DemocracyCorps Act — S. 3822, 116th Congress, 2d Session (To establish DemocracyCorps to assist State and local governments)
Summary
S. 3822, the DemocracyCorps Act, was introduced in the Senate on May 21, 2020 by Mr. Booker and referred to the Committee on Rules and Administration. Its stated purposes are to establish DemocracyCorps to assist State and local governments administer elections and to promote democracy, to establish special procedures and authorize funding for Federal election in 2020 in response to COVID-19, and to amend the Help America Vote Act of 2002. The table of contents lists Title I on DemocracyCorps, including a board of directors, a chief executive officer and members, and Title II on special rules relating to certain elections in 2020, including polling place modifications and grants to promote safe, accessible, and efficient in-person voting.
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“DemocracyCorps Act — S. 3822, 116th Congress, 2d Session (To establish DemocracyCorps to assist State and local governments).”
Original at www.govinfo.gov. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/bills-bills-116s3822is-bills-116s3822is/
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II
116TH CONGRESS
2D SESSION
S. 3822
To establish DemocracyCorps to assist State and local governments administer
elections and to promote democracy, to establish special procedures and
authorize funding for Federal election in 2020 in response to COVID–
19, to amend the Help America Vote Act of 2002 to establish additional
permanent requirements for Federal elections, and for other purposes.
IN THE SENATE OF THE UNITED STATES
MAY 21, 2020
Mr. BOOKER introduced the following bill; which was read twice and referred
to the Committee on Rules and Administration
A BILL
To establish DemocracyCorps to assist State and local gov-
ernments administer elections and to promote democracy,
to establish special procedures and authorize funding
for Federal election in 2020 in response to COVID–
19, to amend the Help America Vote Act of 2002 to
establish additional permanent requirements for Federal
elections, and for other purposes.
1 Be it enacted by the Senate and House of Representa-
2 tives of the United States of America in Congress assembled,
3 SECTION 1. SHORT TITLE, ETC.
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4 (a) SHORT TITLE.—This Act may be cited as the
5 ‘‘DemocracyCorps Act’’.
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1 (b) TABLE OF CONTENTS.—The table of contents of
2 this Act is as follows:
Sec. 1. Short title, etc.
TITLE I—DEMOCRACYCORPS
Sec. 101. Establishment.
Sec. 102. Board of directors.
Sec. 103. Authorities and duties of the board of directors.
Sec. 104. Chief executive officer.
Sec. 105. Authorities and duties of the chief executive officer.
Sec. 106. Officers.
Sec. 107. Employees, consultants, and other personnel.
Sec. 108. Members.
Sec. 109. Reporting requirements.
Sec. 110. Authorization of appropriations.
TITLE II—SPECIAL RULES RELATING TO CERTAIN ELECTIONS IN
2020
Sec. 201. Special requirements for Federal elections in 2020 relating to
COVID–19.
Sec. 202. Polling place modifications.
Sec. 203. Grants to promote safe, accessible, and efficient in-person voting.
TITLE III—ADDITIONAL REQUIREMENTS FOR FEDERAL
ELECTIONS
Sec. 301. Voting by mail in Federal elections.
Sec. 302. Requirement to allow for early voting.
Sec. 303. Requirement for acceptance of voter registration applications.
TITLE IV—FUNDING
Sec. 401. Suspension of state matching requirement for election security grants
provided under the CARES Act.
3 TITLE I—DEMOCRACYCORPS
4 SEC. 101. ESTABLISHMENT.
5 (a) IN GENERAL.—There is established a Govern-
6 ment corporation (as defined in section 103, of title 5,
7 United States Code) to be know as ‘‘DemocracyCorps’’.
8 (b) PURPOSE.—DemocracyCorps shall—
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1 (1) assist States and local governments in the
2 administration of Federal, State, and local elections;
3 and
4 (2) engage in activities that promote participa-
5 tion in American democracy.
6 SEC. 102. BOARD OF DIRECTORS.
7 (a) COMPOSITION.—
8 (1) IN GENERAL.—DemocracyCorps shall have
9 a Board of Directors (referred to in this title as the
10 ‘‘Board’’) that shall be composed of—
11 (A) 15 members appointed by the Presi-
12 dent, by and with the advice and consent of the
13 Senate, of whom—
14 (i) one shall be an individual between
15 the ages of 16 and 25;
16 (ii) one shall be a representative of
17 the Native American community; and
18 (iii) one shall be a representative of
19 the disability community; and
20 (B) the ex officio nonvoting members de-
21 scribed in paragraph (3).
22 (2) QUALIFICATIONS.—In make appointments
23 under paragraph (1)(A), to the maximum extent
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24 practicable, the President—
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1 (A) shall appoint individuals who have ex-
2 perience in expanding voting rights and pro-
3 tecting the right to vote; and
4 (B) shall not appoint individuals who have
5 conducted activities related to expanding, devel-
6 oping, or implementing any of the following:
7 (i) A law which requires photograph-
8 bearing identification as a requirement to
9 register to vote or to vote, except as may
10 be required when serving as a nonpartisan
11 poll worker and applying uniform proce-
12 dures to confirm individual’s eligibility to
13 cast a ballot under applicable laws.
14 (ii) A program that removes the
15 names of ineligible voters from the official
16 lists of eligible voters, except where a voter
17 requests removal, is confirmed to have died
18 or become ineligible by reason of incapacity
19 or conviction, or is removed pursuant to
20 the procedures set forth in section 8(d) of
21 the National Voter Registration Act of
22 1993 (52 U.S.C. 20507(d)).
23 (iii) A law which prohibits voter reg-
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24 istration unless the voter submits docu-
25 mentary proof of citizenship.
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1 (iv) A law which prohibits voter reg-
2 istration unless the information on a voter
3 registration application is an exact match
4 with information previously provided to the
5 State or jurisdiction.
6 (v) Any law that has the effect of dis-
7 couraging or preventing any eligible voters
8 from voting.
9 (vi) Any law, policy, or activity that—
10 (I) provides additional procedural
11 or substantive prerequisites for reg-
12 istering to vote or voting; or
13 (II) has the effect of discour-
14 aging or preventing any eligible voters
15 from registering to vote or voting.
16 (3) EX OFFICIO MEMBERS.—The following indi-
17 viduals (or a delegate of such individual) shall be ex
18 officio nonvoting members described in this para-
19 graph:
20 (A) The Attorney General.
21 (B) Each member of the Election Assist-
22 ance Commission.
23 (C) The Secretary of Housing and Urban
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24 Development.
25 (D) The Secretary of Homeland Security.
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1 (E) The Chief Executive Officer.
2 (F) The Secretary of Defense.
3 (b) OFFICERS.—
4 (1) CHAIRPERSON.—The President shall ap-
5 point a member of the Board to serve as the initial
6 Chairperson of the Board. Each subsequent Chair-
7 person shall be elected by the Board from among its
8 members.
9 (2) VICE CHAIRPERSON.—The Board shall elect
10 a Vice Chairperson from among its membership.
11 (3) OTHER OFFICERS.—The Board may elect
12 from among its membership such additional officers
13 of the Board as the Board determines to be appro-
14 priate.
15 (c) TERMS.—Subject to subsection (e), each ap-
16 pointed member shall serve for a term of 5 years.
17 (d) VACANCIES.—If a vacancy occurs on the Board,
18 a new member shall be appointed by the President, by and
19 with the advice and consent of the Senate, and serve for
20 the remainder of the term for which the predecessor of
21 such member was appointed. The vacancy shall not affect
22 the power of the remaining members to execute the duties
23 of the Board.
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24 (e) SERVICE UNTIL APPOINTMENT OF SUCCESSOR.—
25 A voting member of the Board whose term has expired
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1 may continue to serve on the Board until the date on
2 which the member’s successor takes office, which period
3 shall not exceed 1 year.
4 SEC. 103. AUTHORITIES AND DUTIES OF THE BOARD OF DI-
5 RECTORS.
6 (a) MEETINGS.—The Board shall meet not less often
7 than 4 times each year. The Board shall hold additional
8 meetings at the call of the Chairperson of the Board, or
9 if 6 members of the Board request such meetings in writ-
10 ing.
11 (b) QUORUM.—A majority of the appointed members
12 of the Board shall constitute a quorum.
13 (c) AUTHORITIES OF OFFICERS.—
14 (1) CHAIRPERSON.—The Chairperson of the
15 Board may call and conduct meetings of the Board.
16 (2) VICE CHAIRPERSON.—The Vice Chairperson
17 of the Board may conduct meetings of the Board in
18 the absence of the Chairperson.
19 (d) EXPENSES.—While away from their homes or
20 regular places of business on the business of the Board,
21 members of such Board shall be allowed travel expenses,
22 including per diem in lieu of subsistence, at rates author-
23 ized for employees of agencies under subchapter I of chap-
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24 ter 57 of title 5, United States Code, for persons employed
25 intermittently in the Government service.
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1 (e) SPECIAL GOVERNMENT EMPLOYEES.—For pur-
2 poses of the provisions of chapter 11 of part I of title 18,
3 United States Code, and any other provision of Federal
4 law, a member of the Board (to whom such provisions
5 would not otherwise apply except for this subsection) shall
6 be a special Government employee.
7 (f) DUTIES.—The Board shall have responsibility for
8 setting overall policy for DemocracyCorps and shall work
9 to expand the number of people who participate in Amer-
10 ican democracy.
11 (g) LIMITATION ON PARTICIPATION.—All employees
12 and officers of DemocracyCorps shall recuse themselves
13 from decisions that would constitute conflicts of interest.
14 SEC. 104. CHIEF EXECUTIVE OFFICER.
15 (a) APPOINTMENT.—DemocracyCorps shall be head-
16 ed by an individual who shall serve as Chief Executive Of-
17 ficer of DemocracyCorps, and who shall be appointed by
18 the President, by and with the advice and consent of the
19 Senate.
20 (b) COMPENSATION.—The Chief Executive Officer
21 shall be compensated at the rate provided for level III of
22 the Executive Schedule under section 5314 of title 5,
23 United States Code, plus 3 percent.
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1 (c) REGULATIONS.—The Chief Executive Officer
2 shall prescribe such rules and regulations as are necessary
3 or appropriate to carry out this title.
4 SEC. 105. AUTHORITIES AND DUTIES OF THE CHIEF EXECU-
5 TIVE OFFICER.
6 (a) GENERAL POWERS AND DUTIES.—The Chief Ex-
7 ecutive Officer shall be responsible for the exercise of the
8 powers and the discharge of the duties of DemocracyCorps
9 that are not reserved to the Board, and shall have author-
10 ity and control over all personnel of DemocracyCorps, ex-
11 cept as provided in section 8E of the Inspector General
12 Act of 1978.
13 (b) DUTIES.—The Chief Executive Officer, in col-
14 laboration with the State Commissions, shall—
15 (1) prepare and submit to the Board a strategic
16 plan every 2 years on the major functions and oper-
17 ations of DemocracyCorps; and
18 (2) prepare and submit to the Board a proposal
19 with respect to the allocation of members to States.
20 (c) POWERS.—In addition to the authority conferred
21 on the Chief Executive Officer under any other provision
22 of law, the Chief Executive Officer may—
23 (1) engage in hiring campaigns to recruit mem-
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24 bers;
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1 (2) file a civil action in any court of record of
2 a State having general jurisdiction or in any district
3 court of the Unite States, with respect to a claim
4 arising under this title; and
5 (3) generally perform such functions and take
6 such steps consistent with the objectives and provi-
7 sions of this title and the laws described in section
8 108(c)(4), as the Chief Executive Officer determines
9 to be necessary or appropriate to carry out such pro-
10 visions.
11 (d) DELEGATION.—
12 (1) DEFINITION.—As used in this subsection,
13 the term ‘‘function’’ means any duty, obligation,
14 power, authority, responsibility, right, privilege, ac-
15 tivity, or program.
16 (2) IN GENERAL.—Except as otherwise prohib-
17 ited by law or provided in this title, the Chief Execu-
18 tive Officer may delegate any function under this
19 title, and authorize such successive redelegations of
20 such function as may be necessary or appropriate.
21 No delegation of a function by the Chief Executive
22 Officer under this subsection or under any other
23 provision of this title shall relieve such Chief Execu-
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24 tive Officer of responsibility for the administration
25 of such function.
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1 (3) FUNCTION OF BOARD.—The Chief Execu-
2 tive Officer may not delegate a function of the
3 Board without the permission of the Board.
4 SEC. 106. OFFICERS.
5 (a) MANAGING DIRECTORS.—
6 (1) IN GENERAL.—There shall be in
7 DemocracyCorps 2 Managing Directors, who shall
8 be appointed by the President, and who shall report
9 to the Chief Executive Officer.
10 (2) COMPENSATION.—The Managing Directors
11 shall be compensated at the rate provided for level
12 IV of the Executive Schedule under section 5315 of
13 title 5, United States Code.
14 (3) DUTIES.—DemocracyCorps shall determine
15 the programs for which the Managing Directors
16 shall have primary responsibility and shall establish
17 the divisions of DemocracyCorps to be headed by the
18 Managing Directors.
19 (b) INSPECTOR GENERAL.—
20 (1) OFFICE.—There shall be in Democracy-
21 Corps an Office of the Inspector General.
22 (2) APPOINTMENT.—The Office shall be headed
23 by an Inspector General, appointed in accordance
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24 with the Inspector General Act of 1978.
25 (c) CHIEF FINANCIAL OFFICER.—
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1 (1) IN GENERAL.—There shall be in Democra-
2 cyCorps a Chief Financial Officer, who shall be ap-
3 pointed by the Chief Executive Officer.
4 (2) DUTIES.—The Chief Financial Officer
5 shall—
6 (A) report directly to the Chief Executive
7 Officer regarding financial management mat-
8 ters;
9 (B) oversee all financial management ac-
10 tivities relating to the programs and operations
11 of DemocracyCorps;
12 (C) develop and maintain an integrated ac-
13 counting and financial management system for
14 DemocracyCorps, including financial reporting
15 and internal controls;
16 (D) develop and maintain any joint finan-
17 cial management systems with the Department
18 of Education necessary to carry out the pro-
19 grams of DemocracyCorps; and
20 (E) direct, manage, and provide policy
21 guidance and oversight of the financial manage-
22 ment personnel, activities, and operations of
23 DemocracyCorps.
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1 SEC. 107. EMPLOYEES, CONSULTANTS, AND OTHER PER-
2 SONNEL.
3 (a) EMPLOYEES.—Except as provided in subsection
4 (b), section 108, and section 8E of the Inspector General
5 Act of 1978, the Chief Executive Officer shall, in accord-
6 ance with applicable provisions of title 5, United States
7 Code, appoint and determine the compensation of such
8 employees as the Chief Executive Officer determines to be
9 necessary to carry out the duties of DemocracyCorps.
10 (b) ALTERNATIVE PERSONNEL SYSTEM.—
11 (1) AUTHORITY.—The Chief Executive Officer
12 may designate positions in DemocracyCorps as posi-
13 tions to which the Chief Executive Officer may make
14 appointments, and for which the Chief Executive Of-
15 ficer may determine compensation, without regard to
16 the provisions of title 5, United States Code, gov-
17 erning appointments in the competitive service, and
18 without regard to the provisions of chapter 51 and
19 subchapter III of chapter 53 of such title relating to
20 classification and General Schedule pay rates, to the
21 extent the Chief Executive Officer determines that
22 such a designation is appropriate and desirable to
23 further the effective operation of DemocracyCorps.
24 The Chief Executive Officer may provide for ap-
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25 pointments to such positions to be made on a limited
26 term basis.
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1 (2) APPOINTMENT IN THE COMPETITIVE SERV-
2 ICE AFTER EMPLOYMENT UNDER ALTERNATIVE PER-
3 SONNEL SYSTEM.—The Director of the Office of
4 Personnel Management may grant competitive sta-
5 tus for appointment to the competitive service, under
6 such conditions as the Director may prescribe, to an
7 employee who is appointed under this subsection and
8 who is separated from DemocracyCorps (other than
9 by removal for cause).
10 (3) SELECTION AND COMPENSATION SYSTEM.—
11 (A) ESTABLISHMENT OF SYSTEM.—The
12 Chief Executive Officer, after obtaining the ap-
13 proval of the Director of the Office of Personnel
14 Management, shall issue regulations estab-
15 lishing a selection and compensation system for
16 employees of DemocracyCorps appointed under
17 paragraph (1). In issuing such regulations, the
18 Chief Executive Officer shall take into consider-
19 ation the need for flexibility in such a system.
20 (B) APPLICATION.—The Chief Executive
21 Officer shall appoint and determine the com-
22 pensation of employees in accordance with the
23 selection and compensation system established
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24 under subparagraph (A).
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1 (C) SELECTION.—The system established
2 under subparagraph (A) shall provide for the
3 selection of employees—
4 (i) through a competitive process; and
5 (ii) on the basis of the qualifications
6 of applicants and the requirements of the
7 positions.
8 (D) COMPENSATION.—The system estab-
9 lished under subparagraph (A) shall include a
10 scheme for the classification of positions in
11 DemocracyCorps. The system shall require that
12 the compensation of an employee be determined
13 in part on the basis of the job performance of
14 the employee, and in a manner consistent with
15 the principles described in section 5301 of title
16 5, United States Code. The rate of compensa-
17 tion for each employee compensated under the
18 system shall not exceed the annual rate of basic
19 pay payable for level IV of the Executive Sched-
20 ule under section 5315 of title 5, United States
21 Code.
22 (c) CONSULTANTS.—The Chief Executive Officer
23 may procure the temporary and intermittent services of
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24 experts and consultants and compensate the experts and
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1 consultants in accordance with section 3109(b) of title 5,
2 United States Code.
3 (d) DETAILS OF PERSONNEL.—The head of any Fed-
4 eral department or agency may detail on a reimbursable
5 basis, or on a nonreimbursable basis for not to exceed 180
6 calendar days during any fiscal year, as agreed upon by
7 the Chief Executive Officer and the head of the Federal
8 agency, any of the personnel of that department or agency
9 to DemocracyCorps to assist the DemocracyCorps in car-
10 rying out the duties of DemocracyCorps under this title.
11 Any detail shall not interrupt or otherwise affect the civil
12 service status or privileges of the Federal employee.
13 (e) ADVISORY COMMITTEES.—
14 (1) ESTABLISHMENT.—The Chief Executive Of-
15 ficer, acting upon the recommendation of the Board,
16 may establish advisory committees in Democracy-
17 Corps to advise the Board with respect to the alloca-
18 tion members to States in accordance with section
19 108(d)(1).
20 (2) COMPOSITION.—Such an advisory com-
21 mittee shall be composed of members appointed by
22 the Chief Executive Officer, with such qualifications
23 as the Chief Executive Officer may specify.
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1 (3) EXPENSES.—Members of such an advisory
2 committee may be allowed travel expenses as de-
3 scribed in section 103(d).
4 (4) STAFF.—
5 (A) IN GENERAL.—Except as provided in
6 subparagraph (B), the Chief Executive Officer
7 is authorized to appoint and fix the compensa-
8 tion of such staff as the Chief Executive Officer
9 determines to be necessary to carry out the
10 functions of the advisory committee, without re-
11 gard to—
12 (i) the provisions of title 5, United
13 States Code, governing appointments in
14 the competitive service; and
15 (ii) the provisions of chapter 51 and
16 subchapter III of chapter 53 of such title
17 relating to classification and General
18 Schedule pay rates.
19 (B) COMPENSATION.—If a member of the
20 staff appointed under subparagraph (A) was
21 appointed without regard to the provisions de-
22 scribed in clauses (i) and (ii) of subparagraph
23 (A), the rate of compensation for such member
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24 may not exceed the maximum rate of basic pay
25 payable for GS–13 of the General Schedule
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1 under section 5332 of title 5, United States
2 Code.
3 (f) PERSONAL SERVICES CONTRACTS.—Democracy-
4 Corps may enter into personal services contracts to carry
5 out research, evaluation, and public awareness related to
6 the provisions of this title and the laws described in section
7 108(c)(4).
8 SEC. 108. MEMBERS.
9 (a) IN GENERAL.—DemocracyCorps shall—
10 (1) recruit and employ members as provided in
11 subsection (b);
12 (2) train members as provided in subsection (c);
13 and
14 (3) assign and manage members as provided in
15 subsection (d).
16 (b) MEMBERS.—
17 (1) CAPACITY.—The DemocracyCorps shall em-
18 ploy not more than 35,000 members.
19 (2) QUALIFICATIONS.—No person may be a
20 member unless such person is at least 18 years of
21 age.
22 (3) TERMS OF EMPLOYMENT.—
23 (A) DURATION.—A member shall be em-
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24 ployed for a 2-year period that commences at
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1 the conclusion of each regularly scheduled elec-
2 tion for Federal office.
3 (B) HOURS.—
4 (i) IN GENERAL.—Members shall not
5 be required to work more than 40 hours
6 per week.
7 (ii) EXCEPTION.—Clause (i) shall not
8 apply to the 30-day period preceding the
9 date of any election in the jurisdiction to
10 which the member is assigned.
11 (C) COMPENSATION.—
12 (i) WAGES.—
13 (I) IN GENERAL.—Members shall
14 be compensated at a rate equal to $15
15 per hour plus locality pay determined
16 in the same manner as provided in
17 section 5304 of title 5, United States
18 Code.
19 (II) INFLATION ADJUSTMENT.—
20 In the case of any calendar year be-
21 ginning after 2020, the $15 amount
22 in subclause (I) shall be increased by
23 the percent difference determined
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24 under section 315(c)(1)(A) of the
25 Federal Election Campaign Act of
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1 1971 (52 U.S.C. 30116(c)(1)(A)) (de-
2 termined as if the base year were
3 2019)). If any amount after adjust-
4 ment under the preceding sentence is
5 not a multiple of $0.10, such amount
6 shall be rounded to the nearest mul-
7 tiple of $0.10.
8 (ii) STUDENT LOAN REPAYMENT AND
9 FORBEARANCE.—
10 (I) IN GENERAL.—Democracy-
11 Corps shall—
12 (aa) repay qualified student
13 loans in accordance with sub-
14 clause (II); and
15 (bb) pay interest expenses in
16 accordance with regulations pre-
17 scribed pursuant to subclause
18 (III).
19 (II) STUDENT LOAN REPAY-
20 MENT.—
21 (aa) APPLICATION.—A
22 member who desires to receive
23 repayment of qualified student
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24 loans shall submit, in a manner
25 prescribed by DemocracyCorps,
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1 an application to Democracy-
2 Corps.
3 (bb) DISBURSEMENT.—
4 Upon receipt of an application
5 from a member, DemocracyCorps
6 shall disburse an amount equal
7 to the maximum amount of a
8 Federal Pell Grant under section
9 401 of the Higher Education Act
10 of 1965 (20 U.S.C. 1070a) that
11 a student eligible for such Grant
12 may receive in the aggregate
13 (without regard to whether the
14 funds are provided through dis-
15 cretionary or mandatory appro-
16 priations), for the award year
17 during which the application was
18 received. Such disbursement shall
19 be made by check or other means
20 that is payable to the holder of
21 the loan and requires the en-
22 dorsement or other certification
23 by the member.
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24 (III) INTEREST PAYMENTS DUR-
25 ING FORBEARANCE ON LOAN REPAY-
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1 MENT.—DemocracyCorps shall pro-
2 vide by regulation for the payment on
3 behalf of a member of interest that
4 accrues during a period for which
5 such member has obtained forbear-
6 ance in the repayment of a qualified
7 student loan, if the member success-
8 fully completes the member’s term of
9 employment. Such regulations shall be
10 prescribed after consultation with the
11 Secretary of Education.
12 (IV) DEFINITION OF QUALIFIED
13 STUDENT LOANS.—As used in this
14 clause, the term ‘‘qualified student
15 loans’’ means—
16 (aa) any loan made, insured,
17 or guaranteed pursuant to title
18 IV of the Higher Education Act
19 of 1965 (20 U.S.C. 1070 et seq.),
20 other than a loan to a parent of
21 a student pursuant to section
22 428B of such Act (20 U.S.C.
23 1078–2);
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24 (bb) any loan made pursu-
25 ant to title VII or VIII of the
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23
1 Public Health Service Act (42
2 U.S.C. 292a et seq.); and
3 (cc) any loan (other than a
4 loan described in item (aa) or
5 (bb)) determined by an institu-
6 tion of higher education to be
7 necessary to cover a student’s
8 educational expenses and made,
9 insured, or guaranteed by—
10 (AA) an eligible lender,
11 as defined in section 435 of
12 the Higher Education Act of
13 1965 (20 U.S.C. 1085);
14 (BB) the direct student
15 loan program under part D
16 of title IV of such Act (20
17 U.S.C. 1087a et seq.);
18 (CC) a State agency; or
19 (DD) a lender other-
20 wise determined eligible by
21 DemocracyCorps.
22 (c) TRAINING.—Members shall be trained by
23 DemocracyCorps (in consultation with election officials in
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24 the jurisdictions to which such members are assigned
25 under subsection (d)) in the following areas:
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1 (1) Voter registration (including automatic
2 voter registration, same-day voter registration, reg-
3 istration with application for a motor vehicle driver’s
4 license, mail-in registration, in-person registration,
5 and pre-registration for 16 and 17 year olds).
6 (2) Election administration (including voting by
7 mail, early voting, in-person voting, canvassing, and
8 certification).
9 (3) The history of voting rights in the United
10 States.
11 (4) The requirements of the following laws:
12 (A) The Voting Rights Act of 1965 (52
13 U.S.C. 10101 et seq.).
14 (B) The Help America Vote Act of 2002
15 (52 U.S.C. 20901 et seq.).
16 (C) The Voting Accessibility for the Elder-
17 ly and Handicapped Act (52 U.S.C. 20101 et
18 seq.).
19 (D) The Uniformed and Overseas Citizens
20 Absentee Voting Act (52 U.S.C. 20301 et seq.).
21 (E) The National Voter Registration Act
22 of 1993 (52 U.S.C. 20501 et seq.).
23 (F) The Americans with Disabilities Act of
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24 1990 (42 U.S.C. 12101 et seq.).
25 (5) Best practices and policies with respect to—
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25
1 (A) voters with disabilities;
2 (B) Limited English proficiency voters;
3 (C) Native American and Alaskan Native
4 voters;
5 (D) rural voters; and
6 (E) voters who reside in high-density
7 areas;
8 (6) The role of the United States Postal Service
9 in elections.
10 (7) Natural disaster and public health emer-
11 gency preparedness and safety measures.
12 (8) Election security.
13 (d) ASSIGNMENT AND DUTIES OF MEMBERS.—
14 (1) ASSIGNMENT.—
15 (A) IN GENERAL.—Each member shall be
16 assigned to a State.
17 (B) MAXIMUM NUMBER OF ASSIGNMENTS
18 PER STATE.—The number of members assigned
19 to any State shall be determined by the Chief
20 Executive Officer based on the following:
21 (i) The total population of the State.
22 (ii) The population within the State
23 located in the Indian Country (as defined
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24 in section 1151 of title 18, United States
25 Code) or on any land in Alaska owned pur-
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26
1 suant to the Alaska Native Claims Settle-
2 ment Act (43 U.S.C. 1601 et seq.).
3 (iii) The number of elected positions
4 within the State.
5 (2) DUTIES.—
6 (A) IN GENERAL.—Members assigned to a
7 State shall carry out the following duties:
8 (i) DEMOCRACY BUILDING.—Notwith-
9 standing whether a State has an agree-
10 ment with DemocracyCorps relating to any
11 services provided by members, members as-
12 signed to a State shall carry out the fol-
13 lowing duties in the State:
14 (I) Voter registration.
15 (II) Voter mobilization.
16 (III) Voter education (including
17 education about new procedures re-
18 quired under the amendments made
19 by this Act).
20 (ii) ELECTION ADMINISTRATION.—In
21 the case of members assigned to a State
22 that has an agreement with Democracy-
23 Corps to carry out such duties, members
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24 assigned to a State shall carry out the fol-
25 lowing additional duties:
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1 (I) Training and assisting State
2 and local election officials.
3 (II) Participating at the direction
4 of State and local election officials in
5 the administration of elections carried
6 out in such State (including as poll
7 workers).
8 (B) PROHIBITION.—A member shall not
9 perform any service that expands, develops, or
10 implements any of the following:
11 (i) A law which requires photograph-
12 bearing identification as a requirement to
13 register to vote or to vote, except as may
14 be required when serving as a nonpartisan
15 poll worker and applying uniform proce-
16 dures to confirm individual’s eligibility to
17 cast a ballot under applicable laws.
18 (ii) A program that removes the
19 names of ineligible voters from the official
20 lists of eligible voters, except where a voter
21 requests removal, is confirmed to have died
22 or become ineligible by reason of incapacity
23 or conviction, or is removed pursuant to
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24 the procedures set forth in section 8(d) of
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1 the National Voter Registration Act of
2 1993 (52 U.S.C. 20507(d)).
3 (iii) A law which prohibits voter reg-
4 istration unless the voter submits docu-
5 mentary proof of citizenship.
6 (iv) A law which prohibits voter reg-
7 istration unless the information on a voter
8 registration application is an exact match
9 with information previously provided to the
10 State or jurisdiction.
11 (v) Any law, policy, or activity that—
12 (I) provides additional procedural
13 or substantive prerequisites for reg-
14 istering to vote or voting; or
15 (II) has the effect of discour-
16 aging or preventing any eligible voters
17 from registering to vote or voting.
18 SEC. 109. REPORTING REQUIREMENTS.
19 Not later than March 1 of each odd numbered year,
20 DemocracyCorps shall submit to Congress a report on the
21 activities carried out by members in each State and juris-
22 diction during the preceding two-year period.
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1 SEC. 110. AUTHORIZATION OF APPROPRIATIONS.
2 (a) IN GENERAL.—There is authorized to be appro-
3 priated to carry out this title $1,100,000,000 for each of
4 fiscal year beginning with fiscal year 2020.
5 (b) AVAILABILITY.—Funds appropriated pursuant to
6 the authorization of appropriations in subsection (a) shall
7 remain available until expended.
8TITLE II—SPECIAL RULES RE-
9 LATING TO CERTAIN ELEC-
10 TIONS IN 2020
11 SEC. 201. SPECIAL REQUIREMENTS FOR FEDERAL ELEC-
12 TIONS IN 2020 RELATING TO COVID–19.
13 (a) APPLICABLE FEDERAL ELECTION.—For pur-
14 poses of this section, the term ‘‘applicable Federal elec-
15 tion’’ means any election for Federal office which occurs
16 on or after the date that is 60 days after the date of the
17 enactment of this Act and before January 1, 2021.
18 (b) REQUIREMENTS.—
19 (1) IN GENERAL.—In the case of any applicable
20 Federal election, each State and local jurisdiction
21 shall—
22 (A) permit no-excuse mail-in absentee vot-
23 ing as described in subsection (c); and
24 (B) establish a plan as described in sub-
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25 section (d) with respect to in-person voting, in-
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1 cluding during early voting periods and on the
2 day of the election.
3 (2) EARLY VOTING AND VOTER REGISTRATION
4 REQUIREMENTS.—For additional requirements ap-
5 plicable to certain elections for Federal office in
6 2020 and subsequent year, see sections 322 and 323
7 of the Help America Vote Act of 2002 (as added by
8 title III of this Act).
9 (c) NO-EXCUSE MAIL-IN ABSENTEE VOTING.—
10 (1) IN GENERAL.—No-excuse mail-in absentee
11 voting meets the requirements described in this sub-
12 section with respect to an applicable Federal elec-
13 tion, if the State—
14 (A) provides a no-excuse mail-in ballot to
15 every registered voter who requests such a bal-
16 lot (or, in the case of any State that does not
17 register voters, to every individual who is eligi-
18 ble to vote and requests such a ballot);
19 (B) allows voters to request a mail-in bal-
20 lot online;
21 (C) if the State requires a signature for
22 absentee ballots, allows voters to sign the ballot
23 by providing a mark or signature stamp or by
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24 providing a signature with the use of an assist-
25 ant because of age, disability, or other need;
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1 (D) accepts and counts ballots received be-
2 fore the state’s certification deadline if the bal-
3 lot—
4 (i) is postmarked by the date of the
5 election; or
6 (ii) includes an indication that it was
7 mailed by the date of the election;
8 (E) provides a pre-paid and self-sealing re-
9 turn envelope for each ballot furnished by mail;
10 (F) beginning with the date that is 45
11 days before the date of the election and ending
12 with the time that polls close on the date of the
13 election, provides in-person, secured drop boxes;
14 (G) before discarding any absentee ballot
15 for error or technicalities (including the failure
16 to meet any signature matching requirement
17 that is unrelated to voter qualification)—
18 (i) notifies the voter of any such de-
19 fects; and
20 (ii) provides the voter an opportunity
21 to cure such defects that—
22 (I) is uniform among all voters in
23 the State; and
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24 (II) in the case of any error re-
25 lating to a signature requirement,
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1 meets the requirements of paragraph
2 (2);
3 (H) in the case of any voter with disabil-
4 ities—
5 (i) provides the voter with access to
6 Remote Access Vote By Mail (RAVBM)
7 systems, ballot marking software, and
8 screen reading software; and
9 (ii) allows the voter to receive assist-
10 ance from a person of their choosing to
11 complete and submit a mail-in ballot; and
12 (I) ensures adequate support for language
13 minority voters, including multilingual versions
14 of vote-by-mail materials and language assist-
15 ance services.
16 (2) REQUIREMENTS RELATING TO SIGNATURE
17 DEFECTS.—The requirements of this paragraph re-
18 lating to any defect described in paragraph
19 (1)(G)(ii)(II) are the following:
20 (A) Except as provided in subparagraph
21 (B), the voter shall be allowed to cure the de-
22 fect through the same form of communication
23 with respect to which the notice of such defect
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24 is provided.
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1 (B) In any case in which a required signa-
2 ture is missing, the voter shall be provided an
3 opportunity to provide such signature on a form
4 provided by the State.
5 (C) Any determination of the validity of
6 the ballot shall be made by a group of two or
7 more election officials.
8 (D) The voter shall have the opportunity
9 to appeal any rejection of the ballot based on
10 the defect.
11 (d) PLAN TO IMPLEMENT CDC GUIDANCE.—
12 (1) IN GENERAL.—The requirement described
13 in this subsection with respect to in person voting is
14 met if the State establishes a plan to ensure that
15 polling places are implementing Centers for Disease
16 Control and Prevention guidance relating to
17 COVID–19 preparedness. Such plan must be final-
18 ized and approved by the State within 30 days of the
19 date of enactment of this Act.
20 (2) MINIMUM REQUIREMENTS.—At a minimum,
21 a State plan established under this subsection must
22 include a plan—
23 (A) to keep as many voting locations as
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24 possible open during the pandemic;
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1 (B) to prepare polling locations to imple-
2 ment social distancing protocols in lines and at
3 voting booths;
4 (C) to provide sufficient quantities of hy-
5 giene and cleaning supplies at polling locations;
6 (D) to increase the number of—
7 (i) voting machines available at each
8 polling place;
9 (ii) paper ballots and provisional bal-
10 lots (including the numbers of such ballots
11 that are translated, multilingual, or in-lan-
12 guage ballots) available at each polling
13 place; and
14 (iii) disposable ballot marking utensils
15 available at each polling place;
16 (E) to provide masks and other personal
17 protective equipment to poll workers;
18 (F) to provide additional compensation to
19 poll workers during the pandemic;
20 (G) to increase the number of poll workers
21 who can reliably staff voting locations;
22 (H) to provide training to poll workers on
23 pandemic conditions and COVID–19 prepared-
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24 ness; and
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1 (I) to educate voters on changes to proce-
2 dures or voting opportunities during the pan-
3 demic.
4 (e) PRIVATE RIGHT OF ACTION.—Any person ag-
5 grieved by a violation of paragraph (1) of subsection (a)
6 (relating to requirements for no-excuse mail-in absentee
7 voting) may bring an action for all appropriate remedies,
8 including injunctive relief and compensatory and punitive
9 damages, in a Federal district court of competent jurisdic-
10 tion.
11 (f) PAYMENTS TO STATES TO CARRY OUT REQUIRE-
12 MENTS.—
13 (1) IN GENERAL.—The Election Assistance
14 Commission shall makes a payment to each State to
15 carry out the requirements under this section. Such
16 payments shall be made not later than 30 days after
17 the date of enactment of this Act.
18 (2) AMOUNT OF PAYMENT.—
19 (A) IN GENERAL.—The amount of pay-
20 ment made to a State under this subsection
21 shall be the voting age population proportion
22 amount described in subparagraph (B).
23 (B) VOTING AGE POPULATION PROPOR-
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24 TION AMOUNT.—
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1 (i) IN GENERAL.—The voting age
2 population proportion amount described in
3 this paragraph is the product of—
4 (I) the amount made available
5 for payments under paragraph (3)
6 section; and
7 (II) the voting age population
8 proportion for the State (as defined in
9 clause (ii)).
10 (ii) VOTING AGE POPULATION PRO-
11 PORTION DEFINED.—The term ‘‘voting age
12 population proportion’’ means, with respect
13 to any State, the amount equal to the
14 quotient of—
15 (I) the voting age population of
16 the State (as determined by the most
17 recent American Community Survey
18 conducted by the Bureau of the Cen-
19 sus); and
20 (II) the total voting age popu-
21 lation of all States (as determined by
22 the most recent American Community
23 Survey conducted by the Bureau of
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24 the Census).
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1 (3) FUNDING.—There are authorized to be ap-
2 propriated to make payments under this subsection
3 $2,500,000,000 for fiscal year 2020.
4 SEC. 202. VOTING POLICY MODIFICATION NOTIFICATIONS.
5 Not later than 4 weeks before the date of an election
6 for Federal office, election administrators shall notify vot-
7 ers and the public by mailed notice and accessible publica-
8 tion online of any modifications to polling place locations,
9 voter registration procedures, absentee ballot procedures,
10 or deadlines for voter registration or submission of absen-
11 tee ballots in such election made to account for COVID–
12 19.
13 SEC. 203. GRANTS TO PROMOTE SAFE, ACCESSIBLE, AND
14 EFFICIENT IN-PERSON VOTING.
15 (a) IN GENERAL.—Subtitle D of title II of the Help
16 America Vote Act of 2002 (52 U.S.C. 21001 et seq.) is
17 amended by adding at the end the following:
18 ‘‘PART VII—GRANT PROGRAM TO PROMOTE
19 SAFE, ACCESSIBLE, AND EFFICIENT IN-PER-
20 SON VOTING
21 ‘‘SEC. 297. PAYMENTS TO STATES.
22 ‘‘(a) IN GENERAL.—The Commission shall make a
23 payment to each eligible State (as described in section
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24 298(a)). Such payments shall be made not later than 30
25 days after the date of enactment of this part.
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1 ‘‘(b) USE OF FUNDS.—An eligible State shall use the
2 payment received under this part to carry out one or more
3 of the authorized activities described in section 298(b)
4 with respect to elections for Federal office.
5 ‘‘(c) AMOUNT OF PAYMENT.—
6 ‘‘(1) IN GENERAL.—The amount of payment
7 made to an eligible State under this section shall be
8 the voting age population proportion amount de-
9 scribed in paragraph (2) plus any additional amount
10 determined by the Commission under paragraph (3).
11 ‘‘(2) VOTING AGE POPULATION PROPORTION
12 AMOUNT.—
13 ‘‘(A) IN GENERAL.—The voting age popu-
14 lation proportion amount described in this para-
15 graph is the product of—
16 ‘‘(i) the aggregate amount made avail-
17 able for payments under this section minus
18 the total of all of the additional payment
19 amounts determined under paragraph (3);
20 and
21 ‘‘(ii) the voting age population propor-
22 tion for the State (as defined in subpara-
23 graph (B)).
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24 ‘‘(B) VOTING AGE POPULATION PROPOR-
25 TION DEFINED.—The term ‘voting age popu-
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1 lation proportion’ means, with respect to an eli-
2 gible State, the amount equal to the quotient
3 of—
4 ‘‘(i) the voting age population of the
5 State (as determined by the most recent
6 American Community Survey conducted by
7 the Bureau of the Census); and
8 ‘‘(ii) the total voting age population of
9 all States (as determined by the most re-
10 cent American Community Survey con-
11 ducted by the Bureau of the Census).
12 ‘‘(3) DETERMINATION OF ADDITIONAL AMOUNT
13 BASED ON NEEDS OF VOTING AGE POPULATION IN
14 STATE.—The Commission shall, with respect to each
15 eligible State, determine an amount of payment for
16 the State in addition to the amount determined
17 under paragraph (2) based on the needs of the vot-
18 ing age population in the State. In determining such
19 additional amount of payment with respect to an eli-
20 gible State, the Commission shall take into ac-
21 count—
22 ‘‘(A) the number of individuals with in-
23 come below 250 percent of the poverty line ap-
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24 plicable to a family of the size involved (as de-
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1 termined under section 673(2) of the Democra-
2 cyCorps Block Grant Act (42 U.S.C. 9902(2));
3 ‘‘(B) the number of citizens of voting age
4 not fluent in English, as calculated for the pur-
5 pose of administering section 203 of the Voting
6 Rights Act (52 U.S.C. 10503);
7 ‘‘(C) the number of individuals with a dis-
8 ability as defined in section 3 of the Americans
9 with Disabilities Act of 1990 (42 U.S.C.
10 12102);
11 ‘‘(D) the number of individuals who live in
12 a nonmetropolitan area (as determined by the
13 Bureau of the Census); and
14 ‘‘(E) the number of individuals who belong
15 to an Indian tribe (as such term is defined in
16 section 4 of the Indian Self-Determination and
17 Education Assistance Act (25 U.S.C. 5304)).
18 ‘‘(4) DISTRIBUTION OF FUNDS TO UNITS OF
19 LOCAL GOVERNMENT.—At least 80 percent of funds
20 provided to a State under this part shall be distrib-
21 uted to units of local government to carry out one
22 or more of the authorized activities described in sec-
23 tion 298(b) with respect to elections for Federal of-
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24 fice.
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1 ‘‘SEC. 298. ELIGIBILITY FOR PAYMENT; AUTHORIZED AC-
2 TIVITIES.
3 ‘‘(a) IN GENERAL.—Each State that desires to re-
4 ceive a payment under this part shall submit a certifi-
5 cation of intent to use such funds for at least one of the
6 authorized activities described in subsection (b) with re-
7 spect to elections for Federal office.
8 ‘‘(b) AUTHORIZED ACTIVITIES DESCRIBED.—Funds
9 provided under this part shall be used for one or more
10 of the following authorized activities:
11 ‘‘(1) FUNDING TO ENSURE ELECTIONS ARE AC-
12 CESSIBLE DURING PANDEMIC.—Ensuring voters can
13 safely access polling sites during the COVID–19
14 pandemic, including—
15 ‘‘(A) expanding the number of voting loca-
16 tions, as well as the days and hours of early in-
17 person voting;
18 ‘‘(B) providing mobile voting centers and
19 temporary voting stations, including advance
20 notice of schedule and locations;
21 ‘‘(C) increasing the ratio of machines and
22 poll workers to voters in each precinct;
23 ‘‘(D) preparing polling locations to imple-
24 ment social distancing protocols in lines and
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25 voting booths;
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1 ‘‘(E) providing sufficient quantities of hy-
2 giene and cleaning supplies, including materials
3 to sanitize voting machines after each use;
4 ‘‘(F) increasing the number of paper bal-
5 lots available at each polling location;
6 ‘‘(G) providing masks, gloves, and other
7 personal protective equipment to poll workers;
8 ‘‘(H) increasing pay for poll workers dur-
9 ing the COVID–19 pandemic; and
10 ‘‘(I) providing voter education on changes
11 or improvements to election procedures, accessi-
12 bility, or voting opportunities during the pan-
13 demic.
14 ‘‘(2) FUNDING TO ENSURE ELECTIONS ARE AC-
15 CESSIBLE TO INDIVIDUALS WITH DISABILITIES DUR-
16 ING PANDEMIC.—Ensuring voters can safely reg-
17 ister, access polling sites, and vote by mail during
18 the COVID–19 pandemic, in accordance with this
19 Act, the Americans with Disabilities Act of 1990 (42
20 U.S.C. 12101 et seq.), the Voting Accessibility for
21 the Elderly and Handicapped Act (42 U.S.C. 1973ee
22 et seq.), and other applicable law, by improving poll-
23 ing place accessibility and providing accommodations
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24 for individuals with disabilities, including—
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1 ‘‘(A) purchasing Remote Access Vote By
2 Mail (RAVBM) systems, ballot marking devices
3 and software, and screen reading software, and
4 making them available to voters with disabil-
5 ities;
6 ‘‘(B) equipping polling locations with tech-
7 nologies that enable individuals with disabilities
8 to privately and independently mark, verify, and
9 cast their ballots, including through the avail-
10 ability of ballot marking devices, headsets, con-
11 trollers, and other assistive devices;
12 ‘‘(C) making permanent or temporary
13 modifications to render polling places accessible;
14 ‘‘(D) ensuring appropriate polling place
15 siting to avoid locations that pose higher health
16 risks to the public;
17 ‘‘(E) conducting analysis on polling place
18 reconfiguration to account for social distancing
19 and implementing changes;
20 ‘‘(F) providing training for poll workers on
21 how to best serve individuals during the pan-
22 demic, including training for serving individuals
23 with disabilities;
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24 ‘‘(G) assessing the accessibility of election
25 websites and remediating any accessibility prob-
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1 lems to ensure voter information is clear and
2 accessible; and
3 ‘‘(H) providing fully accessible online voter
4 registration services.
5 ‘‘(3) FUNDING TO ENSURE CONTINUING PRO-
6 TECTIONS FOR LANGUAGE MINORITY VOTERS.—En-
7 suring continuing protections for language minority
8 voters, including—
9 ‘‘(A) ensuring compliance with section 203
10 of the Voting Rights Act of 1965 (52 U.S.C.
11 10503)—
12 ‘‘(i) with respect to vote-by-mail and
13 new voter registration procedures; and
14 ‘‘(ii) with respect to voting materials
15 (as such term is defined in such section);
16 ‘‘(B) ensuring adequate support for such
17 individuals (including for language minority
18 voters who do not reside in jurisdictions covered
19 by section 203 of the Voting Rights Act), in-
20 cluding through—
21 ‘‘(i) language assistance hotlines in
22 covered languages;
23 ‘‘(ii) phone interpretation and inter-
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24 preter services;
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1 ‘‘(iii) funding to produce, print, and
2 distribute multi-lingual versions of mate-
3 rials;
4 ‘‘(iv) enhancing in-language media ad-
5 vertising regarding polling place changes;
6 ‘‘(v) recruiting and hiring bilingual or
7 multilingual election workers; and
8 ‘‘(vi) enhancing in-language media ad-
9 vertising regarding procedures for obtain-
10 ing and returning mail-in ballots; and
11 ‘‘(C) providing voter education on activities
12 carried out under this paragraph.
13 ‘‘(4) FUNDING TO ENSURE VOTING ACCESS BY
14 AMERICAN INDIAN AND ALASKA NATIVE VOTERS AND
15 RURAL VOTERS.—Ensuring voting access American
16 Indian and Alaska Native voters and rural voters,
17 including—
18 ‘‘(A) ensuring polling place availability
19 within 20 miles of where voters live;
20 ‘‘(B) providing transportation services for
21 American Indian, Alaska Native, and rural vot-
22 ers to reach their nearest polling location;
23 ‘‘(C) establishing in Indian country (as de-
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24 fined in section 1151 of title 18, United States
25 Code) and on any land in Alaska owned pursu-
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1 ant to the Alaska Native Claims Settlement Act
2 (43 U.S.C. 1601 et seq.) polling places that are
3 open for voting days and hours commensurate
4 with polling place days and hours in urban
5 areas within the State;
6 ‘‘(D) giving Indian tribes (as defined in
7 section 4 of the Indian Self-Determination and
8 Education Assistance Act (25 U.S.C. 5304))
9 authority to designate buildings that can be
10 used as a residential address for voter registra-
11 tion and for physical sites for ballot pickup,
12 drop-off, and collection;
13 ‘‘(E) offering information in unwritten lan-
14 guages or languages not widely used in written
15 form, in consultation with relevant Tribal gov-
16 ernments;
17 ‘‘(F) collecting ballots from remote polling
18 locations, ballot collection boxes, and tribally
19 designated buildings;
20 ‘‘(G) carrying out any activities permitted
21 under paragraph (2) to improve accessibility for
22 American Indian and Alaska Native voters with
23 disabilities; and
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24 ‘‘(H) providing voter education on the ac-
25 tivities carried out under this paragraph.
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1 ‘‘(5) CURBSIDE VOTING.—The implementation
2 and promotion of a curbside voting option to allow
3 individuals to pick up ballots, complete them, and
4 return them to a poll worker from their vehicles.
5 ‘‘(6) FUNDING TO MEET MAXIMUM WAIT TIME
6 STANDARD AT POLLING LOCATIONS.—
7 ‘‘(A) IN GENERAL.—The implementation
8 of standards that reduce wait times at polling
9 locations.
10 ‘‘(B) CERTIFICATION REQUIREMENT.—In
11 the case where the State uses funds for pur-
12 poses described in subparagraph (A) with re-
13 spect to an election for Federal office, the State
14 shall certify to the Commission within 120 days
15 of the election that wait time standards were
16 met in the State with respect to such election.
17 ‘‘(7) FUNDING FOR PUBLICATION OF WAIT
18 TIMES.—
19 ‘‘(A) IN GENERAL.—The development or
20 implementation of an accessible, web-based
21 platform for the publication of wait times for
22 voting in Federal elections.
23 ‘‘(B) REQUIREMENT.—If a State uses
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24 funds for a purpose described in subparagraph
25 (A), the State shall take reasonable steps before
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1 using such platform in an election for Federal
2 office—
3 ‘‘(i) to provide advance training to
4 election workers regarding use of the plat-
5 form;
6 ‘‘(ii) to notify voters of the platform;
7 and
8 ‘‘(iii) to test and verify the security
9 and functionality of the platform.
10 ‘‘(8) METHODS TO IMPROVE LINE MANAGE-
11 MENT.—Implementing standards to improve line
12 management systems and polling place management.
13 ‘‘(9) STANDARDS FOR TRAINING AND RECRUIT-
14 MENT OF POLL WORKERS.—Providing for the train-
15 ing and recruitment of poll workers, including—
16 ‘‘(A) developing poll worker training cur-
17 ricula and standards for serving individuals
18 with disabilities and language minority voters;
19 ‘‘(B) ensuring that poll workers receive
20 training, which—
21 ‘‘(i) may include remote training; and
22 ‘‘(ii) may cover applicable Federal and
23 State laws and regulations, recent changes
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24 in election laws and processes, election se-
25 curity and cyber vulnerabilities, ballot re-
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1 views, incident response, polling accessi-
2 bility for language minorities and individ-
3 uals with disabilities, and COVID–19 pre-
4 paredness;
5 ‘‘(C) expanding the number of election
6 workers hired;
7 ‘‘(D) hiring individuals to serve as election
8 workers from among high school and college
9 students and, where feasible, compensating
10 such individuals with course credits; and
11 ‘‘(E) hiring work-eligible non-citizens to
12 satisfy the need for bilingual poll workers.
13 ‘‘(10) IMPROVING ACCESS TO VOTER REGISTRA-
14 TION.—Improving access to voter registration, in-
15 cluding—
16 ‘‘(A) authorizing and implementing same
17 day registration;
18 ‘‘(B) ensuring that online voter registra-
19 tion systems are in place and have the capacity
20 to process registration applications electroni-
21 cally;
22 ‘‘(C) expanding online voter registration
23 systems to allow use by the maximum number
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24 of individuals, including—
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1 ‘‘(i) by allowing individuals to register
2 to vote without records in the department
3 of motor vehicle system of the State by
4 submitting their signatures online;
5 ‘‘(ii) by digitally uploading a picture
6 of the required signature;
7 ‘‘(iii) by allowing individuals to pro-
8 vide the required signature when voting at
9 the polls or when returning a mail-in bal-
10 lot; or
11 ‘‘(iv) by allowing individual to provide
12 a required signature with a mark or signa-
13 ture stamp or through the use of an assist-
14 ant because of age, disability, or other
15 need;
16 ‘‘(D) sending a voter registration mailer,
17 including a blank voter registration application,
18 a self-sealing prepaid return envelope, and in-
19 structions on additional methods to register if
20 the mailer is not accessible, to all eligible indi-
21 viduals with State records who are not cur-
22 rently registered to vote; and
23 ‘‘(E) testing capacity to ensure that exist-
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24 ing online voter registration systems can with-
25 stand the likely increase in usage.
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1 ‘‘(c) INTERAGENCY CONSULTATION.—Not later than
2 15 days after the date of enactment of this part, the Com-
3 mission shall—
4 ‘‘(1) consult with the Centers for Disease Con-
5 trol and Prevention on preventing transmission of
6 COVID–19 at polling places and election offices; and
7 ‘‘(2) consult with the Civil Rights Division of
8 the Department of Justice to ensure changes to vot-
9 ing procedures made pursuant to this part are non-
10 discriminatory and comply with applicable Federal
11 laws, including this Act, the Americans with Disabil-
12 ities Act of 1990 (42 U.S.C. 12101 et seq.), the Vot-
13 ing Accessibility for the Elderly and Handicapped
14 Act (42 U.S.C. 1973ee et seq.), the Voting Rights
15 Act of 1965 (52 U.S.C. 10301 et seq.), the National
16 Voter Registration Act of 1993 (52 U.S.C. 20501 et
17 seq.), and the Help America Vote Act of 2002 (52
18 U.S.C. 20901 et seq.).
19 ‘‘SEC. 299. FUNDING; REPORTS.
20 ‘‘(a) IN GENERAL.—There is authorized to be appro-
21 priated, out of any money in the Treasury not otherwise
22 appropriated, for the fiscal year ending September 30,
23 2020, for making payments under this part,
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24 $3,600,000,000. Such amount shall be in addition to other
25 amounts otherwise available for such purposes.
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1 ‘‘(b) REPORTS.—Not later than one year after the
2 applicable election for which a payment was provided
3 under this part, each eligible State that received such
4 funds shall submit a report to the Commission on the ac-
5 tivities conducted using such payment and to substantiate
6 authorized activities described in section 298(b) carried
7 out using such funds. Not later than 30 days after receipt
8 of such reports, the Commission shall transmit such re-
9 ports to the Committee on Rules and Administration of
10 the Senate and the Committee on House Administration
11 of the House of Representatives.’’.
12 (b) CLERICAL AMENDMENTS.—The table of contents
13 of such Act is amended by inserting after the item relating
14 to section 296 the following:
‘‘PART VII—GRANT PROGRAM TO PROTECT IN-PERSON VOTING
‘‘Sec. 297. Payments to States.
‘‘Sec. 298. Eligibility for payment; authorized activities.
‘‘Sec. 299. Funding; reports.’’.
15 TITLE III—ADDITIONAL RE-
16 QUIREMENTS FOR FEDERAL
17 ELECTIONS
18 SEC. 301. VOTING BY MAIL IN FEDERAL ELECTIONS.
19 (a) REQUIREMENTS.—Title III of the Help America
20 Vote Act of 2002 (52 U.S.C. 21081) is amended by adding
21 at the end the following new subtitle:
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1 ‘‘Subtitle C—Additional
2 Requirements
3 ‘‘SEC. 321. PROMOTING ABILITY OF VOTERS TO VOTE BY
4 MAIL.
5 ‘‘(a) IN GENERAL.—If an individual in a State is eli-
6 gible to cast a vote in an election for Federal office, the
7 State may not impose any additional conditions or require-
8 ments on the eligibility of the individual to cast the vote
9 in such election by mail, except to the extent that the
10 State imposes a deadline for returning the ballot to the
11 appropriate State or local election official.
12 ‘‘(b) PROVISION OF BALLOT REQUESTED MATE-
13 RIALS.—Not later than 4 weeks before the date of any
14 election for Federal office, each State shall mail ballots
15 to individuals who are registered to vote in such election.
16 ‘‘(c) ACCESSIBILITY FOR INDIVIDUALS WITH DIS-
17 ABILITIES.—All ballots provided under this section shall
18 be accessible to individuals with disabilities in a manner
19 that provides the same opportunity for access and partici-
20 pation (including for privacy and independence) as for
21 other voters.
22 ‘‘(d) RULE OF CONSTRUCTION.—Nothing in this sec-
23 tion shall be construed to affect the authority of States
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24 to conduct elections for Federal office through the use of
25 polling places at which individuals cast ballots.
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1 ‘‘(e) EFFECTIVE DATE.—A State shall be required
2 to comply with the requirements of subsection (a) with re-
3 spect to elections for Federal office held in years after
4 2020.’’.
5 (b) CONFORMING AMENDMENT RELATING TO EN-
6 FORCEMENT.—Section 401 of such Act (52 U.S.C. 21111)
7 is amended by striking ‘‘and 303’’ and inserting ‘‘303, and
8 subtitle C of title III’’.
9 (c) PRIVATE RIGHT OF ACTION.—Title IV of the
10 Help America Vote Act of 2002 (52 U.S.C. 21111 et seq.)
11 is amended by adding at the end the following new section:
12 ‘‘SEC. 403. PRIVATE RIGHT OF ACTION FOR VIOLATIONS OF
13 SUBTITLE C.
14 ‘‘(a) IN GENERAL.—In the case of a violation of sub-
15 title C of title III, section 402 shall not apply and any
16 person who is aggrieved by such violation may provide
17 written notice of the violation to the chief election official
18 of the State involved.
19 ‘‘(b) RELIEF.—If the violation is not corrected within
20 20 days after receipt of a notice under subsection (a), or
21 within 5 days after receipt of the notice if the violation
22 occurred within 120 days before the date of an election
23 for Federal office, the aggrieved person may, in a civil ac-
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24 tion, obtain declaratory or injunctive relief with respect
25 to the violation.
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1 ‘‘(c) SPECIAL RULE.—If the violation occurred within
2 5 days before the date of an election for Federal office,
3 the aggrieved person need not provide notice to the chief
4 election official of the State involved under subsection (a)
5 before bringing a civil action under subsection (b).’’.
6 (d) CONFORMING AMENDMENT RELATING TO VOL-
7 UNTARY GUIDANCE BY ELECTION ASSISTANCE COMMIS-
8 SION.—Section 311(b) of such Act (52 U.S.C. 21101) is
9 amended—
10 (1) in paragraph (2), by striking ‘‘and’’;
11 (2) in paragraph (3), by striking the period at
12 the end and inserting ‘‘; and’’; and
13 (3) by adding at the end the following:
14 ‘‘(4) in the case of the recommendations with
15 respect to subtitle C, 1 year after the date of enact-
16 ment of such subtitle.’’.
17 (e) CLERICAL AMENDMENTS.—The table of contents
18 of such Act is amended—
19 (1) by inserting after the item relating to sec-
20 tion 312 the following:
‘‘Subtitle C—Additional Requirements
‘‘Sec. 321. Promoting ability of voters to vote by mail.’’;
21 and
22 (2) by inserting after the item relating to sec-
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23 tion 402 the following:
‘‘Sec. 403. Private right of action for violations of subtitle C.’’.
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1 (f) FREE POSTAGE FOR VOTING BY MAIL.—
2 (1) IN GENERAL.—Chapter 34 of title 39,
3 United States Code, is amended by adding at the
4 end the following:
5 ‘‘§ 3407. Ballots provided for voting in Federal elec-
6 tions
7 ‘‘Ballots mailed pursuant to section 303A(b) of the
8 Help America Vote Act of 2002 (individually or in bulk)
9 shall be carried expeditiously and free of postage.’’.
10 (2) TECHNICAL AND CONFORMING AMEND-
11 MENTS.—
12 (A) TABLE OF SECTIONS.—The table of
13 sections for chapter 34 of title 39, United
14 States Code, is amended by adding at the end
15 the following:
‘‘3407. Ballots provided for voting in Federal elections.’’.
16 (B) AUTHORIZATION OF APPROPRIA-
17 TIONS.—Section 2401(c) of title 39, United
18 States Code, is amended by striking ‘‘3403
19 through 3406’’ and inserting ‘‘3403 through
20 3407’’.
21 SEC. 302. REQUIREMENT TO ALLOW FOR EARLY VOTING.
22 (a) IN GENERAL.—Subtitle C of title III of the Help
23 America Vote Act of 2002, as added by section 301, is
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24 amended by adding at the end the following new section:
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1 ‘‘SEC. 322. AVAILABILITY OF EARLY VOTING.
2 ‘‘(a) IN GENERAL.—Each State and jurisdiction
3 shall, with respect to the general election occurring on No-
4 vember 3, 2020, and each subsequent election for Federal
5 office—
6 ‘‘(1) allow individuals otherwise eligible to vote
7 in such election to vote in such election prior to the
8 date of the election through early voting which meets
9 the requirements of subsection (b); and
10 ‘‘(2) publicize the details of any voting allowed
11 under paragraph (1).
12 ‘‘(b) EARLY VOTING.—Early voting meets the re-
13 quirements of this subsection—
14 ‘‘(1) if such voting occurs—
15 ‘‘(A) for a 20-day period preceding the
16 date of the election so that such days constitute
17 consecutive weekdays and include at least one
18 weekend, which period may end on a date cho-
19 sen by the chief election official of the State
20 that is between the date of the election and 4
21 days preceding such date; and
22 ‘‘(B) for no less than 8 hours on each of
23 the 20 days such early voting occurs; and
24 ‘‘(2) each early voting location in the State of-
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25 fers a ballot drop-off box for voters to submit their
26 voted and sealed absentee ballots.
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1 ‘‘(c) STATE.— For purposes of this section, the term
2 ‘State’ includes the District of Columbia, the Common-
3 wealth of Puerto Rico, Guam, American Samoa, the
4 United States Virgin Islands, and the Commonwealth of
5 the Northern Mariana Islands.’’.
6 (b) CLERICAL AMENDMENTS.—The table of contents
7 of such Act, as amended by section 301, is amended by
8 inserting after the item relating to section 321 the fol-
9 lowing:
‘‘Sec. 322. Availability of early voting.’’.
10 SEC. 303. REQUIREMENT FOR ACCEPTANCE OF VOTER REG-
11 ISTRATION APPLICATIONS.
12 (a) IN GENERAL.—Subtitle C of title III of the Help
13 America Vote Act of 2002, as added by section 301 and
14 amended by section 302, is amended by adding at the end
15 the following new section:
16 ‘‘SEC. 323. ACCEPTANCE OF VOTER REGISTRATION APPLI-
17 CATIONS.
18 ‘‘(a) AVAILABILITY OF ONLINE REGISTRATION AND
19 CORRECTION OF EXISTING REGISTRATION INFORMA-
20 TION.—Each State, acting through the chief State election
21 official, shall ensure that the following services are avail-
22 able to the public at any time on the official public
23 websites of the appropriate State and local election offi-
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24 cials in the State, in the same manner and subject to the
25 same terms and conditions as the services provided by
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1 voter registration agencies under section 7(a) of the Na-
2 tional Voter Registration Act of 1993 (52 U.S.C.
3 20506(a)):
4 ‘‘(1) Online application for voter registration.
5 ‘‘(2) Online assistance to applicants in applying
6 to register to vote.
7 ‘‘(3) Online completion and submission by ap-
8 plicants of the mail voter registration application
9 form prescribed by the Election Assistance Commis-
10 sion pursuant to section 9(a)(2) of such Act (52
11 U.S.C. 20508(a)(2)).
12 ‘‘(4) Online receipt of completed voter registra-
13 tion applications.
14 ‘‘(b) REQUIREMENTS FOR ACCEPTANCE AND PROC-
15 ESSING OF VOTER REGISTRATION APPLICATIONS.—Each
16 State and local jurisdiction shall—
17 ‘‘(1) accept voter registration applications sub-
18 mitted in person, by mail, or online as described in
19 subsection (a); and
20 ‘‘(2) process such voter registration applications
21 at least 21 days prior to the date of an election for
22 Federal office,
23 except nothing this subsection shall preclude a State or
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24 local jurisdiction from allowing for the acceptance and
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1 processing of voter registration applications submitted or
2 received after such required period.
3 ‘‘(c) EXCEPTION.—This section shall not apply with
4 respect to any State or local jurisdiction that allows—
5 ‘‘(1) voter registration during early voting; or
6 ‘‘(2) same day voter registration.
7 ‘‘(d) EFFECTIVE DATE.—This section shall apply be-
8 ginning on the date that is 60 days after the date of enact-
9 ment of this section.’’.
10 (b) CLERICAL AMENDMENT.—The table of contents
11 of such Act is amended by inserting after the item relating
12 to section 322, as added by section 302, the following new
13 item:
‘‘Sec. 323. Acceptance of voter registration applications.’’.
14 TITLE IV—FUNDING
15 SEC. 401. SUSPENSION OF STATE MATCHING REQUIRE-
16 MENT FOR ELECTION SECURITY GRANTS
17 PROVIDED UNDER THE CARES ACT.
18 The matter under the heading ‘‘Election security
19 grants’’ under the heading ‘‘Election Assistance Commis-
20 sion’’ under the heading ‘‘Independent agencies’’ in title
21 V of the Consolidated Appropriations Act, 2020, is amend-
22 ed by striking ‘‘: Provided further, That not later than two
23 years after receiving a payment under this heading, a
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24 State shall make available funds for such activities in an
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1 amount equal to 20 percent of the total amount of the
2 payment made to the State under this heading’’.
Æ
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