HR4913-119

2. Protections against bad faith challenges to voter registration status The National Voter Registration Act of 1993 (52 U.S.C. 20501 et seq.) is amended by inserting after section 8 the following new section: No person, other than a State or local election official, may submit to a State or local election official a formal challenge to the voter registration status of an individual who is registered to vote in elections for Federal office held in the State unless the person— provides the official with clear and convincing evidence generated by an inquiry into the specific individual’s voter registration status that offers proof that the individual is not eligible to be registered to vote in elections for Federal office in the State and is not generated by a mass computerized data matching process; presents the official with an oath or attestation of such person under penalty of perjury that the person has personal knowledge that the individual is not eligible to be registered to vote in elections for Federal office in the State; and if the person is an individual, is registered to vote in the same registrar’s jurisdiction as the individual who is the subject of the challenge. A State or local election official who operates an online portal through which a person may submit a formal challenge to the voter registration status of an individual who is registered to vote in elections for Federal office held in the State— shall reject a challenge submitted on the portal by a person who does not include the person’s name on the material the person submits for the challenge; and shall include on the portal information on the prohibition under subsection (a). Section 11(b) of such Act (52 U.S.C. 20510(b)) is amended by adding at the end the following new paragraph: In the case of a violation of section 8A— the aggrieved person need not provide notice to the chief election official of the State under paragraph (1) before bringing a civil action under paragraph (2); and in addition to declaratory and injunctive relief, the civil action may be for compensatory damages equal to the amount incurred by the aggrieved person due to the violation, together with punitive damages in an amount not to exceed $1,000 for each such violation. Section 12 of such Act (52 U.S.C. 20511) is amended— by striking A person and inserting (a) In general.—A person; and by adding at the end the following new subsection: In addition to any other penalty under this Act, if— a person submits to a State or local election official a formal challenge to the voter registration status of an individual who is registered to vote in elections for Federal office held in the State knowing and negligently disregarding that the individual is eligible to be registered to vote in elections for Federal office in the State; or a person provides another person with information alleging that an individual is not eligible to be registered to vote in elections for Federal office held in a State knowing that the information is false and with the reasonable expectation that the person to whom the information is provided will use the information to submit to a State or local election official a formal challenge to the voter registration status of the individual, The amendments made by this section shall apply with respect to a challenge to the voter registration status of an individual who is registered to vote in elections for Federal office in a State which is made after the date of the enactment of this Act. 8A.Protections against bad-faith challenges to registration status (a) Protections against bad-Faith challenges No person, other than a State or local election official, may submit to a State or local election official a formal challenge to the voter registration status of an individual who is registered to vote in elections for Federal office held in the State unless the person— (1) provides the official with clear and convincing evidence generated by an inquiry into the specific individual’s voter registration status that offers proof that the individual is not eligible to be registered to vote in elections for Federal office in the State and is not generated by a mass computerized data matching process; (2) presents the official with an oath or attestation of such person under penalty of perjury that the person has personal knowledge that the individual is not eligible to be registered to vote in elections for Federal office in the State; and (3) if the person is an individual, is registered to vote in the same registrar’s jurisdiction as the individual who is the subject of the challenge. (b)Requirements for online portals accepting challengesA State or local election official who operates an online portal through which a person may submit a formal challenge to the voter registration status of an individual who is registered to vote in elections for Federal office held in the State— (1)shall reject a challenge submitted on the portal by a person who does not include the person’s name on the material the person submits for the challenge; and (2)shall include on the portal information on the prohibition under subsection (a).. (4)In the case of a violation of section 8A— (A)the aggrieved person need not provide notice to the chief election official of the State under paragraph (1) before bringing a civil action under paragraph (2); and (B)in addition to declaratory and injunctive relief, the civil action may be for compensatory damages equal to the amount incurred by the aggrieved person due to the violation, together with punitive damages in an amount not to exceed $1,000 for each such violation.. (b) Knowing and negligent false challenge to eligibility To register To vote In addition to any other penalty under this Act, if— (1) a person submits to a State or local election official a formal challenge to the voter registration status of an individual who is registered to vote in elections for Federal office held in the State knowing and negligently disregarding that the individual is eligible to be registered to vote in elections for Federal office in the State; or (2) a person provides another person with information alleging that an individual is not eligible to be registered to vote in elections for Federal office held in a State knowing that the information is false and with the reasonable expectation that the person to whom the information is provided will use the information to submit to a State or local election official a formal challenge to the voter registration status of the individual, the person shall be fined in accordance with title 18, United States Code, imprisoned not more than 6 months, or both, except that if the person is not an individual, the amount of the fine shall be equal to $10,000 for each violation under this subsection. .