[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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