118th CONGRESS 1st Session |
To amend the Help America Vote Act of 2002 to require States to provide for same day voter registration.
September 19, 2023
Ms. Klobuchar (for herself, Mr. King, Ms. Cortez Masto, Mrs. Gillibrand, Mr. Padilla, Mrs. Feinstein, Mr. Blumenthal, Mr. Durbin, Ms. Warren, Mr. Wyden, Mr. Kaine, Mr. Merkley, Ms. Smith, Mr. Carper, Mr. Booker, Mr. Sanders, Mr. Murphy, Ms. Hirono, Mr. Bennet, Mr. Markey, Mr. Casey, Mr. Van Hollen, Mr. Brown, and Mr. Menendez) introduced the following bill; which was read twice and referred to the Committee on Rules and Administration
To amend the Help America Vote Act of 2002 to require States to provide for same day voter registration.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
This Act may be cited as the “Same Day Registration Act”.
SEC. 2. Same day registration.
(a) In general.—Title III of the Help America Vote Act of 2002 (52 U.S.C. 21081 et seq.) is amended—
(1) by redesignating sections 304 and 305 as sections 305 and 306, respectively; and
(2) by inserting after section 303 the following new section:
“(1) REGISTRATION.—Each State shall permit any eligible individual on the day of a Federal election and on any day when voting, including early voting, is permitted for a Federal election—
“(A) to register to vote in such election at the polling place using a form that meets the requirements under section 9(b) of the National Voter Registration Act of 1993 (or, if the individual is already registered to vote, to revise any of the individual’s voter registration information); and
“(B) to cast a vote in such election.
“(2) EXCEPTION.—The requirements under paragraph (1) shall not apply to a State in which, under a State law in effect continuously on and after the date of the enactment of this section, there is no voter registration requirement for individuals in the State with respect to elections for Federal office.
“(b) Eligible individual.—For purposes of this section, the term ‘eligible individual’ means, with respect to any election for Federal office, an individual who is otherwise qualified to vote in that election.
“(c) Ensuring availability of forms.—The State shall ensure that each polling place has copies of any forms an individual may be required to complete in order to register to vote or revise the individual’s voter registration information under this section.
“(1) IN GENERAL.—Subject to paragraph (2), each State shall be required to comply with the requirements of this section for the regularly scheduled general election for Federal office occurring in November 2024 and for any subsequent election for Federal office.
“(2) SPECIAL RULES FOR ELECTIONS BEFORE NOVEMBER 2028.—
“(A) ELECTIONS PRIOR TO NOVEMBER 2026 GENERAL ELECTION.—A State shall be deemed to be in compliance with the requirements of this section for the regularly scheduled general election for Federal office occurring in November 2024 and subsequent elections for Federal office occurring before the regularly scheduled general election for Federal office in November 2026 if at least one location for each 15,000 registered voters in each jurisdiction in the State meets such requirements, and such location is reasonably located to serve voting populations equitably across the jurisdiction.
“(B) ADDITIONAL ELECTIONS PRIOR TO NOVEMBER 2028 GENERAL ELECTION.—If a State certifies to the Commission not later than November 3, 2026, that the State will not be in compliance with the requirements of this section for the regularly scheduled general election for Federal office occurring in November 2026 because it would be impracticable to do so and includes in the certification the reasons for the failure to meet such requirements, the State shall be deemed to be in compliance with the requirements of this section for the regularly scheduled general election for Federal office in November 2026 and subsequent elections for Federal office occurring before the regularly scheduled general election for Federal office in November 2028, if at least one location for each 15,000 registered voters in each jurisdiction in the State meets such requirements, and such location is reasonably located to serve voting populations equitably across the jurisdiction.”.
(b) Conforming amendment relating to enforcement.—Section 401 of such Act (52 U.S.C. 21111) is amended by striking “sections 301, 302, and 303” and inserting “subtitle A of title III”.
(c) Clerical amendments.—The table of contents of such Act is amended—
(1) by redesignating the items relating to sections 304 and 305 as relating to sections 305 and 306, respectively; and
(2) by inserting after the item relating to section 303 the following new item: