[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3232 Introduced in House (IH)]
107th CONGRESS
1st Session
H. R. 3232
To direct the Federal Election Commission to make grants to States
which have adopted an instant runoff voting system for presidential
elections, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 6, 2001
Mr. Jackson of Illinois introduced the following bill; which was
referred to the Committee on House Administration
_______________________________________________________________________
A BILL
To direct the Federal Election Commission to make grants to States
which have adopted an instant runoff voting system for presidential
elections, and for other purposes.
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 ``Voting Equipment Compatibility With
Instant Runoff Voting Act of 2001''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) In the three Presidential elections since 1988, most
States have awarded their electoral votes to a candidate who
earned less than half the popular vote in that State.
(2) In many elections, the majority of voters split their
votes between two similar candidates, letting a third candidate
supported by only a minority of the electorate win the
election.
(3) The principle of majority rule is violated when the
majority does not choose the winner of an election.
(4) A simple solution to this problem of non majority
winners is to require the winner of an election to earn a
majority of votes.
(5) Instant runoff voting, as used in Ireland, Australia,
and London, requires the winner of an election to earn a
majority of votes. Voters rank candidates in case their
favorite candidate is eliminated, and the votes of the
candidate's supporters count for their second choice in a
runoff round. This process continues until one candidate earns
a majority of votes.
(6) There is increased interest in instant runoff voting.
For example, Alaskans in 2002 will vote on whether to adopt
instant runoff voting for Presidential elections in 2004. In
1999, the New Mexico Senate passed legislation providing for a
ballot measure under which voters would be allowed to implement
instant runoff voting for Presidential elections. In Vermont,
legislation to enact instant runoff voting for statewide
offices, including the Presidential race, has been endorsed by
Common Cause, the League of Women Voters, and the Grange.
Additionally, the legislatures of States such as Maine,
Maryland, Minnesota, and Washington in 2001 debated legislation
to enact instant runoff voting for Presidential elections, and
the Speaker of the California Assembly has introduced a bill to
implement instant runoff voting in elections to fill vacancies
in Congress.
(7) In order to conduct an instant runoff election, voting
equipment must be compatible with ranked ballots.
(8) Consistent with the national underinvestment in voting
equipment, much of the Nation's voting equipment is not
currently compatible with ranked ballots.
(9) There are currently no Federal mandatory minimum
standards for voting equipment. Although the Federal Election
Commission has promulgated voluntary standards, these voluntary
standards do not include compatibility with ranked ballots.
SEC. 3. FUNDING FOR STATES IMPLEMENTING INSTANT RUNOFF VOTING FOR
PRESIDENTIAL ELECTIONS.
(a) Establishment of Grant Program.--There is established a program
under which the Federal Election Commission (hereafter in this Act
referred to as the ``Commission'') shall make grants to eligible States
which have adopted an instant runoff voting system for presidential
elections to defray the costs of administering such a system, including
the costs of purchasing voting equipment, software, and other
technology necessary for such a system.
(b) Plan for Program.--Not later than 60 days after the date of the
enactment of this Act, the Commission shall develop and make public a
plan describing the criteria to be used in the solicitation and
approval of applications for grants under this Act and the criteria to
be used in overseeing the use of funds provided under such grants,
except that under such criteria the Commission may not require a State
to match any portion of the amount awarded as a condition of
eligibility.
(c) Eligibility of States.--
(1) In general.--A State is eligible to receive a grant
under the program under this section if it submits to the
Commission (in such form and manner as the Commission may
require) an application containing such information and
assurances as the Commission may require.
(2) Deadline for application.--The Commission may not
consider an application for a grant under this section unless
the application is submitted prior to the expiration of the 60-
day period which begins on the date the Commission makes public
the plan developed under subsection (b).
(3) Deadline for response.--The Commission shall approve or
reject an application submitted under this subsection not later
than 120 days after receiving the application.
(4) Criteria for rejection.--The Commission may not reject
an application submitted under this subsection unless it finds
that--
(A) the equipment, software, or other technology
used to administer elections in the State is not
compatible with an instant runoff voting system; or
(B) the State does not provide for appropriate
education for voters, poll workers, and election
officials in the use of an instant runoff voting
system.
(d) Cap on Amount of Grant.--The amount of any grant awarded to a
State under the program under this section may not exceed the product
of--
(1) the number of residents in the State at the time the
grant is awarded (based on the most recent decennial census);
and
(2) $12.
(e) Authorization of Appropriations.--There are authorized to be
appropriated to carry out the program under this section--
(1) $30,000,000 for fiscal year 2002; and
(2) such sums as may be necessary for fiscal year 2003 and
each succeeding fiscal year.
SEC. 4. REQUIRING STATES TO USE VOTING EQUIPMENT COMPATIBLE WITH
INSTANT RUNOFF VOTING FOR FEDERAL ELECTIONS.
(a) In General.--Notwithstanding any other provision of law, each
State shall administer elections for Federal office using voting
equipment and technology which is compatible with an instant runoff
voting system.
(b) Effective Date.--Subsection (a) shall apply with respect to the
regularly scheduled general election for Federal office held during
2004 and each succeeding election for Federal office.
SEC. 5. DEFINITIONS.
(a) Instant Runoff Voting System.--In this Act, the term ``instant
runoff voting system'' means a system for the election of candidates
under which--
(1) voters may rank candidates on the ballot according to
the order of preference;
(2) runoff counts of candidates are conducted in rounds;
(3) if in any round no candidate receives a majority of the
votes cast, the candidate with the fewest number of votes is
eliminated and the remaining candidates advance to the next
round;
(4) in each round, a voter shall be considered to have cast
one vote for the candidate the voter ranked highest on the
ballot who has not been eliminated; and
(5) the runoff counts are carried out automatically at the
time the votes are cast and tabulated.
(b) State.--In this Act, the term ``State'' includes the District
of Columbia, the Commonwealth of Puerto Rico, American Samoa, Guam, and
the United States Virgin Islands.
SEC. 6. RELATIONSHIP TO OTHER LAWS.
Nothing in this Act may be construed to supersede or conflict with
the Voting Rights Act of 1965 (42 U.S.C. 1973aa et seq.) or the
National Voter Registration Act of 1993 (42 U.S.C. 1973gg et seq.).
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