HR-1460 : Still Just a Bill

This bill prohibits voter caging and establishes penalties for violations. Voter caging is a practice of preventing or challenging voter registration, oftentimes by sending direct mail to individuals on the voter rolls, compiling a list of the undeliverable mail (voter caging list), and using the list to remove or challenge voter registrations.

First, the bill generally prohibits state or local election officials from preventing an individual from registering or voting in any federal election, or from permitting a formal challenge under state law to an individual's registration status or eligibility to vote, if the decision is based on certain evidence. Such evidence includes (1) a voter caging document or voter caging list, (2) an unverified match list, (3) an error or omission on a voter document that is immaterial to the individual's eligibility to vote, or (4) other evidence as designated by the Election Assistance Commission (EAC).

Additionally, it requires a private individual who challenges the right of another citizen to vote to set forth in writing, under penalty of perjury, a good faith factual basis for the ineligibility.

Further, it prohibits certain challenges to an individual's eligibility to vote in a federal election within 10 days of the election.

A violator is subject to penalties—a fine, up to one year in prison, or both.

Finally, the EAC must develop and publish best practices for preventing voter caging, and include such practices in voter information materials.