[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2477 Introduced in House (IH)]







105th CONGRESS
  1st Session
                                H. R. 2477

   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

                           September 16, 1997

   Mr. Paul introduced the following bill; which was referred to the 
                      Committee on House Oversight

_______________________________________________________________________

                                 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 ``Voter Freedom Act of 1997''.

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, have 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. 279, 
        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, 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 1996, 34 States required nonmajor party candidates 
        for President to qualify for the ballot before the second major 
        party national convention (Arizona, California, Colorado, 
        Connecticut, Delaware, District of Columbia, Florida, Georgia, 
        Illinois, Indiana, Iowa, Kansas, Maine, Maryland, 
        Massachusetts, Michigan, Missouri, Montana, Nevada, New 
        Hampshire, New Jersey, New York, North Carolina, Ohio, 
        Oklahoma, Pennsylvania, South Carolina, South Dakota, 
        Tennessee, Texas, Virginia, Washington, West Virginia, and 
        Wyoming). Twenty-six of these States required nonmajor party 
        candidates to qualify before the first major party national 
        convention (Arizona, California, Colorado, Connecticut, 
        Florida, Georgia, Illinois, Indiana, Kansas, Maine, Maryland, 
        Massachusetts, Michigan, Missouri, Montana, Nevada, New 
        Hampshire, New Jersey, North Carolina, Oklahoma, Pennsylvania, 
        South Carolina, South Dakota, Texas, Washington, and West 
        Virginia).
            (8) Under present law, in 1996, nonmajor party candidates 
        for President were required to obtain at least 701,089 petition 
signatures to be listed on the ballots of all 50 States and the 
District of Columbia--28 times more signatures than the 25,500 required 
of Democratic Party candidates and 13 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 were required to obtain 
approximately 651,475 petition signatures and 89,186 registrants. 
Thirty-two of the 41 States that hold 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 three States required no signatures of nonmajor party 
candidates for President (Arkansas, Colorado, and Louisiana; Colorado 
and Louisiana, however, required a $500 filing fee).
            (9) Under present law, the number of petition signatures 
        required by the States to list a major party candidate for 
        Senate on the ballot in 1996 ranged from zero to 15,000. The 
        number of petition signatures required to list a nonmajor party 
        candidate for Senate ranged from zero to 196,788. 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 
        was required, and to run with a party label, a candidate was 
        required to register 111,121 voters into his or her party).
            (10) Under present law, the number of petition signatures 
        required by the States to list a major party candidate for 
        Congress on the ballot in 1996 ranged from zero to 2,000. The 
        number of petition signatures required to list a nonmajor party 
        candidate for Congress ranged from zero to 13,653. 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 are 
        willing to be listed on the ballot without a party label 
        (Louisiana, although a $600 filing fee was required).
            (11) Under present law, in 1996, 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) 
        required 5,000 signatures and 25 signatures, respectively, to 
        list a nonmajor party candidate for President or Senate on the 
        ballot in 1996, but required 33,463 signatures and 37,179 
        signatures, respectively, to list the candidate on the ballot 
        with her or his party label. One State (California) required a 
        nonmajor party to have 89,006 registrants in order to have its 
        candidate for President listed on the ballot with a party 
        label.
            (12) Under present law, in 1996 one State (California) 
        required nonmajor party candidates for President or Senate to 
        obtain 147,238 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 43,963 signatures 
        in 75 days, and required no signatures of major party 
        candidates for President or Senate.
            (13) Under present law, in 1996, seven States required 
        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).
            (14) Under present law, in 1996, 20 States restricted 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). Two States restricted the circulation of petitions 
        for nonmajor party candidates to the county or congressional 
        district where the circulator lives (Kansas and Virginia).
            (15) Under present law, in 1996, three States prohibited 
        people who voted in a primary election from signing petitions 
        for nonmajor party candidates (Nebraska, New York, Texas, West 
        Virginia). Twelve States restricted 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 required no petitions of major party 
candidates (Delaware, Maryland, North Carolina, Oregon, Utah), and only 
one of the six remaining States restricted the signing of petitions for 
major party candidates to people who indicate intent to support or vote 
for the candidate or party (New Jersey).
            (16) In two States (Louisiana and Maryland), no nonmajor 
        party candidate for Senate has qualified for the ballot since 
        those States' ballot access laws have been in effect.
            (17) In two States (Georgia and Louisiana), no nonmajor 
        party candidate for the United States House of Representatives 
        has qualified for the ballot since those States' ballot access 
        laws have been in effect.
            (18) 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.
            (19) 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.
            (20) 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) In General.--An individual shall have the right to be placed as 
a candidate on, and 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--
            (1) such individual presents a petition stating in 
        substance that its signers 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;
            (2) 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;
            (3) 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;
            (4) 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; and
            (5) 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 (2) or (3) shall be reduced by \1/270\ 
        for each day less than 270 in such period.
    (b) Special Rule.--An individual shall have the right to be placed 
as a candidate on, and 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 
the State.
    (c) Savings Provision.--Subsections (a) and (b) shall not apply 
with respect to any State that provides by law for greater ballot 
access rights than the ballot access rights provided for under such 
subsections.

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;
            (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;
            (4) the term ``petition'' includes a petition which 
        conforms to section 3(a)(1) and upon which signers' addresses 
        and/or printed names are required to be placed;
            (5) the term ``signer'' means a person whose signature 
        appears on a petition and who can be identified as a person 
        qualified to vote for an individual for whom the petition is 
        circulated, and includes a person who requests another to sign 
        a petition on his or her behalf at the time when, and at the 
        place where, the request is made;
            (6) the term ``signature'' includes the incomplete name of 
        a signer, the name of a signer containing abbreviations such as 
        first or middle initial, and the name of a signer preceded or 
        followed by titles such as ``Mr.'', ``Ms.'', ``Dr.'', ``Jr.'', 
        or ``III''; and
            (7) the term ``address'' means the address which a signer 
        uses for purposes of registration and voting.
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