Anti-Fraud Provisions
THE NEY-DODD-HOYER-MCCONNELL HELP AMERICA VOTE ACT OF 2002
(H.R. 3295)
SUMMARY OF ANTI-FRAUD PROVISIONS
I. DRIVER'S LICENSE REQUIREMENT FOR VOTER REGISTRATION
Each individual who registers to vote must provide a driver's license number or, if the individual does not have a driver's license, the last four digits of his or her Social Security Number (SSN). If an individual lacks either number, the state will assign a unique identifier. A state election official then must match the data in the statewide voter registration database with the information in the state's motor vehicle database, which is generally regarded as the state's most accurate and up-to-date database.
The state motor vehicle authority and the Social Security Administration (SSA) then are required to enter into an agreement under which the SSA will verify the accuracy of the voter registration information provided by the state motor vehicle authority. [NOTE: Under current federal law, every applicant for a driver's license must provide his or her SSN.]
II. VOTER IDENTIFICATION REQUIREMENTS
First-time voters who register by mail must provide proof of identity at some point in the process: at the time of registration, when they vote in person, or when they vote by mail. Such voters must provide a current and valid ID or a copy of a bank statement, paycheck, utility bill, or other government document that shows the name and address of the voter.
III. STATEWIDE VOTER REGISTRATION DATABASE
States will be required to maintain voter registration systems on a statewide level, administered by a state official. The database must be able to produce voter lists for every jurisdiction in the state, and each voter must be issued a unique voter identification number. The statewide system will significantly enhance the ability of states to keep clean lists, free of duplicates and fraudulent voters.
IV. REGISTRATION CARDS
The mail-in registration cards mandated by Motor Voter will now include check-off boxes regarding the citizenship and age of the registrant. If the registrant fails to check the citizenship box, he or she will be notified of the omission and will be given the opportunity to complete the form.
V. REQUIREMENT THAT STATES MAINTAIN ACCURATE VOTER REGISTRATION RECORDS
Voters who have not responded to a notice and have not voted in two or more consecutive general elections for federal office shall be removed from the voter lists. Along with the statewide voter registration database, this provision will greatly assist the states in clearing "dead wood" from their voter records.
VI. PROVISIONAL VOTING
Voters who are challenged or who do not appear on a registration list must be offered the opportunity to cast a provisional ballot. Such voters must sign an affidavit attesting that the voter believes he or she is registered and eligible to vote in that precinct under state law. If the affidavit is verified, the ballot will be tabulated. However, provisional ballots must be held separately, and no such ballot shall be counted until the affidavit is determined to establish the voter's eligibility.
VII. VOTERS WHO CAST BALLOTS AFTER THE POLL-CLOSING TIME AS THE RESULT OF A COURT ORDER
If a federal or state court orders a poll to remain open beyond the time provided by state law, votes cast after poll-closing time must be cast provisionally. Such provisional ballots must be separated and held apart from other provisional ballots.
VIII. CRIMINAL PENALTIES FOR VOTING FRAUD
The following acts will now be considered federal crimes:
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