[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1755 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 1755

   To enforce the guarantees of the first, fourteenth, and fifteenth 
  amendments to the Constitution of the United States by prohibiting 
   certain devices used to deny the right to participate in certain 
                               elections.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 21, 1993

Mr. Penny (for himself, Mr. Hastings, and Mr. Gunderson) introduced the 
     following bill; which was referred to the Committee on House 
                             Administration

_______________________________________________________________________

                                 A BILL


 
   To enforce the guarantees of the first, fourteenth, and fifteenth 
  amendments to the Constitution of the United States by prohibiting 
   certain devices used to deny the right to participate in certain 
                               elections.

    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 ``Fair Elections Act of 1993''.

SEC. 2. FINDINGS AND PURPOSES.

    (a) Findings.--The Congress makes the following findings:
            (1) Voting participation in the United States is lower than 
        in any other advanced industrialized democracy.
            (2) The rights of eligible citizens to seek election to 
        office, vote for candidates of their choice and associate for 
        the purpose of taking part in elections, including the right to 
        create and develop new political parties, are fundamental in a 
        democracy. The rights of citizens to participate in the 
        election process, provided in and derived from the first and 
        fourteenth amendments to the Constitution, having consistently 
        been promoted and protected by the Federal Government. These 
        rights include the right to cast an effective vote and the 
        right to associate for the advancement of political beliefs, 
        which includes the ``constitutional right . . . to create and 
        develop new political parties.'' Norman v. Reed, 502 
        U.S.______, 112 S.Ct. 699 (1992). It is the duty of the Federal 
        Government to see that these rights are not impaired in 
        elections for Federal office.
            (3) Certain restrictions on access to the ballot impair the 
        ability of citizens to exercise these rights and have a direct 
        and damaging effect on citizens' participation in the electoral 
        process.
            (4) Many States unduly restrict access to the ballot by 
        nonmajor party candidates and nonmajor political parties by 
        means of such devices as excessive petition signature 
        requirements, insufficient petitioning periods, 
        unconstitutionally early petition filing deadlines, petition 
        signature distribution criteria, discriminatory petition 
        signature fees, and limitations on eligibility to circulate and 
        sign petitions.
            (5) Many States require political parties to poll an unduly 
        high number of votes or to register an unduly high number of 
        voters as a precondition for remaining on the ballot.
            (6) In 1983, the Supreme Court ruled unconstitutional an 
        Ohio law requiring a nonmajor party candidate for President to 
        qualify for the general election ballot earlier than major 
        party candidates. This Supreme Court decision, Anderson v. 
        Celebrezze, 460 U.S. 780 (1983) has been followed by many lower 
        courts in challenges by nonmajor parties and candidates to 
        early petition filing deadlines. See, e.g., Stoddard v. Quinn, 
        593 F. Supp. 300 (D.Me. 1984); Cripps v. Seneca County Board of 
        Elections, 629 F. Supp. 1335 (N.D.Oh. 1985); Libertarian Party 
        of Nevada v. Swackhamer, 638 F. Supp. 565 (D. Nev. 1986); 
        Cromer v. State of South Carolina, 917 F.2d 819 (4th Cir. 
        1990); New Alliance Party of Alabama v. Hand, 933 F. 2d 1568 
        (11th Cir. 1991).
            (7) In 1992, 26 States still required nonmajor party 
        candidates for President to qualify for the ballot before the 
        second major party national convention (California, Colorado, 
        Connecticut, Delaware, Florida, Georgia, Illinois, Indiana, 
        Kansas, Maine, Maryland, Michigan, Missouri, Montana, North 
        Carolina, Nevada, New Hampshire, New Jersey, Oklahoma, 
        Pennsylvania, South Carolina, South Dakota, Texas, Washington, 
        West Virginia). Nine of these States required nonmajor party 
        candidates to qualify before the first major party national 
        convention (Florida, Georgia, Indiana, Maine, Michigan, Nevada, 
        North Carolina, Oklahoma, Texas).
            (8) In 1992, nonmajor party candidates for President had to 
        obtain 806,401 petition signatures to be listed on the ballots 
        of all 50 States and the District of Columbia--32 times more 
        signatures than the 25,500 required of Democratic Party 
        candidates and 15 times more signatures than the 54,250 
        required of Republican Party candidates. To be listed on the 
        ballot in all 50 States and the District of Columbia with a 
        party label, nonmajor party candidates for President had to 
        obtain approximately 649,092 petition signatures and 79,136 
        registrants. In 1992, 32 of the 41 States that held 
        Presidential primaries required no signatures of major party 
        candidates for President (Arkansas, California, Colorado, 
        Connecticut, Florida, Georgia, Idaho, Kansas, Kentucky, 
        Louisiana, Maryland, Massachusetts, Michigan, Minnesota, 
        Mississippi, Missouri, Nebraska, New Hampshire, New Mexico, 
        North Carolina, North Dakota, Oklahoma, Oregon, Rhode Island, 
        South Carolina, South Dakota, Tennessee, Texas, Virginia, 
        Washington, West Virginia, Wisconsin). Only two States required 
        no signatures of nonmajor party candidates for President 
        (Arkansas and Louisiana; Louisiana, however, requires a $500 
        filing fee).
            (9) The number of petition signatures required by the 
        States to list a major party candidate for Senate on the ballot 
        in 1992 ranged from zero to 15,111. The number of petition 
        signatures required to list a nonmajor party candidate for 
        Senate ranged from zero to 180,935. Thirty-one States required 
        no signatures of major party candidates for Senate (Alabama, 
        Alaska, Arkansas, Colorado, Connecticut, Delaware, Florida, 
        Georgia, Hawaii, Kansas, Kentucky, Louisiana, Maryland, 
        Massachusetts, Minnesota, Mississippi, Missouri, Montana, 
        Nebraska, Nevada, New Hampshire, North Carolina, North Dakota, 
        Oklahoma, Oregon, South Carolina, Texas, Utah, Washington, West 
        Virginia, Wyoming). Only one State required no signatures of 
        nonmajor party candidates for Senate, provided they were 
        willing to be listed on the ballot without a party label 
        (Louisiana, although a $600 filing fee is required, and to run 
        with a party label, a candidate must register 106,146 voters 
        into his or her party).
            (10) The number of petition signatures required by the 
        States to list a major party candidate for Congress on the 
        ballot in 1992 ranged from zero to 2,000. The number of 
        petition signatures required to list a nonmajor party candidate 
        for Congress ranged from zero to 12,252. Thirty-one States 
        required no signatures of major party candidates for Congress 
        (Alabama, Alaska, Arkansas, Colorado, Connecticut, Delaware, 
        Florida, Georgia, Hawaii, Kansas, Kentucky, Louisiana, 
        Maryland, Minnesota, Mississippi, Missouri, Montana, Nebraska, 
        Nevada, New Hampshire, North Carolina, North Dakota, Oklahoma, 
        Oregon, South Carolina, Texas, Utah, Washington, West Virginia, 
        Wyoming). Only one State required no signatures of nonmajor 
        party candidates for Congress, provided they were willing to be 
        listed on the ballot without a party label (Louisiana, although 
        a $600 filing fee is required).
            (11) Eight States required additional signatures to list a 
        nonmajor party candidate for President on the ballot with a 
        party label (Alabama, Arizona, Idaho, Kansas, Nebraska, North 
        Dakota, Ohio, Tennessee). Thirteen States required additional 
        signatures to list a nonmajor party candidate for Senate or 
        Congress on the ballot with a party label (Alabama, Arizona, 
        Arkansas, California, Idaho, Hawaii, Kansas, Louisiana, North 
        Dakota, Nebraska, Ohio, Oregon, Tennessee). Two of these States 
        (Ohio and Tennessee, respectively) required 5,000 signatures 
        and 25 signatures, respectively, to list a nonmajor party 
        candidate for President or Senate on the ballot in 1992, but 
        required 34,777 signatures and 19,759 signatures, respectively, 
        to list the candidate on the ballot with her or his party 
        label. One State (California) required a nonmajor party to have 
        78,992 registrants in order to have its candidate for President 
        listed on the ballot with a party label.
            (12) In 1992 one State (Arizona) required nonmajor party 
        candidates for President or Senate to obtain 10,555 signatures 
        in 10 days, but allowed major party candidates for Senate 45 
        days to obtain approximately half that number of signatures, 
        and required no signatures of major party candidates for 
        President. Another State (California) required nonmajor party 
        candidates for President or Senate to obtain 134,781 signatures 
        in 105 days, but required major party candidates for Senate to 
        obtain only 65 signatures in 105 days, and required no 
        signatures of major party candidates for President. Another 
        State (Texas) required nonmajor party candidates for President 
        or Senate to obtain 38,900 signatures in 75 days, and required 
        no signatures of major party candidates for President or 
        Senate.
            (13) Two States required all nonmajor party candidates to 
        pay fees of ten and five cents per petition signature, while 
        requiring no fees or signatures of major party candidates 
        (Florida and North Carolina, respectively).
            (14) Seven States require nonmajor party candidates for 
        President or Senate to collect a certain number or percentage 
        of their petition signatures in each congressional district or 
        in a specified number of congressional districts (Michigan, 
        Missouri, Nebraska, New Hampshire, New York, North Carolina, 
        Virginia). Only three of these States impose a like requirement 
        on major party candidates for President or Senate (Michigan, 
        New York, Virginia).
            (15) Twenty States restrict the circulation of petitions 
        for nonmajor party candidates to residents of those States 
        (California, Colorado, Connecticut, District of Columbia, 
        Idaho, Illinois, Kansas, Michigan, Missouri, Nebraska, Nevada, 
        New Jersey, New York, Ohio, Pennsylvania, South Dakota, Texas, 
        Virginia, West Virginia, Wisconsin). Three States restrict the 
        circulation of petitions for nonmajor party candidates to the 
        county or congressional district where the circulator lives 
        (Kansas, Nebraska, Virginia).
            (16) Four States prohibit people who voted in a primary 
        election from signing petitions for nonmajor party candidates 
        (Nebraska, New York, Texas, West Virginia). Twelve States 
        restrict the signing of petitions to people who indicate intent 
        to support or vote for the candidate or party (California, 
        Delaware, Hawaii, Illinois, Indiana, Maryland, New Jersey, New 
        York, North Carolina, Ohio, Oregon, Utah). Five of these 12 
        States require no petitions of major party candidates 
        (Delaware, Maryland, North Carolina, Oregon, Utah), and only 
        one of the six remaining States restricts the signing of 
        petitions for major party candidates to people who indicate 
        intent to support or vote for the candidate or party (New 
        Jersey).
            (17) Restrictions on the ability of citizens to exercise 
        the rights identified in this subsection have 
        disproportionately impaired participation in the electoral 
        process by various groups, including racial minorities.
            (18) The establishment of fair and uniform national 
        standards for access to the ballot in elections for Federal 
        office would remove barriers to the participation of citizens 
        in the electoral process and thereby facilitate such 
        participation and maximize the rights identified in this 
        subsection.
            (19) The Congress has authority, under the provisions of 
        the Constitution of the United States in sections 4 and 8 of 
        article I, section 1 of article II, article VI, the thirteenth, 
        fourteenth, and fifteenth amendments, and other provisions of 
        the Constitution of the United States, to protect and promote 
        the exercise of the rights identified in this subsection.
    (b) Purposes.--The purposes of this Act are--
            (1) to establish fair and uniform standards regulating 
        access to the ballot by eligible citizens who desire to seek 
        election to Federal office and political parties, bodies, and 
        groups which desire to take part in elections for Federal 
        office; and
            (2) to maximize the participation of eligible citizens in 
        elections for Federal office.

SEC. 3. BALLOT ACCESS RIGHTS.

    (a) An individual shall have the right to be placed as a candidate 
on, or to have such individual's political party, body, or group 
affiliation in connection with such candidacy placed on, a ballot or 
similar voting materials to be used in a Federal election, if such 
individual presents a petition stating in substance that the 
signatories desire such individual's name and political party, body or 
group affiliation, if any, to be placed on the ballot or other similar 
voting materials to be used in the Federal election with respect to 
which such rights are to be exercised, and
            (1) with respect to a Federal election for the office of 
        President, Vice President, or Senator, such petition has a 
        number of signatures of persons qualified to vote for such 
        office equal to one-tenth of one percent of the number of 
        persons who voted in the most recent previous Federal election 
        for such office in the State, or 1,000 signatures, whichever is 
        greater;
            (2) with respect to a Federal election for the office of 
        Representative in, or Delegate or Resident Commissioner to, the 
        Congress, such petition has a number of signatures of persons 
        qualified to vote for such office equal to one-half of one 
        percent of the number of persons who voted in the most recent 
        previous Federal election for such office, or, if there was no 
        previous Federal election for such office, 1,000 signatures;
            (3) with respect to a Federal election the date of which 
        was fixed 345 or more days in advance, such petition was 
        circulated during a period beginning on the 345th day and 
        ending on the 75th day before the date of the election;
            (4) with respect to a Federal election the date of which 
        was fixed less than 345 days in advance, such petition was 
        circulated during a period established by the State holding the 
        election, or, if no such period was established, during a 
        period beginning on the day after the date the election was 
        scheduled and ending on the tenth day before the date of the 
        election, provided, however, that the number of signatures 
        required under paragraph (1) or (2) shall be reduced by \1/
        270\th for each day less than 270 in such period.
    (b) An individual shall have the right to be placed as a candidate 
on, or to have such individual's political party, body, or group 
affiliation in connection with such candidacy placed on, a ballot or 
similar voting materials to be used in a Federal election, without 
having to satisfy any requirement relating to a petition under 
subsection (a), if that or another individual, as a candidate of that 
political party, body, or group, received one percent of the votes cast 
in the most recent general Federal election for President or Senator in 
that State.

SEC. 4. RULEMAKING.

    The Attorney General shall make rules to carry out this Act.

SEC. 5. GENERAL DEFINITIONS.

    As used in this Act--
            (1) the term ``Federal election'' means a general or 
        special election for the office of--
                    (A) President or Vice President;
                    (B) Senator; or
                    (C) Representative in, or Delegate or Resident 
                Commissioner to, the Congress;
            (2) the term ``State'' means a State of the United States, 
        the District of Columbia, the Commonwealth of Puerto Rico, and 
        any other territory or possession of the United States; and
            (3) the term ``individual'' means an individual who has the 
        qualifications required by law of a person who holds the office 
        for which such individual seeks to be a candidate.

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