HR 5799 · 112th Congress 2011–2013, ended

Voter Empowerment Act of 2012

Latest action · Sep 26, 2012 Referred to the Subcommittee on Higher Education and Workforce Training.

Progress

Where this bill reached, and when. A stage with no date was not reached; one that failed a vote and later carried shows the date it carried.

  1. IntroducedMay 17, 2012
  2. Passed HouseNot reached
  3. Passed SenateNot reached
  4. To the PresidentNot reached
  5. Became lawNot reached

Summary

Voter Empowerment Act of 2012 - Voter Registration Modernization Act of 2012 - Amends the National Voter Registration Act of 1993 (NVRA) to require each state to make available official public websites for online voter registration.

Authorizes automated voter registration of certain individuals and establishes other initiatives to promote voter registration, such as same day registration and voter registration of individuals under 18 years of age.

Amends the federal criminal code to prohibit hindering, interfering with, or preventing voter registration.

Amends the Help America Vote Act of 2002 (HAVA) to establish requirements for states to promote access to voter registration and voting for individuals with disabilities, including a single office for providing related information.

Directs the Election Assistance Commission (EAC) to make grants to eligible states to conduct pilot programs enabling individuals with disabilities to register to vote and vote privately and independently at their own residences (including by telephone).

Amends HAVA to reauthorize the program of grants to state and local governments to assure voting access for individuals with disabilities.

Amends the federal criminal code to prohibit state or local election officials from preventing an individual from registering or voting in any federal election (voter caging), or from permitting a formal challenge under state law to an individual's registration status or eligibility to vote, if the basis for such decision is evidence consisting of: (1) a voter caging document or voter caging list, (2) an unverified match list, (3) an error or omission on voter application or registration documents that is not material to an individual's eligibility to vote, or (4) any other evidence so designated by the Commission.

Amends the federal criminal code to prohibit a person, including an election official, from knowingly and willfully attempting to or depriving or defrauding the residents of a state of their free and fair exercise of the right to vote by the communication of election-related information that is known by the person to be materially false, fictitious, or fraudulent. Increases the penalty for voter intimidation.

Declares that the right of an individual U.S. citizen to vote in any federal election shall not be denied or abridged because that individual has been convicted of a criminal offense unless he or she is serving a felony sentence in a correctional institution at the time of the election. Prescribes enforcement of this right by public or private civil action.

Requires each state to notify in writing any individual convicted of a criminal offense under state law, upon release from state custody or upon sentence to probation, that he or she has the right to vote in a federal election and so may register to vote.

Voter Confidence and Increased Accessibility Act of 2012 - Amends HAVA to revise requirements for the audit capacity of voting systems, particularly those for a permanent paper record.

Requires the voting system to require the use of an individual, durable, voter-verified paper ballot of the voter's vote that shall be marked and made available for inspection by the voter before the voter's vote is cast and counted, and which shall be counted by hand or read by an optical character recognition device or other counting device. Requires the voting system to provide the voter with an opportunity to correct any system-made error in the voter-verified paper ballot before it is permanently preserved.

Requires the Director of the National Science Foundation (NSF) to make grants to eligible entities to study, test, and develop accessible ballot voting, verification, and casting mechanisms and devices and best practices to enhance the accessibility of paper ballot voting and verification mechanisms for individuals with disabilities, for voters whose primary language is not English, and for voters with difficulties in literacy.

Prescribes requirements for: (1) publication of poll tapes, (2) treatment of ballots cast at early voting sites and of absentee ballots, and (3) the counting of provisional ballots that will be treated as votes.

Prescribes laboratory conflict-of-interest requirements and prohibitions.

Requires the NSF Director to make grants to eligible entities to conduct research on the development of election-dedicated voting system software.

Requires each state, except when the winning candidate had no opponent or received 80% or more of the votes, to administer audits of federal election results, without advance notice to the precincts selected, consisting of random hand counts of the voter-verified paper ballots.

Requires the Election Auditor of a state, as soon as practicable after the completion of an audit, to submit the results to EAC for publication.

Prohibits certification of the results of any election until completion of audits.

Amends HAVA to: (1) add requirements for counting provisional ballots, (2) require each state to allow early voting and facilitate the ability of voters to vote by mail.

Amends the Servicemembers Civil Relief Act to extend the guarantee of voting residency to family members of absent military personnel.

Amends the Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA) with respect to pre-election reports on availability and transmission of absentee ballots.

Revises the 45-day absentee ballot transmission rule.

Permits: (1) use of a single absentee ballot application for subsequent elections, and (2) application of the UOCAVA to Commonwealth of Northern Mariana Islands.

Entitles to leave a federal employee who serves as a poll worker.

Directs the EAC to: (1) make a grant to each eligible state for poll-worker recruitment and training, and (2) develop materials for a model state poll worker training program.

Amends HAVA to make available to any person aggrieved by a violation of uniform and nondiscriminatory election technology and administration requirements the option to file a complaint with the Attorney General or pursue a private right of action to enforce such requirements.

Amends the Federal Election Campaign Act of 1971 to make it unlawful for a chief state election administration official, unless he or she or a family member is a candidate, to take an active part in political management or in a political campaign for federal office over which such official has supervisory authority.

Amends the NVRA to treat universities as voter registration agencies.

Amends the HAVA to establish minimum notification requirements on behalf of voters affected by polling place changes.

Directs the Attorney General to: (1) coordinate the establishment of a state-based response system for responding to questions and complaints from individuals voting or seeking to vote, or registering to vote or seeking to, in federal elections; (2) establish and operate a toll-free telephone service to connect directly to such response system; and (3) appoint a Voter Hotline Task Force.

Amends HAVA to: (1) reauthorize and extend the EAC, and (2) repeal its exemption from certain government contracting requirements.

Cosponsors 140

Members who signed on, in the order they did. Signatures ran from May 17, 2012 to Jun 27, 2012; 125 are original cosponsors, there from the day it was introduced.

SeatCosponsorSigned on
D-CAAdam B. SchiffOriginalMay 17, 2012
D-WAAdam SmithOriginalMay 17, 2012
D-TXAl GreenOriginalMay 17, 2012
D-NJAlbio SiresOriginalMay 17, 2012
D-FLAlcee L. HastingsOriginalMay 17, 2012
D-PAAllyson Y. SchwartzOriginalMay 17, 2012
D-INAndré CarsonOriginalMay 17, 2012
D-CAAnna G. EshooOriginalMay 17, 2012
D-CABarbara LeeOriginalMay 17, 2012
D-NMBen Ray LujánOriginalMay 17, 2012
D-MSBennie G. ThompsonOriginalMay 17, 2012
D-MNBetty McCollumOriginalMay 17, 2012
D-NJBill Pascrell, Jr.OriginalMay 17, 2012
D-CABob FilnerOriginalMay 17, 2012
D-ILBobby L. RushOriginalMay 17, 2012
D-NYBrian HigginsOriginalMay 17, 2012
D-IABruce L. BraleyOriginalMay 17, 2012
D-MDC. A. Dutch RuppersbergerOriginalMay 17, 2012
D-NYCarolyn B. MaloneyOriginalMay 17, 2012
D-NYCarolyn McCarthyOriginalMay 17, 2012
D-LACedric L. RichmondOriginalMay 17, 2012
D-PAChaka FattahOriginalMay 17, 2012
D-TXCharles A. GonzalezOriginalMay 17, 2012
D-NYCharles B. RangelOriginalMay 17, 2012
D-MEChellie PingreeOriginalMay 17, 2012
D-MDChris Van HollenOriginalMay 17, 2012
D-HIColleen HanabusaOriginalMay 17, 2012
D-FLCorrine BrownOriginalMay 17, 2012
D-MIDale E. KildeeOriginalMay 17, 2012
D-ILDanny K. DavisOriginalMay 17, 2012
D-NCDavid E. PriceOriginalMay 17, 2012
D-RIDavid N. CicillineOriginalMay 17, 2012
D-GADavid ScottOriginalMay 17, 2012
D-FLDebbie Wasserman SchultzOriginalMay 17, 2012
D-CODiana DeGetteOriginalMay 17, 2012
D-MDDonna F. EdwardsOriginalMay 17, 2012
D-VIDonna M. ChristensenOriginalMay 17, 2012
D-CADoris O. MatsuiOriginalMay 17, 2012
D-OREarl BlumenauerOriginalMay 17, 2012
D-TXEddie Bernice JohnsonOriginalMay 17, 2012
D-NYEdolphus TownsOriginalMay 17, 2012
D-DCEleanor Holmes NortonOriginalMay 17, 2012
D-MDElijah E. CummingsOriginalMay 17, 2012
D-NYEliot L. EngelOriginalMay 17, 2012
D-MOEmanuel CleaverOriginalMay 17, 2012
D-CAFortney Pete StarkOriginalMay 17, 2012
D-FLFrederica S. WilsonOriginalMay 17, 2012
D-NCG. K. ButterfieldOriginalMay 17, 2012
D-MIGary C. PetersOriginalMay 17, 2012
D-TXGene GreenOriginalMay 17, 2012
D-CAGeorge MillerOriginalMay 17, 2012
D-VAGerald E. ConnollyOriginalMay 17, 2012
D-CAGrace F. NapolitanoOriginalMay 17, 2012
D-NYGregory W. MeeksOriginalMay 17, 2012
D-WIGwen MooreOriginalMay 17, 2012
D-MIHansen ClarkeOriginalMay 17, 2012
D-CAHenry A. WaxmanOriginalMay 17, 2012
D-GAHenry C. "Hank" Johnson, Jr.OriginalMay 17, 2012
D-SCJames E. ClyburnOriginalMay 17, 2012
D-RIJames R. LangevinOriginalMay 17, 2012
D-ILJanice D. SchakowskyOriginalMay 17, 2012
D-CAJanice HahnOriginalMay 17, 2012
D-NYJerrold NadlerOriginalMay 17, 2012
D-ILJesse L. Jackson, Jr.OriginalMay 17, 2012
D-WAJim McDermottOriginalMay 17, 2012
D-CAJoe BacaOriginalMay 17, 2012
D-CTJoe CourtneyOriginalMay 17, 2012
D-CTJohn B. LarsonOriginalMay 17, 2012
D-MIJohn Conyers, Jr.OriginalMay 17, 2012
D-MIJohn D. DingellOriginalMay 17, 2012
D-NYJose E. SerranoOriginalMay 17, 2012
D-NYJoseph CrowleyOriginalMay 17, 2012
D-CAJudy ChuOriginalMay 17, 2012
D-CAKaren BassOriginalMay 17, 2012
D-FLKathy CastorOriginalMay 17, 2012
D-MNKeith EllisonOriginalMay 17, 2012
D-CALaura RichardsonOriginalMay 17, 2012
D-CALoretta SanchezOriginalMay 17, 2012
D-CALucille Roybal-AllardOriginalMay 17, 2012
D-ILLuis V. GutierrezOriginalMay 17, 2012
D-CALynn C. WoolseyOriginalMay 17, 2012
D-GUMadeleine Z. BordalloOriginalMay 17, 2012
D-OHMarcia L. FudgeOriginalMay 17, 2012
D-OHMarcy KapturOriginalMay 17, 2012
D-NYMaurice D. HincheyOriginalMay 17, 2012
D-CAMaxine WatersOriginalMay 17, 2012
D-HIMazie K. HironoOriginalMay 17, 2012
D-NCMelvin L. WattOriginalMay 17, 2012
D-PAMichael F. DoyleOriginalMay 17, 2012
D-CAMichael M. HondaOriginalMay 17, 2012
D-ILMike QuigleyOriginalMay 17, 2012
D-NYNydia M. VelázquezOriginalMay 17, 2012
D-NYPaul TonkoOriginalMay 17, 2012
D-PRPedro R. PierluisiOriginalMay 17, 2012
D-ORPeter A. DeFazioOriginalMay 17, 2012
D-VTPeter WelchOriginalMay 17, 2012
D-AZRaúl M. GrijalvaOriginalMay 17, 2012
D-WARick LarsenOriginalMay 17, 2012
D-PARobert A. BradyOriginalMay 17, 2012
D-VARobert C. "Bobby" ScottOriginalMay 17, 2012
D-WIRon KindOriginalMay 17, 2012
D-CTRosa L. DeLauroOriginalMay 17, 2012
D-TXRuben HinojosaOriginalMay 17, 2012
D-NJRush HoltOriginalMay 17, 2012
D-MORuss CarnahanOriginalMay 17, 2012
D-CASam FarrOriginalMay 17, 2012
D-MISander M. LevinOriginalMay 17, 2012
D-GASanford D. Bishop, Jr.OriginalMay 17, 2012
D-TXSheila Jackson LeeOriginalMay 17, 2012
D-TXSilvestre ReyesOriginalMay 17, 2012
D-MDSteny H. HoyerOriginalMay 17, 2012
D-TNSteve CohenOriginalMay 17, 2012
D-NYSteve IsraelOriginalMay 17, 2012
D-NJSteven R. RothmanOriginalMay 17, 2012
D-CASusan A. DavisOriginalMay 17, 2012
D-ORSuzanne BonamiciOriginalMay 17, 2012
D-ALTerri A. SewellOriginalMay 17, 2012
D-FLTheodore E. DeutchOriginalMay 17, 2012
D-OHTim RyanOriginalMay 17, 2012
D-NYTimothy H. BishopOriginalMay 17, 2012
D-MAWilliam R. KeatingOriginalMay 17, 2012
D-MOWm. Lacy ClayOriginalMay 17, 2012
D-CAXavier BecerraOriginalMay 17, 2012
D-NYYvette D. ClarkeOriginalMay 17, 2012
D-CAZoe LofgrenOriginalMay 17, 2012
D-NYGary L. AckermanMay 18, 2012
D-COJared PolisMay 18, 2012
D-KYJohn A. YarmuthMay 18, 2012
D-CAMike ThompsonMay 18, 2012
D-NYNita M. LoweyMay 18, 2012
D-NYLouise McIntosh SlaughterJun 8, 2012
D-IADavid LoebsackJun 27, 2012
D-CTJames A. HimesJun 27, 2012
D-MAJames P. McGovernJun 27, 2012
D-VAJames P. MoranJun 27, 2012
D-CAJohn GaramendiJun 27, 2012
D-MDJohn P. SarbanesJun 27, 2012
D-CALinda T. SánchezJun 27, 2012
D-TXLloyd DoggettJun 27, 2012
D-NVShelley BerkleyJun 27, 2012

Committees 6

Where it was sent and what each committee and subcommittee did with it, in order.

ChamberCommitteeWhat it did
HouseCommittee on House Administration
Referred May 17, 2012
Elections Subcommittee
Referred May 24, 2012
HouseJudiciary Committee
Referred May 17, 2012
Constitution and Limited Government Subcommittee
Referred Jun 4, 2012
HouseScience, Space, and Technology Committee
Referred May 17, 2012
Technology Subcommittee
Referred Jun 18, 2012
HouseVeterans' Affairs Committee
Referred May 17, 2012
Health Subcommittee
Referred May 29, 2012
HouseOversight and Government Reform Committee
Referred May 17, 2012
HouseEducation and Workforce Committee
Referred May 17, 2012
Higher Education and Workforce Development Subcommittee
Referred Sep 26, 2012

Actions 8

Everything that happened, newest first.

  1. Sep 26, 2012Referred to the Subcommittee on Higher Education and Workforce Training.
  2. Jun 18, 2012Referred to the Subcommittee on Technology and Innovation.
  3. Jun 4, 2012Referred to the Subcommittee on the Constitution.
  4. May 29, 2012Referred to the Subcommittee on Health.
  5. May 24, 2012Referred to the Subcommittee on Elections.

In the Congressional Record 3

Days the Record’s own index lists this bill, newest first, with the pages and the members it names. Pages starting H are the House, S the Senate, E Extensions of Remarks.

WhereIn the RecordMembersDate
ExtensionsDebate and remarks E1703Janice D. Schakowsky D-ILOct 16, 2012
HouseDebate and remarks H5118, H5120–H5122Donna M. Christensen D-VI, Sheila Jackson Lee D-TX, Steny H. Hoyer D-MDJul 23, 2012
ExtensionsDebate and remarks E838John Lewis D-GAMay 17, 2012

Research

What has been written about this bill: committee reports, cost estimates, the sponsor’s authority statement, printed hearings and the Congressional Research Service’s work.

Constitutional authority

Congress has the power to enact this legislation pursuant to the following: The authority for the introduction of this bill is Article I, Section 4, of the U.S. Constitution.

The sponsor’s statement, as printed in the page H3104.

CRS reports 2

Congressional Research Service work that CRS links to this bill or the law it became, newest first.

Cite it 2

Products on other subjects that cite it, usually among other measures.

Related bills 10

Companion bills and other measures the record links to this one.

BillTitleRelationshipLatest action
HR 107Caging Prohibition Act of 2011Related billJan 24, 2011
S 2017Democracy Restoration Act of 2011Related billDec 16, 2011
HR 2212Democracy Restoration Act of 2011Related billAug 25, 2011
HR 3317Same Day Voter Registration Act of 2011Related billNov 2, 2011
S 3608Voter Empowerment Act of 2012Identical billSep 21, 2012

Titles 4

Every title it has carried, official and short, at each stage.

Official Title as Introduced
To modernize voter registration, promote access to voting for individuals with disabilities, protect the ability of individuals to exercise the right to vote in elections for Federal office, and for other purposes.
Short Titles as Introduced
Voter Empowerment Act of 2012
Short Titles as Introduced for portions of this bill
Voter Confidence and Increased Accessibility Act of 2012
Voter Registration Modernization Act of 2012

Subjects

Assigned by the Library of Congress. Policy area: Government Operations and Politics.

Text 1

Each version as it was printed, newest first.

  1. May 17, 2012Introduced in House

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Everything here is as published by Congress: the summary is the Congressional Research Service's, the action wording is the clerks', and the subjects are the Library of Congress's. How far it got is read from the actions themselves, taking the most recent one of each kind, so a bill that failed a vote and later passed is shown as having passed. Records come from this bill on Congress.gov and govinfo.gov; cost estimates are the Congressional Budget Office's, and the hearings are the printed hearings GovInfo publishes, which can appear months after the hearing.