H.R. 4914 — Unhoused Voter Opportunity Through Elections Act

This section prohibits any state or political subdivision from imposing or applying a voting qualification, prerequisite, standard, practice, or procedure that denies or abridges the right of a U.S. citizen to vote because that citizen resides at or in a nontraditional abode (i.e., a residence other than a traditional home, such as a shelter, vehicle, encampment, or street).

This section authorizes the Attorney General to commence civil actions in the name of the United States, including against states or political subdivisions, for declaratory or injunctive relief against violations of this title. It also establishes a private right of action for persons aggrieved by such violations to seek declaratory or injunctive relief in an appropriate U.S. district court.

This section defines the term "nontraditional abode," for purposes of this title, to include (1) a supervised publicly or privately operated shelter designed to provide temporary living accommodations (including welfare hotels, congregate shelters, transitional housing, substance abuse treatment facilities); (2) a public or private place not designated for, or ordinarily used as, regular sleeping accommodation for human beings; (3) any location in which, because an individual resides in the location, the individual is considered to be a homeless individual under the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11302); and (4) in the case of a state in which an individual incarcerated in a prison is eligible to register to vote and vote in elections for public office, a prison.

This section adds a new subtitle C to title III of the Help America Vote Act of 2002 (52 U.S.C. 21081 et seq.) titled "Access to Voting for Unhoused Individuals," which includes the following provisions: (1) Section 321 requires jurisdictions permitting drop boxes for voted ballots in federal elections to ensure the drop boxes are accessible, clearly labeled, and located, numbered, and operated with consideration for access by unhoused individuals, based on consultation with service providers and stakeholders. (2) Section 322 directs states to accept, for federal elections, (A) a written attestation under penalty of perjury as documentation of residence (and permits use of a homeless shelter as a voter's residence if located in the relevant jurisdiction) and (B) identification issued by a criminal justice entity (e.g., correctional facility, court, probation or parole officer). (3) Section 323 requires the chief state election official to (A) ensure state and local election websites include clear information and hyperlinks on voter registration and voting for unhoused individuals (also in applicable non-English languages under the Voting Rights Act) and (B) notify homeless shelters, social services agencies, and similar entities of federal election voter registration deadlines (60 days prior) and election dates (30 days prior). (4) Section 324 directs the Election Assistance Commission, in consultation with the U.S. Interagency Council on Homelessness and relevant stakeholders, to develop and update best practices for state and local election officials to promote unhoused individuals' access to voter registration and voting in federal elections, covering awareness, disability access, poll worker training, and service access for non-voters.

This section amends the National Voter Registration Act of 1993 to facilitate voter registration for homeless individuals by (1) designating all emergency shelters in a state under the McKinney-Vento Homeless Assistance Act as voter registration agencies required to distribute registration materials; (2) requiring the federal mail voter registration form and state alternatives to include a drawing of an intersection on which applicants may manually mark their residence location, including crossroads names and nearby landmarks; and (3) permitting unhoused applicants—defined as homeless individuals under the McKinney-Vento Homeless Assistance Act—to use an unsheltered street location as their residence address on applications.

This section requires community-wide homeless management information systems (HMIS)—which collaborative applicants must ensure are operated with consistent project sponsor participation—to collect information on the extent to which individuals experiencing homelessness register to vote and vote in federal elections. (As background, collaborative applicants coordinate Continuum of Care grant applications under the McKinney-Vento Homeless Assistance Act and oversee HMIS to track homeless services and outcomes.)

This section establishes a grant program administered by the Election Assistance Commission under which eligible states and units of local government may receive grants to support unhoused individuals' access to voter registration and voting in federal elections, including through operating mobile voting centers and providing direct outreach. Grantees may use funds to contract with private entities experienced in assisting unhoused individuals to provide such services.

This section establishes eligibility criteria for States and units of local government to receive grants under this title. To qualify, applicants must submit to the Election Assistance Commission required information and assurances, including (1) a plan to engage stakeholders with experience serving unhoused individuals, and (2) assurances that grant-funded documents produced for unhoused individuals—including under contracts described in section 301(b)—remain readable and usable after extended exposure to the elements.

This section defines the term "State" for purposes of the Act to include each of the 50 states, the District of Columbia, Puerto Rico, Guam, American Samoa, the U.S. Virgin Islands, and the Commonwealth of the Northern Mariana Islands.