H.R. 8078
Voter Empowerment Act of 2026
Sponsor: James E. Clyburn
3 cosponsors
Official summary
Written by the Congressional Research Service.
Voter Empowerment Act of 2026
This bill expands voter registration and voting access.
Specifically, the bill expands voter registration by requiring states to (1) make available online voter registration, (2) establish automatic voter registration systems, (3) permit same-day voter registration, and (4) accept voter registration applications from individuals under age 18.
Further, the bill limits removing voters from voter rolls and prohibits interference with voter registration or voting.
Next, the bill requires states to allow individuals with disabilities to use absentee registration procedures and to vote by absentee ballot in federal elections.
The bill also prohibits voter caging (the practice of sending mail to addresses on voter rolls, compiling a list of the undeliverable mail, and using the list to remove registered voters from voter rolls).
Next, the bill expands voting access by requiring states to allow early voting and voting by mail without additional conditions. It also requires states to provide secured drop boxes at which individuals may drop off their completed absentee ballots.
In addition, the bill declares that the right of a U.S. citizen to vote in any federal election shall not be denied or abridged because that individual has been convicted of a criminal offense unless, at the time of the election, such individual is serving a felony sentence.
Finally, the bill permanently reauthorizes the Election Assistance Commission (EAC). It also directs the EAC to make grants to states for specified activities, including to implement automatic voter registration systems.
Text of the bill
I Voter Registration Modernization
A Promoting Internet Registration
B Automatic Voter Registration
C Same Day Voter Registration
D Conditions on Removal on Basis of Interstate Cross-Checks
E Other Initiatives To Promote Voter Registration
F Availability of HAVA Requirements Payments
G Prohibiting Interference With Voter Registration
H Voter Registration Efficiency Act
I Providing Voter Registration Information to Secondary School Students
J Voter Registration of Minors
II Access to Voting for Individuals With Disabilities
III Prohibiting Voter Caging
IV Prohibiting Deceptive Practices and Preventing Voter Intimidation
V Democracy Restoration
VI Promoting Accuracy, Integrity, and Security Through Voter-Verified Permanent Paper Ballot
(a) In general. Section 301(a)(2) of the Help America Vote Act of 2002 (52 U.S.C. 21081(a)(2)) is amended to read as follows:
(2) Paper ballot requirement
(A) Voter-verified paper ballots
(i) Paper ballot requirement
(I) The voting system shall require the use of an individual, durable, voter-verified paper ballot of the voter’s vote that shall be marked and made available for inspection and verification by the voter before the voter’s vote is cast and counted, and which shall be counted by hand or read by an optical character recognition device or other counting device. For purposes of this subclause, the term individual, durable, voter-verified paper ballot means a paper ballot marked by the voter by hand or a paper ballot marked through the use of a nontabulating ballot marking device or system, so long as the voter shall have the option to mark his or her ballot by hand.
(II) The voting system shall provide the voter with an opportunity to correct any error on the paper ballot before the permanent voter-verified paper ballot is preserved in accordance with clause (ii).
(III) The voting system shall not preserve the voter-verified paper ballots in any manner that makes it possible, at any time after the ballot has been cast, to associate a voter with the record of the voter’s vote without the voter’s consent.
(IV) The voting system shall prevent, through mechanical means or through independently verified protections, the modification or addition of vote selections on a printed or marked ballot at any time after the voter has been provided an opportunity to correct errors on the ballot pursuant to subclause (II).
(ii) Preservation as official record. The individual, durable, voter-verified paper ballot used in accordance with clause (i) shall constitute the official ballot and shall be preserved and used as the official ballot for purposes of any recount or audit conducted with respect to any election for Federal office in which the voting system is used.
(iii) Manual counting requirements for recounts and audits
(I) Each paper ballot used pursuant to clause (i) shall be suitable for a manual audit, and shall be counted by hand in any recount or audit conducted with respect to any election for Federal office.
(II) In the event of any inconsistencies or irregularities between any electronic vote tallies and the vote tallies determined by counting by hand the individual, durable, voter-verified paper ballots used pursuant to clause (i), and subject to subparagraph (B), the individual, durable, voter-verified paper ballots shall be the true and correct record of the votes cast.
(iv) Application to all ballots. The requirements of this subparagraph shall apply to all ballots cast in elections for Federal office, including ballots cast by absent uniformed services voters and overseas voters under the Uniformed and Overseas Citizens Absentee Voting Act and other absentee voters.
(B) Special rule for treatment of disputes when paper ballots have been shown to be compromised
(i) In general. In the event that— the determination of the appropriate remedy with respect to the election shall be made in accordance with applicable State law, except that the electronic tally shall not be used as the exclusive basis for determining the official certified result.
(I) there is any inconsistency between any electronic vote tallies and the vote tallies determined by counting by hand the individual, durable, voter-verified paper ballots used pursuant to subparagraph (A)(i) with respect to any election for Federal office; and
(II) it is demonstrated by clear and convincing evidence (as determined in accordance with the applicable standards in the jurisdiction involved) in any recount, audit, or contest of the result of the election that the paper ballots have been compromised (by damage or mischief or otherwise) and that a sufficient number of the ballots have been so compromised that the result of the election could be changed,
(ii) Rule for consideration of ballots associated with each voting machine. For purposes of clause (i), only the paper ballots deemed compromised, if any, shall be considered in the calculation of whether or not the result of the election could be changed due to the compromised paper ballots.
(b) Conforming amendment clarifying applicability of alternative language accessibility. Section 301(a)(4) of such Act (52 U.S.C. 21081(a)(4)) is amended by inserting (including the paper ballots required to be used under paragraph (2)) after voting system.
(c) Other conforming amendments. Section 301(a)(1) of such Act (52 U.S.C. 21081(a)(1)) is amended—
(1) in subparagraph (A)(i), by striking counted and inserting counted, in accordance with paragraphs (2) and (3);
(2) in subparagraph (A)(ii), by striking counted and inserting counted, in accordance with paragraphs (2) and (3);
(3) in subparagraph (A)(iii), by striking counted each place it appears and inserting counted, in accordance with paragraphs (2) and (3); and
(4) in subparagraph (B)(ii), by striking counted and inserting counted, in accordance with paragraphs (2) and (3).
VII Provisional Ballots
VIII Early Voting
IX Voting by Mail
X Absent Uniformed Services Voters and Overseas Voters
XI Poll Worker Recruitment and Training
XII Enhancement of Enforcement
XIII Federal Election Integrity
XIV Promoting Voter Access Through Election Administration Improvements
A Promoting Voter Access
B Disaster and Emergency Contingency Plans
C Improvements in Operation of Election Assistance Commission
D Miscellaneous Provisions
XV Severability