Title I — Election Access
This title aims to modernize voter registration and take other steps to improve voting access in federal elections.
Background:
This subtitle would modernize voter registration processes for federal elections. The United States has one of the lowest voter turnout rates among developed nations, with nearly one in four eligible voters not registered. The reforms in this subtitle seek to boost voter registration rates by eliminating unnecessary barriers and bring voter registration systems into the 21st century.
Background & Summary of Key Changes:
This part would provide for online voter registration in federal elections nationwide. Traditionally, voters register using paper forms. State officials then manually transfer each qualified voter’s information from the paper form into the state registration system. This process is both costly and prone to error, which is why a majority of states have moved to offer online registration. As of October 2020, online registration had been implemented in 40 states and the District of Columbia. This part would require its use for all federal elections. Specifically, it would:
- require each state to provide an online voter registration application that may be completed, submitted, and received by election officials electronically;
- allow registered voters to update their voter registration information online; and
- permit voters without DMV records to register online using electronic copies of handwritten signatures, secure online signatures, or by providing a signature upon actually requesting a ballot.
Related Legislation:
Related Research and Materials:
- Wendy R. Weiser, Daniel I. Weiner, and Dominique Erney, Congress Must Pass the ‘For the People Act’ (2021), https://www.brennancenter.org/our-work/policy-solutions/congress-must-pass-people-act.
- VRM in the States: Online Registration (2020), https://www.brennancenter.org/our-work/research-reports/vrm-states-online-registration.
- Automatic Voter Registration and Modernization in the States (2019), https://www.brennancenter.org/our-work/research-reports/automatic-voter-registration-and-modernization-states.
- H.R. 1, The For the People Act, Hearing Before the Comm. on House Administration, 116th Cong. (2019) (statement of Wendy Weiser, Director, Democracy Program, Brennan Center for Justice at NYU School of Law), 4–6, https://www.brennancenter.org/our-work/research-reports/testimony-house-committee-administration-support-people-act.
- Holly Maluk, Myrna Pérez, and Lucy Zhou, Voter Registration in a Digital Age: 2015 Update (2015), https://www.brennancenter.org/our-work/research-reports/voter-registration-digital-age-2015-update.
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Background:
This part would require states (including U.S. territories) to use Automatic Voter Registration (AVR) for federal elections nationwide. Under AVR, when eligible citizens provide information to government agencies like the Department of Motor Vehicles, they are automatically registered to vote (or have their existing registration information updated) unless they affirmatively decline. In other words, AVR shifts voter registration from an “opt-in” to an “opt-out” approach. As of February 2021, nineteen states and the District of Columbia had already enacted AVR. If adopted nationwide, as this part would require, AVR could register up to 50 million new eligible voters while making voter registration rolls more accurate, saving money, and cutting down on confusion and other problems at the polls.
Summary of Key Changes:
This part would, among other things:
- require each state (including U.S. territories) to implement a process whereby eligible voters who provide information to certain state agencies (such as the DMV, social service providers, and public universities) will be automatically registered to vote unless the voter declines registration at the point of service (a so-called “front-end” opt out);
- require state agencies to inform prospective voters that they will be automatically registered unless they decline, and inform them of voter eligibility requirements and the consequences of false registration;
- require agencies to transfer voter registration information to election officials electronically, eliminating paper registration forms;
- order a one-time transfer of existing records for those eligible for registration, effectively applying AVR retroactively;
- require states to allow registered voters to update their address information at the polls;
- authorize the Election Assistance Commission (EAC) to monitor states’ election practices and provide additional funds to assist them with implementing new AVR requirements; and
- require states to ensure that AVR processes remain nonpartisan, nondiscriminatory, and accessible to individuals with disabilities.
Related Legislation:
Related Research and Materials:
- Wendy R. Weiser, Daniel I. Weiner, and Dominique Erney, Congress Must Pass the ‘For the People Act’ (2021), https://www.brennancenter.org/our-work/policy-solutions/congress-must-pass-people-act.
- Kevin Morris and Peter Dunphy, AVR Impact on State Voter Registration (2019), https://www.brennancenter.org/our-work/research-reports/avr-impact-state-voter-registration.
- Automatic Voter Registration, a Summary (2019), https://www.brennancenter.org/our-work/research-reports/automatic-voter-registration-summary.
- The Case for Automatic Voter Registration (2016), https://www.brennancenter.org/our-work/research-reports/case-automatic-voter-registration.
- Wendy R. Weiser and Alicia Bannon, Democracy: An Election Agenda for Candidates, Activists, and Legislators (2018), 6–8, https://www.brennancenter.org/our-work/policy-solutions/democracy-election-agenda-candidates-activists-and-legislators.
- H.R. 1, The For the People Act, Hearing Before the Comm. on House Administration, 116th Cong. (2019) (statement of Wendy Weiser, Director, Democracy Program, Brennan Center for Justice at NYU School of Law), 7–8, https://www.brennancenter.org/our-work/research-reports/testimony-house-committee-administration-support-people-act.
- Protecting the Right to Vote: Best and Worst Practices, Hearing Before the Comm. On Oversight and Reform, 116th (2019) (statement of Myrna Pérez, Deputy Director, Democracy Program, Brennan Center for Justice at NYU School of Law), https://www.brennancenter.org/our-work/research-reports/testimony-house-committee-oversight-and-reform-subcommittee-civil-rights.
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Background & Summary of Key Changes:
This part would require states to offer same day registration (SDR) for federal elections. Traditionally, eligible voters have been required to register in advance of an election in order to cast a ballot. In many states, the voter registration deadline falls more than four weeks before a given election. SDR allows eligible residents to register to vote and cast a ballot on the same day. By ensuring that all eligible voters who go to the polls can participate in an election, SDR helps safeguard against registration system errors, cyber-attacks, and wrongful purges. As of 2020, 21 states and the District of Columbia had enacted SDR.
This part would amend the Help America Vote Act of 2002 (HAVA) to allow all eligible voters nationally to register and vote on the same day in federal elections, both on Election Day and during early voting periods.
Related Legislation:
- H.R. 93, Same Day Registration Act of 2019 (116th Cong.) (Senate: S. 624)
- H.R. 1438, To amend the Help America Vote Act of 2002 to require States to allow same day registration for Federal elections, and for other purposes (116th Cong.)
- H.R. 1275, Voter Empowerment Act of 2019 (116th Cong.), Title I, Subtitle C (Senate: S. 549)
- H.R. 5785, Jobs and Justice Act of 2018 (115th Cong.), Division B, Title VIII, Subtitle B, Part 3
Related Research and Materials:
- Wendy R. Weiser, Daniel I. Weiner, and Dominique Erney, Congress Must Pass the ‘For the People Act’ (2021), https://www.brennancenter.org/our-work/policy-solutions/congress-must-pass-people-act.
- Walter Shapiro, Election Day Registration Could Cut Through Many of the Arguments in the Voting Wars (2018), https://www.brennancenter.org/our-work/analysis-opinion/election-day-registration-could-cut-through-many-arguments-voting-wars.
- Wendy R. Weiser and Alicia Bannon, Democracy: An Election Agenda for Candidates, Activists, and Legislators (2018), https://www.brennancenter.org/our-work/policy-solutions/democracy-election-agenda-candidates-activists-and-legislators.
- Fact Sheet: Voter Registration for the 21st Century (2015), https://www.brennancenter.org/our-work/research-reports/fact-sheet-voter-registration-21st-century.
- H.R. 1, The For the People Act, Hearing Before the Comm. on House Administration, 116th Cong. (2019) (statement of Wendy Weiser, Director, Democracy Program, Brennan Center for Justice at NYU School of Law), 7, https://www.brennancenter.org/our-work/research-reports/testimony-house-committee-administration-support-people-act.
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Background & Summary of Key Changes:
This part places limits on states’ use of data compiled through interstate cross-checks to purge eligible voters from the rolls. Cross-check programs are shared databases that collect voter registration records from multiple states to identify duplicate registrations. When poorly designed, their use can result in eligible voters being purged from the rolls. One program, created by former Kansas Secretary of State Kris Kobach, was shown in a recent study to have a greater than 99 percent error rate. To protect against wrongful purges related to the use of such programs, this part would, among other things:
- bar states from removing any voter’s name from the rolls without first obtaining either:
- their full name, date of birth, and the last four digits of the individual’s social security number; or
- documentation from the Electronic Registration Information Center (ERIC) (a non-profit partnership that allows participating states to compare official registration data through a secure data-matching tool) that a voter is no longer a resident of that state; and
- require election officials to complete cross-check purges at least six months prior to a given election.
Related Legislation:
Related Research and Materials:
- Kevin Morris, Voter Purge Rates Remain High, Analysis Finds (2019), https://www.brennancenter.org/our-work/analysis-opinion/voter-purge-rates-remain-high-analysis-finds.
- Kevin Morris, Myrna Pérez, Jonathan Brater, and Christopher Deluzio, Purges: A Growing Threat to the Right to Vote (2018), https://www.brennancenter.org/our-work/research-reports/purges-growing-threat-right-vote.
- Jonathan Brater, Voter Purges: The Risks in 2018 (2018), https://www.brennancenter.org/our-work/research-reports/voter-purges-risks-2018.
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Background & Summary of Key Changes:
This part would create additional mechanisms to facilitate voter registration. Among other things, it would:
- amend the National Voter Registration Act of 1993 (NVRA) to ensure that pre-election registration deadlines are consistent with the timing of public holidays;
- require states to create voter privacy programs that allow victims of domestic violence, stalking, and sexual assault, among others, to have their personally identifiable information kept confidential, and to notify residents of how and to whom state and local officials share or sell voter registration information;
- require the Postal Service to include a reminder to update voter registration on its hard copy change of address form; and
- empower the EAC to make grants to states to help boost youth involvement in state election activities.
Related Legislation:
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Background & Summary of Key Changes:
This part would provide additional funding to help states update voter registration processes. HAVA authorizes the EAC to distribute payments to states to cover compliance with certain of its provisions. This part would allow states to use HAVA money to cover the cost of compliance with H.R. 1’s new voter registration modernization requirements.
Related Legislation:
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Background & Summary of Key Changes:
This part seeks to boost safeguards against unlawful interference with voter registration. It would, among other things:
- ban attempts to corruptly hinder, interfere with, or prevent another person from registering to vote;
- establish criminal penalties for such conduct; and
- direct the EAC to develop and publish recommendations for states to deter and prevent interference with voter registration.
Related Legislation:
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Background & Summary of Key Changes:
This part seeks to reduce duplicate voter registrations across states. Because many individuals register to vote when they apply for a driver’s license, information sharing between state DMVs can help ensure that individuals are not registered in multiple states. Accordingly, this part would:
- require individuals applying for a new driver’s license to:
- indicate the states in which they previously resided; and
- confirm that they intend to use the new state for voter registration purposes; and
- require state authorities to provide the voter’s responses to their counterparts in the state where the voter previously resided, who would in turn be required to notify their state’s chief election official.
Related Legislation:
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Background & Summary of Key Changes:
These parts would take steps to enhance voter participation by young Americans. Although 2020 and 2018 saw record-high levels of youth electoral participation, young voters still turn out to vote at a lower rate than the whole of the electorate. Part 9 would direct the EAC to create a pilot program to offer funding to local initiatives that provide voter registration information to high school seniors. To qualify for funding, such initiatives would have to prioritize schools with the highest number of students from vulnerable or low-income backgrounds. Part 10 would require states to allow future voters age 16 and older to pre-register to vote in federal elections once they turn 18.
Related Legislation:
- H.R. 126, Students Voicing Opinions in Today’s Elections (VOTE) Act (116th Cong.) (Senate: S. 625)
- H.R. 734, Next Generation Votes Act (116th Cong.)
- H.R. 1442, Pre-Registration of Voters Everywhere (PROVE) Act (116th Cong.) (Senate: S. 621)
- H.R. 1275, Voter Empowerment Act of 2019 (116th Cong.), Title I, Subtitle E (Senate: S. 549)
- H.R. 5785, Jobs and Justice Act of 2018 (115th Cong.), Division B, Title VIII, Subtitle B, Part 3
Related Research and Materials:
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Background:
This subsection consists of the Disability Voting Rights Act, which would increase protections for the more than 35 million disabled Americans who are of voting age. Many people with disabilities face barriers to participation in elections, such as inaccessible registration procedures, polling places, and voting machines. This subtitle seeks to address some of the biggest challenges confronted by these voters.
Summary of Key Changes:
This subtitle would, among other things:
- guarantee individuals with disabilities the right to use absentee voting procedures to register to vote and cast their ballots;
- require states to:
- establish processes for people with disabilities to register to vote and request an absentee ballot by mail and electronically (whichever the voter chooses);
- establish procedures to securely transmit blank absentee ballots by mail or electronically;
- designate a single office to provide information on registration and absentee balloting to people with disabilities; and
- designate at least one e-mail address or other means of electronic communication for individuals with disabilities to request and receive voter registration and absentee ballot applications, which shall be included on informational and instructional materials for balloting;
- create a process where states that feel they cannot comply with the above requirements could apply for a hardship waiver;
- expand and reauthorize a grant program to assure voting access for individuals with disabilities;
- direct the EAC to make grants for states to conduct pilot programs that use technology to help individuals with disabilities register to vote and cast their ballots independently and privately; and
- direct the comptroller general of the United States to conduct an analysis after each general election of voting access for individuals with disabilities and submit a report to the appropriate congressional committees.
Related Legislation:
- H.R. 1573, Disability Voting Rights Act (116th Cong.)
- H.R. 1275, Voter Empowerment Act of 2019 (116th Cong.), Title II (Senate: S. 549)
- H.R. 1612, Nonpartisan Bill for the People Act of 2019 (116th Cong.), Title VII, Subtitle B
- H.R. 5785, Jobs and Justice Act of 2018 (115th Cong.), Division B, Title VIII, Subtitle C
Related Research and Materials:
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Background & Summary of Key Changes:
This subtitle would prohibit “voter caging”—the practice of sending mail to people on the voter rolls, compiling a list of the mail that is returned undelivered, and using that list to purge or challenge voters’ registrations. Voter caging is not a reliable method for determining voter eligibility, and has in the past been employed for discriminatory and/or partisan ends. Because of its fraught history, Congress included a provision in the NVRA limiting it use. This subtitle would expand on the restrictions in the NVRA. It would, among other things:
- prohibit election officials from using voter caging or unverified match lists (compiled by matching voters’ and/or applicants’ registration information to a list of ineligible voters without looking at additional criteria such as signatures, social security numbers, or photos to ensure that they are accurate) to prevent any individual from registering or voting in a federal election;
- prohibit challenges to an individual’s eligibility to vote in a federal election within 10 days of Election Day, unless the individual registered to vote within 20 days of the election; and
- establish penalties for challenging a voter’s eligibility to register or cast a ballot where the challenger knows the voter is eligible.
Related Legislation:
Related Research and Materials:
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Background:
This subtitle consists of the Deceptive Practices and Voter Intimidation Prevention Act. The use of deceptive and intimidating practices is a longstanding voter suppression tactic. Moreover, the Internet and social media have made it easier to target specific communities with precision. This is true for foreign as well as domestic actors. For instance, the Kremlin’s disinformation campaign during the 2016 presidential election targeted African Americans, and also spread false information about voting rules, for example suggesting that people could vote by text. Some state laws prohibit such tactics, but there is wide variation across the states. This subtitle would establish a uniform national standard and boost related safeguards.
Summary of Key Changes:
This subtitle would, among other things:
- prohibit knowing and intentional communication of false and misleading information — including about the time, place, or manner of elections, public endorsements, and the rules governing voter eligibility and voter registration — made with the intent of preventing eligible voters from casting ballots;
- establish federal criminal penalties for deceiving or intimidating voters;
- direct the attorney general to:
- upon learning that false information is being disseminated to the public, disseminate accurate information if state officials fail to do so, in a manner that does not favor any party or candidate;
- develop written procedures for the dissemination of such corrective information; and
- submit a report to Congress within 180 days of a federal general election documenting all allegations of deceptive practices.
Related Legislation:
- H.R. 3281, Deceptive Practices and Voter Intimidation Prevention Act of 2019 (116th Cong.) (Senate: S. 1834)
- H.R. 1275, Voter Empowerment Act of 2019 (116th Cong.), Title IV (Senate: S. 549)
- H.R. 4617, Stopping Harmful Interference in Elections for a Lasting Democracy (SHIELD) Act (116th Cong.), Title III, Subtitle B
- H.R. 5785, Jobs and Justice Act of 2018 (115th Cong.), Division B, Title VIII, Subtitle E
Related Research and Materials:
- Wendy R. Weiser, Daniel I. Weiner, and Dominique Erney, Congress Must Pass the ‘For the People Act’ (2021), https://www.brennancenter.org/our-work/policy-solutions/congress-must-pass-people-act.
- H.R. 1, The For the People Act, Hearing Before the Comm. on House Administration, 116th Cong. (2019) (statement of Wendy Weiser, Director, Democracy Program, Brennan Center for Justice at NYU School of Law), 15–16, https://www.brennancenter.org/our-work/research-reports/testimony-house-committee-administration-support-people-act.
- Young Mie Kim, Voter Suppression Has Gone Digital, (2018), https://www.brennancenter.org/our-work/analysis-opinion/voter-suppression-has-gone-digital.
- Sean Morales-Doyle and Sidni Frederick, “Intentionally Deceiving Voters Should Be a Crime” (2018), https://thehill.com/opinion/civil-rights/400941-intentionally-deceiving-voters-should-be-a-crime.
- Wendy H.R. Weiser and Alicia Bannon, Democracy: An Election Agenda for Candidates, Activists, and Legislators (2018), https://www.brennancenter.org/our-work/policy-solutions/democracy-election-agenda-candidates-activists-and-legislators.
- The Deceptive Practices and Voter Intimidation Prevention Act of 2011 (S.1994), Hearing Before the Comm. Of the Judiciary, 112th Cong. (2011) (statement of the Brennan Center for Justice at NYU School of Law), https://www.brennancenter.org/our-work/research-reports/testimony-deceptive-practices-and-voter-intimidation-prevention-act-2011.
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Background:
This subtitle would restore federal voting rights to Americans who are disenfranchised due to a previous criminal conviction. Felony disenfranchisement laws, most of which date back to the Jim Crow era, disproportionately affect African Americans; as of 2016, they were disenfranchised at a rate four times that of all other Americans. Federal action would build off recent progress in the states, including Florida’s historic vote in 2018 to end permanent disenfranchisement for all persons with criminal convictions. This section includes findings concerning Congress’s Article I power to set the rules for federal elections, as well as its authority under the Fourteenth and Fifteenth Amendments to stop discriminatory denials of the right to vote. It also notes how the lack of a uniform national standard for voting creates unfair disparities on who can participate in federal elections, and how current felony disenfranchisement laws disproportionately affect Black and Latino communities.
Summary of Key Changes:
This subtitle would:
- guarantee federal voting rights for citizens with past felony convictions who have completed any term of incarceration; and
- require states to inform citizens of their restored voting rights in writing.
Related Legislation:
Related Research and Materials:
- Wendy R. Weiser, Daniel I. Weiner, and Dominique Erney, Congress Must Pass the ‘For the People Act’ (2021), https://www.brennancenter.org/our-work/policy-solutions/congress-must-pass-people-act.
- Kevin Morris, Thwarting Amendment 4 (2019), https://www.brennancenter.org/our-work/research-reports/thwarting-amendment-4.
- Wendy H.R. Weiser and Alicia Bannon, Democracy: An Election Agenda for Candidates, Activists, and Legislators (2018), https://www.brennancenter.org/our-work/policy-solutions/democracy-election-agenda-candidates-activists-and-legislators.
- H.R. 1, The For the People Act, Hearing Before the Comm. on House Administration, 116th Cong. (2019) (statement of Wendy Weiser, Director, Democracy Program, Brennan Center for Justice at NYU School of Law), 12–15, https://www.brennancenter.org/our-work/research-reports/testimony-house-committee-administration-support-people-act.
- Protecting the Right to Vote: Best and Worst Practices, Hearing Before the Comm. On Oversight and Reform, 116th (2019) (statement of Myrna Pérez, Deputy Director, Democracy Program, Brennan Center for Justice at NYU School of Law), https://www.brennancenter.org/our-work/research-reports/testimony-house-committee-oversight-and-reform-subcommittee-civil-rights.
- Erika Wood, Florida: An Outlier in Denying Voting Rights (2016), https://www.brennancenter.org/our-work/research-reports/florida-outlier-denying-voting-rights.
- Erin Kelley, Racism & Felony Disenfranchisement: An Intertwined History (2016), https://www.brennancenter.org/sites/default/files/publications/Disenfranchisement_History.pdf.
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Background:
This subtitle would require all jurisdictions to use paper ballots that voters can mark by hand or with a ballot marking device. Voting machines and other infrastructure are likely to be a target for hackers and others looking to disrupt or otherwise interfere with U.S. elections, including those working for foreign governments. Paper ballots are an important safeguard against such threats, because they create a tangible record of each voter’s selections that the voter can use to ensure their choices have been accurately recorded and that election officials can use to verify electronic results. Ballots that can be marked by hand also provide insurance against ordinary equipment failures that can result in long lines at the polls. Since the 2016 election, many jurisdictions have replaced outdated paperless voting equipment — but as many as 16 million Americans may have cast their votes using paperless machines in 2020. This subtitle aims to eliminate the risk of paperless voting machines in all federal elections.
Summary of Key Changes:
This subtitle would, among other things:
- require state and local officials to:
- conduct federal elections using “voter-verified paper ballots”— i.e. ballots that can be marked either by hand or a ballot marking device and inspected by the voter before the ballot is cast;
- give voters the opportunity to correct any errors on their paper ballot before it is cast;
- give voters the option to mark their ballots by hand;
- preserve paper ballots for recounts or audits;
- count ballots by hand for recounts and audits; and
- provide individuals with disabilities the opportunity to vote privately and independently using paper ballots;
- instruct the director of the National Science Foundation to make grants to study, test, and develop accessible paper ballot voting, verification, and casting mechanisms, as well as develop best practices for making paper ballot voting and verification procedures accessible to individuals with disabilities;
- establish durability and readability requirements for voter-verified paper ballots; and
- direct the EAC to study and report on optimal ballot design.
Related Legislation:
- H.R. 2722, Securing America’s Federal Elections (SAFE) Act, (116th Cong.), Title I, Subtitle A, Part 1 (Senate: S. 2053)
- S. 2238, SAFE Act (116th Cong.), Title I, Subtitle A, Part 1
- H.R. 1946, Securing America’s Elections Act of 2019 (116th Cong.)
- H.R. 2754, Protecting American Votes and Elections Act of 2019 (116th Cong.) (Senate: S. 1472)
- H.R. 2660, Election Security Act of 2019 (116th Cong.), Title I, Subtitle A, Part 1 (Senate: S. 1540)
- H.R. 1275, Voter Empowerment Act of 2019 (116th Cong.), Title VI (Senate: S. 549)
- H.R. 5785, Jobs and Justice Act of 2018 (115th Cong.), Division B, Title VIII, Subtitle G, Part 1
Related Research and Materials:
- Wendy R. Weiser, Daniel I. Weiner, and Dominique Erney, Congress Must Pass the ‘For the People Act’ (2021), https://www.brennancenter.org/our-work/policy-solutions/congress-must-pass-people-act.
- Edgardo Cortés, Gowri Ramachandran, Liz Howard, and Lawrence Norden, Preparing for Cyberattacks and Technical Failures: A Guide for Election Officials (2019), https://www.brennancenter.org/our-work/policy-solutions/preparing-cyberattacks-and-technical-failures-guide-election-officials.
- Lawrence Norden, “How to Secure Elections for 2020 and Beyond” (2019), https://www.brennancenter.org/our-work/research-reports/how-secure-elections-2020-and-beyond.
- Lawrence Norden and Andrea Córdova McCadney, “Voting Machines at Risk: Where We Stand Today” (2019), https://www.brennancenter.org/our-work/research-reports/voting-machines-risk-where-we-stand-today.
- Andrea Córdova McCadney, Elizabeth Howard, and Lawrence Norden, “Voting Machine Security: Where We Stand a Few Months Before the New Hampshire Primary” (2019), https://www.brennancenter.org/our-work/analysis-opinion/voting-machine-security-where-we-stand-few-months-new-hampshire-primary.
- Recommendations to Defend America’s Election Infrastructure (2019), https://www.brennancenter.org/our-work/research-reports/recommendations-defend-americas-election-infrastructure.
- Election Security, Hearing Before the Comm. On House Administration, 116th (2019) (statement of Lawrence D. Norden, Deputy Director, Democracy Program, Brennan Center for Justice at NYU School of Law), https://docs.house.gov/meetings/HA/HA00/20190508/109410/HH.RG-116-HA00-Wstate-NordenL-20190508-U1.pdf.
- H.R. 1, The For the People Act, Hearing Before the Comm. on House Administration, 116th Cong. (2019) (statement of Wendy Weiser, Director, Democracy Program, Brennan Center for Justice at NYU School of Law), 33–34, https://www.brennancenter.org/our-work/research-reports/testimony-house-committee-administration-support-people-act.
- Lawrence Norden, How to Fix Long Lines (2013), https://www.brennancenter.org/our-work/policy-solutions/how-fix-long-lines.
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Background & Summary of Key Changes:
This subtitle would create additional safeguards for provisional balloting. Under HAVA, voters whose registration and eligibility cannot be determined at the polling place must be offered a provisional ballot that is counted once the voter’s eligibility has been verified. Provisional balloting procedures vary greatly across states. In some places, even eligible voters may not have their provisional ballots counted — if, for example, the voter accidentally cast their ballots in the wrong precinct. To address these issues, this subtitle would:
- require every provisional ballot to be counted with respect to the contests in which the voter who cast it was eligible to vote (so, for example, a voter who cast their ballot in a precinct where they were ineligible to vote in local contests would still have their vote for statewide office counted); and
- require states to establish uniform and nondiscriminatory standards for issuing, handling, and counting provisional ballots in federal elections.
Related Legislation:
Related Research and Materials:
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Background & Summary of Key Changes:
This subtitle would extend early voting to all 50 states and establish minimum standards for its implementation in federal elections. Voting on a single weekday can be challenging for many Americans with work, family, or other obligations, especially when long lines form at the polls. In-person early voting, including on weekends and during evening hours, helps shorten lines and allows people to cast their ballots when it is most convenient. Many states have already passed laws permitting citizens to vote in person prior to Election Day. Specifically, it would:
- require states to allow at least two weeks of early voting for federal elections (including weekends), for a period of at least ten hours per day, including some early morning and evening hours;
- require states to ensure, to the greatest extent practicable, that early voting locations are within walking distance of public transportation, are accessible to rural voters, and are located on college campuses; and
- require states to begin processing and scanning ballots cast during early voting for tabulation at least two weeks before the date of the election.
Related Legislation:
Related Research and Materials:
- Kevin Morris, Georgia’s Proposed Voting Restrictions Will Harm Black Voters Most (2021), https://www.brennancenter.org/our-work/research-reports/georgias-proposed-voting-restrictions-will-harm-black-voters-most.
- Brennan Center for Justice, State Voting Bills Tracker 2021 (2021), https://www.brennancenter.org/our-work/research-reports/state-voting-bills-tracker-2021.
- Wendy R. Weiser, Daniel I. Weiner, and Dominique Erney, Congress Must Pass the ‘For the People Act’ (2021), https://www.brennancenter.org/our-work/policy-solutions/congress-must-pass-people-act.
- Hannah Klain, “Six Ways for Election Officials to Prepare for High Voter Turnout in 2020” (2019), https://www.brennancenter.org/our-work/analysis-opinion/six-ways-election-officials-prepare-high-voter-turnout-2020.
- H.R. 1, The For the People Act, Hearing Before the Comm. on House Administration, 116th Cong. (2019) (statement of Wendy Weiser, Director, Democracy Program, Brennan Center for Justice at NYU School of Law), 11–12, https://www.brennancenter.org/our-work/research-reports/testimony-house-committee-administration-support-people-act.
- Wendy R. Weiser and Alicia Bannon, Democracy: An Election Agenda for Candidates, Activists, and Legislators (2018), https://www.brennancenter.org/our-work/policy-solutions/democracy-election-agenda-candidates-activists-and-legislators.
- Tim Lau, “Early Voting Numbers Soar as Midterms Approach” (2018), https://www.brennancenter.org/our-work/analysis-opinion/early-voting-numbers-soar-midterms-approach.
- Walter Shapiro, “Finding the Golden Mean for Early Voting” (2016), https://www.brennancenter.org/our-work/analysis-opinion/finding-golden-mean-early-voting.
- Phoenix Rice-Johnson, “A Step in the Wrong Direction: Cutting Early Voting Hurts Voters” (2016), https://www.brennancenter.org/our-work/analysis-opinion/step-wrong-direction-cutting-early-voting-hurts-voters.
- Diana Kasdan, Early Voting: What Works (2013), https://www.brennancenter.org/our-work/research-reports/early-voting-what-works.
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Background:
This subtitle would expand opportunities to vote by mail in federal elections. Voting by mail is a necessary option, as demonstrated by its crucial role during the Covid-19 pandemic despite a variety of confusing and unnecessary barriers in many states. A Pew Research Center survey indicates that 46 percent of people voted by mail during the November 2020 election. This subtitle would create a national standard permitting ballots to be cast by mail in most instances for federal elections.
Summary of Key Changes:
This subtitle would, among other things:
- require states to allow any eligible voter to vote by mail in federal elections (no-excuse absentee voting);
- require state or local election officials to transmit mail-in ballot applications to all registered voters at least 60 days before Election Day;
- require states to allow voters to request mail-in ballots online or by phone;
- prohibit states from requiring voters casting a ballot by mail to provide identification aside from a signature, and require signature discrepancy issues to be resolved by at least two trained election officials affiliated with different parties;
- require states to make a good faith effort to notify voters of apparent signature discrepancies and provide an opportunity to cure any issues within ten days;
- prohibit notarization or witness signatures requirements for mail-in ballots in federal elections;
- require mail-in ballots and ballot applications to be accessible for voters with disabilities;
- require states to send a mail-in ballot to any voter who requests one at least five business days prior to Election Day, and to accept any mail-in ballot postmarked on or before Election Day if it arrives within ten days after the election;
- direct the postal service to ensure that mail-in ballots are processed and cleared within one day of arriving at a postal facility;
- prohibit the postal service from carrying out any operational changes that would restrict the prompt and reliable delivery of voting materials within 120 days of a federal election;
- require states to allow voters to return mail-in ballots to designated drop-off locations or to a polling place during early voting or on Election Day;
- require states to permit voters to designate someone else to return their completed and sealed mail-in ballot, as long as the person is not being compensated, and prohibit limits on the number of ballots any designated person can return;
- prevent states from prohibiting any person from distributing mail-in ballot applications, or from prohibiting election officials from distributing voter registration applications;
- require states to begin processing mail-in ballots at least 14 days prior to an election;
- require states to establish tracking programs for mail ballots and provide information on whether an individual’s vote was counted and, if not, why not; and
- require prepaid return envelopes for mail-in ballots and ballot applications.
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Background & Summary of Key Changes:
This subtitle aims to protect voting rights for absent military and overseas voters by ensuring they receive their ballots earlier. According to data compiled by the EAC, 44.4 percent of overseas ballots that were rejected were not counted because they were not received on time. Research from the Federal Voting Assistance Program suggests that if military and overseas voters receive their ballots earlier, they are more likely to return them, and the ballots are less likely to be rejected by state officials. Accordingly, this subtitle would, among other things:
- require all states to take steps to ensure compliance with the Uniformed and Overseas Citizen Absentee Voting Act mandate to send uniformed service and overseas voters’ ballots at least 45 days before a federal election (provided a request was received at least 45 days before the election);
- require states to use and pay for express delivery and return of ballots if they fail to send ballots to uniformed and overseas voters by that deadline;
- extend the guarantee of state residency for voting purposes to all spouses and dependents of absent servicemembers (current law extends the guarantee of residency only to servicemembers themselves);
- establish a cause of action for violations of these provisions, enforceable by the attorney general or private litigants;
- require states to submit pre- and post-election reports to Congress documenting the availability of absentee balloting for servicemembers and overseas voters, how many ballots were transmitted, and how many were returned; and
- require states to electronically send blank absentee ballots to qualified individuals who request them, including voters with disabilities and voters in areas impacted by natural disasters or public health emergencies within five days of an election (although they may not return their marked ballots electronically).
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Background & Summary of Key Changes:
This subtitle provides for grants to fund poll worker recruitment and training. Inexperienced, untrained poll workers can contribute to long lines and other problems that make it harder to vote. To help address this problem, this subtitle would, among other things, direct the EAC to make grants to states for recruiting and training poll workers and prepare a manual for grantees documenting best practices.
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Background & Key Changes:
This subtitle would expand mechanisms for processing complaints alleging a violation of HAVA’s minimum standards governing ballots and voting machines, polling place accessibility, provisional balloting, and other aspects of the voting process. Under current law, complaints are submitted directly to state officials according to procedures that vary considerably across states, with some states providing little or no information about how to submit a complaint. To address this issue, this subtitle would:
- allow individuals to file notarized complaints with the U.S. attorney general (who has authority to sue states in federal court to enforce HAVA’s provisions);
- direct the attorney general to respond to each complaint and provide both the complaint and response to relevant state officials; and
- create a right for private litigants to sue for certain HAVA violations related to inadequate voting technology.
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Background & Summary of Key Changes:
This subtitle would address apparent conflicts of interest on the part of chief state election officials, such as elected secretaries of state, who are either on the ballot or otherwise participating in an election they are also administering. It would prohibit them from being involved in any campaign with respect to an election for federal office they are overseeing, unless the official is the candidate, in which case they would be required to recuse from overseeing the election in which they are running.
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Background:
This subtitle would make a number of additional changes to improve voting access and the administration of federal elections.
Background & Summary of Key Changes:
This part includes several reforms that aim to promote voting access for students, voters who lack identification, voters living on tribal lands, and voters who may have difficulty voting in person on Election Day. Among other things, it would:
- amend the NVRA to treat public universities as “voter registration agencies,” which would obligate them to facilitate voter registration in connection to providing other services (as is currently the case for state DMVs and public assistance agencies);
- express a sense of Congress that students should be allowed to vote in the jurisdiction where they are attending school, without being subjected to intimidation or deceptive practices;
- require states to provide notice (in a way that accounts for local linguistic preferences) of polling place changes at least seven days before an election;
- require states with voter identification requirements to permit voters who lack identification to vote if they complete a sworn written statement attesting to their identity (unless the individual is a first-time voter who registered by mail);
- allow Native American tribes to designate buildings as ballot pickup and collection locations and require states to provide language accessible mail-in ballots to people who live on tribal lands without requiring residential addresses;
- direct the attorney general to coordinate the establishment of state-based voter information response systems and hotlines to assist people with voting or voter registration problems;
- direct states to equitably allocate voting systems, poll workers, and other election resources among polling places to ensure a fair and equitable waiting time and that no individual will be required to wait longer than 30 minutes to cast a ballot;
- require states to limit variations in the number of hours of operation for polling places within the state, including requiring that all polling places be open for at least four hours outside of regular working hours;
- require states to provide a sufficient number of secure, accessible, and widely distributed drop-boxes for completed absentee ballots in federal elections, starting at least 45 days before an election;
- require that these drop-boxes be accessible for use by individuals with disabilities, by individuals with limited English proficiency, and by unhoused individuals;
- prohibit states from restricting curbside voting; and
- make Election Day a public holiday.
Related Legislation:
Related Research and Materials:
- Kevin Morris, Georgia’s Proposed Voting Restrictions Will Harm Black Voters Most (2021), https://www.brennancenter.org/our-work/research-reports/georgias-proposed-voting-restrictions-will-harm-black-voters-most.
- Brennan Center for Justice, State Voting Bills Tracker 2021 (2021), https://www.brennancenter.org/our-work/research-reports/state-voting-bills-tracker-2021.
- Hannah Klain, Kevin Morris, Max Feldman, and Rebecca Ayala, Waiting to Vote: Racial Disparities in Election Day Experiences (2020), https://www.brennancenter.org/our-work/research-reports/waiting-vote.
- Max Feldman and Peter Dunphy, The State of Voting Rights Litigation (July 2019) (2019), https://www.brennancenter.org/our-work/research-reports/state-voting-rights-litigation-july-2019.
- Tomas Lopez, “Voters Need More Access to Ballot, Not Less” (2013), https://www.brennancenter.org/our-work/analysis-opinion/voters-need-more-access-ballot-not-less.
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Background & Summary of Key Changes:
This part directs state and local jurisdictions to develop contingency plans to enable eligible voters to participate in federal elections during times of emergency, such as the Covid-19 pandemic. These plans must be updated every five years and must include measures to protect the health and safety of voters and poll workers, as well as measures to recruit additional poll workers if required.
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Background & Summary of Key Changes:
This part deals with the EAC, an independent, bipartisan commission that was created under HAVA to serve as a national clearinghouse of information about election administration. The EAC’s original budget authorization expired more than a decade ago, although Congress has continued to fund the agency on a year-to-year basis. This part would, among other things, permanently reauthorize the EAC and require states to participate in the agency’s post-general election surveys of voting issues that occurred.
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Background & Summary of Key Changes
This part extends application of the NVRA and HAVA to Puerto Rico, Guam, American Samoa, the United States Virgin Islands, and the Northern Mariana Islands — all territories of the United States. It also clarifies that Title I does not (except where explicitly provided) supersede or restrict existing voting laws such as the Voting Rights Act and the NVRA, and that state governments are free to expand opportunities to vote and register to vote in ways that go beyond the provisions of Title I. Finally, it clarifies that states that do not require individuals to register to vote do not have to comply with the voter registration provisions of Title I.
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This subtitle would provide that if any of the other provisions of Title I are found unconstitutional, the remainder of the title would not be affected by the holding.
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