119-s2994

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 2994 Introduced in Senate

    (IS) ]

<DOC>

119th CONGRESS
 1st Session
 S. 2994

To amend the National Voter Registration Act of 1993 to clarify that a 
 State may not use an individual's failure to vote as the basis for 
 initiating the procedures provided under such Act for the removal of 
the individual from the official list of registered voters in the State 
on the grounds that the individual has changed residence, and for other 
 purposes.

_______________________________________________________________________

 IN THE SENATE OF THE UNITED STATES

 October 9, 2025

 Mr. Padilla (for himself, Ms. Klobuchar, Mr. Murphy, Mr. Van Hollen, 
 Ms. Smith, Mr. Sanders, Mrs. Gillibrand, Mr. King, Mr. Kaine, Mr. 
 Schiff, Ms. Alsobrooks, Ms. Hirono, Mrs. Shaheen, Mr. Blumenthal, Ms. 
 Warren, Mr. Booker, Mr. Merkley, Ms. Duckworth, Mr. Fetterman, Mr. 
Wyden, Mr. Markey, Mr. Kim, Mr. Peters, and Ms. Slotkin) introduced the 
 following bill; which was read twice and referred to the Committee on 
 Rules and Administration

_______________________________________________________________________

 A BILL

To amend the National Voter Registration Act of 1993 to clarify that a 
 State may not use an individual's failure to vote as the basis for 
 initiating the procedures provided under such Act for the removal of 
the individual from the official list of registered voters in the State 
on the grounds that the individual has changed residence, and for other 
 purposes.

 Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

 This Act may be cited as the ``Voter Purge Protection Act''.

SEC. 2. PURPOSE.

 The purposes of this Act are--

    (1) to prohibit States from removing individuals from an 
 official list of registered voters due to changes in residence; 
 and

    (2) to protect the right to vote by allowing voters who are 
 automatically registered or had previously registered to vote 
 in a State to update their address through the day of the 
 election.

SEC. 3. CONDITIONS FOR REMOVAL OF VOTERS FROM LIST OF REGISTERED 
 VOTERS.

    (a) Conditions Described.--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:

``

SEC. 8A. CONDITIONS FOR REMOVAL OF VOTERS FROM OFFICIAL LIST OF 
 REGISTERED VOTERS.

 ``

    (a) Verification on Basis of Objective and Reliable Evidence of 
Ineligibility.--
 ``

    (1) Requiring verification.--Notwithstanding any other 
 provision of this Act, a State may not remove the name of any 
 registrant from the official list of voters eligible to vote in 
 elections for Federal office in the State unless the State 
 verifies, on the basis of objective and reliable evidence, that 
 the registrant is ineligible to vote in such elections.
 ``

    (2) Factors not considered as objective and reliable 
 evidence of ineligibility.--For purposes of paragraph

    (1) , 
 except as permitted under 

section 8
            (d) after a notice described 
 in paragraph

    (2) of such section has been sent, the following 
 factors, or any combination thereof, shall not be treated as 
 objective and reliable evidence of a registrant's ineligibility 
 to vote:
 ``
        (A) The failure of the registrant to vote in any 
 election.
 ``
        (B) The failure of the registrant to respond to 
 any election mail, unless the election mail has been 
 returned as undeliverable.
 ``
            (C) The failure of the registrant to take any 
 other action with respect to voting in any election or 
 with respect to the registrant's status as a 
 registrant.
 ``

    (3) Removal based on official records.--
 ``
        (A) In general.--Nothing in this section shall 
 prohibit a State from removing a registrant from the 
 official list of eligible voters in elections for 
 Federal office if, on the basis of official records 
 maintained by the State, a State or local election 
 official knows, on the basis of objective and reliable 
 evidence, that the registrant has--
 ``
            (i) died; or
 ``
            (ii) permanently moved out of the State 
 and is no longer eligible to vote in the State.
 ``
        (B) Opportunity to demonstrate eligibility.--The 
 State shall provide a voter removed from the official 
 list of eligible voters in elections for Federal office 
 under this paragraph an opportunity to demonstrate that 
 the registrant is eligible to vote and be reinstated on 
 the official list of eligible voters in elections for 
 Federal office in the State.
 ``

    (b) Notice After Removal.--
 ``

    (1) Notice to individual removed.--
 ``
        (A) In general.--Not later than 48 hours after a 
 State removes the name of a registrant from the 
 official list of eligible voters, the State shall send 
 notice of the removal to the former registrant, and 
 shall include in the notice the grounds for the removal 
 and information on how the former registrant may 
 contest the removal or be reinstated, including a 
 telephone number for the appropriate election official.
 ``
        (B) Exceptions.--Subparagraph
        (A) does not apply 
 in the case of a registrant--
 ``
            (i) who sends written confirmation to the 
 State that the registrant is no longer eligible 
 to vote in the registrar's jurisdiction in 
 which the registrant was registered; or
 ``
            (ii) who is removed from the official 
 list of eligible voters by reason of the death 
 of the registrant.
 ``

    (2) Public notice.--Not later than 48 hours after 
 conducting any general program to remove the names of 
 ineligible voters from the official list of eligible voters (as 
 described in 

section 8

    (a)

    (4) ), the State shall disseminate a 
 public notice through such methods as may be reasonable to 
 reach the general public (including by publishing the notice in 
 a newspaper of wide circulation and posting the notice on the 
 websites of the appropriate election officials) that list 
 maintenance is taking place and that registrants should check 
 their registration status to ensure no errors or mistakes have 
 been made. The State shall ensure that the public notice 
 disseminated under this paragraph is in a format that is 
 reasonably convenient and accessible to voters with 
 disabilities, including voters who have low vision or are 
 blind.''.

    (b) Conditions for Transmission of Notices of Removal.--

Section 8
            (d) of such Act (52 U.S.C. 20507
            (d) ) is amended by adding at the end 
the following new paragraph:
 ``

    (4) A State may not transmit a notice to a registrant 
 under this subsection unless the State obtains objective and 
 reliable evidence (in accordance with the standards for such 
 evidence which are described in 

section 8A

    (a)

    (2) ) that the 
 registrant has changed residence to a place outside the 
 registrar's jurisdiction in which the registrant is 
 registered.''.
            (c) Conforming Amendments.--

    (1) National voter registration act of 1993.--

Section 8

    (a) of such Act (52 U.S.C. 20507

    (a) ) is amended--
        (A) in paragraph

    (3) , by striking ``provide'' and 
 inserting ``subject to 

section 8A, provide''; and
        (B) in paragraph

    (4) , by striking ``conduct'' and 
 inserting ``subject to 

section 8A, conduct''.

    (2) Help america vote act of 2002.--

Section 303

    (a)

    (4)
        (A) of 
 the Help America Vote Act of 2002 (52 U.S.C. 21083

    (a)

    (4)
        (A) ) is 
 amended by striking ``registrants'' the second place it appears 
 and inserting ``and subject to 

section 8A of such Act, 
 registrants''.
            (d) Effective Date.--The amendments made by this section shall take 
effect on the date of the enactment of this Act.

SEC. 4. STATE REGISTRATION PORTABILITY.

    (a) In General.--

Section 8

    (e) of the National Voter Registration 
Act of 1993 (52 U.S.C. 20507

    (e) ) is amended to read as follows:
 ``

    (e) Procedure for Voting Following Failure To Return Card.--
Notwithstanding failure to notify the registrar of the change of 
address prior to the date of an election, a registrant who has moved 
from an address in the State to an address in the same State shall, 
upon oral or written affirmation by the registrant of the change of 
address before an election official, be permitted to vote (at the 
option of the voter)--
 ``

    (1) at the polling place of the registrant's current 
 address; or
 ``

    (2) at a central location within the same registrar's 
 jurisdiction.''.

    (b) Effective Date.--The amendment made by this section shall take 
effect on the date of the enactment of this Act.
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