HOUSE OF REPRESENTATIVES

October 12, 2011

introduced the following bill; which was referred to the Committee on House Administration

A BILL

To amend the Help America Vote Act of 2002 to require any State offering an early voting period in elections for Federal office to make the period available for the entire 14-day period that precedes the date of the election, to prohibit States from imposing identification requirements on individuals who wish to vote or register to vote who are not otherwise required to provide identification under such Act, and for other purposes.

1.

Short title

This Act may be cited as the Easy Voting Act of 2011.

2.

Establishing minimum early voting period for jurisdictions conducting early voting

(a)

Minimum period

Subtitle A of title III of the Help America Vote Act of 2002 (42 U.S.C. 15481 et seq.) is amended by inserting after section 303 the following new section:

303A.

Requirements for States permitting early voting

(a)

Minimum early voting period

If a State permits individuals to cast ballots in an election for Federal office during a period that occurs prior to the date of the election in the same manner in which ballots are cast on the date of the election, the State shall ensure that such period includes the entire 14-day period (including Saturdays and Sundays) which ends on the date of the election.

(b)

Effective Date

Each State shall be required to comply with the requirements of this section beginning January 1, 2012.

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(b)

Conforming Amendment Relating to Enforcement

Section 401 of such Act (42 U.S.C. 15511) is amended by striking sections 301, 302, and 303 and inserting subtitle A of title III .

(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. Requirements for States permitting early voting

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3.

Prohibiting states from requiring State-issued identification as condition for voting or registering to vote

(a)

Prohibition

Subtitle A of title III of the Help America Vote Act of 2002 (42 U.S.C. 15481 et seq.), as amended by section 2(a), is amended by inserting after section 303A the following new section:

303B.

Prohibiting states from requiring State-issued identification as condition for voting or registering to vote

(a)

Prohibition

An election official may not require an individual to provide a State-issued identification (including an identification issued by a unit of local government in the State) as a condition of receiving or casting a ballot in any election for Federal office or of registering to vote in any election for Federal office.

(b)

No effect on requirements for certain voters who register by mail

Nothing in this section shall be construed to affect any requirement under section 303(b) that certain individuals who register to vote by mail present a form of identification as a condition of casting a ballot in an election.

(c)

Effective date

Each State shall be required to comply with the requirements of this section beginning January 1, 2012.

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(b)

Clerical amendment

The table of contents of such Act, as amended by section 2(c), is amended by inserting after the item relating to section 303A the following new item:

Sec. 303B. Prohibiting States from requiring State-issued identification as condition for voting or registering to vote

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4.

Requiring states to make same-day voter registration and change of address service available

(a)

Requirement

(1)

In general

Subtitle A of title III of the Help America Vote Act of 2002 (42 U.S.C. 15481 et seq.), as amended by section 3(a), is amended by inserting after section 303B the following new section:

303C.

Election day registration and change of address service

(a)

In general

(1)

Registration

Notwithstanding section 8(a)(1)(D) of the National Voter Registration Act of 1993 (42 U.S.C. 1973gg–6), each State shall permit any individual on the day of an election for Federal office—

(A)

to register to vote in such election at the polling place using a form that meets the requirements of section 9(b) of the National Voter Registration Act of 1993; and

(B)

if, on the basis of registering to vote under subparagraph (A), the individual is qualified to vote in such election, to cast a vote in such election.

(2)

Change of address service for registered voters

If an individual who is a registered voter in a State moves to a new address in the State but does not provide the appropriate State election official with information on the new address prior to appearing at a polling place to cast a vote in an election for Federal office, the State shall permit the individual—

(A)

to provide such information at the polling place using a change of address form developed by the State; and

(B)

notwithstanding section 302(a), to cast a regular ballot instead of a provisional ballot for the election.

(3)

Exception

The requirements under paragraphs (1) and (2) shall not apply to a State in which, under a State law in effect continuously on and after the date of the enactment of this Act, there is no voter registration requirement for individuals in the State with respect to elections for Federal office.

(b)

Transmittal of forms to State election officials

The appropriate election official at the polling place shall transmit a voter registration form provided by an individual at the polling place under subsection (a)(1) or a change of address form provided by an individual at the polling place under subsection (a)(2) to the appropriate State election official at the time the official transmits the ballots cast in the election.

(c)

Effective date

Each State shall be required to comply with the requirements of this section beginning January 1, 2012.

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(2)

Clerical amendment

The table of contents of such Act, as amended by section 3(b), is amended by inserting after the item relating to section 303B the following new item:

Sec. 303C. Election Day registration and change of address service

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(b)

Application to early voting sites

Section 303A of such Act, as added by section 2(a), is amended—

(1)

by redesignating subsection (b) as subsection (c); and

(2)

by inserting after subsection (a) the following new subsection:

(b)

Application of Election Day Registration and Change of Address Service to Early Voting

At each polling place in a State which allows voting prior to the day of a Federal election (as described in subsection (a)), the State shall permit individuals to register to vote in the same manner as the State is required to permit individuals to register to vote and vote on the day of the election under section 303C(a)(1), and shall provide change of address service in the same manner as the State is required to provide such service under section 303C(a)(2).

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