H.R. 4916 — Youth Voting Rights Act

This section designates the Act as the “Youth Voting Rights Act” and sets forth the table of contents.

This section expresses the sense of Congress that, 50 years after ratification of the 26th Amendment—which extended voting rights to U.S. citizens 18 years of age and older and prohibited age-based discrimination in voting—its promises remain unfulfilled despite enduring motivations for ratification; and that Congress is enforcing the amendment through this Act pursuant to its authority under section 2.

This section states congressional findings on the history and bipartisan support for the 26th Amendment, which lowered the voting age to 18; youth contributions to democracy; turnout trends (e.g., 28% in 2018 midterms vs. 13% in 2014); generational voting patterns; and barriers facing young voters, including disproportionate use and rejection of provisional ballots (e.g., 1 in 4 Millennials in 2016 vs. 6% of Baby Boomers) and higher mail ballot rejection rates.

This section establishes a private right of action in federal district court for any person 18 years of age or older aggrieved by a denial or abridgment of the right to vote on account of age. To prevail, a plaintiff must show that a voting qualification, prerequisite, standard, practice, or procedure (1) denies or abridges due process or equal protection under the 14th and 26th Amendments to citizens 18 years of age or older and (2) is not necessary to advance a compelling state or local interest; prevailing plaintiffs recover reasonable attorneys’ fees, expert witness fees, and other costs.

This section amends the National Voter Registration Act of 1993 (NVRA) to designate all offices within public institutions of higher education—as defined in sections 101 and 102(c) of the Higher Education Act of 1965 (20 U.S.C. 1001, 1002(c))—that provide assistance to students as voter registration agencies under NVRA Section 7(a)(2). It further amends NVRA Section 4(b) to require that, notwithstanding a state's exemption from certain NVRA mail voter registration requirements, NVRA subsection (a)(3)(B), Section 7, and Section 8(a)(1)(C), (5), and (6) apply to such offices in those states.

This section establishes a pre-registration process under the National Voter Registration Act of 1993 (NVRA) (i.e., "Motor Voter" law) requiring each state to allow residents at least 16 years old to apply to register to vote in federal elections, with automatic activation of registration upon turning 18 if otherwise eligible; states must provide these services through the same voter registration channels required under NVRA sections 5 and 7 (i.e., driver's license offices and designated agencies), and states may extend the process to those younger than 16. This section further amends NVRA section 4(b)(2), which exempts certain states (i.e., those without voter registration requirements or with election-day registration) from most NVRA provisions, to specify that the new pre-registration requirement applies to those states as well. The amendments take effect 90 days after enactment.

This section requires each state, including the District of Columbia, to ensure polling places for federal elections are available on the date of the election at each campus of public institutions of higher education (IHEs)—defined to include main campuses, branch campuses, and additional U.S. locations offering in-person courses—unless waived by the Attorney General, and at campuses of non-public IHEs upon the institution's written permission. For non-public IHEs, states must request permission in writing at least 90 days before the state's polling location certification deadline, for the next federal election or longer as agreed; absent permission, states must provide alternatives for students age 18 and over, such as free shuttles to nearby polls, on-campus absentee ballot drop boxes, or on-campus early voting or mobile units. The Attorney General may grant waivers for public IHE campuses deemed unsuitable—considering factors including physical accessibility, proximity to population centers, impacts on students from historically disadvantaged communities, compliance with other election laws, and enrollment size—provided states implement comparable alternatives; the Attorney General must issue related guidance within 180 days of enactment. This section authorizes the Attorney General to enforce requirements through civil actions for declaratory or injunctive relief and provides a private right of action for aggrieved persons, with 90-day (or 20-day pre-election) notice to the state election official required unless the violation occurs within 30 days of the election.

This section expands the prohibition on durational residency requirements as a precondition to voting, and the requirement for uniform standards on absentee registration and balloting, from presidential elections to all elections for federal office (i.e., President, Vice President, Senator, and Representative). (1) It revises congressional findings to reference federal office generally, adds a reference in finding (5) to the 26th Amendment including the right to vote from a college domicile, and updates finding (6) to elections for federal office; (2) it makes conforming changes throughout subsections (c) through (f); and (3) it adds a private right of action in new subsection (j), allowing any aggrieved person to sue in federal district court for violations, with prevailing plaintiffs recovering reasonable attorneys' fees, expert witness fees, and other costs. (Thus, states and localities may not deny voting rights in any federal election due to failure to meet durational residency rules.)

This section requires states and localities with voter identification requirements, under the Help America Vote Act of 2002, to treat student identification cards issued by institutions of higher education—as defined in section 101(a) and (b) and section 102(b) and (c) of the Higher Education Act of 1965 (20 U.S.C. 1001(a), 1001(b), 1002(b), 1002(c))—that contain minimum identifying information as meeting such requirements. (Institutions of higher education generally include public and nonprofit degree-granting colleges and universities, certain vocational schools preparing students for gainful employment, and proprietary institutions meeting specified criteria.)

This section establishes a grant program under the Help America Vote Act of 2002 administered by the Election Assistance Commission to eligible states for activities increasing youth involvement—including those under 18 years of age—in public election activities. To qualify, a state must submit an application with a plan that (1) promotes pre-registration under section 8A of the National Voter Registration Act of 1993, (2) modifies secondary school curricula to promote civic engagement, (3) provides funding to secondary schools and institutions of higher education for voter registration and turnout activities (including pre-registration where allowed), (4) creates paid youth fellowships to work with state and local election officials, (5) reduces electoral access disparities among youth in protected classes, and (6) includes other youth engagement activities (e.g., serving as poll workers or deputy voter registrars where allowed and outreach to vulnerable populations such as those in unstable housing or not pursuing college). Grants cover a two-year period agreed upon by the state and Commission, with states required to submit performance reports six months after the period ends. The section further establishes a Youth Engagement Fund, authorizes $26 million for FY2026 (and for each subsequent fiscal year, $26 million minus prior-year unobligated balances), and makes appropriated funds available for 10 years; it also includes a clerical amendment to the Act's table of contents.

This section expands the Attorney General's authority under the Voting Rights Act of 1965 to enforce the 26th Amendment—which prohibits denying or abridging the right to vote on account of age for U.S. citizens who are 18 years of age or older—by expressly directing actions against states or political subdivisions for age-based restrictions on mail voting by individuals of legal voting age. It also states the sense of Congress that such restrictions violate the 26th Amendment.

This section directs the Comptroller General of the United States to submit to Congress, not later than 180 days after enactment, a report analyzing voter registration trends, absentee voting trends, and provisional voting trends disaggregated by specified age cohorts from 16-17 to 85 and older (and by race where available). The report must examine (1) reliance on absentee and provisional ballots by age; (2) availability of polling places on campuses of institutions of higher education; (3) rejection rates for voter registration and absentee ballot applications; (4) rejection rates for absentee and provisional ballots; and (5) reasons for those rejections. This section further directs the Election Assistance Commission (EAC) to collect and publicly release, as part of its Election Administration and Voting Survey, state data on application and rejection rates for voter registration and absentee ballots, absentee and provisional ballot rejection rates, reasons for rejections, and campus polling place availability for federal elections—disaggregated by the same age cohorts (and race where available). To implement EAC data collection, this section amends the Help America Vote Act of 2002 by (1) inserting new §303A, which requires states to furnish requested information to the EAC for federal elections occurring after enactment; (2) expanding the Attorney General's civil enforcement authority under §401 to cover §§303 and 303A (from §303 only); and (3) adding §303A to the table of contents.